HomeMy WebLinkAboutCC 1978-09-28 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
r!TY HALL
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Ct1`flCn^'MISSIRJ � MIAMI,LAR FLORIDA
MERE
SUBJECT
AMEND SEC. 39-13.1 REVISE FEES CHARGED AT CITY
GOLF COURSES:
AMEND SEC. 39-5 -REVISE FEES FOR SWIMMING POOLS 8847
PARKING GARAGE FEES -INCREASING -1st READING
UNIV. OF MIAMI CONFERENCE CENTER -PROPOSED AMDT.TO
AGREEMENT:
STATUS OF DOWNTOWN ARENA DEVELOPMENT:
DISCUSSION OF PROP. FEE WAIVER POLICY -SEE ITEM 35
LATER:
DISCUSSION OF PROPOSED POLICY FOR
SUPPORT OF FESTIVALS (ADOPTED ITEM 36)
FIRST READING ORD.-PERMIT PAYBACK GENERAL RETIRE-
MENT PLAN -PROBATIONARY TEMP.OR PERMANENT:
EMERGENCY ORD.-5:ADJ. TO RETIREES 8848
tDINANCE OR
SOLUTION NO.
8846
1st Reading
R-78-588
M-78-589
1st reading
AMD. SEC. 1 & 5 ORD. 8731 -ACTION COMM. CENTER
COMPENSATE FOR REDUCTION IN F.R.S.F. 8849
AMD. SEC. 1 OF ORD 8716 - CONST. OF COCONUT GROVE
DIST HIGHWAY IMPROVEMENT: 8850
AMD. SEC. 30-8 OF CITY CODE -OCCUPATIONAL LICENSES
ANNUAL LICENSE FOR PEDDLERS: 8851
AMD. ORD 8731 -APPRO. S42,109. FOR MIAMI-METRO
PUBLICITY CONTRACT: 8852
AMD. SEC. 1 & 5- ORD. 8731 -INCREASE GENERAL FUND
PENSION S60,510. FOR INCREASING RETIREES
BENEFITS:
TRANSFER FUNDS -FROM FEE WAIVERS TO "CONTRIBUTIONS
FOR CETA REIMBURSEMENT:
CONTRACT WITH MC DONNELL DOUGLAS AUTOMATION -
IMPLEMENT REPORTING SYSTEM:
AGMT WITH STATE OF FLORIDA-DEPT OF COMMUNITY
AFFAIRS -IMPLEMENT GRANT FOR CHILD DAY CARE:
APPOINTING COMMISSIONERS GORDON AND PLUMMER TO
DADE-MIAMI CRIMINAL JUSTICE PLANNING COUNCIL
BID ACCEPT -BANKERS LIFE & CAS CO. -ACCIDENTAL DEATH
INS. FOR CITY EMPLOYEES
BID ACCEPT- COCONUT GROVE AREA HIGHWAY IMP. 8-4408,
BIDS A & B:
BID ACCEPT -COCONUT GROVE AREA HIGHWAY IMP B-4408
BID C:
BID ACCEPT -COCONUT GROVE AREA HIGHWAY IMP. B-4408
BID D:
8853
R-78-590
R-78-591
R-78-592
R-78-593
R-78-594
R-78-595
R-78-596
R-78-597
BID ACCEPT-BAYFRONT PARK AUDITORIUM REROOFING: R-78-598
AMEND AGMT WITH MIAMI CENTER ASSOCIATES LTD: R-78-599
PAGE NO,
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CI1R1 SS(OiJ OF MiM1I, FLARiA4
REVENUE BOND PLAN -COMPLETION OF CITY OF MIAMI
UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER:
ESTABLISH WAIVER OF FEES FOR CITY FACILITIES AND
EQUIPMENT:
POLICY REGARDING SUPPORT OF FESTIVALS,CULTURAL
AND SPORTS EVENTS:
MIAMI RIVER TUNNEL ALTERNATIVE -CITY MGR. EXECUTE
AGMT WITH PROFESSIONAL CONSULTING SERVICES:
BRIEF DISCUSSION OF BUDGET -PRESENTATIONS:
WAIVER OF CONFLICT OF INTEREST TO SKBB INC.-
DESIGN CONTRACT FIRE STATION NO. 9
APPROVE FIRMS TO PROVIDE ARCHITECTURAL SERVICES FOR
FIRE STATIONS 4, 9 R 14:
"TOYS FOR TOTS" -REF. REQUEST TO USE BAYFT. AUD.
TO CITY MANAtIGE R :
SR-5448-C- CONFIRMING ORDERING -ADVERTISE FOR BIDS:
CERTIFICATES OF CONV. & NECESSITY -TRANSFERS - PUB.
HEARING:
DOWNTOWN DEV. AUTHORITY-APPRO. FOR FY-78-79:
DOWNTOWN DEV. AUTHORITY-MILLAGE FY-78-79:
GUSMAN HALL OPERATION & OLYMPIA BLDG.APPROVE.
EXPENDITURES REQUIRED:
AMD CODE - SEC. 2 -9 "ORDER OF BUSINESS AND RULES
OF PROCEDURE":
AFFIRMATIVE VOTE ON ITEM 24 FOR COMMISSIONER PLUMMER
DEFERRAL OF CONSIDERATION TO FILL VACANCY OF CIVIL
SERVICE BOARD:
CONSENT AGENDA : AGENDA ITEMS 37 THROUGH 44;
6-4437 ORDERING N.W. 20 ST AREA SIDEWALK IMP.
SR-5450-C ORDERING PINES SANITARY SEWER (CENTER-
LINE):
SR-5450-S ORDERING PINES SANITARY SEWER (SIDELINE):
ACCEPT COMP. WORK -HEAVY EQUIP. SERVICE FACILITY
FUELING STATION:
AGREEMENT WITH MERCY HOSPITAL -PHYSICAL EXAMS FOR
FIRE FIGHTERS:
BID ACPT. COCONUT GROVE BUSINESS AREA DECORATIVE
PEDESTRIAN SCALE ST. LIGHTING PROJ:
BID ACPTG. MARINE STADIUM STRUCTURAL REPAIRS:
R-78-600
R-78-601
R-78-602
R-78-603
R-78-604
R-78-605
M- 78- 606
R-78-607
R- 78-608
8854
8855
8856
8857
R-78-609
R-78-610
R-78-611
R-78-612
R-78-613
R-78-614
R-78-615
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11•11111MENimum
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INDEX
Ct.11IR !WING
ISSIOiJ � MIAMI, FLORIDA
BID ACPTG. EDISON PARK POOL SOLAR HEATING:
PERSONAL APPEARANCE -REV. JOHN PAUL NAGY-CONCERNING
INTERNATIONAL FOLK FESTIVAL COMMITTEE:
POLICE SERVICES IN ORANGE BOWL STADIUM:
AUTHORIZE CITY MGR. TO PROVIDE 1/12 FUNDING FOR
PROC, ST. LUKE S OVERTOWN-DAY CARE-DADE
COUNTY AFTER SCHOOL,DADE COUNTY COMMUNITY
SCHOOLS AND DOUGLAS GARDENS:
EXCLUDE FROM BUDGET- "CAPITAL IMPROVEMENT" UNTIL
CITY COMM. HAS HAD OPPORTUNITY TO DEAL WITH THAT
AREA OF BUDGET.
APPROPRIATION ORD. FOR FY 78-79:
MILLAGE ORDINANCE FY-78-79:
R-78-616
R-78-617
M-78-618
8858
8859
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I f1JTES OF REGULAR MEETING OF T tE
'G1TY COt1MISSION OF MIAMI, FLORIDA
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On the 28th day of September, 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 9:07 A.M., by Mayor Ferre with the
following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
ABSENT:
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferro
ALSO P ESENT WERE:
Joseph► R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Natty }Hirai, Assistant City Clerk
invocation was delivered by Reverend Gibson who then
in a pledge of allegiance to the flag.
A motion to waive the reading of the minutes was introduced and•
seconded and was passed unanimously.
Mr. Plummer: Good morning.
Rev. Gibson: Good morning, sir.
Mr. Plummer: Regular City of Miami Commission Meeting of September 28th,
the time is 9 o'clock. The first motion to be entertained this morning is
to cut the Mayor and Mr. Reboso's salary for not showing up on time. Is there.
a second to the motion?
Rev. Gibson: Second.
Mr. Plummer: You both can't second the motion, only one. Mr. Grassie, waiting.
for a full... what can we go and proceed with to try to get out of the way,
awaiting the arrival of the two primadonnas?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Where can we start?
Mr. Grassie: Well, I do not believe
items on the Committee Whole.
Mr, Plummer: I understand that,
Mr, Grassie; it is possible that we could take up some of the,
.Mr, 1' .umrner; Such as?
that you would want to
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It: Grassie: ... non -ordinance items; starting with itet 2 ,
Mt. Pluimner: How about starting with 13?
Mt. Grassie: Well, that's really an ordinance, we could do that if you wish.
Mr. Plummer: Alright, do I hear a motion for the waiver of the minutes?, by
Gibson, seconded by Gordon.
Mrs. Gordon: What do you want?
Mr. Plummer: Waiver for the reading of the minutes.
Mts. Gordon: Oh, yes, ok.
Mr. Plummer: What minutes are they, Mr. Clerk?
Mr. Ongie: There are no minutes to be approved this morning, Mr. Plummier,
we did them all at the last regular meeting.
Mr. Plummer: Thank you, for allowing me to make that motion.
•
R: ISL FEES CHARGED AT
1, ,"lEi1D SEC,39-13,1 City of Miami golf Courses
Mr. Plummer: We will start with item 13, adjusting the fees of the Golf,
motion made by Father Gibson, seconded by Mrs. Gordon. Mr. Attorney, would
you read the ordinance? Is there any member of the audience or the public
who wishes to discuss item 13? Hearing no, call the roll.
AN ORDINANCE ENTITLEI)-
AN ORDINANCE AMENDING SECTION 39-13.1 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE
PURPOSE OF REVISING THE FEES AT THE CITY OF
MIAMI GOLF COURSES; CONTAINING A REPEALER
CLAUSE AND A SEVERABILITY PROVISION AND AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 14th
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, and Mr. Plummer.
NOES: None.
ABSENT: Vice -Mayor Reboso and Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8846
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
P
.Y• 2nJ PS_-J:n- A.!:n Section 39-5 of the City Code
Revise fees charged for
City owned SWIMMING POOLS
Ordinance
.r , rti +Wy^'r+Y�.
(MAYGR FLRRE rNTEk .i) Tric MEI?..-NG AT 9 :06) .
Rev. Gibson: Good morning, sir.
Mayor Ferre: Good morning.
IIIII IIIIIIII•IIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIIIII■IIIuiiiiiiu'uui
011
P1u:;7er: (c d C" i �.i\'e c:. v 1tcm 13 and that' it.
(PACF;,RO'tiD CO``MENT (ITT THE i -.bLI('
Mayor Ferre: Well, I think since we have Dr. Stanford, Abe will wit foie
Reboso. Alright, well then let's...
($ACF:CR.riU D COMMENT OFF THE PUBLIC RECORD)
Mt. Plummer: Item 14,...
rev. Gibson: Made by Plummer, second by Gibson.
Mr. Plummer: ... it's an ordinance, moved by Gibson, seconded by Gordon,
read the ordinance. Any one wishing
toll.
AN ORDINANCE ENTITLED -
to discuss item 14? Hearing ho, cell
AN ORDINANCE AMENDING SUBSECTION (a)
PARAGRAPH (1) OF SECTION 39-5 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY REVISING
THE AMOUNT CHARGED FOR USE OF THE CITY OF
MIAII MUNICIPAL SWI`LMING POOLS; PROVIDING
A REPEALER CLAUSE AND PROVIDING A SEVERABIL-
ITY PROVISION AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 14'
• 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:
the
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: Norio.
ABSENT: Vice -Mayor Reboso.
THE ORDINANCE VAS DESIGNAl ED ORDINANCE NO -8847
The City Attorney read the Ordinance, into the public record and announced
that copies were a.aiIablc to the members of the City Commission and to the
public.
ON ROLL CALL:
Mayor Ferre: Wait a moment..
Mr. Plummer: 14, Mayor.
Rev. Gibson: 14.
Mr. Plummer: Which is Mr. Wilcox's proposal, let's get that
and let the man relax. Which is... what number?
Mayor Ferre: What have we done?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: 13 and 14.
Mr. Ongie: We have just done 13 and 14.
Mr. Plummer: Where is Tony on the agenda? Tony, Where
agenda?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: 167
Mayor Ferre: Dr, Stanford, Commissioner Reboso is on his way and i think
perhaps we should have a full Commission before we take up,,. it will jusx ,fig a;,,ew
minutes.
Mr, Plummer: Alright, Maurice, do whatever you want to.
Mayor Ferre: Alright, let's just keep on going and working,
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
3. FIRST READING
,
INCREASE FEES CLIARGED
ORDINANCE: Parking Garage No. 2 - New MATES
?Mayor Ferre: Can we do 15?
Vir. Plummer: Can we do 15?
Mir. Grassie: Yes.
Vt. Plummer: That's not a Public hearing?
Mr. Grassie: Correct.
Mr. Plummer: I will move item 15, Mr. Mayor.
Rev. Gibson: Second.
Mayor Ferre: Alright, there is a motion on 15 by Plummer, second by Gibson,
further discussion?
Mt. Plummer: Mr. Mayor, I think that we should interject here that that is
the garage that this year...
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
That's right.
... I found out was operating at a loss...
And it always has.
Mr. Plummer: ... of almost a hundred thousand dollars a year and all we are
doing is making this rate to where that garage can break even, but it is the
same rates that are being charged out at the airport.
Mayor Ferre: Yes, and by the way that garage has always lost money, so I
think this is a step in the right direction, that really is long over due.
Alright, further discussion on item 15,...
Mr. Plummer:
Mayor Ferre:
AN ORDINANCE
It's got to be read.
Read the ordinance. Alright, call the roll.
ENTITLED -
AN ORDINANCE ESTABLISHING RATES AT MUNICIPAL
PARKING GARAGE NO. 2, LOCATED AT 130 BISCAYNE
BOULEVARD; PROVIDING FOR THE EFFECTIVE DATE
OF DECEMBER 1, 1978 FOR SAID RATES; RATIFYING
AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING
BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE
CHARGED; PROVIDING THAT THE DIRECTOR SHALL CAUSE
CERTIFIED COPIES OF SAID ORDINANCE TO BE FILED
PURSUANT TO SECTION 503 OF THE TRUST INDENTURE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
(VICE -MAYOR REBOSO ENTERED THE MEETING AT 9:10).
stir , c` ..,.,�
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4. DISCUSSION OF PROPOSED
AMENDMENT TO AGREF'R?'1T
ilITH MOTEL DEVELOPER:
•
CITY or "iIAMI
UNIVERSITY OF MIAMI
J:`,'1S L. ':NIGHT
CoNF1'.itr.Nr_,E CENTER
Mayor Ferre: Now, we are on item ItA, Mr. C;rassie, this is the update of the
City of Miami's Convention Center and the University of Miami James L. knight
International Conference Center.
Mr. Plummer: Mr. Mayor, excuse me, just for you edification and Mr. Reboso's,
there where no minutes to approve this morning.
Mayor Ferre: Thank you.
ir. Grassie: Mr. Mayor and Members of the City Commission, today we want to
take a major step in moving forward in one of the most important projects the
City has had in recent ears which is the Downtown Conference Convention
Center. You know that the project is already at the stage of having the
initial work done on the site in the ground. We now are talking about the
final arrangements with the proposed developer and also we are talking about
a financing package which wi l 1 allow the City to develop the front end money
so that this project can go forward. 1 would 1Ike to have the discussion
initiated by Jim Connolly, who will briefly review for you the four items
that have been discussed with the developer) Earl Worsham, then I think wi11
want to comment briefly and an4':'er and: questions that the City_ Commission
may haveand we would then like to ask the City Commission to approve the
agreements to the amended development contract, so that the project can move
forward.
Mayor Ferre: Alright, sir. Mr. Connolly?
Mr. Connolly: Mr. Mayor and members of the City Commission, in April of this
year under the terms of the agreement that had been signed with the developer
we started the actual construction management process in the phase called
Value Engineering. We have been moving forward on that. At the same time,
the developer has applied and received an approval for a mortgage of
r $26,000,000 through Mass Mutual Life Insurance Company. Like any other
major loan, it has certain strings attached to it, something like 29 points
which are in the executive summary which you have been given and are incorporated
in the amendment to the lease as it's been drawn up through negotiations
with the City Managers office and other interested parties. In that agreement
there are really four points that are substantive in nature and are highlighted
in the document you have because, they are something you should be aware of
that is being changed. The first one of those changes is, the mortgagee
is asking that the City assure the developer and the mortgagee that there
will be a parking structure on the Dallas Park Hotel site to he used in
conjunction with the Convention Center. Now, that's extremely important
because we have to have the parking facility at that point in order to make
the Convention Center, the Hotel,and the University spaces work properly.
Unfortunately, we, as you know, have had a feasibility study undertaken
by the Off -Street Parking Authority for that garage. The City Manager's
office received that document, I think Tuesday eveningland that's far too
close to go through the process of bringing it to the Commission and I assume
it will he on the agenda for the next meeting. However, I can say that the
feasibility study is very positive in going ahead with the garage, but the..,
Mayor Ferre: Has that been sent on to members of the Commission?
Mr. Grassie: Yes, it has, sir.
Mr, Plummer; I received it,
Mr, Crassi_e; it should be on your desk
MWit Fetter Aitight
Me Connolly: In any case the statement in the feasibility study iS positite
about structuring this garage. However, the City has to make a commitment
to the developer that the garage will be built. The second point is that,
the mortgagee would like to see a professional management company who has
had experience in the operation of Convention Centers, operating this
Convention Center so that we would get more utilization of it and a healthier
business in the Hotel and the other facilities that are being built there.
The City will endeavor to get a management concern which will be satisfactory
to the City under the terms of any other contract that's allowed, which is public
advertisingsand in this case we believe we can give a management agreement,
but it will have to be renewed or a year. -to -year basis in order to meet the
requirements of the IRS for any funding that's in this project. The third
thing is that the... we had this issue prior in the agreement with the
University, as it's come up again and asked that the mortgagee would like to
see a single insurance company covering all the liability exposure of the
three entities who are in this facility, the City, the University and the
Developer. Now, it's obvious that for purposes of settlement and quick
restoration of any damages is by far better to do it that way. Now, the
City's policy in general)and more so latelylhas been to go to self -insured
and this is kind of that policy, but it really is a free standing facility
on it's own and is really not like the typical City business. Now, the
fourth point is that, in the development since April of the design development
drawings, we have gone through nine iterations of designs. The pressures to
do that, were number one, that we were... in the first blush we were
over -budget, we then tried in every way possible to reduce the cost of the
project by reducing areas, by getting more efficient use of the gross -to -
net ratio. We brought the project down and then when we started going back
in fitting the programmatic requirements that are required for the developer
that we had promised him in our original request for proposal and in his
proposal documents, that we had to increase the space or to do something which
was contrary to what the City wanted. We came up with the most reasonable
design and at the cheapest possible price andlin doing soothe retail space
was the only space available for that, was basically at the front door of
the Convention Center. The architect had worked out an alternate scheme
in which an additional level is added underneath the auditorium. In fact
the auditorium is raised one level and the area underneath it becomes a
major circulation space, freeze up the front entry into the Convention
Center, so it becomes a major entry into a very large public building which
I think that image is what we wanted to retain. In addition, it allows us
to take some negative space that was underneath the auditorium. Now, that
we have decent access to it, we can develop that into six meeting rooms and
add three more for a total of nine additional meeting rooms and also have
a major covered pedestrian walk from the Convention Center and Hotel over
to the northwest corner where it will adjoin the garage. The additional
cost of that addition is 1.2 million dollars. The Manager has negotiated
with the developer and the developer has agreed to pay in contribution
extra)over and above the five million he has committed to the City, seven
hundred thousand dollars additional towards that 1.2 million dollars
Now, the terms on that seven hundred thousand dollars is three hundred
thousand dollars in cash in the direct addition to the five million and
payment of forty thousand a year covering principal and interest on a
four hundred thousand dollar portion which he will pay,over and above what
he had projected that he would be paying the City prior to that point. Now,
those are the points that we are talking about. Now, the other thing is
in this cover letter is an announcement that the Hotel itself will be a Hyatt
Regency of Miami, with the exclusive new use of that name in this
area. Now, getting back to the financing, there are several things that have
happened, number one- that require some measure be taken at this time about
the City's portion of financing for the project. Number one is, that the
University's contribution of 2.5 million dollars is an escrow account
which bears interest to the City's benefit. However, payment of that fund
to the City does not take place until the first day of beneficial occupancy
because the payment is really an advance payment of rent for a lease and it's
like any other lease, the day they move in they make their payment. In
addition to that the developers'5.3 million dollars is drawn down from the
mortgage money he will receive on the day that beneficial occupancy for the
Hotel occurs. So, it's incumbent upon the City to provide the construction
funds which is a short-term construction loan for the total of those two
Pr
ihith is approxitnateiy 8.3 Million dollars. In addition; this project had
-:started... In addition to those two factors, one increasing the size of the
space by 1.2 million and the construction financing. Since we started the
project, as you well recall the project started off with the acquisition of
the Feinberg site for 4 million dollars. in addition, we have spent almost
one million dollars more in buying the Patricia Hotel, the Magnuson piece
of property which is directly adjacent to it the Davino] property which
is on the north side by the Dallas Park Hotel. Those fund, of course, were
taken from the Convention Center Fund. However, they do impact the utilization
of dollars for construction. The next point is inflation, the project amount
was set for this project and verified by a professional estimating company
in 1976 as being $15,000,000, for wnat we had anticipated a $5,000,000 contribution
from the developer, the City's funds and the University's funds. Since that
time, the experienced rate of inflation in the construction industry is 25.2%
adding that and allowing 87 which is what's projected for the next two years,
the cost of the project is increased from 15.0 million to 20.8 million dollars.
And the final item required in the financing is the soft costs which are
a contingency fund which is ... and we are estimating to he a half a million
dollars, fixtures, furnishings and equipment for the Convention Center itself
and preopening expenses. Preopening expenses include the cost of advertising
and promotion. And also the training and hiring of the staff for the Convention
Center because it is an extensive process taking at least ninety days and the
first revenues strained hack into the Convention Center facility does not
take place until after you are open, so it is a true preopening expense,
had never been in the package and rather than have it come into the general
budget in 1980, we felt that by putting it inside the financial package it
is taken as a capital investment. Now, the means of a... all this adds up
to approximately $1R,000,000 of financing, out of that $18,000,000 ? 8.3 million
is a short—term loan which is paid hack to the lender in two years from today,
basically. The remaining $10,000,000 is paid back and the intent is to use
the revenue from the hotel, not from the Convention Center, from the hotel
itself to the City because we have room from basically a three hundred room
hotel complex to now six hundred rooms. The income stream to the City which
was originally projected including base rent and performance rent at
approximately $400,000 a year has increased on a conservative proforma to
he approximately 1.2 million dollar average over the first ten years. It can
be as high as $2,O0)(),000. The intent is to go for a revenue bond, this is
the recommendation that we are making, and probably write it on a 30—year
basis with early retirement at minimum payment. Now, using the full amount
of revenue that will be available for thislwe will be able to retire that
bond in ten to twelve years. Now, the City is asking that the Commission make a
motion to allow the Manager to go out and investigate and develop a financial
plan along those terms and come hack to the Commission within sixty days.
Now, and of course, the other thing is to accept the change which is completely
specific in the amendment 111 to the lease and agreement that was signed
previously.
Mrs. Gordon: Mr. Connolly, would you please, go over just one FACET of what
you said again and that was that the income from the hotel would he used
to retire the bond, ok. Then you said it was possible that the bonds would
be available for a third year pay out. Right?
Mr. Connolly: Yes.
Mrs. Gordon: But, you would recommend a twelve year pay out. Why?
Mr. Connolly: Yes,... Well, in order to be assured that we have
maximum coverage capability against the legal burden of the bond-- if the
bond is written for a thirty—year period)a legal requirement each year is
a lot less than what we project as being the income to the City. So it's.
acuallv it's an extra safety coverage that the City gets.
Mrs. Gordon; Except there is no income to the City because you will be
utilizing.. Did you say you would be utilizing all the income?
Mayor Ferro: Yes, but see, but that doesn't include the base rent and all
those things which have to be paid. I think, I think,.. correct me if I'm
wrong, we could do this on a ten-year pay out. The problem with that is,,,
Mrs. Gordon; No, I meant a longer period, not a shorter period,
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Mott Fette: Well, I don't think you can get any body to give you a bond
beydfid thirty years.
Mts. Gordon: No, no, no, I understood him to say it would tetite it ih
twelve years.
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Mrs. Gordon: No, that's not the point, Maurice.
mom
Mayor Ferre: Well, I think we are going to have the money to do it, you see,
and it's in our interest to retire those bonds as quickly as possible, because...
Mts. Gordon: Why, because you figure you will pay less interest?...
Mayor Ferre: No, because I think you are going to end up with a much healthier
project. You see, one of the reasons why we have to go over a revenue bond
issue is because in the contract we won't be getting the University's money,
which is two and a half million dollars until we give them the Conference
Center.
Mayor Ferre: Well, wait a minute, let me finish. And number two, from
Worsham we are going to get five million plus four hundred thousand now
or whatever it is... three.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: So, that's five million three, so right there we have eight
million dollars that's coming in and I think we need to have the ability to
use that to prepay and then make the outstanding bond much smaller.
Mrs. Gordon: I'm not talking about that, Maurice. I'm not talking about
the eight million, I understand that will reduce the initial indebtedness
of the construction bond.
Mr. Connolly: I think I understand what you are talking about, Rose.
Mrs. Gordon: I'm talking about the long term dollar, you know, it's worth
leas, but we finance it for a long period of time and we pay out less per
year, but we have some income coming in.
Mayor Ferre: Yes.
Mr. Connolly: If we had a thirty year bond, alright, let's say that the
burden upon the City would be something like $700,000 a yearland we are
collecting 1.2 million, the concern really is, well, suppose we have
a year when we only have 1.0 million available or $800,000 available, but because
it's a longer term note, you are fairly assured you are going to be able to
cover it...
Mrs. Gordon: Certainly.
Mr. Connolly:..on the other hand it gives you the ability in any given year to
take the money and use it for a special event of the Convention Center or
for some other purposes.
'Mrs. Gordon: That's what I...
Mr. Connolly:..so, those options are available on a year to year basis
the Commission.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Connolly: Or go for early retirement, either oue.
for
Mrs. Gordon: Oh, I see, 1 see you are not trying yourself to the twelve year
then, you are just saying you could do it on a twelve year..,
Mayor Ferre: Oh, yes. Oh, sure.
Mr. Connolly: Yes, Ma'am.
Mrs. Gordon: Oh, ok.
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Mts. Gordon: Well, that's ok, I'm sorry T misunderstood your po ht because
we didn't converse about this prior to this 'morning, you and I, t understand
you did with some of the other Commissioners,
Mt. .Connolly: Yes.
Mts. Gordon: But, I feel it incumbent
so I fully understand your intent.
Rev. (;ibson: Mr. Mayor?
Mayor Ferre: Father Gibson,
Rev, Gibson: The part you raised,
banking institution, you know?
Mr. Connolly: Yes.
Rev. Gibson: That isn't to be decided this
Mr. Connolly: No, it's, not.
Rev. Gibson i.. the recommendation is that the Manager
Mr. Connolly: That's correct.
Rev. Gibson: I would hope, I would hope, that all of the banking institutions
in this City be contacted and he given an opportunity. One of the things that
keeps bothering me here is, you know, we aren't talking with these folks here
and they've got to pay the bills in New York and Atlanta and Chicago, you know
what I mean? Get allthe goodies. So, I want to make sure and put that on
the table before we get going and I want some proof, I do, speaking for nobody
else., I. want some proof that all the lending institutions, if not all, a
majority of them have been contacted. Now, whether they want to buy in is
not my business. My business is that 1 make it available to them. Ok? Not
one, not two.
Mr. Plummer: Father you only want that proof if it is not a local lending
institution, we hope we don't have....
Rev. Gibson: Well, T would hope that we would ask all of them, a goodly
number of them. 1 don't think any one local lending institution ought to have
a corner on the market because all them have to pay taxes and that's how
we live. And certainly if you come here and don't tell me that you have
talked to these people locally and you have gone to New York and Atlanta
and Chicago, I'm going to he mad. Ok, everybody knows that from the word
"go". Plus, you want get my vote.
Mayor Ferre: Now, you are talking. Alright, where...
Mr. Grassie: 1 wonder Mr. Mayor, if you would like to have Earl Worsham
comment.
Mayor Ferre: I'm going to do that in a moment, but I want to see if there
are any more questions at this point and if not, we will be back to you
because I've got a whole series of questions, but I'll be back to you in a
moment. Mr. Worsham?
Mr, Worsham: Mr. Mayor and City Commissioners, I have no prepared speech
whatac'ever, I just would like to say that... 1 would like to congratulate
your staff which is an extremely competent staff, the consultants that you
have engaged, the University and the cooperative nature that has been
exhibited since April and trying to bring this project to Fruition. Today
is an important day, I think for the City. We have been able to put together
in access of $3O,0OO,O0O worth of private financing from sources that have
confidence in this Cite and confidence in this project. This project is unique,
possibly,a project that has never been done in this format anywhere and
blending three very separate objectives and parties together into something
that functions and works)and that is a City that has a Convention Center,
Very cotplicated and specialized facility% us with a very special Hyatt
Regency Hotel with it's requirements and aesthetic needs and the University
of Miami with their Conference Center which is probably going to be the
hoist sophisticated and best programs for continuing education in the United
States. I have seen a number of Conference Centers and this is one of the
best that I have ever seen planned. Other than that, if there are any questions
concerning the requirements of Mass Mutual and so forth, that I could amplify
on, I would be happy to do so. I'.,, in the position where we are ready to go
forward with the private sector portion of the development.
Mayor Ferre: Alright, thank you, Mr. Worsham.
Mr. Worsham: Thank you.
Mayor Ferre: Alright, at this time we have D. Henry King Stanford, and
members of the Board of Trustee, the Chairman and a distinguished member and
we also have Mr. Alvah Chapman who of course, has been a guiding force and
an interested party in all of this. So at this time Dr. Stanford, I would
like to recognize you and then Mr. wishes to address the
Commission and Mr. Chapman and Mr.
Mr. Stanford: Mr. Mayor and members of the Commission, I have expressed to you
on other occasions the enthusiasm which the University of Miami has sincerely
felt over this potential cooperation between the City and the University in
the development and operation of a Convention Conference Center, the City
of Miami University of Miami James t. Knight International Center, so I will
not spend much time repeating our enthusiasm and even gratitude for the
splendid cooperation that is resulting from the efforts and I add too our
appreciation for the way the development has come in and sensed the objectives
of our joint project from the beginning. We were told on Monday afternoon
that Amendment #1 to the lease and = gree:nent for project development would
be before you today. Now, we recognize the time constraints and when I say
that we have not had an opportunity to review this carefully I do not mean
to cast a negative note upon the deliberations today. Our Executive Committee
which has the authority to approve any arrangement involving the University
will not be meeting until October 16th, but I'm assured by Mr. Crumpton and
by the developer,Mr. Worsham, that the rights of the University which were
in an agreement between the University and the City of April 1, 1977
had not been abridged and,therefore,we believe that the Executive Committee
when it does meet%on October 16thiwould have no reservations about this.
Again, I repeatyjust for the record that our assurances are that the rights of
the University in the agreement of April 1, 1977 between the University and
the City are maintained in the amendment and we are enthusiastic about the
prospects. And the only question left is, when will ground be broken? Thank
you.
Mayor Ferre: Thank you, Dr. Stanford. Mr. ?
, Mr. Mayor and Members of the Commission, I merely want to
pay tribute tothe leadership which you and the members of this Commission
have given to this very worthwhile project. On behalf of the Board,1
extend to you our very sincere thanks. We feel that this project will
undoubtedly by one of the most forward steps taken in this community in
.many, many years and we are very grateful to each and everyone of you.
Thank you.
Mayor Ferre: Mr. Chapman?
Mr. Alvah Chapman: Good morning Mr. Mayor and members of the Commission, and
ladies and gentlemen. The New World Center Action Committee of which I'm
Co-chairman with Ray Gocd has been working very closely with the City Administration
and with the University of Miami on this project and it isias you know, the
centerpiece of whole New World Center concept. We have been very much
supportive of this from the beginning. When these latest amendments came
to our attention, we operate as a New World Center Committee with twelve
subcommittees and we have a special subcommittee .jointly chaired by Harold
Walker and Lew Fisher to work closely with the City Administration on this
project. That group met on Tuesdayicare`ully considered the various amendments
that are proposed to the contract, eeesider d the method of financing and I'm
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here td report to you that they feel it's soundly conceived and that the
fiilehcing alternatives really are the only alternatives available and should
be given your favorable consideration. Like President Stanford of the
University of Miami, I'm happy that we are here on this day because of the
importance of this project to the tremendous revitalization efforts that ate
going on in this City which has received now nation-wide attention and interest:
1 would urge that every step he taken to he sure that no further delays ate
encountered by any of us before we get to that even happier day which is
named ground breaking day. Thank yo►►.
Mayor Ferre: Alright, Mr. Chapman, thank you. Alright,
are there any questions from members of the Commission?
Mr. Plummer: To Mr. Chapman, to Dr. Stanford, to Mr. Worsham, Mr. Grasse
Mr, Connolly, I only concurred and agreed to this lease this morning predicated
on that the ground breaking would be no later than my birthday December 3rd,
more significantly is,that I have a bet with Chris Dundy of one case of his
fine Italian wine who he says will not do it and I've told them that I don't
expect to lose a case of fine Italian wine.
(BACKGROUND CO? TENT OFF THE PUBLIC RECORD)
Mr. Plummer: This year is correct. I don't have any more birthdays, after
my 40th...
Mayor Ferre: Well, actually Plummer, celebrates his -birthday every two neat'
so I don't... Ts this the year that you celebrate your birthday?
•
Mr. Plummer: I don't even have birthdays Mr. Mayor, I will have this year-.
the .second anniversary of my 40th year.
Mayor Ferre: Alright, are there any further comments, questions, discussions.
if not what we need is a motion in intent.
Mr. Plummer: Mr. Mayor?
Mrs. Cordon: I would like to move it Mr.
Mr. Plummer: Ok, fine, Rose.
Mayor Ferre: Mrs. Gordon moves,...
Mrs. Gordon: 1 will be a pleasure to move i
Mr. Plummer: Then I will second it or Father.
Mayor Ferre: Alright, further discussion,...
Mr. Plummer: Under discussion, Mr. Mayor, I would like to congratulate,hecause
we always are quick to condemn the Administration. I personally am pleased
that Mr. Worsham, Mr. Connolly, Mr. Crumpton, have taken the time to come
around to every Commissioner,discuss these amendments and this agreement
here and allowed me -and I'm sure other members of the Commission -of areas of
concern, to go into them in depth so that we did not have to take the time here
at a public hearing and to work the areas of concern out or to alleviate
any concern that might further exist. And I think this is the kind of thing
that we should remember in the future, that this kind of a workable situation
is to the advantage of everyone and as such I would like to congratulate
all of those parties involved.
Mayor Ferre: Alright, any further questions? Alright, Mr. Connolly, if you
would step forward and perhaps Mr. Worsham, if you get a little closer because
you may need to answer some of these things. First of all on the record
Mr. Crassie, you have read the amendments personally?
Mr, Crassie: Yes, sir.
Mayer Ferre: And the staff has gone through this, Mr. Connolly and.others?
and you are in full concurrence wi.th the approval.
Mr, Crassie: Yes, the staff is recommending the anendmen s to the City em1(mission,
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Mayor Ferret Mr. Knox, as to legal contents, have you read this document?
Mt. Knox: Yes, sir.
Mayor Ferre: And do
Mr. Knox: Yes, sir.
Mayor Ferre: And you have no reservations legally on it/.
Mr. Knox: No, sir.
you approve of it?
Mayor Ferre: Ok. Now, a couple of questions and then a cot -merit. With
regards to the insurance I have no problem at all with that, With regard
to the professional management of the Convention Center? I would just for
the record like to point out because sometimes we in this community have a
problem and that's due to our youth, of being inconsistent, that there is
very little philisophical difference in what we are about to do here and
what we are about to do in other places such as Watson Island. and the Marina
in Dinner Key. I find it inconsistent in some sectors of this community)
we have severe criticism on what is the pattern in American Government now
of joint ventures of private and public sector and it is that criticism is
applicable to Watson Islandifor example, or to the Dinner Key Marina and is
not applicable to this project. Now, if it's good in one, it is good in
the other Now, I believe as a philisophical principle —you may be against
this specific project, that's different but I happen to believe very strongly
in the premise that the only way urban areas that are depressed in this
Country are going to get off the ground is when the public sector joins
hands with the private sector in proper type of developments. The City of
Miami has no business being in the hotel business because we know nothing
about hotels$or convention centers,or things of this nature which are better
runned by people that are professionally capable of doing that. We have no
understanding of amusement parks, we have no understanding of how to run
marinas and the fact that we would create a public trust or a development
authority or an authority is not the answer because if that were the case,
then that's what we would do with all our facilities. So, I also reject the
premise that dealing with the private sector is an abrogation, or that it is a
not only a giving of responsibility, but an abdication, the City of Miami
is not abdicating it's responsibility in this particular project. We have
guidelines and controls and approvals, we appoint committees, we approve
budgets and it is also applicable to Watson Island and the Dinner Key Marina.
Now, with regards... I want to make sure that this Commission is fully aware
that we have}or we will when we vote, that the professional management of this
Convention Center is not going to be in the hands of the City of Miami and
I accept that because I think we can hire people to do a much better job
as long as we have the right to kick them out and that we have the right.
Is that correct, Mr. Connolly?
Mr. Connolly: Yes, sir.
Mayor Ferre: I just want to put that on the record. Now, with regards to
the project itself and the garage. We have before us,and Colonel Wilson
gave to Grassie and myself when we went to visit him on Tuesday, a copy of
the consultant's report on the garage. I command that you read it very
carefully. I am somewhat concerned and I'm going to reserve the right later
on,Mr. Worsham and I would like to see you if I could some time next week
on page 12,in the first paragraphot the top of the sentence where it says
"City shall not undertake any project, unless the City shall provide simultaneous
additional parking facilities". I understand that and I want to make sure
that that does not in any way conflict with our next project which is the
World Trade Center. And I want to make sure that we are not in any way
creating problems with the requirements of Mass Mutual that later on will
plague us. I might say that I saw this document for the first time this
morning when Charlie Crumpton gave it to me. You and I discussed some
of the implications of the 29 things that this document amends. Now, I
understand that 4 of those things are important and 25 are kind of house—
keeping items, but there is some language in here which I have seen for the
very first time within the last hour, which I'm not too sure is limited
to the housekeeping aspects of it and I'm going to vote for this, but
with the understanding that if anything after reading and discussing it
with you comes out and I would limit myself to within the next seven days,
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A Members of this Commission after reading this and studying it further
have any thoughts then we would call a Special Commission Meeting to address
those items because I thlnky and I want the record to reflect, that we are not
doing this casually, that this has been thoroughly gone over and that even
though we got the document this morning, that I'm giving members of this
Commission%as Chairman)any right to question any of these things in the
next seven days, oktand that means through next Thursday,and I would like to
make that part of a motion if you would. J. L., you made that motion. Now,
with regard to the added space and the cost of 1.2 million dollars, I assume
that the additional cost that we are bearing, on the record Mr. Grassie, is
such that you think it is worth the City of Miami investing that additional
money and that we will get a return on that investment which will justify our
additional investment?
Mr. Grassie: I think there are two considerations that the City Commission
needs to keep in mind in that regard, Mr. Mayor. One is that with a hotel
twice as large as we had initially anticipated, there is a requirement for
additional supporting space. Now, as part of this investmentythe City will
end up with nine additional meeting rooms which, of course, will represent direct
return because they are rented rooms, direct return to the City. But I
think even more important than thatyand I would like Mr. Hilario Candela
possibly to speak to this pointy more important than that the solution
was one which was dictated by attempting to make the project as good as
possible and meet the objectives of the City, the University and the developer.
And in that process, as you know, when you are designing a complex project -
in that process the alternatives available to the City reduce themselves
down to only one or two and T think that the architects may he able to speak
to that because what you are talking about here is not only paving for some
additional space, but also paving for space which makes it a much better
project and I think that's important for the City.
Mayor Ferro: Well, I just wanted to get that on the record. You know, we
started out with a 22 caliber gun and we are now up to a magnum elephant gun
and this is not a small project, this is the biggest project that this City
has ever undertaken and I want to make sure that we are all conscious of
all this and how this has changed as we vote on it. My next... into the
record Mr. Worsham, and 1 just wanted to point out to you that before next
Thursday these are the things that I really would like to sit down and
discuss with you. There is n question here with regards to taxes to he
paid. In the ..it says any taxes which are levied" of course, some
of these taxes will be levied by the City of Miami and some may be levied
by the School Board or the State or other governmental agencies that we
don't have anything to do with. Now, T don't mean to rock the boat at this
point, but I just want to make sure that we understand each other because as
Mitchell Wolfson told me the other day when I visited with him and... we got to
be very careful that we don't get ourselves into a posture, and this is
constructive and I don't mean to critcize Dan Paul, but we have people in
this community who are super activist in protecting the welfare of the
public domain, like the very distinguished attorney Dan Paul, now, it what we
structure here Is something which given an advantage to the private sector
who is to compete with the public sector, ok, I mean the public sector that's
going to compete with the private sector, if for example, what we do is give
tax breaks that Howard Johnson's- just to cite an example- across the street
does not have1and this thing says that any taxes which is levied or raised
by the State of Florida or any governmental body which is required to be
paid by the developer and discounts which maybe granted and so on, that they
are going to be taken from the rut. Now, that I want to make sure that
we don't get ourselves into a legal bind and have a lawsuit from Dan Paul
like he is doing today on the Wometco lease?at Seaquariumland over at the
airport, that we are not giving the private sector an advantage, the government_
is conceding certain rights and therefore putting the other private sectors)
who are taxpayers and who do have to pay taxes)at a disadvantage and then
we get into a constitutional problem on that, that's one. Secondly, in
page three in section 14, the question of calculating the preformance rent)
where there shall he deducted -to determine that operating profit- a sum
of two million four fiitor four thousand and nine hundred dollars
per room is obviously what that does is that since we cannot mortgage the
property I mean, that we cannot subordinate the property, this in a way
circumvents that but it guarantees the lender and I understand the lender
has to have certain guarantees, but 1 want to make sure that... I would like
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like to go over that a little bit because that's the first time I've seen
t1obe particular matters.
Mt. Connolly: That was in the original agteement, that's the mortgage
a leasehold debt service.
Mayor Ferre: I want to go over it since now it comes out with specific
numbers which the original lease did not have, I don't think.
Mr. Connolly: No, it had the same numbers.
Mayor Ferre: The same numbers?
Mr. Connolly: Yes.
Mayor Ferre: The next question that I want to go over
on page 4 and item C, which is the minimum performance
through ten. Have those numbers changed?
Mr. Connolly: This is a matter as a result of negotiations between the
developer and Commission Plummer. Basically, it virtually doubles the base
rent the City is getting. The problem is the base rent comes above the line
and that line is at which point the capitalization of the project is determined.
Mayor Ferre: It goes above the line, does it go, for example,...
Mr. Connolly: No, this is...
with you is the question
rent from years one
Mayor Ferre:..above the two million and four hundred and fifty thousand
dollars
Mr. Connolly: The initial base rent is above the line. Commissioner Plummer's
concern was he felt that the percentage of the rent to the City in terms of
guaranteed base rent was too low. So, in negotiating with the developer that
that payment was virtually doubled by putting a guaranteed minimum performance
rent which if even if it is not paid in any given year accrues and has to be
corrected every tenth year.
Mayor Ferre: Ok.
Mr. Connolly: So, it does get above the line, it's the same quality as above
the line.
Mayor Ferre: You can't deduct taxes from that, you can't deduct the mortgage
payment?
Mr. Plummer: Heck, no.
Mr. Connolly: Mortgage payment comes first.
Mr. Plummer: Always.
Mr. Connolly: Yes, but then if they don't cure, they don't... even the
developer doesn't get any money in the tenth year until he does cure the
accrued minimum performance payment to the City.
'Mr. Plummer: Mr. Connolly, Commissioner Plummer did not negotiate with the
developer, we had a mutual understanding.
Mr. Connolly: Well, that's what negotiations are.
Mayor Ferre: With regards to the provision for fixtures4 which is item 6
on page 8) I remember when we talked earlier, we were concerned about
setting a figure and you picked a hundred thousand dollars, is that something.;
that you have gone over, Mr. Manager? On page 8, item 6, there is
a minimum thing for fixtures there.
Mr. Connolly: Yes.
Mr. Grassie: Oh, yes.
Mr. Connolly: It was determined that was a reaspnebe
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Mayor Fcffe It was determined, who determined it?
Fir, Connolly: Well, the amount of money we have in fixtures, furnishings,
and equipment is approximately a million dollars and you are talking about
Material that does have basically a ten year depreciation. In the same
respect you might want to know that the developer is furnishing a... on
our account of three hundred dollars a room which is a hundred and eighty
thousand dollars a year, so... and it is a reasonable figure.
Mayor Ferre: Ok, I have no further questions. T just in closing want to go
on record saying that this has been reviewed not only by the negotiating
committee and capable leadership of Mr. Connolly, but the Manager and the City
Attorney and the Chamber of Commerce) tor. Albert Chapman has told us here
that one of the twelve subcommittee of the New World Center Action Committee
has gone over this amendment and has approved the amendment as being in the
best interest of the City and the community and citizens of this community
and that it is a good business deal because... Now, it is not our task here)
at the Citv)to determine whether or not this makes good business sense, so
1 think the input of qualified businessmen from the Chamber is an important
factor for us to rely on their judgement as we vote on this.
Mr. Chapman: Manor, may T address the Commission?
Mayor Ferre: Please.
Mr. Chapman: The subcommittee met on Tuesday morning and it's my understanding
that this document amendment i1 was not prepared until last evening...
Mayor Ferre: Oh.
Mr. Chapman: .., while they considered the basics in an earlier document
which I understand are substantially like this one, they did not have the
opportunity to do this because as T understand it, it was not available until
last night and our cornrnitte did meet on Tuesday.
Mayor Ferre: Alright, Mr. Chapman, then I would like to do the following
with you in the interest of moving the project along, we are going to call
the vote in a moment, I would extend to the Chamber of Commerce through you
the same courtesy that we have for ourselves, if you have any objections
or put it in reverse, we asssume that you approve and recommend this document
unless we hear from you by Thursday. If there are any problems that you have
between now and next Thursday, a week from today, I will call a Special
Commission Meeting to address it.
Mr. Chapman: Thank you, Mr. Mayor, we will review this actual document between
now and next Thursday.
Mayor Ferre: Actually, 1 would like to have it in writing if you do approve
it, so that... if you would send it to the Manager, I would like for the
Clerk to put that into the record so that we have that as part of the parcel.
Mr. Plummer: Mr. Mayor, may I also put one comment into the record since
it finally was identified that I was the culprit in a mutual understanding with
the developer of getting them to double the minimum return to the City. My
area of concern there was the City's operation of the Convention Complex
which will he our responsibility and financial liability. In doing the
discussion,it was developed that this figure which is the doubling of the
original figure will very well come close to what the City will be obligating
itself for in the operation of the Convention Center and my concern had to
be that we could he in a position of having to subsidize. I think by doubling
this minimum guarantee to this City we don't have the great concern of
subsidy that we would have. 1 don't... I hope,and I'm sure the developer
as well as this Commission, that that minimum never comes into play because
we hope that they will do so well that we don't have to worry about it.
But the bottom Inciwas and the reason contracts are written is for the
bad times and if it is, I want this City protected so that tax dollars do
not have to go into the operation of that facility and that was the reason
that I was do hard nosed on that particular point of raising the minimum
return to thin ;ity from two hundred thousand to four hundred thousand, I
just wanted that on the record.
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Mrs Wotshaft: Mr. Mayor?
Mayas Fevre: Further discussion? We ate about to vote,
Mr. Worsham: May I make a quick statement? In response to one iteth that you
mentioned and that is the payment of real estate taxes and other takes, let
me assure you that we1from the very beginning,have always anticipated paying
our full and fair share of taxes. The second item that I do want to make
you aware of is that I hope that this resolution, that you are passing
is not conditioned upon a modification or changes that may come to pass
other than the modification of certain language, as far as the intent of the
document, I'm in hopes that the resolution says,or is saving,that these items
are being adopted by the City Commission and the reason for that is that this
afternoon I have to put up two hundred and sixty thousand additional dollars
to secure the Mass Mutual twenty-six million dollar commitment and in addition
to the two hundred and sixty thousand dollars that I already have up. Once
I have put up that money this afternoon7l am irrevocably obligated to Massachusetts
Mutual for five hundred and twenty thousand dollars. And consequently if
any substantive modifications to this document came to pass, it could cause
a problem.
Mr. Plummer: What you are really saying is, you would like to have some
sleep between now and next Friday.
Mr. Worsham: Yes, sir.
Mrs. Gordon: I can only speak for myself of moving the motion that I have
no fears that everything that's in here ought to remain with exception of
some minorcorrective words perhaps.
Mr. Worsham: Yes, that's all I'm... I'm willing to,you know, modify language,
the concepts do need to stay the same.
Mrs. Gordon: Well, as far as I'm concerned,one person.
Mayor Ferre: Mr. Chapman, I hate to do this to you, but you represent the
Chamber of Commerce here this morning and in effect what Mr. Worsham is
asking us to do is to go on record irrevocably, in a way, voting on this
document which none of us has seen, I saw it the first time this morning
at 8:30 when Mr. Crumpton gave it to me. I assumed that it answers most of
the questions. Now, I don't want to create problems for Mr. Worsham, on the
other hand I want to remind the Commission that we are talking about millions
and millions of dollars, the single most important project that this City
has ever done and we are asked now to vote on this irrevocably this morning.
Now, and of course, if we do what Mr. Worsham is asking?which I understand
and there is no going back, I mean, there is no use calling any meetings
between now and Thursday if you have any doubts about anything in here.
Mrs. Gordon: My I ask you, sir...
Mayor Ferre: So, I would like your response on that and I hate to put you
on the spot like that, but I want to make sure that we have community...
Mrs. Gordon: Question Mr. Mayor, along the lines of what you are asking is
simply this, although this document in it's completed form was given to
us this morning, I asked a question of Mr. Crumpton, what substantial
changes amending the intent are there? And he said " none, just the ones that
were enumerated by Mr. Connolly. Am I correct?
Mr. Crumpton: That's correct.
Mayor Ferre: The problem with that.,.
Mrs. Gordon:.., and I'll have to take the word of those people we are paying
pretty good high priced salaries to represent the City in negotiations,
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
Is that applicable in everything, Mrs, Gordon?
Well, yes, it does in this case, anyhow, because this is,.,
Now, is it applicable in every other thing?
16
totdon. I'm only speaking for today on this occasiot and
Mayor Ferro: Alright, well, let me.
Mt. Crompton: Mr. Mayor, may I clarify one point.:,
Mayor Ferro: No, let me respond to that so we make sure we understand each
other. There are twenty-nine changes in this program, of which four are of
substance and twenty-five are supposedly non -substantial. I want you to know
that's Mr. Crumpton's opinion. My opinion is that in the twenty-five items
that we are going to vote upon that are non -substantial, there is at least
ten of them that are extremely substantial. Now, I know about them and I'm
willing to vote for them and I have already told Mr. Worsham and Crumpton
that 1 have no problems; however, we have a document which I got at 8:30
and we are going to vote on this thing and we are asking Mr. Chapman, I'm
going to ask him to go on record, because we are not going to assume
this responsibility alore, you know. Now,...
Mr. Plummer: Mr. Mayor?
Mayor Ferre: ... if you are telling me you think that that's a good,way,to
go, I would like for you to say that and then we will call the vote.
Mr. Plummer: will hold you to it the rest of your life. Mr. Mayor,
may T offer the bestlif possible of both worlds? Mr. Worsham's, commitment
is actually in fact October 1, correct?
Mr. Worsham: No, sir, it actually expires tomorrow afternoon.
'1r. Plummer: What time?
Worsham: 5 o'clock.
Mr. Plummer: Alright, Mr. Mayor, why don't we give... 1'rn sure Mr.
could call a meeting of that Committee maybe tomorrow morning, give
the opportunity to go over it tomorrow morning, that will give this
likewise additional time if they request...
Mayor Ferre: Ok, that's a good...
Mr. Plummer: ... and set a deadline of tomorrow at noon..',
Mayor Ferro: Yes.
Mr. Plummer:
passed.
mean, if you are going to set such meeting for tom'ro+
Mayor Ferre: No, no,no,
Mr. Plummer: Only if there is objections, Rose,but
objections,
Mayor Ferro:
No, no, no, in other words rather than a week,we put 24 hours.
Mrs. Gordon: I'm just trying to notify the Mayor, I'm not going to be in
town tomorrow and I just want it on the record right now.
Mayor Ferre: Well, we are going to go on the record right now, Rose, that's
not the point. The point is that since the commitment runs out tomorrow)
and I think what J. L. is saying is if we vote on it today, which I'm willing
to do) Charlie, I'll recognize you in a moment, don't worry- and if we vote
on it now and then if there are any objections, we would have twenty-four
hours to then review this document and I would ask that you call your committee
into sessionlor subcommitteetand have them look at it and make sure that
there is no disagreements. Let me recognize Charlie and the University, of
course. Charlie?
Mr. Crumpton; Well, let me clarify it for you. This particular document
17
that you saying everybody received this morning, I go
7 o'clock...
Mayor Fetre: Well, that's fine.
Mt. Ctumpton: ... 8 o'clock,which is not to bay that this is the first tine
any of us has ever seen it because it happens to be the document, basic
document that was in the agenda kit, everyone that went to the committee
of the Chamber that went to the University staff t waa a natter of talking
with everyone in a short period of time and changing words here and wotds
there, and we are getting in the words that say that the University, our agreement
between the University and the City is incorporated into this document and
the developer agrees with it.
Mayor Ferre: Is that so?
Mt. Crumpton: It's all
been there and has been
University staff,is the
item is not "brand new".
of these
reviewed
document
kinds of
by their
that was
Mayor Ferre: Mr. Crumpton? Mr. Crumpton?
things) the basic document has
committee it's been reviewed by the
in your kit, so that really,this
Mrs. Gordon: You are talking only of the amendment section
neither new or changed in anyway.
Mr. Crumpton: Oh, yes, that's the amendment on the...
Mayor Ferre: Mr. Crumpton, have you heard of Richard .Friedman? ,`Remember:
what Richard Friedman did to this community? We almost lost Rapid Transit.
Mr. Crumpton: Fine, I'm...
Mayor Ferre: Mr. Crumpton, do you know how Dan Paul... do you know what
Dan Paul is doing right now with regards to Watson Island and the Dinner
projects?
Mr. Crumpton: Fine.
Mayor Ferre: You know, that he is thinking about representing Mr. Sakolski
in a lawsuit to stop all of these so-called waterfront improvements? Now,
what makes you think that we are going to avoid that kind of a problem and
I want to put on the record if you will- just listen to me for a second, I'm
not in anyway trying to create problems, my God, this is my pride and joy,
this is my number one project. I want to put into the record that this
Commission has deliberated on this very thoroughly, that the business community
has agreed to it, that we don't get documents, it was stated on the record
this morning which is what concerned me, that we got this at 8:30 in the
morning. Now, would you tell me what you think Judge Woodworth or Judge
Siegendorf is going to say in the way that... and I mentioned those two judges
because they have dealt with the City of Miami cases, the one with the
Orange Bowl and the other one with the labor negotiations and you know what the
results of those hearings were. Now, you tell me what's going to happen
when a Richard Friedman or somebody comes up before the court and makes an
argument saying that this document here is the transcript of what was said
this morning. I want to make sure on the record.that all these questions
have been asked, that we are going into this thing fully aware of what we
are doing, that we have discussed this as far as it can be discussed, that
everybody has plenty of time to approve it and that the Chamber of Commerce
has looked at it and Dr. Stanford, and we are voting on it with our eyes
wide open and fully aware of what we are doing7and that's all I'm trying
to do here.
Mr. Crumpton: And all I'm saying is and on the record, is that the document
that we have this morning is not ipso facto brand new.
Mayor Ferre: Ok, Dr. Stanford, do you want to address anything?
Dr. Stanford: I was just going to say Mr. Mayor and members of the Commission
that the courtesy you extended to Mr. Chapman and his group would also be
TU
SEP 2 K 1c o
egthtded to the University. a
Mayot Ferre: Of course.
br. Stanford: I don't have any idea that there would be any quarrel taken
by the University's staff of any of these matters. I'm certainly enthusiastically
Willing to accept Mr. Crumpton's assurance that it's not a new document, but
we will review inasmuch as there is now, T believe1twenty-four hours in
which to do it.
Mayor Ferro: Alright, first thing. Well, that's fine and the difference,
of course, is that our actions are not binding on you and they are certainly
not binding on the Chamber of Commerce. They are binding on the City of Miami
and even though I'm not an attorney, 1 think that's, you know, what we are
doing here is going to be legally binding once we take this vote and I want to
be fully aware of that. Now, let me see if I can recap where we are. We are
going to vote now and it's been amended by Mr. Plummer and I assume Rose
has accepted it.
UNIDENTIFIED SPEAKER: Is that here?
Mr. Connolly:
If you refer to item 33 and'34 which are really this
afternoon, that's the resolution and the motion for the financing.
Mayor Ferre: Yes, but what we are doing...
Mr. Connolly.
...and amend that with the conditions, I think that...
Mayor Ferro: The amendment is that this Commission will have twenty-four
hours in which to look at this new document that was presented at 8:30 this
morninglentitled amendment il1,and that if nobody has any objections to it
it will be in effect in twenty-four hours. if there is an objection>then
we will cal] a special Commission Meeting for that purpose.
Mr. Plummer: Set the deadline for tomorrow.
Mayor Ferre: Ok? And that satisfvs everybody. I...
Mrs. Gordon: Mr. Mayor, question to you. Since this is not a final action
this morning, but to be completed this afternoon in our regular agendayand
since we do allow ourselves a two-hour luncheon break, it appears to me
that we could scan this very carefully and that- I could anyway in two hours -
and tell you whether or not I find any flaws that need to be amended. I
mean you are not going to change the whole concept of the contract, if you are
then you are going back to the bargaining table and you are going to start over
from scratch, you's want to get a new commitment, but that's my feeling about it
don't think that we need a delay beyond this afternoon's agenda.
Mayor Ferre: I have thought about this Rose, and I just, you know, you can vote
anyway you want, but I don't accept that.
Mr. Plummer: Well, Mr. Mayor, that's fine for us and I agree with Rose, that
we could do it doing the two hours, but I think to afford the courtesy to the
Chamber and to the University, they can't do it during a two-hour lunch break,
and as such, I think we should extend it until noon tomorrow and make it
final noon tomorrow, unless there is an objection.
Mayor Ferre: Mr. Chapman, do you have any comments?
Mr. Chapman: Mr. Mayor, one reason Mr. Harold Walker,who is the Co-chairman
of our committee on the Covention Center Project,is not here this morning
and he's out of town and you are talking about a decision to get this group
together and to act by noon tomorrow. Now, it could well be that neither
the Subcommittee Chairman or the Co-chairman is available or perhaps not
even enough of the Committee members. I would have ascertain how many of them
I can get, I can determine that in a fairly short time after I leave
here as to their availability. We are perfectly willing to give it the
highest possible priority if we can get our people in to sit down on it. Now,
what they did do on Tuesday, they did meet with the City's staff, they
meet in Committee Session, they did review the substantive points of all this
but they have not seen this document andllice you, I've only seen it this
ttorriingi it was handed to the when I came in here, so I can get them together
At the earliest possible moment. to. find out 'froi Mr: Worsham
if there is anyway he can give h�; i cr- itzi't�Rgseyv '-,days L o ha + the "University
of Miami and the City Corniss,i,r ar c ou �Co`r i `'tie � could thoroughly go -,into it.
Mt. Worsham: Mr. fhapmian, the answers uhforturiately "no" However, 1Akin
want you to think, or the cornmun%ty .°,thinkgor..'the' Commission to think in `any
way'that by virtue of a'document' b� i4g<=.ut,`.into your hands this :corning, as
Mr. Crumpton said, -the document that wa,so"put in your hands this 'morning -is`'
eteiy an update, to include, .certain ,meOlf_ications that were requested by
Certain of
documentthatewasmreviewedrby your,,University,
ev
Subcoirritteeandthisr document,foThe
all
intents and purposes7afe ekactly the same,,so you could take the document
that your committee reviewed? now; i'.. certain that there are some people
on your committee "rc. Chapman, that could, take those two documents read them
side by side. and`you will see,the,expiicit lan=guage that is changed from the
document that you have already°recommended to,this Commission. There are
approximately six changes and youohave one document in your hands, we can give
you this other one underlined paragraph such°and such is changed, paragraph
such and such is change 0Now, if you have any problems with any of those
paragraphsiand,believe me, none of tera are 'substantive modifications that
would affect....<they are acceptable to us and they are acceptable to Massa
Mutual and'I think that they,; are acceptable, they are acceptable to the City
Commission and,the University. Sc, it would be a very quick process and I
could sit down with you in fifteen minutes and go over it.
Mr. Chapman: Mr. Worsham, may I ask you a question?
' Mr. Worsham: `, Yes, sir.
Mr. Chapman:; Is that alright, Mr. Mayor? As I understand you have
financial commitment from Mass. Mutual?%
c
0
Mr. Worsham: Yes, sir.
0
Mr. Chapman: And that commitment will expire tomorrow?
Mr. Worsham:
Yes,
sir.
Mr. Chapman: You canobtain that commitment by putting up an additional
two hundred and sixty thousand dollars. Are youctelling us that you are
unwilling to do that under the present state of thisagreement and stive the
individuals here seven days to negotThte the fine points? Are you saying
that you would walk away from this project and not put up the two hundred
and sixty thousand dollars in°order to insure that? As I understand it the
only thing required for you to get the funding, is for you put up the additional
money.
0
0
Mr. Worsham: Mr. Chapman, the financial market,as you are well aware, has
materially changed. We have gotten one extension as a result of the City
Commission being out during the month of August, if you recall, so we could
not be here. We have had one extension which is the maximum extension that
Mass. Mutual is allowed to give us under the terms and conditions of.our
commitment which are very, very favorable at this time. We have explicitly
been told by Mass Mutual, that they like this project, they will make financing
available to us on this project, but if we have to go back to Committee and
explicitly this has been stated, that we must go back to the Committee at
Springfield?to renegotiate this commitment and I will assure you that it will
impact the cost of this project to the private developer which ultimately
impacts the cost to the City Commission because the City is participating
20% in our profits and the interest rate, Mr. Chapman, will go up by at least one
half of one percentage point per annum,and it's a very substantial change.
Mayor Terre: Mr. Worsham?
Mr. Worsham: I think my point is this, are the two things that have to be
done to assure the commitment one, you are putting up the two hundred and
sixty thousand dollars and two, furnishing a document indicating agreement. Do
you have to have both or is it simply that you can put up the money and the
20
•
1
•
■
•
agteement can come later?
Mt. Chapman: Noo I have to have both.
Mt, Worsham: You cannot bind it by simply afire°
You must have in effect agreement.
Mt. Chapman: Yes, sir, I have to submit an acceptance letter tomorrow afternoon
to Massachusetts Mutal saying that we have accepted the modificationsi tetms
and conditions of your commitment letter and with a check attached to it.
Mayor Ferre: Mr. Chapman, I think that at this stage, we really have to
move on it and T accept that understanding and I'm willing to do it. I am willing to
vote on this thing today to pass it in the resolution form that it's in.
This afternoon we are going to be voting on it,in items 30 or 33. I insist,
however, that this all be conditional on the fact that we have twenty-four
hours from now, in other words, by 10:30 tomorrow morning. I doubt that there
Will be anybody that will object.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Make it noon. Ok, noon tomorrow. I don't think there are going
to be any objections. But I want to make sure that on the record, we have done
everything possible and are very thorough about this. I would hope that your
Subcommittee and the Committee, at least some of the members might be able
to look at it as hest we can, we just have to work... in other words, there is an
old saying in spanish "you have to till the earth with the oxen you have".
Well, we have to till the earth with the oxen we have and these are the
circumstances that we have to deal with and we certainly don't want to
jeopardize the project and I'm perfectly willing to vote for it on those
conditions.
Mr. Chapman: We will get our Committe members together, as many of them as.
they are in town between now and tomorrow noon, providing Mr. Worshsam and
Mr. Crumpton or whoever Mr. Grassie would designate, will meet with them
to review the differences between what they saw on Tuesday morning and what's
here today.
Mayor Ferre: And would you then after that's done, would you put it in a
memorandum or letter form so that we will have that as part of the record?.
Mr. Chapman: We will communicate by tomorrow morning.
Mayor Ferre: Thank you, very much, Mr. Chapman. Further discussion on this,
if not...
Mr. Plummer: Mr. Mayor, I want to include in the record because there has
been so much discussion as to this timing and I'm usually the one that's
most vocal. Mr. Mayor, in the last seventy-two hours I have spent over five
and half hours with the developer and the City's people and I have afforded
myself the opportunity at the loss of my sleep, going over this document and
unfortunately, I guess maybe I'm the bad boy because of the six changes,
three of them were mine. But I have... I spent five and a half hours in
the last seventy-two hours going over this in discussion, so I don't want
it to say that it was just a quick glance. It wasn't.
Mayor Ferre: Yes. Well, let's... No, wait a minute because that's dangerous
now. Let the record reflect that all members of the Commission have spent
sufficient time, that they have all been contacted and have discussed it with
Mr. Worsham and with the representatives of the staff and we are awfully aware
of what we we are voting on and we have read the documents that have been
provided and discussed the project in depth. I know that they visited with
Rose, 1 know that they visited with Gibson, 1 know they visited with Reboso
and they visited with me, so we have all gone through the same process.
Mr. Plummer: Fine.
Mrs, Gordon: When I made the statement earlier that we hat 't consulted,
I was specifically referring to amendment, not the original document.
So, let the record include that as part of the record that may need to be.:
referred to at some point in time,
S.r N . !Y7:3
Mayor Perre: Alright; further d 5c xssion; if not, call the roll
The following Motion was 'introduc::d by Comrissio ter Gordon who boiled it§
adoption.
MOTION NO, 78-588
A MOTION OF INTENT TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A REVISED LEASE AND AGREEMENT WITH THE DEVELOPER
OP THE HOTEL AT THE "CITY OF MIAMI/UNIVERSITY OF MIAMI-.
,DAMES L. KNIGHT INTERNATIONAL CONVENTION CENTER; FURTHER
AUTHORIZING THE CITY ":'1.ANAGER TO DEVELOP A FINANCIAL PLAN
FOR A REVENUE FUND TO PROVIDE FUNDS REQUIRED FOR
COMPLETION OF TRF AFORESAID CENTER CONDITIONED UPON THE
MEMBERS OF THE C'ETI' COMMISSION, THE MEMBERS OF THE NEW
WORLD CENTER AC': Ir N COMMITTEE ITTEE OF THE CHAMBER OF COMMERCE,
AND REPRESENTATIVES OF THE UNIVERSITY OF MIAMI CAREFULLY
REVIEWING THE P O CSFD AMENDMENT NO. 1 TO THE AFORESAID
LEASE AND AGREEMENT FOR A PERIOD OF TWENTY FOUR (24)
LOURS (smi PERIOD ENDING ON SEPTEFBER 29, 1978 AT 12:00
o CLOCK NOON) AND TO IMMEDIATELY NOTIFY THE MAYOR AS TO
THEIR AGRE 'LENT OR LACK OF AGREEMENT WITH SUCH PROPOSED
AMENDMENT NO. 1. `BAKING THE PROVISION THAT A SPECIAL
MEETING BE CALLED IF LACK OF AGREEMENT EXISTS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
e-Mayor Manolo Reboso
Maurice A. Ferre
NOES: None.
ON ROLL CALL:
Mr. Plummer: Now, that everyone
Mayor Ferre: CYA is very important when you are dealing with $60,000,000'
and the future of the City of Miami and..
Mr. Plummer: For nine years.
Mayor Ferre:
... for ninety years and with that as a condition, I vote "yes".
Rev. Gibson: Mr. Mayor, let me say this, I saw the Today Show, one of
the few times I get a chance...
Mayor Ferre: Thank you, very much, gentlemen.
Rev. Gibson: Maybe these men ought to hear that...
Mayor Ferre: Dr. Stanford.
Rev. Gibson: ... before you leave:. A very interesting thing was that the
Mayor of Houston and the Mayor of St. Paul who represent different points
at a different location and with different reasons came up with your
philosophy, Mr. Mayor, on Today's show, that the private sector and local
government and national government need to get together and that's the only
way that you are going to effectively take care of these inner cities and
revitalize them and I thought I bitter figure that complemented the same
thing you were saying.
Mayor Ferre: Alright, what' saa.., for the goose, is sauce for the gander,
Rev. Gibson: Right.
Mayor Ferre: Thank you..
(wire
Mrs. Gordon: Well, when we talk about philosophy I guess we could
philOtophi a in many areas, but one area that I don't agree with all of yOU4
is the Marina concept being similar and the same as this hotel: l don't
consider it at all similar, Maurice and that's because we are utilizing aif
space here and that's making the most of something.
Mayor Ferre: Ok.
Mrs, Gordon: 1 don't consider the Marina in the same category.
(BACKGROUND COMMENT OFF THE PUBLIC)
5. STATUS OF DOWNTO'1:1 ARENA DEVELOPMENT
Personal Appearance: Mr. Merrill Blum
Mayor Ferre: Alright, we have item B before us now, Status of Downtown Arena
Development. Mr. Kenzie? We are now on item B and Mr. Manager who is going
to address the Commission on this?
Mr. Grassie: Mr. Mel Blum, Mr. Mayor and Members of the City Commission,
is the principal with the group which is attempting to put together a Marina
Downtown. We would like to distribute some of his material to you and he will
address; comments to the City Commission.
Mayor Ferre: Is that it?
Mr. Grassie: That's it.
Mayor Ferre: Go ahead Mel.
Mr. Blum: Ok, you have in front of you all a folder...
Mr. Plummer: Mel, excuse me for a minute. Let me preface you remarks, I
thought Mr. Grassie was going to do it. Mr. Mayor, as you know, Commissioner
Gordon and I have sat with the Manager on a committee known as the Sports
Authority Committee. Mr. Blum, has appeared before that committee on many
occasions to brim us updated and to the present posture. We felt since this
would be a project within the City of Miami, that it would be important to
the rest of the Commissioners, the other three that do not sit on that
committee, that you hear directly from the developer as we have had the opportunity
so that you would he just as well informed as we, those members of the committee,
are and that's why Mr. Blum is here this morning to bring you and the rest of the
Commission up to date.
Mr. Blum: In front of you, you will have a folder in which we have included
some information regarding the present progress of our project There is
a letter dated I believe August 1, from the primary architects
in Atlanta, in which they have conceptually approved our decision to joint —
venture the construction of our project with a local Miami Firm, Edward J.
Carrick, a firm that we think is imminently qualified to do this project.
Immediately after receiving that letter from we entered into a
conceptual letter of intent with Garricks in which we have agreed to joint.
venture the construction with him. That letter of intent is now in the process
of being turned into a firm contract, being drawn bY our attorneys and Garricks'.
In addition to that the City has seen fit to appoint Morris Kaufman to act
as the liaison between the City and our office so that we can avoid any
possible problems by letting the City know)as we go, exactly what our intention
is.
Mayor Ferre; Is Mr, Kaufman here?
Mr, Grassie: I haven't seen him.
Mr, Mum; Np, I don't believe sp,
23
SEF
Mayot Ferret Is fir kaufmaa here?
Mt. Gtassie: I don't believe so.
Mt. Blum: I would also like to state at this point ghat there is rid imy .
the world that our group would be as far along as we ate, Were it not for
the constant help and supervision of the DDA, especially Roy Kenzie. There
11 is just no way we could have gotten this far and I think all of you on the .
• Commission should be very well aware of that. There is a bumper sticker in
your envelope that says "Build a Sports Arena Downtown" and J. L., we have
extra copies if you want to put one on each hearse. There is also a schedule
that was prepared by the people who run Madison Square Garden in New York and
it shows- this schedule came out the first of June- what basketball and hockey
and entertainment are to a City like New York. The people who run Madison
ME Square Garden have put together ticket packages that are sold well in advance
MI and I think you will see as you refer to them, that I believe 75% of the
• available seats in Madison Square Garden for basketball and hockey are sold
out well in advance by the first of June. I would like at this time to thank
the City and the County, Mr. Grassie,and everybody else who has been working
along with us, looking over our shoulder, making sure we are going in the
right direction because everybody has been extremely supportive of our plan.
I'm sure as you all know, fiat w}.at we are doing as private developers is a
natural extention of the project that you have been discussing this morning.
It's within a block and a half of the Convention Center and the Hyatt.
Basically, what we are trying to do is what you are trying to do, revitalize
Downtown Miami and in our opinion that can't be done until there are people
who will come downtown, stay downtown, live downtown, eat downtown and work
downtown and the easiest way to accomplish that is to give these people
a reason to be downtown after 5 o'clock2and on Saturdays and Sundays. The
building that we envision)properi.v maintained, properly managed and run
hopefully not just for profit, but for the fans and for the City, will
do just that. We welcome yout comments, your criticisms, your help. If
we are doing the rieht thing, fine. If you feel anywhere along the line
that you can improve on what you think we are doing, we want your advice
and your help.
Mrs. Gordon: Mel, did you say you have your land tied up now?
Mr. Blum: There are a number of pieces that are involved. What's happening
now,,is that as an off -shoot of the arena itself, we have been invited to
get,tnvolved in a couple of other projects. The Arena land itself is made u
of =o pieces, one that's known as the Segal Track...
Mrs. Gordon: Yes, is that tied up?
Mr. Blum: Yes.
Mrs. Gordon: Both pieces?
Mr. Blum: We have a contract on the Segal land that calls for a closing on.
January 15th.
Mrs. Gordon: And the other one?
Mr. Blum: The other land as you know, is the Thatcher piece.
Mrs. Gordon: Yes.
Mr. Blum: And John Thatcher, who is an incredible man, because he has never
waivered once from the price that he sat with us back in February, even
though he knows how badly we need his land, has now signed a second letter
of intent with us, and that second letter which is extremely involved is
now being turned into a contract and I'm prepared at any time to turn over
that file to the City, to the Commission, so you can see exactly how we are
progressing.
Mrs. Gordon: is that a lease ag "ce Meet with him or a purchase?
Mr. Blum: Basically, what we are doing. the Thatcher land as being divided
into three pieces. One of which, in the t iddle.,we will buy and swap for another
piece of land. There are two other pieces that will be done under a ninety••
nine year ground lease with Mr. Thatcher,
Mrs. Gordon: Interesting.
N ..
.1.
Mf, Blum: He as you know.., you kilow, that ttact Mtsi Gdrd
can appreciate the problems that we have had.
Mts. Gordon: I do.
Mf. Blum: But, again, John Thatcher has just been incredible, he has nevet'
once tried to get another dollar from us'andias a matter of fact, it's been;
a delightful experience. It's not a buyer and seller.., we are two people
who are trying to accomplish the same thing.
Mayor Ferre: That's fine. Now, my congratulations. Now, l d
misunderstand what I'm going to say in a moment,...
Mr. Blum: Go ahead.
Mayor Ferre: ... but, the City of Miami has as one of the primary projects,
when we started in this whole thing, you know, I started saying five years ago
that we were going to build Interama, but that we were going to build it in
Downtown Miami and we are on our way with Watson Island and the Convention
Conference Center and other things that we are doing. What you are
doing now is a very important and a very integral part of that.
Mr. Blum: I know.
Mayor Ferre: Now, we have some time constraints in all of this and the City
of. Miami)and I'm sure 1 speak for the Commission and everyhodyywants to you
know, walk that extra mile and do everything possible to assist you. We doj
however, have to play some time constraints in the sense that if you don't
do it, then we have got to find alternative ways of getting this accomplished.
I hope that you can do it, we are 100Z supportive.
Mr. Blum: We will do it.
Mayor Ferre: I would like very much in this whole process for Roy Kenzie
and for, I guess Dick Fosmoen- is it- in your staff, Mr. Manager?, to be fully
appraised and I really would like for them... you don't have to do this, but
you have been generous enough to say that you will be happy to make available -
not to us, I don't want to see it- but to them these contracts, so that they
will take into consideration, and I'm not in any way implying that should
anything- God forbid- happen to you or you decide to go to Hawaii...
Mr. Blum: Not quickly.
Mayor Ferre: ... you know, or something like that we will know what's
going on so that if there needs to be continuity somewhere along the line
that we can- I'm not saying that you are going to, but if that you decide
not to proceed with the project, that we will have the advantage of what you
have done and that we are keeping the public purpose in mind. Roy Kenzie?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Ok, very good.
Mr. Blum: In answer to that, Mr. Mayor, we will go ahead with the project
and we will complete it, but we have no objections to keeping the City and
the County and Mr. Kenzie apprised of what we are doing, as we do it.
Mayor Ferre: Alright, the second part and I want Rose to hear this because
she asked me about the garage.
Mr. Blum: Which garage is that?
Mayor Ferre: Now, I'm going to address that,
Mr, Blum: Ok.
Mayor Ferre: Colonel Wilson feels very strongly that on the site where
the garage is to go, that we proceed with putting nothing but a garage there,
Now, we can put up either a 749-place garage or a 1000..place garage. If
we put a 749»place garage...
Mr. Plummer: Mr. Mayor, please, for the record I think you had better
correct your statement because you could be getting a problem for the City.
For the record, that is a 999-car garag� h
F..li SEF
1.00
Mt, Plummer: 749...
i
s
Mr, Plummer: Yes.
MI
Mayor Ferre: Mr. Plummer, it doesn't matter
Mt. Plummer: Ok.
Mayor Ferre: ... the point is still the same, if it's 999 or 749. If it's
749 I think we should proceed with 749. However, it would be criminal. If it's
a matter of two more floor not to go for the full 999 or a 1000. Therefore,
since the foundation cost is not that much more to provide for the additional
two floors. If we are not going to have anything but an office... I mean, but
a parking garage there, that we then start immediately the procedure of applying
to build 999 or a 1000. We take the permit out and we only build 749, that
we can do without any problems, but that we provide the foundation and go to
the environmental impact study and to get the additional 250 parking spaces.
Alright, now the reason I bring all this up at this point, is because that
is going to impact on what you do and it also impacts on what Burdines who has
now assembled a very important piece of property right next to this parking
garage and right across the expre.ssvay from where you are going to be)and I
think it's important that we start thinking in a general plan of what that
whole area is going to be. Now, if we are going to have the Convention Center
at one end,and the Coliseum or the. Sports Arena at the other endtand we are
goint to have a garage in the other end of the triangle, that we start thinking
about what happens in between, you know. I'm sorry that the Miami Herald made
me back off of being stiffer on that Bauder College thing, I was right, we
should have stuck to our guns...
Mayor Ferre: ... you have to go for the enVirotMet tal impact study,
Mr. Plummer: I am told that it is under a thousand and that's why it's 999.
Mayor Ferre: No, it's been changed now to 749. Alright, and that's... this
is exactly the point I'm trying to make. Tow, I don't know what the ultimate
conclusion is going to be but I would recommend that we go at 749. Plummer,
I accept your figures, ok, so we don't get into an argument about that.
Mrs. Gordon: We made the biggest boo boo there that I have ever seen anywhere.
Mayor Ferre: We made a bad mistake and we let the... that's why you know,...
Mrs. Gordon: I don't think we backed off because of that, we didn't have but
three votes here.
Mayor Ferre: We had the votes, we could have done it.
Mrs. Gordon: We only had two votes, yours and mine
Mayor Ferre: Well, but we could have done it and we got... I got scared and
I admit on the record that the Miami Herald editorial and we shouldn't have,
you know, that's why we should read those darn things and let them influence
us, because it was a bad mistake.
Mrs. Gordon: No, you said you didn't get influenced by them.
Mayor Ferre: Well, we are all human you know, and we do get... and listen,
at that particular point we were winning we had Watson Island, we had this
Convention Center .and we had all these other balls in the air and I didn't
want to have one more additional fight than necessarytso we backed off. And
the point is that now we are...
Mrs. Gordon: You get one piece of private development in the midst of all
public developments...
Mayor Ferre: But, now we bet:er £tart thinking about all of this and as it
impacts the World Trade Center because that doesn't mean that the World
Trade Center Project is now dead, but we have to think about where it's going to
go and I think it's really very important that we work very close with the
private sectof and ti th:tegards to the sports atena, because for example; you
tray Mention at a DDA once that perhaps within youf Spotts Arena We Could have
a 14050 square feet of exhibition space, so...
Mt-. Blum: That's our intent to this point.
Mayor Ferre: Or we may want to be involved in that somehow and tie it into
out Convention Center, you second that's wtiv it's very important, not only
that you work with the DDA and with staff here in the City, but that you keep
this Commission fully informed individually or collectively as to where we are
progressing on this.
Mrs. Gordon: Now, what's your intent above in the air space? What were you
planning...
Mr. Blum: I'm sorry?
Mrs. Gordon: What were you intending to put up above in the air space?
Mr. Blum: Mrs. Gordon, the project that we are doing itself- the Arena- is
so large that at this particular moment we are tunneling in on getting that
in the ground and up and finished. What we are going to do with other land
or what you people may let us do as far as commercial space in the rena itself
is really not formulated. The amount of money that we are paying for the
land can support... we are paying enough... the price we are paving for the
land is the right price for us to support an 18,000 to 20,000-seat Arenn in
which we will have basketball, hockey and other events. Whether or not economicall
we can afford to put in other space and still meet our time table is something
else. What we are going to try and do is design the building so that the space
on the street level can be utilized as commercial space as the City will let
us, but our problem is to fret in the ground quickly within the next twelve to
fourteen months so that we can meet our firm target opening date of January 1,
1982, that's the date that we are pushing for and that's the date that we will
meet. Construction to start no later than January 1, 1980, with completion
no later than January 1, 1982.
Mrs. Gordon: The question then would be if this is a factor in starting it
quickly, would your foundations be placed in there in such a manner that
you could add development in the air space at a later point in time?
Mr. Blum: Probably not. What we are trying to do at this point is to move
ahead on other land in the area where we can develop satellite projects.
Mayor Ferre: Well, you see, that's why it becomes very important for the City
of Miami to be fully informed and involved because 1 don't want to end up in
a competitive position with you, with regards to that particular land, that's
exactly what I'm thinking about, you seeland I think we need to know what you
are thinking and doing and work in conjunction with you because you know, the
Convention/Conference Center is a big step forward, but it is one step. I
hope that whether this City Commission or a future City Commission, that there
will be other things that we will be doing for the public purpose.
Mr. Blum: We've already discussed in a very preliminary way with Mr. Connolly,
our intent in our building and because of the size the number of seats we are
going to have as compared to the seating capacity of the Convention Center,
rather than be in competition I think we can work hand in hand. The smaller
events we may even help to book into the City facility and the ones that require
the larger seats will go into ours. It's our intention never to compete with
governments because you are bigger than we are.
Mayor Ferro: Yes, but you see, it's a question of definition Mel, that's..,
Mr. Grassie? That's why page 11 and page 12 of this contract becomes so
important because in effect what this contract is going to do is it's going to
tie the City's ability on additional parking facilities in that property.
Yes, I'm going to make sure that we are not getting ourselves into a bind on
that because, you know, how we handle parking there is going to impact how
the rest of that area becomes developed.
Mr. Crassie: You are entirely right Mr. Mayor, but this document that you
have considered this morning places no obligation on you that you did not
2'7
SE?
have ih the agreement that you already have With the developers and Wit'
the Uh1versity.
Mayor Ferre: If that's the case, then why is there an amendment?
Mt. Grassie: What it has done is made clear, even more clearer than in the
original document that, that that parking responsibility does exist. So, it
reenforces it but it really does not add anything that you did not already
agree to months ago.
Mayor Ferre:`'In the event of any abutting or adjacent cross of now or hereafter
owned by the City, the City constructs or permits there to be constructed
it's not only our land..."and permits there to be constructed any projects, whether
an apartment, hotel, office or other commercial structure which will increase
and/or impose upon the parking facility... "which is what we are talking about
right now... "to be constructed by City pursuant to Section 91 of the lease
agreement- greater demand... "that's you, ok.. "Or demands for parking facilities
which would prevent the City from meeting it's obligations"... now, that's a
subjective thing, that's a question of interpretation:.. "to provide the parking
facility for developer and it's guests, tenants and invitees as required under
said lease agreement, then the City shall not undertake such project unless
the City shall provide simultaneous, additional parking facilities of a similar
nature or surface parking so that there will be existing, adequate parking to
serve both the subject property project, the additional project and public users."
Now, that is big league language.
Mr. Grassie: Mr. Mayor, let me point out that that says"any property owned
by the City"and the City, of course, would not own as it is now structured,
Mr. Blum's property. So, this language has no impact on his project.
Mr. Plummer: Are you speaking of Mr. Blum?
Mr. Grassie: Yes.
Mr. Plummer: That's not the injection of the Mayor, not that it would be any
imposition on his project, it's the reverse, his project could have a problem
with ours. That's what the Mayor is bringing.
Mayor Ferre: What we are doing is, we are contractually saying... Mr. Grassie,
what this contract that we have tentatively approved is saying,and this is
what frightens me, it isn't only our own project, now, watch it says " that
the City constructs or permits there to be constructed". Now, permits means
a building permit.
Mr. Grassie: But, Mayor, it refers specifically to property owned by the City.
Now, if you permit something to be built on property owned by the City, what
you are reading is accurate. But it does not apply to private property on
which you give a building permit as aministerial function of government.
Mayor Ferre: Ok.
Mr. Blum: May I reply to that?
Mr. Grassie: Sure.
Mr. Blum: Again, as far as parking goes, it's our intention to work completely
hand in hand with the City and the County so that the two projects are truly
compatible and along those lines we are making our own independent study on
available parking and what, if any, additional solutions we need to that.
Mayor Ferre: Unless we are fully informed to work hand in hand, I want to
avoid the possibilities of our becoming opposites.
Mr. Blum: It will never happen.
Mayor Ferre: Well,...
Mr. Blum: We won't let it happen,
Mayor Ferre: l just want to make sure that Roy is fully 4Ware pf what's going
SEP.iE173
oh and that our staff is fully at.•are at the City level, Mr. .:r.tsstt sty that
WO don.lt end up saying "well, my God, why didn't we talk to Mel three years
Ago When we could have requested a hundred and fifty thousand square feet of
auditorium, it's a logical place or we should have had a pedestrian walkway
between the garage and your project, but we can't do that because we are
precluded by what we agree with Worsham and these are the type of things
that we've... not one person, but 1 would hope the hest mid; that we have
in the City of Miami are putting time and effort to reading every sentence,
every comma because Mr. Grassie, let me tell vou, from personal experience. when
you are dealing with Equitable or Prudential or Mass. Mutal, they pay those
guys that are up on the top fifty, a hundred, two hundred thousand dollars,
they are the best in the business, they do nothing but this day..in and lay-
out. They have a tremendous amount of experience, I'm not saving that Mr.
Connolly is not the best negotiator vou know, and that he is not every bit
as good as the people at Mass. Mutal. I am saying that he probably -has a
little bit less experience and that he doesn't deal with this on a day -to..
day basis. You are playing major league hall now, you are up against the
best, this is not the second best, this is Mass. Mutual. And these are people
that deal in billions of dollars every single day and they have... they know
these things... they've got not one, they have got a thousand lawyers.
They know exactly what every comma means and what the implication of every
sentence and they have these contracts up on shelves that they pull out and
they pull sheets out of they and insert them into this and we don't do that.
1 want to make sure that as we progress with this Convention/Conference Center,
and as Mel develops his project and as we deal with Mitchell Wolfson and the
Off -Street Parking, that we are all thinking and putting to our hest minds
together to think a5 to how all these pieces are going to fit.. You know, it's
alright to make a mistake, Rose on Monty Trainer, vou know, it's alright to
make that... I don't like it, bolt we can live with it. But 1 don't want to
make that kind of mistake in something of this magnitude and this size, 1 mean
that's something that we have to live with for a long, long time.
Mr. Blum: Is there anything that we are not doing now in working with the
City and the County that vou would like us to do?
Mayor Ferre: I don't know Mel, 1 hope that both Dick Fosmoen and Roy Kenzie
are fully informed as to what vou are doing and that you guys are talking
to each other and with Connolly and communicating so that we have a master
plan of what it is that we are going to be ending up with and not end up with
pieces that don't fit together or are conflicting. Or that you are out trying
to buy a piece of property that eventually we may need for a World Trade Center.
410 Mrs. Gordon: That's private enterprise, we can't stop private enterprise from...
Mayor Ferre: No, of course, we can't.
Mrs. Gordon: ... doing whatthey need to do.
Mr. Blum: Well, you may not be able to stop private enterprise, but in tails`;
particular case you have got a facto _.
willing to work along with the City.
Mrs. Gordon: We don't want to. I don't want to stop private enterprise.
Mayor Ferre:
No, no,...
Mr, Blum: I'm sure you don't, my point was that we are not trying to
we are trying to build that project in a and efficient way.
Mayor Ferre: Rose?
Mrs. Cordon: Maurice, I think perhaps what you are trying to develop in your
conversation this morning is some kind of a Master Plan for the area and that
what vctu are really saving.
Mayor Ferre: Right.
Mrs, Gordon: And if that is really what you are saying, then our planning
department should immediately begin to put together a,,,
Mayor Ferre; Master plan,
2ii
SEP • 1,-£
s•
Mrs. Gordon: ... Master Plan for development of the area.
Mayot tette: Yes. Rose, you know, you and I talk very frank to each other
Bo I'tn going to put it to you this way. Yes, I know how you feel and what you
said, but I want to remind you that you and I voted against the private sector
in Bauder College because we thought it conflicted with the public purpose, ok?
And that's all I'm saying.
Mts. Gordon: No, sir, that is a different situation because I think any land
owner that permits a competitive interest to settle in the middle of their
holdings, is a very poor investor and I'm not just saying that about public,
I'm saying that about anybody that would allow an entity to settle in the middle
of their holdings and that's what we did. We permitted something to be like a
hdle in a donut within the confines of the properties that the City owns. I
don't think we should buy everything in town and we shouldn't.
Mayor Ferre: No, I hear you.
Mrs. Gordon: But we shouldn't allow... we shouldn't have allowed it to happen.
Mayor Ferre: My point is that, one hole in a donut is ok, but two holes may not
be acceptable and I want to make sure that we don't end up with two holes in
our donut, ok.
Mr. Blum: And no donut.
Mayor Ferre: And no donut. Thank you, very much.
Mrs. Gordon: We may only have the hole and not the donut.
Mr. Plummer: Mr. Blum, have you seen this agreement?
Mr. Blum: No, I would like to see a copy of it.
Mr. Plummer: Well, 1 think if you don't see a copy of it, if you do have
objection, that you don't get back to the Manager before noon tomorrow
am going to assume that you think it's compatible.
Mr. Blum: I intent to.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Ok, I agree, but that's exactly the point. Alright, thank you,
very much.
Mr. Blum: Thank you.
Mayor Ferre: Now, at this point Rose Gordon moves and J. L. Plummer seconds,
that the staff be instructed,Mr. Manager, to as quickly as possible in
conjunction with the Downtown Development Authority come back to this Commission
with a Master Plan for that general area. One more project.
Mrs. Gordon: A recommended... so that we can recommend it.
Mayor Ferre: A recommended Master Plan. Alright, is there further discussion,
call the roll on that.
the oli ol+ion 'Vat introduced by Cori r,issioner Gordon; Who dyed l
adoption,
MOTION NO, 7R-5S9
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO REQUEST THE PLANNING DEPARTMENT TO
IMMEDIATELY BEGIN A STUDY OF THE AREA GENERALLY
BOUNDED BY BISCAYNE BAY ALONG THE MIAMI RIVER
TO TUE 1-95 FREEWAY AND TO SUBMIT A PROPOSED
"MASTER PLAN" FOR THIS AREA TO THE CITY COMMISSION.
t3pon being seconded by Commissioner Plummer, the motion was passedand`
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.
Mayor Ferre: And now we are going to take a five minute break for Mr. Plummer
and we will be back at 11 o'clock and we will take up item C at that time.
Mr. Plummer: Is that a Maurice Ferre five minute, or a J. L. Plummer five
minute?
Mrs. Gordon: A Rose Gordon. Be back in five minute.
Mayor Ferre: Let's see if we can get a form here, We've got a form of two and
that's about as good as we can get around here, right? Your five-minute break
is up. lhat's why I'm reluctant to give breaks.
EREb.PON THE COMMISSION RECESSED FOR 10 MINUTES).
Mayor Ferre: Alright, Plummer is back in, so we have a quorum
in session ladies and gentlemen. Come on, Plummer.
Mr. Plummer: What do you mean, come on?
Mayor Ferre: Well, you said five minutes and it's been twelve now, let's
go.
6. DISCUSSION OF PROPOSED FEE WAIVER POLICY.
Adopted - See Itern 35 later same meeting
Mayor Ferro: Discussion of the revised Fee Waiver Policy. Mr. Manager,
you are on.
Mr, Grassie: Do you really want us to go ahead with this Mr. Manager, at this
time?
Rev, Gibson; i thought we were going,,,
SEP 281978
Mayor Ferre: Alright, we have a yucru , let's go. Marie, would you tell Reboso
and Rose, that we are back in session and would like to get Out of here by then?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, tell her not to talk so
all you have to say? Are you sure?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: So therefore, that concludes it, tight?
item then? Come on, Joe!
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre:
go, come on.
Mr. Grassie:
Mayor Ferre:
Mr. Plummer:
I hollered for Manolo, he doesn't hear
What are we talking about?
We are waiting for you on item
You ain't waiting for me, baby.
Mr. Grassie: Item #C Mr. :Mayor, and members of the City Commission, is a
discussion of a proposed City Commission policy on the waiver of fees. Now,
this policy statement was asked for you a few days ago as you went through the
Enterprise Fund and particularly the budgets for some of the public facilities.
You asked that we establish a fee waiver policy which would implement your
intention that everybody pay some fee, although, minimum to start with. We
said that it probably would be a good idea to start in slowly, to not do it
all at once and what we would reco:rend to you then, if you agree with the
general intent of this policy, if you feel that it reflects your feelings,
that we adopt it as your policy and we would start to implement it with the
beginning of this next fiscal year.
Mayor Ferre: Ok.
Mrs. Gordon: Do you have some kind of an estimate of what revenue this might
produce?
Mr. Grassie: We would be estimating of course, what we have missed which
is a little difficult, but I would anticipate that as a minimum this would
add some $75,000 to the City in fees.
Mrs. Gordon: That's all, it wouldn't be any more than that overall?
Mr. Grassie: Well, remember that your policy position was that we would start
easy, that we would not be too drastic to begin with, and that's why I'm estimating
at that level.
Mayor Ferre: Are there other questions from the Manager? Does it require
any action on our part now?
Mr. Grassie: Yes, sir, if you approve this, then later in the formalization
of your actions, I think it is item 35, you would be asked to adopt a resolution
which would establish this as your policy.
Mayor Ferre: Alright, is there a consensus here on this Commission on this?
Anybody want to move it?
Mr. Plummer: Well, Mr. Mayor, you know, nobody wants to take an unpopular
stand and...
Mayor Ferre: Well, what do you mean nobody, I do it all the time.
Mr. Plummer: Hey, I'm willing to make the motion because I think it is
mandatory for a successful operation of this City, that it has to be cotmnesurate'
with what other things are happening in this City and I'm sure it's going
to displease some people...
Mayor Ferre: Bite the bullet, Plummer.
32
r; . ,_ ,r•;,,
Mr, PlutMet: but
offer the Motion,
is a must as
its and as such Mr. Mayor-:
Mayor Ferre: I tell you, these are new tittles z Plummer Moves, Rose seoonds,
further discussion, call the roll,
THEREUPON THE FOREGOING MOTION was introduced by Commissioner Pittner and
seconded by Commissioner Gordon was passed and adopted by the folloting Vote:
AYES: Mrs. Gordon, Mr. Plummer, Rev Gibson and Mayor Ferre,
NOES: None.
ABSENT: Mr. Reboso.
7. DISCUSSION OF PROPOSED POLICY for
Mayor Ferre: We are now on item #fn:
SUPPORT OF FESTIVALS
Adopted -Item 36
Mr. Grassie: This item also, Mr. Manor, is intended to carry out a general
feeling on the part of the City Commission and a discussion that you have had
on several occasions in which you were not satisfied with the process that we
have had in the last year of receiving requests from many groups in the community
wanting support from the City and very often wanting support at the last minute.
You have asked that we setup a process which would follow a policy statement
of yours which would make it more sure for organizations wanting to sponsor
festivals, suggest what they had to doland what they could expect?and what your posture
on their request was likely to he. Now, this proposed policy then, attempts to
outline a position for the City and attempts to set some guidelines for the
organizations so that they will have some forewarning of what your posture would
be and in the process of implementing this kind of policy, I'm sure that we will
run into some difficulties, some questions that are not easy to resolve, but I
think it's a first step in accomplishing what you said you wanted to do.
Mr. Plummer: Well, Mr. Manager, just for the record so we don't have problems
at a later date, I've got to play semantics, ok, and I guess the T.V. program "All
in the Family"is the prevailing wind. You used the word here "participation".
411. Now, that to me indicates that in which we join with others, it does not address
itself to those which we fully sponsor.
Mr. Grassie: The basic policy, you are correct Commissioner, is oriented towards
the many festivals that seem to pop up and bring requests to the City sometimes
at the last minute. It does... the policy does encourage more extensive citizen
participation and more extensive citizen funding of these festivals. It could
be,if you wish, just as a policy question on your part, it could be not made
to apply to the International Folk Festival which I think is the organization
that you are concerned about at the moment.
Mr. Plummer: Very definite. So that I'm putting it on the record that there is
a difference between those which we wholely operate and those in which we participate
in a limited degree, that there is a differentiation between the two,and with
that understanding then I have no problems.
Mayor Ferre: That's acceptable to me too, ok. Everybody in agreement?
Mrs, Gordon: With the elimination of the International Folk Festival, I have no problem.
Mayor Ferro: Alright, do you need any resolution?
Mr, Plummer: Well, Mr. Mayor, here again I did not bring
or to you, I did not bring out the Folk Festival because
preclude in the future that the City itself might wholely
festival, ok. So I did not...
firs, Gordon:
Mr, Plummer:
Mrs, Gordon:
out Morty or
I don't want
sponsor some
to Rose
to
other
So you said any City -sponsored,,.
Wholey City -operated.
.,. wholly City -operated, that's the word, wholly City -operated,
33
SEP 281378
■11■■III. 1111111111
}4r4 Piumter: That's correct. Ok, and then I think that covets aid gives the
iatitude if in the future...
Mts. Gordon: We may have some other kind of. a City -operated festival.
Mr. Plummer: That is correct, but if you limited it to just that one, then
you would have to come back and change it.
Mayor Ferre: Ok.
Mr. Plummer: I apologize for playing sernatics, but I think it's importaht.
Mts. Gordon: Ok, what do we have to do now?
Mayor Ferre: Alright, do you need a policy statement at this poiht or a io tiOn?
Mr. Plummer: You have it in front of you.
Mr. Grassie:
It will be formalized under item 36, Mr. Mayor, if you want
consensus at this point, that all that would be necessary.
Mayor Ferre: Ok, on the matter of consensus, Plummer moves, Rose Gordon seconds,
with that proviso as stipulated by Commissioner Plummer, further discussion,
call the roll.
Mrs. Gordon: Just on discussion with regard to the budgeting for the festival,
the International Folk Festival, is this the appropriate time to discuss the
r.dditional monies that are require to make it a first class festival for the
coming year, this rear?
Mr. Grassie: Well, it moves somewhat into the item- I believe it's item 9
on your agenda- which is the approval of the budget, but let me see if I can
clarify that for you and that way Mr. Friedman won't have to wait. We now
have in the budget as you know, and we are talking now, not about in -kind monies,
but we are talking about cash. We have in the budget $19,000 currently for
the festivals specifically. In addition to that we have a budgeted amount of
$48,000 in a broad line item on page 195 of your budget which supports, is
designed to support City-wide events such as the International Folk Festival.
If the City Commission sometime later on in the year after your initial budget
has been adopted, if at some point you wish to assign some of that $48,000 to
support the international folk festival, it would be simply a question of
your indicating that and of course, that's where the money would come from.
Mrs. Gordon: Well, the only thing about that, I think Mr. Grassie, is the
fact that planning the festival, one would need to know the extent of funding
available specifically in order to plan the kind of festival that, you yourself
said last year you would like to see us run. So I would like to move my motion
and we can finalize it later, an intent, to utilize from tha $48,000 the sum
that would be necessary to bring the budget in cash from $19,000 to $34,000.
■
•
Mayor Ferre: We have a motion on the floor, is there a second?
(BACKGROUND COMMENT OFF THE PL'BhIC RECORD)
Mayor Ferre: I thought we were going to do all these things together?
Mr. Plummer: Yes, that's my problem. Rose, I'm all in favor of what you
advocating, but I out of fairness, I think my position in this matter has been
very clear and there is no problem of playing games, but I think this Commission
has agreed, Rose that we would wait.,.
Mrs. Gordon: No, it's just in intent, we are not moving it now.
Mayor Ferre: Yes, but see, but that's something that we haven't done
So Morty look, you are going to get the votes, ok. Let's not..,
for others,
MM
MM
mm
MEM
MEM
MEM
MEM
■
Mt, Millet: liey, you got no problem.
MtS. Gordon: Alright,
Mr. Plummer: But, I'm just saying that we have agreed because if we do it and we bred
it now with Morty, we are going to break it all the way through this budget
process and that's going to throw us into bedlam.
Mayor Ferre: Yes, that's right. Ok.
Mr. Plummer: So, what I'm saying is Rose, I won't second the motion at this
time.
Mayor Ferret
Mr. Plummer:
appropriate.
Mayor Ferre:
that?
Mr. Plummer:
afternoon.
Mayor Ferre:
We are going to vote for it later on. When we do the whole thing...
I will even put it on the record, I will second that motion when it's
Alright, then with regards to item l) itself, have we voted on
Well, it's just the intent and we will formalize it in item 36 this
Ok.
Mr. Ongie: You wouldn't vote again.
Mayor Ferre: Alright, well call... was the motion made?
Mr. Plummer: This is a motion of intent.
Mr. Ongie: The motion was rude, we haven't called the roll.
Mayor Ferre: Ca11 the roll.
THEREUPON THE FOREGOING MOTION was introduced by Commissioner Plummer and
seconded by Cotmnissioner Gordon was passed and adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
Mayor Ferre: Alright, now let's see if we can in the next half hour get
through most of the afternoon agenda.
Mrs. Gordon: Could we... J. L., could you do this then, because I feel like,
you know, I know when the budget in it's totality is going to be approved
and since the planning for the festival has to be done, you know, momentarily.
Let me take this approach, without being specific on the numbers, that
appropriate numbers be inserted later, but that the intent is to increase the
budget from 19, ok?
Mr. Plummer: Rose, my mother told me many years ago and I still operate under
it, don't push when you are a winner.
Mrs. Gordon: You can't lose for winning.
35
mm
EE
•
•
8. FIRST pEADI:fc,
P rmi t PAYBACK
GENERAL RiTTFEM.Y.'"vT PLA
iii.t xC'l,. Pr.ob;.tionary, Tempo ra rY
or Permanent - up to 4 years.
`savor Ferre: Alright, lr t' (?}ts'✓t' r"illt'rat!. N:,w, can we take up nine? Oh, no.
How about... no. Y:1ever,`' `4c;
Mr. Grassie: We do h,v<� ���.>��:���,ear-end items Mr. `•favor, that are not specific all'"
listed on your agenda an
Mayor Ferre: I wo
(BACKGROUND COMMENT OFF_ TU
Mayor Ferre: Alright,
'Mrs. Cordon: Which nwn o•
Mayor ierre: 16, amend
General Retirement Plan
Mr. Plummer: We've had- lair
We had first reading on ttrirs'
Mayor Ferre: No, thi'A
'Mrs. Gordon: No,
Plummer: Mr.
lr. _Ongie: Yes,
Mayor Ferre: Well,
this? Does anybody h,
Mr. Plummer: My
reading.
t1s' pro 1c its
Mayor Ferre: Peter,
MT. Joffre: Yes. . My n:rr
Plan Board. When we st:
and we got crossed and
reading which the oral injnce
and watchmans Pier to 6 to
Mr. Plummer: Right.
Mr. Joffre: What we ai
to four years et the cure e
Mrs, Gordon: The
Mr. Joffre: ...
Mrs. .r:ordon : This make
kII take those-' up.
tiih the agenda items and then.,
art with 16 on first reading.
t to
4ections of The Miami City Employees'
ins,on this. Has there been a change?
last. agenda.
lit
amOxtdment that wasn't included before.
ropy of the last' agenda, please?
we have any' prohlent~ with
effective, this should he second
un about this?
Joffre, Vice -Chairman of the Retirement
out: we had three ordinances that we asked for
Ur:m the line we did pass one for a second
not '' here that allowed laborers and custodians
titre their time hack.
now is asking to allow people to buy u
M.t r Ferro: Al t" i ,;h: , ?<?t -„ .9��ta> to �r ; Summer seconds item #116.
Mr. .lit! t re: Excuse L:.. , t',t :'t, i,*11 r'' 3.00t:h. r ordinance attached to this have,
that aoruowhe't, along .. • tte p;apet- shuffle and the both of these
Ordinances went up toge'thay-r
1+1r.;_. Gordon:Y.1•S4 Alt t lea e the copy of the second one?.
44,
41.
(BACkGROUND COMMENT OFF THE PUBLIC RECORD)
Mw
ayor Ferre Well, let's take one up at a tite,
Mrs. Gordon: Ok.
-
Mayor Ferre: o., and then we will take up the second one tight after the Ohba
Mr, Joffre: Ok.
Mayor Ferre: Alright, on first reading, it's Move by Gordon, second by Mutter,
would you read the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS
OF THE MIAMI CITY EMPLOYEES' 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 PRO-
VISION THERETO PROVIDING THAT ANY PROBATION-
ARY, TEMPORARY OR PERMANENT EMPLOYEE OF THE
CITY OF MIAMI WHO HAS BEEN IN CONTINUOUS
SERVICE SINCE BECOMING A MEMBER OF 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 CON-
TINUOUS SERVICE SHALL NOT BE APPLIED TOWARD
THE REQUIREMENTS FOR ORDINARY DISABILITY
BENEFITS, FURTHER PROVIDING THAT ANY TN LINE
OF DUTY INJURY SUCH AS WOULD BE REOUTRED TO
RECEIVE ACCIDENTAL DISABILTIY BENEFITS MUST
OCCUR AFTER COMPLETION OF SAID PAYBACK AT
THE HEREIN PROVIDED RATE; FURTHER, PRO-
VIDING THAT SHOULD ANY PROBATIONARY, TEM-
PORARY OR PERMANENT EMPLOYEE DECIDE TO PAY
BACK UNDER THE HEREIN SECTION, SAID PAY BACK
SHALL BE MADE USING THE EMPLOYEE'S CURRENT
RATE OF COMPENSATION, EXCLUDING INTEREST, AS
THE BASIS FOR DETERMINING THE COSTS INVOLVED;
CONTAINING A REPEALER CLAUSE, A SEVERABILITY
PROVISION AND AN EFFECTIVE DATE.
Was introduced by Commissioner Gordon and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
ABSTAINING: None,
;•-• • • F-7, ' •;;; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, " '
Mayor Ferre: Now, on the second item.
Mr. Plummer: Well, I have not had the opportunity to see it.
Mayor Ferre: Mr. Manager?
Mr. Plummer: What does the second one address itself to?
Mr. Joffre: The second one will be to allow temporary employees that, you know,
we were allowed at one time to plan where we allowed people to buy time back
on it, but since we got the board attorney, he said that there was nothing: to
allow them to buy this time back. So, what we had done just pass up these ordinances.
Mr. Grassie: No, we have not seen it Commissioners, and we will have to
bring that up on the next...
Mr. Plummer: Peter, put it over to the next meeting.
Mr. Joffre: Ok.
Mrs. Gordon: The Board sent both of them attached to the agenda office and there
was an error of just not getting it on the agenda. However, the board did pass
both and they are coordinated to go together.
Mr. Joffre: And all the cost was already precluded in the other ordinance that
you have passed before.
Mr. Plummer: I understand, but still I want to read it.
Mr. Grassie: I don't know whether you had a chance to read Mr. Gunderson's
memorandum on this, but I'm assuming that what Peter is calling the second item
is what is described here in this memorandum as the third ordinance and that is
scheduled for your agenda... for your next agenda. So, that would be...
Mayor Ferre: Ok. Unless there is any objections to that, I think we are probably
better off leaving it that way. r
Mrs. Gordon: Ok.
9. EMERMICY ORDINANCE: ADJUSTMENT' 1 'T0 "GENERARAL EMPLOYEES'
RETIRE= PLAN (one-half of one percent
-.5%- of current pension benefit).
Mr. Plummer: Mr. Mayor, can we take up Tony Wilcox,
it's just that one word needs to he changed,
Mayor Ferre: Yes, what item is it?
Mr. Plummer: It's not an item, it was asked for by me on Monday or Tuesday.
Mayor Ferre: Ok, bring it up.
Mr. Plummer: It's simply one word changed from the word "original" to "present".
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: To current.
Mr. Plummer; Current? Is that the word to use?
et. al and get that)
c; ;� 927E
h6k: Yes.
Mr: tlut Mer : Ok, current.
Mayor Ferte: Of the current benefit for each yeat. Alright, Plummer...
Mr. Plummer: And for the record Mr. Mayor, it was by the Finance Department
the figure that was developed, it does track the wording of current. Mr.
Gunderson, is that correct? He has indicated by the shaking of his head and
the stroking of his beard that it is correct.
Mayor Ferre: Ok, without further question on that amendment as proposed by
Mr. Plummer on the ordinance- do we have to read the ordinance over again?
Mr. Knox: Yes, sir.
Mayor Ferre: Alright, would you read the new ordinance? Wait a minute,
moved by Plummer, seconded by Gordon. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 8826 PROVIDING FOR AN ADJUSTMENT EFFECTIVE
AS OF THE DATE OF FUNDING IN THE PENSIONS FOR
ALL BENEFICIARIES OF THE MIAMI CITY EMPLOYEES'
RETIREMENT SYSTEM AND OF THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN SO THAT AS RESPECTS
EACH BENEFLCIARY AS OF SUCH DATE, THE PENSION
BENEFIT SHALL BE INCREASED BY AN AGGREGATE
AMOUNT DETERMINED BY INCREASING THE PENSION
BENEFIT BY ONE-HALF OF ONE PERCENT (.5%) OF
THE FIRST THREE HUNDRED DOLLARS ($ 300.) OF THE
CURRENT BENEFIT FOR EACH YEAR, SINCE THE
RESPECTIVE DATE OF RETIREMENT FOR EACH BENE-
FICIARY; AND BY PROVIDING THAT THE AMOUNT OF
EACH SUCH INCREASE SHALL BE ADDED TO THE PRE-
SENT PENSION BENEFIT, AND THE RESULTING AMOUNT
SHALL THENCEFORTH BE PAYABLE ON A MONTHLY
BASIS; AND BY FURTHER PROVIDING THAT FOR PURPOSES
OF APPLYING THE ORDINANCE PROVISION OF ORDINANCE
NO. 7798, ADOPTED SEPTEMBER 25, 1969, PER-
TAINING TO VARIABLE UNITS OF RETIREMENT INCOME,
THE ADJUSTED PENSION BENEFIT AS HEREINABOVE
DETERMINED SHALL BE USED AS THE BASE MONTHLY RE-
TIREMENT ALLOWANCE FOR THE COMPUTATION OF
BENEFIT CHANGES, IF ANY, WHICH ARISE BY REASON
OF CHANGE IN THE VALUE OF VARIABLE UNITS AND
CONTAINING A SEVERABILITY PROVISION, A REPEALER
CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gordon, for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Gordon, adopted said Ordinance by the following vote;
AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
SAID ORDINANCE WAS DESTGNATED EMERGENCY ORDINANCE NO. 8848
The City Attorney read the ordinance into the public record and announced
that copies were available to member of the City Commission and to the public.
ACTION COMMUNITY CENTER
10. AMEND SECTION 1 & 5 Compensant for reduction
in F.R.S.F.
Ordinance 8731
Mr. Grassie: Now, we would like to take one further item Mr. Mayor, with
provides the money for the action that you have just...
Mayor Ferre: Wait a minute. Rose, did you want to say something?
Mts. Gordon: I just wanted to make the statement regarding the miss or non-
agended ordinance, that it be placed on the next meetings' agenda as an
emergency, so that the one we read today first... as a first reading and the
one we are going to have then will both be simultaneously passed.
Mayor Ferre:
Mrs. Gordon:
Rev. Gibson:
Ok, agreed. Does everybody agree?
Ok?
Yes.
Mayor Ferre: Ok. Now, alright, Mr. Grassie, on the Action Committee Center
Program. Mr. Grassie, you just gave us two items that you want us to take up.
0ne, is proposed legislation for September 28, 1978 Commission Agenda, the
Action Community Center Program administered by Citizens Service Department
has experienced... Is this a controversial item?
Mr. Plummer: No.
Mr. Grassie: No, it isn't, sir. But, basically what this does is before the
end of this fiscal year it clears up our records to provide all of the money
that the City Commission has already approved.
Mr. Plummer: I move it.
Mr. Grassie: So, it simply is clerical.
Mayor Ferre: Plummer moves, Reboso seconds, is there further discussion?
Mrs. Gordon: Which one are you on, Maurice? I'm not sure.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mrs. Gordon:
Mr. Plummer:
Mayor Ferre:
This has been just given to you...
It's a sneaky Pete.
an emergency ordinance. Would you read it?
Oh, well, I don't have a copy of it, Mr. Mayor.
Yes, you do in your supplemental, Rose. A sneaky Pete
Ok, discussion? Alright, call the roll.
agenda,,'
Mr. Grassie: The purpose of this Mr. Mayor, is to make sure that there is not
an audit exception because you have not approved th4s expenditure of money
formally before the end of the year, but you have already agreed to the program
and you said we should do it and so on.
Mayor Ferre: Alright, call the roll.
Ali ; ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5
OF ORDINANCE NO. 8731, ADOPTED DECE*LEER 16, 1977$
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY
INCREASING THE APPROPRIATIONS FOR SPECIAL PROGRAMS
AND ACCOUNTS, SOCIAL SERVICE PROGRAMS IN AN AMOUNT
OF $20,694; AND BY INCREASING ANTICIPATED REVENUES
IN THE SAME AMOUNT FROM THE STREET LIGHTING FUND;
TO COMPENSATE THE ACTION COMMUNITY CENTER PROGRAM
FOR A REDUCTION IN '77-78 FEDERAL REVENUE SHARING
FUNDS; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Was introduced by Commissioner Plummer
fot adoption as an emergency measure and dispensing
reading same on two separate days, which was agreed
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
AYES:
and seconded by Vice Mayor Reboso
with the requirement of
to by the following vote:
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Vice -Mayor Reboso, adopted said Ordinance by the following vote:
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
AYES:
NOES: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8849
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.
11. FIRST AND SECOND READING: Amend Section 1 of Ord. 8716 -
CONS1'RUCTION OF COCONUT GROVE
BUSINESS DISTRICT HIGHWAY INIPRnVE ll F
•
Mayor Ferre: We are now on item 18, first and second reading Amending
Section 1 of 8716, the Annual Capital Improvement Appropriations by making
an adjustment in the 1970 Highway General General Bond Obligation Fund for the
construction of the Coconut Grove Business District Highway Improvement (2nd
Bidding). I assume this is a non -controversial item?
Mr. Grassie:
Mayor Ferre:
Mrs. Gordon:
That's correct, sir.
Alright, anybody have any problems with this?
No, I think it's going to be a great thing that's happening.
Mayor Ferre: Rose Cordon moves, Father Gibson seconds, further discussion
on 18, then let's get going on that. Ca11 the roll, on first reading. Now,
'on second reading.
41 SEF = ,
IMMW
MIMMINIM
r
NNW
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
N0, 8716, ADOPTED OCTOBER 26, 1977, AS AMENDED,
THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1978, BY MAKING AN ADJUSTMENT IN THE 1970 HIGHWAY
GENERAL OBLIGATION BOND FUND, WHICH ADJUSTMENT IS
REQUIRED FOR THE CONSTRUCTION OF COCONUT GROVE
BUSINESS DISTRICT HIGHWAY IMPROVEMENT (2ND BIDDING);
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND DISPENSING WITH THE REQUIREMENT OF
READING THE SAME ON TWO SEPARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
Passed on its first reading by title at the meeting of September 28, 1978
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, 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 (Rev.) Theodore R. _Gibso
Commissioner J. L. Plummet J'r, J � ; �,
Vice -Mayor Manolo Reboso i "�'' u ,1Q0.
e5`" `� "f �'
Mayor Maurice A. Ferre ° ° �c�o6,�PH
c,i `i<<'C� \(- u, a c70 „,yi
r.Pc ion �' =C CO i .10 ,C n r- r ,, i s
NOES: None,
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. S850c�c` t ('^ c, ---- u c o
C` (rC ` „(
The City Attorney read the ordinance into tlie,';pub ,i�r record and announced �>
that copies were available to the members of the 'Ci Cotomnissian;and to ,the.
public.
OCCUPATIONAL LICENSES
Annual license for Peddlers
Mayor Ferre: Take up item #19, Reboso moves, Plummer seconds
Mr. Plummer: What has created the need for this, Mr. Grassie?
Mr. Grassie: Basically, the experience of the Coconut Grove-Art`J
Mayor Ferre: And that's where it's at.
Mr. Grassie: They have had increasing problems with..
Mayro Ferre: Peddlers.
Mr. Grassie: ... peddlers who really free load on the festival, free load
on the fact that the festival bring a lot of people to Coconut Grove...
urther;-discussion...
Mayor Ferre: This won't eliminate because you know, I would just go down there:i
and buy a license and then go peddle, that's no big deal.
Mrs. Gordon: And you could raise some income...
Mr. Grassie: Well, it will really not work that way, Mayor.
Mayor Ferre: Well, tell me how it works.
Mr. Grassie: What this will do is allow control for a period of one year..,
I'm sorry, for a period of one month, it will allow control around the
geography of a particular festival, so that in fact you will not be able to
get a license around the festival for a certain period of time.
4
SEP 2 ^'/
MM
MM
■
r'' `ex �� el: _.�ahy' .cant r,j $t
bat ve 3t'`�s C�S;`get'.t license as' p,�c�-1'er?arid o`s i ?� 47rj?rj! 'k
C^
;.�xasie,:" For the same reason that the City tor►�n►issinnhaa' no,b'b�.ikation
i �
iveVany licenses for that kind of activity to ahybo y.-., �; , ,
a l!cenee?
r'C8 o !,
J(�C�! 3 o '-)eP°� w�0
O L. 0, �O � O�pnJ �?
r n 0 r 7 (?
! �?<'. c n .}' y bucks
go,.doft�n�'�ere, aittl:. ay` t'., . ,
to se11; yiu
Mayor Terre: We115 how can you tell if I'm a kid that wants
kftaw, beaded necklaces and I live in Coconut...
Mts. Gordon: It's just
Mayor Ferre: What?.
Mrs. Gordon:
the oppas.ie%• 0t" 'ta
r l 0 n G
osi erbf�� +hat I
o (
ay, r,erre: Yee, but on what right would you deny, somebody
,F
r.Lrassie:' Because you do it uniformly, as a matter of policy on an ar— ea
WI trasis,,, _.
mac..
Mr. Knox:' So, you get a license, but within that license that is issuetl,there
is a reservation of certain days where that license would not be ffectiVe in
certain areas of the City.
Mayor Ferre:
try it.
Mr. Grassie: It's an attempt to help the festival and to help them control
their environment and I think that...
Mayor Ferre: It's really a law that's good as long as it is not ,
abused and then when it's abused you get into constitutional matters and all
that kind of stuff. Ok.
Mr. Plummer: In other words, let me ask this question. Will it be an,?'.
administrative action of finding the geographical limits?
Mr. Grassie: Yes, basically the limits will be defined by the festival people
themselves, but we would ratify that, yes .
Mr. Plummer: I'm not comfortable with that at all. I would agree to it upon
your, your(the administration)applying reasonable limits of geography, Mr.
Grassie, my problems is., is what do you in the area of other festivals, such
as the Folk Festival? And such as the Latin Fiesta Festival downtown?
I'm not too
sure I'm very comfortable with a12that, butt'1:1
Mr. Grassie: I would think that if they wanted a
a similar basis, that they would get it.
Mr. Plummer: There nothing to preclude us designating you as the one
does it, is there?
Mr. Grassie: No.
Mayor Terre: Well, we can always do that. This is something which is good
as long as it's applied wisely and just for the purposes of something like
he Coconut Grove Festival.
Plummer: Well, Mr. Mayor, I would insist upon that the ordinance be
changed designating this as a administrative procedure of setting the
geographical boundaries.
Mayor Ferre: Ok, with that as a change, would you read the ordinance?
Call the roll.
reasonable protection on
that
43
$E1) n l,,
AN t&DNANCt ENTITLED -
AN ORDINANCE A4ENDDING CHAPTER 30 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "LICENSES", BY AMENDING SECTION 30=8
THEREOF TO PROVIDE THAT THE ANNUAL OCCUPATIONAL
LICENSES FOR RETAIL PEDDLERS SHALL BE
ISSUED SUBJECT TO SAID LICENSE BEING INAPPLICABLE
'WITHIN CERTAIN AREAS TO BE DESIGNATED BY THE CITY
MANAGER DURING SPECIFIED TIME PERIODS NOT
EXCEEDING A TOTAL OF 30 DAYS IN ANY FISCAL YEAR;
SAID RESTRICTED AREA BEING LIMITED TO 5% OF THE
TOTAL LAND AREA OF THE CITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DIS-
PENSING WITH THE REQUIREMENT OF READING THE SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
wa i.ntroduced by Vice -Mayor Reboso and seconded by Commissioner Plummer
::r,;,
oi4r�doition"as•an emergency measure and dispensing with the requirement of
same on two separate days, which was agreed to by the following vote:
OYES: ;'-'. Commissioner Rose Gordon
'Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R.
Vice -Mayor Manolo Reboso
;Mayor Maurice A. Ferre
NOES: None.
Gibson'
Whereupon'the Commission on motion of "Vice -Mayor Reboso and seconded by
Commissioner Plummer, adopted said Ordinance by the 1Sfollowing vote: 1tft
�yES; 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 EMERGENCY ORDINANCE NO. 88541",t, # }
a�
The 'City Attorney read the ordinance into the public record sand announed'
that copies were available to the members of the City Commissionr,and to the..
public.
ON ROLL CALL:
Mr. Plummer: With the Mayorta,_camments and_with it fully being understood
that I'm going to keep a good.:eye, that'this thing.Is applied' fairly,; I vote
44
SEP ' '6/u
iiiiiiiiiii■ui1ihulliiiiii i
13. SECOND READING
ORDINANCE: AMEND mRDT:CANCE A;proFriatinc S42,109
for Publicity contract.
Mayor Ferre: Father Gibson moves 20, Rose Gordon seconds it, further discussion...
Mr. Knox: Mr. Mayor, can we take 21 first and then 20, I understand they were
agendaed in a improper order?
Mayor Ferre: Alright, this is Amending Sections 1 and 5 of 8731, one of the
Annual Appropriations Ordinance to increase the General Fund Department of
Tourism Promotion by $42,109; increasing the General Fund, anticipated Revenues
in a likeamount for the Miami -Metro Publicity Contract. Alright, Mrs. Gordon
Moves,Father.. Gibson seconds, further discussion on item 21, read the ordinance.
xk
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF
ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, AS
AMENDED, THE ANNUA1. APPROPRIATIONS ORDINANCE FOR TIIF
FISCAL YEAR ENDING SEPTEMBER 30, 1978; BY INCREASING
THE GENERAL FUND, DEPARTMENT OF TOURISM PROMOTION IN
THE AMOUNT OF $42,109; AND BY INCREASING THE GENERAL
FUND, ANTICIPATED REVENUES IN THE SAME AMOUNT; FOR
THE MIAMI-METRO PUBLICITY CONTRACT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
as introduced by Commissioner Gordon and seconded by Commissioner Gibson
ffor,`adoption as an emergency measure and dispensing with the requirement of
'reading same on Two separate days, which was agreed to by the following vote:
AYES:. Commissioner Rosa Gordon
`'Commissioner I. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferry
:Whereupon the Commission on motion of Commissioner Gordon and.seconde
by'Commissioner Gibson, 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 EMERGENCY ORDINANCE NO. 8852
The City Attorney read the ordinance into the public record and announced
that dapies were available
to the members of the City Commission and to the
EMERGENCY
ORDINANCE
Amend Sections 1 6. 5 - Ord. 8731
Increase General Fund Pension $60,510
etc. for purpose of increasing
RETIREEE BENEFITS
Mayor Ferre: Now, Father Gibson moves item 20 and Mrs. Gordon seconds it,
read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF
ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, AS •
AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1978; BY INCREASING
THE GENERAL FUND PENSION, IN THE AMOUNT OF $60,510;
AND BY INCREASING ANTICIPATED REVENUES, IN THE SANE
AMOUNT FROM THE STREET LIGHTING FUND; FOR THE
PURPOSE OF INCREASING RETIREE 3ENEFITS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Gibson and seconded by Commissioner Gordon
for adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following vote:
AYES: Commissioner Rose Gordon
Commissioner 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 seconded by
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 EMERGENCY ORDINANCE NO. 8853
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.
1
riMEM
■
15. AUTHORIZE TRANSFER
OF FUNDS:
from Fee Waivers to
line -item account:
"Cnntrihution for CETA
reimbursement" - To reimburse
CETA Consortium for audit exceptions
Mayor Ferre: Plummer moves 22, Reboso seconds, any questions about that?
I assume that, that has to do with that audit that was taken for the CETA
Consortium and all that. Ok, further discussion, call the roll on 22.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-590
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE GENERAL
FUND, SPECIAL PROGRAMS AND ACCOUNTS, FROM "FEE WAIVERS" TO A NE?,'
LINE - ITEM ACCOUNT ENTITLED: "CONTRIBUTION FOR CETA REIMBURSEMENT;"
FOR THE PURPOSE OF REIMBURSING AN AMOUNT OF S7,747 TO THE SOUTH
FLORIDA CETA CONSORTIUM FOR AUDIT EXCEPTIONS.
(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
Authorize City Manager
16. to enter into 1 - year MC DONNELL DOUGLAS
contract with: AUTOMATION COMPANY -
reporting system & software for
Workmen's Compensation & Liability
S stem
Mayor Ferre: Mrs. Gordon, do you want to move that study on workmen's
compensation?
Mrs. Gordon: Yes.
Mayor Ferre: Mrs. Gordon moves.
Rev. Gibson: Second.
Mayor Ferre: Father Gibson seconds, further discussion on 23, call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-591
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A ONE-YEAR CONTRACT WITH RENEWAL
OPTION WITH McDONNELL DOUGLAS AUTOMATION
COMPANY TO IMPLEMENT A REPORTING SYSTEM AND
THE PURCHASE OF SOFTWARE FOR THE B6800, FOR
WORKMEN'S COMPENSATION AND LIABILITY, DEPARTMENT
OF FINANCE, RISK MANAGEMENT DIVISION, AT A
MAXIMUM CHARGE OF $2,500 PER MONTH AND ALLOCATIING
THE SUM OF $30,000 FROM THE INSURANCE FUND
TO COVER THE COSTS OF THE IMPLEMENTATION OF
SAID REPORTING SYSTEM.
r-;
4
1
1
•1
(Mete 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:
AM: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferret
NOES: Mr. Plummer.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: I have to be a little clearer, the Mayor says t►ove-fo
study, that is not what I'tn reading on the agenda.
Mayor Ferre: I'm sorry, a one year contract with McDonnell Douglas Automation
Company to implement the Workmen's Compensation and Liability System. I'm
sorry, I stand corrected.
Mr. Plummer: I vote "no" for the following reason. I have been informed that
this can be done in house an awful lot cheaper, that the records are available
in the City Attorney's Office, could be pin -pointed for a lot less money and I
just don't think that it is necessary to go out and spend $30,000 when it could
in fact be done in-house for a lot less money.
Mrs. Gordon: Is that a fact, Mr. Grassie?
Mr. Grassie: I don't believe so Commissioner , but let me ask Jim Gunderson
to speak to it since he is more and personally informed than anyone else.
Mayor Ferre: You know, before you do that, J. L., workmen's compensation is
a very complicated world and that's, you know, that's like saying we are going
to do architectural in-house, but we don't have that kind of capacity and when
you get into very specific things that are complicated in nature like workmen's
compensation, you know, that's a very, very, very, touchy item. I think we
need to get the best experts that we can on that.
Mr. Plummer: Mr. Mayor, do you understand what this is... obviously, you don't.
This is nothing more than to compile records, that's all this is. It's to compile
records so that they can have it to put on computers.
Mr. Grassie: Well, but let's talk about the nature of the records and also the
kind of backup and national experience which is made available in this process.
Mayor Ferre: Go ahead.
Mr. Gunderson: Members of the Commission, the need for reporting as I outlined
in the memorandum, is one that we cannot now undertake with the limited personnel
that we have on a timely basis. The reports that we have to generate have to
be on July 1 and January 1. We are currently receiving memorandums from the
Industrial Commission that we are late reporting continuously. But the more
important things outside of the reporting area , are that it will provide us
with third party recoveries, whereas at the present time we have a very hap-
hazard approach to being able to audit and recover from people who have had
accidents and are found subsequently owing the City in various forms,whether
it would be running into a fence or running into one of our cars and we have
the recovery responsibility. We are not getting all of our money back because
we do not have an automated way of controlling this and...
Mayor Ferre: That's not the question. The question is can we do it in-
house.
Mr. Gunderson: Ok, we can do it in-house,as I indicated before, if we would
get additional personnel. We don't have additional personnel.
Mr. Plummer: Then the final question has to be Mr. Gunderson, can you get
additional personnel and do it cheaper than the $30,000 as proposed?
Mr. Gunderson: No, and not do all the same things.
Mr, Plummer: Garbage in, garbage out. Mr. Mayor, my vote has not changed,
Mayor Ferre: Ok, further discussion? Alright, continue on the roll call.
t; F d 44.
17. AUTHORIZE CITY S:G1 AGREEMENT WITH ST. CF FLA-
DEPT. OF COS i U : ' F''._ E PENT GRANT APPLICATION
FOR CHILD SERVICES DAY CARE PROGRA .
Mayor Ferre: Alright, we are now... 24, will wait for this afternoon, right?
25, it authorizes the Manager to sign an agreement with the State of Florida
Department of Community Affairs implementing the grant application for the
City Child Services.
Mrs. Gordon: I move that.
Mayor Ferre: Moved by Rose Gordon, second by Gibson, further discussion on
25, call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-592
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA
-DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA
FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES
ACT IMPLEMENTING A GRANT APPLICATION FOR THE
CITY CHILD SERVICES DAY CARE PROGRAM USING CASH -
MATCH FUNDS THEREFOR FROM FEDERAL REVENUE
SHARING FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
.adopted by the following vote:
AYES:
NOES: None.
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
18. APPOINT 2 MEMBERS TO: Dade -Miami Criminal
Justice Planning Council
Mayor Ferre: Alright, who are the two members that we are going to
appoint to the Dade -Miami Criminal Justice Planning Council for the record?
Mr. Plummer: What?
Mayor Ferre: We are appointing two additional members.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Grassier You remember Mr. Mayor, that the reason this came up is because
when the Criminal Justice Planning Council came to the City Commission
requesting funds, that this City Commission asked for further partici.pat4.on
by you body and they have now changed their Board position to
provide two additional places for City Commissioners.
49
Mayot Fetre: Well, we use to have one and Reboso served on it fot a long Wine,
tight?
Mts. Gordon: Aren't you still on it, Manolo?
Mt, Grassie: Yes, and he would not be displaced, this
Commissioners.
Mayor Ferre: You mean, in addition to Reboso, we have two mote?
Mr. Grassie: Yes, sir.
Mrs. Gordon: Yes.
Mr. Grassie: That's what you asked for.
Mayor Ferre: J. L., do you want to serve on that?
Mrs. Gordon: Do you have any problem with the sunshine
open meetings?
Mr. Grassie: They have open meetings and they have...
members of the County Commission there, they will have
judges andyyou know, all sorts of officials that serve
Mayor Ferre:
business? Do they have
they will have three
all kinds of elected
on this.
Alright, will any... would you like to serve
Mrs. Gordon: How often do they meet?
Mr. Grassie: About once a month.
Mr. Reboso: Once a month.
Mrs. Gordon: How long? For a half a day or what?
Mr. Reboso: Three hours to four hours.
Mrs. Gordon: Any particular day of the week?
Mr. Reboso: No. Not specific.
Mrs. Gordon: Well, I'll give it a whirl. I
but...
on this?
really don't need any more committees
Mayor Ferre: Father, do you have any interest in it? Alright, then Gibson
moves and Reboso seconds that the two additional members from the City of
Miami to serve on the Dade -Miami Criminal Justice Planning Council be Commissioner
Rose Gordon and Commissioner J. L. Plummer, further discussion on 26, call
the roll, please.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 78-593
A RESOLUTION APPOINTING COMMISSIONER ROSE
GORDON AND COMMISSIONER J. L. PLUMMER TO
SERVE ON THE DADE-MIAMI CRIMINAL JUSTICE
PLANNING COUNCIL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Reboso, the resolution was passed and
adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
50
SEr 20';2'!E
MM
MM
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Mayor Ferre: Now, are we :3q to c �.,� �....�--=_ .:oes anyb dy
have any recommendation:
Mr. Plummer: Hold it until t'rais
19.
Bankers Life & Casualty Company
(Jose:)(Jose:)h Lowery & Associates- Agent) -
ACCEPT BID: ACCIDENTAL DEATH INSURANCE for
City Employees
Mayor Ferre: Now, we are cn 2
and Casualty through Joseph R.
Death Insurance of $20,000 for
recommends. Mr. Reboso moves,
item 28, call the resolution.
8 now, accepting the bid from Banker's Life
;:owery S Associates providing Accidental
City of Miami Employees. The City Manager
Father Gibson seconds, further discussion on
The following resolution was introduced by Vice -Mayor Reboso, who moved
its adoption:
RESOLUTION NO. 78-594
RESOLUTION ACCEPTING THE BID FROM BANKER'S LIFE &
CASUALTY COMPANY THROUGH ITS LOCAL AGENT JOSEPH R.
LOWERY & ASSOCIATES, FOR PROVIDING ACCIDENTIAL DEATH
INSURANCE IN THE AMOUNT OF TWENTY THOUSAND ($20,000)
DOLLARS FOR CITY OF MIAMI EMPLOYEES FOR THE PERIOD
FROM OCTOBER I. 1978 THRU SEPTEMBER 30, 1979, AT AN
ESTIMATED ANNUAL PREMIUM OF TWENTY SEVEN THOUSAND
($27,000,00) DOLLAP';, 'WHICH IS BASED UPON FORTY-SIX
(460 CENTS PER EMPLOYEE PER MONTH TIMES THE NUMBER
OF EMPLOYEES WORKING FOR THE CITY OF MIAMI, FLORIDA
ON OCTOBER 1, 1978, WITH AN OPTION TO RENEW FOR AN
ADDITIONAL TWO (2) YEAR PERIOD, AT THE SAME PRICE,
BY MUTUAL AGRL-'EMEN
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution
adopted by the following vote:
AYES:
NOES: None.
was passed and
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
20. ACCEPT BID: Coconut Grove Business Area Highway
Improvement I3-4408 Bids "A" and "B'
Mayor Ferre:
moves...
Mrs. Gordon:
Mayor Ferre:
On 29, which is
the Coconut Grove Business Area... Father
Revz Gibson:
Mayor Ferre:
Second.
further diSCUSsi it, tail the roil.,
The following resolution was introduced by Cot tissioner Gibe'
its adoption:
Upon being
adopted by the
AYES:
RESOLUTION NO. 78-595
A RESOLUTION ACCEPTING THE BID OF
MARKS BROTHERS CO. IN THE AMOUNT OF
$748,150.80 FOR THE COCONUT GROVE
BUSINESS AREA HIGHWAY IMPROVEMENT
B-4408 (2ND BIDDTNG) - BIDS "A" AND
"B"; WITH FUNDS ALLOCATED FROM THE
ACCOUNT ENTITLED "HIGHWAY G. 0. BOND
FUNDS" IN THE AMOUNT OF $748,150.80;
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and o
in the Office of the City Clerk).
seconded by Commissioner Gordon, the resolution was passed and
following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A Ferre
21. ACCEPT BID: Coconut Grove Business Area Highway
Improvement B-4408 - Bid "C"
Mayor Ferre: Rose Gordon moves 30, Plummmer seconds, further discussion,
call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
Upon being
adopted by the
AYES:
RESOLUTION NO. 78-596
A RESOLUTION ACCEPTING THE BID OF
P.N.M. CORPORATION IN THE AMOUNT OF
$88,764.14 FOR THE COCONUT GROVE BUSINESS
AREA HIGHWAY IMPROVEMENT B-4408 (2ND
BIDDING) - BID "C"; WITH FUNDS ALLOCATED
FROM THE ACCOUNT ENTITLED "HIGHWAY G.O.
BOND FUNDS" IN THE AMOUNT OF $88,764.14;
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
seconded by Commissioner Plummer, the resolution was passed and
following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A, Ferre
2 1 ,3
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MMEW
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52
Mayor Ferre:
the roll.
Reboso moves 31, Plummer seconds, further discussion On 31, call
The following resolution was introduced by Vice -Mayor Reboso, who moved
its adoption:
Upon being
adopted by the
AYES:
RESOLUTION NO. 78-597
A RESOLUT1C'.; ACCEPTING THE BID OF RECIO
AND ASSOCIATES, INC. IN THE AMOUNT OF
$44,587.00 Fri. THE COCONUT GROVE BUSINESS
AREA HIGHi AY IMPROVEMENT B-4408 (2ND
BIDDING) - YID "D" AND ADDITIVE ITEMS
11, 12, AND 13; WITH FUNDS ALLOCATED FROM
THE ACCOUNT ENTITLED "HIGHWAY G.O. BOND
FUNDS" IN THE AMOUNT OF $44,587.00; AND
AUTHORIZING TEE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here fo11r,:K rody of resolution, omitted here and on file
in the Office of the City Clerk).
seconded by Commissioner Plummer, the resolution was passed and
following vote:
Commissioner J. L. Plummer, Jr.
Cot-Issioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
\iic€-Mayor Manolo Reboso
Mayor Maurice A. Ferre
Mayor Ferre: Take up item 32, Bayfront Park Auditorium re -roofing, Father
Gibson moves, Plummer seconds, further discussion, the Manager recommends,
call the roll.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 78-598
A RESOLUTION ACCEPTING THE BID OF THE ZACK
COMPANY IN THE AMOUNT OF $42,451.00 FOR THE
BAYFRONT PARK AUDITORIUM - REROOFING (2ND
BIDDING); WITH FUNDS ALLOCATED FROM THE
ACCOUNT ENTITLED "STADIUMS AND MARINAS
BUDGET ENTERPRISE FUND RESERVED FOR CAPITAL
IMPROVEMENTS" IN THE AMOUNT OF $42,451.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner 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
With Developer of HOTEL AT
CITY OF MIAMI ,UNIVERSITY OF
24. AUTHORIZE CITY MIAMI,JAMES L. KNIGHT
MANAGER TO EXECUTE CONFERENCE CENTER
REVISED LEASE AGREEMENT:
Mayor Ferre: Alright, Rose Gordon moves 33, Father Gibson seconds with
the condition that if anything changes between now and 12 o'clock tomorrow
we will hold a Special Commission Meeting, with that proviso, further discussion
on resolution of item 33, call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-599
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDED LEASE AND AGREEMENT
WITH MIAMI CENTER ASSOCIATES, LTD., THE
PRIVATE DEVELOPER OF THE HOTEL AT THE CITY'S
CONFERENCE/CONVENTION CENTER INCORPORATING
ALL THE MODIFICATIONS, CLARIFICATIONS AND
AMPLIFICATIONS AS PER THE ATTACHED
AMENDMENT NO. 1.
(Here follows body of resol•ition, 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:
MS; Mrs, Gordon, Mr. Plummer, Rev. Gibson, Mr. Reboso and Mayor Ferre.
NOES; None.
54
MEM
MEM
•
1
l
,~..'SON S to provide
Funcis to complete
AUTHORIZE CITY :MANAGER CITY OF MIAMI,
25. TO DEVELOP FINANCIAL PLAN UNIVERSITY OF MIAMI,
FOR: J.L.KNIGHT CONFERENCE CTR.
Mayor Ferre: With the same proviso in item 34, Plummer moves, Gibson seconds,
call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
Upon being
adopted by the
AYES:
NOES: None.
RESOLUTION NO. 78-600
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO DEVELOP A FINANCIAL PLAN FOR A REVENUE
BOND TO OBTAIN FUNDS REQUIRED FOR COMPLETION
OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER AND
REQUESTING THE CITY MANAGER TO REPORT BACK
TO THE CITY COMMISSION WITH THE AFORESAID
AUTHORIZED COMPLETED FINANCIAL PLAN WITHIN
60 DAYS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
seconded by Commissioner Gibson, the resolution was passed and
following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner. (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
•
26. ESTABLISH CITY COMISSION POLICY -
"ESTABLISHING FEE WAIVERS."
4 •M4s
Mayor Ferre: In the fee waivers we have already taken a position earlier today,
any discussion on that? Reboso moves and Gibson seconds item 35, further
discussion, call the roll.
The following resolution was introduced by Vice -Mayor Reboso, who moved
its adoption:
RESOLUTION NO. 78-601
A RESOLUTION ESTABLISHING THE POLICY OF THE
CITY COMMISSION COVERING THE WAIVER OF FEES
FOR USE OF CITY FACILITIES AND EQUIPMENT IN
ACCORDANCE WITH THE HEREIN ATTACHED STANDARDS
OF CRITERIA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES; Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mr. Reboso and Mayor Ferre,
NOES; None.
MMEM
mmem
MERV
mmom
y owL!'t a`,
27. ESTABLISH CITY COMMISSION POLICY -
"REGARDING SUPPORT FOR FESTIVALS."
•
Mayor Ferre: With the proviso stipulated by Commissioner Plummer and Mrs.
Gordon this morning on item 36, Mrs. Gordon moves, Plummer seconds, further
discussion on 36, on the resolution, call the roll.
The following resolution was introduced by Commissioner Gordon, who Moved
its adoption:
RESOLUTION NO. 78-602
A RESOLUTION ESTABLISHING THE POLICY OF THE
CITY COMMISSION COVERING CITY PARTICIPATION
IN AND SUPPORT OF FESTIVALS, CULTURAL AND
SPORTS EVENTS WHICH ARE PLANNED AND OPERATED
BY LOCAL CITIZENS AND BUSINESS ORGANIZATIONS
IN ACCORDANCE WITH THE HEREIN ATTACHED
STANDARDS AND CRITERIA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Mayor Ferre:
this afternoon.
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
I think the consent agenda, we are going to have to wait until
Mr. Plummer: Oh, yes, it's your last item of the day.
Mayor Ferre: Alright, now, we then have two...
Mr. Plummer: Mr. Mayor, it is appropriate at this time, that you ask if
any Commissioner or members of the public wishes for anything to be pulled
from the consent agenda.
Mayor Ferre: No, `7e are not going to vote on it until this afternoon.
Mr. Plummer: No, sir, to be pulled from for discussion.
SFF ,a;.`
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23.
Av:THORI i . ..II ;ER. Co.v_i(itT WITH PROCESSIONAL
CONSULTI G SERVICES -
"MIAIII RIVER TUNNEL ALTERNATIVE"
Mayor Ferre: Now, Mr. Grassie has an additional item with regArds to the Miami
River crossing alternatives. Mr. Grassie?
Mt. Grassie: This item Mr. Mayor, is...
Mayor Ferre: You have a... excuse me, if you have a inemotattdum taouid yo0
pull it out so that... it was passed out...
Mr. Plummer: one eye within a sneaky Pete.
Mayor Ferre:
It looks like this, it was just passed out this mornittg.
Mr. Plummer: It got changed after the sneaky Homan.
Mayor Ferre: Somewhere... would you get that out? Ok, Mr. Grassie?
Mr. Grassie: This item Mr. Mayor and Members of the Commission, is thrusted
upon us as it were by a deadline from the State Highway Department in that...
Mayor Ferre: You better explain what it is.
Mr. Grassie: They are conducting a study on the transit alternatives which
Ai are applicable to the Dupont Plaza and the crossing of the Miami River Downtown.
Now, they are in the final phases of preparing a plan under State funding
which will really condition the way in which millions of dollars will be spent
in this community in attempting to solve the question of crossing the Miami
River, whether or not bridges such as the Brickell Avenue bridge are going to
be rebuilt, whether or not that bridge will be of four lanes, six lanes or
some other configuration and also, of course, would make it either possible
or would probably preclude for all time, the possibility of getting any State
and Federal Fundings for a tunnel crossing of the River. Now, because of the
deadline that has been imposed on us, we are suggesting that the City in
cooperation with the Downtown Development Authority, do a professional analysis
of those alternatives and avail itself of the opportunity that has provided the
City to comment on the State consultants' Report so that the vosition of the
City and the best interest of the City will be reflected in that final report.
Now, in order to get that done within the next 45 days, we are proposing to
engage the best consultants that we can who have knowledge of this problem
and make as useful a comment on the State to report as possible. We are
• suggesting that you authorize us to negotiate an agreement with the consultant
in a sum not to exceed $30,000...
Mayor Ferre: I doubt if you can get them for that.
Mr. Grassie: ... with $10,000 to come from the DDA.
Mrs. Gordon: Thirty from us and ten from them?
Mr. Grassie: No, twenty from us...
Mrs. Gordon: Twenty?
Mr. Grassie: Not more than twenty from us and not more than ten. from them,
Mrs. Gordon: Which fund are you going to have to use for that?
Mr. Grassie: It would have to come out of contingencies.
Mr. Plummer: The Folk Festival, Rose.
Mr. Grassie: Yes.
Mayor Ferre: Well, who you... you have to get,., there are only about four or
five of a half a dozen people ih the world, that are knowledgeable itt this
you know,...
Mt. Gtassie: That's true.
Mayor Ferre: ... and in... you know, you are talking about firms like Bechtel
or Morrison-Knudsen or some of these big French companies. Have you made any
head contacting any of those people?
Mr. Grassie: The DDA staff, Roy Kenzie specifically,has that as his assignment.
Mayor Ferre: Ok. Well, is there a motion?
Mr. Reboso: I like the idea.
Mayor Ferre: Alright, Reboso moves, is there a second?
Mr. Plummer: Well, Mr. Mayor, let me... I will second the motion for discussion.
Mayor Ferre: Alright, under discussion Plummer, go ahead.
Mr. Plummer: Mr. Mayor, you know, I hope what we are not doing Mr. Grassie,
and I have to give you some history. Mr. Grassie, this is not the first time
this Commission or this community has heard what we all would like to see,
which in this instance, is a tunnel.
Mayor Ferre: Which is a tunnel.
Mr. Plummer: But it's like the old famous plan for downtown, you know, we
all would love to see the Doxiades Plan...
Mayor Ferre: No, we wouldn't.
Mr. Plummer: ... for Downtown but, you know what?, we didn't have the $300,000,000.
Mayor Ferre: It's a chicken/egg situation, J.L.
Mr. Plummer: The last time that we talked about the tunnel, the prices had
tripled and we couldn't afford it then and they probably now have gone tenfold
and no more could we afford it now. Now, I hope we are not going to conduct
a study centered on something that we can't afford, that everybody would
want, but more that the study would center upon that which is reality and
can becomeyyou know, a reality. So, I give you that because I want you to
know I have attented, I think either two or three great press conferences
by the State of Florida announcing their plans for this project, that yet
have ever become a reality and I hope that we are not making now for a third
press conference to follow the same history.
Mayor Ferre: Yes, but J. L., I will tell you, that doesn't mean that we don't
stop trying because the problem still exists and the point simply is:this.
If this City and this community had had the guts and the vision and the...
you know, strength to do to this tunnel fifteen years ago, like Fort Lauderdale
did when Monahan or whatever his name was, the State Road guy and Colonel
Manuel... and they pushed all that thing through and they got it done. And what
did we do in Miami?
Mrs. Gordon: Nothing.
Mayor Ferre: Well, you know, the Miami Herald cut us apart on one side and
the Miami News cut us apart on the other side, the Chamber of Commerce
fought forever, the County wouldn't help, the City of Miami went the other
way and you know what happened? Nothing. And here we are fifteen years later
still arguing about it.
Mrs. Gordon: Eighteen years, because it was before the death of Abe Aronowitz
because he was a proponent. Yes, I remember that, it was about 1958, twenty
years ago exactly.
Mr. Plummer: Well, Rose, what I'm saying is I hope the bottom line of this
study is something recommended that it's going to work and not utopia again.
Mayor Ferre: In those days it wasn't Maurice Ferre, it was Abe Aronowitz
wasn't John , it was John Pennekamp and John Pennekamp tore up poor
up one side and down the other and the Miami Herald was wrong
Abe Aronowitz
58
S►.t' 4 1-;7:
then as it is now on most of these editorials that they write, And all toe heed
to do is just stop paying attention to that page and get oh with the busihess of
this community.
Mr. Plummer: I enjoy the Maurice Ferre public relations.
Mayor Ferre: Well, in the meantime, we have a motion and a second, further
discussion to go out and see if we can build a tunnel at last. Abe Aronowitz, where
are you? I want you to help us out right now.
The following resolution was introduced by Vice -Mayor Reboso, who moved
its adoption:
Upon being
adopted by the
AYES:
RESOLUTION NO. 78-603
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT FOR PROFESSIONAL
CONSULTING SERVICES NOT TO EXCEED $30,000
FOR THE IMMEDIATE STUDY AND EVALUATION OF
A MIAMI RIVER TUNNEL ALTERNATIVE IN THE
BISCAYNE BOULEVARD/BRICKELL AVENUE CORRIDOR,
USING FUNDS CONTRIBUTED BY THE DOWNTOWN
DEVELOPMENT AUTHORITY IN ADDITION TO
BUDGETED FUNDS OF THE PLANNING DEPARTMENT,
WITH THE LATER FUNDS NOT TO EXCEED $20,000.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
seconded by Commissioner Plummer, the resolution was passed and
following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mrs. Gordon: Do we go to lunch now?
Mr. Plummer: 2 o'clock.
Mayor Ferre: Is there anything else? I'll tell you what,if you will give
me two minutes, I will give you my two minute lecture now, when we are
anxious to go so I won't have to do it... if I do it this afternoon it will
be ten minutes. Do you want to hear my lecture? Or do you want to hear it
this afternoon.
Mrs. Gordon: Well, I'll settle two for seven.
Mayor Ferre: Well, take your choice. I'll give you my three minute speech
now or...
Mrs. Gordon: Two you said.
Mr. Plummer: You said two.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, do you want to hear it now or later?
Mrs. Gordon: Two minutes if you hold to it.
Mr. Plummer: Mr. Clerk, put the clock on.
59
29. BRIEF DISCUSSION:
ADOPTION OF FISCAL YEAR 1973-79 BUDGET.
Mayor Ferre: Alright, here is what I want to tell us all. I think if
we can we should pass the budget today. Now, I just want you to think
about this. Now, there are items that we haven't settled and they are basically
in two general areas. One is the whole welfare and social area which deals
with such things as PROC , Douglas Center, Community Schools etc., etc. Now,
that's one area that we have to deal with. The Manager, I think is going to
tell us, I hope that he is confident, that he has found solutions for most of
these, even though there is still one or two that have to be solved. I think
that we can deal with that separately and solve them, I would hope. The other
area that hasn't been settled, is the question of the negotiation going on with
the employees and the question is to whether or not we are going to reserve
something or not reserve it. Now, if we go and dip into the Florida Power
and Light funds to do it, we can always do that, you know and therefore what
I'm saying is that with the exception of those two very important areas, I
don't see that we have that much of a controversy. Now, and my point is that
I think it would be simpler to try to pass this today and we can always come
back and deal with those areas that haven't been dealt with since... Now, the
alternative of not passing it today, since our situation kind of runs out now
at the end of... on Sunday or Saturday, that we would then have to pass a whole
series like we have done and go on this hand-to-mouth bit like we always do...
we always end up in the same place anyway and we all end up looking foolish,
I think. And I think and I would recommend that over the lunch hour you think
about that and that we try to approach it positive.
Mrs. Gordon: Alright, we will talk about it later then, now. Ok.
WHEREUPON the City Commission recessed at 12:00 P.M.
and reconvened at 2:20 P.M., with the following members
of the Commission found to be present:
Rev. Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre.
ABSENT:
Mrs. Gordon
PRESENTATIONS
1. Presentation of a Proclamation to Fire Chief Herman W. Brice designating
the week beginning Sunday, October 8, 1978 as "National Fire Prevention
Week".
2. Presentation of a Proclamation to Sir Knight Carmen Bravo and Sir Knight
Frank Pellicoro designating Saturday and Sunday, October 14 and 15, 1978
as "Christopher Colombus Observance Days".
. Presentation of a Proclamation to Mrs. Aida Levitan, Director of the Office
of Latin Affairs, designating the week beginning Friday, October 6, 1978
as "Hispanic Heritage Week."
4. Presentation of a Proclamation to Major Edward C. Steele, Florida National
Guard, designating the month of September as "Get A Member in September
Month."
5. Presentation of a Certificate of Appreciation to Cedalia Castano Olszyk
for here tireless efforts on behalf of the Hispanic Artists in this
community. She founded the Petit Gallery at Burdine's stores.
6. Presentation of a Proclamation to Jacinto Calderin, President, of the
Municipality of Guamacaro in exile, designating Sunday, October 22, 1978,
as "Dia del Guamacareno Ausente."
S E P 4 i►47i'
30. GRANTING A WAIVER OF
CONFLICT OF INTEREST
TO:
SKBB, INC. CONCERNING "ARCHITECTURAL
DESIGN SERVICES -FIRE STATION P9."
•
: Thank you Mr. Mayor and Commissioners. I would like to have
Deputy Chief McCollough describe this process to you since he was the one that
was involved through the whole course. So, Chief McCollough if you would please.
Mayor Ferre: Chief?
Deputy Chief McCollough: Before I get into the process of selection I would
like to introduce the gentlemen that represent the architectural firms which
our committee selected for the design of the three fire stations under the
bond program. Mr. Borman, from SKBB,Mr. Bouterse,-Bouterse, Perez and Fabregas,
and Taquechel, from Taquechel and Associates. About a month ago, we decided to
go to design for our three fire stations to the general public, to the architec-
tural community. On September 3 we advertised in the Miami Herald for letters
of interest. It was in the Dodge Report and we asked that letter of interest be sub-
mitted to us by September 13. We had 35 architects apply out of 195 letters which
we sent out. We established a committee, a 7-man committee, made up of Mr. Salman,
the Building Director, Mr. Crouch, an engineer, and a previous Assistant City Mar.
Mr. McManus, Assistant Director of the Planning Department, John Caipini, a
plans examiner in the Fire Prevention Bureau, Don Stewart, Risk Mananger for
the City, Morris Kaufman, Assistant to the City Mananger with an engineering
background, and myself as the chairman. On the 15th, we selected 7 outstanding
firms, using a method which we had devised for scoring to make presentations
before this same committee. On the 26th these 7 organizations made presentations
to this committee, and before you today you have the selections of the committee
to do the outside design. If you'd like, I could take just a minute and explain to
you the selection method.
Mayor Ferre: How many fire stations do we have?
Chief McCollough: We are going for three fire stations to the bond program.
Mayor Ferre: In other words, each firm will be doing one of the fire stations.
Chief McCollough: Yes, sir. We've recommended SKBB for Station 9 on 62nd
Stree':; Bouterse, Perez and Fabregas for Station 4 on S.W. 2nd Avenue; and
Mr. Taquechel and Associates for the station which we still don't have a
location for in the western Little Havana area.
Mayor Ferre: All right. Do you need a motion at this time?
Chief McCollough: Yes, sir.
Mayor Ferre: All right. Mrs. Gordon moves, Commissioner Reboso seconds it.
Further discussion on item #24 as presented?
Mr. Grassie: Mr. Mayor, we do have a conflict of interest resolution which
we would like for you to adopt before this action, because one of the architects
serves on a city board.
Mayor Ferre: What board does he serve on?
Mr. Grassie: On the Urban Development Board, sir.
Mayor Ferre: The Urban Development Board, and I assume that is Mr. Alvarez. No?
Glenn Buff, Okay.
Mrs. Gordon: I don't see any conflict there.
Mayor Ferre: Mrs. Gordon moves, rather Gibson seconds the resolution, a waiver
for Glenn Buff who now serves on the Urban Development Board to be a recipient in
this partnership, of this architectural award. Is there further discussion?
Call the roll.
61
The taiThwitg resolution wet introduded by ComMissibfew Gdfddfi w
ed lts adoption:
RESOLUTION NO, 78-604
A RESOLUTION GRANTING THE FIRM OF SKBB INC A WAIVER GE
THE CONFLICT OF INTEREST REQUIREMENT OF THE CITY CODE
IN ORDER THAT THEY MAY BE AWARDED A CONTRACT FOR ARCHI-
TECTURAL DESIGN SERVICES FOR FIRE STATION NO. 9
(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
passed and adopted by the following vote
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
31. APPROVING MOST QUALIFIED CONSULTING FIRMS TO PROVIDE
PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR
"FIRE STATIONS NOS. 4, 9 and 14."
r 5,
-1.
Mayor Ferre: Now on the other motion,... moved by Mrs. Gordon, Reboso seconded
the resolution approving,...these three architectural firms to do the work as
recommended by the Chief and the committee in the selection process which I am
glad is functioning at this time. Without further discussion, call the roll.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 78-605
A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO
PROVIDE PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR
THE DESIGN AND CONSTRUCTION OF FIRE STATIONS NOS. 4, 9 AND 14;
AUTHORIZING THE CITY MANANGER TO UNDERTAKE NEGOTIATIONS WITH
THE MOST QUALIFIED FIRMS TO ARRIVE AT CONTRACTS WHICH ARE FAIR,
COMPETITIVE AND REASONABLE; AND ALLOCATING $160,000. FROM FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUNDS TO
COVER COST OF SAID CONTRACTS; AND DIRECTING THE CITY MANANGER
TO PRESENT EXECUTED CONTRACTS TO THE COMMISSION AT THE EARLIEST
SCHEDULED MEETING OF THE COMMISSSION AFTER THE EXECUTION OF
CONTRACTS, FOR RATIFICATION AND APPROVAL OF THE COMMISSION
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso , the resolution was
passed and adopted by the following vote
AYES:
NOES; None.
Mayor Ferre; Thank youChief. Thank you gentlemen.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
4
SP2
32. REFER REQUEST FOR USE OF BAYFRONT PARK AUDITORIUM FOR
"TOYS FOR TOTS" EVENT TO THE CITY MANAGER.
Mayor Ferre: Now we have,...the Marine Corps is here. I would like to
ask Captain Shields to step forward if you would please. Now, I have good
news and bad news for you. Now the good news is that .I,think....I am sure
this Commission wants to help you. The bad news is we just passed the
resolution this morning which precludes us from doing what we were doing
in the past, which is to give you the auditorium without charging a fee.
But there's a solution. Now, Mr. Grassie, ••
Mr. Grassie: Yes, sir.
Mayor Ferre: ..as you know we function with Gusman Hall in a way that, what
we do is we have established a fund of about $10,000. from which we let the
administration decide which of the worthy projects that we will sponsor and
actually pay for the fee. Now, I think the way to solve this problem is to put
some criteria,..and the criteria I think has got to be that whoever we recommend
to your commitee to look into, that they, be people that are giving something
to the community. Now, in this case the Marine Corps is going to give toys to
underprivileged children, and I think that's got to be the basic criteria. In
16 other words, I don't think we should ever waive fees to the Puerto Rican Demo-
cratic organization or the Mail Carriers, FOP or anybody unless the,..not the
organization, but the useage of the hall itself is for the purpose of something
that is beneficial and gives to the Community. To that end, we should establish
a maximum. We are losing, as I recall 200 thousand dollars a year in that auditorium.
Would $10,000. be unreasonable?
tr. Grassie: No, I don't believe it would sir.
Mayor Ferre:Or is that too high?
Mr. Grassie: I am assuming it would apply to other facilities on which fee
waivers would be requested also.
Mayor Ferre: Sure.
Mr. Grassie: Any facility that would fall under your policy and,...
Mayor Ferre: They would have to come before the Commission and we would then
have to recommend them to you. Okay? Or you don't want to do it that way?
Mr. Grassie: No. I'd be happy to have it done that way but if they come to the
City Commission and you recommend them to me it would seem that it would be
very difficult to us then to turn them down.
Mayor Ferre: I see.Okay. You got the picture. In other words these are people
that will be.....so in other words you will then be dealing with the adminstration
and we will do it that way. Is that acceptable? Okay? See what our problem is?
Okay.
Unidentified: Yes, sir.
Mayor Ferre: Okay. Mr. Reboso moves, Father Gibson seconds. First of all the
motion that establishes that procedure. Okay. Further discussion. Call the roll.
SEP. 3
mimrr
the Following motion was introduced by Commissioner Reboso who
mi Ved its adoption:
MOTION NO. 78-606
A MOTION REFERRING TO THE CITY MANANGER A REQUEST BY CAPTAIN
JOHN SHIELDS, U.S. MARINE CORPS FOR THE USE OF BAYFRONT PARK
AUDITORIUM FOR THE ANNUAL "TOYS FOR TOTS"EVENT
Upon being seconded by Commissioner Gibson , the motion was passed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr,
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: All right, Captain, you are now in the hands of the City Mananger.
Captain Shields: Thank you. Mr. Mayor may I say something very briefly. Personally
I want to thank you and the Comnissioners,...I have been up here four years in a
row now, and I ran the program for the last two years. I believe you know I am
graduating from law school in January, and because of other pressures,I have
the bars on, I am stepping down the chairmanship. Major Tifford who had to leave,
and gunnery Sergeant Bob Cummings are taking the two 'Toys for Tots' roles that
I've had in the past. I just want to thank you for your help to me personally,
to the children. I'll still be working but not in charge of the program.
Mayor Ferre: Captain, its the other way around. We have to thank you for you
dedication, and that of your associates in the Marine Corps for the wonderful
job you've done. I am going to congratulate you in your forthcoming graducation.
Captain Shields: Thank you very much.
Mayor Ferre: We look forward to seeing you active in the legal profession.
Captain Shields: Thank you sir. I appreciate that. We will be in touch with
Mr. Grassie.
Mayor Ferre:Thank you very much.
33. PUBLIC HEARING: CONFIRMING ORDERING RESOLUTION AND AUTHORIZING
CITY CLERK TO ADVERTISE FOR SEALED BIDS -
CITY-WIDE "SANITARY SEWER EXTENSION IMPROVEi•1ENT-
SR-5443-C."
a•�
Mayor Ferre: It is 2:30 and we have the public hearing resolution on
Item 4. Is there anybody here that wishes to speak to the Commission on
item 4? All right. If not, Father Gibson moves, Mrs. Gordon seconds, further
discussion? Call the roll on item #4.
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 78.607
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 78-487
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF CITY WIDE SANITARY SEWER
EXTENSIONS IMPROVEMENT SR-5448-C (CENTERLINE SEWER)
IN CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT
DISTRICT SR-5448-C (CENTERLINE SEWER)
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon , the resolution was
passed and adopted by the following vote
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
34. SEMI-ANNUAL PUBLIC HEARING - TRANSFERS OF CERTIFICATES
OF PUBLIC CONVENIENCE AND
NECESSITY.
Mayor Ferre: Mr. Plummer moves Item #5. Father Gibson seconds. Is there anybody
here on item 5 who wishes to speak to the Commission? Anybody wish to be heard
on item #5?
Mr. Plummer: Normal Mr. Mayor,...if Sgt. Campbell would leave the Fire Chief
alone and come to the microphone and indicate that you approve this item #5?
St. Campbell: Yes, sir. I am Sgt. Campbell with the Cab Bureau in the Police
Department,...
Mr. Plummer: I move it.
Mayor Ferre: Now, Plummer has had his fun for the afternoon. maybe it
easier.
Mr. Plummer: If you don't get on the record you don't get paid.
Mayor Ferre: Go easier now. Call the roll.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-608
A RESOLUTION TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE
AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon bein§ seconded by Commissioner Gibson y the 'eSolutio
Was 'patted acid adopted by the following vote
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
Rev, Gibson: Mr. Mayor while they are here, may I raise a question?
Mayor Ferre: Excuse me for a second before I forget. Joe, I don't see Lew here.
Will you have somebody make a note to talk to the Publicity Department.
Unidentified: Lew is here.
Mayor Ferre:I didn't see him. I think we ought to do something for Captain
Shields because he nas worked very nicely. We ought to recognize that. It is
completely volunteer and they've done a fantastic job. Father Gibson.
Rev. Gibson: I want to call to the attention of the Mayor and the other members
of the Commission that earlier we had this room filled with taxi drivers, or
owners, --whatever they are. Those men were terribly disturbed that there's a
move afoot to transfer or get rid of the taxi license business in this City.
Plummer is usually great at quieting people down because they are so afraid
he is going to put them in the grave anyway, so they Were able to get some sanity.
But I would hope that,..as I saw the budget, I may be wrong, one of the few agencies
or departments around here where we collect certain moneys, think you pay for your-
self. Isn't that the kind of way it +s?
Sgt. Campbell: Yes, sir, its exceeding,...
Rev. Gibson: I would hope that the Commission would take the position that before
you even entertain any discussion, and all those people you saw here, who by and
large, are people who live in the City of Miami, earn their living in the City
limits of Miami through taxi service, that nothing will be done. I hope the Com-
mission will do this. Unless the Mananger is directed to inform every one of those
taxi owners,..I just find it hard to take a man's livelihood from him and not warn
him. I thought I'd better do it while you are here. Maybe you could explain to me
why they,...I only know what they said.
Mr. Plummer: Mr. Manager I think really I would like to reiterate Father's
statement. I don't want to put the good Sergeant on the spot because it's not
fair to him, but I think what we are really saying, and I am going to back it
up, I don't think you need a motion, that if any discussion is entered into, a
possible change in our present operation, that we strongly urge the administration
to get the polcy of this Commission first.
Mr. Grassie: We will be happy to do that, Commissioner.
Mr. Plummer: I am sure you will. It is good to see you Sergeant.
•
35. EMERGENCY ORDINANCE: MAKE APPROPRIATIONS FOR DOWNTOWN
DEVELOPMENT AUTHORITY -
FISCAL YEAR 1978-79.
•
4mt
Y !
Mayor Ferre: We are now on item No. 6 making appropriations for the
Downtown Development Authority. It has been submitted to members of the
Commission. Any questions on it?
Mr. Plummer: Is there anyone of the public who wishes to comment on item #6.
Let the record reveal that there is none, and I move its adoption,
66
SEP 2 t is
Retts Gibson: I second.
Mayor Ferre:Further discussion? It is an emergency ordinance. Would you read it?
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1979; AUTHORIZING THE DIRECTOR OF THE DOWN-
TOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR
THE PURCHASE OF ANY MATERIAL EQUIPMENT OR SERVICE EMBRACED IN
THE SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED;
PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION
TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1979 FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA;
PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED
UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS
ORDINANCE
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson , for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer
Commissioner Rose Gordon
Vice -Mayor Reboso
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Gibson , adopted said ordinance by the following
vote:
AYES: Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer
Commissioner Rose Gordon
Vice -Mayor Reboso
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8854
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.
Mr. Plummer: It would seem like to me, --maybe I'm wrong --that 6 and 7 should
have been reversed. How do you project a budget without knowing your millage?
I realize it is semantics but maybe for the future we would keep things in rightful
order as we did earlier this morning.
Inaudible statement:
Mr. Plummer: You've got to put the budget first and then the millage? Aren't
they at maximum? I'd rather give a man, and say hey, here's how much you have
to work with. Tell me how you are going to use it? That's what to me a budget
is.Well. If you do it the other way, that's the problems we find ourselves in.
36. EMERGENCY ORDINANCE: SET VILLAGE FOR "DOWNTOWN DEVELOPMENT
AUTHORITY - FY 1978-1979."
Mr. Plummer: I move Item #7.
Mayo' 'erne All right. There's a motion on Item 7. Seconded by Father dibsOh,
read the ordirhatice.
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI
LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR
THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN
THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI. FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979;FIXING THE tILLAGF
AT FIFTY ONE -HUNDREDTHS (.50) MILLS ON THE DOLLAR OF THE NONEXEMPT
ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN 'SAID DISTRICT
AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN
SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING
OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI,
WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE
AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF THE CITY CHARTER;
PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN
SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED
BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI; PROVIDING THAT THIS ORDINANCE SHALL NOT
BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE
OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978
AND ENDING SEPTEMBER 30, 1979 BUT SHALL BE DEEMED SUPPLEMENTAL AND IN
ADDITION THERETO; AND PROVIDING THAT IF ANY SECTION, CLAUSE OR
SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT
THE REMAINING PROVISIONS
was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon Mayor Ferre.
NOES: None.
ABSENT: None.
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Gibson adopted said ordinance by the following vote:
AYES: mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon Mayor Ferre.
NOES: None.
ABSENT: None. ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8855.
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.
37. SECOND READING ORDINANCE: APPROVE EXPENDITURE REQUIRED BY
OFFSTREET PARKING AUTHORITY FOR
OPERATION/MAINTENANCE "GUSMAN HALL &
OLYIIPIA BUILDING."
Mayor Ferre: Let's take item #11 now, which is approving expenditures required
by the Department of Off Street Parking for the operition and maintenance of
Gusman Hall and Olympia building. It was introduced by Plummer, seconded by
Reboso. Plummer are you moving it again?
Mr.Plummer: Yes, sir.
Mayor Ferre: Further discussion? Read the ordinance.
68
mr
AN OIbtNANCE ENTITLED..
AN ORDINANCE APPROVING EXPENDITURES REQUIRED
BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE
OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE
OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1978 AND ENDING
SEPTEMBER 30, 1979; AND ALSO APPROVING THE ENUMERATED
SOURCES OF REVENUE FROM SAID OPERATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of September 14,
1978 was taken up for its second and final reading by title and
adoption.
On motion of Commissioner Plummer , seconded by Commissioner Reboso , 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
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8856.
•
38. SECOND READING ORDINANCE: A:1END SECTION 2-9 OF THE CITY CODE
"ORDER OF BUSINESS AND RULES OF
PROCEDURE."
Mayor Ferre: On item 12,Plummer are ,you still moving it?
Mr. Plummer: Item 12? I just want to ask one question on 12. Mr. Grassie, I
have a problem here. This in no way eliminates that which is there presently
abcut the 5 day rule?
Mr. Grassie: No, sir it does not speak to that.
Mr. Plummer: The capability of any one commissioner invoking the 5-day rule
is still intact?
Mr. Grassie: Yes.
Mr. Plummer: Yes, Mr. Mayor I move it.
Mayor Ferre: Mrs. Gordon do you want to second it again? All right.
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-9 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, ENTITLED "ORDER OF BUSINESS AND
RULES OF PROCEDURE" BY AMENDING THE REQUIREMENT THAT
RESOLUTIONS BE READ BY TITLE: AND FURTHER PROVIDING THAT
A BRIEF WRITTEN DESCRIPTION OF EACH RESOLUTION TO BE CON-
SIDERED BY THE CITY COMMISSION BE FURNISHED THE COMMISSION
5 DAYS PRIOR TO THE MEETING AT WHICH SAID RESOLUTION IS
SCHEDULED FOR CONSIDERATION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
1
MM
MM
MEM
MEM
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1MEM
Passed on its first reading by title at the meeting of September 14, 1978,was
taken up for its second and final reading by title and adoption.
Oh (notion of Commissioner Plummer, seconded by Commissioner Gordon , 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
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8857.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the public.
38-A AFFIRMATIVE VOTE ON ITEM 24.FOR COMMISSIONER PLUMMER:
Mayor Ferre: We are now on item NO. 24. No, we've done 24.
Mr. Plummer: No we haven't.
Mayor Ferre: Yes, we have.
Mr. Plummer: You did something about the fire department without
my being here?
Mayor Ferre: Yes, sir. We approved all those architects. You were here wern't you?
Didn't you hear the Chief make a presentation?
Mr. Plummer: Today?
Mayor Ferre: Wern't you here?
Mr. Plummer: I am going to force you to put a bathroom in here.
Mayor Ferre: You have any problems with all that?
Mr. Plummer: Well, let me ask you my question. Mr. Clerk am I recorded on that vote?
Mr. Ongie: On Item 24? We show you as absent. You had stepped out.
Mayor Ferre: We apologize. You want to ask the Chief,...
Mr. Plummer:No, I don't want to ask any questions but I want to be recorded as
voting, and I vote affirmatively.
Mr. Ongie: All right, sir, I will do that.
Mayor Ferre: Let the Record so reflect,....now wait a minute,...rry recollection
of legislative procedure requires consent.
Mr. Plummer: Of who?
Mayor Ferre: Of the legislative body, for you to be recorded as,...I am not too
sure you can get consent here today. You want to try it? You've got one friend
on this commission. Okay. I guess that means that we are going to unanimously approve
that we are going to let you vote on this. Okay.
Mr. Plummer: That's going to cost me later.
70
S .P 2c1�' 3
39. DEFERRAL OF CONSIDERATION TO FILL VACANCY ON CIVIL
Mayor Ferre: All right. This is item #27 which is the question of filling
the vacancy created by Manuel Argues.
Mayor Ferre:Now. The Chair is open for nominations.
Mr. Plummer: Well, Mr. Mayor, I guess I've got to be the bad boy. Mr. Mayor
let me make a few comments. There have been a number of names bandied, and
prior to my statement, I want to say on the record that in my estimation, that
member of the Board should rightfully be a member of the Latin community. Now.
All right. I want that up front. Now, second of all, I hate to let Rose Gordon hear
this,but I also feel Mr. Mayor, that I would like to see a woman in that potision.
Now, that then throws me into a dilemma. Okay. Again. I am not going to lie to you.
Mr. Mayor I hate to do this, but as far as I am concerned, I am just not ready to
vote. Now you can do what you want and I am just putting that up front and -on the
record. I've got to be truthful. And you go from there, and do what you've got to
do, because J.L. has to do what he's got to do.
Mrs. Gordon: Well with the attitude you've taken I could never oppose you today
Mr. Plummer.
Mr. Plummer: Well, Rose you know,...I am just telling you the way I feel.
Mrs. Gordon: I agree with you.
Mr. Plumper: I just really tell you the way I feel.
Mayor Ferre: Father Gibson.
Rev. Gibson: You are not ready to vote?
Mr. Reboso: I think we have to appoint somebody.
Mr. Plummer: Okay. I understand that, and I am a bad guy. I
But I am not ready to vote.
Rev. Gibson: Mr. Mayor I share Plummer's concern that the member of the Civil
Service Board ought to be a Latin, and ought to be a woman. That's why I nom-
inated the woman who I nominated, because she fits that bill. She's a Latin,..
a Chinese -Latin, she's a woman. Man,I've got you. Now, I am going to nominate
her again.
really am. A bad guy.
Mayor Ferre: Okay.
Rev. Gibson: Mimi Freedman. You know my guess will be very simple. If you have
a better Latin, and a woman, I'll defer. But until you can come up with a better,
object,..subject,..person, that's where it is.
Mayor Ferre: All right. We have a nomination.
Mr. Reboso: I want to nominate,...
Mayor Ferre: One at a time. The nomination is Ms. Mimi Freedman,
Mr. Reboso: I want to nominate Ms. Theresa Saldise,
Mrs. Gordon: I don't know her.
Mr. Reboso: Pan American lawyer appointed by Reuben Askew to the judiciary
.1
SE! 1y' .
IMENft
MEM
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MN r.e-
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one
ooMMittee, substituting Janet Reno.
Mrs. Gcrdon: Substituting? What do you mean
ma Mayor Ferre: Janet Reno.
11
II Mr, Reboso: Janet Reno.
Mayor Ferre: Janet Reno used to be on the Judiciary Committee for Governor
i
Reuben Askew. And this is the lady that substituted Janet Reno, that the Governor
nominated.
o Mrs. Gordon: You must realize that we,...I,..don't know her, except, you know
11 that I appreciate that you do, so therefore I guess the nomination wouldn't be out
II of order but we couldn't take any action until we have had an opportunity to meet,
Italk to, and get acquainted with.
III Mayor Ferre: Let's see if we can get some people that we can,..people can interview.
All right. Any other nominations?
Mrs. Gordon: J.L. do you want to put a name in nomination?
Mr. Plummer: George, make that into the record if you will. I am going to
tell you something. I really feel bad about this. This is my fault and I want
to tell you it is my fault. I really feel very, very bad about this. I guess if '
I wasn't concerned I could forge ahead. But I am concerned.
Mrs. Gordon: What is the
•
•
•
Mr. Plummer: What I was asking of George was, --he told me before I could not
abstain from voting,okay--,what he is saying is, I can give a 'no' vote on
nominations,but I cannot abstain from voting on the resolution.
Mayor Ferre: Yes, but you see,....
Mr. Plummer: If you don't fill it with a majority, there is no resolution.
Mayor Ferre: That is not the point. You see, the point simply is this, that
Mrs. Gordon, --I think with good reason said, --and I agree with her, --I think
that if there is a nominee who has just been nominated now, nobody knows her,
but the person who is nominating her, and I think the rest of the Commission
should have the opportunity to talk to her. So we will have to put it off
till the next meeting.
Mrs. Gordon: Perhaps, also during this week, if you should come up with
another name, or I might come up with a name,we could still, --it doesn't
have to be at this meeting, it doesn't have to be a nomination
does it?
Mr. Reboso: That's fine. Let's leave it open.
Mayor Ferre: You really have to move on, but whatever, we've got to
select somebody.
Mrs. Gordon: I don't know. But,...
Mayor Ferre: Plummer, would you,..I don't mean to be rude to you, but I think
you are entitled to a certain amount of Commission consideration, but let me
say this, --no more. Next time we vote. Okay?
Mr. Plummer: Fine.
Mrs. Gordon: When will we be meeting again? You say a week, but we don't have
a meeting in a week.
Mr.. Reboso : October 12.
Mayor Ferre: Now, the nominations are open,...
Mrs. Gordon:...open until next Thursday. Okay,
72
Mayor Perre:That's right. Well, until the 12th. There's only one condition
that 1 want to put.
Mrs. Gordon: Not until the 12th Maurice, because we have to have time to get
acquainted with whoever it is.
Mayor Ferre: That's the condition I am going to put. The condition is, that.,.,
Thursday is fine. Next thursday is fine.
Mr. Plummer: Any future nominations by the 5th, and we will decide it on the
12th.
Mayor Ferre: I don't think we should have anybody before us that we haven't
had an opportunity to check out and talk to and all that. Okay? And Mr. Mananger,
the, Commission, if they have any further nominees, we will submit the names to
you with their appropriate background and then you will pass it on to the other
members of the Commission.
Rev. Gibson: Mr. Mayor make sure that we understand that the deadline is
not later than 5 o'clock on Thursday, the 5th. Not later than, and that's
irrevocable. Okay? Now I have a reason for using that adjective.
Mayor Ferre: All right. Further discussion? Call the roll.
Mr. Plummer: What are you calling the roll for?
Mayor Ferre: That's right. You don't need to call the roll. You are right.
Mrs. Gordon: May I ask a question relative to the previous nominees that had
been made at the previous commission meeting. Is that something in the past
and they would have to be reentered as a nominee if they wern't entered today?
Mr. Grassie: We could to that or else we could simply assume that they remain
on the list. And it is basically your preference.
Mrs. Gordon: I would have to assume that that list is cancelled because that
was a failing vote at the last meeting.
Mayor Ferre: I am glad you pointed it out, and just to keep the record
straight so we won't have any problems. I will nominate Armando La Casa
and Manolo Argues. Okay. So that we have those on the record. Those are the
four that are on top of the table. Further nominees at this time,...you have
until Thursday then.
40. CONSENT AGENDA: AGENDA ITEMS No. 37 THROUGH No. 44.
Mayor Ferre: Now we are on the consent agenda, which items 37 through 44.
Is there anybody here who wishes to speak to the consent agenda? Is there
anybody here that wishes to object or say anything with regards to items
37 through 44 inclusive?
Mr. Plummer: I move they be approved.
Mayor Ferre: Plummer moves, Father Gibson seconds. Further discussion on the
consent agenda. Call the roll.
The Consent Agenda was passed and adopted a unanimous vote of the Commission.
73 SEP 2
Jv � J
III■ 11111 ■ufuI■IIIII
40.1 6-4437 - ORDERING N.W. 20 STREET AREA SIDEWALK I( ,PROVEMENT
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-609
A RESOLUTION ORDERING N.W. 20 STREET AREA SIDEWALK IMPROVEMENT
8-4437 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS-
MENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N.W. 20
STREET AREA SIDEWALK IMPROVEMENT B-4437
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
40.2 SR-5450-C OkDEkING PINES SANITARY SEWER (CENTERLINE)
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-610
A RESOLUTION ORDERING PINES SANITARY SEWER IMPROVEMENT SR-5450-C
(CENTERLINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF
AS PINES SANITARY SEWER IMPROVEMENT DISTRICT ST-5450-C (CENTERLINE
SEWER).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
NOES: None,
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
$ P 2 3 l9
1•
1
40.3
SR-5450-S ORDERING PINES SANITARY SEWER (SIDELINE)
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-611
A RESOLUTION ORDERING PINES SANITARY SEWER IMPROVEMENT SR-5450-S
(SIDELINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS PINES
SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-S (SIDELINE SEWERS)
(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
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
AYES:
NOES: None.
40.4 ACCEPT. COMPLETED WORK -HEAVY EQUIPMENT SERVICE
EGFACILITY
STATION
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-612
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HILLS
CONCRETE AND CONSTRUCTION COMPANY, INC., AT A TOTAL COST OF
$335,895; ASSESSING $2,500 AS LIQUIDATED DAMAGES FOR 25 DAYS
OVERRUN OF CONTRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF
$31,339.50 FOR HEAVY EQUIPMENT SERVICE FACILITY- FUELING
STATION (BID A).
(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
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
AYES:
s 2' 4 171 J
40.5 AGREEMENT WITH MERCY HOSPITAL- PHYSICAL EXAMS. FIRE FIGHTERS
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-613
A RESOLUTION AUTHORIZING THE CITY MANANGER TO EXECUTE THE
AGREEMENT FOR FISCAL YEAR 1978-79 WITH MERCY HOSPITAL INC.
FOR ITS PHYSICAL EXAMINATIONS OF CITY OF MIAMI FIRE FIGHTERS
IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE
SAID STTACHED AGREEMENT WITH FUNDS THEREFOR ALLOCATED FROM THE
FIRE DEPARTMENT BUDGETED FUNDS TO COVER THE COST OF SAID EXAM-
INATIONS
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
40.6 BID ACPTG. B & G ELECTRIC- COCONUT GROVE BUSINESS
AREA DECORATIVE PEDESTRIAI!
SCALE STREET LIGHTING PROJECT
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-614
A RESOLUTION ACCEPTING THE BID OF B & G ELECTRIC,INC. IN THE
AMOUNT OF $97,473.85 FOR THE COCONUT GROVE BUSINESS AREA DECORA-
TIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT; WITH FUNDS ALLOCATED
FROM THE ACCOUNT ENTITLED "HIGHWAY G.O. BOND FUNDS" IN THE AMOUNT
OF $97,473.85; AND AUTHORIZING THE CITY MANANGER TO EXECUTE A
CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
70
ommet
4
40.7 BID ACPTG. PNEUMATIC CONCRETE INC. MARINE STAU
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-615
A RESOLUTION ACCEPTING THE BID OF PNEUMATIC CONCRETE, INC.
IN THE AMOUNT OF $23,000.00 FOR THE MARINE STADIUM -STRUCTURAL
REPAIRS - 1978; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED
"STADIUM AND MARINAS BUDGET ENTERPRISE FUND RESERVED FOR CAPITAL
IMPROVEMENTS" IN THE AMOUNT OF $23,000.00; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
40.8 BID APCTG. PYRAMID PLUMBING- EDISON PARK POOL SOLAR
HEATING (2nd BIDDING)
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 78-616
A RESOLUTION ACCEPTING THE BID OF PYRAMID PLUMBING AND HEATING
IN THE PROPOSED AMOUNT OF $31,110.00 FOR THE EDISON PARK POOL -
SOLAR HEATING (2ND BIDDING); ALLOCATING SAID AMOUNT FROM THE
2ND YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE
AMOUNT OF $31,110.00 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $3,422.10 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$622.20 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote
AYES:
NOS: None,
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
7
Nor—
)p,
41. PERSONAL APPEARANCE: REVEREND JOHN PAUL NAGY CONCERNING
INTERNATIONAL FOLK FESTIVAL COMITTEE.
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Mayor Ferre: We are now down to three things, --International Folk Festival,
--Reverend, I saw you here a little while ago. I am sorry that Morty Freedman
and the others didn't let you know that they put this thing off until 5:30,
is what he said. I told him 5, but it's 5:30. I don't know what we can do
because I think this Commission is going to be over long before then. They
may have to come back this evening if they want to be heard. We may have to
discuss this at 7 then. I am perfectly willing to do it then.
Inaudible remarks.
Mayor Ferre: Ali right Reverend. If you wish to address the Commission we are
always happy to hear from you.anytime.
Rev. Nagy: Mayor can I address now,..
Mayor Ferre:Reverend, I think Mrs. Gordon is right. Since this refers to
an individual, and that individual is not present, we really should have him
present before,...
Rev. Nagy: I have a 4 o'clock appointment. I will be able to be here at 5 o'clock.
Mr. Plummer: Can you be here at 5:30? 7 o'clock?
Mayor Ferre: Can you come back at 7?
Rev. Nagy: I think that my letter,..the two letters, will speak for myself.
Mr. Plummer: You have no objections of putting them into the record and let
them be brought up at the time when we hear it, and you feel that is sufficient,
then that would take care of it, Reverend. Then you don't have to come back.
Rev. Nagy: That is perfectly all right with me. Not on Thursday.
Mr. Plummer: Right. Mr. Mayor what I think he really wants is, that when this
item is discussed that you read his letter into the record, and that will avoid
his having to come back. I am sure the Mayor will be happy to do that.
Mayor Ferre: All right Reverend. It's always good to see you. Thank you very
much. This letter will be submitted into the record at the appropriate time.
42. DISCUSSION ITEM: POLICE SERVICES IN THE ORANGE BOWL
Mr. Plummer: Mr. Mayor that leaves us with two items.
Mayor Ferre: Nine and ten,...want to make a motion?
Mr. Plummer: I had also in icated to you that prior, that if nothing was
worked out Mr. Mayor, that 1 465 :oine to bring up the issue today of the
police in the Orange Bowl. So 1 .jest want to tell you it is still my intent
that that matter be b rounht up today.
Mayor Ferre: I see the Chief is here. You want some of those officers present
that were here last time?
MEW
Mr, Plummer: March is here also. Now, I don't care where you take it, Mrs=Mayor,
but we are looking down the throat of another game on Sunday
Mayor Ferre: Are you ready to take this matter up?
Mr. Grassie: We are ready to speak to it sir.
Mayor Ferre: All right. Why don't you speak to it?
Mr. Grassie:...different than taking,...
Mr. Plummer: Well, Mr. Mayor if you will recall at the last posture, Mr. March
had agreed to go upstairs ane speak with the .Chief, who had been out of town
and see what if anytning could be done. And I think at this time we should hear
from Mr. March and then countered by the Chief. Then if this Commission wants
to take action, they can, on tiie Police problem in the Orange Bowl.
Mr. Grassie: Mr. Mayor and members of the City Commission, one thing that I
would like for us to try and keep in mind as we disucss this sort of thing,is
that the City Commission does have an alternative, and that is to continue to
have this remain a question which will be dealt with by the administration of
the police department and the representatives of the employees. And I think
that it is important that we not forget that within the context of the way we
should be doing business, that that probably is the best alternative for us to
pursue. Not only in view of the specific question in front of us,, but also so
that every time there is a disagreement we don't end up in this kind of a forum.
I think it's really an unhealthy kind of precedent to be bringing these kinds of
problems up to the City Commission.
Mayor Ferre: I agree.
Mr. Plummer: In response Mr. Mayor, I don't know that I disagree with Mr.
Grassie, but you know, if this was the first time it was being brought before
this Commission, I might feel differently. It's not that matter. It is a matter
that this has already been brought to the Commission's attention at previous
meetings, and as such, allowing it to be discussed at previous meetings, allows
it to continue with no termination or no completion. And I am merely saying today,
that it has been brought before this Commission before, this Commission was agree-
able to let them try to work it out, and I think this Commission has an obliga-
tion, since it is a matter in my estimation of unfinished business since it did
come before us before, that we must finish it one way or the other. And I am not
trying to predicate what's going to be the outcome. But unfortunately, it was
brought here before, it was allowed to be discussed in the public forum, and I
think this Commission has an obligation to finish unfinished business, in what-
ever manner the members of this Commission feel is appropriate.
Mayor Ferre: Can we proceed now? Where are we?
Mr. Plummer: We are at the....,
Mr. Grassie:I believe, if you are asking me to recap, Mr. Mayor....,I believe
that the basic difference in the point of view between the employees,...between
Mr. March specifically, and the administration of the police department remains.
The positions are relatively close to each other in the sense of what each
feels could be agreed to, but I think at this point, there has not been much
possibility of bringing those two points of view completely together. Now, I
do think that it is the sort of question which really requires a little more
time for the parties to work on, not that they will continue negotiating forever
on it, but really it is a question of simply experience. Having the thing work,
its a possibility that may take care of a great part of the problem. And really
it depends on whether or not we are willing to let that process take place, as
to what we are facing up to right now. The most reasonable thing in my estimation
would be to let the department handle this question. Particularly because it is
not an isolated sort of a circumstance. It is the kind of problem which has to be
dealt with day -in and day -out, on many different circumstances. And to the extent
that we escalate each one of these questions, we make it less likely that the
next question of this sort is going to get resolved within the department.
I think that's unhealthy for the City, I think it's unhealthy for you in your
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working circumstances, and I certainly Would not encourage that sort of thing.
Mayor Ferre: All right.
Mr. Don March: Mr. Mayor and Commissioners, I am Don March, FOP Lodge 20.
it's curious that Mr. Grassie tried to focus, --this was apparently some issue
between me, as an individual and the police administration, as a collective
group, I would assure you that if there is any issue here it's between the body
of police officers that I represent and your City Mananger. Unfortunately, --and
I assure you,that to effect anything he might want accomplished, I have been
thrust against the police administration, --that's the last thing I want to see
occur.
Mayor Ferre: All right sir.
Mr. March: With regards to where we left from the last time this was brought up
.at the City Commission, I met with the Chief and offered to the Chief that we
would accept the reduced rate to work the Orange Bowl, that upon the sale of
beer in the Orange Bowl and the addt"Oral revenues that will be brought in,
we would asked to be returned to the tiMe and a half that 'e had before this
whole thing came up. In the rrte'rim period, I further committed myself to sitting
down with the re resen. tiv€s of th, City Mananger, explore any alternatives that
might exist, with an eye: towards possibly reaching a different agreement. In the
absence of that abilitv.to reach an agreement, that we would stay as we.have been in
the past,for the last two years,prior to all this thing erupting,workino the Orange
Bowl at time and a half.I said if you want to put us, -any Miami policemen in the,
then, --put us at time and a half. If you want to use security guards like you
did last year, that is fine for you. I was approached by the City administration
through Mr. Jennings, and asked if, you know, with budget constraints, if we can
consider some kind of pay cut. In :.he process, this thing has degenerated to
the extent that my people are beig brought in on duty, my people are being de-
prived of income that they get in the past and its an unfortunate development,
it is generating a lot of disruption within my unit that never would have
happened, when they walked in the door and said there's not enough money to
pay police officers time and a half, I said I'll think about that and I will
see you later, but I am not going to talk anymore. The next time I hope whoever
has my position, the minute somebody comes down from the City Hall and says
look, we've got a problem here. We want you to help us out with it. I am going
to say first of all, let me call my people in to see whether or not the problem
exists. Meanwhile, don't mess with my people. And I can assure you that my people
are being messed with. The other thing that occured out of this whole thing, is
that we mananged to get the security guards at 25% pay increase. You know they've
gone from $6.00 an hour to $7.50 an hour, because the private sector said we wil.
not provide you security at $6.00 an hour. The private security entity that was
providing it in the past, --I've given you all the exhibits, you can have anything
I have in these files here --was asking for $9.00, and said we will talk about it.
Out of all of this, they come in at $7.50. The private sector comes in and gets
a 25% pay increase, and the whole time we are being asked to staff that Orange
Bowl on -duty people, or you take a pay cut. I regret that this has come to your
attention. I regret that you are being asked to be involved in this process here.
But I can assure you that I have learned one very important lesson, and I will
pass it on to my constituency, and anybody else who seeks the office I currently
hold.
Mayor Ferre: Chief, do you want to add anything to it?
Chief Harms: Yes, I do. Mr. Mayor and members of the Commission, I would like
to share with Don some of his sentiments. I too, am regretful that this thing
has degenerated to this point, but I think in order to bring us up-to-date, I
need to provide you with somewhat of a historical perspective. Some months ago
the Mananger and myself discussed the possibility of an all -police security
detail within the Orange Bowl and other city facilities, as opposed to a mix
of police officers and private security. It was generally agreed at that time
that it would be in the best interest of the community if we had police officers
working in that capacity. This was c•ro1_ght to Lt. March's attention and he agreed
at that time that if an acceptable oackace could be worked out between he and Mr.
Jennings, that he would _ upport that package as he brought it to the membership.
Several meetings took place between May 11 and . une 14, between Mr. Jennings, his
staff and Lt. Xarch. During that time, the process of agreement, eventually led
to a package has remained consistent since that point in time. And basically
that provided for a 6 hour mr.'irur, foc police officers working a professional
game. It was $) 0.00 as hour cr ..~'A 4 ,var•`: , ,Whi cry would be a minimum of $60.0Q
per event, and it was scaed as Tir as -one other officers were concerned
MEM
and i am getting into the area of supervisors, when I say other officers, that
it was scaled all the way to $15.25 for a commanding officer. There were several
other agreements that were reached in that package itself which provided for an
increase in the off -duty work rate, from $7.50 an hour to $9.00 a hour. We agreed
that we would increase that rate because it needed adjusting, as it had not been
addressed for several years. We in fact, did implement that rate some time in the
last couple of months. Now on June 14, Lt. March and Mr. Jennings were in agreement
on the package that they had reached. The vote was to be given to the membership,
or I should say they were going to be provided an opportunity to vote on this
package, prior to the first game. Unfortunately that vote didn't_take place
until July 21st. Several times during the interim, I encouraged Lt. March to
take the package forward. He expressed some concern of the issue of beer sales
in the Orange Bowl. He indicated that there was some confusion existing in terms
of an ability to pay,as opposed to intention to pay. Based on his understanding
of beer sales on July 20, which was one day before the vote, he wrote a letter
to Mr. Jennings indicating that the vote itself would involve a stipulation that
as soon as beer sales became effective, they would automatically go to the time -
and -a -half rate. Jennings did not get that letter until after the vote was taken.
The letter was delivered in my office either on the 20th or 2lst. I received it
the afternoon of the 21st which was after the vote. I talked to Don subsequent
to that, and that was early the following week and he indicated that he had
made notification to Mr. Jennings about the change in the agreement. This was not
as he indicated he would do, and I think a tremendous amount of confusion has been
generated over that particular point and I think we really need to speak to that.
Several things have transpired since then. Many of the members feel that the
management of the department,management of the City, is attempting to take ad-
vantage of them over this issue. I cannot agree with that position. I think that
the agreement that Lt. March and Mr. Jennings reached was very equitable. It pro-
vided for certain minimums which did not exist before, and gave us the opportunity
to staff at least professional games with an additional forty -plus officers that
were not there last year after a part of the season before that. It also established
certain minimums as far as university events and high school events were concerned.
These were some of the earlier meetings that took place between Mr. March and Mr.
Jennings, when all of these things were in fact negotiated. I think the only real
issue at this point, is at what point in time, did we lose that agreement and add
in the point of beer sales and make ,pat the sole criteria for Lt. March's support
of that position before the membership. And I want to reiterate again that I share
many of Lt. March's concerns for the police department, for the community. It is
very unfortunate that I'm forced into having on -duty police officers in combination
with some off-duty,police the event. We cannot afford to take those police officers
off the street. We do not like to change days off. There has been a general boycott
of the membership of these games. Thank you.
Lt. March: Mr. Mayor,if I might respond you know I understand the difficulty the
Chief might have with this issue. I happened to have attended all of the meetings.
I happen to have been there for each indication from the City. And the focus, when
the Chief talks about confusion, he says what has been clearly brought home by the
administration , by the police administration, in the hallways of the police depart-
ment, is that they focus on this issue about my changing what was going to be voted
on by the people. I have steadfastly admitted from day one, I served notice with a
letter that on that issue, I was not going to vote, I was not going to give that to
my people to vote, the reason being number one, the commitment from the city repre-
sentatives at the start was, the money does not exist to staff the Orange Bowl. You
know this is a problem we don't have bucks.Now,I don't hear anybody comina forth and
saying that might have contributed to the confusion. I also don't hear anyone coming
forth and saying that the agreement was, if we don't sign an agreement, if we don't
come up with an understanding different than we had in the past, that things will
revert to as they have always been. I don't see anybody coming up. I think that con-
tributes to a little bit of the confusion there also. I am particularly interested
in the comment the Chief makes when he is forced to use on -duty people. What forces
you to use on -duty people, Chief? I think maybe we might ask the City Mananger that
question. What is there, that does not enable the City to stafr the Orange Bowl like
it did last year. You have already passed a motion. All you are going to do is pay
them $7.50 more for the security guards. What prohibition is there from the city
to allow officers to volunteer to work at time -and -a -half for a number of hours
worked just like they did last year, just like they did the year before, and stand
next to those higher priced security guards that you want to use in the Orange Bowl.
I don't think there is any ordinance or anything that forces us to use on -duty people.
What I think that I see occuring, and I could be wrong, but it appears apparently
Obvious to me, this is a form of leverage that is being used to deprive police
81
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officers of additional income that they've had forever, to get them to come
around to something they haven't agreed to. And I resent that, and I have
some very strong problems with the extent to which people are going to get
my people to agree to something less than what they've always had. Now, coupled
with that;is a concern that I have that in the midst of all of this, to pull
on -duty people in, somebody out there in the,community who would ordinarily
have the services of that officer is going to be deprived of that. Somewhere
they are not involved in this process. You know, my men are willing to work,...
my men and my women,...are willing to work just like they did last year, off -
duty, --come in and work that Orange Bowl, and it's not the easiest job in the
world. Sometimes you get to see some of the ballgames but it's a tough job.
Now, I'm as uncomfortable being here as I have been in 19 months. I. would give
anything that this did not occur. I am placed here in a position of defending
the fact that I changed something that I thoroughly explained. You know, I said
anytime somebody says they don't have any money, and yet they turn around and say
in the paper we are going to get 250 to 300 thousand dollars estimated revenues.
I see a presentation here later on in the week that the possibility exists for
significant amounts of additional revenues, and I give you figures that show
that we are talking about seven thousand dollars, and at the same time we are
increasing the kind of security that Orange Bowl ought to have, and that every-
body, including the Chief, the City Mananger and Mr. Jennings and anybody I've
ever talked to, says it is better for the public, better for the people in that
stadium. Anytime I see that kind of balancing going on with the leverage that
comes down here, please don't ask me to concede. I said I will negotiate and I
will talk about that very reasonably. But don't bring all that on my head and
then expect for me to lay down. I am just not going to do it. And I think I've
been reasonable throughout. I think if you see those statistics in there and
nobody has come up here and refuted those things, and dissected them. If you
look at those dollar figures, you see what this issue is all about. It cannot
be the money.
Chief Harms: I'd like to respond to couple of those points,....
Mayor Ferre: Chief, that's fine, but I hope we don't get into a debate session
now. Don, I hope you've all said what you had to say, so wind it up, and if you
want 30 seconds more, then that's it. Okay?
Chief Harms: Yes, Mr.Mayor. In terms of the comment on leverage, when the
officers are going to receive a minimun of $60.00 per officer to work a game,
I don't find that to be to distasteful in terms of the type of leverage that
we may be referring to. And it's very important to keep in mind that Don indicated
that money is no longer the central issue and I would completely concur with that:
I think that you have to in your wisdom and your positions, since you are going to
apparently rule on this matter, look to some of the things that perhaps have not
been said here, and understand that the issue is very involved with the emotions
of many members of the police department over a wide array of things. And this is
one of the ways perhaps expressing some dissatisfaction with their own career ob-
jectives goals and things of that type. It is a very emotional issue and I would
concur again with that comment. But the central issue is, the position, and I have
to take you back just to remind you, that Lt. March agreed to support a package.
He failed to support that package, for whatever reasons and he's indicated a number
of those reasons and he speaks to the amount of money available. And I have to in-
dicate that I had nothing to do with that part of the talks that that was a matter
between Mr. Jennings and Mr. March, but should not have contributed too much to the
confusion, up to the point in time, and we are taking you again to one day before
the vote itself.That was the point in time when the agreement was changed. It was
changed through a letter to Mr. Jennings,with a copy to myself.It was not delivered
until after the vote was taken and it was not in agreement with what Lt. March had
promised to take to his membership. So I have to say that I suspect that an awful
lot of confusion was in fact, contributed to it at that point.That's all. Thank you.
Mr. March: Will you give me two sentences? With regards to the focus on any
agreement, Chief, --I'm sitting down there,and we're talking, --I feel like I've
had this conversation before.
Mayor Ferre: We have.
Mr. March: I've had quite a few of this same kind of conversation, The agreement
is structured so that I submit something for ratification. Commitment and all the
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discussions which you are not privy to, --you were not present for,-- input was,
they are not going to buy it,..they are not going to buy it. The off -duty rate
that you mentioned was something that was thrown in. It is going to occur anyway
I think. And if you tell me now that it wasn't, I am going to be surprised. But
that was to make it more attractive. But all that is based upon the assumption
that when the city says they can't afford to pay to put that many police officers
in, that they are saying the way things are. Now, the other thing that occured,
in the interim period, which we don't hear much converstation about from that
side, is the fact that the ability to pay was a problem eroded quite significantly.
That's in my letter. It is in every communication that I've made. It's in every
conversation I've made and I would have given anything to sit down again and talk
to the people about it. I made overtures and this was denied. Instead, alternative
actions were taken. Regretfully, contrary to the best interest of my people and
your people, and everybody else around here.
Mayor Ferre: Thank you for the two sentences there.
Mr. March: It was a run on sentence, Ive had that problem ever since I was
a kid.I'm sorry.
Rev. Gibson: Mr. Mayor am I hearing about three things? Mr. March, did you all
have a minimum number of hours to work, --
Mayor Ferre: Six,...
Rev. Gibson:--before,...no,no,no,...in other words, you got paid for only as
many hours as worked and you had no guarantee the number of hours.
Mr. March: We had a flat rate first, just for a ballgame. Then we had a minimum
number of hours. Then they changed it to time -and -a -half. And then they just paid
you for the number of hours you worked. Once you get time -and -a -half there's no
minimum hours. One other point, and I'm glad you brought that up. The agreement
that I offered, the last time, after we met last, said that,when you start staffing
that Orange Bowl, when they start selling beer, you pay my people time -and -a -half,
there's no requirement that you use any number of police officers. You do it just
like you did last year.
Rev. Gibson: All right.So, then in this new deal you are getting a guarantteed
number of hours. That's number one. I'm trying to understand that, because I
have some feeling about mixture. Okay. The second thing is, before this, you
only used about 40 or 50 men. Now you will take 30 more. In other words you are
going to increase,...you are going to give 30 additional men some of the goodies.
Isn't that right? That's what it means.
Chief Harms: It will be in excess of 40 more officers per special event.
Rev. Gibson: So that 30 to 40 policemen who haven't been getting any of the
goodies,...who will be getting,...in other words, you are spreading the joy.
That's what you say when you are drinking whiskey. You wouldn't think I know
that, but you know, you are spreading the joy. Isn't that what you are telling
me?
Mr. Plummer: He doesn't know about whiskey.
Rev. Gibson: The other thing is, --I think I heard you all say is, that you'.
will be exclusive now, in that you will not bring in any security men, but
all of the people in the bowl will be policemen. Isn't that what you say?
Chief Harms: We will use up to 108 officers per professional game if we
can get them. We would supplement with private security only if we could
not get the 108.
Rev. Gibson: The same thing. Because, you know, if they won't work,okay,...fine.
Now, the reason I asked these questions, --I know I am on dangerous soil, --I would
hate to see a mixture, but I would think we have an obligation to protect that
Bowl. I know how it is, you know, man. Especially,..Mr. Mayor you wouldn't know
nothing about this, --if you are betting on the side, --you know what I mean, --
and it is a quiet thing, you know what I mean? I don't think, --I hope I'm right,
the times I've gone to the Bowl and been kind of, --a lot of them, --we have as
much whiskey in those bags, --the Mayor wouldn't think I know this,he thinks I
pray all the time, --as much whiskey in those bags as we .will have if we sell beer.
83 SEF L •�:4; t
Mr, PIUMiiei; The only thing we want to know is, what's in your bag?
ReV, Gibson: I'll have to show you. Okay. But I'm trying to understand,
So that hopefully, --for God's sake, we could get this matter resolved and
cleared out and squared away. Now, number one, you are getting all of the
people in there to be policemen,--all,--up to a certain number. Okay. Number
two, you are getting a guarantee number of hours at whatever the price is,
and then number three, you are going to bring in 30 or 40 more policemen
and spread the joy. Now, let me ask a question. Have you all talked this
over with the membership? I mean open membership. I don't mean,..-.
Chief Harms: Yes, sir. That's a qualified yes. I certainly think it exists
from Don's standpoint. But I've read very little conversation with the member -
Ship on that point and I think ycu need to appreciate my position. If I go to
the membership, then it can possibly be perceived in this area, that I'm
attempting to interfere with what Don's attempting to accomplish and I have
been very cautious about approaching the membership over this issue.
Mayor Ferre: All right, what's the will of this commission.
Mr. Plummer: Well, here's Peck's bad boy. Right? Mr. Mayor I am not going to
go into a long, drawn -out Maurice-Ferre-type of dissertation.
Mayor Ferre: We are all very grateful.
Mr. Plummer: How do you like that one? Mr. Mayor I don't represent the adminis-
tration. I don't represent the police department, and I don't represent the
policemen in the street. I represent the people. I guess the only comment that I,..
Mayor Ferre: I thought I heard that,
Mr. Plummer:..agree with , on Kenny Harms' statement, my good friend, and I
hope afterwards, is the fact that it is most desirous of having the Orange
Bowl fully staffed by policemen.
Rev. Gibson: Amen. And I'll agree we all agree to that.
Mr. Plummer: That means,...
Mayor Ferre: So far so good.
Mr. Plummer: That means,...that we are probably going to have to pay for that
privilege. And if I were to make a motion here today, the motion would read
very simply,...
Mayor Ferre: Is that a motion Mr. Plummer?
Mr. Plummer:...that this city follow the same policy it has in the past two
years.
Mayor Ferre: All right we have a motion on the floor. Is there a second?
Rev. Gibson: Wait a minute Plummer. Wait a
you've followed in the past two years, you are going to mix the staff.
Mr. Plummer: I didn't say that Father.
Rev. Gibson: But that's what it means.
Mr. Plummer: No.
Rev. Gibson: The Mananger now has the right.
Mr. Plummer: The Mananger has that iatitude.But the Mananger would understand
what the intent of this Commission is.
minute. If you follow the policy
Rev. Gibson: All right. Wait a minute. Let me make sure I understand what I
am going to be voting on. Wait a minute. Let me make sure I understand what
I am going to be voting on. If I vote to adhere to the policy that we've used
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of the past two years,..
Mr. Plummer: Correct.
Rev. Gibson: ..what the Mananger can do, is to take 40 policemen and 50 security
men, in his judgment, --you cannot ask him, nor can you ask that Chief to be
the Chief of police and then do the other. I just want to make sure before you
ask me to vote.
Mr. Plummer: Father, you are correct, had my motion been for the past year, but
it was not. It was for the past two years.
Mrs. Gordon: J.L. I think you need,...
Mayor Ferre: Plummer, I am going to rule your motion out of order in a moments
Mr. Plummer: Why wait?
Mayor Ferre: But before I do so,...I am going to ask the City Attorney to
listen to my argument and to tell ne if I am going to rule correct or not.
Now, follow me, because this is a question of procedure and I want to make
sure we understand each other, because this is a dangerous thing that we are
doing. The Charter of the City of Miami states that the City of Miami Commission
will not interfere in the operations of the City of Miami, that that is the role
of the administration. It specifically states that.Now,the, we have before us a
discussion between the administration and the police chief, and the union. Now
the union, in good faith has gone and negotiated something and there is dis-
agreement as to whether or not there was first an agreement on the part of the
representative of the Union, then a disagreement, and the Union representative
himself has stated that when he went back to his membership because of the fact
that there had been publicity about beer in the Orange Bowl. But the membership,
with certain rights, changed their mind. They have a right to do that. Now, based
on that and a series of inconclusive discussions, we are based with a decision.
The Union has brought this matter before the City of Miami Commission. The
questions then before us is, is this, or is this not a policy matter? Now,
it becomes a policy matter when it impacts the welfare and well-being of the
City, and to that extent I don't have any problem. However, when a member of
this Commission makes a motion that the Mananger be instructed to continue the
policy he has already established, that in itself, I think is a contradiction
of that posture and is an interference as far as I see it, which this Commission
cannot become involved in according to the Charter. Am I right or am I wrong?
Mr. Knox: The deployment of police officers is an administrative matter under
the jurisdiction of the City Mananger. The City Commission may adopt motions
which articulate their intent, or will, with respect to policy. However, it would
be improper under the Charter for the City Commission by a motion to instruct the
Mananger to take, or not take some action which is within his administrative
domain.
Mr. Plummer: You didn't hear my motion of suggestion.
Mr. Knox: I didn't.
Mayor Ferre: Okay.
Mr. Plummer: Let me try this one on for size since you've ruled that one out of
order, that it be the policy of this Commission that we realize that a premium
must be paid to fully staff the Orange Bowl with duly authorized police officers
of the City of Miami, and it is the policy of this Commission that we wish for
the Mananger to implement that policy.
Mayor Ferre: Is there a second?
Mr. Plummer: You know where I stand.
Mrs. Gordon: J.L.,
Mr. Plummer: Yes, Rose,
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Mrs Gordon: Your motion, wouldn't it remove the opportunity of mixing which
is hot unacceptable to Don and the men of the organization. Am I wrong Don?
You are not opposed to the security people being used to some degree, --or
am I wrong?
Lt. March: As a poor alternative, we'll accept it, --that's what we had last,--
we were opposed to using security people in the first place.
Mrs. Gordon: At all?
Lt. March: Yes, rra'am,we were. But tie City argued again that it was cheaper
because of an interpretation of the Fair Labor Standards Act. They were having
problems with paying people time -and -a -half, disparity in rates, or whatever, and
they used security people. We asked at that time that the officers not work the
games because of the officer safety risk.But guys need to supplement their income,
and they work the baligarnes anyway. And they came again to us, and we said all
right --any concerns and then the whole thing started. Now, that that's deter-
iorated, and they don't want to do as I feel the membership has instructed me
that its an acceptable thing, then do what they said they would do from the
very day, go back to like we did it lest year. They said they would.We are
talking about agreements. I says, is this an understanding that if we don't
reach an agreement contrary to what we have already had, we go back to what
we already had. And he said that's understood. So what did they do, when we
did not reach an agreement, they wouldn't come to an agreement, --they didn't
do that. They turned around and used everything they could,to get the guys to
volunteer to a recuced rae in the absence of an agreement and the guys refused
so they reassigned them, and ilad the„ come in en their days off, change their
days off to the middle of the wee, wri ch is a cost increase there to the citizens
I think because it opens to overtime on court. You know, you bring a guy in who
is ordinarily off on Sunday, you change his day off to Wednesday and bring in to
work a baligame on duty on Sunday, you'd better be ready to pay him court time
on Wednesday, because that's where he's going to be. He'd be there ordinarily but
it's just anything they can do to get•us to take the pay cut. My membership will
say, go ahead, you pay us like you did last year.
Mrs. Gordon: What was that? Repeat it.
Lt. March: Mixture of security and police officers. Police officers being
paid time-and-a-half,and security guards now got their pay raise of 25% so
they will be paid $7.50.
Mrs. Gordon: Okay. And you are not predicating your request now, --there's
no harm in me asking these questions, --I have to understand what you all are
talking about, with regard to 'what was'. You said that your men, I believe
would be willing to accept the Mananger's offer of x number of dollars, and
only require the time -and -a -half if beer was added to the Orange Bowl. Now,
am I wrong on that?
Lt. March: Right. That's okay.
Mrs. Gordon: Is that still what you are saying?
Lt. March: I took it even one step further. I says, --and it never has been
a requirement, once they sell beer, that there be a minimum staffing levels,
a minimum number of hours, --we have never required that of the City.
Mrs. Gordon; Just say if they use the men,
Lt. March: Anytime you start selling beer in the Orange Bowl, you use police
officers, they go back to time -and -a -half. And you staff it the way you see fit.
That's all.
Rev.Gibson:Let me ask this so I can be clear.If we did nothing, --if we did nothing,
and since we can't do nothiir,o, then the Mananger would have to solve it anyway,
1111 Isn't that right? Is that right brother March? Is that right?
Lt. March: Yes, sir.
1111111111111111111
•
Metered Gibson: Mr, Mayer, 1 don't know if a Motion is it1 order, but I'd like
to Offer a motion if this oat, be done, that we refer this Matter to the
Mananger and he handle it, as he the Mananger, is authorized by the Charter
to do.
Mayor Ferre: That's fine with me. There's a motion. Is there a second?
Mr. Reboso: I second the motion, because I think what we are talking about
here is off -duty policemen, not regular time. -
Mayor Ferre: There's a motion and a second, further disucssion, call the
roll.
Mrs. Gordon: Before you call the roll, and Mr. Knox, you know, you ruled
one way. Now, you know,we aren't into something. But you know
if we are discussing it, are we privileged to discuss it?
Mr. Knox: You are not precluded from discussing it, but you are just precluded
from taking any official action which would encroach upon, ---
Mayor Ferre: We are not encroaching. The motion is not to encroach, but to
say that the Mananger should solve, which is what he has to do anyway.
Lt. March:Right.
Mayor Ferre:If anything, it is superfluous. But I think it establishes a
consensus on the Commission, therefore it has a legislative value.
Mrs. Gordon: Then the point is if you vote against this motion, you are technically
in violation of the Charter. So you know, you are putting us between the rock and a
hard place.
Mr. Knox: The motion is not really necessary.
Mrs. Gordon: That's what I would assume. I would prefer you don't have a motion,
if you are going to take that.
Rev. Gibson: I'll withdraw the motion, and the matter will remain where it always
was. I have no problem.
Mayor Ferre: I think the consensus is fairly well established at this point.
Mr. Plummer: Let me ask you this. Mr. City Attorney, would I be in order offering
a motion that the intent of this Commission, to the Mananger is, that he continue
last year's policy? Would that be out of order?
Mrs. Gordon: You know what J.L.? Answer it, George.
Mr. Knox: Now, if again, if there were a policy announced, then it was the
City Mananger's duty within his own discretion to implement that policy. Now,
again, that motion might be superfluous in the sense that the Mananger is not
relieved of the discretion that he has with respect to this question. Even by
announcing a policy, he's not mandated to, --
Mr. Plummer: Hey, George, I understand. What you are saying is, we can't tell
the Mananger what to do. We can only express to him what we hope he will do.
Mr. Knox: Express generally what you would like to have done.
Mr. Plummer: That's the policy of this Commission. Okay? And if I am not out of
order, let me carefully word it since we are playing on semantics is,..
Mayor Ferre: No, playing with the Charter.
Mr. Plummer: Well, okay. That the policy of this Commission is, that the Mananger
follow his policy of,...
Mrs. Gordon: J.L. you can't do that. But I'll tell you what you can do. You can
say what you feel in your heart. And you don't have to do it by motion.
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42
Mrse Gordon: Then you are not telling him anything.
Mr. Plummer: By God, I'll try until I fall, --that the policy of this Corlilittiobi==
excuse me, --that this Commission liked the policy of the Manangeh last year and
we hope he continues.
Mrs. Gordon: Oh, now you did it.
Mr. Plummer: Mr. Attorney, am I out of order?
Mr. Knox: Well now, --you'd like the policy,-
Mrs. Gordon: You can hope, --everybody cpn hope you can't take hope away from
anybody.
Mr. Knox: You are saying that you like the policy that is currently, or was
enforced last year. Period. Then you would not be out of order.
Mr. Plummer: Okay.
Mrs. Gordon: That's a motion J.L.?
Mr. Plummer: I make a motion that Commission,-
Mrs. Gordon; --he is not, --he is hoping, ---
Mayor Ferre: There's a. motion on the floor.
Mr. Plummer: --the Mananger's policy of last year as it relates to the security
of the Orange Bowl.
Mayor Ferre: Theodore Gibson has a good saying,and I'm going to repeat it now.
He says, you cannot do by the back door what you can't do by the front door.
Mr. Plummer: Yes, but the front door has been locked Mr. Mayor.
Mayor Ferre: And the back door is just as locked, as the 'house' is called
the Charter of the City of Miami. And that is impregnable, and it is a fortress
that cannot be tampered with. It is our constitution.
Mrs. Gordon: J.L. I don't think it's going to pass anyway. So I'd simply like
to express my personal hopes.
Mayor Ferre: That you can do.
Mrs. Gordon: I know. I hope, --I really do hope --that there will be a real
strong effort made to break theimpasse. And I mean, --you know, it's got to
be a two-way street. And it doesn't work just one-way.
Mayor Ferre: I agree. I hope that we can, ---
Mrs. Gordon: You know, have the upper hand. I would
hope management would soften a little in their stand. I hope.
Mayor Ferre: I would hope that both manangement and the union would understand
that this is affecting people of Mimai and especially the people who enjoy foot-
ball at the Orange Bowl. I hope that, --Rose's hope is, adhered to, and that some-
how we can get progress. Anything else?
Lt. March: Just one observation. I rose before you last time based upon the
ordinance that was in front of you concerning the security guards and what
was outlined in the memoranium explaining the ordinance, to provide you in-
formation. And I am here again today based upon the continuation of that effort,
Mr. Ferre, though i l;kec the comments you made about staying out of the
back door. That is a two-way street, I have a back door too. If it applies to one
it applies to all.
Mayor Ferre: I was talking ?cut e constitution.
Lt. March: Charter.
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Mayor Ferre: The constitution here is called the Charter,
Lt� March: Okay. Well, I'm talking about things in general then:
Mr. Plummer: Well, let me understand one thing, because I sense that
not going to get accomplished what I've been trying.
Mayor Ferre: I sense you are right.
Mr. Plummer: It's the only time ever you and I agree. Ycu know, Mr. March,
Chief, Mr. Manager, it's a mean man that won't compromise. That applies of
you. I tried.
Mr. Grassie: I think we can work it out Mr. Mayor.
Mayor Ferre: Can we move along now. We have been 45 minutes on this issue.
That kind of tells you where we are going to be on the next one.
43. AUTHORIZE CITY MANAGER TO PROVIDE ONE TWELFTH (1/12) FUNDING
FOR: PROC , ST. LUKE'S OVERTOWN, DAY CARE, DADE COUNTY AFTER
SCHOOL, DADE COUNTY COM 1UNITY SCHOOLS AND DOUGLAS GARDENS.
Mayor Ferre: All right, Mr. Mananger.
Mr. Grassie: Yes, sir.
Mayor Ferre: We are now on Item #9, which is the appropriations for the fiscal
year.
Mr. Grassie:Mr. Mayor and members of the City Commission, we have in front of
you an ordinance which incorporates the several changes which have been made
by the City Commission. I would say with regard to some of the discussions
that you have had on the social service agencies, that we do not have all of
those problems settled yet. But I think that we are about 70% of the way towards
those solutions. What we would like to offer you, is a resolution which adopts
your policy of continuing the funding for several social service agencies for a period
30 days and with that we feel that you would be in a position to approve the
budget that is in front of you. It does incorporate the various changes that
you have suggested and we still have for you a balanced budget.
Mayor Ferre: All right. We have first the appropriations ordinance on second
reading. I don't understand what this is all about. What is this? You mean
"PROC"gets $2,292. What is that? In addition to the $12,000. they were getting?
Mr. Grassie: That is simply to carry them at the current level, and remember
that is at the $27,000. a year.
Mayor Ferre: That one is easy. Everybody agrees to that. All right. Mrs. Gordon
moves, Father Gibson seconds. A resolution authorizing the City Mananger to pro-
vide funds for "PROC", St. Luke's Overtown, Day Care, Dade County After School,
Dade County Community Schools and Douglas Gardens in the amount of 1/12 of their
Federal Revenue Sharing allocations for fiscal year 78 to continue operation until
alternate funding is identified.
Mr. Plummer: We've already done that.
Mayor Ferre: This is a formal way of doing it.
Mr. Plumner:I move it. I buy it.
Mayor Ferre: It's already been moved, and seconded. Further d scussiona,
Mr. Plummer: I third it.
Mayor Ferre: Call the roll,
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The following resolution' was introduced ; by Coi ss i ones Gordon wh
oiled its adoption:
RESOLUTION NO. 78-817
A RESOLUTION AUTHOR ZING THE CITY MANANGER TO PROVIDE FUNDS
FOR PROC, ST, LUKE'S OVERTOWN DAY CARE, DADE COUNTY AFTER
SCHOOL, DARE COUNTY COMMUNITY SCHOOLS AND DOUGLAS
GARDENS IN THE AMOUNT OF it 2 OF ;;HEIR FEDERAL REVENUE
SHARING ALLOCATION FOR FY-77-78, TG CONTINUE OPERATION_
UNTIL ALTERNATIVE FUNDING IS IDENTIFIED
(Here follows body of :es ution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson
was passed and adopted by the o*:l owi nr vote
Commissioner Rose Gordon
Corrissoffer^ J. L. Plummer, Jr.
Commissioner ;Rev.' Theodore Gibson
ViceMaycr Vanolo Reboso
Mayor Maurice A. Ferre
NOES: None.
44. DISCUSSION OF ADOPTION OF A PR P RIATIONS ORDINANCE FOR FISCAL
YEAR 1973-1979, EXCLUD;N'; .. F AREA OF CAPITAL IMPROVEMENTS.
Mayor Ferre: Now, let's get back to the question of the ordinance now.
Mr. Manager, on second reading.
Mr. Grassie: We were saying Mr. Mayor that the ordinance in front of you
incorporates the various changes that have been distributed to you. We
have shown these in detail in the replacement sheets that went into you
budget. I would like now to ask Howard Gary to review those specifically
with you if you would like. I think Commissioner Gordon was suggesting that
we do that.
Mayor Ferre: All right.Proceed.
Mr. Howard Gary: The first change we made was to provide $387,000. for the
increased benefits for the retirees, as well as the payback for the watchmen,
laborers and custodians.
Mrs. Gordon: Where is it?
Mr. Gary: We gave you a summary package, I think it was at Monday's meeting
where we showed you the money we provided for the retirees, the money we pro-
vided for the executive secreatry of Civil Service. Okay. The retirees funds
were placed in a special programs and accounts. Why don't you show mrs. Gordon.
Mr. Grassie: Commissioner Gordon, if you look on page 2 of the ordinance,
in the first section, --yes, the one we just handed you, --on page 2 of the
ordinance, in the first section, which is listed the general fund, the last
item there is special programs and accounts. That has been increased to $7,344,000.
in order to accommodate the moneys necessary for the retired employees.
Inaudible remarks.
Mr. Plummer: --yes, I will tr.rrn it ;in. ( -;cro none),--tnat provision had a
retroactivity to it. Now, that i s, wa"! - docunert for the forthcoming year,
how, if any, has it been addressed in the past or am I just to assume that
E. it's taken care of for the 78 year.
Mr. Grassie: No, sir. You acted on that today. You acted on an appropriation
which provided $60,000 to pay for the retroactive feature and we did that
■ today.
■ Mr. Plummer: Then that answers my question. This only speaks to the upcoming.
gg
ma Mr. Grassie: This only speaks to next year. That's correct.
■ Mr. Gary: Mr. Mayor?
■
Mayor Ferre: Yes, sir.
■ Mr. Gary: The changes I am referring to was given to you Monday, --all the City
Commissioners, the package that looks similar to this. The changes are, firstly,
we restored the Civil Service,..executive secretary for the Civil Service Board,..
Mayor Ferre: $25,000.
Mr. Gary: Right. We made appropriation $25,000. The funds came from contingency
funds. We've also placed $12,000. in Publicity and Tourism for the Dinnah Shore
Show. We've also provided funds for the retirees, in the amount of $387,000.
That's to cover the increased benefits for retirees as well as the payback for
the laborers, watchmen and sanitation workers, who did not have an opportunity to
join the pension, or left out of the pension system for that period of time.
We have also reallocated the pension payment within the police department by
taking all of it out of the director's office and appropriating it to the
various departments.We've also provided $47,000 for the advertising and mailing
for the new zoning ordinance changes, and we've also provided, which the City
Mananger just discussed, provided to you, an appropriation of $38,000 to carry
forward at the current level those social service programs which you decided
should be continued last night. Now that will be a special programs and accounts
and it will come from, --turn to page 195 in your budget, --if you look at quality
of life, look at the details, city-wide event, page 195,--it's the second category
down, Quality of Life Program, --we have $41,650. for city-wide events. Of that
$38,000. will be appropriated for those programs for 1/12.
Mrs. Gordon: Gary, --the one we just appropriated the $38,000 came from what?
Mr. Gary: The contingency fund.
Mrs. Gordon: Contingencies?
Mr. Gary: Right.
Mrs. Gordon: Okay. And the community festival, one under Quality of Life, --
what is that here?
Mr. Gary: International Folk Festival comes from the city-wide events and
special programs and accounts.
Mrs. Godon: You mean the reallocation to it?
Mr. Gary: Yes.
Mrs. Gordon: Where is it shown on here?
■
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Mr. Gary: It's not shown for the mere fact, Madam Commissioner, that we adopt
the budget by major departments. Special programs and accounts is a major depart-
ment within that, you have subcategories of expenditures. If you approve, then
this becomes an appropriation within special programs and accounts.
Mrs. Gordon: Mr. Grassie, correct me if I'm wrong, but shouldn't that read,
additional sums be put into the publicity department were the rest of it is?
That's where it ought to go.
Mr. Grassie: It could be. The most practical thing for us to do probably is to
91
SEF 2 .( 1976
wait until you approve an agreemeri i yr °'orty Freedran . And if you Y`emember,
II each year, when we do that, we pro.'ic,, a budget. Now what they are asking for
II at this point is a revised budget, --I think we need to bring that back to you,
II and when you act on that revised budget, then S19,000. will come out of the
■ existing tourism budget, and whatever you decide the rest is, would come out
II of that $48,000. account tnat you have in front of you.
•
■
Mrs. Gordon: But I feel like this is an inter -cite exchange. It's not giving
it to somebody else, and if is never used, it wi;l come back out into the
City coffers in the general fund anyway. 71 would say let's move at this time,
and appropriate it to the Publicity Department.That's where the_ rest of it is.
1 Mr. Grassie: Well, if the City Commission feels that it knows what the amount is,
and if you agreed on what the figure should be, you could do that. But it really
depends on whether or not you want to have another look at that program to see
what you want the budget to be. Because you may want it to be something other
than simply what they asked for.
Mrs. Gordon: again I say, you know, --it's in the city. It's not giving it away
. to somebody else.
Mr. Grassie: We could do it either way. Whatever the Commission prefers.
Mrs. Gordon; My preference is that way, you know.
Mayor Ferre: All right. Where are we then? Howard?
Mr. Grassie: I think those are the changes Mr. Mayor. The only thing then that
we would have that would be in addition to the basic budget is this business
of extending some social programs for 3C days, and we still don't have all of
the answer to them. We have to look at CD and see whether that's part of the
answer.
Mayor Ferre: Further discussion on this? Any questions? What'S the will of the
Commission? At this time, --we need to make a motion with those, ---oh, I'm sorry.
Mr. Sherman, I want to point out, I've got to be at the airport to receive Mrs.
Carter in Miami at 5 o'clock.
Mr. A.G. Sherman: I'll try to make it as brief as possible. My name is A.G.
Sherman, representing the City of Mimai General Employees Association, AFSCME
Local, 1907. I feel as Don March has, as though I've been in this posture before
coming before the Commission in the same status. I don't enjoy coming before the
Commission to plead for things which morally and in good conscience I feel shou~"
be recognized with concern by a unanimous Commission. Once again I am here repre-
senting 2200 people. I express their concern and frustrations and declining morale
which is increasing from day-to-day. Starting in June 1977 I approached this
Commission asking that they grant a 3" cost -of -living increase, retroactive
back to October of 76,the reason being we were not able to negotiate a contract.
The Commission in December of 1977 did grant the 31/2 percent by a 5/0 unanimous
vote of this Commission. By doing so they did make a lot of people a lot happier
during the Christmas period.From the direction of the Commission on the 31 percent,
retroactive , their problems resulted in the way that the moneys were distributed.
Discrepancy has arisen, and its now in litigation, and it will be in court in the
next two weeks to resolve it. During the period of time, you told us, --and I appro-
ached the Commission for the 3};„ percent . Our problem lies, that there were con-
flicts in labor organizations, that we should resolve our differences, affiliate
and form one organization. In January, we did affiliate. In May we received cer-
tification. In June we went to the negotiating table.
Mr. Plummer: May I stop you for one second, A.G.
Mr. Sherman: Yes, sir.
Mr. Plummer: I want the record to be clear, because people like myself, many times
come back and refer to it. I don't think it was ever the impression given by
this Commission that we told you to affiliate.
Mr. Sherman: Suggested, I said.
Mr. Plummer: Well, even suggestion, --I think our suggestion was to work your
problems out and then come back. There's a little bit of difference, than the
implied. Just for the record.
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Mtn, Sherman: Right. Since January 1976, the cost -of -living index has risen
22%.Employees which I represent, have received on 32 percent during that
period of time, which is quite a discrepancy. As you see on the adopted
budget, which I have presented to you, if you will please look at it, you
will find that moneys were provided in the departmental budgets, to provide
for a 32 percent and 5% cost -of -living increase for the employees. This was
substantiated by Howard Gary in a recent, as July, deposition taken by our
attorney which is in somewhat of conflict of what Mr. Gary said last night.
And I will answer that if there's any questions on that. Other employee organi-
zations have received the 5 percent last October of 77. They have also received
other benefits which resulted in approximately 2 percent take-home increase.We
have employees with 20 and 30 years of dedicated service with this city. They
are economic victims, which aren't able really at this time to derive the benefits
which should be,released to them during this budget year that is phasing out. But
it seems that the City Mananger is able to find a source of income from a budget
which last year, he told this Commission and the employees that it would have to
dictate and lay-off 167 classified positions. But he was able to give his ad-
ministration personnel upwards of 10 percent increase, retroactive back to February
1978. As a comparison, this means, that an employee,...if we receive 5 percent,
we'd receive appoximately a $60.00 increase per month. These administrative
people will receive approximatley 3 to 4 hundred dollar increase. I also am
sure that this Commission did grant that this money be set aside for our neg-
otiations, and if we did reach it at the bargaining table, that we derive this
increase, I am sure these people will also receive the 5 percent cost -of -living
increase. They have received a 131/2 percent increase since October of last year.
The City Mananger in a response to Commissioner Gibson's statement last October
of 77, replied that it was his policy, and a good policy to treat all employees
equally when it comes to wage increases. The Mananger said last night that we
are in negotiations and we should continue for that 5 percent. We gladly accept
that probability. Except that on the other hand, he is telling you, this Commission,
that there's no money for negotiations. So it is going to be hard for us to sit
down and negotiate if he tells us there is no money available. Where is there
economic justice, quality and dignity for those not fortunate enough to have
been imported in from out-of-town to receive these abusive raises. If you will
look at the papers which I have attached and put before you, you will find there
are job classifications which have been created since this administration has
taken effect in '76. We feel that this is one of the areas which is causing a
complete strain upon our budget. And this is not a complete, only a compiled list
of the ones we have gathered, and if the Commission wishes we will pursue it and
bring you more up -dated and accurate information on it. In closing I will please
ask this Commission to make a motion directing the City Mananger to place in escrow
51 percent salary adjustment, pending negotiations which were provided for in the
77-78 budget for the general employees. I am also hoping that this Commission will
find other sources of income to provide wages in the up -coming years, in the budget
which you are getting ready to propose and adopt. I thank this Commission.
Mayor Ferre: Are there any other statements at this time? We have the recommendation
of the Mananger. We have various statements that have been made. I don't think
there's any big mystery on where we are at this point. And I think we've all
pretty well made up our mind one way on the other what we wish to do. I made
a statement to you this morning expressing my personal opinion. And in the
interest of saving you some time, I am not going to repeat it. I am ready to
proceed. So what's the will of this Commission.
Mr. Don Teems: I am Don Teems, president Miami Association of Fire Fighters. I
get the impression you are ready to take a vote one way or the other. We have
a little more information I think that you need, before you take,....
Mayor Ferre: Okay? Dr. Barry.
Dr. Barry: It's okay.
Mr. Sherman: Before we get into that Mr. Mayor I had asked....
requested the Commission to make a motion that those moneys,.,. yes, Sir,...
Mayor Ferre: Mr. Sherman,...the floor is open,...anybody wants to make a motion
anytime they can do so.
Mr. Sherman: I'd just like to bring up and ask the Commission if they make the
motion that these moneys be kept in escrow pending negotiation conclusion and
we can negotiate for those which you feel we should have received.
Mayor Ferre: Thank you. All right. Dr. Barry?
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Dr. Barry: Yes, sir.
be Barry: Thank you again. Excuse me for the informality without a suit,
l borrowed a tie from my good friend Heinz and I at least have that much
formality. I didn't expect this today to be discussed. I am glad it is.
There is one thing I would like to begin with is the one point that was
made last night by Mr. Grassie concerning the growth and the utilization
of Florida Power & Light franchise fees for raises.
MI
EE Mr. Plummer: Dr. Barry could 1 interrupt you for one minute?
a.
ma
Mr. Plummer: Mr. Mayor in fairness, we've heard from GEA, we are going to
hear from Fire. It is known to me the Police are in negotiation. I think out
of a matter of courtesy, that they should be notified that this discussion is
taking place. If they wish to comment,I think it should be. And I say that in
the interest of fairness. They might not want to say anything. But I say, since
they are locked in a room, they should be afforded the opportunity to comment
if they wish. I merely say that on the record. Go ahead, Doctor. I'm sorry.
Dr. Barry: Basically what I wanted to point out was, from the memo from Howard
Gary in terms of the status of the Capital Improvement funds, September 12, that
it was pointed out that 3 million dollars was placed in the general fund for
salary increases and that that amount has grown to 3.6 million dollars over time.
If you look at that back-up sheet on the memo from Howard Gary, it shows that in
76-77, $3,911,000. was transferred to the general fund and currently its proposed'
only 3.6 million dollars. So, in there's been a decline in reliance through this
own document from the administration, of the general fund, upon the Florida Power
& Light franchise fees, which goes along with what I said yesterday, in terms of
trying to suboptimize the budget and look at specific moneys and the losing side
of the whole system. The major point I want to make today however relates to what
Mr. Gunderson erroneously discussed last year, which is the uniform accounting
system for local units of government in the State of Florida. There's been a
handout to you of three sheets of paper. These are xerox copies from the so-called
'Red Book' which represents, and I'll read to you the new requirements for
accounting principles. It sites in the beginning on page 1 of the introduction,
it says in effect that 'according to chapter 218.33 of Fla statutes, that this
system of accounting will apply to all, --and if you read the last sentence in
the first paragraph, --all units of local government as of October 1, 1978. In
other words this system of accounting is mandatory for a local unit government
as of the 1st of October, the first date of the buget you are being asked to
pass. Now, if you will look at page 2 and 3 together, you'll notice on page 3
of this handout, from your own auditor again, the discussion of Florida Power
and Light franchise revenues. There are quote marks around part of that dis-
cussion.And those quote marks say to account for the receipt and disbursement
of moneys used for the acquisition etc. Now those quotes come directly out of
the statute that I've just sited to you. If you will turn to page 2, and you
look under capital project funds, it says to 'account for the receipt and dis-
bursement of moneys used for the acquisition'. In other words, your own auditor
is saying to you, if you do not conform to the State statutes for uniform system
of accounting all units of local government, effective on the first date that the
Mananger proposes this budget to be effective. So in short, what he is proposing
to you in a budget ordinance today, violates the uniform system of accounting
set forward in that Florida statute. The only way you are going to, according to
your own external auditor, conform to the law, is to incorporate the su-called and
misnomered capital improvement projects fund, for capital projects fund, into
the general fund, as was suggested the other night by myself, --was suggested by
Mr. Jessup and myself in a written document a year ago. Now, I want to ask you one
question. Why is it that there was a change in the budget document,because the
Mananger said, I just got these notes, -these management notes --from the auditor
the other day. He said that last night, as an excuse for not having done it, I
suppose. And the budget, he said, has been out for some time. But you remember
you got a handful of sheets of paper about 2 weeks ago which changed the utili-
zation of utility service tax funds. And when I called budget about that a week
ago,(and I didn't think of this last night --I don't know why) but the reason
given was, 'well that's to conform to the new recommendations by the auditor
that have just come through'. Now those new recommendations by the auditor
that brought about those new pages that were issued by the budget department
for which they had adequate time to issue new pages, relate exactly to, --on
page 1-3 of the Peat,Marwick Mitchell Company audit sheet, what is covered in
that utility service tax discussion, which is exactly the following paragraph
i
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1
1
1MEM
frOM the recommendation on Florida Power & Light franchise fees. the one the
Mananger says they just received and did not have opportunity to bring about
Changes in. So what am I saying really, I guess is the question. What I am saying
to you is, that the Mananger made a selective change regarding utility service
taxes as recommended by the auditor, which he had to read through the process
and the recommendations relating to the capital projects funds. In other words,
in order to get to utility service taxes, he had to have already read through
the Florida Power & light discussion by the auditor. But he chose not to make
the recommended changes that related to the so -called, -and use of the Florida
Power & Light franchise fees. And that auditor says, after having quoted the
State law, which is mandatory for you to follow as of October 1..He says that
we recommend that this fund be dissolved and the receipt and expenditure or
transfer of Florida Power & Light franchise revenue be recorded in the general
fund because the current fund in which they will go into, do not meet the statutory
requirements in effect of that type of fund. So he is saying to you, at your
expense, because you paid for it, the current recommendations,in effect,by
the Mananger, do not meet the state statutes as of the first day of the pro-
posed budget. The only way it is going to meet the State statutes according
to your own auditor, is if that fund be closed out into the general fund,
as he recommends in his document. Now, the Mananger had time, --hopefully
not be too redundant, but to try to make a point, he had time to issue new
sheets of paper dealing with the change in utility service tax utilization
and accounting as recommended by the auditor. And I say to you, it is a very
simple matter to alter this document, to do what he also recommended to conform
with the State law as of October 1, and that is to incorporate the Florida Power
& Light franchise fees into its proper fund, under the State law, and that is the
general fund for utilization there. And that allows you to optimize . You've got
capital projects that have already been appropriated for, they are not affected
by that move, because they are still appropriated for. You've got other funds
that haven't been appropriated yet, and this allows you to then to look at those
funds and to maximize for the welfare of this community, their proper utilization.
You have all your options in front of you. Capital funds, other utilizations such
as salary increases. Now remember last year --it was a wrong interpretation, but
Mr. Gunderson, sited during the F.I.U. hearings the example of the Florida Statutes,
the uniform system of accounting. He said you cannot utilize the balances in the
enterprise funds to cover the deficits in other enterprise funds. Dr. Hendrickson
said, well, yes, because these all meet the definition of enterprise funds.
Remember? Then the Mananger recommended to utilize that money for capital improve-
ments in the various enterprise funds. So it still didn't help out the general
fund last year. But Mr. Gunderson was waiving this document at you last year saying
no, no, you have to transfer that $600,000. out of the general fund into the enter-
prise funds in order to cover the deficits. You have to according to State law,
he kept saying. Of course he misinterpreted the State law, as Dr. Hendrickson
pointed out. But how come this document is waived at you on certain occasions,
and on other occasions, its hidden behind the back and is not waived? How come
is it in the auditor's on manangement notes and recommendations, they decide to
accept this paragraph and incorporate it in new sheets of paper, but when we talk
about this paragraph, they say we just got it and the budget has been out for a
while, and there hasn't been time for changes. All I guess I am saying is that in
a democracy, its the Commission to decide what happens. Of course, they are the
ones that bear the burden of what happens. I suggest that, since your own autidor
has said to you, if you don't conform to the law as of October 1, that perhaps
some ammends should be made for that. Thank you.
Mrs. Gordon: Mr. Grassie, would you answer some of those statements we have just
heard please, sir, because we need to know you side of it.
Mr. Grassie: The external auditor, Commissioner, as a professional matter,
mails their report directly to each of the Commissioners, at the same time
they mail it to me. I believe if you check with your offices, or possibly you
remember, you probably got your report September 25, or 24th,--something like that,
which is the same time I got it. And although the covering letter from the report
that you got, and the report that I got, is September 11 as I recall. The fact is
that you got it when I got it, and all of that rhetoric on the part of Mr. Barry
really has very little to do with the case of how the budget was presented to you.
That obviously was done significantly before the auditortfinished their report.
Mrs. Gordon: Then am I to conclude that it is your intention to follow the
auditor's recommendation with regard to that, page 1-3?
95
Sir .
tat'assiet The first thing that we will be doing is to complete the
capital improvement program as it is completed every year. I think that
in view of this recommendation from the auditor, that it would be reasonable
to identify within the capital improvement programs, funds which are necessarily
dedicated and those are basically the revenue funds or the categorical grants -
that the city receives, and distinguish them from funds that are flexible. And
think that the F.P & L funds have always been considered by the City Commission
in that category of being flexible.Were it not the case, I don't think that you
would have back in 1975, taken out are amount of money for salary increases. That
precedent was established back then, so that you did recognize the general nature
Of these funds. However it is also been consistently your policy., to approve a
capital improvement program which takes irto consideration all of the FP&L funds
other than those which you have specifically identified. Now, following that policy,
the first document that we would bring to you; will be a capital improvement program
that treats the FPL franchise money as you have treated it before. It will then be
your option when that document is presented to you, and I would estimate that that
will probably be within the next, --if not your next meeting, certainly by the one
after that. But probably it will be in October. At that time, it would be your
option to decide whether you want to continue the policy that you have exercised
in the past.
Mrs. Gordon: I have a question in my mind that I have to resolve before I can,
--you know, make decisions, either way. And that is this, how much money would
it require to be placed into whatever fund, --escrow fund, --whatever you want to
call it, for the salary increases? How many dollars, --I know you can't give me
an exact, --because you are in negotiations, but assuming a reasonable solution
comes out of negotiations. How much money,...
Mr. Plummer: Whose term of reasonable?
Mrs. Gordon: ,still you ought to have some idea. Is it 10 million,
5 million, 3.1 million? I am not asking for an exact figure.
nev
Mayor Ferre: The moment you do that, you are substituting yourself for the
Mananger,..
Mrs. Gordon: No, its information from the tfananger; not substituting a thing.
Mr. Grassie: I don't think there is a good answer to that question because
of this. Anytime that you arrive at a dollar negotiated settlement for the
bargaining unit, you will have atleast 10 major items that are of concern to the
bargaining unit. In addition to that you will have between 30 and 40 contract
paragraphs that they will want to talk about. But they will have approximately
8 or 10 major money items. Either money item or else privilege items, are the
things they are going to be concerned about. What I am saying to you is, that
anytime that you go through a negotiating process, you will find that the members
of the bargaining team for the union will/be willing to give up on some money
items, if they get it some place else. And it is really virtually impossible
to tell you how that mix is going to work out.
Mrs. Gordon: Let me tell you what I'm thinking, --what I'm feeling, and that is
this. We are going to receive the capital improvement funds with some capital
improvement recommendations, you know,-- to be used from that fund, and what I'm
wondering is, you know--before,--well,you did say before, that we wouldn't have
to adopt that at that moment. But on the other hand, I just want to be sure,that
we have somewhere to go, to fund whatever comes out of the bargaining table.
Mr. Grassie: That will always be your option. You will have that flexibility.
Mrs. Gordon: Yeah, but can't always be sure of that, you know?
Mayor Ferre: I know Rose. But look, the City. of Miami Commission is the body
that sets the policy here. If we, --if it is our desire to stop all capital
expenditures, and use that money for wage and salary,we have that option, if
it is the will of the majority of this Comission.
Mrs. Gordon: I personally want to say how I feel again,....
Mayor Ferre:...unless it is money that's already committed.
Mrs. Gordon: Yeah, --okay. I'm talking about the four and a half which is understand
is not committed, you know. I would have to say to you, Mr. Grassie, that if that,__
00
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when that#capital improvement budget came back tb us, or with all the whatever$
afi d negotiations were not completed, I would be very opposed to allocating one
dime for any capital project of any kind, until neogitations were complete.
Mayor Ferre: Until we finalize.
Mr. Grassie: Well, that's not an unreasonable position. At lease it is not
unreasonable with regard to the flexible money. I think that you have the street
money, --street lighting money, sewer moneys, which of course, you might as well
move on, because you have no option with regard to using them for something else,
but if you would like to hold up on the so-called flexible money, I think that that's
an option that you could exercise.
Mrs. Gordon: I think that would not be out of order then for us to motion to you
our intent, our policy along those lines. I can't see anything adverse to the
Charter in policy, along those lines.
Mayor Ferre: I have not problems with that, provided we adopt a budget.
Mr. Grassie: I would suggest to you, that you would probably want to see a
capital improvement program, rather than simply a big contingency fund. Now,
that's in the process of being prepared, if you need to know what your alternatives
are.
Mrs. Gordon: I am not saying we would turn down all capital improvements, but on
the other hand, you know, we have do decide, you know --if we are going to be working
in good faith, to come to a settlement and then we have found we have spent the money,
we don't have it to fund it.
Mr. Grassie: There's no way you should be worried about that because, if you know,
the speed at which the capital improvement program is spent, causes it to have a
fund balance as we have right now, because in fact appropriations do not get spent
from year to the other. What I am saying to you is, that the level of spending is
not such that within a period of a month, you have any danger that you will have
occupied all of that money.
Mayor Ferre: Hev, fellows, its very,....
Mrs. Gordon: Excuse me, Maurice, one more question I want to know about, street
lighting funds, --I am looking for some place to find out how much we still have
in that fund. Where do I find that?
Mr. Grassie: Well, really, when we close out this year, --close out the balance
for this year, you would have that amount. What you have in the budget, only
reflects the estimate. But within a few days, or at least a few days after the
first of October, we would be in a position to give you quite an accurate figure
on that.
Mrs. Gordon: What page would I find a estimate you are talking about?
Mayor Ferre: Fausto, you are going to have to call the Secret Service and tell
them that I can't meet Mrs. Carter. I am very sorry. I hope she doesn't get
offended, but there's nothing I can do. They wanted me out there by 5. I just
hope that when it happens in reverse, you remember.
Mrs. Gordon: Okay. What Maurice?
Mayor Ferre: You know, I am supposed to be out to greet Mrs. Carter.
Mrs. Gordon: We are in kind of a,....
Mr. Grassie: He's telling me,that we've made, for example, today, we took money
out of the street lighting fund balance, for the retired employees.
Mrs. Gordon: I know you did. I want to know how much is left in there?
Mr. Gary: Approxiamtely $160,000.
Mayor Ferre: Any further questions?
SFr zt
Mrs. Gordon: Okay, now Mr. Knox. One question. It's a legal question. Is it
illegal for us not to transfer the capital improvement funds,of a franchise
revenue fund, into the general fund according to the auditor's recommendation,
on page 1-3?
Mr. Knox: Based on what I read just a second ago, Mrs. Gordon,. -it would,appear,
your question is, is it illegal for you not to • transfe,r the funds , .`
mi
ii
mm
ME Mrs. Gordon:..since it has been recommended by them, in .the last sentence
il of that discription recommending 'that it be solved, etc.
IIMr. Knox: I'll turn the answer around. It appears that there is a ,requirement
that unused funds be transferred into the general fund. That is, those funds
mm
p that are not used to finance capital projects.
11 Mr. Plummer: We won't know that until we address that problem.
Mrs. Gordon: Well, then we have to do that. Mr. Mananger has to do that.
Mr. Grassie: That's what we were talking about accomplishing through your
deliberations of the capital improvement program.
Mr. Plummer: Mr. Mayor, Mr. Mananger, I understand what they are trying to
accomplish. Let me ask you if wording such as this. At this point we are trying
to reach a compromise. Would wording such as this, that we move this budget as
proposed, subject to a final review and appropriations of the capital improvement
fund?
Mr. Grassie: I think that would be acceptable Commissioner if we understand that
it would not prevent the budget from going into operation on the first of October.
Mr. Plummer: It would preclude the capital fund from going in.
Mr. Grassie: Yes, that is true.
Mr. Plummer: Okay. In other words, we will deal with this budget with everything
excluding the capital improvements until such time as this commission can address
that as an individual item. I don't see where that is in conflict with either
pisition.
Mayor Ferre: That's the only way we can go.And as far as I'm concerned, if you
want to make that into a motion, I am willing to second it, if I don't get anothe.
second.
mmm
Mr. Plummer:You know, let me hear from you.
Dr. Barry: That may accomplish some other motive, but I'm saying in terms of
= the recommendations of the interpretations of State law, that's quoted in this
document, it says it should be clear.
Mr. Plummer: Doctor, what you are saying is in fact State law, they've got to
do it. You know, it's not a choice. It's a State law, they've got to comply.
Now, all I'm saying is, that we not affect anything in that area.We freeze that
portion until such time as this Commission can deal with that as an individual
specific item. I don't see where that does your position any harm, nor theirs.
Now, if I am wrong, you tell me that you feel I'm wrong.
Dr. Barry: No, sir I'm not speaking as a partisan, I am saying it as an economist,
that, --I'm just speaking that,...
Mr. Plummer: As an economist, do you feel that position is detrimental?
Dr. Barry: No, I'm just saying that it says that is should be in the general fund
period, as of October 1.
Mr. Plummer: And as the time we have to address that, we will do that, if that's
what we have to do. I don't think anybody sitting up here, including the Mananger
sitting over there, is going to do anything contrary to State law intentionally.
Mr. Teems: Mr. Plummer, I don't think I have any problem with that from a labor
standpoint. But I will tell you this, that what he's trying to tell you, is that
98 stf•
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a
that money is supposed to be in a general fund. If you want to appropriate it
for capital improvement, then you transfer it into the capital improvement fund,
Mr. Plummer; Mr. Teems, understand me. What I am saying is, if the State law
says that's what he's got to do, God help him if he doesn't.
Mr. Teems: But he hasn't done it in his budget.
Mr. Plummer: And it's not yet October 1.
Mr. Teems: No, but you are going to pass a general fund budget.
Mr. Plummer: He's got a grace period, being reminded by you, --he's got a
grace period of 72 hours.
Mr. Teems: I don't have any problem with what you are saying, from a labor
standpoing. I'm just trying,...he is just trying to point out to you, that
he thinks you might be,....
Mr. Plummer; Mr. Mayor, let me make your motion, get us off dead center,..
Mayor Ferre: All right.
Mr. Plummer: I make a motion we adopt the budget as presented, excluding that
area designated as 'capital improvements' until such time as this Commission
has had the opportunity to deal directly with that, --and legally with that,issue.
Mayor Ferre: Is there a second?
Mr. Teems:Not in that budget, its a separate budget.Tney are holdiriy that
4.5 million from view right now. It's not in this budget.
Mr. Plummer: Ain't holding it from
Mayor Ferre: We have a motion and a second. Call the roll.
Mrs. Gordon: I don't honestly think that motion is going to say or do anything
other that already is. What you might as well just say, is you are adopting this
on second reading and then you are hoping for the best because that's all you are
really saying.
Mayor Ferre: That's all you got anyway. Further discussion?
Mrs. Gordon: And I'm still troubled because Mr. Knox reiterated, and what he
said I think he concurred with Dr. Barry's statement that it is not legal for
us to keep it segregated from the general fund. Now we are willing to go ahead
and condone an illegal act, --I don't think it's right.
Mr. Plummer: Rose, what I'm saying is, that today identified as the capital
improvement fund is a'no,no' until we meet again.
Mayor Ferre: That's right.
Mrs. Gordon:Let's set the, date .I really believe that this should have been
done properly.
Mr. Plummer: Even if Dr. Barry is right and I personally think he is,and its
transferred to the general fund, that that money not be touched until this
Commission has the authority and priority to sit down and, address it
Mrs. Gordon: We do anyway. Nobody can spend that money until we allocate it
for something. But from the bookkeeping standpoint it's got to be in here now.
Mr. Plummer: Let me tell you where you are wrong, Rose. If it's an unappropriated
funds, then the attorney is telling you, you cannot put it in the general fund.
Mrs. Gordon: No, that's not what he said. Ask him. If that's what he said, that's
different than what I heard him say. The only ones you don't have to transfer is
the appropriated funds.
Mr. Plummer: I don't see any
99
SEP'4 -72
IIIIIIIIIII F 1111
May Ferro: Further discussion. We have a motion and seconds Mr. Knox
the record.
Mrs. Gordon: Well, it doesn't hurt anything J.L. You know, it doesn't accomplish
anything either, other than passing the budget without putting in those funds
into the general fund.
Mayor Ferre: Further discussion? Call the roll.
Mrs. Gordon: I can't cast my vote until Mr. Knox tells me that the action that's
being taken now has no illegality about it.
Mr. Knox: All right. The policy which has been developed by the State of Florida
indicates that local units of government should implement its policy on October 1st.
The policy that should be implemented on October 1st is, that all unencumbered funds
which are in a capital improvement fund, shall be made a part of the general fund.
Mrs. Gordon: Okay. Then what you are using, the word is should, instead of shall.
Mr. Knox: I said shall.
Mrs. Gordon: Shall
Vitt)
? Well it is illegal to do it, --not to jnclude
and I'm going to vote no, because I'll be darned if I am going to be casting an
illegal vote.
Mr. Knox: The question is, at this point, it's not illegal.
Mrs. Gordon:It will be on October ist though.
Mr. Knox: Provided that the funds, if any, ---
Mr. Plummer: This doesn't prohibit the Mananger from transferring it from capital
funds to the general fund. All it prohibits him from doing, is doing anything with
it. Okay. It doesn't prohibit that.
Mrs. Gordon: He can't transfer it without us transferring it by legal act. Can you?
Mr. Plummer: Oh, yes, we can. We are superseded by the legislature.
Mrs. Gordon: I don't think so. You've got the right to transfer without
a specific act on that Mr. Grassie?
Mr. Grassie: Well there's a distinction between receiving the money and
it once it has been appropriated.
Mrs. Gordon:
Mr. Grassie:
Mrs. Gordon:
That's right.
Commissioner Plummer is entirely right.
You can transfer without,....
us making
transferring
Mr. Grassie: No, no. The first thing you have to do is receive the money. Once
we receive it, it has to be appropriated by this body. Once you have acted on it,
and that is the purpose for which it is spent.
Mrs. Gordon: We already have it in a,...we don't have that money in -hand?
Mr. Grassie: You have not acted on that yet.
Mrs. Gordon: No, no, no. Oo we have 4.5 million dollars in trust, in a banking
institution? Is it in the city's possession?
Mr. Grassie: No, some of that money we are not even going to receive until June.
Mayor Ferre: Further discussion? Continue the vote, the roll call.
Mr. Ongie: Did you vote 'no' Mrs. Gordon?
Mrs.Gordon: I am going to tell you right now that, I heard Mr. Knox say
three times that it was not legal to keep moneys out of the general fund
100 SEP4,
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if the city has it, Now, I can't be sure how much the city has it doesn't have,
Because I've heard a couple of different, statements, I'm gong to say No.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 78-618
A MOTION OF INTENT OF THE CITY COMMISSION TO ADOPT
THE FY-78-79 CITY OF MIAMI BUDGET AS PRESENTED BY THE
CITY MANANGER BUT EXCLUDING FROM IT THE AREA DESIGNATED
AS "CAPITAL IMPROVEMENT" UNTIL SUCH TIME AS THE CITY COM-
MISSION HAS HAD THE OPPORTUNITY TO DEAL DIRECTLY WITH THAT
AREA OF THE BUDGET
Upon being seconded by Commissioner REboso , the motion was passed
and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: None.
ABSTAINING: None.
Mr. Don Teems: Mr. Mayor I'd like to address the Commission one minute. I waited
until after you voted because I don't have any problem,...
Mayor Ferre: Okay, Don, go ahead.
Mr. Teems: I think Mr. Jessup and Mr. Barry protrayed my sentiments in their
review of the budget very accurately. The greatest concern I have, is the
administration's complete lack of concern for the classified employees. Not
the budget, not negotiations, but a complete lack of concern. I'd like to
address a couple of issues. What you've just done now, in that budget, you
passed an executive pay plan. Okay. For the executives.They've left the
general employees, they've left the fire, they've left the police hanging
out in the air. That's all right. You know, that's the way it goes. Let me
explain something to you, just a minute about the executive pay plan. A
classified employee has two ways to receive a pay increase. One, a step within
his classification, two, through negotiations. The executive pay plan, as far
as I can see, has got several. One, he can receive his step raise or an anni-
versary raise, within his classification, and/or an increase out of the 80
thousand dollar executive pay plan that the Mananger can dole out, and/or
increases through CETA supplements,if they handle CETA related business.
An example of that, our labor relations officer, and his assistant; and/or in-
creases awarded general employees last year, the 31k% retroactive. That's four
that I know of. As far as I can see,an executive can receive one or all of these
increases. Mr. Gunderson is due a step increase, or an anniversary increase this
year. He could also be in line for an executive pay raise.
Mayor Ferre: Don, we've been through all this.
Mr.Teems: Excuse, me?
Mayor Ferre: I say we've been through all that.
Mr. Teems: I know we have. I would like to go through it one more time and
I am going to get to the point. He can also receive a CETA supplement since
he handles the financing of CETA.
Mayor Ferre: He can get all of those.
Mr. Teems: Are you going to let me finish Mr. Mayor? Please?
Mayor Ferre: Go ahead.
SEP 2 a �:;;
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1
Mf, Teat: What ama2es Me is that they've §ot the ?erve to tell us that
if we want a pay increase, we are going to have to lay-off employees.
Well at the same time, they increase their own salaries, increase their
own staffs.
Mayor Ferre: I've got to go to the airport Mr. Grassie. I've got Mrs Carter,
you know,...
Mr. Teems: Okay, Mr. Mayor I understand.
Mr. Grassie: Have we done No. 9?
Mayor Ferre: When we get back, I'm perfectly willing to recognize,...
at 7 o'clock I'll recognize you, and you can talk for an hour. Okay. At
this time I've got to go. Can we vote on this.
Mr. Grassie: It is just establishing the territorial limits of the City.
I don't think it's controversial.
Mayor Ferre: What Item?
Mr. Grassie: No. 10.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves.
Mr.Ongie: We haven't done 9 yet.
Mr. Knox: We have not done 9 yet.
Mr. Ongie: We have not done 9.
Mayor Ferre: We just voted on it.
Mr. Ongie: We did a motion of intent.
Mrs. Gordon: Why don't you do when you come back Maurice.
45. EMERGENCY ORDINANCE: MAKING APPROPRIATIONS FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1979.
Mayor Ferre: Now, wait a moment. Let's get this straight. The motion that
Plummer made was item #9 with the modifications that he made.
Mr. Ongie: But it was an ordinance and it wasn't read.
Mayor Ferre:Would you read it?
Mr. Knox, City Attorney, read the ordinance by title.
Upon roll call, Mrs. Gordon: For reasons stated, the vote is 'no.
102
SFr z : I,;
AN'OROINANCE ENTITLED
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1979, PROVIDING THAT IF ANY SECTION
CLAUSE, OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL,
IT SHALL NOT AFFECT THE REMAINING PROVISIONS, REPEALING
ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
DECLARING THE SAME TO BE AN EMERGENCY MEASURE AND -DISPENSING
WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION
was introduced by Commissioner Plummer and seconded by Commissioner Reboso
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: None.
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Reboso adopted said ordinance by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8858.
46. EMERGENCY: DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF
ORDINANCE THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION FIXING
THE MILLAGE AND LEVYING TAXES FOR FISCAL YEAR 78-79.
Mayor Ferre: Now, an emergency ordinance defining and designating the
the territorial limits of the City of Miami for the purpose of taxation
fixing the millage and levying taxes in the City of Miami, Florida for
the fiscal year beginning October 1, 78 and ending September 30, 79,
containing a severability clause. Plummer moves, Reboso seconds. Further
discussion, call the roll.
Mr. Knox: He read the ordinance.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE DEFINING AND DESIGNATING THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE
OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979, CONTAINING
A SEVERABILITY CLAUSE
was introduced by Commissioner Plummer and seconded by Commissioner Reboso
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre.
NOES: Mrs. Gorson
ABSENT: None.
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Reboso adopted said ordinance by the following vote:
AYES: Mr. Plummer,Mr Reboso, Rev. Gibson, Mayor Ferre.
NOES: Mrs. Gordon.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8859.
■ ■■iiiiiiiiii■i■■iIIiui IiiiiiiiuiiiIliiuiiiuii
Mrs. Gordon stated on roll to record her vote the same as item #9
Mayor Ferre: I'll see you at 7.
Rev. Gibson: Seven o'clock, because I am going to leave early.
Mr. Plummer: Let me apologize in advance. I am going to have to intentionally
run a few minutes late. I am sorry, but I'll be running a few minutes late.
Rev. Gibson: How many?
Mr. Plummer: Father, I hope no more than 30.
Mrs. Gordon: Mr. Mayor left? Somebody want to explain to the Interntional
Folk Festival committee that they are here to take a look at us leaving?
He is not going to come back at 5:30. He just said I'll see you at 7 o'clock.
That's what he just said.
ADJOURNMENT: There being no further business to come before the City
Commission, the meeting was adjourned at 5:00 o'clock P.M.
ATTEST: RALPH G. ONGIE
CITY CLERK
MATTY HIRAI
ASSISTANT CITY CLERK
104
MAURICE A FERRE
MAYOR
y OF MIAMI
DOCUMENT
INDEX
MEETING DATE:
September 28, 1978
ITEM NO
12
13
14
15
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EM-
PLOYEES' 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
ESTABLISiING RATES AT MUNICIPAL PARKING GARAGE NO. 2,
LOCATED AT 130 BISCAYNE BOULEVARD.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED
LEASE AND AGREEMENT WTTH MIAMI CENTER ASSOCIATES.
AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE GENERAL
FUND, SPECIAL PROGRAMS AND ACCOUNTS, FROM "FEE
WAIVERS" TO A NEW LINE -ITEM ACCOUNT ENTITLED: CONTRI-
BUTION FOR CETA REIMBURSEMENT".
AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-YEAR
CONTRACT WITH RENEWAL OPTION WITH McDONNEL DOUGLAS
AUTOMATION COMPANY.
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF COM1UNITY AFFAIRS
UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY
SERVICES ACT IMPLEMENTING A GRANT APPLICATION FOR THE
CITY CHILD SERVICES DAY CARE PROGRAM
APPOINTING COMMISSIONER ROSE GORDON, COMMISSIONER J.L
PLUMMER TO SERVE ON THE DADE-MIAMI CRIMINAL JUSTICE
PLANNING COUNCIL
ACCEPTING THE BID FROM BANKERS' LIFE & CASUALTY COMPANY
THROUGH ITS LOCAL AGENT JOSEPH R. LOWERY & ASSOCIATES.
ACCEPTING THE BID OF MARKS BROTHERS CO. IN THE AMOUNT
OF $748,150.80
ACCEPTING THE .^,ID OF P.N.M. CORPORATION IN THE AMOUNT
OF $88,764.14 FOR THE COCONUT GROVE BUSINESS AREA
HIGHWAY IMPROVFMENT B-4408
ACCEPTING THE BID OF RECTO AND ASSOCIATES, INC IN THE
AMOUNT OF $44,587.00 FOR THE COCONUT GROVE BUSINESS
AREA HIGHWAY IMPROVEMENT B-4408
ACCEPTING THE BID OF THE ZACK COMPANY IN THE AMOUNT
OF $42,451.00 FOR THE BAYFRONT PARK AUDITORIUM
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMMENDED
LEASE AND AGREEMENT WITH MIAMI CENTER ASSOCIATES,
AUTHORIZING THE CITY MANAGER TO DEVELOP A FINANCIAL
PLAN FOR A REVENUE BOND TO OBTAIN FUNDS REQUIRED FOR
COMPLETION OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI
COMMISSION - RETRIEVAL
ACTION CODE N0.
R-78-588
R-78-590
R-78-591
R-78-592
R-78-593
R-78-594
R-78-595
R-78-596
R-78-597
R-78-598
R-78-599
R-78-600
0047
0048
0049
78-588
78-590
78-591
78-592
78-593
78-594
78-595
78-596
78-597
78-598
78-599
78-600
ENT'I
CONTI
III
C061F1I��IDN 1RETRIEVAL
Ti}I NO DOCUMENT IDENTIFICATION AGTIQ�^t CODE NO.
ESTABLISHING THE POLICY OF THE CITY COMMISSION COVER-
ING THE WAIVER OF FEES FOR USE OF CITY FACILITIES AND
EQUIPMENT IN ACCORDANCE WITH THE HEREIN ATTACHED R-78-601 78-601
STANDARDS OF CRITERIA
17
18
19
20
21
22
23
24
25
26
27
28
29
ESTABLISHING THE POLICY OF THE CITY COMMISSION
COVERING CITY PARTICIPATION IN AND SUPPORT OF FESTI-
VALS, CULTURAL AND SPORTS EVENT WHICH ARE PLANNED
AND OPERATED BY LOCAL CITIZENS AND BUSINESS ORGANIZA-
TIONS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL CONSULTING SERVICES NOT TO EXCEED
A MIAMI RIVER TUNNEL ALTERNATIVE IN OF
THE BISCAYNE
BOUTEVARD/BRICKELL AVENUE CORRIDOR.
GRANTING THE FIRM OF SKBB INC A WAIVER OF THE CONFLICT
OF INTEREST EQUIPMENT OF THE CITY CODE IN ORDER THAT
THEY MAY BE AWARDED A CONTRACT FOR ARCHITECUIRUAL DE-
SIGN SERVICES FOR FIRE STATION NO. 9
APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO PRO-
VIDE PROFESSIONAL ARCHITECUTRAL/ENGINEERING SERVICES
FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NOS.
4,9, AND 14.
CONFIRMING ORDERING RESOLUTION NO. 78-487
TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE AND
NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56
OF THE CODE OF THE CITY OF MIIANII
ORDERING N.W. 20 STREET AREA SIDEWALK IMMPROVEMENT
B-4437 AND DESIGNATING THE PROPERTY AGAINST WHIM
SPECIAL ASSESSMENTS HALL BE MADE FOR A PORTION OF
THE COST THEREOF
ORDERING FINES SANITARY SEWER IMPROVEMENT SR-5550-C
CENTERLINE SEWER
ORDERING PINES SANITARY SEWER IMPROVEMENT SR-5450-S
ACCEPTING THE COMPLETED WORK PERFORMED BY HILLS CON-
CRETE AND CONSTRUCTION COMPANY, INC. AT A TOTAL COST
OF $335,895
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
FOR FISCAL YEAR 1978-79 WITH MERCY HOSPITAL, INC.
ACCEPTING THE BID OF B&G ELECTRIC, INC. IN THE AMOUNT
OF $97,473.85
ACCEPTING THE BID OF PHEUMATIC CONCRETE, INC. IN
THE AMOUR OF $23,000.00 FOR THE MARINE STADIUM
-STRUCTURAL REPAIRS-1978
R-78-602
R-78-603
R-78-604
R-78-605
R-78-607
R-78-608
R-78-609
R-78-610
R-78-611
R-78-612
R-78-613
R-78-614
R-78-615
78-602
78-603
78-604
78-605
78-607
78-608
78-609
78-610
78-611
78-612
78-613
78-614
78-615
TEM N0.
MENT'IN
CONTINUED
C0f�1MISSIDI N RETRIEVAL
ACTION CODE NO.
DOCUMENT IDENTIFICATION
30
31
■
■
■
IIIIIIIIMM 1111
ACCEPTING THE BID OF PYRAMID PLUMBING AND HEATING IN
THE PROPOSED AMOUNT OF $31,110.00 FOR THE EDISON PARK
POOL -SOLAR HEATING
AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS FOR
PROC, ST. LUKE' S OVERTOEJN DAY CARE, DADE COUNTY AFTER
SCHOOL, DADE COUNTY COMMUNITY SCHOOLS AND DOUGLAS
GARDENS IN THE AMOUNT OF 1/12 OF THEIR FEDERAL REVENUE
SHARING ALLOCATION FOR FY-77-78
R-78-616
R-78-617
78-616
78-617