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HomeMy WebLinkAboutCC 1978-09-14 MinutesCITY OF MIAMI COMMISSION MINUTES J OF MEETING HELD ON September 14 , 1978 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK 1 11111111111111111111111111111111111111111111111111111ENN1111111111 trma CI4 IffoREEMR1114 SUBJECT APPROVE THE MINUTES OF JULY 13, 27, 28 & AUGUST 1 DIRECT CITY MANAGER TO FIND FUNDS FOR PURCHASE OF 4-CHANNEL RECORDING EQUIPMENT FOR OFFICE OF CITY CLERK. FILM PRESENTATION BY INTER -GOVERNMENTAL AFFAIRS OFFICE - PROMOTION OF SOUTHERN BELL FRANCHISE. STATUS REPORT ON MARINA DEVELOPMENT NEGOTIATIONS - FINANCIAL REPORT ON MARINA TRUST PROPOSAL. DIRECT CITY MANAGER TO FUND INCREASED BENEFITS TO RETIREES. STATUS REPORT OF EDUCATIONAL COMPLEX DEVELOPMENT IN DOWNTOWN AREA. "NEW TOWN - IN TOWN", REPROGRAMMING $200,000 (FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS); AUTHORIZE AGREEMENT WITH DOWNTOWN DEVELOPMENT AUTHORITY FOR HIRING OF PLANNING CONSULTANT. 7, GRANT ONE-YEAR EXTENSION OF VARIANCE - LOTS 1 & 4, BLOC 7; MIRAMAR 3RD AMENDED (5-4), 1866 N. BAYSHORE DRIVE. 8. APPOINT COMMISSIONER ROSE GORDON CITY OF MIAMI DELEGATE TO VOTE AT 52ND ANNUAL CONVENTION OF THE FLORIDA LEAGUE OF CITIES. RESCHEDULE REGULAR CITY COMMISSION MEETING OF OCTOBER 26, 1978 TO OCTOBER 24, 1978. 10. RECOMMEND APPOINTMENT OF COMMISSIONER ROSE GORDON TO THE PUBLIC SERVICE COM*1ISSION. DISCUSSION OF 2ND MEETING DATE IN NOVEMBER-DEFERRED. 12 I ABOLISH CHARTER REVIEW BOARD & CREATE A CHARTER ADVISORY COMMITTEE. 13. ENCOURAGE INVOLVEMENT AND COOPERATION IN THE DEVELOPMENT OF ECONOMIC POLICIES AND STRATEGIES. 14. APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR OLDEN JAMES, DEPT. OP SOLID WASTE. 15. AUTHORIZE CONTRACT WITH MCDONNELL DOUGLAS AUTOMATION COMPANY TO IMPLEMENT WORKMEN'S COMPENSATION AND LIABILITY SYSTEM, ALLOCATE $30,000 FROM INSURANCE FUND. 16. AUTHORIZE CITY MANAGER TO ENTER INTO LEASE AGREEMENT WITH DADE HERITAGE TRUST INC. & AGREEMENT FOR THE RELOCATION, ANCHORING & REPAIR OF WAGNER HOMESTEAD PROPERTY, ALLOCATE $40,000 FROM 3RD YEAR COMMUNITY DEVELOPMENT FUNDS. 17. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM & SENIOR AIDES PROGRAM OF DADE COUNTY. 18. AUTHORIZE CITY MANAGER TO PURCHASE HIGHLAND PARK ELEMENTARY SCHOOL PROPERTY AT A PRICE OF $100,000; ALLOCATE $40,000 FROM 4TH YEAR COMMUNITY DEVELOPMENT FUNDS FOR DEMOLITION $ REMOVAL OF EXISTING BUILDINGS. 19. CLAIM SETTLEMENT - LORENZO COLLI AND DIANA COLLI, ORDINANCE 0 RESOLUTION M- 78-540 DISCUSSION DISCUSSION M- 78-541 DISCUSSION R- 78-542 R- 78-543 R- 78-544 - 78-545 R- 78-546 DISCUSSION R- 78-547 R- 78-548 R- 78-549 Deferral - 78-550 R- 78-551 M- 78-552 R- 78-553 PAGE NO, 1 - 3 3 - 5 5 - 12 13 - 14 15 - 24 24 - 30 30 - 31 31 - 32 32 - 34 34 - 36 36 - 37 37 - 38 38 - 40 40-41 41 - 43 43 - 44 45 45-49 49 - 50 i ITEM NO. 20. 21. 22. 23. 24. 25. drib 2b. 27. 28. 29. 30. 31, 32. 33. 34. 35. 36, 37, 38. tr�ic et4 MccfNARIEPORitv‘ SUBJECT ORDINANCE OR RESOLUTION No. PACE NO, CLAIM SETTLEMENT - SALOMON CASTILLO & ISABEL CASTILLO. RATIFY ACTION OF CITY MANAGER IN ACCEPTING BID & AUTHORIZING THE PURCHASE OF SEVEN AUTOMOBILES FOR DEPT. OF POLICE JUVENILE OFFENDER DIVERSIONARY PROJ. PROPOSED BID ACCEPTANCE - ANDY FRAIN OF FLORIDA, FOR SECURITY PERSONNEL AT THE ORANGE BOWL -DEFERRED. RECEIVE SEALED BIDS - COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT H-4408 (SECOND BIDDING). PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. PERSONAL APPEARANCE OF MRS. ANNETTE EISENBERG RE: LITTLE RIVEP. COMMERCE ASSOCIATION'S "OKTOBERFEST", DIRECT CITY MANAGER TO FIND FUNDING NOT TO EXCEED $5,000 AS CONTRIBUTION. PERSONAL APPEANCE OF MRS, ANNETTE EISENBERG REGARDING PROBLEM OF GARBAGE IN THE LITTLE RIVER AREA. PROCLAMATION HONORING THE SIXTH ANNUAL HISPANIC WEEK CELEBRATION, OCT. 6 - 15; DIRECT MANAGER TO PROVIDE ASSISTANCE AND IN -KIND SERVICES. PERSONAL APPEARANCE: JACK LIEBERMAN IN CONNECTION WITH LEO HARRIS' CASE. ENACT NEW SECTION 39-6 OF THE CODE, "CHARGES AND PROCEDURES FOR USE OF MUNICIPAL AUDITORIUM AND DINNER KEY RECREATION CENTER/EXHIBITION HALL. AMEND CHAPTER 2 OF THE CODE, MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN - LABORER, WATCHMAN OR CUSTODIAL WORKERS PAYBACK. AMEND SECTIONS 54-36, 54-37, 54-39 & 54-41 OF THE CODE REGULATING THE PLACEMENT OF BUS BENCHES AND/OR BUS SHELTER STRUCTURES. FIRST READING - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979. FIRST READING - DEFINING & DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE RATE. FIRST READING - APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR GUSMAN HALL AND THE OLYMPIA BUILDING FOR FISCAL YEAR 78-79. AMEND SECTION 2-9 OF THE CODE "ORDER OF BUSINESS AND RULES OF PROCEDURE". AMEND SECTION 1 OF 8716, THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY MAKING ADJUSTMENTS IN THE 1970 HIGHWAY GENERAL OBLIGATION BOND FUND AND STORM SEWER GENERAL OBLIGATION BOND FUND. AMEND SECTION 39-13.1 OF THE CODE - REVISING THE FEES AT THE CITY OF MIAMI GOLF COURSES. AMEND 39-5(1)(A) OF THE CODE BY REVISING FEES FOR USE OF MUNICIPAL SWIMMING POOLS. R- 78-554 R- 78-555 DISCUSSION M- 78-556 PRESENTATIONS M- 78-557 DISCUSSION M- 78-558 DISCUSSION Ord. 8841 Ord. 8842 Ord. 8843 First Reading First Reading First Reading First Reading Ord. 8844 First Reading First Reading 50 51 51 - 58 58 59 60-64 64 64 - 67 67 - 71 71 - 72 72 73- 85 85 - 86 86 - 87 88 89 90 91 91 - 92 Mil ND. 39. 40. 41. 42. 42. 43. 44. 45. 46. 47. 49. 50. 51. 52. 53. 54. 55, 56. 57. trtn CI4Iii� ISSIMW�I; FIDRIM SUBJECT AMEND SECTION 39-16.1 OF THE CODE - REVISING FEES FOR CHILD DAY CARE PROGRAM - REFERRED BACK TO DEPARTMENT FOR FURTHER STUDY. AMEND 8731, THE ANNUAL APPROPRIATIONS ORDINANCE TO PROVIDE $35,000 FOR COMPUTER PROGRAMMING SERVICES; $25,000 FOR PROVIDING INFORMATION TO PUBLIC ON THE SOUTHERN BELL FRANCHISE ELECTION; $5,400 COMMISSIONERS' EXPENSE ALLOWANCE ACCOUNT. DEFER FILLING VACANCY ON CIVIL SERVICE BOARD UNTIL SEPTEMBER 28, 1978. (A). DISCUSSION OF SALE OF BEER IN THE ORANGE BOWL. (B). DISCUSSION OF COMMENTS MADE BY THE DIRECTOR OF THE DEPT. OF HUMAN RESOURCES AS QUOTED IN A NATIONAL MAGAZINE. BID ACCEPTANCE - PICNIC TABLES & EQUIPMENT. BID ACCEPTANCE - MMPD COMPUTER ROOM AIR CONDITIONING 19 78 . BID ACCEPTANCE - SITE WORK AT CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT. AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSE TO COUNTY WASTE, INC; NORTH DADE SANITATION SERVICE, INC.; RAFAEL & ROBERTO TRASH SERVICE, INC. ACCEPT DEED OF DEDICATION FROM BLANCA NUNEZ, BLOCK 2, OCOEE PARK (2-100). STREET CLOSING - GREAT COCONUT GROVE BICYCLE RACE TRIAL OCTOBER 4, 5, 6, AND 8, 1978. ACCEPT COMPLETED WORK - ADMINISTRATION BUILDING - FOUNDATION WORK (REVISED). ACCEPT COMPLETED WORK - LEGION MEMORIAL PARK - BOAT RAMP AND PARKING. ACCEPT COMPLETED WORK - LEMON CITY PARK - COMMUNITY DEVELOPMENT BUILDING DEMOLITION. ACCEPT COMPLETED WORK - CONVENTION CENTER - BUILDING DEMOLITION - PHASE II (PATRICIA HOTEL). ACCEPT COMPLETED WORK - WAINWRIGHT PARK IMPROVEMENTS PHASE II. ACCEPT COMPLETED - MODEL CITIES C. D. STREET IMPROVEMENTS PHASE III (BID "B" DRAINAGE). ACCEPT COMPLETED WORK - MODEL CITIES C. D. STREET IMPROVEMENTS - PHASE II, BID "C" LANDSCAPING. BID ACCEPTANCE - JETCOAT EMULSIONS COMPANY FOR EMULSIFIED ASPHALT. BID ACCEPTANCE - TWO 15 PASSENGER VANS FOR THE DEFT. OF FIRE - SENIOR CITIZENS FIRE SAFETY INSPECTIONS PROGRAM. QRDINANCE 0 K SOLUTION NO M- 78-559 Ord. 8845 M- 78-560 DISCUSSION DISCUSSION R- 78-561` R- 78-562 ' R- 78-563 R- 78-564 R- 78-565 R- 78-566 R- 78-567 R- 78-568 R- 78-569 R- 78-570 R- 78-571 R- 78-572 R- 78-573 R- 78-574 R- 78'-575 93- 96 97 98 - 105 105 - 115 116 - 117 117 118 119 - 120 120 121 121 122 122 123 123 124 124 125 125 IND CI1MSSIOfJ OF-h1IEFItRiM 'ISM NO, ORDINANCE OR RESOLUTION NO, PAGE NO, 58. PERSONAL APPEARANCE BY MEMBERS OF THE INTERNATIONAL FOLK FESTIVAL TO DISCUSS PLANS/FUNDING FOR THE 1979 FESTIVAL - DEFERRED. 59. REQUEST MODIFICATION OF THE PROPOSED ORDINANCE AMENDING THE DADE COUNTY CODE ENTITLED "FIXED GUIDEWAY RAISED TRANSIT SYSTEM - DEVELOPMENT ZONE". 60. APPOINT OFELIA SHERMAN TO THE ECOLOGY AND BEAUTIFICATIOP COMMITTEE. 40. IlIlIluluuulIluul M- 78-576 M- 78-577 R- 78-578 R- 78-579 126 - 134 134 - 135 135 - 136 • ME mm i ■ • s ■ ■ MtNt1TEg Off' REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA Oft the 14 day of September, 1978, the City Commission of Miafni, 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 9:10 A.M., by Mayor Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre PRESENT WERE: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegience to the flag. A motion to waive the reading of the minutes was introduced and secoi:3a awl was passed unanimously. 1 1. APPROVE THE MINUTES OF JULY 13, 27, 28 & AUGUST 1 DIRECT CITY MANAGER TO FIND FUNDS FOR PURCHASE OF 4-CHANNEL RECORDING EQUIPMENT FOR OFFICE OF CITY CLERK. Mayor Ferre: Good morning ladies and gentleman, we are here on a Regular em is 'diskCity of Miami Commission Meeting. Which he is therst lasttsettoftcomes minutesbthateweshave, Mr. the reading of the City Clerk? Mr. Ong;e: We are now up to date, Mr. Mayor. It would be in order to approve the minutes of July 13, July 27, July 28 and August 1. Mayor Ferre: Alright, is there such a motion? Mr. Plummer: Mr. Mayor, I'm going to make the motion to approve,... Mr. Plummer: ... but I want to make another motion immediately following. Reboso: Second. Mayor Ferre: Alright, there is a motion and a second, further discussion on approval of the minutes? THEREUPON THE FOREGOING MOTION was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed by a unanimous vote. Mayor Ferre: Alright, Mr. Plummer. Mr. Plummer: Mr. Mayor, I had the opportunity during the August recess in which to me, some very critical minutes differencesand andcame 'to notabout fndinb anyfault very distrubed to see quite a bit of 4 t4ifh the Clerk's Office at all, In the difference between that was which was given to us as verbatim minutes and I knew there was something in there that I had said, but yet I couldn't find and then when I went to the tapes and pull the tapes, I found exactly what I was looking for. I can appreciate without any questions, after being deeply involved, that equipment is desperately needed in the Clerk's Office. He has shown to me a proposed system in which they can isolate these microphones for the individual Commissioners and hopefully it will void about 99% of that which we see in the minutes as "inaudible"... What's the expression? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: "Inaudible" or otherwise known in Washington as blank, blank, blank, blank. Mr. Mayor, he has proposed in a cost factor to this Commission, what it is that is needed. Mr. Clerk, can you give me the bottom line? The cost involved is how much? Mr. Ongie: The immediate cost would be $8,500. Mayor Ferre: How much? Mr. Ongie: $8,500. Mr. Plummer: I move, Mr. Mayor, that that amount this equipment be immediately ordered. Mrs. Gordon: I'll second it. Mr. Plummer: Or I'll even do it the other way, that the equipment be ordered and the money be found. I think it's that necessary to this Commission, so I move it. Mrs. Gordon: I second, Mayor Ferre: There is a motion and a second,... Mr. Grassie: By way of dicussion, Mr, Mayor, This item was on the Clerk's list of things that he wanted to acquire, equipment of.,, it was one of the things that was cut out so that he could make the same kind of budget reductions that everybody else made. This would be then, something that I would suggest to you, you consider when you review his budget along with everybody else's. Mrs. Gordon: There is an item that we are going to be talking about later and when that comes up, I think you will find that there is a surplus in that item more than offset, but I think it's a vital addition to the Clerk's Office and not comparable with any of the other items that we would be discussing relative to that)in that area. Mayor Ferre: Would this come out of the general fund or out of the capital? Mr. Grassie: Out of the general funds. And I would suggest that the second item on your agenda includes a demand for money which is not covered by any item that you might find later on. You know, what I'm saying is that we've... Mayor Ferre: Yes, I understand. Mr. Grassie: ... got costs that we want to cover and we just simply don't have money. Mayor Ferre: J. L., I don't... you know, I always vote with you on all these'. things and you are right 95% of the time, but... Mr. Plummer: You are saying this is the 5%? Mayor Ferre: No, I'm not saying this is the 5%, I think you are right and my problem is a matter... a philosophical problem. Looking at a budget, that right now we know is two million dollars short and we are going to be turning an awful lot of people down on an awful lot of things. There is no regard that budget proposal for any kind of salary increases for the employees. We also know that up in Congress the Humphrey Hawkins and the other countercyclical bills have been floundering around. The House bill WAS killed by Rtepresentative Flood! the Senate ball cuts us dawn a million and six hundred thousand dgllai;ss that's going to be a verx0 yety strange situation, I just can't in all good conscience and as much as we need to hale good microphone and audio equipment at this time, take that into.,. you know, I just can't go with it. I think you are right, but I'm just.., Mr. Plummer: Defeating me would be like buying a fire truck without providing the hose which is most essential. Mayor Ferre: Yes, but this isn't a fire truck and this,,. Mr, Plummer: Well, Mr. Mayor, I'm going to tell you, Mayor Ferre: Yes, ok, Mr. Plummer: I as a Commissioner, feeling and voting as one, feel that it is- most necessary that we have good minutes, because as you know, I go to them all the time and refer to them all the time. Mayor Ferre: Alright,.,, Mr.. Plummer: And I can only do it that everything is there on paper. Mayor Ferre: I've got no problem, let's call the vote on it. The following motion was introduced by Commissioner Plummer, who moved its adoption: in such cases MOTION NO, 78-540 where I feel comfortable A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FIND FUNDS IN AN AMOUNT NOT TO EXCEED $8,500 FOR EMERGENCY PURCHASE OF 4-CHANNEL RECORDING EQUIPMENT FOR THE OFFICE OF THE CITY CLERK, Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mr. Reboso, NOES: Mayor Ferre. ABSENT: 2. FILM PRESENTATION BY INTER -GOVERNMENTAL AFFAIRS OFFICE - PROMOTION OF SOUTHERN BELL FRANCHISE. Mayor Ferre: Alright, let's go on to item A, which is the status report on the Marina Development negotiations and financial report on Marina Trust Proposal. Mr. Manager? Mr. Grassie: Mr, Mayor and Members of the City Commission, I wonder if we could take, I believe, about seven minutes of your time before we get into the Marina discussion, in order to acquaint you with the visual material which has been prepared by Clark Merrill and some consultants that he is working with, in regard to the Bell Franchise vote, I would like to have them speak to it very briefly and then show it to you. Mr. Merrill: Mr, Mayor and Commissioners, the presentation that we are going to show you now, was prepared by Star Productions in a very short period of time and it's intended to explain to the electorate, the issues that are involved on the Thursday, October 5, second primary ballot regarding the Southern Bell Telephone Franchise election. And at this time I would like to have them show the presentation. (THE PRESENTATION WAS SHOWN AT THIS TIME), 3 SEP iix1978 IIII111I1111IuIIIII111I1111111■111111111111IIII111111IIIIIIIIIIuIIII ■NE INE """' """""" " Maydt Pete: Well, 1 think it's vet'y goods 1 hope enough people get to aee it, Mr. Plummet: Well, how do you propose for the people to see it? Mr. Merrill: Well, we have.., we are making contacts now with civic organizations, service organizations, and public groups within the City of Miami. We've got some shows setup and we are in the process of setting othe up and we would be interested in any suggestions that you may have, to seek more groups in which to show this to. We will be out between now and the election showing this to whoever we can set it up with. Mr. Fosmoen: We are also trying to get on some of the TV talk shows. Mr, Merrill: Yes,.., Mayor Ferre: No, that's too long for that, I'm sure they... Mr. Merrill: But, we can take parts in it. You know, if we get about a budget... Clark, you know if 30,000 voters are Spanish Mayor Ferre: oriented. Mr. Merrill: No, we have one in Spanish. Mr. Merrill: Yes, we have a copy and we showed them both last night] Aliapattah CD group,.. Mayor Ferre: Fine. Mr. Merrill: .., and it was done very well. We can show either way. Mayor Ferre: Was the reception good?, the reaction? Mr. Merrill: they tell me Mayor Ferre: Yes, it was... some people there were opposed, but I guess... they are opposed to everything. Yes, ok. Any questions. Mr. Fosmoen: One other comment for the Commission's information. We are doing a city-wide mail out also, that will be out about a week before the election time... Mayor Ferre: Mr. Merrill: Mayor Ferre: Make should you don't violate the law. You know, me. Ok, Mr. Plummer: Well, I personally would like to see a copy of that mail out before it goes out, rather than have something... Mr. Merrill: Alright, surely. Mr. Plummer: So, I would like to see a copy of that before it goes out, Mayor Ferre: Ok, well send it to all the members of the Commission and do it in such away that... What, is two days enough for reaction? 0r twenty- four hours? Mr. Merrill: It's going to have to be fast. Mayor Ferre: Yes, otherwise we won't get it out, Mr. Merrill; I suspect by Monday we will need to have it. Mayor Ferre: Well, when can you have the finished draft? Min Mr: Merrill. I hope to have it by Mondays Mayor Ferre: Well, then let's say that... and make sure that you record exactly when you leave it in somebody's office and let's say that within twenty-four hours after that,you have not heard any complaints, will assume that, that's concurrence. If you have any complaints, then try and get them cleared up and if you can't, then we will have to deal with that. Mr. Merrill: Alright, Mayor Ferre: Ok? Mr. Merrill: Thank you. 3. STATUS REPORT ON MARINA DEVELOPMENT NEGOTIATIONS - FINANCIAL REPORT ON MARINA TRUST PROPOSAL. Mayor Ferre: Mr. Grassie? Mr. Grassie: If you would like then, Mr. Mayor and Members of the City Commission to move to the first item on your agenda. Mayor Ferre: Yes, that's what I'm saying. Mr. Grassie: This is a status report to keep the City Commission informed on what is happening on the question of negotiating with two firms for the management of the two marinas the City has. And also we want to bring you up to date on two other things. I know that you probably are seeing in your packet, the outline of committees that we are setting up)following your suggestions to help the City in carrying forward these projects. Most of the people on these lists, have already accepted this assignment. We have a Usage Improvement Review Committee and there is also an Operation's Oversite Committee which will be concerned with the operations of principly Dinner Key. There is an Environmental Review Committee which follows the suggestions of two or three individuals who spoke to you when we first talked about this question of marinas and then there is a Marina Development Advisory Committee which has to do with the city-wide overall planning process that you approved at your last meeting. In addition to that, I should report to you that we are making good progress with Biscayne Recreation . Now, we have had several meetings and we have some relatively difficult questions to address, but that's coming along well. We have made surprisingly even faster progress with New World Marina, because we haven't met with them as often, but that is somewhat of a simpler agreement because there is not as much construction involved and consequently that's coming along quite well. The last thing that I would like to report to you on, is the question that Commissioner Plummer asked us to address, and that is to have Hough and Co., the City's financial advisors, speak to the Marina Trust Proposal as they had the other two private proposals. You have that report, I believe, in front of you. Mr. Condon is here to briefly review it with you. I would like for Dick Fosmeon, to remind us all of what the questions were and then possibly we could ask Mr. Condon to speak to his report. Mayor Ferre: Mr. Fosmeon? Mr. Fosmeon: Mr, Mayor and Members of the Commission, our understanding is that the Commission ask basically two questions. The first, can the Marina Trust do what they were proposing to do and maintain the rates that the Marina had at the five and ten cents level? The second question is, how does the Marina Trust stack up when compared on the same basis as the three private proposals in terms of a return to the City? In other words, all things being equal, would there be a longer return to the City if there was not a profit oriented or a profit motivated to the group involved? Mr. Condon, has addressed both of those issues in reports to us. Mayor Ferre: Alright, 0 SEP 141978 Mt. Condon: I'm Ray Condon, William R. Hough and Company and have prepared the report that you have before you. One of the assignments we had was to address ourselves to the proposal of a trust being formed to take over the management of having only certain things to look at and really the very level where we had the minutes of the meeting on June 22nd. We had the slide projection presentation to the City Council on the 28th of July and a memo that was addressed to the City Commission by the City Manager, dated July 25. And then we did have the meeting that was arranged for us to meet Mr. Iaconis, and Mr. Dixon, to talk about the trust and we did that on the morning of August 25th. And in the report, we said we wanted to discuss these three things, the formation of the trust, the expertise of the trust membership to be formed and the financial aspects as they was furnish to us and we just had the numbers that you are familiar with from the presentation that the trust made. We found that the trust has no, of course, been formed... Mrs. Gordon: Would you speak in the microphone, please, a little better? Mr. Condon: Sure. Mrs. Gordon: Thank you. Mr. Condon: Is that better? Thank you. The trust has not been formed nor fully researched legally and the trust proposers would have to work with their attorneys to draft a bill which would legally grant powers necessary for their carrying out the duties of the management contract. This has not been discussed with the City in much detail sofar as we know. The City Attorney and the Bond Attorneys would have to study and agree that the contents of the Bill would adequately protect the City and the security expectations of the bond holders. We have assumed the City has come to a conclusion and as we recommended that the cheapest cost of construction would be through the issuance of Tax Exempt Marine Revenue Bonds issued by the City of Miami. The Bill is acceptable to al]. parties, it would have to be passed by the State Legislature and we foresee this entire process as taking about a year. We have no idea what the entire process would cost, but since the trust obviously have no funds, we are told that the City would have to finance the cost and we have not discussed where that money would come from, whether it would be the General Funds, Marina Revenues that is earned, or whether it would be included in the bond proceeds. And we have been advised that an interim committee would be form to handle the management of Dinner Key during that time between the City's acceptance of a Marina Water Front Trust idea and the formal legal organization appointing the trustees in a manner suitable to the City, We don't know just what legal status an interim committee would have, who the people would be and what their experiences in running the marina, nor very importantly, whatever role they may have in the planning and construction thereof. So, we were at loss to be able to comment on a number of situations here. Now, regarding the finances as trust proposers, I have very sketchy figures showing that they can keep the service rates at the present five and ten cent rate, after the rental of five hundred slips which is 222,500 feet. Realistically, as we looked at it their expectations could not be achieved by a wide margin and we put an additional exhibit in here to portray that. The proposal show gross revenues of $787,300 and on this assumption which I couldn't quite reconcile myself, but I don't think that it's a terribly important difference, so it wouldn't be that much. But they show expenses of $310,000 and debt service on an issue of 2,000,000 bonds, leaving 309,500 before the minimum guarantee of the City of 150,000. Now, the trust is not in a position to guarantee funds to the City since it doesn't have funds of it's own and these figures however, which show afavorable return to the City on the basis presented, but is not obtainable in our opinion. The bond issue of $2,000,000 is unreasonable to accomplish the construction of five hundred slips as spaces, especially when the available construction costs are reduced by the normal reserves included and the issuance cost of the bonds. It is unreasonable to believe that $310,000 would cover the expense of five hundred slips, when five hundred slips are in operation because more space will require a greater expenditure and more service space in the 1977-78 estimate of the expenses used in their calculation. True, they use these figures as comparison with other proposers, but they are not supported as we look at it. We have attached to this particular section of the report and to deal with the concepts more realistically as to plan income, operation maintenance and the expense, construction cost, size of the bond issue, debt service requirements and return to the City. Now, we have used the five and ten cents rate on this eNhi'bit of adjustment for the five hundred slips and the#787,000 used by the tttist and then we gave them credit which they hadn't taken for the income on two hundred moorings of $96,000, you see, their income would have to pay for debt service on bonds which proceeds were used to put these moorings in place, so we had to give them credit for that income, And then there is interest on the reserves and there is two reserves, there is a debt service reserve that would in the amount of the maximum amount of debt service, which is $406,000 per year, after the bond starts to mature. And then there is $180,000 of renewal and replacement reserve that felt, that would be necessary and the interest on that should be include, which it was not, so that amounts 10 0,325, giving total revenues ofW933,625 and the operation maintenance expense, we figured from figures that we felt were viable and taking into account inflation of#467,470 and renewal and replacement reserve of $10,000, I know that isn't much, but we started out with a reserve capitalized at$180,000 and that then gave us net revenues oft456,155 and less the debt service of4406,000 and gave it surplus of dollars of money out of $50,155. Now, when we say surplus, 1 want to call attention to the fact that in issuing bonds you have to have net revenues, heavy coverage of debt service which we think would be required of the market so that you can get a decent price for your bonds and that bond holders would expect to see when such a bond of this type of one and half times coverage, so that actually if.,, with $406,000 being the maximum debt service an almost leveled debt service after the fist couple of years when we provided some interest during construction would necessarily throw off 50 of that as a surplus item or $203,000, that is built in, that is something that you would really have no control over, the bond holders would demand that kind of a coverage. Mr. Grassie: Are there any questions that the City Commission would like to ask about this? Mr. Plummer: Yes, the bottom line. Mr. Grassie: The bottom line is that the proposal of the trust as it was presented, in the opinion of the financial advisors, is not obtainable. They can't do what is necessary at the rates that they propose. The financial advisors have gone a step further and they have assumed that the trust would use the 3,1ne- if they use the same rates as the private sector, then they would have: more surplus left than the private sector because, of course, the private sector is taking out some profit or at least the management fee. So, if you assume that they charge the same rates as the private sector, then the City can get the credit or the management fee that you would pay the private sector for their services. If you take their proposal at face value as they presented it, they can't get it done. They can't get the job done. Mr. Plummer: Based on five and ten cents. Mr. Grassie: That's correct, based on five and ten cents. Mrs. Gordon: Well, are we comparing apples and apples or apples and oranges? Mr. Grassie: Well, that's why we have presented it two ways. What you asked the financial advisor to do, was to take the proposal of the trust and evaluate it in the same way that they evaluated other proposals,- on that basis which is what you asked- on that basis, the answer is, it can't be done their way. Now, to go one step further and say alright, let's not assume that they hold those rates, but let's assume that they have the same rates as the private sector would, on that assumption the answer is, that their proposal would be better to the extent that they don't get the participation, the payment or for management. Mrs. Gordon: That's the apples and apples. rr. Grassie: Yes, that the private sectors would get. Mrs. Gordon: Question, to Mr. Condon, just a matter of information, You,,,' in this report you furnished to us, you have two separate letters, each of them are dated identically the same date. Would you explain please, why you chose to send two separate letters? Which one came first? Mr. Condon: Ah, yes. They came together as a matter of fact. We wanted 7 5 E P 141978 IOW ofir • • ■ to treat two subjects and we could have flag them as section 1 and section 2 tut we really had two assignments heret One was to look into the feasibility of the trust idea and the other was to look into the feasibility of the private sector, plus the trust, Now, when we get into this next section, you will see that the trust is also involved in our discussion. Mrs. Gordon: It does seem kind of curious to me that you took the route of two separate letters, They were done simultaneously and sent here simultaneously? One wasn't a first letter and a follow-up letter? Is that it? Mr. Condon: No. Mayor Ferre: What difference does that make? Mrs. Gordon: No, that's not the point? Mr. Mayor, Mr. Condon: The question, please? Mrs. Gordon: The point is, you said you sent both letters to the Manager at the same time? Correct? You didn't have a consultation with Administration and then sent a second letter, did you? Mr. Condon: We did have a consultation with the letter which we asked to discuss with them to see that they were covering the points involved and the first letter that we talked about was the one that begins "as per your request Hough has completed an update of the analysis". We talked about that and in a preliminary way and found that we wanted to change certain things in it ourselves. Mrs. Gordon: That's what I thought. Mr. Condon: We also found out that and had to admit, that we probably hadn't adressed ourselves to- I think it was Mr. Plummer's question to look into the trust idea. Mrs. Gordon: Ok, think you for your answer. Mr. Grassie: This is a report to you on progress basically, Mr. Mayor and Members of the City Commission, of the representatives. So, the two private sector groups are here. I don't know that they want to address you necessarily, but we have been making good progress with them and we haven't run into any insurmountable problems so far. So it seems that we are on the track. We have the financial advisor on board. The financial advisor is in the process of providing the City with engineering assistance and I think that it's moving well. Rev. Gibson: Mr. Grassie: Rev. Gibson: at me. Mayor Ferre: Then am I to assume that we are going full speed ahead? That's correct, I just want to make sure, you know, those people keep looking Alright, are there any further questions at this time? Mr. Plummer: I just want to make sure Mr, Mayor, that these people of the groups, that Grassie had been forwarded a copy. Mr, Grassie: I assume so, Have you? Mr, Plummer; We all have copies? M � plumMer; YOU got a copy? Kummer; Mr. Mayor, you got a copy? S E P 141978 Mayor Verret t4o i Mr. Plummer: Well, t would hype that copies w u1d be avtilable fdt at lust to those people who are involved in current, Mayor Ferre: Yes, sir,.. Rev. Gibson: Mr. Mayor, t wonder if the people bete have any thing they want to say... Mayor Ferre: I'm going to ask that in a moment. Rev. Gibson: Ok, because this gentleman said something to me earlier. Mayor Ferre: Alright, are there any further questions or comments from the members of the Commission or staff. Mrs. Gordon: Just a clarification of the report that Mr. Condon has made. Just in a summary, the report says "that the trust would return under any other rate structure than the first rate structure which is a low rate structure, the return to the City would be greater. Is that correct or incorrect? Mayor Ferre: Assuming a lot of other things. Is that correct? Mr. Grassie: I thought that Commissioner Gordon, was asking Mr. Condon. Mrs. Gordon: As a revenue... Mr. Condon, I'm asking Mr. Condon for a confirmation of a conclusion. On every rate structure except the five and ten, the return to the City would be greater with a trust, with a trust, you know? Mr. Condon: Yes. Mrs. Gordon: The trust is not formed, the people aren't picked and there is no management in place or anything else, but it's a concept. On the concept the answer is, that with any rate structure other than the five and ten, the return to the City would be greater. Is that correct or incorrect? Mr. Slade: My name is Jerry Slade, I'm with William R. Hough and I'm here with Mr. Condon and had worked up the figures that we used in the model. The answer to your question is yes, that is correct. Mrs. Gordon: That's all I wanted to know. Thank you. For the records I want that in place. Rev. Gibson: Let me raise a question because the gentleman pointed it out to me. Isn't that right, sir? Are you taking into consideration... Now, I'm hoping that you don't plan- nobody out there has any idea that we are going to be taking in that consideration, that you keep in mind that all those people who are going to be working are going to be City personnel and all that other business, you know and all that insurance business. And... Do you know what I'm talking about? Mr. Slade: Yes, sir. Rev. Gibson: So that... you see a private industry doesn't. They have to allow for that. If the trust does it, I don't want the trust to say to us, you know, "well you got City personnel". Do you know what I'm talking about? That's what I was hearing, apples and oranges, make sure you explain that to us. Mrs. Gordon: I think the question would be best answered if you answered it as to whether the figures you have displaced are based upon net return to the city or not. In all three instances or four instances. Mr. Slade: Alright, what we did once again was to take each of the proposals as they were submitted, take their schedules for the return to the City and in our analysis- and that's on exhibit one, in the letter that you have- we then showed what the return would be to the City. In the case of the trust, obviously their proposal was that everything, all surplus revenue S E P 141976 1 i ■• MB MM 4010. Aft • • • would be turned oyef to the City, Mts, Gordon: Yes, surplus revenues t,r. Slade: Unless that was showing revenues Mts. Gordon: Net revenues and less expenses, Might, :sir. Slade: That's correct. Mayor Ferre: Alright, further questions? Mt. Plummer: Not really questions, Mr, Mayor. Let tle interject a pointy Mayor Ferre: Comments. Mr. Plummer: You know, the one thing that we are not talking about and it's almost the impossible, but it is a very main factor and that is that private industry is profit motivated, you know, and that's really an inmeasurable thing. We saw when Miamarina first was built, it at first was operating like at about 40% of capacity and there was no motivation by the City to do any better. Ok. They didn't want to correct the problems, they didn't want to promote it and you know, this is the thing that bothers me with a public trust. I would like to trust the idea, but when you have people who are there, who are going to draw their salary regardless of what happens in the dollars and cents bucket, as opposed to a man who's financial rear end is on the line. That'q called motivation and that's something you can't measure here because ... Rev. Gibson: That's right. Mr. Plummer: •. in the concept of public trust, it's a good concept and on paper it shows good returns. Now, I do know for a fact that Mr. Dixon brought out that part of that monies that they are allocating for expenses is for advertising. but you know, it's not quite the same when your wallet is directly effected by what you make as opposed to private enterprise, Now, the concept of private enterprise, I, you know, being a businessman I have to look favorably on, because if you don't make it, you don't get it. And you know, 1 have to question, not so much as you have referred to because it is a critical point of quality in management, but motivation to do that which is necessary. So, I just feel that that has to be on the record, that's something wo have not talked about in the two opposing views of trust and private industry and I think it's a big factor because we have seen what has happened, that there is no incentive for that kind of a situation to do better. Mayor Ferre: Alright, any further comments? If not as Father Gibson requested are there any comments from any members of the proposing groups? No, well thank you, very,,. Mr. Dixon: Mr. Mayor, could I ask a question at this time? Mayor Ferre: Sure, Mr. Dixon: Would that be appropriate? Mayor Ferre: Sure, as long as we don't get into a long one hour fight here. Mr. Dixon: I won't, In his cover letter which I have a copy of, he addressed himself to the question of the skills and ability of the management of the trust. The trust is a concept, it's an idea, if the Commission would say that the trust should be created, I'm sure that we can get qualified individuals to serve on the trust and I think this is exemplified by the fact that the manager just tolded you ten minutes ago, that they have set up a Marinas Review Committee of citizens. So, obviously the administration has grasped the concept of citizens being involved. Now, relative to the exhibit one- and Iwant you indulgence for just one moment to turn your documents to exhibit 01. Exhibit #1 is a cash flow projection of marina operations from 79-88 and I would ask that you look at the return pay to the City. This one tells me- this is the last comment I will make- this is the return to the City under proposed rates, exhibit one and look under the rate of five 10 mite Arid ten cents, you will see that the trust would pay the City over tett years, a million and six hundred thousand dollars, At the rate of ten cents and thirteen cents please note at the bottom it says that the trust mould pay to the City two million dollars, All of the other proposers will pay the City less and at fifteen and eighteen cents the trust would pay the City in ten years, five million and four and ninety --three thousand dollars, And I think it's very interesting to know that this chart prepared by the consultants to the City shows, that the private developer is motivated because he is going to receive three million and two hundred thousand dollars and pay the City Two million and two hundred thousand dollars. Let me assure you that with an additional three million dollars, the trust can hire the best management in the United States to protect and make sure the marinas are expanded. All of the profit stays with the City, it's not being diluted by this private, interested, private motivated company. I'm motivated, I have been here, the City is willing to ask citizens to be involved in a review committee to oversee it. They have already set the precedent, just give us a chance to show it. Mayor Ferre: Ok, thank you, Mr. Dixon. Ah, just for the record and I just might make a brief statement. I think you are right, I think it's a matter of philosophy. I happen to... I had a very interesting lunch the other day with a gentleman and we discussed the difference of some of the City projects. That gentleman thought it was... was very much in favor of the James L. Knight University of Miami Conference Center and the City of Miami Convention Center. That happens to be a project that the City of Miami is leasing on a long term basis, the land, and we are basically building a convention and a conference center for the benefit of the public sector and for the benefit of the private sector, because the developer, who is going to have six hundred and seven hotel rooms and a hundred and thirty thousand square feet of commercial space, is going to make an awful lot of money and he is going to do quite well. And Massachusetts Mutual who is financing the whole thing, is going to make a lot of money on it too. So, I ask a question of this gentleman, "if that concept was valid for the Knight Conference Center?" " Was it also valid for the Rusty Pelican?" and he said "yes", it was valid for the Rusty Pelican. And then I said " well, is it valid on Watson Island?" "Well, no, it's not valid on Watson Island." Well, what's not valid on Watson Island, is that that gentleman doesn't like the Watson Island project.... Rev. Gibson: Oh. Mayor Ferre: But it's not a question of the philosophy of whether or not the City on public property, can go to long term leases to develop a piece of property. Now, then I asked him "well, how about the Dinner Key Expansion?" "Well, he said, I guess you made a philosphical point." And the question is that we cannot... and here is my point, we in this City of Miami go around making decisions many, many times and in Metropolitan -Dade County, based on our personal likes or dislikes of an individual or somebody. The reason why we have this mess in Metro and I say it very bluntly, is because twenty-three years ago when Charlie Crandon had that Committee meeting, a lot of people in that Committee didn't like some of the politicians down at the City of Miami, it was just that simple. Well, so and so is no good and the other guy is no good. Well, ask you if Tom Jefferson and Madison and Adams had gone around designing the Government of the United States based on whether or not they like or didn't like George Washington's wood teeth or somebody else's approach on some particular problem, then I think we would have had a very different kind of a Government and the question just simply boils down to this, forget the individuals, forget the people involved. Do we in the City of Miami want to develop property for the public good? Yes. How we best go around doing that? Do we go about doing it ourselves? Well, that's a philosophical question, you see, we get down to... Now, my personal answer to that is, the City of Miami and the Governments structure is not designed to build and run golf courses, restaurants, hotels, marinas and other such things like that, Now, should they.,. there comes the next question. Well, then, should Government be involved at all in these type of things and my answer to that is "yes", it would serve as a public purpose Then the question is well, if the goverment can't do it, but the Government should be involved, then how do we go about doing it and there are two answers to that. Either in an authority method or a public trust in which citizens are involved or you go about doing it with the private sector, Now, what 1.1 SEP 141978 1[iiiililillimillitivium IIIIIIII■IIIII11111111IIII■HIIIIIIIIIIIIIIIII MHO 1111 1IIIIIIIIIII1 - IiiiiiiI■111111111°11°"""""'■""" "" tie in Miami are doing is not unique, it is being done in Oakland, California, It has been done in Kansas City, I just came back from California and I saw Many many examples of where the public sector and private sector get together and go hand in hand and develop things for both the public and the private good. Now, Plummer said something very important. He talked about the profit motivation. 1 don't ha... you know, around here in this town, whenever you mention the word that somebody is going to make a profit, oh, there is something wrong. Somebody is doing something dishonest. Something is questionable, Who is getting paid off? All those bad people, you know. Well, I want to tell you something, I- on the record- and I happen to be a firm believer that there has just been too much of that hog wash going on in this community for the past fifty years and that's why this City of Miami and the community as a whole, has not developed the way it should have developed. Now, I'm not saying that there is no danger in that, but with the activist press that we have around here and the type of community that we have, I'm quite sure that everything that gets done around here is going to be so thoroughly scrutinized, that if just anybody who wants to put up with the kind of exposure that they are going to have to put up with is certainly welcome, in my opinion, to go ahead and move forward. Now, I know that there are such things as complex of interest and so on and I think we have to be very careful and very precautious about that and I'm sure the press will make sure that we are. But, getting to the bottom line, my conclusion simply is this, that if I had today- as much as I regard and respect the Off -Street Parking Authority and the Downtown Development Authority and if Roy Kenzie is here and I'm sure he has heard me say this before- and I think Roy is doing a magnificent job and the Downtown Development Authority has really blossomed and it's really come forward in doing a first rate job to the City of Miami. However, on a philosophical basis, if I had to vote all over again on the Downtown Development Authority and the Off -Street Parking Authority and any other authority or trust, I won't vote for it because I simply think that the public trust is the City of Miami Commission, because we get elected and that's who answers to the public and if we want a public trust, this is the public trust right here and we don't have to ask for users or developers or anybody else to submit names. We submit our names to something called the electorate and we do that every ;,ao years. This is the public trust right here and *here ain't no buck passing. Now, with regards to the private sector, if we decide to develop it that way, that is a different matter. But, the responsibility of what happens and how it's done most remain in this board. Now, you say " well, but that's just semantics and public trust, you have to approve the budget and therefore, you have final responsibility and that might be a point and there maybe a fine line there. I just philosophically feel that the City of Miami should not be involved in the business of running marinas and I just don't... I just can't at this point and that's just a personal opinion. Now, unless there is no other alternative, I'll go with any authorities or trusts. Now, I realize that some of the projections are that if you make no profit and there are no expenses for the private sector, obviously the public sector is going to do much better. Now, if that were so ladies and gentlemen, then we would have no public utilities in these United States because they would all be Governmental utilities. Now, why are there public electric companies when... and look at the record of the Government running electric companies, there are traditional. Why? Well, because when there is a profit motivation as Plummer said, people go out and they cut expenses, they work a little harder, it's a little bit tougher because they got to meet a payroll and they got to pay a profit at the end of the year and the fact is that "yes" the public trust would make more money on the record, but that's assuming an awful lot of things and in my opinion those assumptions are a little bit too, much for me, personally to accept and that is my opinion on the record. Mr. Plummer: Ok, let's move on. 4. DIRECT CITY MANAGER TO FUND INCREASED BENEFITS TO RETIREES. Mayor Ferre: We are on item number B, discussion of financing for benefits for retired,employees. Alright, Mr. Manager, before you say anything I would like to say'hello to our friend Betty who is with us today.and I was happy to see you Betty and the other members of the retired employees of the City of Miami. Mr. Grassie: This item Mr. Mayor, and Members of the City Commission, is here so that we come to some kind of a conclusion on the question of money, You know, that we haye presented to an ordinance change, you have adopted that and you have approved the necessary legislation so that we could make the change in the benefits to retired employees. What we now have to do, is to approve the money. You know, that that is something that, of course, relates to our budget, The kind of money that we are talking about is not something that is included, so what we are bringing to you is that policy choice and the question is whether or not this needs to be considered as you go through tiis coming year's budget, since it's going to have an impact of some three hundred thousand dollars on that budget. Mayor Ferre: I thought it was two hundred thousand dollars, Mr. Grassie: I'm sorry, I'm thinking... Mayor rerre: In your memorandum of August 23, it says the total cost for both fiscal years is two hundred and thirteen thousand dollars, Mr. Gm:Isie: Now, I'm... Mayor Ferre: Forty-two thousand this year and hundred and seventy-one for next year. Mr. Grassie! I'm thinking of the two benefits that we are talking about. Mayor Ferre: Yes. Mr. Grassie: You remember that you said two things. One, you were concerned about the payment that the City had been making in the past for insurance purposes which has become illegal because of State Legislation. Mayor Jerre: Yes. Mr. Grassie: You were concerned about that. And the other thing that you were concerned about was the question of the increase in basic benefits. Mayor Ferre: Yes. Mr. Grassie: So, we are talking about those two things and the combined cost. of those is just over three hundred thousand dollars. Mayor Ferre: That's for both years? Mr. Grassie: That is correct. Mayor Ferre: To the remainder and for next fiscal year, The first thing would cost hundred and seventy-one thousand which is the retirees pension payment by an increase of one half of -percent on the first three hundred dollars of benefit times the number of years retired, That cost a hundred and seventy-one thousand. The second thing is the pension payments to compensate for the loss of the City contribution to the retirees group insurance and that cost eighty-seven thousand a year. Is that right? Mr, Grassie: That's correct, is S E P 141978 Mayor Vetre : Now, ate you asking us whether Ot fiat tie agree with this or do you Want us to set a policy? Mr, Grassie: No, basically what I'tn.... I'tn putting out that we have this money problem that we have to deal with if we are to put into practice the legislation that we have adopted and we.., Mayor Ferre: Well, didn't we already vote on that? Rev. Gibson: Yes, I thought we agreed. Mr, Grassie: You have voted on the legislation, you have approved the legislation, What we now have to do is to modify the budget to provide the money for tis so that we can do it. Mayor Ferre: Mr, Plummer: Mayor Ferre: Well, Mr. Mayor, you know, as far as,,, It sounds like an empty suit to me, Mr. Plummer: That's What I'm I think the Commission supposedly has the decision. Now, we are looking to you to come and going to do it. We know what the problem is, we knew right. saying is this, already bit the at this point bullet and we tell us how you are that when we voted. Mr. Manager, have made Mayor Ferre: Mr. Plummer moves, Mrs. Gordon seconds, is there further discussion? Mrs. Gordon: What's the motion suppose to be? Mayor Ferre: The motion is that the Manager bite the bullet. Mrs. Gordon: Oh, alright, the Manager better bite the bullet. Rev. Gibson: Call the roll, call the roll, please. Call the roll, you waiting for? Mrs. Gordon: What? Rev. Gibson: Why don't you ought to go on and call that roll. Mayor Ferre; Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption, MOTION NO. 78-541 A MOTION DIRECTING THE CITY MANAGER TO FUND INCREASED BENEFITS TO CITY OF MIAMI RETIRED EMPLOYEES AS FOLLOWS: 1. INCREASING RETIREES PENSION PAYMENTS BY ONE-HALF OF ONE PERCENT (.5%) ON THE FIRST $300 OF BENEFITS TIMES THE NUMBER OF YEARS RETIRED; AND 2. INCREASING RETIREES PENSION PAYMENTS TO COMPENSATE FOR LOSS OF CITY'S CONTRIBUTION TO RETIREES' GROUP INSURANCE, THE TOTAL COST TO THE CITY OF BENEFITS AS DESCRIBED WILL BE $301,350, Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES; Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre AIN soak 5. STATUS REPORT OF EDUCATIONAL COMPLEX DEVELOPMENT IN DOWNTOWN AREA. Mayor Ferre: Alright, now we are on item number C, report on status of the educational complex development in downtown. Mr. Fosmoen: Mr. Mayor, and Members of the... Mayor Ferre: Roy and Mr. Fine? Mr. Fosmoen: Mr. Mayor, and Members of the Commission, this is a project that's been in the works for some time and we wanted to bring you up to date on the status of the Ed. Com. project. Roy Kenzie is here representing the DDA. Roy is the project manager for this effort. Mr. Martin Fine is here representing the New World Center Action Committee. It's his committee that's been overseeing the work on this project. As you may recall the City is involved to the tune of one million and nine hundred thousand dollars in land acquisitions and the County, Dade County is involved... nayor Ferre: Roy, would you put that further out, so we can see it? Mt. Fosmoen: Dade County is involved to the tune of one million and three hundred thousand dollars in land acquisition. The purpose today is to present to you the final development plans for the Ed. Com. project. Roy? Mrs. Gordon: What were those two figures, please, Dick? Mr. Fosmoen: CD funding from the City is one million and nine hundred thousand, CD funding from the County is one million and three hundred thousand. It's a joint redevelopment project in the downtown area. Mrs. Gordon: Ok, ok, fine. Mayor Ferre: Well, why don't you orient us on this. Well, where is the... that's the junior college fi7? Mr. Fosmoen: Yes, I think if you give Roy, just a second to get his model in place, he is going to orient you. Mr. Kenzie: Ok? Mr. Grassie: Would you like Mr. Mayor, for us to start the presentation? Mayor Ferre: Yes, we were waiting for you. Mr. Kenzie: Ok. Mr. Grassie: Roy? Mr. Kenzie: Mr. Mayor, and Members of the City Commission, this is' results of that master plan.., Mr. Orgie: Sir, will you take the microphone, please? StP 141978 EMIIEN EIMER MENNE mmmmw MMMM NNE mmmw MEEK mmmw mmmk Mayor kerrel Well§ when we get that new equipment, you Won't need to d0 any of that, you seep iioy'i Mr. Kenzie: It's hardto show the model and walk, but they can do it now, year ago the City Commission approved the expenditure of five thousand ollars.for community development funds to undertake a joint efford to produce master;plan for the community college and expansion of community college facilities downtown. That was in August of 1977, Today we are bringing to you the completed master plan for the community college and would like to update you on the activities that have taken place over the last year. 0n this plan that's before you here, I'm standing at the northern end of the property. The existing community college is #7. The post office_is #i10. The new federal courts annex building which is under construction now is #11. The baptist church is #2 and the existing off-street parking garage is #9 on there. We are looking to expand the community college both North and South of the existing building. On the North block we are building two structures, a lower structure which will include classrooms and laboratory facilities for Miami -Dade Community College, It's about a hundred and four net assignable square feet and includes twenty thousand square feet for Florida International University. Florida International University is already setting up offices,,. Mayor Ferre: Twenty thousand? Mr. Kenzie: Twenty thousand square feet for FIU. That's to start. Mayor Ferre: That's very little though. Mr. Kenzie: Yes, that's starting right now, moving in,.. they already are establishing offices downtown and this will provide the first chunk for their space. In addition to that, this structure here is housing for the elderly project of a hundred and fifty units programmed through Dade County Housing and Urban Development, Also, on the North block there will be... Mr. Plummer: Whoa, whoa, whoa, let me ask a question. Mr. Kenzie: Yes? Mr. Plummer: That 19,.. Mr. Kenzie: 6. Mr. Plummer: 6, alright, is that going to Mr. Kenzie: For the elderly. Mr. Plummer: Why? Mr. Kenzie: Because we are displacing a number of elderly in the South block and the North block in construction. Mr. Plummer: Why? But why take and put this here when you can move it one block or two blocks up and you know the school is going to be expanding or at least we hope it's going to be expanding? Mr. Kenzie: No, this particular building is programmed to handle their expansion over the next- about seven year period. Mayor Ferre: Who's expansion? Mr. Kenzie: Community college expansion, Mayor Ferre: Yes, but I think Plummer has got a valid point, (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Why, take up the land... look, you see that fire station #5, I'll tell you in ten years from now Marty, you are going to take that.., that fire station is going to,., we are going to have to put it some where else, And then we are going to get stuck, because that means that #{6 is already there, it's too new and nobody is going to want to tear it down and what 1.G OMEM 0MEM ■ N you ate doing is, you ate teellyt,► I think Fluttet is a 100% tight# hate to agree with him, Mrs. Gordon: I'll agree with hit, I do, • Mr. Fine: Mr. Mayor and Members of the Conunission,,°if may ° . 'I want t i be very careful that I'm not sitting here as a planner'talking tb yoti, but Itin not sure that it's clear,,. Mayor Ferre: Well, why not? You are more qualified than we are and we do it all the time. L=1 o � Zr.' • Mr. Fine: No,•no I'm not. i#12, the entire block of #112 is scheduled for future acquisition for the expansion- as Mr. Plummer said- of the college and that has been the plan from the very beginning and very frankly by now, we had hoped that the City and the County would have been able to acquire of it, because their funds weren't available, they didn't. And very candidly this little piece of land is just a sliver of land, just happens to fit into where that whole thing works well together, but please, bear in mind that the entire block there is and will be available in addition to land on the other side, three quarters of which block is already owned by the City of Miami. Mayor Ferre: Now, you mean the entire block exclusive of the bus station? Mr. Fine: Well, no. The entire block is slated for acauisition including the bus station and as you pointed out, #11 is a presently under construction addition to the federal building, so that complex will become one. And I would guess very candidly that that's enough land for maybe twenty years or more from what the community college folks and FIU were talking about, Mayor Ferre: What's #1 again, Roy? No, this one here in the corner. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Fine: #1, this is a central baptist church. Mayor Ferre: Yes. Mr. Fine: And they own that entire tract of land and we have been working with the church and Dr. Willard to see if we can be of assistance to them in obtaining federal funds in which to build housing for the elderly, Mr. Plummer: And I agree with it North of this street. The North side of this street, you are still access to the line, but agree to take and bring this into what I would call the educational complex, when you can put it right across the street. Mayor Ferre: Yes. Mr. Plummer: Let's look what's across the street, a laundry, a filling station,... Mayor Ferre: Blood bank. Mr. Plummer: You know, to me to utilize that property right there is just out of character unless- and that's why I asked the question if it was housing for the students. That's a different story because then that's part of the educational complex. Mr. Fine: Well, part of the answer there is, you see, we have a notion generally when we speak about schools, that students have to be young people, I would like to think that you and I are students and the fact of the matter is that a community college caters to a great extent to older people and there is °going to be a tremendous amount of,,, (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre:<<<Thank.you, Plummer, Mr. Fine: . , , interaction :betwen' the;se people the gasse. 1 i)ere. ,' o,rpo.°o eq o 5 °1,d o° ° °.ce.r . 9.D rp wv, 3. 8 E P 1 1978 SPEAKER UNKNQWN; YQu head h ,zn $0# °bi ptbet you heard h ,m i Mt. Pine: ,,, and 1 think really that's going to be,themost unique elderly mm housing project in the country and very much connected with`a part of an oh going evening activity as well as daytime activity where they are°going to be there Mayor Ferre: They can do it across the street just as well. Mr. Plummer: I agree, they can do it across the street, Mr, Fine: Well, J. L,, I would say this to you, They could do it any where in town they want to do it because by the time things get ready the transportation,., MEM i m ■ Mayor Ferre: I know that, Mr, Fine: ,,. system is going to be there and they can get downtown, Number three, there is a people mover station that's going to be right at that site. I can't sit here... Mayor Ferre: Where, excuse me? Mr. Fine: Right here. Mayor Ferre: Right there, ah huh. Mr. Fine: I certainly can't stand here and relate to Mrs. Gordon: On which side Martin, is the people mover? tiayor Ferre: 113. Mr. Fine: 413. Mrs. Gordon: The right side or the left side? Mr. Fine: Right there. Mr. Kenzie: The right side. Mr, Fine: But I can only tell you that the firm of Grafton, Ferendino, Spillis, Candela and we the people have been working on this for a year along with Roy, your Planning Department and the County's and have done in my opinion, a super job of putting this together. They anticipate closing four streets which will make it a much bigger campus and pick up that extra land and I would think this is one of the most exciting developments in the community and I'm simply here on behalf of the New World Center Action Committee of the chamber to tell you that we have spent a great deal of time on it and we endorse it wholeheartedly and commend it to you for your review and approval. Mr. Plummer: What's 414? Mr. Fine: 114 is that portion of the South block which will also be for the expansion of the community college. This is commonly referred to as a North block, that's the South block, this is the existing City of Miami Off -Street Parking Authority garage. Mayor Ferre: Which eventually will be expanded, it, will be doubled. Mr. Fine: Well,,.. Mayor Ferre; No. Mr, Fine: ... the answer is that the foundations are in for it, but perhaps they might even go in this block or some other block, but the land is being reserved for it to be expanded,. So, this and this and this and this all ' . form one complex of an educational nature that I think is going to'help. ° . rejuvenate downtown and stake it possible for it to be used.all day and night, ° 0, o oC i 0EMM 4 0 0. °Ms, Oordotit What is 10? Mr, fire; 10? 16 is the existing post ()Meet tteV, Gibson: 7? Mr. Fine; I don f t knots tahere it i Mr, Finer Oh, 7 is the existing community college, Mayor Ferret Yes, that's all there. 70_0011 and... Mrs. Gordon: 12. Rev. Gibson; 12, Mr. Fine; Pardon me? Mrs. Gordon: What is 12? Mr. Fine: 12, That's the proposed expansion for the community college; F*U and it will hold a tremendous amount of space, Mrs. Gordon: Is that land already under acquisition? Mr. Fine: No, no, that land is planned to be under acquisition- pardon me,,, planned for future development when other funds are available for CD programs or other programs or EDA grands or a whole bunch of things and your folks have done a great job in being ready to be poised for the time when Mrs, Harris says " we have some extra money, what do we do with it?" Mayor F.nne: Roy, as I understand it this is just a update on the part of Mr. Fosmoen and yourself. Mr. Kenzie: Yes, sir, that's correct, This plan has gone to the Community College Board on Monday and was approved by the Community College Board and the college has hired a construction manager to expedite the construction of the college facilities, The State Legislature has set aside sixteen million dollars for the construction of the two blocks, the South block being the gymnasium auditorium and theater and laboratory space for the college and the North block being mainly classroom space, over a five year period 3,5 million a year with the ability to borrow ahead on the funds. Mayor Ferre: Now,... Mr. Plummer: That involves #4? Mr. Kenzie; Right #E4, on both blocks. North and South, Mayor Ferre; Roy, how much of that land have we actually put together? Mr. Fine: I was about to say, if I may so. As I spoke with the County Attorney as recently as yesterday, the church property here has already been acquired, Mayor Ferre: uh huh, Mr. Fine: The condemnation suit has been filed and the hearing on the order of taking is scheduled for 9 o'clock in the morning October 26, at which time the title will rest in the County, At it's meeting on September 19, the County is being asked to appoint appraisers for this property and hopefully that appraisal will be completed before the end of the year and acquisition taken in the first quarter of 1979, with construction starting here.,, Mayor Ferre; That's a Methodist church, Mr, P'j.ne: ,,, in October of 79 or January of 80, SEP 141978 Mayor Vette: Veil, ttow1,1 Mt. Plummer: Basptist or Methodist? Mayor Ferre: No, it's a Methodist chute' Mt. Fine: It's a Methodist church. Mayor Ferre: Yes, a Methodist church would take most of the area where 4 is and part of where 3 is, but there is an awful lot of other space left and where the Plummer building goes and that's 6, That's not the Methodist church. Mr. Fine: No. By the way the Methodist church is building on Biscayne Blvd. now at about 4th Street and they are going to build a lovely new building. Mr. Plummer: They have already broke ground. Mr. Fine: Broke ground. Mayor Ferre: Oh, I see, so we are on the way as fat as the acquisition? Mr. Fine: Very much so. This is scheduled for completion at the end of 82. p�► Mr. Plummer: Is six proposed out of the twenty-five million dollar bond issue Mr. Fine: No, no. Mr. Plummer: Where is that one coming from? Mr. Fine: The Public Housing Act. Mayor Ferre: yet, has it? Mr. Fine: Well, it's very much a part of the plan and part of the concept and we are saying to you today that we think it's very appropriate and very valid. And Mr. Adams have been very much... Mel Adams, very much a part of this overall program and hopefully it will work out very well. Mayor Ferre: Is there any reason and this is a technical question and you AP may not be able to answer it, but say ten years from now, Marty has decided that we-- that the community really needs that space for student housing. Would there be any constraints with the Federal Government? Mr. Fine: If it could only be used for the purpose in which it was originally built, it would be public housing. Mayor Ferre: Well, then I tell you, I agree with Plummer and Rose, I think that's a bad mistake. I really do, I think we ought to rethink that very carefully. Mr. Kenzie: On the two year facility.., the community college being a two year facility, the types of students they draw right now do not demand housing. If when we move into a four year or graduate programs with FIU, we may then begin to generate some demands for housing, but right now the community college doesn't want to produce housing or have housing there. Mayor Ferre: Do you agree with that, with senior citizen... Mr. Fine: Very much so, Mayor Ferre; And you agree with it Roy? Mr. Kenzie; Yes. Mayor Ferre; And you agree with it?. Well, that... I mean, that has not been finalized and returned 20 *if. Vine: And very importantly, t would like to point out to you that Mitch Wilson, who has liye and breathed this downtown redevelopment and is the ::hairman of the community college has enthusiastically Mt, Plummer: Let me ask you a question. You used the terminology elderly housing, but isn't it in fact subsidize housing? Mr, Fine: Oh, that one is, "yes". Mr. Plummer: But I mean,... what I'm saying is it doesn't necessarily have to be for old people or elderly people. Mr.. Fine: Well, this project is being designed for and will be limited to older people and it will be subsidized. Mr. Plummer; Is there a minimum age? Mr, Fine: 62. We are getting closer, J.L. Rev. Gibson: That excludes you, Plummer, Mr. Plummer: We are getting one. Mr. Fine: Getting closer. Rev. Gibson: You have to wait too long. Mr. Fosmoen: Mr. Mayor, do you... does this Commission Want comment on that senior citizen project? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Fosmoen: Or the senior citizen portion of this? Mayor Ferre: Ah, that's up to... Rev. Gibson: Mr. Mayor, I would say this, that would be one way to keep those older people in the ball game. Mr. Fosmoen: Well, I think Commissioner, that's exactly the point, Rev. Gibson: Yes, now that's right. Mr. Fosmoen: You know, what we attempted to achieve is an integration o an elderly housing project with a college campus. Mr. Fine: Right. Mr. Fosmoen: Yes, Commissioner Plummer is absolutely correct, we can take the building and we can move it across the street and we can plunk them down in what is now, not a very attractive area and hope that some day this area is cleaned up. That's not our objective, our objective is to intergate the lives of those elderly people into that campus, rather than stick them off on the side some where and let them fight the traffic or let them worry about who is coming around their building. If they are in here there is going to be activity in that building, there are going to be students in that building and it's going to be very difficult for somebody to hide in the corner and jump out at them. Mayor Ferre: Ok. Rey, Gibson: It does the other thing too, By their being there some of those young people might act with restraint, Mr, Fosmoen: And there is also, an interaction is a philosophical question. Mayor Ferre; Ok, Mr, Fosmoen: Interaction between old peop-e and Mayor Ferre: Don't sell, you sold, Mr. Fosmoen: Ok, good. 21 SEP 14.1978 Meyot tette: We buy it. Flutter, t want you to heat this. We ate under another subject, but I just want to... Mr. Fosmoen, I'm addressing this to you, so this is just a matter of... I don't want to get into a... I don't want to be nasty of negative or anything like that*.,, Mr. Fosmoen: Aw, go ahead. Mayor Ferre: ... but I just want to make a philosophical comment to the administration. The City of Miami, this is within our jurisdiction, We also are using City funds since we are receiving community development funds for this purpose. Now, the matter has been resolved, that's the housing and I don't think we need any further reports and Father Gibson made that point. Plummer did bring out a very important question. Well, he asked a question, Now, this Commission is the elected board of this City, we speak for the citizens who elected this policy setting Commission, that's our purpose. Now, I would like to ask the Manager, through him to you, whether or not you at any time thought it was important to bring this up to the City of Miami Commission for discussion and for a policy matter? Mr, Fosmoen: A policy matter on the senior citizen project or on the entire development? Mayor Ferre: Yes, sir. Either way. Mr. Fosmoen: Well, Mr, Mayor,... Mayor Ferre: I mean this is being done with our money and our City and the City of Miami... and this is the very first time the City of Miami has expressed an opinion. I understand that you took it to the community and it was taken to the community... Mr. Fosmoen: The community college. Mayor Ferre: Well, board for approval. I don't see that that's been done with the City of Miami. Mr. Fosmoen: But that's what it's here for. Mayor Ferre: No, it isn't. It's here and I'll read you the committee of the whole item C, report on status of educational complex development downtown. Plummer asked a question, which is an important question and it's now been answered. Don't you think this City of Miami Commission not only has a right, but has a responsibility to express a major decision? Or do you feel that staff has sufficient authority to assume that for us? Ar Mr. Plummer: If you answer that one baby, you are crazy. Mr. Fosmoen: No way. Mr. Mayor, let me answer it in another way. We did bring to this Commission and have for the last two years, a community development application, within that application and Ms. Spillman, made presentations each year, this project in concept was defined for you. And we in those presentations discussed expansion of the junior college in an integrated housing site- elderly housing site. Mayor Ferre: Mr. Fosmoen, you... Mr. Fosmoen: Now, I would agree with you, sir, that it was not surfaced as a particular issue for this Commission. Mayor Ferre: You are an educated man in this particular field of planning. Now, you know, like Father Gibson talks about he went to Law School for one day. Well, you know, not all of us went to Architectural School for one day or Planning School and for somebody to express something in abstract terms, like Dena did for us two years ago and for that to be in any way presented as an approval on something, I think it's a little.,. that's way out. Mrs, Gordon; Are you talking about the money that we discussed for this kind of development two years ago? Mr, Fosmoen; No, no, We discussed it with the last CD application, Mayor Ferre; But that was very abstract, Dick, Mr, Fosmoen: Well* it wasn't abstract, it was not highlighted as a project, but it has been the concept of an intergrated campus with an elderly housing project. SEP 141978 ■ Mt x Mutter: Well, come on„ . Mrs, Gordon: When was the first tithe that you ptesettted the trying to recall. I think it was two years ago, wasn+t it? Mr. Fosmoen: As a project? Mrs. Gordon: Yes. Mayor Ferre: Sure. Mr. Fosmoen: Two years ago and again last year. Mrs. Gordon: Ok, and then you reiterated it again? Mr. Fosmoen: Yes. idea to us/ I' Mrs, Gordon: Ok, I do recall Mr. Mayor, that we did have in mind monies that we were going to be utilizing from CD for the development of housing and,., Mayor Ferre: I agree with that. Mrs. Gordon: ... college facilities in downtown. Mayor Ferre: In abstract. Mrs. Gordon: It wasn't delineated on which block or in what shape, but i I recalled that we did discuss what it was going to be used for. Mayor Ferre: In abstract. Mrs. Gordon: In fact Maurice, if you recall there was a lot of feelings? in fact on my part at that time, that perhaps we needed to use some of that money for more critical areas like Culmer and at which time at that time it was told to me and you were one of those who said it " what do you want to do, take the money away from the housing in downtown?" and I said "ok, alright, we will do it from the next funded year." Mayor Ferre: And I agree again, that this matter has been discussed in abstract. Now, I'm just making a point. The point is Plummer asked a question, I was surprised at his question. It's been answered, but the point is that it's been answered after the fact. The whole community... this has been sudden action. Let me put it to you another way, Mr. Fosmoen. Mr. Fine, is here representing the Chamber of Commerce. Now, the Chamber of Commerce are people that are selected. They are... and the leaders group, who meet and decide the destiny and future of this community and that's fine. Now, I would like to know whether or not the Manager, because I have brought this question up to four fields, that this City Commission should be as well informed as to what's going on in downtown and other parts of the City of Miami, as the Chamber of Commerce is. Because many times in the past I have gotten my information and I'm the Mayor of the City of Miami, from minutes that I get from the Chamber of Commerce meetings. Now, I just happen to rebel against that philosophically. The same lecture that I get, I will give you another lecture on Government and on trust and on authorities. I do not think that this Commission is being taken in sufficiently in the decision making process on projects that affect the City of Miami and I do not like to hear about housing going on on Fifth Street after the fact, in specific from a very distinguished gentleman and member of this community who comes here representing the Chamber of Commerce. Now, I have nothing against the Chamber of Commerce, but that's not the way for the City of Miami Commission to be informed as to what's going on within it's jurisdiction. And I'm not trying to create any more problems, but we do and there is no big mystery about it, you know that there is always a communications problem in Government, especially between administration and the legislative body, whether it's Congress or the City of Miami Commission. And certainly this does not add to the kind of communications and confidence and rapport that we need to have. Mr, Plummer; Well, you know, I think,,, you know, briefly what we are saying 23 ON ■I.I■imuii iiuu i ii m Rim ■ii m r% is, you come tt hete this tothihg tahete the buck stops hers Mayor Perre: It hasn't, it's gone beyond us. Mr, Plummer: Well, no, the buck stops here with the City of Miami. It is in the City of Miami and you are boxing us in and coming here tell us that all of this has been approved by all these other people who don't have the authority. Who don't have the control of the funds and I think it's unfair. I really do, that we don't have some of the initial input or at least be put on the same par with the others, you know. Rev. Gibson: Well, Mr. Mayor, I... Oh, Mr. Nayor, I hope , I hope and trust and pray that the administration is getting this message. This has been happening to us constantly. We are going to take up another matter where this happened. You know, remember I said just before we went on vacation. I don't plan to let no body call the shots for Theodore. I's gonna call my shots. In this instance and I'm in accord, but I think, you know, just common courtesy and decency would say "look Ted, this is what we are planning to do" and I want to make sure that everybody on this staff understands that. Don't take me for no granted, because I certainly don't mind surprising folk. Ok? I'm not going to say no more than that. That I'm talking about policy, I'm in accord with what's there, but I'm talking about policy, don't tell me after the fact, because I think some of you all think that you all are the Commissioners. Mr. Plummer: Sometimes I wish they were. Mayor Ferre: Alright, any further comments or statements? Mr. Plummer: Well, what is it you are asking of us to do this morning? Mayor Ferre: Nothing, nothing, it's... we are through. Unless you want to do anything else. Mr. Plummer: Well, I'm still in disagreement... a basic disagreement on the one thing. Mayor Ferre: It is duly noted, Mr. Plummer. Mr. Plummer: Fine and that's as far as it will go, that's what bothers me. 6. "NEW TOWN - IN TOWN", REPROGRAMMING $200,000 (FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS); AUTHORIZE AGREE- MENT WITH DOWNTOWN DEVELOPMENT AUTHORITY FOR HIRING OF PLANNING CONSULTANT. Mayor Ferre: We are now on item ##0, New Town - In Town, planning strategy. Mr. Fosmoen? Mr. Fosmoen: Mr. Mayor and Members of the Commission, for some time this community has been discussing the concept of a New Town/In town. I believe it first surfaced with Wallace McHarg's recommendations for downtown. That concept has languish for several years. We think that it's an important effort in continuing the whole series of projects. We think that undertaking an effort to create a New Town/In Town is in line with this Commission's stated policy of using public dollars to stimulate and to leverage private investment. What we would like to do is take a few minutes this morning to describe to you the process that we would like to go through to undertake a feasibility analysis of a New Town/In Town. We had been hoping and we still are hopeful that Federal Legislation will be forthcoming which will create a broader funding base for a New Town/In Town. However, we don't want to sit back and wait for that to happen. It could happen in this session or the next session of Congress, rather we would like to take the initiative now, begin those steps that would permit us to undertake a New Town project as funding becomes available and explore existing funding sources, particularly tax income and financing. I would like Mr. Reid, the City's Planning Director, to describe to you the process that we would like to go through and we also have a resolution transferring funds from the Latin Riverfront Specialty Center a small portion of those funds since we are not going to be able to spend them all out by the end of this fiscal year- end of this project. Mr, Reid? 24 SEP 141978 Mt. 1teidi Mr, Mayot and Members of the City Commission, my purpose as Dick has described it, is to talk about the New Town/In Town strategy, I have with the toy Kenzie, of Downtown Development Authority and Dena Spillman of the Community Development head to answer any questions that you might have. Our Objective here really today is indicated in the little hand-out, is to describe a little bit of the background in the context and the development goals for the New Town/In Town study, to talk about the project organization and study design and hopefully to receive your authorization to allocate two hundred thousand dollars in community development funds to this project. Going on to the background, the boundaries I want to indicate here on the 1974 aerial, it doesn't show of course, the tremendous investments you have made in Bicentennial Park, but it does show the area that's bound on the_North by I-395. On the South by the old municipal railroad. On the West by the F,E.C. railroad and on the East by Biscayne Blvd. This area has been subject to a number of studies by the City including the Downtown Planning and Zoning Study in 1972. It was the subject of a National Urban Design competition in 1976, The Miami Comprehensive Neighborhood Plan which you adopted by resolution included the carrying forward of this idea and more recently this summer the Downtown Development Authority has done extensive field survey in the area to get a current handle on existing conditions. And they have mapped these field surveys in a report that they have put out. With respect to the general context for the area, because I think it's important that you consider this matter in the context of what's happening in and around the area and downtown. We have of course, looked at the existing condition in the area right now. The space that's used is about 25% retail space, 23% wholesale and manufacturing, 23% of it is vacant which I think is a key point because we essentially have areas where relocation is not required and 11% of it is used for housing with about 1/5th of that being owner occupied, the rest of it being rental housing. It is 68 acres in size excluding the public right-of- way and of course, in his context trap... Mayor Ferro. Is that all that is, 68 acres? Mr. Reid: That's when you exclude public right-of-ways. Mayor Ferre: Oh, oh, excluding public right-of-ways. Mr. Reid: Yes. Mayor Ferre: So, no streets or anything else and... Mr. Reid: When you take the streets out there is 68 acres remaining. Mayor Ferre: Yes, ok. Mr. Reid: Ok. In terms of it's location, of course, it is really in a tremendously strategic location between the Omni complex and that force us downtown and the Flagler Street retail and office area. With respect to other things going on around you, the project, we feel would be enhanced by the 35 acre Bicentennial Park that you have already invested in, ok. But I think this project can help that park in terms of bringing people to it and having the use that it needs really to become a community resource. There is a new park talked about in respect to the F.E.C. property. You have the Ed. Com. project that you reviewed this morning and are commenting on and this provides and educational resource for potential residents in New Town. They can walk or easy access to educational facilities. The new Washington Heights Rapid Transit Station is on one edge of the area and a proposed People Mover Station is on the other giving it the... Mayor Ferre: Now, would you point that out? Alright, yes, I saw it. Mr. Reid: Right here. Mayor Ferre: Npw, would you point that out, please? The People Mover? Mr, Reid: The People Mover as it is presently being discussed, goes along Biscayne Blvd, and indicates,,. on the Omni LEG, indicates a stop right here in front of the New Town/In Town location, Of course, it is also located and I think useful to the Culmer redevelopment area which is just to the West and the construction that might go on here, the housing development I think would have a very positive impact on Culmer. It's not very far from the proposed government center project where ten thousand people will be employed and in.,, overall in the downtown. This is the map of the action 25 SEP 1z11978 rr' today in the downtown of what's going on oyerall in the downtown, The residential community would compliment about seven hundred million of investment activities that's now either taking place or contemplated by the private sector and of course, it's not far from Watson Island assuming that becomes a family and resource for the region and people from else where. In terms of the development goals of the community which is also outlined on my sheet and we would like to get your early feedback on this We feel at this point and this is before detailed planning studies have been done, it should be basically and predominantly a residential community. Now, we feel a strong downtown must have residences in and around it, it shouldn't be a dead place in the evening and so that this would be as we see it predominantly a residential community with a balance aimed at both upper and lower income families, but for the main emphasis on middle income people and a place where they can live near where they work. We feel that there ought to be a range of housing types and tenure, that is some townhouses and walk-ups and midrise and some highrise and that there should be some convenient shopping and probably you know, mixed use built into the project. We feel in the main shopping areas where the people here would shop, would be the Omni and would be the Flagler Street downtown for their major comparison shopping. Now, we think it should be closely tied in with downtown and minis, there is a lot of strength in the down town, people have a tendency to really miss the strength that we have. With people around you the extensive parks could be used much more. The Miamarina being upgrade. would be a tremendous facility in the evening for people to use and support. Gusman Hall in terms of program etc, ... we are talking about a residential community that has strength near by it, that no other community in this region can top. We think that in terms of the development goal there has to be a very feasible financing plan and we don't want to get ourselves committed to this thing and not be able to pay for it. And we think that there must be excellent design and strong development control, so that pedestrian space and building design is really excellent throughout the whole project. With respect to the project organization which is the next sheet in the hand-out I passed out. We say right up front that the project needs your policy guidance. It needs policy guidance from the City Commission. It needs to be talked to or talked about to the County Commission because the possibility exist that later on we would want to finance this project through tax income and financing. Possibly also asking them to freeze in effect their taxes during a development period. Mayor Ferre: Mr, Fosmoen: Mayor Ferre: Mr, Fosmoen: Is that assuming that the constitutional revision? You have the legislation in place now... Has that legislation been tested in court yet? The South Bayshore development project is taking it through the validation process now. Mr. Reid: The Act was passed in 1977. Mayor Ferre: Oh, I know, we were very active in it. That's not the question. The question is has it been tested in the Supreme Court of the State of Florida? Mr. Fosmoen: It has not been and other communities are frankly hesitant to move ahead before South Beach because they have at this point, got the best Act together on it. Mr. Reid: In terms of... so we expect to be coming back to this Commission for policy guidance with respect of the development program, to the financing aspects, marking strategy and the key policy decisions that occur during this study. There will be business and citizen involvement through the New World Center Action Committee and the Downtown Community Development Committee. We also, intend to keep the Culmer Community Development Committee informed of the work on this study, From the technical point of view with the intent to establish a steering committee, it's a very complex project in which we will involve our own Planning and Community Development Department, the Downtown Development Authority, Dade County Little HUD which exercises redevelopment activities for the County and of course, County Community Development because they are our potential sources of funding and other that need it, including Florida DOT and Dade County DOT, Mrs. Gordon: How many acres did you say is in that area? ivy SEP 141978 ■ ■MM ■ ■ ■ 0MEM 0 ■ ■ ■ layof pet te l 63 Ir, Reid: In terms of the ithout tight'bt-.ways.681 occluding street right C - wzys. Mrs. Gordon: Are you,,, is part of the plan to close some streets and,,. Mayor Ferre: Sure. Mr. Reid: The „ , that certainly will be looked at as an alternative in terms of getting more buildable lots and so forth, but how that comes out will depend on the detail look at circulation and access and the feasibility of closing the street, But certainly we are going to look at that because that would yeal more developable areas and which would be a plus. - Mayor Ferre: Alright, Mr. Reid: A key point and I want to emphasize this, is that we are not asking for this money for the City of Miami Planning Department or the Downtown Development Authority in terms of this study. We intend to be heavily involved, but the basic idea here is that we would contract out for the technical work with a firm or a group of firms that have planning capability in terms of this kind of venture and have handled very complex ventures in the past, know about development finance, no where the money is and how to layout the proformers and the prospectors to get it and know about development management. How the management of a project as complex as this can be carried off because... Mrs. Gordon: What... Mr. Reid: Yes? Mrs. Gordon: That's ok, go ahead and finish your sentence. Mr. Reid: Well, that's the basic job that we intend to lay -out for the consultant, Mayor Ferre: Do you want us to pass a resolution? I'm sorry, Rose. Mrs. Gordon: What time table from today, forward? Mr. Reid: Ok, if I could beg your indulgence, I just talk about the consultant work and then I have a time table laid -out. We expect the consultants to assist us in designing the object of this study and the economic, environmental, social and physical and to bring those objectives back to you to conduct a market analysis. There needs to be a very sophisticated economic model constructed in the project, develop a detail program in terms of land use or an urban design, to identify capital facilities reauirements, what the City and the County might have to do with respect to intrastructure, to identify funding sources- Community Development monies, EDA monies, monies from the Bureau of Outdoor Recreation possibly. New federal sources such as the joint development funds that the President has talked about. State incentive funding or possibly a resurrection of Title VII which is the New Town or new Community funding pot. And to develop a detailed financing plan looking at the possibility of tax increment financing and by that we mean in terms of the project area. At the time the redevelopment plan is approved by you and the County Commission freezing the assessment base and then using the increment as a property values increase in that are to be plowed back into finance the land acquisition, site preparation improvement, housing, whatever the program calls for in terms of making it a feasible project. Mayor Ferre: Alright, I have... Mrs. Gordon: When I said the time element, I didn't mean the time for the planning study. I meant from the completion of the planning study to begin the actual acquisitions and development and this and that. I'm just trying to get a mental picture whether this is ten years down the road or five or what? Mr, Reid: Now, I think if the planning study proves to viable and feasible and if it was approved by this Commission and redevelopment was authorized, the financing plan was approved by you, that it would take six months to gear up in terms of the you know, a detailed work plan for carrying out the project and then you would immediately there go into land acquisition and into private development, I think it will be a project that takes place over a period of say ten years now, Mrs. Gordon; No, MIIIMMINFOCk Mr. Reid: But initially you could get into action in about eighteen months • after you approye t t t Mayor Ferret Alright t that t s what you toss look ,bg for, Mrs. Gordon: That's what I was looking for, °Could 1 AftVision ten years dawn the road a completed project? Mr, Reid: No, it gou1d,.. Yes, but we are talking about after an accepted development plan, probably eighteen months before you can get into details. Mrs. Gordon: The first step, but I'm talking about the last step and you gave me the answer. Mr. Reid: The last step is ten years, perhaps fifteen as long as fifteen and it depends on a lot of other factors. Mrs. Gordon: Ok, Mayor Ferre: Let me ask you this question. Have we been designated by the,., have we requested the County to designate us as the development agency on this? Mr, Fosmoen: No, sir, we have not, Not yet. We have had a series.., Mayor Ferre: Has the Downtown Development Authority requested that? MY. Fosmoen: Not to the County Commission. Let me just brief you. Mayor Ferre: Well, they are the ones who have the authority to do that. Mr. Fosmoen: No, sir, they don't. Mayor Ferre: Or our redevelopment agency? Mr. Fosmoen: Whatever powers come to DDA, must come through this Commission. Mayor Ferre: I'm not saying that. As you know the Metropolitan —Dade County has the authority to be the redevelopment agency or to give that right out to anybody they want. They gave it out in Miami Beach, in South Beach, to Miami Beach, Now, I ktiu.a '-hat they have reluctance to do that with the City of Miami and the whole ci=y. This is the project that we are going to fund for two hundred thousand dollars. Now, I'm sure that that is a step that we need to take so where along the line. I'm not saying that we should take it before we spend the two hundred thousand dollars because that would slow down a very important process, but I'm saying that we do need to do that and I'm asking you when it is that we plan to ask. Mr. Fosmoen: We will be come to this Commission with a recommended resolution in your first meeting October And we have had a series of staff meetings, I think t.Lat the staffs are in agreement. Mr. Kenzie, Mr. Adams, and myself and other people who are involved in that redevelopment process, And our next step is to come to you and achieve your concurrence and then go to the County Commission and request certain redevelopment rights. Mayor Ferre: We have a resolution that you have in this memorandum before us, I assume you want us to pass this today? Mr. Fosmoen: Yes, sir. Mayor Ferre: Alright, now... I don't know if anybody has any other question, but I'm ready to vote, but I want to just for the record, this has you recommendation? Mr, Fosmoen: Yes, sir. Mayor Ferre: And Roy this has... Roy Kenzie of the Downtown Development Authority, this has your recommendation? You both are in agreement? You think this is an important step forward and I know that the Chamber is very excited about this and this is a good project. Rev, Gibson: Mr, Mayor, question, Mayor Ferre: yes, Rev. Gibson: I'm a little confused, which isitit Uhtisuai4 ate ate going td spend two hundred thousand dollars? Mr. Fosmoen: That's an estimate, sir, Mayor Ferre: There is a resolution in back of that. Rev. Gibson: Alright, I know, but you know, are sure the County ie you see what let us do it? DoI'm talking about? Mayor Ferre: Well, suppose they don't. Now, the question then becomes is�if have we wasted two hundred thousand dollars and thisthe isasomething thatin my iisoabsolutely not wasted two hundred thousandbecausejust want to make sure essential for the health of the Wlthre of this,rtifmthe County were to tell us today that we have it scheduled along that they were turning us down and that they wanted to be the development agency, I wouldn't go fight them on that, but I wouldostill vote' "yes" Its nvthth because I think this is a absolutely essetWantedal ep to do this ten years ago, we due, we should have don't it... Bill Baggs should have paid attention to Bill Baggs. Rev. Gibson: Well, Mr. Mayor, I'm not opposing, I just want to make sure that our eyes are wide-open to the possibility.. Mayor Ferre: Oh, yes. Rev. Gibson: ... that you disappointed". Mayor Ferre: From a tactical point of view, let me put it this way. I think il for us to go spend this two hundred thousand dollars and ghassucertainrespo si ility that this is a project that we are going guiden put the County Commission in a very difficult positthisiotyn tonturneusDdown. I think that that would be a real slap in the face Development Authority and I frankly don't think they will do it. But I just wanted to put it on record like you. your strategy, but I want my eyes wide-open so that Rev. Gibson: I want to buy es were open" and if they say if I'm disappointed, I say "well, you know, my eyes „no"... know, so that we don't say later on "well, we are Mayor Ferre: I agree. I want you to know that I have made Rev. Gibson: .. I want to be able toafter m•body. up my mind in the other direction to goY Mayor Ferre: Yes, I agree. Is there a motion then? Mr. Plummer: I'll move it. Mayor Ferre: There is a motion, is there a second? motion? Rev. Gibson: I'll second the motion. Mayor Ferre: Alright, there is aOsecond. RECORD�er Moved and seconded seconds. (THE MAYOR READ THE RESOLUTION INT discussion, call the roll. SEP 141978 The gaiiowing te$Qiutiof tag tOtoduted 1y coMmi,ssiOuet PiuMMO moved ite adoptiott; RESOLUTION No. 78-542 A RESOLUTION REPROGRAMMING $200,000 FRO'1 THE MIAMI RIVERFRONT SPECIALTY CENTER (FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS) TO A NEW PROJECT ENTITLED NEW TOWN IN TOWN PLANNING: FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY TO SERVE AS PROJECT MANAGER FOR THE HIRING OF A CONSULTANT TO CARRY OUT A PLANNING, MARKET FEASIBILITY AND GENERAL DESIGN STUDY FOR THE NEW TOWN IN TOWN. (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 J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: < None, Mayor Ferre: Thank you, again, Roy and Marty and... Mr. Kenzie: Thank you, Mr. Mayor. Mayor Ferre: Thank you, sir. • ION OF 7. CRANT ONE-YEAR OCK 7; MIRAMARX3RDSVARIANCE LOTS BLOCK 4), 1866N. BAYSHORE DRIVE. Mayor Ferre: Alright, it's 11 o'clock and we have an hour, I think that perhaps we could get through early this afternoon if we work with diligence here. Mr. Manager, would you guide us through as to what items we can now take up? Mr. Grassie: If we skip over Mr. Mayor, the items that involve personal appearances and also ordinances and... Mayor Ferre: Alright, sir. Mr. Grassie: ... go to item 21, I believe that we could start there, Mayor Ferre: Alright, we could start with item 21, to grant a one-year extension for Variance on Lets 1 and 4, Block 7, Miramar 3rd amended (5-4) being 1866 North Bayshore, approved on March 20, 1978. Is there any problems with that? I assume this has you recommendation? Mr. Grassie: Yes, sir. Rev. Gibson: Mayor Ferre: Rev. Gibson: Mr, Grassie; I think they said so, It has the.,, I move, Yes, it does have the administration's recommendation ,- 30 SEP 1 is 1 78 tayot Ferre: Gibson troves, Gordon seconds# i5 thete further discussietri Oh 21, call the roll, The following resolution was introduced by Commissioner Gibson. Oleo ►died it3 adoption: RESOLUTION NO, 78-543 A RESOLUTION GRANTING AN EXTENSION OF RESOLUTION NO. ZB 61-78 AS AMENDED BY RESOLUTION NO. ZB 104- 78, GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE X, SECTIONS 5 AND 6, TO PERMIT CONSTRUCTION OF A PROPOSED RESIDENTIAL DEVELOPMENT FOR THE ELDERLY (THE BAYSHORE CARLYLE HOUSING FOR THE ELDERLY), ON LOTS 1 AND 4, BLOCK 7, MIRAMAR 3RD AMENDED (5-4), BEING 1866 NORTH BAYSHORE DRIVE, AS PER PLANS, BUILDING AND SITE DATA IN FILE, WITH 2.1 FLOOR AREA RATIO (F.A.R.) (2.0 PERMITTED) AND 21.16% LOT COVERAGE (19% PERMITTED), SUBJECT TO PUBLIC AREA WITHIN BUILDING BEING OPEN DURING NORMAL HOURS; ZONED R-5 (HIGH DESNITY MULTIPLE) GRANTED BY ZONING BOARD RESOLUTION NO. ZB 104-78. (Here follows body of resolution, omitted here and on file: in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre Gibson; • • 8. APPOINT COMMISSIONER ROSE GORDON CITY OF MIAMI DELEGATE TO VOTE AT 52ND ANNUAL CONVENTION OF THE FLORIDA LEAGUE OF CITIES. Mayor Ferre: On 22, appointments to fill a vacancy. Well, that's going to take some time I would imagine, so we will come back to 22. Item 23, appointment of a City of Miami delegate to vote at the 52nd annual convention of the Florida League of Cities. Mrs. Gordon: Mr. Plummer. Mayor Ferre: Mrs. Gordon moves, that Mr. Plummer be appointed. Is there a second? Mr. Reboso: Second, Mayor Ferre; Reboso seconds, further discussion on 22.,, oA, 23 excuse me, call the roll. Mayor Ferre: Wait a minute, Mrs, Gordon; You can't do that? p Mutter! No Mrs. Gordon: No, (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: Oh, you can't vote, Oh, Mayor Ferre: Alright, Father Gibson moves, that Rose Gordon be the voting Member and Reboso seconds, further discussion on the substitute amendment..+ Mrs. Gordon: You can't vote J, L.? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: Alright, ok. Mayor Ferre: ... and Mr. Plummer, is the alternate. Any discussion ott the substitute amendment now on the resolution of item 23, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-544 A RESOLUTION DESIGNATING COMMISSION ROSE GORDON AS THE CITY'S VOTING DELEGATE TO THE 2ND ANNUAL CONVENTION OF THE FLORIDA LEAGUE OF CITIES TO BE HELD ON OCTOBER 19, 20, AND 21, 1978 IN HOLLYWOOD, FLORIDA. (Here follows body of resolution, omitted here and 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 Rebosc Mayor Maurice A. Ferre 9. RESCHEDULE REGULAR CITY COMMISSION MEETING OF OCTOBER 26, 1978 TO OCTOBER 24, 1978. Mayor Ferre: On the question of rescheduling, we've got some problems, First of all we got the Thanksgiving situation we've got to resolve and then there is a problem regarding the schedule Commission on the 26th of October and the idea is to make it on the 24th of October. Well, somebody had a problem and I don't know who it was. Who was it? Mrs. Gordon: The applicant. Rev. Gibson: I didn't even.,,(Inaudible), (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I think this has already been solved by the Manager's staff, Is that right Bob? 2 SEP 411978 ,,,7t=ez-4' • =m_ Mrs Pilifter: Which item is that? Mayor Perre: Mt. Plummer: Mayor Ferre: item 24? This is 24? Is Marie there? Mr. Plummer: Christie, have I got any toftEliott Mare shouldn't be Clerk, what was the number of the item on the Florida League? Rev. Gibson: 23. Mr. Plummer: 23. Mr. Ongie: It will be 544. Mr. Plummer: Mr. Ongie: Mr. Plummer: No, no, no, I mean the agenda Oh, the agenda item is 23. I got it. October 12th, is 12th, Columbus Day? Mayor Ferre: Yes, but that not... Mr. Plummer: The 9th is... Oh, ok, but it is the 12th, Mayor Ferre: Alright, I'm the 23rd, but the 24th is a a. item number. holiday, isn't it? Isn't OttrAer. oh, they moved it to celebrate it on a Monday. isn't it? alright on the 24th and that's... I would prefer cceptable. Mr. Plummer: I'll move it. Mayor Ferre: Does anybody have a problem with the 23rd? Rev. Gibson: I'll be in Raleigh. Mayor Ferre: You will be out. Alright, the 24th is fine. Ok, Rose, 24th. Alright, there is a motion by Plummer, seconded by Gibson that October meeting that is scheduled on the 26th, be held on the 24th of Tuesday. Is there further discussion? Well, let's do this one first we will do November. Call the roll. Call the roll on 24, please. the the October, and then ••• •=a 1 • i rP r;• a ■ The following resolution was introduced by Commissionet piuminet, who bOVed its adoption: RESOLUTION N0. 78-545 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF OCTOBER 26, 1978 TO TAKE PLACE ON OCTOBER 24, 1978. (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 10. RECOMMEND APPOINTMENT OF COMMISSIONER ROSE GORDON TO THE PUBLIC SERVICE COMMISSION. Mr. Plummer: Mr. Mayor, I had a resolution prepared that I would like to bring up at this time. And it read (MR. PLUMMER READ THE RESOLUTION INTO THE RECORD). Mayor Ferre Now, Rose is going to go... I want to tell you something. Mr. Plummer: What? Mayor Ferre: I want to tell Rose something on the record. Mr. Plummer: What? (COMMENT INAUDIBLE) Mr. Plummer: Rose, last said you couldn't tell her, you dummy. Mayor Ferre: I'm not going to tell you. Mr. Plummer: Can I finish reading the resolution? Mayor Ferre: Read it, read it. I want her to hear it. Mr. Plummer: (CONTINUES READING RESOLUTION). And I move it Mr. Mayor., Mayor Ferre: There is a motion, and I hear a second. Rev. Gibson: Second. Mayor Ferre: There is a second by Father Gibson, further discussion, call the roll, please. SEP 141978 • The following tesolution Was itittoduced by Coininissiohet Pit ffn eta Who thawed itS adoption; RESOLUTION NO. 78-546 A RESOLUTION STRONGLY RECOMMENDING THE APPOINTMENT OF CITY COMMISSIONER ROSE GORDON BY GOVERNOR REUBIN ASKEW TO THE FLORIDA PUBLIC SERVICE COMMISSION BECAUSE OF HER OUTSTANDING RECORD OF ACHIEVEMENT IN PUBLIC OFFICE AND HER UNQUESTIONED INTEGRITY; AND FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THE HEREIN RESOLUTION TO GOVERNOR ASKEW, (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 J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mayor Ferre: Well, now... Where did Rose go? Mr. Plummer: We are going to see how much guts you really have. Rev. Gibson: He can do it. Mayor Ferre: I mean, I don't have this opportunity to have fun that often. Rose? Mr. Plummer: She is in her office listening on the microphone-- on the speaker system. Mayor Ferre: Rose, stick your head in here. What I wanted to... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: No. What I wanted to tell you this morning which is why I wanted to see you for a second is that, even though you and I have once and while had differences, I really have a great deal of respect for you, I really do. Mrs. Gordon: Thank you, Maurice. Mayor Ferre: And I have a high regards for your dedication to the community and if you are appointed and I'm sure you will be because I'm sure the Governor would be out of his mind not to appoint somebody... Mrs. Gordon: Oh, my God MEM Mayor Ferre: Yes, you can quote me on that. Mr. Plummer: Put that in a resolution. Mayor Ferre: I think he would be very foolish not to appoint somebody with your background and the fact that you represent South Florida and that you have been an activist in health matters and senior citizen matters and in consumerism activity, I think you would be a very, very fitting representative for this community. And as I said you know, we don't always vote the same way and we don't always agree on things. I'm going to miss you. Mrs. Gordon; Oh, thank you,. 1 will come and visit with you. y$O Petrel Arid Vith that X yote{►► Mi's, Gordon; I hope I get it, but I don't know that its any kind of a shoe in thing, but I do appreciate, really from the bottom of my heart, the confidence that you have displayed by making this resolution and if I do get it, I would do the best can to make you proud that you have passed this resolution, Mr. Plummer: Now, Rose, about my electric bill, Mayor Ferre: Alright, now base.,. wait a minute, I haven't voted, I Vote "yes". Mrs. Gordon: Oh, I didn't know that. • 11. DISCUSSION OF 2ND MEETING DATE IN NOVEMBER-DEFERRED. r Mayor Ferre: Mr. Ongie: 25 Mayor Ferre: Rev. Gibson: Mayor Ferre: problems with Mr. Plummer: Ok. Now, we are on item II20,,, ...5, Abolishing the City of Miami, I thought you also mentioned the November meeting. Oh, I'm sorry, but you are right. Manolo are you having any the November meeting? November 9th, Well, how come we only have one meeting scheduled for November? Mayor Ferre: Because Thanksgiving is on the 23rd which is the normal day for us to have our meeting. What holiday is November loth? Mr. Plummer: Huh? Mayor Ferre: Oh, Veteran's Day. Alright,. Mayor Ferre: Veteran's Day. It's a holiday. When will we hold the second meeting? Rev. Gibson: Yes, Mayor Ferre: Now, I've got a problem... is that country at lot in November and... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok. And my problem is personally, that be able to come back from Europe in mid November. Rev. Gibson: You will not. Mayor Ferre: I will not be able or you know, if I have I've got to come all the way from Europe to be here... Mr. Plummer: When are you going, Maurice? Mayor Ferre: I don't know because I don't,., Mr, Plummer: Approximately? to make that meeting, MEI Mayor Verne t that, Veil a the ?resident o the ,lusted St4te$ i s go og to decide Mr. Plummer; Is that permanent? One=way or two-way ticket? Mayor Ferret You won't have to passe any resolutions for the recommending ine to the President, Mr. Plummer: He is going to be the sole distributor in Paris for Billy Beer, Mayor Ferre: I just cannot,,, I will not know until I come back from Washington next week. Mr, Plummer; Well, lets leave it open until our next meeting, Mayor Ferre: Well, I'm just, you know, telling you on the record that l have. a problem in the,,, in November, Mr. Plummer: Fine, so we will deal with it at the next meeting, Mayor Ferre: Ok. Mr. Plummer: Can this Administration afford an ash tray instead of a pickle dish? Mayor Ferre: Of course, not. NIP t,. 12. ABBOLISH CHARTER REVIEW BOARD g CREATE A CHARTER ADVISORY COMMITTEE. .•. Mayor Ferre Alright, we are on item 25, Abolishing the City of Miami, Are you ready to vote on the abolishing of the City of Miami's Charter Review Board and creating a Charter Advisory Committee to be composed of the City's Legal Staff, Administration and the General Public? Mayor Ferre: You've all read the recommendations? Mayor Ferre: Is everybody in agreement with it?,. Mr. Plummer: Sure, Mayor Ferre: Plummer moves, Gibson seconds, further discussion on item 25,' Alright, call the roll, t'J SEP '1979 The pliow ,ng l esoi.uti,on Vas introduced bpi ComMAssioner Plutftert toho *wed Is adoption; PESOLUTION NO, 78-547 A RESOLUTION ABOLISHING THE CITY OF MIAMI'S CHARTER REVIEW BOARD, WHICH WAS ESTABLISHED BY RESOLUTION 38699, MAY 24, 1967, AND CREA- TING A CHARTER ADVISORY COMMITTEE, COMPOSED OF SEVEN (7). MEMBERS, REPRESENTING THE CITY'S LEGAL STAFF, THE CITY'S ADMINISTRATION, AND THE GENERAL PUBLIC, FOR THE PURPOSE OF INVES- TIGATING HOW THE CITY CHARTER CAN BE MODERN- IZED AND MODIFIED TO PROVIDE FOR MORE EFFICIENT AND MORE RESPONSIVE ADMINISTRATION OF THE CITY OF MIAMI'S AFFAIRS. (Here follows body of resolution, omitted here in the Office of the City Clerk), Upon being seconded by Commissioner Gibson, the resolution was passedand; 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 Mayor Ferre: And Mr. Manager, since the Administration and the Legal Staff - Mr. Knox?- are going to be active now in this new Advisory Committe, I really think that the City of Miami Charter like most City Charters is really completely obsolete. Now, I'm not saying that we have to rewrite our Constitution, but you know, even the State does it every ten years and I think that we really should start cleaning out all of this foolishness that we have in there about the fact that all bars have to have windows and all that kind of stuff, you know, those things are... that was fine during the days when wives had to go find out if their husband was spending their money on Friday in the bars, but I mean, you know, that's kind of... Mr. Plummer: You know, I would have never thought of that. Mayor Ferre: Ok? Did we vote on that? Mr. Ongie; Yes, sir, 13. ENCOURAGE INVOLVEMENT AND COOPERATION IN THE DEVELOPMENT OF ECONOMIC POLICIES AND STRATEGIES. Mayor Ferre; Alright, then we are on 26, encouraging involvement and cooperation among all economic development entities in the Greater Miami Area, in the development of economic policies and strategies. What exactly Mr. Manager, is that all about? Mr. Fosmoen: Mr, Mayor, one of the things that the Federal Government insist on when they look at funding for various economic development projects, is that there is cooperation among the units of Government which are affected. Mayor Ferre; Yes, Mr. Fosmoen: We are simply trying to demonstrate to the Feds and the State, that we are working together with Dade County, with Coral Gables and so forth, on an overall economic strategy before Mayor Ferre: Rose Gordon moves, Plummer seconds item 26, further discussion, call the roll. 38 SEP i U 1978 The i'olloi itg tesoihtiot Wag ihttoduced by Commissioner Gotdott, who toned it§ adaptiott: RESOLUTION NO. 78-548 A RESOLUTION ENCOURAGING INVOLVEMENT AND COOPERATION AMONG ALL ECONOMIC DEVELOP- MENT ENTITIES IN THE GREATER MIAMI AREA, TO MAXIMIZE THE LIMITED RESOURCES AVAIL- ABLE, IN THE DEVELOPMENT OF ECONOMIC POLICIES AND STRATEGIES WIIICH WILL IMPACT UPON THE TOTAL GREATER MIAMI AREA. (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: Mrs. Gordon, Mr, Plummer, Rev, NOES: None. ABSENT: Vice -Mayor Reboso, ON ROLL CALL: Gibson, and Mayor Ferre. Mayor Ferre: Yes, but I hope it becomes more than just a resolution you know, recommending economic... development on economic policies because, you know, I find it a sad commentary frankly, that for example, we have the International Chamber of Commerce meetings coming up in Disney World, I guess it is and that this community absolutely foundered around. You know, I haven't Exen our super activist, negative Press talk too much about this one. But the Chamber of Commerce is right smack in the middle of this, How in the world can this community of a million and six hundred thousand people turn it's back and look the other way when you have the President of the United States and God knows how many Presidents of how many corporations and important people coming from every where, from South America to Africa to Western Europe to Japan, coming to this major event and we act almost as if it didn't exist. You know, the Chamber of Commerce is going to greet people on their way coming through Miami. Well, what makes the Chamber of Commerce so sure they are coming though Miami, you know. Haven't they heard about New York and other places of entry? The people may not be coming through Miami and I'm not saying that, you know, that... it's just a sad commentary to me on the question of economic development, that we are very good in this town about complaining, but when it comes time to do things and get things done, we are awfully good about not getting it done. Now, I know that Roy Kenzie, has done something and the City of Miami is doing something and I know that the Chamber of Commerce is also cooperating, but you know, Roy had to... and you and all of you had to really spend a lot of time putting it together and I just think it's unbelievable. And then we sit around and complain and we have yearly gatherings at Boca Raton about... and then what Miami Herald reports on is all the negative stuff or what everybody said that was bad you know, about the terrible image of Miami and then we worry about why we have a bad image. Mr. Fosmoen: Maybe it's just the point of information for the other Commissioners. I know that you know what DDA and the City is doing, but we are jointly sponsoring with the County, DDA, our Office of Trade and Commerce Development a villa at your Disney World and there are about 26 of them-- 20 of them available. We are putting together a major presentation for that International Chamber of Commerce meeting and DDA is taking the lead. That's one of the things that we are doing Mr, Mayor. The Chamber as you know, is... Mayor Ferre: Yes, that's super Dick, but you know, when is that going to happen? October what? Pr September what? What's the date? Mr, Fosmoen: It's coming up the first week in October, Mayor Ferre: Alright, now, you know, here we are in our September meeting on the 14th, you know, It seems to we that you know, some times Rose Gordon is a little bit tough, but when she wants to put on the charm, she can just charm anybody to death and you've got people here who are super salesman, Theodore Gibson, Manolo Reboso, Plummer, How can we have something,,, Rev, Gibsons What about the Mayor? Mayor Ferre: Well, and the Mayor, too, How are we going to have something 39 SEP 141978 lke this before the City is inVolVed in it? have you been toad about it? DO you know anything about it? No, come on. Now, talking about economic development, I think that you know, charity begins a home or God helps those who helps themselves and if we are doing this shouldn't we be involved in it and shouldn't there be communication here and shouldn't we have the... and that's a three... we are going to have a pavillion, we are going to have a pavillion, not a house or whatever they call it, at Buena Vista Lake for three days. Now, I can't be there for three days... and to me frankly, its a sacrifice. I don't want to go back to Disney World, but I will go up there for one day, but I think each of us should be involved. Now, in_trying to be there to greet or present the best face possible for the City of Miami,.. Mr. Grassie: Would that be possible, Mr. Mayor? Mayor Ferre: Of course, it's possible, but you got to ask, if you want tne: to dance, you got to ask me, you know. Mr. Grassie: Well, we want to ask you. Mayor Ferre: Well, ok and the answer is "yes", Mr. Grassie: Alright, if you would have the time and if that you would consider doing, we would be delighted. Mayor Ferre: Yes. Mrs. Gordon: What are the dates? What is the time on that? Mr. Fosmoen: I believe Commissioner, it's the 2nd, 3rd and the I will get you the specific dates this afternoon. 4th of October. Mayor Ferre: Well, as I understand it, we are going to have a house or what have you and... Mr. Fosmoen: Yes. Mayor Ferre: ... I assume that, that's all been properly.., you know and figured up and we will have literature information. Let's not have a follow me to Miami speech. I mean, I hope we have some brochures and things that are meaningful. Well, ok, anything else? t.. 14. APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR OLDEN JAMES, DEPT. OF SOLID WASTE. Mayor Ferre: 27, approving a one year extension of the employment of Olden James. Mr. Plummer: Mr. Mayor, I don't know Mr drop on this thing, I sure hope that Mr. working because of problems not incurred saddled with a job that is for a younger what I'm saying? Mayor Ferre: Yes, you don't want to . James, but if you read the back James at 70 years of age who is by himself, is surely not being man. I hope this man is... you know Mr. Plummer: I don't think this man should be required to be a toter. He is 70 years of age and he is working because he didn't have the availability of a pension when he was younger and that's the only reason he is working, I want to approve it, but I would sure hate to come back and be told that this man is being put to great physical labor at 70 years of age. Now, I'm not dictating policy, but,,, Mayor Ferre: He is probably stronger than you are, Mt, t'lummert ..i you know,,, that's not hard to do. I teed that hetno4 the backup memo and I just want to tell you that a man of 70 years of age, I admire him, but I think the real reason and the underlined thing is, is he has got to work to eat and he wants to that rather than looking for hand outs and I just hope that we handle this situation in the contrast. Mayor Ferre: Mr. Manager, would you ask somebody to look into that and make sure that, that's... Mr. Grassie: We can do it specifically, but I can tell you that the department is very sensitive with that sort of thing. There is a lot of people that,.. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Plummer moves: Gibson seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved` its adoption: RESOLUTION NO, 78-549 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 YEARS FOR OLDEN JAMES, WASTE COLLECTOR, DEPARTMENT OF SOLID WASTE DEPARTMENT EFFECTIVE JULY 3, 1978 THROUGH JULY 2, 1979 WITH PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, OLDEN JAMES, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (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, and Mayor Ferre. NOES; None. ABSENT: Vice -Mayor Reboso. 15. AUTHORIZE CONTRACT WITH MCDONNELL DOUGLAS AUTOMATION COMPANY TO IMPLEMENT WORKMEN'S COMPENSATION AND LIABILITY SYSTEM, ALLOCATE $30,000 FROM INSURANCE FUND. Mayor Ferre: On item 28, authorizing the Manager to enter into a one-year contract with McDonnell Douglas Automation Company to implement a Workmen's Compensation and Liability System and allocating the sum of $30,000 for the Insurance Fund. Mr. Plummer: I want to know if I spend this money, how it's going to save me money. Mr. Gunderson, I assume you are the one to speak to it. Mr. Grassie: Yes, he could describe the system for you, Commissioner. Mr. Gunderson: Honorable Members of the Commission, the system at the present time that we have is what we call the seat of the pants approach. As the reports that are reflected in conjunction with the contract with McDonnell Douglas, this will provide us with the ability to be able to identify accidents and injuries by location, by age, by type, by sex, by cause, all of these things at the present time are not available to us because our manual-- needs in order to provide such a system would require a clerical course of two or three additional people just to handle the sorting of this kind of thing. As a result, we do not at the present have this kind of information available to us. We have a need to develop a safety program, a safety coordinator is already aboard. The information that he has is zero because it's all on the files and we can't get it off unless we result to having some clerical people in order to make these kinds of sorts on those kinds of basis. So, the real savings here come from the offset against clerical courses that we would need and also 41 SEP 141978 provides us the information upon which We Can Love in the fututdi '. Mrs Plummer: But that sounds like garbage in, garbage out, Mr. Gunderson: Well, it is if you don't use it. At the present tune we have do way of using it because it's not available to us. Mt. Plummer: But I don't see where it's necessary, I really don't. I would rather take the $30,000 and teach defensive driving. I mean, you know? to me truthfully, from what I'm looking at and if I'm wrong, please correct, But to me you are looking to history, I don't want to hear history, I want the money to be spent in preventing these accidents in the future. Mr. Gunderson: What we do though see, is if we don't learn by history we will be doomed to repeat it and unfortunately we don't know what the history is, so we are continually repeating it. That's our problem. Mr. Plummer: Yes, but you know? I'm going to tell you, to me you are way off base, you really are, you know. When I know of a system that exist. for example, within the Police Department, they have an accident review board. They are the only department in this City that have such. Yet we find that the State Law provides that any accident under a hundred dollars you don't even have to report unless there is an injury. But, yet we take all of this time to go through this process in the Police Department of an accident review board if it's a ten dollar damage. Now, to me that is a total waste of money, Mr, Gunderson: But we have a.,. you are presently spending close to $3,000.000 annually for your Workmen's Compensation Program. $3,000,000. We,.. Mr. Plummer: But there is reasons for that. Mr. Gunderson: I'm sure there are. Mr. Grassie: And most of them are not very good, Mr. Plummer: I agree. Mr, Gunderson: And the problem is, is we do not have a reporting system that gives us a handle on that kind of an operation and that kind of cost involved, As a result we are in a hard pressed situation of trying to improve it. Until we know what it's doing, we are not going to be able to provide the improvements. Mr. Plummer: I think it's a waste of money. Mr. Mayor, I want to defer 29, I want to know more about it. I really do. Now, somebody has got to set me down and show me where it's money well spent, because I don't see it. Mayor Ferre: Plummer moves that item #28 be deferred, Mr, Plummer: 29. Mayor Ferre: No, we are on 28, Mr, Plummer: I'm sorry, 28 is correct. Mayor Ferre: Until the next meeting? Mr. Plummer: Yes, as long as somebody will get with me of the department and tell me exactly where,.. Mayor Ferre: Alright, until the next meeting and Gordon seconds, further discussion, call the roll, tHti.UPoN THE FOREGOING MOTION TO DEFER ITtM No. 28 t6 the neict commission meeting was introduced by Commissioner Plummer, and seconded by Commissioner Gordon, and was passed and adopted by unanimous vote, 4 16. AUTHORIZE CITY MANAGER TO ENTER INTO LEASE AGREEMENT WITH DADE HERITAGE TRUST INC. & AGREEMENT FOR THE RELOCATION, ANCH0 U NG & REPAIR OF WAGNER HOMESTEAD PROPERTY, ALLOCATE $40,000 FROM 3RD YEAR COMMUNITY DEVELOPMENT FUNDS. • Mayor Ferre: Item 29, is authorizing the Manager to enter into a lease agreement between the City and Dade Heritage Trust and an agreement for the relocation, anchoring and repair of Wagner Homestead property, allocating $40,000 from the 3rd Year Community Development Funds. Dena? Ms. Spillman: What we are asking you today really are two things. Number one, is to allow Dade Heritage Trust who currently owns the Wagner Homestead which is the oldest house in Dade County to relocate it into Lummus Park and to lease a very small site in Lummus Park from the City for a dollar a year. Mayo, Ferre: Well, where exactly because we have several old houses there already? I mean, I don't want to be derogatory about this. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Ms. Spillman: This is Fort Dallas, which is currently there and what was... Mayor Ferre: That's a pretty old building. Ms. Spillman: Yes, it's another historic structure and we are suggesting that the Wagner Homestead be placed here and it becomes generally a historic site. We want to add seven parking places and here is the existing recreation pavillion. Mayor Ferre: I have an idea for you Dena. We are going to be faced, I think very soon with another one of these with Ray Butler, ok, you know what I'm talking about. We are going to need that property probably for our Convention Conference Center and that's going to be required and we are going to have to find a location for that. I really think... and I'm not trying to say that we ought to create a Williamburg out of Lummus Park, but since that trend is... since we are going that way it may not be a bad idea to kind of plan it and study just to how exactly we approach it. Mr. Plummer: So, what are you suggesting, we defer this? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I'm saying that we ought to approve it, but I also am saying that we should be planning ahead because we are going to have these problems every so often of some-- of the Dade Heritage Trust or somebody, some building, some property that we want to save which is the oldest building in Miami and what have you. And instead of doing it helter skelter, we might make a very attractive place and I'm not saying that it be... Mrs. Gordon: It could become an historical village. Mayor Ferre: Yes, I'm saying that all of the sudden that we try to compete with Williamsburg, but I'm saying that, why not, why shouldn't we put together these older historic buildings that we want to save and have a place in Miami where they are all together? And why not there where the... What was the name of that fort? Ms. Spillman: Fort Dallas Barracks. SEP14:1978 • ■ ■ Myer Vette : Port Dallas Eartacks, ok t That / e all, Mrs. Gordon: Itt other words what you are asking for Maurice, Mayor Ferre: Right, Ls A tatter p1Ah, f Mrs. Gordon: .,. that would provide for additional structures to be placed there and I think that's a good idea, That's the proper way to do it, Mr, Plummer: That's beyond item 29. Mrs, Gordon: Yes. Mayor Ferre: Do you want to call the-- run the meeting? Mr. Plummer: I'll move 29. Mrs. Gordon: Second. Mr. Reboso: Ok, we have the motion and a second, Commissioner Cordon sec -midst any further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, taho moved its adoption: RESOLUTION NO, 78-550 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE HERITAGE TRUST INCORPORATED: FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH DADE HERITAGE TRUST INCORPORATED FOR THE RELOCATION, ANCHORING AND REPAIR OF THE WAGNER HOMESTEAD PROPERTY TO THE LITMUS PARK SITE AND ALLOCATING $40,000 FROM THIRD YEAR COMMUNITY DEVELOPMENT FUNDS FOR THIS ACTIVITY. (Here follows body of resolution? omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr, Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre SEP 1-y1978 17. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM & SENIOR AIDES PROGRAM OF DADE COUNTY. Mr. Plummer: Iimove 30, with pleasure. Mrs. Gordon: Second. Mr, Reboso: Ok, item 30 has been moved and seconded, any further discussion, call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-551 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY FOR THE COORDINATION OF SERVICES SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT; WITH FUNDS THEREFOR ALLOCATED THROUGH THE FIRE DEPARTMENT'S GENERAL BUDGET AND THE FIRE FIGHTERS BOND FUND, NOT TO EXCEED $50,000. (Here Follows body of resolution, omitted here and in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, and Vice -Mayor Reboso NOES: None. ABSENT: Mayor Ferre 18. AUTHORIZE CITY MANAGER TO PURCHASE HIGHLAND PARK ELEMENTARY SCHOOL PROPERTY AT A PRICE OF $100,000; ALLOCATE $40,000 FROM 4TH YEAR COMMUNITY DEVELOPMENT FUNDS FOR DEMOLITION & REMOVAL OF EXISTING BUILDINGS. Mr. Reboso: Mr. Plummer: Mr. Reboso: Mr. Grassie: not they are know. Mr. Plummer: Rev. Gibson: 31. Does the School Board own us any money? Yes,... I would have to check the record Connissioner to see whether or current with the School Resource Office Program. I just don't Well, you know,... Oh, no they owe us the money. Mr. Plummer: Well, that's the point I'm trying to them very hard pressed Mr. Grassie,... SEP 14.1978 i 11 When we turned our Water System over to Dade County at no cost 11 WhichBaas approximated at about $400,000,000 investment and it was the strong IIselling point was that well look it's taxpayers money so don't charge the County anything for the Water & Sewer Authority just give it to them because MI MI they're going to put it to good use. Now, you know, the same dollars that we IIoperate on come from the same people that the School Board operate on. And, IISecondly, the School Board, I think owes us some dollars. And, the School Board is going to be coming back here knocking on our door I'm sure when we get down to the budget crunch for After School and Community School and all of that il and, I just find it very, very difficult to digest that we got to pay them dollars when they owe us dollars that sounds like Metropolitan Dade County thank . you we owe you. Well, we can't afford that no more. We couldn't afford it in II the beginning but now there's no way we can afford it. I think a little bit NM more discussion needs to be done on this to convince the County that it's no m more than what we did for the Water & Sewer, that this is a matter of a transfer 11 from one public agency to another to serve the same public that paid that bill. II s Mrs. Gordon: My question also is as to the established price, was that established by 'ay of an appraisal? Mr. Fosmoen: Yes, ma'am. Mrs. Gordon: ;lore than one appraisal was obtained? Mr. Fosmoen: Yes, ma'am. Let me give you just a little background on this issue. I appreciate what you're saying Commissioner. The Board of Education declared this property a surplus. They took appraisals or they asked for appraisals and they put the property on the open market. They had $100,000 bid on the piece of property. Now, the bidder, who's proposing to construct a paint store on this site. The property is directly across the street from the Highland Park Rapid TranFit Site. Our concern and we're very intensively involved in doing redevelop- ment planning around those transit sites. Our concern was that the Board not sell that property to a private developer until adequate development controls have been put together so that he doesn't mess up what is a key parcel property with respect tr joint development, rapid transit development in that entire community. It's a key piece of property. We could end up if they simply transferred to a private developer now with a real piece of junk and lose major opportunities for re-devclopment around that site. Now, my point is that we don't have in the short run really any control over what the Board of Education does but we feel it's necessary ... Mr. Plummer: Yes, we do. Oh, no, no, wait a minute, whoa! That's where you're dropping the ball. Mr. Fosmoen: ... that they be... we can rezone the property. W. Plummer: They owe us money... if they owe us money I Mr. Fosmoen: Commissioner, we can't prevent them... Mayor Ferre: We want to buy they don't want to sell it., Mr. Fosmoen: We want to buy it. Rev. Gibson: But isn't it true , Mr. Fosmoen, you know, I hear this kind of thing and it bothers me ever since I've been on the Commission, whenever we want something we go pay through the nose. Now, ... two things bothers me. ... Mr. Plummer: Are you buying or selling? W. Plummer: ... Number one, if they owe us and I remember that ion and something you remember Dr. Sheppard and those coming here, and they owed us? I think we ought to say to them, okay, fine, we want to buy but we want you to pax us. 46 Mt. Fosmoen: Commiss.ionet, out objective is to keep the property in pubic ownerships If we make them that offer they can s4inply turn atound and sell it to a private individual. They can continue to owe us some money,, They can say thank you very much ... Rev. Gibson: But Mr. Fosmoen, let me tell you what you're not hearing: That isn't going to happen man; You mean to tell the that the School Board is going to do that to us and owes us? Mr. Fosmoen: Yes. Yes., sir. Rev. Gibson: I'll tell you what, okay, Mr. Mayor; I want you to hear this. You remember when that woman came here asking us about the Edison High School? Mayor Ferre: Oh, yes! Rev. Gibson: You know, this staff just amazes me. We need to operate from a position of strength and stop being a bunch of weaklings! Mr. Plummer: No, we don't need to operate from a position of strength we need,. to operate from a spirit of cooperation. Rev. Gibson: Right! Or something, man, this is ridiculous! Mrs. Gordon: I need to get some more information. Rev. Gibson: Man, ... Mr. Plummer: I don't need anymore cooperation. I think that the Mayor; ought go down to the School Board and remind them of a little history. Rev. Gibson: Right. Mr. Plummer: Now, you know in all fairness. You know that's the old story you're buying or you're selling. Mr. Fosmoen: The price we offered was exactly the price that was offered privately. Mr. Plummer: Dick, do you recall when we talked about the police station? There was a resolution put on top of this table when it was up for possible sale to the public that that building not be done anything with until it was discounted first that no City use could exist. Second, that no public use could exist before it goes to a private developer. Now, you know, what are we talking about a little adverse publicity I guess is what we're talking about, and I have to tell you I don't think that the School Board would want to be painted into a picture that they chose to go to private development and deprive the people of Culmer the right to have an administration building in that neighborhood. Now, I'm going to tell you I'm tired of thanks we owe you. We can no longer afford to be their cousins and I'll tell you I'm not ready to approve it until we've at least made a stab at it. Let's see how good or how bad guys they are. Because they're going to be coming around next month, I'm sure. I make a motion that the Mayor be empowered to appear before the School Board and plead our poverty case and try to make them a little understanding that we both serve the public and that this facility that is in question is for the public good. Mayor Ferre: Alright, I'd be happy to do that. Mr. Manager, do you have any other things you want to add to this? Mr. Grassie: No, we'd be delighted if that can be achieved, Mayor Ferre: Well, we don't know whether ... Mr. Plummer: You don't know if you don't try. Mayor Ferre: Well, we don't know until we try. Alright, so I guess item 31 is that the City of Miami Commission taking an attitude of reminding the School Board of previous history in our relationship in our generosity in the past and how this is a matter of public service to the community... Mr. Plummer: The same dollars supports them support us. Mayor Ferre: And, I'll be happy to represent the Commission in that occasion, And, I'll ask the Manager, in fact I'll invite any of you that want to come with 47 f he to go down at that time. Ca11 the toll on 31., Mr. Grassie.: Just as. a point of information Mr., Mayon indicated to you that I didn't know whether the School Board has. paid., We.iye.just checked the record. They have paid $175,00n for this year for the School Resource Officer Program. Mr. Plummer: That's fine. Now, answer the question, do they owe us any money that's this year? What about past years? Mayor Ferre: Yes,, they owe us some money. Mr, Plummer: You're damn right they do. Rev, Gibson: Sure. (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD)' Mr. Plummer: Yes, we negotiated it out► Wetook. the. zilch.,' Mayor Ferre: N.,W. 7th have you got a .... let me get the map.. Mr. Plummer: What 7th Avenue? It's right on the. corner Maurice. Mayor Ferre: It's right on the corner Maurice. Mr. Plummer: Directly across the street from all of thenew projects of the townhouses. The school is a disgrace as it stands there today. It looks like a ghost town. Mayor Ferre: What would the City do with that park. itself? That's where Rapid Transit is going isn't it? Mr. Plummer: Across the street. Mr. Fosmoen: I have a map Commissioner.... Mayor Ferre: No, it's in our packet. We have the map in our packet. The question to you is what are we going to do with that plot? Mr. Fosmoen: We would hold that property and my recommendation would be that at some point we assemble other properties and sell it as a redevelopment parcel. Mayor Ferre: Yes, okay. Alright, well, let's go talkto the School Board and then you could always put it back on the agenda. Mrs. Gordon: What's the motion then? Mr. Ongie: We haven't voted yet Mr. Mayor. Mayor Ferre: The motion has already been made is that we state our position to the School Board and go down there an represent our position and I will advise you when I can go down there so you can join me. If the Manager will take ... the staff would have... yes, and just get us on the agenda and let my office know. on that. Mr. Plummer: And I think also it behooves the staff to prepare the material of history ... Mayor Ferre: Yes. Mr. Plummer; ... for the Mayor's presentation. Mayor Ferre; Okay. Rev. Gibson; And, maybe Mr. Mayor, we ought to instruct the Manager to notify the School Board that we're interested so that they will not sell. Mayor Ferre; Right. Okay. Mr. Grassie; We have done that Commissioner. Mayor Ferre; Call the roll, please. 48 VIIMINIIIIII111111111111 I III II IIIIII■III IuII IIIII 1111 I Ili II 1 ON ROLL CALL *Mt. Plummer; We11, the. Motion is to defer 31►, Mayor Ferre: No, the motion goes beyond that., it goeSr.s Mr, Plummer: Well, first it's to defer 31, and then... Mayor Ferre: And states a policy and... Mr, Plummer: I vote yes. The following motion was introduced by Commissionet'Mutter , tho its adoption. MOTION NO. 78-552 A MOTION DEFERRING CONSIDERATION OF AUTHORIZATION TO THE CITY MANAGER FOR THE PURCHASE OF HIGHLAND PARK FT,F,MFNTARV Cr14n01, PRf1PFPTV ITNTTT, AU APPEARANCE BY THE MAYOR AND OTHER MEMBERS OF THE CITY COMMISSION IS ARRANGED FOR TO APPEAR BEFORE THE DADE COUNTY SCHOOL BOARD TO DISCUSS THE USE OF THE AFORESAID PROPERTY FOR THE PUBLIC GOOD. Upon being seconded by Vice Mayor Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 19. CLAIM SETTLEMENT - LORENZO COLLI AND DIANA COLLI Mayor Ferre: Item 32, authorizing the Director of Finance to pay Lorenzo Colli and Diana Colli $10,000. City Attorney recommends. Mr.Plummer: Move it. Mayor Ferre: Plummer moves. Rev. Gibson: Second. Mayor Ferre: Gibson seconds 32. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption. RESOLUTION NO. 78-553 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LORENZO COLLI AND DIANA COLLI, HIS WIFE, THE SUM OF $10,000.00 UNDER THE TERMS AND CONDITIONS AGREED UPON IN FULL AND COMPLETE SATISFACTION AS TO THE CITY OF MIAMI, FLORIDA, AND MIAMI POLICE OFFICER LAURA MAY, FOR ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, LOSS OF SERVICES, ACTIONS AND CAUSES OF ACTIONS, ARISING FROM ANY ACT OR OCCURENCE UP TO THE PRESENT TIME, AND PARTICULARLY ON ACCOUNT OF ALL PERSONAL INJURY, DISABILITY, LOSS OR DAMAGES WHICH OCCURRED AS CONSEQUENCE OF AN AUTOMOBILE ACCIDENT WHICH OCCURRED ON OR ABOUT AUGUST 13, 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 49 SEP I41978 Upon being seconded by Commissioner (Rev.) Gibson; the testilUtibfi iaaaed and adopted by the. following vote.: ASS; Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 20. CLAIM SETTLEMENT - SALOMON CASTILLO & ISABEL CASTILLO Mayor Ferre: Item 33 authorizes the Director of Finance to pay Salomon Castillo and Isabel Castillo $6,000, City Attorney recommends. Rev. Gibson: Move. Mayor Ferre: Moved by Gibson. Seconded by Plummer. Further discussion. Call the roll. The following resolution was introduced by Commiss.ioner(Rev.) Gibson, who moved its adoption. RESOLUTION NO. 78-554 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SALOMON CASTILLO AND ISABEL CASTILLO, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $6,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OF USE, AND PROPERTY DAMAGE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre SEP i 41978 Alb 4. 21. RATIFY -ACTION OF CITY MANAGER IN ACCEPTING BID & AUTHORIZING THE PURCHASE OF SEVEN AUTOMOBILES FOR DEPT. OF POLICE JUVENILE OFFENDER DIVERSIONARY PROJ Mayor Ferre: Item 34 authorizes the Manager to purchase seven automobiles from the Northside Motors for $34,923 for the Police Juvenile Offender Diversionary Project. Rose Gordon moves that and Plummer seconds it. Further discussion. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption. RESOLUTION NO. 78-555 A RESOLUTION CONFIRMING AND RATIFYING THE ACTIONS OF THE CITY MANAGER IN ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF SEVEN AUTOMOBILES FROM NORTHSIDE MOTORS, INC. IN THE AMOUNT OF $34,923.00, TO BE USED BY THE DEPARTMENT OF POLICE JUVENILE OFFENDER DIVERSIONARY PROJECT, WITH FUNDS THEREFORE EXPENDED FROM LEAA GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. • 22. PROPOSED BID ACCEPTANCE - ANDY FRAIN OF FLORIDA, FOR SECURITY PERSONNEL AT THE ORANGE BOWL -DEFERRED Mayor Ferre: Item 35 accepts the bid of Andy Frain of Florida,Inc. for furnishing security personnel at the rate of $7.50 per hour for the Orange Bowl and authorizing the City Manager to enter into an agreement between the City of Miami and Andy Frain of Florida, Inc. City Manager recommends. Mr. Manager? Mr. Grassie: This is proposed so that the City can fulfill its obligations in providing security forces for the Orange Bowl Mr. Mayor and members of the City Commission and we recommend it for your approval. It gives the Department Director the latitude to determine how many of these people he would need at one performance. Mayor Ferre: Since Don March is standing at the microphone why don't you save us some time and... I'm going to recognize you in a moment Don but why don't you address yourself as to how you approach this vis-a-vis the City of Miami Police Department and why it couldn't be worked out with off -duty policeman. Mr. Grassie: Well, if you would like for me to review the whole history... Mayor Ferre: No, not the whole, just give us the conclusion. Mr. Grassie: The conclusion simply is this, the department, Mr. Jennings and representatives of the police union had some extensive discussions a basis on which we would be able to use police officers for the Orange Bowl game. What we attempted to do was to arrive at a $10.00 per hour figure, flat fee to pay for police services because frankly our preference was to have our own police department personnel at the games. Those negotiations at one point appeared to be an agreement reached between the police representatives and the department. When that question 54. SEP 141978 was taken back to the membership of the F.O.P. our understanding is that an additional clause not negotiated with the. department was_inserted into the question and that clause stated that if at any time beer were. served in the. Orange Bowl that then the whole question of the $10.00 fee would be renegotiated that of course, was a surprise to the department and basically at that point although, there were many meetings after that the agreement broke down.. Now, the Police Chief has been involved in this. The Department has been involved. Representatives of the Police Officers have been involved.. It'.s really gone on for weeks. At this point, we don't see any modification of the position of the F.O.P. and basically what we're resigned to is the fact that we're going to have to use some private security people. Very briefly, that is if the. department is in a position (the Police Department) is in a position to make this kind of an agreement work between the Police Officers that they would provide and the security people that would be secured for this kind of an agreement and it's not where we want it to end up but it's a very workable kind of an arangement.. - Mayor Ferre: March? Lt. March: Mr. Mayor, thank you. Thank you for the opportunity to speak. I'm Don March, President of Walter Headly, Jr. Miami Lodge #20., Fraternal Order of Police, representing approximately 700 Miami Police Officers., I have before me a rather large file. In fact, this is the largest one that I think I've had to carry in some 19 months of representing Miami Police Officers. It represents, a lot of work on my part and a lot of time spent and I know your time is valuable and I can't go through this entire process but I would like to outline some of the highlights. In the deterioration of the (if you can call them negotiations), the negotiations we had with the City it was an opportunity for the press to get ived. They asked them questions and I'm not so sure that the issue was fair enoegh for them because I was somewhat disturbed a little by the coverage. Time and time again when public employees get involved in anything with government lat"ly it has a tendency to boil down to a pay issue, a dollar issue and we get preceived as someone who's seeking more money. Now, I'm disturbed as a general c.rend I see it around the country. I see breakdowns and discussions with public employees around the country that are not always for that reason. Memphis there was a lot more to that than just a pay issue but that was what's left in the minds of all those who read the press. Miami Police Officers were paid at the rate of time and a half to work the Orange Bowl since 1975. I have here memo's that showtd how this thing developed. I have some interesting comments . I will pour some of them out for you. November 19th, a memo from Mr. Jennings, it says, I will call for your attention the fact that in the vast majority of cases in the National Foothill League teams pay the security forces and not (and not was underlined) stadium. I would hope that was when the Dolphins contract is renegotiated in 1975 and 1976 we will consider shifting this expense to them. I have with me the agreement with the Dolphins., it was dated 8 June 1977 in which that request and that indication by Mr. Jennings was not -tarried forth.The burden and cost of the expense of security is not borne by the team . In discussing this I als.o have a memo here where Wackenhut... after we were paid time and a half for a period of time it was there was a fair labor standard acts provision,there wasconcern about paying Police Sergeants time and a half additional money or whatever they cut back the work force. A memo from Jennings dated September 10, 1975 we uill apparently have about a 50% increase in our police event payroll cost and the only immediate recourse that I can see is to offset it as much as possible by reduction of numbers. I recognize that there are certain risks inherent in that approach perhaps by next season an entirely new approach to provision or payment of security personnel can be developed. The new approach that was, developed from the contract;on the day of each scheduled game the City shall provide properly qualified security forces as determined by the City's Police Department in addition to the security personnel provided under paragraphs and it cites a couple of paragraphs, properly authorizes and qualified traffic control personnel. It says that it's determined by the City Police Department. Mr. Jennings sent a letter in January of 78 to Wackenhut inviting them to renew their contract, exercise their second year option to provide security service to the Orange Bowl. Wackenhut replied dated January 12, 1978 says no, unless the rate goes up. There was a return letter dated January 26th, it says that due to fact that there was a bid procedure involved,there are other bidders, it would be unfair to unilaterally go to one bidder and increase the price... of all the things that I've seen this to me is the one thing that I do agree with. I think that that letter was sent was in the best interest to the community. Now, four months transpired, this was dated January 26th, four months transpired in May, May 24th I was invited to attend the meeting Chief Doherty's Office with Mr. Jennings and Mr. Roach and also present were a couple of other command level police officers from the department, From May 24th to June 28th, we involved... now that's a period of one month, we involved ourselves in a series of discussions as to what to do about the security problem. In the initial meeting the indication was that 52 Mt. Jennings preferted to use Miami Police Officers in the stadium to provide security rather than to useless qualified privatesecurity individuals. He also indicated however, that there was inability to pay, that they could not afford to staff the stadium with off -duty Miami Police Officers and pay them at the rate of time and a half which they were at that time receiving, This is something that was unfortunately lost on some members of the press. Miami Police Officers were receiving time and a half. What they did was say would you reconsider taking a pay cut? And, I said, you know, there's an awful lot of things going on here in this City and there's an awful lot of disturbed employees and to turn around and ask them to take this thing ontop of all these other things it's going to be a difficult situation. I says, what I'm going to have to do is to give them some compelling reasons for wanting to take this pay cut. The concern that Miami Police Officers have with private security individuals being involved providing security in the stadium was an officer safety consideration, a fan safety consideration, a team security and field security and a facility security consideration. How many times have you watched football on t.v. and how many times have you seen the field inundated with people rampaging? Just remember Reggie Jackson when he tried to run off the field after the world series and some of the things that we saw, how do you see that kind of thing? And, stadiums throughout the country? I think you see less of that activity in our stadium just about any place I've ever been personally, and I attribute that to the quality of Miami Police Officer that we've had for some- time here and the fact that they're in a position to handle these kind of situations,they're industrious and they're used to the close combat over there whatever that it takes in keeping somebody from running from the stadium onto the field. One of the things that I said would be important for us would be a guarantee as to the number of police officers that we would have in the stadium. This was not met warmly by members of the police administration because they didn't want us... there was resistence on the part of some to the organization in anyway mandating the number of police officers with staff and Orange Bowl. Another thing that I felt that was important would be a guarantee of the minimum number of hours that officers would be compensated for. It's not an uncommon thing to ask for, and that was not met with much resistence because in the past before we went to time and a half Miami Police Officers were guaranteed payment for a minimum number of hours regardless of how many hours they worked. In conjunction with that there was a provision that the off -duty pay rate for Miami. Police Officers would go up when they worked off -duty jobs in the community. I scheduled hearings. I listen to the people and there was a lot of resistence because the City initially would not agree to the minimum number of police officers who work the ball game. I originally scheduled a vote but it was quite apparent that the thing was not going to pass. There was a very vocal opposition that also a perception on my part of opposition in strong numbers I went back and I said look, no sense in talking about it unless you're going to give consideration to minimum staffing levels. With that in mind Mr. Jennings and Mr. Roach, and I think in conjunction with the Police Department assessed the usuage of Miami Police Officers and security personnel in the past came up with some kind of relationship between attendance and projected attendanceand number of police officers that would be needed and did in fact furnish me with a series of minimum staffing levels. I looked at them and I said you know, that's not as many police officers as we had in the past but it's a lot more than we have right now. I felt it would be better to increase the number of police officers in the stadium rather than have security guards, and quite frankly they're not as prone to get involved in situations that are in the best interest of security because of the danger involved we're just accustomed to that it's a matter of routine for us. I recommended '.:he membership. I said it's the first step, it's an important step we'll go ahead and live with it. We talked a little bit about it and I changed the staffing level somewhat. Throughout this thing there was an under- standing that if we did not reach agreement, this was from the very first day I said if we do not reach agreement then conditions are as is. There was also an indication on my part I said look, in the event that we don't reach agreement you make sure that you've got this private security thing off the ground. You make sure that you've got your feelers out, and the preception on my part was that the City understood both those points. I took my recommendation to the Executive Board we had a long discussion and I said ok, it's a pay cut there's going to more police officers, there's be more money accruing the Miami Police Officers we'll recommend it to the membership and see what they do, that's with the ability to pay the issue in mind. On Wednesday, prior to taking this recommendation to the regular membership at an assembled meeting published was a quote attrituded to Mr. Grassie estimating the revenues from the Sale of Beer in the Orange Bowl being the neighborhood of $250,000 to $300,000, subsequent to that at a later date, Mr. Plummer published a report estimating the potential even higher and we all are very familiar with this beer thing. I'm not trying to resurrect that I'm just trying to show you at what point things change. 53 • With a cleat indication on my part that the ability to pay issue tight hot be a valid issue. I then determined that it was important that I have some assurance that the ability to pay was in fact a realistic indication by the City to recommend to my membership in good faith that they consider a pay cut and set in motion research necessary to ascertain whether or not what they were saying was true. In the interim period I had a concern that we really didn't have a feel for how the men felt about the minimum staffing level, how the men felt about the wage rate itself, how the men felt about the off -duty pay issue and the Chief indicated that he wanted an indication as soon as possible on the off -duty pay issue so I said alright I'll run and vote because a lot of people were prepared to vote, but I'm going to use it in an advisory capacity only, however, I'll structure the ballot to (a)inform me as to their feelings on each issue, and it's a very complicated issue. At the same time I'd also structure that ballot with a change in it so that should the City turn around and say yes, we'll have the ability to pay once we start selling beer then the membership would go back to the time and half provision. They wouldn't had a chance to vote on it I could say in good conscience go ahead we'll do it on that basis. The membership quite significant numbers, quite significant percentage said we'll take a pay cut because you're going to put more police officers in the stadium, but when you start selling beer in that place the working conditions are going to generate to the extent that we think it's only that we be compensated at our old rate of time and a half and they accepted that. I communicated that to the City and the City said no we do no want to agree to that we do not want to be required to do that. My argument was say listen I said I've got preliminary figures and I showed them preliminary figures that the dollar amount was insignif- cant they rejected any attempt to further discuss the matter and then went about the business of seeking volunteers of a signed on -duty police officer ... Mayor Ferre: Don, excuse me... Lt. March: ... I'm going to wrap it up in ... Mayor Ferre: But I'm trying to see if we can cut through and get to the solution to it because I would like to really see if we can solve it and get I'd like to see the Police Department remain on the Orange Bowl and I'm sure I speak for everybody on this Commission. I appreciate the history. I don't mean to cut you off but I promised Rose we'd break up at noon we got two minutes left. . . • Lt. March: Can you give me those two? Mayor Ferre: Well, then, but we're not going to come to a conclusion then. Lt. March: Alright. I have an analysis that was done that indicates and it's even... it's going to be even a lesser figure but that if we were to go the the MEM reduced rate for police officers until such time as they began selling beer that # the overall security cost of the City by making that agreement would be an = increase of $7,000, okay, for the whole year. Now, $7,000, you know, I've seen an awful lot of money spent around here. Now, when you take into consideration ■ putting police officers in place of security guards, you talked about generating = in the neighborhood of $250,000 to $300,000 I'm really troubled that $7,000 is such a big item. MEM • Mayor Ferre: Don explain, please is the $7,000 ... Lt. March: For the whole year. Mayor Ferre: ... time and a half? Lt. March: If we go to time and a hand $7,000 is the net difference that the City would have when it comes to hiring security people at $7.50 an hour. Mayor Ferre: Does the Administration agree with those figures? Mr. Grassie: No, we certainly do not. They're not even close. Mayor Ferre: Well, what are your figures? Mr. Grassie; I haven't even seen their's. lit: Match: 1'11 give..,:.. people have seen the.figutes in the. City Administration, but I'll be glad to give anyone a copy of this,; I gave. one to a Herald Reporter who asked me about this. issue.. I indicated, look, I got the figures if anybody Hants to look at the figures they can. You can look at my whole file, anybody II can look at my file. I have no reluctance to show my paper work to anybody in ME this community. I never have that. You can see all the letters that I've written and everything that I've accomplished. Now, this figure is even going to be less because for the football game that's coming up the reassigning on one shift alone in the neighborhood of 15 officers which represents about 40% . I think of the work force that's scheduled to be out in the street in this community are going to be standing in that Orange Bowl providing security and M the citizens are paying for it. Now, if that's effective administration I have III some real problems with that, but that's what's going to happen and I don't think that the community wants to do that.. I don't think Mr. Jennings in his own mind, in his own heart wants to see that that happen and I can't hold him = responsible. I've enjoyed my conversations with Mr. Jennings. I haven't always agreed with them but I find him the kind of person that I could deal with III and I could discuss things with and there was any emotional thing, or never any friction thing and it looked like a legitimate attempt to resolve the problem. I questioned the ability to pay argument I think I questioned it rightfully. = t think the figures are going to be supported... If they're questioned and I'm wrong I'll stand right up here in front of anybody and say hey we were wrong, IIII'm not always right, but I think in this case that we are. I think that maybe there's a hidden agenda here, maybe there's an attempt to communicate something to the organized employee groups with regards to their ability to say anything and have any control over their destiny and I don't think that that's in the best interest to the community. When you talk about selling beer in an Orange Bowl and providing quality security. Mayor Ferre: Alright. Mr. Plummer: Mr. Mayor, I wish to interject in the interest of fairness there's two hours of the lunch break March get together with the Administration, go over the figures and come back at the end of the lunch break and let's see if in fact they agree and if they disagree how far they disagree. Lt. March: Who's going to call F.I.U. in case we don't? I'm being facetious... Mr. Plummer: Those days are gone. Mayor Ferre: Mr. Manager, would somebody on the staff be willing or able to do that? Mr. Grassie: Mr. Mayor, with significant input from the Police Chief we have been trying to work through this problem for about six weeks. Mayor Ferre: Well, if that's the case in two more hours won't hurt you will it? Mr. Grassie: Mr. Mayor, we can spend the two hours. The point that I want to make for you is that the Police Department and the City find themselves in a rather strange position of talking with their police officers and attempting to offer them an hourly rate of pay which is significantly more than those same officers accept from any gas station, any bank, or any grocery store for which they work. In other words, these same people are willing to work for anybody else Mayor. Ferre: Mr. Grassie... Mr. Grassie: ... May I finish my statement please? They're willing to work for anybody else for less. And, we have a basic conflict with them because they're not willing to work for the City for more than they work for anybody else... Mayor Ferre: Mr. Grassie... Mr. Grassie: ... in addition to which in the judgment of the department and the Police Chieftwe can properly staff that Orange Bowl in the way we propose to do it Mayor Ferre: Wonderful. Mr. Grassie: ... which is a combination of police officers and security,. Now, is you would like for us to spend somebody to spend two hours looking at their figures... Mayor Ferre: Yes. 55 S E P 1 / 1978 iiiiiiuuiiuiiii•i1 11111111 Mt Ctas,sie.: , t x this. can be done Mayot Ferre.: Now, let me. go over this as I understand it,, t think and I'tn nett speaking for eyeryhody in this, Commission but I'm sure I read the sense here that if we. can have. City of Miami policemen and women do this that we're very happy and we'd be happier, however, that does not mean that the City of Miami Commission is. going to put itself in the bargaining position of re -bargaining and re. -negotiating this with the union. I understand your reluctance and I think you're right. There has been a tendency in the history going back for years that this City Commission involves itself in negotiations but you've got to understand that this Commission is the policy setting board and there are points and there are times when there's a thin line between the administrative role and the policy setting role. Now, as a matter of policy this is my personal opinion, I would like to see the City Police Department be responsible for securing the Orange Bowl during the games.. Now, if on the other hand if they are unreasonable and they do not wish to do something on a reasonable basis and you come to that conclusion which you have,and Mr. March is here requesting that we give this one last try. I think that's a request that we have to honor. And, I think you have to approach it with good faith and I know you will;if in the next two hours we can't come to a conclusion on it then we'll have to see what the majority of this Commission will do. Mr. Grassie: My difficulty really is with the business of the two hours Mr. Mayor. I agree entirely with you on the policy issue. The point that I was trying to make was that we have had people working on this for six weeks at least. Now, the Police. Chief is on vacation. He was a principle participant in this process. Mr. Jennings isn't here and I don't whether I can even get him in the next two hours and we are back to the question of off the top of the head kind of judgments on an issue that has been analyzed by many people over many weeks. Now, that is really my reluctance. It's a question of doing it responsibly. It is not a question of doing it. So what I'm saying is that if you would like to analyze this question, have it looked at carefully from a policy point of view. We would delighted to present all of the issues, to you but we have to do it in an organized way when I'm sure that all of the participants are going to be present and I don't know that over the lunch hour ... Mayor Ferre; That's a valid point. Mr. Plummer: Mr. Grassie, I think the point that is being missed, very simply, yes you the Administration and you the Department and you the Union have spent six weeks... We, unfortunately ,, we the Commission have only been subjected to it through the media which we take in that text. Now, all I'm saying is that Mr. March has made a contention here today that I don't know and I'm sure you would that the difference is $7,50.0 or $7,000. When you were asked was that true, you said no, but when you were further asked how much, you said you didn't know. Now, if you've been involved in it for six weeks and we have not... Mr. Grassie: I have not personally, no. Mr.. Plummer: Alright, excuse me. You, we the people, alright, this high paid staff that you have, all I'm saying isif you can't answer that I sure can't and I think we the Commission who are asked to he make the decision are entitled to that information. Now, I think you have a perfectly legitimate objection if the two hours, is not sufficient then all of the rest of the afternoon and we'll make this the last item, but I think we the Commissioners who are asked to vote areentitled to know what the Administration says is the difference when you say that his is not right. Mr. Grassie; Commissioner, you see, the formulation of the question is what I have. the problem with. The question is not germaine to what is in front of you in my estimation.. What is on your agenda is the question of whether or not we should have an agreement with. Frain which permits. Jennings and the Department to use security personnel as they are needed. There is a further administrative question between the Police Department and Jennings as to how many police people Should be used and how many security people should be used. Mr Plummer; I understand that. Mr. Grassie; Now, the question that you're asking be resolved today is not a question on your agenda. It is not in my estimation a question which is even properly in front of you, you're not being asked to do anything about that. Now, if one the ether hand you would like to establish or consider if you want to take it as a policy question whether or not we have officers or security ii ii i i ■IIuIIuI111■ • m 1 • pzuple in the Orange Bowl. Now, if you want to make that something that you wait to have a policy about. What I'm saying is that we ate perfectly tilling to go through that whole process withyouu hut we have to be sure ttiat the people who have the information arein front of you. Mayor Ferre: Alright. Father Gibson. Mr. Grassie: And we can't do it in the middle of our agenda. It's question. Mayor Ferre: Father Gibson. Rev. Gibson: I know we don't have time but I think maybe we need not talk about the money, maybe we need to talk about the policy and philosophy. I find it hard to mix apples and oranges sometimes,even when the juice comesout either they don't taste the same, meaning a security officer doesn't carry the same responsibility as a policemen nor does he have the same authority nor is he considered in the same light, and maybe we need to deal with the policy rather than the price, because after all the safety of the people is there and you know we got to worry about it. Mr. Mayor, knowing Mrs. Gordon has to go I'd like for us to adjourn so she can make that wonderful speech she's going to make and then come back and I'll spend all night talking... t•ir. Grassie: Shall we put this on a future agenda for you? Mayor Ferre: I think that's probably going to be the only alternative. Mr. Grassie: In the meantime, we would like to have the ability to retain security people so that in fact we can do . Rev. Gibson: Well, now, that's where I differ. That's my concern about the philosophy and policy. I'd rather come after the lunch hour and deal with the philosophy. Mayor Ferre: See the question... Mr. Grassie: What I'm saying..., Mayor Ferre: Yes, I know what you're saying, you're saying you would like a positive vote on resolution 35 accepting the bid of Andy Frain of Florida so that in the interim you will be able to provide security. We understand and I guess what... ■ Mr. Grassie: We're going to provide security it's just... you know, because we have too. It's just a question of whether we can cover that with an agreement ur not and I would like to have them covered with an agreement... Mayor Ferre: Yes. • Mr. Grassie: But if we're going to talk about the philosophy question we have to do it at a time when you are sure that all of the participants are going to be here . Rev. Gibson: Okay, then let's make a motion Mr. Mayor that the Manager be instructed to provide security in the same manner as in the past. That's the motion. Mr. Plummer: That says nothing. R.:J. Gibson: ... It says a devil of a lot. In other words, you haven't had any, security officers in there before. M. Grassie; That's not true Commissioner. Mr. Plummer; ... we did, Rev. Gibson; Okay, I'll make the motion. I have no problem, a motion? Mr. Plummer: No, let me ask a question. (EVERYBODY TALKING AT THE SAME TIME). Mr, Plummer: May I ask a question, please? Mr, Qassie to ,t, r,'Mieike, refresh You want me to make fby mild that the present contract With P.O.P. is there a ptoifision for police work in the Orange Bowl? I can't find it. There was a cofitratt existing that did have it, was it the prior one? Mt, Grassie: I don't believe so, Lt. March: No, sir. Mr, Plummer: Neither one of them had that. Lt. March: There was a referral to a thing called event pay in our proposals the nearest that I contracted in the past, that I contracted to. Mr, Plummer: That spoke to the time and a half in the three City facility. Mr. Grassie: No, we never had that. Mr. Plummer: I'm sorry... Mayor Ferre: Well, my advice is that we take this up at 2:00 o'clock.. Lt. March: 2:00 o'clock, sir? Mayor Ferre: We'll be back at 2:00 o'clock. Now, Father and Rose and Manolo, we have to also deal with this Orange Bowl Beer problem, Mr. Plummer: Why? Mayor Ferre: Well... Rev. Gibson: T'll be here. Mayor Ferre: I think something that we're going to have to deal with later on this afternoon. (BACKGROUND COMMENT) Well, I mean, you know it's up in the air isn't it? It's ... we got to bring it to a head. (C0101ISSIO.z RECESS FROM 12:15 A.M. FOR LUNCH UNTIL 2:10 P.M. WENT BACK INTO SESSION). 23. RECEIVE SEALED t3IDS - COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT H-4408 (SECOND BIDDING) This being the date and time advertised for receiving sealed bids for H-4408 Coconut Grove Bus Area Highway Improvement (Second Ridding), the Mayor announced that the City Commission was now ready to receive sealed bids: The following motion was introduced by Commissioner (rev.) Gibson, who moved its adoption. MOTION NO. 78-556 A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT H-4408 (SECOND BIDDING). Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Rose Gordon Vice Mayor Manolo Reboso BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: D,M.P. Corporation , Garcia Allen Construction Co.,Inc., Marks Brothers Company (NOT INCORPORATED), Melrose Nursery Inc., Recio & Assoc „ Inc., and Tamiami Plant Systems, Inc. SEP:11978 COMMISSIONER GORDON ENTERED THE MEETING AT 2:33 P.M.. 24. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 1. Resolution expressing deepest condolences and sympathy to the family of Mr. William Phelps Simmons, Jr., who spent his life in sincere, dedicated service to his family, his community, his country and mankind in general. 2. Presentation of a Proclamation to Mr. Robert McDougal, Board of Trustee member, Ransom -Everglades School and the inauguration of the new headmaster, Mr. James B. Young in celebration of their Seventy-fifth Anniversary Sunday afternoon, September 24. 3. Presentation of a Proclamation to Mr. William Needs, Executive Director and Joseph Brown, President of Board of Directors, designating the week of September 16th through 22nd as "Big Brother -Big Sister Appreciation Week." 4. Proclamation honoring the sixth annual Hispanic Heritage Week Celebration from October 6 through the 15th. 5. Presentation of a Proclamation designating the week of September 11 through the 16th as Land Surveyors Week. Accepting the Proclamation will be Mr. Cristobal G. Mayo, President of the Confederation de Profesionales Cubanos en el Exilio, Mr. Jose Heredia, President Cuban Land Surveyors Association, Mr. William Harrison, and Mr. Fernando Gatell. 6. Personal Appearance by Mrs. Annette Eisenberg requesting City assistance for the Little River Commerce Association's Oktoberfest. 7. Presentation of a Proclamation to Mr. Mayer Finkel, Union Label Chairman, S.F., AFL-CIO, designating the week beginning September 4 as "Union Label Week." 8. Deferred - Personal appearance by members of the International Folk Festival to discuss plans for the 1979 festival. 9. Presentation of a Proclamation to Fire Investigator Instructors - Volunteer Group. SEPy41978 25. PERSONAL APPEARANCE OF MRS. ANNETTE EISENBERG RE: DIRECIYRANAGERCE TOASSOCIATION'S FUNDING NOTTOTOEEXCEED, DIRECTT CITY 1 � $5,000 AS CONTRIBUTION. Mayor Ferre: We're on the 2:30 agenda on item 1 6, which is personal appearance of Annette Eisenberg.We're thetwelllways being ofytheeased to communityaveWelletlecanskeepr�nhere a tireless worker going. Mr. Plummer: Is that a eulogy? Mrs. Eisenberg: Please continue it will be easier to get what I asking Mayor Ferre: You never had any problems that I noticed. Mrs. Eisenberg: I'm here for two reasons, number one to announce our 0ktoberfest, which Ms. Larson will pass onto you. Mayor Ferre: Is that related at all to beer in the Orange Bowl? Mrs. Eisenberg: No, it's beer in Little River. You keep your problems'w� don't need them. Mr. Plummer: How much concession rights do we get? Mrs. Eisenberg: Make me an offer. I'm not as hard to deal okay. Mr. Plummer: I don't know about that. Mrs. Eisenberg: I don't know about that. Alright, lady and gentlemen o{ the Commission I'm here today to announce Little River's Oktoberfest. As you know, Little River is in the redevelopment stage through Community Development and through City of Miami funding, I am here today Mr. Ferre, Mayor,... Mayor Ferre: I hear every word. Mrs. Eisenberg: Okay. I'm here today to ask for a mere $5,000 to help us promote our Oktoberfest. In reality with the kinds of money you people have been passing out to other festivals this is just a pittance . I have submitted a budget to show you how frugal we are and to tell you that Dade County, of course, has participated by funding our office in the amount of $73,000 none of which comes from the City of Miami and I show you here that we even made you a co-sponsor, see City of Miami. You got that for giving... Mrs. Gordon: That's positive thinking Annette. Mrs. Eisenberg: Sure. Well, I'll tell you Dr. Lizaso gave tus sg$170.us 00etowards entertainment and the City of Miami Parks Department Showmobile as long as we pay for labor of about $200.00 and so we thought we would make the City of Miami Co -Sponsors. In reality I know most of you know what is going on in Little River and the only way we can point this out to the rest of Dade County is to have these various festivals. We had a Spring Festival that was so very popular and successful that the AP picked it up and it went all over the country. I had a roommate in China from Memphis and she sent me an article about the Little River Spring Festival that appeared in thephis paper. We hope to have equal coverage, but we do need financial help this to make it truly a successful festival. Mayor Ferre: Well, Rose and I are against beer so I don't know how we can... Mrs. Eisenberg: Well, so we won't give you your cup of free beer when you Cut the ribbon. Mrs. Gordon: No, you can give us the root beer. Mrs, Eisenberg: It's a deal, 60 tE P 141978 inor mm • Mrs, Gordon; Okay, Mrs, Eisenberg: t donut drink. eithet4. Ott 4Aa thought that beer to make it a truly Oktoberfestk ?Mayor Ferre: Oktoberfest, Mrs, Eisenberg: Right. Mayor Ferre.; Good girl. Mrs. Eisenberg: Yes. Mayor Ferre: You just changed my mind. Mrs. Eisenberg: Are there any questions.? Mayor Ferre: Yes, the question is where do you propose that we get the $5,006 Mrs. Eisenberg: Well, the probably the same place you were able to pull s.ome of the other fanastic funding that you passed out these last years... Mayor Ferre: Annette, that's before we saw the... Mrs. Eisenberg: The budget.. Mayor Ferre: ... proposed budget. Mrs. Eisenberg: Well, Maurice, Little. River gets so very little.' Mayor Ferre: That is true. Mrs. Eisenberg: ... In fact, nothing, right: and this is a community that has. been self sufficient and in self help community, they're now asking for the help to exploit the area, show the investors what's. happened. We had a person come to our office last week from Denver thinking of putting up a 20 or 30 story building► that didn't happen overnight. It happened because Little River is out there. We are progressing,and now find the $5,00.0. Mayor Ferre: Alright. Rev. Gibson: Mr. Manager, couldn't you find that? Mrs. Eisenberg: Pardon me. Mayor Ferre: I think you're asking the right guy. Rev. Gibson: Not you. Mr. Manager? Mr. Plummer: Get out your checkbook ,Joe.. Rev. Gihs.on: And, we'll find that $5,000. Mrs. Gordon: How about in the budgeted items called, "festivals". Mr. Plummer: That wasdepleted in the first 24—hours it was created. Mr. Grassie; This is an event which takesplace in next year's. budget. Mayor Ferre: You mean next October. Mrs. Eisenberg: No, October. Mr. Grass.ie; In October, a month from now. Mayor Ferre: Ohs oh, this October. Mr. Grassier Yes, a little over a month from now, Rev. Gipson; If we said yes., would you be able to find it? Mays t Ferrel Annette.; low much. 1.s = the. County giving you? Mt:. Grassie.: The only way 1 can find it is to push something else oiit Mayor Ferre: How much is the County giving you? Mrs, Eisenberg: Well, Maurice, the County funds our office and from the $73,00.0_we have budgeted line items that we can use for the festival such. as some promotion money, of course, the staff gets paid from the County and many of the other things that we use, so it'll be much more than the $5,000.when you consider the staff time over a period of six months and all. Mr. Grassie: But, that's not funding for the festival, is it? That's for your other neighborhood developments... Mrs.. Eisenberg: Well, our funding is for the redevelopment or the promotion of the Little River area, it's not for any hardware? it's to use whatever comes within our line items and of course,staff time is one of that, Mayor Ferre: Let me ask you this, what's the total budget of the Oktob.erfest? Mrs. Eisenberg: Probably about $9,000 and that's not with all the in -kind that's coming in.. Mrs. Gordon: How many days are going to be in that? Mrs.. Eisenberg: One day but with a great deal of promotion for that one day.' Mayor Ferre: And, have you gone through staff or did you just come directly to this. Commission? Mrs.. Eisenberg; Well, you know, I'm going to have to plead ignorance because you change staff so many times. I don't even know who Cardenas is. Who is he? I don't even know who he is. I mean, you have a ... Mayor Ferre: Who? Mrs. Eisenberg: You have an Assistant Manager by the name of Mr. Cardenas? Mayor Ferre: Oh, Cortina. Mrs. Eisenberg: Cortina? yes, I don't even know... Mayor Ferre: Cortina has been here for ... Mrs. Gordon: Will the real Cortina stand up? Mrs. Eisenberg: .,. I'm not here that much, I'm busy working, but you know, things change in the City of Miami.. Things change in the City of Miami so rapidly there's so many agencies and departments. Mayor Ferre; Well? now, now, Mr. Cortina is... Mrs.. Eisenberg: He's been helpful. Mayor Ferre; ..., an Assistant City Manager,who has been appointed. Mrs, Eisenberg: He's been helpful. Mrs. Gordon; She's just kidding you. Mrs. Eisenberg: No? he's been helpful, He told me what to do and I did Mr. Plummer: Did you enjoy it? (repeat) Mrs. Eisenberg: Oh come on J. L. , you know,you really have to treat me with more respect now that the Annette Eisenberg Center is one of the best structures in Dade County, you know that. Oh, it's exciting, it really is. Mrs. Gordon; We just like you to, you know, to he here, that's why we're keeping you therefor a little while. Er) S E P 141978 M : Dt 'ette Ladies and gentlemen, I think we have to come to a decision it's 30.0 o'clock and we've got a lot of things to doi and what is. the .Will �f phis Commission? .rs, Gordon: Father Gibson, you moved it, I seconded it, t don't know i€ you moved it or not, did you FatherT Rev. Gibson: Yes, I moved the festival. Mrs. Gordon: Okay. And, in seconding it I simply want to say this., t think. ?t's a very worthwhile project and in fact 1 like it very much because it features a part of our community that has not had a great deal of features And, I congratulate you and I congratulate all the. members of the. Culmer Association because I think. you're on the move.. I think you're really moving and that's good. Mayor Ferre: Alright, further discussion. Mr. Plummer: I don't think we can havea vote until we have Mrs., Maloney's. opinion. Mayor Ferre: Who? Mr. Plummer: Mayor Ferre: Oh, please, call the roll, please.. Mrs. Maloney, that little lady about the beer in the Orange Bowl. Mrs. Gordon: Well, I'd note you that there's no placeon here that they feature beer, they feature funds that shopping, food, entertainment and fun, right? Mrs. Eisenberg: Right. Mrs. Gordon: Okay. Mayor Ferre; How much is the beer going to be out of the $5,000? Mrs. Eisenberg: The beer will not come out of this. We hope that the beer will pay for itself. We will be giving away a lot of beer during the various ceremonies but we hope, we don't intend, we know we can't make money on the festival b.ut we hope that the beer will be covered. Mayor Ferre: Further discussion. Call the roll, please. The following motion was introduced by Commissioner (Rev.) Gibson, moved its adoption. MOTION NO. 78-557 A MQTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FIND THE NECESSARY FUNDS IN AN AMOUNT NOT TO EXCEED $5,000 TO BE USED AS CONTRIBUTION OT THE LITTLE RIVER COMMERCE ASSOCIATION'S "OKTOBERFEST." Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Gibson, Commissioner Gordon, *Commissioner Plummer, and Vice Mayor Reboso. NOES: *Mayor Ferre. ABSENT: None. ON ROLL CALL: *Mr. Plummer: In the interest of being fair to all of the community I vote yes. *M<,yor Ferre; Annette, I really can't in all good conscience vote for it because right now the way this budget is before us I would vote"no"against Little Havana, the Folk Festival, the Puerto Rican Festival and every other festival,.. Mrs. Eisenberg; I understand. Mayor Ferre; It's ,just that until we get thisbudget settled down I just don't 63 SEP 1 1978 see how, s,. you knows we'•re in ,.. we got had problems. Mrs. Eisenberg: ... Well thank you ver much. 26. PERSONAL APPEANCE OF MRS. ANNETTE EISENBERG REGARDING PROBLEM OF GARBAGE TN THE LITTLE RIVER AREA. Mrs.. Eisenberg: As, long as. I do have the microphone and I am here and I am taking County time to do this I do want to speak to you about this and this iz something I spoke to J. L. and some people about. I am extremely distressed as a citizen of the City of Miami I am upset and I am distressed and I am worried and I want you to hear me out. I am concerned because with or without your knowledge, but with the knowledge of the Zoning Department you are allowing the City of Miami to become a dump and I'm going to have these (Nancy) I'm going to have this package sent around to you so that you'll see what has been happening. It is not fair. I invite you people to drive. I came down here down Miami Avenue that's just one. area where the equipment, where the garbage is laying around in the yard, these areas aren't zoned for that kind of garbage, it's happening in Little River and it's happening in Edition Park and I'm concerned and all I get from all these newspaper articles that have been written about Little River, because that's the area I'm in now. We have gotten no results. Our Zoning Department makes promises they don't know how to keen. Appointments are made for meetings that are not kept. If we ;:.nnot give the services, if we cannot maintain our neighborhood so that the City of Miami is a place that we're proud to live in then I don't think we need a City and you know I don't really mean that because I've lived here for .8 years, pease, I ask you please to get to the Zoning Department find out why they can't :'unction. Their function isn't to do P.R. work the way they're doing. Their function is to enforce the ordinances,and if the ordinances are not stringent enough then for pity sakes pass ordinances that will make the people in the City of Miami maintain their property and not use it as a garbage dump. Thank you. Mayer Ferre: Well, you have a cheering section. Mrs. Fisenb g: I don't know these people, but thank you. Mayor Ferre: ,r'e11, we do. Mr. Plummer: Take the $5,000 from the Day Care and give it to the beer. Mayor Ferre: Alright, Mr. Manager, I think it would be appropriate for you to respond and have somebody respond to Mrs. Eisenberg specifically. 27. PROCLAMATION HONORING THE SIXTH ANNUAL HISPANIC WEEK CELEBRATION, OCT. 6 - 15; DIRECT MANAGER TO PROVIDE ASSISTANCE AND IN -KIND SERVICES. Mayor Ferre: We have at this time Captain William Alexander and would like to be recognized in regar•ls to Hispanic Heritage Week and police protection. Capt. Alexander: Thank you Mr. Mayor, Vice Mayor, Commissioners, City Manager. In behalf of the... as a Chairman of the Hispanic Heritage Week this year and behalf of the whole group I come to you today in the first place to say thanks to the City fcr everything that they were doing to make this Miami a great Miami to live and really have fun. We see that in this year every two months we have big activities in this community. Today, I come also and I see that Little River also is working in the same direction and I see that Mr. Mayor is thinking of the budget, but anyhow I have to come with a request to tell you that we 109 programs and the program in 1978 have 109 events in this community all around and we have already all the programs setup, the budget for every- thing is already committed,and we have a group of Porelore groups from the Phillippians. We have from Mexico, we have from Bolivia, Ecuador, and Dominican Republic, they are the only two that we don't yet a commitment, 6 4 SEP 141978 but today I cote to tell that we offered the.accommodation for these forelote groups and we.are short in out budget by $5,000, and I come in front of you to ascto make this 6th year of Hispanic Heritage Week the success that we expect and weare short and I think that we are flaking a $200,000 program and the other things that we really need to cover our budget is $5,000, I think. that will be agreeable to the City as Little Rivet► Mr. Plummer: Are you selling beer? Capt. Alexander: No, we don't sell beer. Mr. Plummer: You should. Capt. Alexander: I'm sorry Mr. Mayor but... Mayor Ferre: You be consistent. I Now; that doesn't differently.. know, I don't want you to feel offended because I have to have to take the. same position I took with. Annette with you, mean that you know, therest of the Commission might see it Mr. Plummer: When is the event? Capt. Alexander: The event is going to start October 6th through October l5th. We have a whole week of. activities.. Mr. Plummer: And, what is the total budget? Capt. Alexander: The total budget will be about as I said, it'll be about $200,0.00 that's the total amount involved: b.ut the budget that we really need for the money that we need,it's not money exactly, it's in this case what I'm asking is for the help to pay the Police Department that's ... you know, last year we didn't pay for that and we made all the facts and the money that we have to face now is that if we have to pay the Police Department, we cannot bring the group from three different Latin countries and as you know we have promoted this City to being developed as a tourist attraction, especially without the American countries. Mr. Plummer: How many years has this program been running? Capt. Alexander: Well, we have six years so far. Mr. Plummer: Where will it take place? Capt. Alexander: It will take place all around Dade County and all the City... Mayor Ferre: This is a Dade County yearly Hispanic Heritage Week. Mr. Plummer: Is it going to be most of it in the City you're saying you're asking for in -kind which I'm assuming the only thing we can grant would be in -kind as to our Police Department and Sanitation. Capt. Alexander: Right. Mr. Plummer: So you're obviously addressing that which is the City orientated is that correct? Capt. Alexander: Well, that's the rate, and I have here Mr. Willie Gort can explain one of the eventsis going to be closing all the 8th Streets. and I and the Havana League Authority... Mayor Ferre: Mr. Gort, before you address the Commission, Mr. Gort, I want to thank you for your help and your participation in the forthcoming Southern Bell Franchise vote. We saw,... you looked like a real actor on the televison tube there and you expressed yourself very well, I just want to thank you for your cooperation. Mr. Gort: It was my pleasure. One of the things that we try to do here isgoing to bring tourism down to this Miami area and talking about the festival, the main festival where we're going to need the most police protection is going to be taking place within the City of Miami. The biggest one that we're going to have we're going to have on S.W. 8th Street, where we're going to be needing to close the street from 15th Avenue to 27th Avenue. Now, the problem we have for the past 65 SEP 141978 six years we have the police to help us along with this. Now, in this. festival by itself on S.W. 8th Street we have participation for the private enterprise where they put up more than $50,000. We're going to have sixteen bands in there playing between the hours of 2:00 o'clock in the afternoon to 10:00 o'clock P.M, Now, we're going to also have Ballet Folkloricofrom Bolivia, Mexico, and the Phillipines, we also ... which they have confirmed already. We have Dominican Republic and Ecuador which are going to come down here. This is the type of events that we're trying to create to the City of Miami to bring people down here. Mr. Plummer: Let me cut this short. The thing I'm trying to determine is that this activity which you're asking for us to support is taking place in the City of Miami. Mr. Gort: Yes, all we need is the in -kind service with the City of Miami Police Department using... Mr. Plummer: Whether or not the Manager does it as an in -kind or a direct payment is up to the Manager. You're only concerned the bottomline that it'• done, correct? Mr. Gort: Yes. Mr. Plummer: Mr. Mayor, to be consistent, realizing that we have great budget restraints but the precedent has been set. I voted for it before, I think we must be fair to all of the community, I will make the motion... Mayor Ferre: Mr. Plummer moves, is there a second? Rev. Gibson: Second. Mayor Ferre: There's a second. Further discussion. Call the roll. Mrs. Gordon: Just one note, not a discussion but a point of information with regard to where this will be coming from. If I'm not wrong in this Mr. Grassie in the budget there is a line item for, I think it was $42,000 for Hispanic Festival, is this going to come from that? It's part of an $80,000 line item. Mr. Grassie: There was $42,000 for Hispanic, no ma'am, no way you have no line item once that... Mrs. Gordon: Well, I checked with Mr. Gary when I questioned the $80,000 and I found out that $42,000 of it was for Hispanic Festival, and if that be the case I just want to know if this will come from that, festival or... Mr. Grassie: Are you talking about this year's budget or next year's budget? Mrs. Gordon: Next year's budget, 197_. Mr. Grassie: Well, the proposed budget for next year. Mrs. Gordon: Correct. It's in this budget. Mr. Grassie: It is not for any one event that is a line ten different events. Mrs. Gordon: No, the $42,000 was a specific Latin Festivals and that is the I'm referring to, will this come off of that? Mr. Grassie: No, Commissioner Gordon, you know I made up the budget, and let tell you, it is not for one event. Mrs. Gordon: Alright. Mr. Grassie: It is not for any one event. It is for all events of that type including Calle Ocho, you know, the 8th Open House 8 and... Mrs. Gordon: Okay, as long as we're not misunderstanding each other. There is a line item in there is a line item in there which is titled, "festivals" and you're saying this will come from it, okay. Mr, Grassie: Well, I think they want their money faster than that, but if what you're approving is something that we would have to come up with out of this year's budget I'm assuming, because keep in mind that we're talking about the first Week in October► Meyor 1erre: Is there further discussion on this itet? (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mayor Ferre: If not we have a motion and a second, Cali the roil, The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 78-558 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROVIDE THE NECESSARY POLICE AND SANITATION IN -KIND SERVICES TO THE PROMOTERS OF THE "HISPANIC HERITAGE WEEK" - OCTOBER 6 THROUGH OCTOBER 15. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Plummer, Vice Mayor Reboso, Commissioner (Rev.) Gibson, and Commissioner Gordon. NOES: Mayor Ferre. ABSENT: None. Mayor Ferre: Thank you and good luck. Mr. Plummer: Mr. Gort and Mr. Manager, my office hasb.een any parade involved in this? Mr. Gort: No, there won't be any parade. Mr. Plummer: Alright. Mr. Manager, my office has been receiving callsin cases where S.?:. 8th Street has been closed. It was my understanding that when the streets were closed that the main arterial would remain open such as in this particular case 17th Avenue and 22nd Avenue and of course, 27th, because that's the end of the line, and I think people have some very strong points that if they're coming from the north or either way they've almost got to go to the expressway or go all the way out to the outskirts of town, so even if there is a parade which I understand would cause a problem but in cases where there are none it is my hope to eliminate these objectors because I think they make a good point and leave the main arterial so people can pass from the north to the south. It has been a problem. some 28. PERSONAL APPEARANCE: JACK LIME N IN CONNECTION WITH LEO HAlRIS' CASE. Mayor Ferre: Alright, we're now moving along, and, I have a letter of request from Mr. Leo Harris and a group of people that represent Mr. Harris, are they still here? Is the gentleman representing Leo Harris still present, he wanted to be heard? Well, if he's not then I assume he's left. He's left? . There he is. Mayor Ferre: Oh, I see, alright. Would the group representing Leo Harris step forward and make your statement? We're behind in the Commission agenda. I know you have an important item, but we are somewhat ... so I'm going to have to be short of the time with you, so make your statement. Mr. Lieberman: Okay, Well, we had originally thought that we were on the agenda and we had several speakers that was scheduled to be here who ended up not being able to be here. Mr. Ongie: Your name for the record, please. Mr. Lieberman: My name is Jack Lieberman. I'm the Secretary of the Leo Harris 67 SEP 141978 IMIKM ranzg M mmmmw NNW - NM MIME • ▪ im Nit NMEW ormm MEW MEW MIN MEE M; befehse Committee. Mr, Plummer: Mr. Harris, are you an Attotney, sit? Mr. Lieberman: No. My name is Mr. Lieberman. Mr. Plummer: Alright, Mr. Lieberman, are you an Attorney? Mr. Lieberman: No, Leo's attorney. w.as going to be here, however, when we were told that the point was not on the agenda, he had other commitments and he said he would try to make it. Mayor Ferre: Alright, go ahead and make your statement, if you would. Mr. Lieberman: Now, what we would like to ask isthat the City Commission here go on record in recommending to the State Attorney Janet Reno that the charges be dropped against Leo Harris. Leo Harris was hit b.y a car driven by City of Miami Police Officer on August 8th, he refused medical attention by the City of Miami Police. He was, when leaders of the Haitian Community demanded that he be given medical care, taken to a police station, instead of being taken to the hospital, racist efforts task were ... racist statements were made by Police Officers against Leo, and it wasn't until several hours after he was hit by a car and he had a large gash in his leg that he was final taken to the hospital and 17 stitches were required. We think that the actions of the Police Officer in this case was criminal. Basically, there was an assault carried out by an officer against Harris, and then in this case we saw the victim being made into the criminal, that is the person who was hit, who was physically hurt, who was abused by the police, being charged and he can now get 2-years imprisonment. This Commission is the Administrative body that governs the City of Miami ... Mayor Ferre: No, sir, and that's not correct. You're not an attorney, but we do not administer. This is a policy setting board. We are the legislative body, not the administrative body. Mr. Lieberman: Okay, yes, and you set the policy for the police and the various government agencies. Mayor Ferre: Right. Mr. Lieberman: We think that racist policy should not be tolerated in the City of Miami, that racist are frame-ups, like the frame-up of Leo Harris should not be permitted to take place, and that the City Council should come out against this racist frame-up. There are a number of ... we have witnesses, and we have one of the organizers of the protest are Mr. Arthur Pathagon, who was there who can testify as to what happened that night regarding the police's conduct. The police claimed that they were taking Leo to the hospital when they took in into the car. They had to be virtually forced to take him into the car and then they took him instead, they drove him around for a while and then took him to a police station rather than to the hospital and we think that the City Commission should come out demanding that the charges be dropped. Last night the NAACP, the Greater Miami Branch of the NAACP went on record supporting this demand. You should be getting a letter from them, people such as, Neil Adams, Jimmie Burke, I have here a whole list of individuals here who I'm sure you're familiar with will come out in support of this demand and we would like the Council to go on record today against this racist frame-up. Mayor Ferre: Alright, thank you Mr. Lieberman. Mr. Manager, would you address yourself to the... Mr. Lieberman: Could I just askif you would be willing to hear Mr. Pathagon? Mayor Ferre: I didn't interrupt you and I will recognize him after the Manager answers this question. Mr. Grassie: This. question Mr. Mayor and members of the City Commission is in front of the courts now. It's in the regular court process. Anything that this City Commission would do in my estimation would tend to prejudice the legal case and I would recommend that the City Commission not take any action for or against this request. Mayor Ferre: Mr. Knox, from a legal point -of --view. Mr. Knox; Yes, sir, Number one, the case is now in criminal courts and number two, 68 SEP 141978 1 ■ • don't know what theprospect of civil action would be and any official action taken b.y the City Commission islikely to be prejudical in both of Lhasa tt4bunals. Mayor Ferre: Alright, Mr. Lieberman, you wanted somebody else to speak to its (SPEAKING OFF THE PUBLIC RECORD). Mayor Ferre; Sure, as long as you make it brief. Mr.Lieberman: Since you are the policy -making body in the City of Miami, in fact, by your failure to take a stand against this abuse of power by the Police Department, this racist frame-up. In fact, you're condoning the action. You are the elected officials that were... you were elected by the people of the City of Miami to set policy for the police and for other governing bodies in this. City, and it was a misconduct committed here and this is the body that is responsible for the conduct of police and you should speak out against this misconduct, and that's what we're asking you to do. The fact is you say there a judicial process going on, that in and of itself is an injustice. The victim is b.eing made into the criminal in this case and there should,... the only person that should be on trial should be the Police Officer, Mr. who carried out assault with a deadly weapon when he ran down Leo with a car. Mayor Ferre: Alright, is there anybody else Mr. Pathagon: I'm here just to take ... Mayor Ferre: No, we need your name. you wanted to speak before? Mr. Pathagon: My name is Arthur Pathagon. I'm here just to tell the truth. Mr. Plummer: Oh, oh, I'm sorry. Mr. Pathagon: I hear one word, criminal. Now, I would like to ask one question, when somebody ask for medical attention should he be charged for criminal or not, or should this person receive medical attention? Let me tell you exactly what happened, what took place on on that night. I was the one to organize the protest because they hurt my feeling, they hurt my people feeling and my race feeling, so I was the organizing that thing peaceful when two Haitian girls was looking in Winn Dixie, the Haitian tried to get these girls, not this guy, this guy remember one thing he's an American, Black American. Now he come to help us, not only Black American, White American come with us too, because this matter was when you call it a humanitary matter, because when you call somebody a bad name if you are truly a Child of God you should respect people. Now, when this guy was hit by the car I didn't know. The police officer was on his shirt, caught his arm, he said, this man is a trouble maker, an outsider he come here just for his own purpose. I went to see Leo, I didn't know him. I never met him before. I tell him, look man, what's going on. He said, man, I get hurt. I said, do you need medical attention? He said, yes. I went back to see the police officer. I said, sir, this man asked for medical help. Then I took him by the arm y I took to the man, next thing I hear he has been jailed. What justice is that? That's exactly what I'm here. I'm a businessman. I'm very busy, but I have to take time to tell you the truth because you are, like the gentleman said, you are the one who the people elect so you have that thing in your hand now. Thank you. Mayor Ferre: Mr. Lieberman, let me... this is just one person, the way this Commission works is that there are five people here and we vote and the majority prevail so I'm just going to express my personal opinion,alright. I think Mr. Manager, that perhaps you personally with the Chief should look at the case again and make sure that everything is proper from the Administrative point -of -view. Now, with regards to the legal aspects Mr. Lieberman, my opinion is that in this country, the same government or body does not function as the Administrative body, the legislative body,and the judiciary body. We are not judges here. We do not judge the law. Now there are countries and there are places where one man or one g7.oup of people make all those decisions, they legislate, they act as jury, they try people, they make decisions, and they do all of these things. Now, this matter is before the courts in this community. Now, our City Attorney has given us legal advice that as long as this matter is before the courts in both a criminal case and perhaps in the future a civil case that we cannot prejudice this matter, because it is not being handled by us. It is being handled by the State Attorney's Office and the State Attorney's Office is prosecuting this matter in the courts as is the regulations and the rules and the laws of this community and that will be determined by a judge and a jury. Now, that's their job, that's not our job. Now, I personally choose, personally, to follow the advice of the Manager and he represents. the Police 69 EP 141978 Department. And, of the City Attorney, who does. not represent the Police Department and has an independent criteria. His recommendation is that we should notinterfere with a judicial process. Nowt a person in this country is presumed innocent until he's proven otherwise and he will have his day in court and I'm sure that if he's innocent that is usual of justice in our system will function. Now, I know there are many of you who don't believe in the justice of our country or the justice of our society and the court systems, you know, people can smile and laugh about that, that's alright you're entitled to that too, but the point is I don't think that this Commission should interfere in a judicial process. Now, that's just my personal opinion. Mr. Lieberman: Could I make one more comment? Iiayor Ferre: Well, let's let the Commission speak out and then you can say what you want. Mr. Plummer: Well, I just have to ask one question, Mr. Grassie, was the complaint lodged with the department and did in fact as usual procedure internal Security conduct and investigation? Mr. Grassie: Yes to both questions, Commissioner. Mr. Plummer: Alright, then, I just want to make sure that we follow the regular process that is to be followed and it has been and I think the next step is in the courts. May,•r Ferre: Alright, is there anybody else who wants to say anything at this tim? If not, I think... alright, you can make your final statement and then we'll move on to item 9. Mr. Lieberman: Okay, in fact, it's your Police Department or the Police Department that you set policy for that decided to have charges pressed against Leo, it was a police officer under your jurisdiction that made racist comments both in the Winn Dixie Store against Haitians and Blacks and to Leo and to Mr. Pathagon against Haitians and Blacks, and I don't think that you can pass the buck. I think you are responsible... Mayor Ferre: ... not passing the buck. Mr. Lieberman: ... let me just finish my statement. And, I think that this is not just a question of a single altercation in a parking lot. I think that this is a political frame-up. I think that this once again points out the fact that there political prisoners in this country. The fact is, that Leo has been an activist for quite sometime in this City in fighting against similar cases of police brutality and police brutality is not just rhetoric, police attacks injustices occur against Blacks everyday in this City. The Police Department knew who Leo was. He was framed -up once before by the police and the police were forced to drop the charges before it ever got to court and in fact, since this attack occurred Leo's house has been burglarized and political files were taken whi..e values were left in the house. Now, Leo is a member of the Socialist Workers Party. The Socialist Workers Party has a suit against the federal government, against illegal government burglaries, fine and harassment. And, the fact is, is that government documents from the program and from local government police agencies have worked in conjunction with the F.B.I. had pointed out and we have thousands of documents that prove this that in fact similar burglaries have occurred against members of the SWP, against Black Civil Rights Activist' in other parts of the country and the fact is that this falls into a systematic pattern of government harassment against fighters for Black rights, against socialist and against other political activists, and I don't think that this is just a case of an altercation in a shopping center. This is a political frame-up. You're responsible for the political policies that are set in this City and that s why you should take a stand against it. By not taking a stand in fact you're :supporting the victim being put on trial and the criminal carrying out the prosecution, which is what is in fact occurring in this case. Rev. Gibson: Mr. Mayor, maybe I ought to make this comment. Sir, I heard what you said and if I didn't say anything everybody would go away from here and say, you know, Gibson don't understand me. I would hope that you understand and all the rest of you will understand that if you are in court you didn't come here first or they didn't come here first. You're now in court, at that point and time you took it out of our jurisdiction . You have the .. (You could nod your head, I listened to you, you know, okay, fine). You have the responsibility to go to court and let the court judge the evidence we're not judges. We set the policy. If when you go /0 SEP 1i1978 to court and the court proves, you tight in your accusations, then you comeback. f want to make sure you're aware of that. If you go to court and then you ate going to court, and the court says that you are right, all that you said you're tight, you then come back to us. But I want to make sure that you understand that we are not going to intervene. We're going to give you an opportunity to have the court judge the facts. Once the court judge the facts chips will fall where they will or may. Now, I'm going to make this final comment.. I had a roommate in college from the Virgin Islands, this was 40 some odd years ago and he taught me something that I'll never forget. A law that works for you will work against you. I had to say to the Haitian the other night, Mr. Mayor and members of the Commission, we had one hell of a meeting up at,what is that Puerto Rican Center?... Mr. Plummer: In Wynwood. Rev. Gibson: ... in Wynwood. I had to say to them the same thing. I said, you know, I understand what you said, and I think I understand it better than you and perhaps better than most people in here. I said I led the fight to bring about some of these things you're fighting over, but I have not lost my sense of fair play and justice. I don't let my blackness take care of my , you know, override my common sense. Now I hope that you won't leave here angry, that you go to court, you'll prove the case and then come back, if you're right. Now, if you're wrong, you know, there's no need of coming back because I'm going to be right here to say the same thing. 29. ENACT NEW SECTION 39-6 OF THE CODE, "CHARGES AND PROCEDURES FOR USE OF MUNICIPAL AUDITORIUM AND DINNER KEY RECREATION CENTER/EXHIBITION HALL. Mayor Ferre: We're nowon item #l9 on Second Reading an ordinance which was originally made by Commissioner Gibson and seconded by Vice Mayor Reboso. Do you want to move it again,Father? Rev. Gibson: Where is that? Mayor Ferre: Item 9. Rev. Gibson: Yes, sir, yes. Mayor Ferre: Father Gibson moves. Reboso, you want to second again, item Mr. Reboso: Yes. Mayor Ferre: Alright, Reboso seconds item #i9. Further discussion. Call the roll. Alright, you have to read the ordinance, I'm sorry. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTIONS 39-6 AND 39-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, PERTAINING TO PROCEDURES AND RENTAL RATES AT MUNICIPAL AUDITORIUM AND DINNER KEY RECREATION CENTER/EXHIBITION HALL, IN ITS ENTIRETY, AND ENACTING A NEW SECTION 39-6 ENTITLED "CHARGES AND PROCEDURES FOR USE OF MUNICIPAL AUDITORIUM AND DINNER KEY RECREATION CENTER/EXHIBITION HALL; PROVIDING SPECIFIED FEES FOR RENTING OF VARIOUS AREAS WITHIN THE AUDITORIUMS; AND FURTHER PROVIDING SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVIDING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of July 27, 1978, it was taken up for its second and final reading by title and adoption. 0n motion of Commissioner (Rev.) Gibson, seconded by Vice Mayor Reboso, the ordinance was there- upon given its second and final reading by title and passed and adopted by the following vote: SEP 141978 AttSi Coiaissionet (Rev.) Theodore R. Gibson Commissioner Rose Gordon Gobi dssioner J. L.. Plummer Vice Mayor Manolo Reboso Mayor Maurice A. Fevre Non! None. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 8841. 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. 30. AMEND CHAPTER 2 OF THE CODE, MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN - LABORER, WATCHMAN OR CUSTODIAL WORKERS PAYBACK. Mayor Ferre: Mrs. Gordon moves item 10, and Father Gibson seconds it. Is there further discussion on item 10? Read the ordinance please. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE 5624, MAY 2, 1956, AS AMENDED), APPEARING IN CODIFIED FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 109 OF SAID CHAPTER BY ADDING AN ADDITIONAL PROVISION THERETO PROVIDING THAT ANY LABORER, WATCHMAN, OR CUSTODIAL WORKER WHO DID NOT PARTICIPATE IN THIS PLAN PRIOR TO APRIL 1, 1955, MAY ELECT TO PAYBACK FOR SERVICE PRIOR TO SAID DATE; FURTHER PROVIDING THAT ANY EMPLOYEE WHO BECAME ELIGIBLE TO JOIN THIS PLAN ON SEPTEMBER 1, 1962, AND WHOSE MEMBERSHIP IN SAID PLAN WAS DELAYED DUE TO THE ADMINISTRATIVE PROCESSES OF THE CITY MAY PAYBACK FOR THE PERIOD FROM SEPTEMBER 1, 1962,UNTIL SAID APPLICATION WAS PROCESSED; SAID PRIOR SERVICE SHALL NOT BE APPLIED TOWARD THE REQUIREMENTS FOR ORDINARY DISABILITY BENEFITS; FURTHER, ANY IN LINE OF DUTY INJURY SUCH AS WOULD BE REQUIRED TO RECEIVE ACCIDENTAL DISABILITY BENEFITS MUST OCCUR AFTER THE COMPLETION OF SAID PAYBACK AT THE HEREIN PROVIDED RATE; SHOULD ANY ELIGIBLE LABORER, WATCHMAN, OR CUSTODIAL WORKER DECIDE TO PAYBACK UNDER THE HEREIN SECTION, SAID PAYBACK SHALL BE MADE USING THE EMPLOYEE'S FORMER RATE OF COMPENSATION TOGETHER WITH ACCUMULATED INTEREST AT THE RATE OF FOUR PERCENT (4%) AS THE BASIS FOR DETERMINING THE COSTS INVOLVED; FURTHER PROVIDING THAT NOTICE OF INTENT TO PAY BACK UNDER THE HEREIN SECTION MUST BE FILED IN WRITING WITH THE RETIREMENT BOARD OR ITS DESIGNEE WITHIN FIFTEEN (15) YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 27, 1978, it was taken up for its second and final reading by title and adoption. On motion of of Commissioner Gordon, seconded by Commissioner (Rev.) Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8842. 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. 72 SEP 141978 31. AMEND SECTIONS 54-36, 54-37, 54-39 g 54-41 OF THE CODE REGULATING THE PLACEtENT OF BUS BENCHES AND/ OR BUS SHELTER STRUCTURES. Mayor Ferre: Take up item # 11.. Plummer, you want to move that again? Mrs. Gordon: Second. Mayor Ferre: Plummer moves. Gordon seconds. Further discussion on item 11... Alright, sir. Mr. Anderson: Good afternoon Mr. Mayor and members of the Commission. My name is Michael Anderson, an Attorney with the law firm of Dubbin,Schiff Berkman and Dubbin with offices at 444 Brickell Avenue, Miami. I represent Bus Bench Company. At the last meeting you asked that the Bus Bench Industry meet with your staff, which we did. Mayor Ferre: Alright. Mr. Anderson: And, we suggested an amendment to this ordinance which would permit bus bench advertising along arterial streets which had at least four lanes of traffic in which we're not adjacent to either single family or duplex neighborhoods. Mayor Terre: Ri&ht. Mr. Anderson: We talked... there were five industry representatives of the Bus Bench Industry and one shelter representative. Nobody in the industry had any objection to it. We initially felt that there were multiple -story apartment buildings with four lanes of traffic adjacent to them that this would be a place where bus benches were necessary and it would also have very minimum affects this amount of advertising on those benches would have very minimum effect on the neighborhood. As the meeting went on we realized and we were told that our 200 best locations would be reserved for shelters, talking about the bus benches now. That the 200 best locations would be reserved for shelters and so we realize that it would be even more important to have those arterial streets if we were to, you know, have any ability, provide services and to, of course in term make any money out of it and so therefore we made that suggestion. As I understand it Mr. Merrill has considered it and recommended against it. I thought I would throw that to the Commission to see if the Commission thought that this would be ... I don't see how it would be detrimental, really on four lanes of traffic when you have apartment zoning. It could be on U.S. 1. It could be on 27th Avenue, any place where there's multiple -story apartment houses and where there were four lanes of traffic adjacent to it. It seem like an area where you'd need benches and where we'd like to supply with advertising. Mayor Ferre: Mr. Fosmoen. Mr. Fosmoen: 0ur position remains fairly clear Mr. Mayor, consistent with what the directions the Commission gave us and that is not to permit bus bench advertising in a residentially zoned districts. Mayor Ferre: Wait, ... let me understand you, sir. You've come to an agreement on everything, that's the only thing that's left. Mr. Plummer: I got one other point now. I got a big disagreement on one of the proposals in this thing and somebody got to explain to me the other proposal about how we're going to award ... the best bid isn't necessarily going to go to one company you're recommending regardless of what the best bid is that it go to two companies and boy, I'm going to tell you... Mayor Ferre: Well, wait a minute, one issue at a time. The issue now is whether or not to allow bus benches along U.S. 1. Mr. Plummer: Get the decision first. Mr, Fosmoen: No, there are a number of other four lane streets in this City that have residential properties next to them Mr. Mayor. Mayor Ferre: Oh! 73 SEP i4197a Mt. Fosmoen: Bayshore,fot example., Mayor Ferre: Yes.. Mr. Anderson: We weresaying not.., Mayor Ferre: You're just talking about U.S..1.. Mr. Anderson: No, we were saying not adjacent anywhereit is. Bel or R'-2 adjacent we wouldn'-t be permitted to have, but it would have to be.,.., you have two conditions, the four -lanes and have multiple family units zoning, or office zoning. Mayor Terre: Like for example, Bayshore Drive. Mr. Anderson: Bayshore Drive, anywhere there's a single.family or duple) resident adjacent to it we wouldn't be permitted.. Mayor Ferre: Well, then I don't understand because U.S.. in_some areas. Mr. Anderson: Then in those areas we wouldn't be allowed to have Mayor Ferre: Well, then what determines an area? Mr. Fosmoen: Mr. Mayor, let me give you an example. Mayor Ferre: Who? Mr. Fosmoen: Brickell Avenue... Mayor Ferre: I remember that. Mr. Fosmoen: ... is a four lane highway.. Mayor Ferre: Yes. Mr. Fosmoen: It has R-3 zoning next to it under this proposal it would b bus benches up and down Brickell Avenue. Mr. Plummer: No, no, wait a minute. You know, Dick you got to be fair. You're talking about there's going to be bus benches, well, there's going to be bus benches there regardless, the point is whether or not they contain advertising. There's a big difference. Mayor Ferre: Well, I mean, I think in no way you can tell that you're going to have all those buses going down Brickell Avenue and not have any bus benches. Mr. Fosmoen: We're saying that there will be bus benches as one of the locations that we would put benches without advertising, but we've taken... this community is taken a certain amount of pay just to maintain the character along Brickell Avenue. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mayor Ferre: Okay. What's the other item you wanted to discuss? Mr. Plummer: The item I want to discuss is the memo that I received that regardless of the bid that it not be awarded to one company that it be awarded to two companies. Mr. Merrill; That's the recommendation of the bus benches, not ... Mr. Anderson: That is not our recommendation by the way, we disagree with that, and that„. Mr. Plummer; Excuse me, I'm sorry. I couldn't care whose recommendation I'm saying... Mr, Fosmoen: We're not recommending it. tie, Mr, Plummer ; I'm saying, you know, if you got a 30% span between number one and number two and somebody comes up with a yo-yo idea about just because we got to have two companies. We got to take 30% less, you know, I've heard that story here hefore.about suds.,, /4 rosi6oeti; Mr. Plummer$ we t're not recommending it., Mt, Plummer: Well, excuse me then, let me go back to the. memo.. Mr. Fosmoen: We pointed out five items that came up in the meeting with the Bus Bench Companies that was one of the things that they wanted included, Mr. Plummer: They wanted. Mr. Fosmoen: Yes. Mr. Plummer: Well. Mr. Fosmoen: I'm not talking about Mr. Andets:ont l'nt talking shout'the 1hdu§:t1 ies' general. Mr. Plummer: Okay, then I could be wrong of who I'tn trying to cast in the dark shadow, but I'm saying I'm not going for it regardless of who proposes. Mr. Fosmoen: Well, we certainly agree with you sir. Mr. Plummer: Well. Mayor Ferre: Okay. Mr. Plummer: I read it wrong. Mayor Ferre: That leaves us with one issue and that is whether or not we have commercial advertising on bus benches in areas where there are four lanes and there are multi... Mr. Plummer: Excuse me Mr. Mayor, whoa! I did read it right....Somebody better backtrack. Number three, no bidder will be awarded more than two of four districts except in the event there is only one bidder. Mr. Merrill: Read the second page, request number three. Let me read that to you. Mayor Ferre: Plummer... you're probably a one page reader. Mr. Merrill : Request number three, proposals or conditions that already exist the Commission can if they choose split between two, three, or four bidders. The request, however, wants the Commission to pre -agree to the two bid concept, obvi.ously this is a Commission choice. It should be understood that one of the considerations is the most advantageous bid and the type of appearance of the bus benches to be provided under the contract. The Commission may wish to establish a standard for street furniture to be provided by a single bidder. What I'm telling you is you have that... you can do that now. What they're asking you to do is to preclude the possibility by policy statement of this Commission that you would award it to at least more than one bidder. Now, that's the recommendation of the committee. You asked me to meet with the committee of the representatives... Mr. Plummer: Okay. Mr. Merrill: ... and I just presented it to you. Mr. Plummer: I'm telling you how I'm going to vote. Mr. Merrill: Oh, that's fine, that's fine. Mr. Anderson: That was not our position by the way, we felt that whoever had the most advantageous bid and we don't know who that's going to be,should get it, that's the purpose of public bidding. Mr. Plummer: Hey, I'm here to get the best bid and the best return for this City I can;and I'm going to. Mayor Ferre: Okay. I think that's all been said before now, so it's a question you got two items, one has been clarified and that is the question of the lowest bid gets it and it's not divided into little ... Mr. Plummer: No, the highest bid. 75 SEP 14197a 11111111111111 Alb Mayor Ferre: Well, the highest bid, of course., yes. I stand corrected. Now, the other one is a question of whether or not we would allow commercial advertising in bus benches whether it's four lanes and where. it is. a multi*. (what'd you call that?) Mr. Fosmoen: Multi -family. Mayor Ferre: multi -family residential. That means that as long as there is single family residential there wouldn't be. For example, along North Miami Avenue which is four laned you couldn't have commercial advertising because that's all single-family, right? Mr. Fosmoen: I don't know what this speaks to.... Mayor Ferre: What? Mr. Fosmoen:... zoned single- family, there may be single.fatiily rises Mr. Plummer: Not what exist but zoned. Mayor Ferre: I see. Mr. Plummer: Well, I'm sure South Miami Avenue is R-1: Mayor Ferre: Did I say South Miami Avenue... Mr. Plummer: Mayer Ferre: Well, I'm sorry. Alright, South, you Now, for example, South Bayshore Drive that you get so there they could have commercial advertising, is know, South Miami Avenue. into multi -family residential, that... ? Mr. Merrill: In the area of Mercy Hospital and so forth, they might be able to have it. I think most of the rest of it is R-1. Mayor Ferre: Now, what happens under what they're asking for, let's say like U.S. 1 when there's a residential lot,or like certain parts of Coconut Grove where R-1 abutts U.S.1? Mr. Fosmoen: They would not be permitted to have advertising. Mayor Ferre: Anywhere on U.S.1? Mr. Fosmoen: No, where it's zoned single-family residential... Mayor Ferre: Within that little area, but if across the street it differently then there they would could have a... Mr. Fosmoen: .. a duplex. Mayor Ferie: I see. Well, I see your point and I guess,.. I think I agree with it but I'm not too sure. No, I mean, philosophically I agree, I just... I want to hear your argument on it. Mr. Anderson: Well, we felt that number one, it would be a very minimal type o advertising... Mayor Ferre: Why? Mr. Anderson: ... bus benches,they're not gaint advertising signs or anything like that, they're minimal. See, when Rent-A-Benchwent to court we had an ordinance that nobody said had to be changed and the Administration decided change.it, and at that time you could put bus benches practically anywhere. Okay, we're going to eliminate all those single-family zones, all the duplex zones, all of the R-3, R-4, R-5 zones, which are not adjacent to an arterial street, and we're eliminating the Downtown area,and we're eliminating the 200 best locations to be placed... Mayor Ferre: Well, why are you eliminating Downtown? Why are they eliminating Downtown? Mr. Fosmoen: With Bus Bench advertising? Mayor Ferre: Yes. 76 1 ■ ■ Mr. Merrill: I think they're paying a permit on 900 if I'm not mistaken... just under 7 SEP 14197B ■ Mt. Fosmoen: We spent sometime with the DDA,on that issue and the C4,3 bisttict which is the immediate commetcial core. we're looking at a street furniture. without advertisment. Mayor Ferre: Okay, so you're eliminating a big part of town then. So, let me ask you this, are we going so far out on a lima on this thing that we"te going to make it commercially unfeasible .,... Mr. Merrill: No. Mayor Ferre: ... for anybody to... 7 Mr. Plummer: Well, you say no. Mr. Merrill: We've attached a list of locations ti idea of what the changes. represent. Mr. Fosmoen; 840 locations would be permitted., Mayor Ferre: 340 locations... Mr. Fosmoen: 840.. Mayor Ferre: Eight hundred and.. Mr. Merrill: With advertising. Now you can have Mr. Plummer; How many without advertising? Mr. Fosmoen: 20% of it. Mr. Plummer: 20% of whatever they put in it. Mr. Merrill: Well, it actually amounts to 25% of whatever they ratio is 80/20.. Mayor Ferre: 20% is 160 benches, will that be We'll have to pay for the others then will we? enoughto cover all the areas.? Mr. Merrill: Whether or not they're needed we would go to the bus company to find out where the highest usuage bus stops are and we'd put bus benches without advertising. Mayor Ferre: If you get your way let's say along Brickell Avenue and South Bayshore Drive, all of Downtown and all that. Mr. Plummer: You know, I want to remind you, okay. I want to remind you that this thing was passed by me by my making the motion to be absolute guaranteed that it would not cost this City any money. I don't want people coming back in here screaming at me that they don't have a bus bench and this City is going to be forced into a posture of having to provide that service. Mr. Merrill; But we didn't say we were going to provide a bus bench at every bus stop either. Mr. Plummer; They do now. Mr. Merrill; No, they don't. Not every bus stop. Mr. Plummer: They don't. Okay, I'm just reminding you Mr. Merrill because I'm going to send them straight to you sir. Mr. Merrill: Okay. Mr. Plummer: You're going to sit out there with your little umbrella... Mayor Ferre: Well, now tell me again, tell me again now. How many bus benches do we have now? Mr. Plummer: 1400. • • MIK gprommews Enari MEM a thousand. Mr. Anderson: Just under a thousand with advertising. Mr. Merrill: Now remember that you could have mote than'one bus advertising per bus stop. Mayor Ferre: Yes, Mr. Merrill: Also we're permitted to have them at school bus stops., %4e hs\ieii''t considered that in the proposal. Mayor Ferre: School bus...? Mr. Merrill: But in the state at large allows bus benches at echool bus stops. Mr. Plummer: Freebies or commercial? Mr. Merrill: Commercial, but they're unstabled. We they are from year-to-year so that might... That's look into. Mayor Ferre: now have someone under don't know exactly where something that we could Well, the point as I understand what you're saying is that we a thousand, what you're proposing is there'll be 860 places. Mr. Merrill: Locations. Mayor Ferre: Locations where they could whether or not they want to Who decides whether they have to, they do or we do? Mr. Merrill: Mayor Ferre: Mr. Merrill: Mr. Plummer: Mr. Merrill: Mr. Plummer: Mayor Ferre: sir? or not. They do. They do it based on a marketable advertising locations. Okay. Where they can sell the ads... Well,what about under the new proposal? Provided it's within the zoned area under their contract. No, no, the 20% that are going to be non-commercial, we decide that. The question is 20% of 860 is 160 some odd assuming that they placed... O Mr. Merrill: You keep going back to locations, the possibilities of putting more than one bus bench per bus stop. Mayor Ferre: I understand argument aakebecause, yes, lot of places that you got because it isn't worth it. we get $100 and... Let's Mr. Merrill: 250. Mayor Ferre: 200... Mr. Merrill : 250. assuming that there's 800 or 1,000 benches just for they can put two benches there but there are an awful to say it's okay, but they just don't put a sign, So just for argument sake if we have 1,000 that means say... Mayor Ferre: 20% isn't that what you said? Mr. Merrill: Well, the ratio is 80/20 but it really works out what they actually have there would fit within that ratio,. Mayor Ferre: I see, so it 's 20, ... I see okay. Mr. Plummer: Let me ask this question. Mayor Ferre; Out of 80/20 so it`s a 25%, so we get 25Q,. NQw; Wad tbat be. sufficient to cover the areas you're excluding? Mr. Mettill: We113 the alternative. is to put advertising in residential areas::.. Mt. Plummer: That's not the question Mt. Merrill. Mayor Ferre: The question is 250 non-commercial advertising benchessufficient to have benches in the areas where they cannot advertise? Mr. Merrill: No, there's no way that 250 is going to cover all of the retaining bus stops. Mayor Ferre: Well, how many ... Mr. Plummer: That's not the question... Mr. Merrill: Okay, Mayor Ferre: How many remaining...? Mr. Merrill: Let me understand the question. Mr: Plummer: The question is in the areas which you are now going to prohibit advertising on bus benches, is the figure you're using of 250 adequate to coVet that area? Mr. Merrill: In areas where they'd have to remove their bus benches as a result of this ... Mr. Plummer: Remove the advertising. Mayor Ferre: He's already said no. Mr. Merrill: I don't know. I don't know how many of those that they have in residential areas. Mr. Plummer: By God you should know because that's come down to the bottomline is you better not let nobody come back here I got to spend a penny for bus benches. Now, you know, that should be to me... look, the first and four most concern I want to remind you that 7-years ago I took an awful lot of heat in this Commission because I happened to think that they provided a service. I still feel that way. Mr. Merrill: Right. Mr. Plummer: Now, I took a lot of heat when Mel Reese wanted to put this City In a bus bench business at the tune of $150,000 a year. Now, I'm still where I was 7 -years and 4-years ago, that they provide a service. Now, are we going to provide the service to the public who ride buses at no expense to this City as AMIL we have it today? That's the bottomline, and if you can't answer that question I'm very concerned. Mr. Merrill: Well, that would require a survey of the entire City to determine where those bus benches are within the residential areas. Mr. Plummer: Well, to me if you haven't done that Mr. Merrill or whoever is responsibile hasn't given this Commission the total picture because the first question as you'll recall I asked is this going to cost the City any money? And, your answer was no. BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD. Mr. Plummer: Now, Mr. Merrill, you're well of the fact that people that have bus benches today in their residential area with commercial are not really that concerned as we seem to be. They're concerned about where are they going to sit. Mr. Merrill: Right. Mr. Plummer: Their back is to the advertising, and I can tell you without question if I lived in that area and I rode a bus and today I some place to sit and tomorrow I don't,you know what's going to happen they're going to be down here telling this Commission about it.... Mayor Ferre: Alright, J. L., okay... Mr, Plummer; .., and you know what's going to happen we're going to buying bus 79 SEP it 197E I■IIIIIII-.I benches we can't afford. Mayor Ferret Hey, you've trade your point, let's wove alohg� Mr. Anderson: May I say one other thing Mr. Mayor? Mr. Plummer: How can I move along when they don't have inforMation'� Mayor Ferre: Well, with that we're going to move along. Mr. Anderson: This says that we have 840 locations and I think that we're going to lose 200. of these locations which are of course, our best locations to bus shelters that means another 40 or so free, you know without advertising bus benches that would also be lost. I don't know if that's correct or not because... Mr. Merrill: We estimated that there would be 20.0 locations, it doesn't have to be 200 locations. It could be 400 put in a bus shelter. It's inappropriate to have bus bench and a shelter at the same location. Mayor Ferre: Sure. Mr. Merrill: So they would lose some of the 840 locations. Mayor Ferre: In other words, you're going to decide what gets shelter and what gets bench. Mr. Merrill: Not me... alb Mayor Ferre: Who makes that decision? Mr. Merrill: ... but it will b.e the Administration., Mayor Ferre: ... when I'm talking to you,always. I never mean anything personal in this Commission, I'm always talking about you, the City of Miami Administration now if you can't speak for it then pass it on to somebody who can.. Mr. Fosmoen: Us with Dade County. Mayor Ferre: Sir? Mr. Fosmoen: Us with Dade County,will determine where shelter should go. Mayor Ferre: Is that written within this? Mr. Fosmoen: You mean Dade County? Mayor Ferre: No, no, is this in item 11, isthat clearly understood within the context of what we would be voting on? Mr. Fosmoen: Yes. Mayor Ferre: Specified in that line, because that'•s what I'•m interested in. Mr. Plummer: Is there two different distinct contracts between one bus benches two bus shelters ... Mayor Ferre: Oh, yes. Mr. Plummer: You hope it's yes. Is there any of the companies that you have been talking with who are in both of the business? Mr. Merrill: One. Mayor Ferre: Now, wait a moment, that's not what you were talking about as far as bidding that would... whoever gets the benches gets the shelters. Mr. Plummer: That's right. Mayor Ferre; Oh, no.,. Mr. Merrill: Different companies, Mayor Ferre; I'm not going to go for that at At 80 • . SEP 141978 4r, niftier: Not ti64 What It'at saying is there ate two different distinct bids Mayor Fette: Okay, ir. Plummer: ... okay. Nowt my objection to going to two bidders just to split the bidders, no. Two different bids, yes. One for benches, one for sheltetsi yes. I agree to that.. Mr. Merrill: That's right. • mm mm • m. ME Mr. Merrill ; It's a higher investment. a ■ Mayor Ferre: Okay. That's what I want to make sure we're talking about the same thing. What you're saying is you don't want the benches split in two or three or four. I agree with that, but there is distinction between_somebody who bids for shelters and somebody who bids for benches. ?r. Plummer: ... that company that does them both. Mayor Ferre: Of course, of course, if you ... exact same company as the low bidder I got no problems with that at alit ok.. Mr. Fernandez: May I address the Council please?,,,.My name is Joaquin Fernandez, I represent Rent -A -Bench, who maybe started this unfortunate thing the way it's MEW turning out. There used to be like 1,400 locations in the City... Mr. Plummer: That's right. Mr. Fernandez: ... everybody has a bus bench. Mr. Plummer is right, including in residential zone.. The way this thing has been chopped down we're talking about 800 locations, a quarter of which will have no advertising, so we're down to 600 and then 20.0 of those 600's are going to be taking for shelters, so we're now to ... MEM Mayor Ferre: Wait, wait a minute your facts are wrong. Your facts are just simply wrong. Mr. Merrill: Right, the 840 locations are where they'll be advertising.;' not changing that other than for the bus shelters...... Mr. Fernandez: So it's 8... Mr. Merrill: The 25% is an addition. The 80./40 ... Mr. Fernandez: Ok. Alright, we'll take those numbers 840 minus 200 is 640 that's half of what's available now. My answer to you Mr. Plummer is that with... they've chopped this thing down to such a low number where this thing is almost at the brink of being economically unfeasible to the point especially when you split this thing up into four zones then there is the possibility that someone may perhaps end up with more than one zone whether you want to admit it or not because each zone is going to be bid separately, so you are looking at the possibility that four companies could very well end up , ok, providing a service to this City and there isn't anybody that's going to provide t'.at many bus benches to cover your residential area that those benches are not ,ust going to be there and there just isn't enough freebees to cover everything be ause this thing has been chopped down to the point where just about barely economical and I strongly recommend that you favor the recommendation of allowing additional benches in the arterial areas, that's number one. And, number two we've been saddled with a tremendous hardship here because we have to bid on a contract for a rezone and we're bidding for x-number of benches and then sometime in the future and God knows when somebody is going to say you know those 300 locations that you bid we want 150 because you got the best locations for shelters and we bid on a 5-year contract that we estimated we were going to have 300 benches and maybe two years from now or a year from now we only got 150 benches there providing revenue. Unless someone can sit down and tell me where those 200 shelters are going to be in this City I don't think anybody can intelligently bid on what's going to happen because for all I know all those 200 locations maybe in one zone and if I'm holding the franchise for that zone I'm not going to like it, I want to be out of business. Mayor Ferre; Alright. Mr, Merrill; Mr. Mayor, we have asked the shelter people to give us a list of 81 locations with eight things. that the shelter could be. constructed. Thatat'a a higher investment in it Mayor Ferre; Sure, and obviously they're going to choose the best locations'. and obviously in my opinion they deserve the first locations because they'-te going to cone up with the biggest investment, Mr. Merrill: No, what we're trying to do is find out froth them Where the feasible locations are. Mayor Ferre: Okay. Mr, Merrill: Then we'll go back to the bus company and say, where is. the greatest need and we will be participating in that decision, where do you need to put the bus shelter, how is going to look as so far as street furniture is, concerned in the right-of-way, where will be the best service? They're not going to be the ones to decide where the shelters are going. We're going to put them where the people need them the most. Mayor Ferre: Well, now let me ... Mr. Merrill: Transfer points and so forth. Mayor Ferre: Let me understand this, when you halle..6 shelter4ou;, bench. In other words... Mr. Fosnioeu: You have a bench within the shelter, Mayor Ferre: Oh, oh.. Mr. Fosmoen: Okay? Mayor Ferre; In other words, there's a shelter and there's a bench there. Mr. Fosmoen: Yes. Mayor Ferre: So... Mr.. Fosmoen: But it will probably... Mr. Plummer: shelters? Let me ask this question, is there going to be. advertising Mayor Ferre: Sure. Mr. Fosmoen: Yes, sir. Mr. Merrill: Then there will also be some free shelters. Mr. Plummer: What about the shelters that go in a residential area? Mr. Merrill: Okay, they will be without advertising in those locations where we ... we have to reach an agreement with the Bus Shelter people to determine what the ratio would be of getting free shelters, because there's a higher investment... Mr. Plummer: Who's going to designate where the shelters go? Mr. Fosmoen: We will. Mr. Plummer: We will. Mr. Fosmoen: Yes. Mr. Plummer: Are we going to be on an 80/20 with the shelters? Mr. Merrill: No, see we have to work... that's what I'm trying to explain you there's a higher investment in putting a shelter than it is a bench. to W. Plummer: You don't concede for one minute under that arrangement that there/8 going to be one shelter where there's not allowed advertising. Mayor Ferre: Of course, 82 SEP 1 4 1978 ogi Mt, iettlli: Yes, they do.. Mayor Ferre: Yes., of course., and they do that ail over the Worlds. Mt, Plume: let the ►.. Mr► Merrill: It's the number we haven't arrived at.., there will be some.' shelters without advertising that we can put in residential areas, Mr. Plummer: But it's not underneath the .... Mayor Ferre: Mr. Merrill ... Mr. Merrill: No, we have to work that with the companies to detertiine What capability is of them to provide free shelters. Mayor Ferre: Clark? Mr. Merrill: Yes. Mayor Ferre: Mr. Plummer (repeat), the bus shelter business started in Western Europe many years ago and it has expanded into a very, very large and substantial business . In most European cities they no longer have bus benches, they have bus shelters and there the government of London or Paris or Marseilles or Rome or what have you have contractual arrangements with these companies on a bid basis. Some of those contracts provide for different percentages of bus shelters without any advertising. (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mayor Ferre: Some of those shelters have clocks,others have road maps of the city or where you can buy tickets like in Switzerland to get on a trolley car in Zurich, beautiful bus shelters all out of glass and there's no advertising on them. Now, some of them have flower beds, maintained by the Shelter Company. There are all kinds of variations on that. Sometimes the contract is that they have to maintain the flower beds and they maintain a whole area full of flowers in Zurich or Paris that that's part of the deal that they made with the City. Now, this is all going to be done on a bid basis, contractual basis. The City has to decide where and what, you know, and the City may decide that at the transfer point between two important bus intersections they may want three shelters, one of them with a clock, one of the with the City of Miami street map, and one of them with advertising, or none with advertising, that's all a negotiated thing that obviously has to be put as part of the bid document. Now, it works all over the world. It now works in Montreal. It now works in Toronto. They just started in New York and in many other cities in California and I'm sure Miami is going to be up there with them. That's not what we're talking about today. Can we get back to the main issue? And, that is, whether or not, I think we only have one thing left as I see it anyway and that is whether or not advertising is allowed in areas where there are four lanes and multi -family residential section. Now, I went over to Dick Fosmoen and I just asked him and I'll ask him to repeat what he just told me, because I said my concern is what this gentleman was saying and that is what Plummer has been saying is, is it going to be financially feasible for us to get sufficient bus benches in the residential community and in the downtown and in the areas that we've excluded with this system, I mean we've got to get something that bounces out, sure, I'd like to have all benches without advertising but, you know, what's reasonable? Mr. Fosmoen: Mr. Mayor, if we can, apparently, the Bus Industry feels that some of their best locations are on this four lane multi -family zoned arterials. For every eight they put in we're going to pick up two which means we can provide benches in single-family areas without advertising. We can also provide benches in multi -family areas that are on two lane streets. I guess what I'm saying is that the sense of this Commission that it'll provide more benches throughout this community. I don't have any particular problem with the advertising benches on four lane arterials. Mayor Ferre: Okay, that does it for me. Mr. Plummer: Wait a minute, in multiple. Mr. Fosmoen: Only in mulit-family areas, Mr, Plummer: Okay, 83 Mayer ferret That solves. it for met without it asan amendement.. Plummet, you want to take that as an amendment? (COMMISSIONER PLUMMER NOT USING MICROPHONE -- BEARLY AUDIBLE) ltr. Plummer: Fine, I... Mr. Mayor, look, the. only thing is, you knows I'm sitting here and I'm talking with Reboso. This thing went on for years and the only thing that was attacked in court was the so-called exclusivity, that's what was attacked in court, nothing about the. bus benches or anything like that, you know, here we all of sudden have revenue coming into the City and now through all of this advance planning and high technology,we're throwing ourselves into a jackpot ... I sometimes wonder it comes from, I really do. Mr. Mayor, I have no objections to it, none whatsoever, I don't want the City to go into Bus Benches Business or the Bus Shelter Business. I move that we alter this and put out the bidding to allow four lane roads where there exists multiple R-3 or higher - Mayor Ferre: With that as an amendment Mr. Plummer moves item #11. Is there a second? Mrs. Gordon: Second. Mayor Ferre: Second. Further discussion. Read the ordinance. (CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Ca11 the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 54-36, 54-37, 54-39, AND 54-41, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY DELINEATING AREAS FOR THE PURPOSE OF REGULATING THE PLACEMENT OF BUS BENCHES AND/OR BUS SHELTER STRUCTURES THROUGHOUT THE CITY BY COMMERCIAL ADVERTISING COMPANIES AND BY PARTIALLY SETTING FORTH THE TERMS AND CONDITIONS OF THE AGREEMENT UNDER WHICH SUCH PLACEMENT SHALL BE AUTHORIZED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 14, 1978, it was taken up for its second and final reading by title and adoption. On motion 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 J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8843. The City Attorney read the ordinance into the public record that copies were available to the members of the City Commission public. ON ROLL CALL: *Mrs. Gordon: ... applied the amendment to it... Mr. Plummer; Yes.. Mrs. Gordon: ... did you say the amendment in it? Mr. Knox: I didn't read it in the title, but it'll be included in the the ordinance Mrs. Gordon. and announced and to the Mrs. Gordon; And, the amendment was for clarification,.. Mayor Ferre: That... Mrs, Gordon: No four zone, four lame arterial only. Mayor Ferre; Right, 84 SEP 1419'iA Mt. Anderson: Thank you Mr. Mayor. Mayor Ferre; Sure. Mr, Anderson: I just wanted to make one other comment and I didn't want to confuse it with the things that we brought up before but we had one other suggestion which we talked about ourselves in the industry and I know the ordinance is. passed on Second Reading but we want to throw out one other thing to you. Since these bus. benches and shelters will be on public streets and public rights -of -way we would have no objection and we would actually like to see a provision in the ordinance that said that there were no tobacco products or alcoholic beverages to be advertised on them. Mrs... Gordon; Okay, voluntary exclusion,that's his, right? Mr. Anderson: We would like to see an amendment, you know, it doesn't have to be today, hut saying that on these advertising bus benches or shelters that tobacco products, the cigarettes and so forth and alcoholic beverages be excluded from the advertising. Mrs. Gordon: Yes they're selling advertising, they know who their customers will be. Mayor Ferre: Alright. Mrs. Gordon: Okay. Mr. Mayor, I'11 like to introduce to you my Merl.ar and she'll raise her hand you're know who she is. Mayor Ferre: Yes. Mrs. Gordon: And, her two sons, Gene and Kenny Merker. I just Mayor Ferre: Well, that's very nice, Rose, I've met your niece to see you. Mrs. Gordon: I know you'all met yet but... Mayor Ferre: I've met her before. Mrs. Gordon: T happen to be very proud of her and her sons. Mayor Ferre: Well, thank you for introducing them, Rose. want you know them. before. I'm happy 32. FIRST READING - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979. Mayor Ferre: Alright, we're on item #12, which is. on Firs.t Reading, making appropriations for the Fiscal Year ending September 30th, City Manager recommends. Plummer moves. Alright, Mr. Manager. Mr. Plummer: Mr. Mayor, I'll tell you what you didn't say that without a little advanced knowledge of my feelings. If it is agreeable with the rest of the Commission I will in fact surprise you and move this motion today on First Reading. I think there's a lot of work to go in between now and Second Reading and many things that need to be done but for the words of that great intelligence of the professional I will move that it be done now strictly as a mechanical time running machine. I so move, Major Ferre: I can't believe it. It's been motioned. Is there a second? Mr. Plummer; You can't get a second. Mayor Ferre; I'll second it, because I think mechancially Reboso seconds it. I think.you're absolutely correct and we realize that it doesn't mean anything I hope you realize that. This is just a mechanical time expediting item. I wasp..... I thought that Mr. Plummer would talk. at least a half an hour before he did that, but I'm gratified and I thank you. There's a motion and a second. M;, Plummer; I reservethat for Second Reading. Mayor Fette: Read the ordinance please. (CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE 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. Was introduced by Commissioner Plummer and seconded by Vice Mayor Reboso and passed on its first reading by title by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 33. FIRST READING - DEFINING & DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE PILLAGE RATE. Mayor Ferre: On First Reading, an ordinance defining and designating the territorial limits of the City of Miami for the purpose of taxation. Mr. Plummer moves. Commissioner Reboso seconds. Further discussion. Manager recommends. Read the ordinance. Ms. Lynch: I'd like to speak on that ordinance if you don't mind Mayor. Mayor Ferre: Oh, yes, of course. Ms. Lynch: As a property owner and taxpayer in the City of Miami, I think that it's about time that you seriously considered what increase in the tax millage Mr. ... Mayor Ferre: Joyce, please, what we're doing now is we're designating the territorial limits of the City of Miami for the purposes of taxation. Ms. Lynch: But Section 2 of the ordinance Mayor Ferre: And, then fixing the millage,... ok, I guess you're entitled to... Ms, Lynch: Right, on fixing the millage, Section 2 of that ordinance states that themillage will be 10.000 mills for the General Fund. Mayor Ferre: Right.. Ms. Lynch: And 4.487 for other payment of principal and interest and charges. Now last year the millage was 13.20 in the City millage. The Dade County Commission has decreased the millage for those people living in the County. The City by all means if it's having budget problems should look internally as opposed to externally by increasing the taxes of property owners and furthermore Mayor it's just like my inviting you into my house for dinner. If I invite you into my house for dinner and then you come into my house and you then you tell me to throw out my furniture and change the painting, paint all the walls and do major changes and then leave,I'm still paying those bills. This is what's happening in the City of Miami today. There are no Assistant City Managers, only three Directors or Assistant Directors that are living in the City of Miami today that are making decisions for the City and the City's taxpayers and in their making decisions they're changing the course of our City without any citizen input SEP 141978 or any request for major citizen input and I as a taxpayer am very opposed to increases specifically for General Fund purposes,for the increase of the professionals who come into our City and then move to Kendall and other areas of the County and we have to pay for those increases in their salaries and I'M opposed to it and I hope that the City Commission will definitely consider that because I think that it's unfair to the taxpayers, and I think that it's also pathetic that it's number. 13 on the agenda for today. What you're asking for is the citizens revolt. Mr. Plummer: Well, Joyce, don't go away totally uninformed. This Commission does provide three separate days of public hearings, which the taxpayers are asked to come before this Commission and express their likes or dislikes. Unfortunately, in the same way that the people are asked to go out and vote itt elections,very few people take advantage of that opportunity. Ms. Lynch: Because those are basically during the day Mr. Plummer. in the City work. Most people Mayor Ferre: Joyce, we will have hearings at night, ok, if we have too and I' sure we will have to as we did last year. Ms. Lynch: Yes. Mayor Ferre: And, we provided in the public hearing process one day meeting, one evening meeting, one afternoon meeting so that everybody would have a different opportunity and you'll have yours and I'm sure that we will hear from you again. Ms. Lynch: But, if you're voting on this ordinance today does that not.. Mayor Ferre: No. Mr. Plummer: No, this is just First Reading. Mayor Ferre: This is a First Reading and this is a mechanical procedure. Mrs. Gordon: It doesn't set anything. It just sets the wheels in motion. That's what Mr. Plummer said... Mayor Ferre: It starts the time mechancism, ok. Mrs. Gordon: On Second Reading that sets the entire process. Mr. Plummer: If you come to the hearing at the Police Station don't bring car. Mayor Ferre: Now, we have a motion and a second. Read the ordinance. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979, CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice Mayor Reboso and passed on its. first reading by title by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. S7 SEP I 4 197 • • SO 34. FIRST READING - APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR GUSMAN HALL AND THE OLYMPIA BUILDING FOR FISCAL YEAR 78-79 Mayor Ferre: Now, take up 14, which is the Olympia Building and the Off -Street Parking. Mr. Plummer: This is a public hearing, isn't it? Mayor Ferret This is a First Reading, it's the same as the last one. Mr. Plummer: It's not a public hearing? Mayor Ferret No. Mr. Plummer moves the First Reading. Mr. Reboso seconds the First Reading. Read the ordinance please. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 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. Was introduced by Commissioner Plummer and seconded by Vice Mayor Reboso. and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Manolo Reboso The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: Now, Mr. La Baw, is he still here? ... okay, we voted on it First Reading. I just want to make sure that we don't have any questions so that we'll get to the public hearing or the second that they haven't been asked. See, you know, we got to have an opportunity to do that with the Manager a little bit more often. Mr. Plummer: Mr. Mayor, as you recommended sir, I've sat down with Mr. La Baw and two other fine gentlemen, including the Colonel and I had the opportunity in about an hour and a half session to ask all my questions and got clarifications and got assurances that in the coming months and years that this Commission would be made better advised as to what is going on with the Off -Street Parking Authority so that we could be fully at all times,knowledgeable of the operation and that's what I was really looking for ... Mayor Ferre: Alright. Mr. Plummer: ... and I have already avail myself to that opportunity. Mayor Ferre: Very good. Mayor Ferre; Did we call theroll on 14? Mr. Ongie: Yes., sir, we did, a SEP 14193 • 35, AMEND SECTION 2-9 OF THE COCE "ORDER OF BUSINESS AND RULES OF PROCEDURE" Mayor Ferre: Alright, we're on item 15, First Reading, amending Section 2-9 of the City Code, entitled"Order of Business and Rules of Procedure" whereby all resolutions shall be briefly described on an agenda furnished each member of the City Commission 5 days before each City Commission meeting. City Manager recommends. Mr. Plummer moves. Mr. Plummer: Yes, sir, with pleasure. Mayor Ferre: What's that? Mr. Plummer: With pleasure. Mayor Ferre: Yes. And, Mrs. Gordon seconds. Further discussion on First Reading. Call the roll. Read the ordinance. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Alright, call the roll. 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 CONSIDERED BY THE CITY COMMISSON BE FURNISHED THE COMMISSIONERS 5 DAYS PRIOR TO THE MEETING AT WHICH SAID RESOLUTION IS SCHEDULED FOR CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice Mayor Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Manolo Reboso The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 36. AMEND SECTION 1 OF 8716, THE ANNUAL CAPITAL IMPROVE MENT APPROPRIATIONS ORDINANCE BY MAKING ADJUSTMENTS IN THE 1970 HIGIHWAY GENERAL OBLIGATION BOND FUND AND STORM SEWER GENERAL OBLIGATION BOND FUND. Mayor Ferre: Take up item J64 the City Manager recommends,.. This. is. the Annual Capital Improvement Appropriation Ordinanceand so on 1970 Highway General Obligation Bond Fund and 70 Storm Sewer and so on, on First Reading. Plummer moves. Gibson seconds. Manager recommends. Wait a minute this is First and Second Reading. Alright, so any questions on it? Why does it have to be First and Second at the same time? 41. Mr. Grimm: The contract is ready to be signed Mr. Mayor and this provides the money. Mayor Ferre: Any questions on this? Anybody have any problems on this? Alright, Read the ordinance.. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD);. Mayor Ferre: Call the roll on 16.. Mrs. Gordon: Just they transfer adjustment figure, thisis correct? (INAUDIBLE BACKGROUND RESPONSE MADE OFF THE PUBLIC RECORD). AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 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 AND THE 1970 STORM SEWER GENERAL OBLIGATION BOND FUND; 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; SAID ADJUSTMENT BEING REQUIRED FOR THE COMPLETION OF THE FLAGLER STREET HIGHWAY IMPROVEMENT H-4372-A AND FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION H-4391-A (3RD BIDDING). Was introduced by Commissioner Plummer and seconded by Commissioner (Rev.) Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre AYES: NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner (Rev.) Gibson, adopted said ordinance by the following vote - AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8844. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public, 90 S E P 141978 37. AMEND SECTION 39-13.1 OF THE CODE - REVISING THE FEES AT THE CITY OF MIAMI GOLF COURSES. Mayor Ferre: Alright, we're now on item 1117 on First Reading amending Section 39-13.1 of the City Code for the purpose of revising the fees at the City of Miami Golf Course. Commissioner Reboso moves. Father Gibson seconds. Further discussion. Read the ordinance. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). AN ORDINANCE ENTITLED - 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. Was introduced by Vice Mayor Reboso and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 38. AMEND 39-5(1)(A) OF THE CODE BY REVISING FEES FOR USE OF MUNICIPAL SWIMMING POOLS. Mayor Ferre: On 18,First Reading, an ordinance amending subsection (a) paragraph (1) section 39-5 of the City Code by revising the amount charged for the use of City of Miami Municipal Swimming Pools. Plummer moves that.... No, you don't want to move it. Mr. Plummer: Mr. Mayor, I have no objections to moving that but let me ...I want assurances from the Administration and the Department because you know, one of the things as Father says being around for quite a while is you remember. You know, I can remember people coming up shaking fingers at this Commission when this was proposed before stating everything from the fact that we were racists,to the fact that we were going to create riots in the street and that's where we came up with the famous 25 cans admissions to pools so that we didn't exclude people from in fact, the availability of the pools. All I'm saying is I realize the cost of doing business is going up but maybe other people don't, and I want to make sure that we're not going to have those same fingers come up and pointing at us and shaking fingers at us that we're excluding the lower income people from the availability of pools, so I ask the Administration and Mr. Howard, I guess, is that still in your bailiwick? That they make a comment ... that this Commission be fully informed so if in fact we do have those people coming again we want to show them who did it. Mrs. Gordon: The two classes that I see that would be most affected are still not being charged the fee that youth who brings the cans and the Senior Citizen residents. Mr. Howard: We still get numerous use coming into the pools giving us 25 free cans they're not excluded. Anybody over 62 and who is a resident is also allowed into the pool free. We haven't increased the pool fee in 4-years and it's a very moderate increase only 10C for a child making it 25. ... A non-resident we have increased higher than that because we feel it should be for the City of Miami. SEP 141978 iiii,■ iii■i■i. r Mts. Gotdon: Mayot Ferret tesident. Mr. Plummer: l agree.. Yes but the foneeidelitl ..... Please, I don't have Mayor Ferre: Yes. Mr. Plummer: But I want it on the it in rememberance to history that Mayor Ferre: Plummer. Mr. Plummer: All you got to do is t i lint taottied about the. hotiqk any problem with. that.. record that we did discuss. this item keeping we went through before.. get 25 cans- and you go swimming fot free I'm going to get at least 100,000.from the Orange Bowl so.0n not worried about it. Rev. Gibson: Let me ask, how do you tell who Mayor Ferre: Identification. Mr. Howard: Right, that they would have Rev.. Gibson: I see, s a resident? we either ask them for their drivers. licens.e or any tax bill . We very rarely question a child it'•s. usually the. adults. okay. Mayor Ferre: Alright, Plummer Further discussion on 16. Oh, moves and Reboso second, or Gibson seconds. I'm sorry not on 16 on 18. Read the Ordinance. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Read the ordinance. AN ORDINANCE ENTITLED - 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 MIAMI MUNICIPAL SWIMMING POOLS; PROVIDING A REPEALER CLAUSE AND PROVIDING A SEVERABILITY PROVISION AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner (Rev. Gibson and passed on its first reading by title by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies wereavailableto the members of the City Commission and to the public. 39. AMEND SECTION 39-16.1 OF THE CODE - REBISING FEES FOR CHILD DAY CARE PROGRAM - REFERRED BACK TO DEPARTMENT FOR FURTHER STUDY. Mayor Ferre: Item 19 on First Reading. These are the fees charged for the Day Care Program. Alright. Mrs, Gordon: Can we hear from Joyce before we...? Mayor Ferre: First of all, Joyce before I recognize you, Mt. Manager, does a body want to address themselves to this? Mr. Grassier Yes, Mr. Al Howard will speak to the question,' Mr, Mayor. Mayor Ferre: Al. Mr. Howard: Yes. We have our fees now are just about the lowest in Dade County. We've also within the past year taken over a Day Care Center, the Edison Center, which has increased our cost. We have some people right now there fees are averaging about 13C a day in the Edison Center for Child Day Care which is 13 an hour. The increase here is just a $2.00 increase per week which is 40c a day across the board from all four centers. We have found in some of the centers where they're paying as little as 75Q a day for Day Care which includes meals quality day care, education, and supervision. We found that some of the people there are making as much as $17,000 and they're only paying as much as 75e or a $1.00 a day. We feel that the charge of $2.00 a week is really very minimal for the services that they get. We also find that now that we have a Trust & Agency Fund for the Day Care the money is taken ... it remains in the Day Care. We must begin to put into the program what we're taking out of it. This money would help into some degree to improve the facilities, improve the programs and also to improve training for the staff, so we feel that it's a very justified request we're making for the $2.00 a week. We do not feel that it would be an imposition on the people. It's a very moderate cost. The average cost in Dade County for Child Day Care is about $28.00 a day, without sliding scales. Mr. Plummer: .... Mr. Howard, I'm going to say the same thing as briefly as possible as I said last year. Your fee schedule, excuse me don't take that personal. The proposed fee schedule is without a doubt the host ridiculous, asinine thing I have ever seen in my life how anyone ... what number item is that? Ms. Lynch: 19. Mayor Ferre : 19. Mr. Plummer: 19, let me go to that thing. Under your proposed fee schedule, as I recall, that if you have more than one child you get down to the point where it could infact be 10Q a day for a child, you have I think three children. ... Yes, okay. Alright, you're getting down to under a dollar. Now, the way this City does business there is no way in hell's green acre that you can even process for a dollar. I'd rather see you give it for nothing than to cost this City money in the processing. Now, I, you know, it doesn't cost the City any less whether it's one child or many children, okay? You know, it cost us the same for per child regardless. Now, you've accepted and adopted a model that other schools have adopted and I see the rational behind it. But to come down under a dollar a day for a child,to me it doesn't make... give it for nothing. Give it for nothing„ but don't, you know, we probably cost around here $2.00 a day for paper work and we're charging $1.00. If we didn't charge it we wouldn't have the paper work we're a dollar ahead. So, you know, I said it last year, I've said it again this year. I just think that the fee schedule is unrealistic that's all. I'd rather give it away. I got no problem with that. Mayor Ferre: Alright, Joyce. Ms. Lynch: The fee schedule is discriminatory to middle income people for example, at my income level on the new fee schedule I would be paying $40.00 a week for my child and a non-resident of the City in the same ordinance would be paying $22,50. Mrs. Gordon: Why? Ms. Lynch: I don't know, .this the way the ordinance is written, 9a SEP 14197A • • Mayor Ferret How Much? is Lynch: $22.50, right. Mts. Gordon: Where is this set-up ifs here? Mr. Howard: Non-residents, we took the average. We. ate going to.... Mayor Ferre: I'm not worried about non, -residents. We're talking about residents. Mrs. Gordon: I don't think we should permit non-residents, frankly.. We have enough children who are children of our res.idents.., Mayor Ferre: Aboslutely. Mrs. Gordon: We shouldn't have a fee for non-residents. Mayor Ferre: I'll go along with that one. Ms. Lynch: Now, when you're talking about the people that could support the. program, which is the middle and upper income levels. Number one,at $40.00 a week the City Day Care Program is unjustifiable because for $38.00 a week Omni. International which made almost a million dollar investment only charges $38.,00. a week for their children, so what you're doing is forcing the people who do not have the mordv to pay for a quality Day Care Center to have their childrens in the Day Care :rogram and effectively eliminating the people of an income that can afford it. That can afford to keep the program going. The fee schedule is discriminatory, especially in the area of non-residents,where non-residents can pay less than a resident of the City. Mrs. Gordon: My personal feeling Al, regarding the discouraging the upper income child is the social affect upon this program because I've always felt that one of the better parts of our program was that we were able to bxing together children of all socio-economic levels where they could be with children who were of a lesser income level and higher income level and kids playing together getting to know each other so they weren't, you know, I'm better than thou kind of child. So I find objection from a different point -of -view and ... Ms. Lynch: I agree with you Rose. What it's doing is ghettoizing people. It's ghettoizing Mrs. Gordon: Yes. Ms. Lynch: ... the upper income children to go to the better Day Care Centers and lower income children, you might as well just call this a proverty program if that's what you want to do. Mrs. Gordon: And, that's not what we want. Ms. Lynch: The philosophy of this program when my first child started four years ago, was to get children of all backgrounds, all socio-economic levels, just as Mrs. Gordon said. What you're doing is forcing out any middle income people, anyone who can afford it,will send their child to another center. You know for the last seven months we've been telling you things like the children are playing in dirt. There's no playground equipment , there's no this, any middle income person who can afford it should take their children out of the center, because you're also in violation of your own City Fire Code by keeping 45 children in those centers. So if you pass this ordinance on first reading, second reading, it doesn't matter, if you pass it,it's discriminatory and I think you'd be liable to a lawsuit in this case too. And, I'll tell you this is just one of the typical instances, whether it's day care or anything else, we're parents or citizens, who- ever you want to call them are not asked for their input. No parent was told that there was any consideration about an increase in the fees. Mayor Ferre: Why is that Al? Mr. Howard: Well, we investigated and evaluated 22 Day Care Centers throughout the City to determine the ... Mayor Ferre: That's not the question. You know, I don't mean to interrupt you and I'm sorry, but I just... you know, what I got into a discussion with a little bit, and it wasn't an argument but a discussion with the Manager this morning, and on several occasions during the day it isn't what we do but how we do it that creates more problems you know, and we end up having problems of substance by 94 SEP 141978 et having problems of style you know, and we go from one to the other, and there ate a lot of things that are of substance that remain the same and we just get all confused because we approach things. It's not what we're doing,it's how we're doing it. You know, here's a very good case and point. Why weren't the parents at least brought into the process? You know, tell. them, look, we've got to do it, we're going to do it, now tell us what you say and have your say and have a discussion, it has to be an honest discussion and then if at the end of it you still feel that way, fine, okay, that's your recommendation but at least they gave them the opportunity for input. See, but by not doing it then all of a sudden the style of it becomes the substance. Mrs. Gordon: I think this ought to be deferred Mr. Mayor, and sent back to the Department and Department look at it with the comments that have been spoken today. I personally am opposed to the non-residents category at all. I don't think that we should cater to non-residents,period. Mayor Ferre: I agree with that. Ms. Lynch: May I say one more thing? Mrs. Gordon: Yes. Mayor Ferre: Wait, wait. Mr. Howard: If you eliminate it completely we consider the cost, but there have been times when there was not enough children. We had a waiting that filled one center and that's why they had that put in there previously. Mrs. Gordon: Well, I may be wrong Al, because I'm not up on it as much as I would like to be in order to say to you that I'm sure there's a waiting list that could be filling those slots but I'm apt to think that in a City as big as this with enough information being put out about our centers that you'd have a waiting list of resident children. Mayor Ferre: And, if we don't we ought to look into ... Mrs. Gordon: Then we're really in trouble. Mayor Ferre: Mrs. Gordon... Mrs. Gordon: I move the deferrment on it. Mayor Ferre: There's a motion to defer with regards to the fees. I really think that you ought to let the consumers in the process of making decisions. I'm not saying that the consumers make the decisions for us, but I am saying that they should at least ... Mrs. Gordon: Be involved. Mayor Ferre: . be involved that's all. There's a motion to defer, is there a second? Seconded by Father Gibson, that's item 19. Now the purpose of the deferral Mrs. Gordon, would you state that for the record? Mrs. Gordon: The purpose of the deferral is to review the rate structure with the consumers, the parents of the children and that,in addition to that recommenda- tion that's being made that you eliminate the non-resident category entirely. Mayor Ferre: Alright, is there anything else? Now, Joyce, so you don't get angry at me later on, I want you to understand that I'm not voting against the Administration's recommendation. I may vote for those increases and I want to tell you right now that I'm inclined to do so. Ms. Lynch: Right, no, on the first page which was Mr. Howard's memo to Mr. Grassie, the reason for the increases were with the addition of Edison Little River to the Day Care Program. Now, when a whole group of parents came to you and said we would like to have Edison Little River included in the City of Miami Program and if you will not take the monies from the basic program to fund Edison Little River and everyone was in agreement. Now, the increase in funds is justified because of the expenditures for Edison Little River. Now, if it were for increase services that would be understandable but deferment on this issue when they clearly state the fact that the increase of the fees is for the fourth Day Care Center does not seem to be logical. Mrs, Gordon: Another thing, Al, 95 SEP 141978 Ms. Lynch: or since you're the policy makers it just doesn't seem that cattying out your will. Mrs. Gordon: I need to ask you why the low-income area which is the Edison Little River isn't being funded by Title XX? Mr. Howard: Because we did..when Edison Little River was turned over to the City we did not get the funds with the program. We just had to take the program over. We did not have funds for Edison Little River...• Mrs. Gordon: But you're looking for the funding year though, you're not just looking for today? Mr. Howard: We're looking for funding for that. Mrs. Gordon: Of course. Mr. Howard: For the future years but we haven't had any ... one of the basic reasons is not the complete reason one of the reasons we want to sustain the program and we structure at Edison right now, that's the basic intent. full fee there. Mrs. Gordon: Will you be... the motion was to defer so over everything prior to coming back here. Mayor Ferre: Alright, do we need to vote on that? Mr. Ongie: Yes, sir. Mrs. Gordon: Yes, we have to have the roll call. Mayor Ferre: Alright. Call the roll, please. word on funding, but the if you read that .., do not have a good fee They're not paying the I'm sure you'll be going The following motion was introduced by Commissioner Gordon, who moved its: adoption: MOTION NO. 78-559 A MOTION DEFERRING CONSIDERATION OF REVISING THE FEE SCHEDULE FOR THE CHILD DAY CARE PROGRAM AND REFERRING THIS MATTER BACK TO THE DEPARTMENT OF LEISURE SERVICES FOR A COMPLETE REVIEW OF THE PRESENT RATE SCHEDULE AND DIRECTING THAT THIS REVIEW BE MADE IN CONJUNCTION WITH THE CONSUMERS OF THE SERVICE (PARENTS); AND FURTHER DIRECTING THE ELIMINATION OF THE CATEGORY OF "NON -CITY RESIDENTS" FROM THE PROGRAM. Upon being seconded by Commissioner (Rev.) Gibson, and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 90 the motion was passed • 40. AMEND 8731, THE ANNUAL APPROPRIATIONS ORDINANCE TO PROVIDE $35,000 FOR COMPUTER PROGRAMMING SERVICES; $25,000 FOR PROVIDING INFORMATION TO PUBLIC ON THE SOUTHERN BELL FRANCHISE ELECTION; $5,400 COMMISSIONERS' EXPENSE ALLOWANCE ACCOUNT. Mayor Ferre: Now, we'•re on item 1120. This. is, the. Annual Appropriations Ordinance to provide $35,000 for computer programming services needs in the conversion of City program to the new 136800 computer and to provide$25,000 for providing information to the public on Southern Bell Franchise and to provide $5,400 for the last nine months of fiscal year and the Board of Commissioner's expense allowance account. Well, that's very nice, all those neat little things thrown together in a little package. Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Gibson seconds. Further discussion. Read the ordinance, please. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Ca11 the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 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 APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, INTER -DEPARTMENTAL SERVICES, COMPUTERS AND COMMUNICATIONS, IN AN AMOUNT OF $35,000; TO PROVIDE CONSULTANT SERVICES FOR CONVERSION OF THE COMPUTER PROGRAM; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, IN AN AMOUNT OF $25,000 UNDER A NEW LINE -ITEM ACCOUNT ENTITLED, "SOUTHERN BELL FRANCHISE ELECTION - PUBLIC INFORMATION;" AND INCREASING THE GENERAL FUND, ANTICIPATED REVENUES, IN THE AMOUNT OF $60,000 FROM THE STREET LIGHTING FUND; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, BOARD OF COMMISSIONERS, IN AN AMOUNT OF $5,400; DECREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN THE SAME AMOUNT; FOR THE PURPOSE OF INCREASING THE EXPENSE ALLOWANCE FOR THE CITY COMMISSIONERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner (Rev.) 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 J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner (Rev.) Gibson, adopted said Ordinance by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None, SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO, 8845, The City Attorney read the ordinance into the public record and that copies were available to the members of the City Commission and Public. 97 announced to the S E P 141978 • 41. DEFER FILLING VACANCY ON CIVIL SERVICE BOARD UNTIL SEPTEMBER 23, 1978. Mayor Ferre: On item 22 I think we'd discussed this one to death and as far as 'nil concerned all we need to do really is just vote on it and ...are you all ready to cast your vote? This is on the Civil Service thing. Just write the name of the person that you select. Mr. Plummer: Mr. Mayor, ... Mayor Ferre: Yes. Mr. Plummer: ...I'tn going to be very unpopular by everybody) to vote. Mayor Ferre: Why not? Mr. Plummer: Mr. Mayor, first of all, I want to thank the people who ... have been nominated, They afforded me the opportunity of sitting down and discussing with them their thoughts as they relate to Civil Service. Mr. Mayor, this is no disrespect to either one of the two people because I have the highest respect for both. I ... to receive to my vote feel that it must be someone who shares my philosophy as it relates to Civil Service and I will merely without any further explanation, I did not feel that comfort in philosophy from either of the two. I express to you prior that it was my hope and desire that I could vote for one of the two or if any other names were proffered and I will tell you at this time as I have told you before it is utmost paramount to me that in the times that we are experiencing today that it must be someone who thinks in each one of our philosophy. I'm sure that's why we have two candidates. Now, I know that it is unfair to the Commission. It is unfair to Civil Service, but I am merely stating that I am not ready to vote. I do this at the jeopardy ofalienating two friends, but Mr. Mayor I must feel comfortable. Mayor Ferre: Okay, you made your point J. L., now what's your... what are you offering to do then? Mr. Plummer: Mr. Mayor, the only, you know, as you say, the majority of this Commission rules. It is my desire that it must reopened. We had no other candidates, I understand that. Mayor Ferre: J. L., without precluding anybody's right, you know, what's going to happen I don't think it's any secret that this is going to split 2-2, now that's just a guess on my part. Now, I think that with that attitude that you've taken which I understand you're entitled to, what in effect you're saying is you want to reopen this thing. Mr. Plummer: Well, you know, and I'm fully aware that when we opened it before that no one else filed. I'm fully aware of that. I'm fully aware of that. Mayor Ferre: Well, what does the Commission want to do? Mrs. Gordon: Well, I need to have some kind of guideline from you J. L.. Mr. Plummer: Okay. Mrs. Gordon: ... what your philosophy is that needs to be met as a criteria for whatever you know might result in a selection sometime, you know, and maybe each of us need to express some philosophy of what the characteristics we're looking for because ... Mayor Ferre: Can't be too much to the left, can't be too much to the right. Mrs. Gordon: what are we looking for? Mr. Plummer: Rose... Mrs, Gordon; I'm going to give you one criteria I'm: looking for and that 1 could find very easily in those two candidates and one is that it be a person who 98 • Meets the minority category that is not already on there and that means: that we have to have somebody who has, the. is, a female, because there isn't any on there, so that is the one major category and that,that also the major category is apparently a latin, so I thought that one of thetwo candidates had all of the qualifications that I was looking for, female and the latin. Mr. Plummer: Rose, that is, you know, that's your opinion.... Mrs. Gordon: I'm not saying it's yours but I'd like to know what you're looking for so that I might be more aware of who possibly could meet your bill. Mr. Plummer: Rose, both candidates met the criteria of being latin, okay. Mrs. Gordon: That's right, but only one could fit the skirtsline, Mr. Plummer: Both did not meet your second criteria, okay. Rose, I expressed before and I will, you know, I really don't have to express again, I think there are radical changes that need to be made immediately in the Civil Service System, immediately. Neither one expressed to me that they wanted to move that quickly. Now, you know, I appreciate them being honest with me, but I personally feel that if this City is honest and sincere in itsefforts to move ahead that we are going to have to have some drastic changes.. Some I agree with. Some T don't. But neither candidate expressed that they were willing or did they feel that it was proper to make those drastic changes. Mayor Ferre: I don't think that this is a session where we can get into too much of a philosophy of it. I would recommend tht we do one or two things. We either vote on this thing and I'm willing and ready to vote or the other thing is that we start all over again because if you're not satisfied with the candidates as you've expressed and for the reasons you've and this thing deadlocks then you know we're where we started and let's not waste anymore time on this and then let's get some more candidates and you can nominate the day or tomorrow or the next meeting in the meantime Civil Service Commission keeps on going with only four members. Mr. Plummer: Mr. Mayor, I'm aware of that you know, but let me express something else right now out in the open fully. Mayor Ferre: Well, let's get to the bottomline is what I'm trying to get to, let's get to the solution. We know what the problem is., Let's not talk about that. Let's talk about the solution. Mr. Plummer: Go ahead talk about the solution. Mayor Ferre: No, I'm asking you. I mean, I got my solution.. Mr. Plummer: If one candidate can get three votes so be it that's the the Commission.. Mayor Ferre: What do you want to do? Do you want to put it to a vote, Mr. Plummer: If you wish so be it, Mayor Ferre: Yes, but you just told... alright, I have no objections Mr. Plummer: You know, because I'm just going to abstain. Mayor Ferre: How can you abstain? Mrs. Gordon: What is the_ suitable idea or maybe it wouldn't, if the two candidates to the microphone and ask them questions? If some things about these people that perhaps I don't know or have as the devil would like to know it and I would be willing.... I'm fifteen minutes to be able to resolve the issue, and I think the clear. The issue that the Civil Service Board is working as 802 we could bring you have found not found I sure willing to waste issue is very of its capacity. Mr. Plummer: Mr. Mayor, there is another subject that I want to talk about Civil Service... I'll hold. Mrs... Gordon: Are both candidates here? Rev. Gibson: No, don't do that Rose. 99 on SEP 14 a78 ■ • • Mr. Reboso: I agree with that. MI MI Rev. Gibson: When is the next Commission meeting? mm In Mayor Ferre: 28th. Mr. Plummer: 26th, no I'm sorry 28th. = Mayor Ferre: No, the 24th.. Mr. 0ngie: 24th. Mr. Plummer: 28th. 4P Mfs{ Gordon: I Oust want to know, I Saw La Casa here about two seconds ago, but I don't know where. he. is now Rev. Gibson: When it's all over you+all are going to have 2 and 2 and then 1. Mayor Ferre: Alright, so I'm back to the question, how do you want to solve this, because Mr. Taylor is going to be angry at me because I told him before 5 weed have this Orange Bowl thing on the agenda and it's almost 5., We're almost with. you, just now, a couple of minutes now. J., L., it's your decision. Mr. Plummer: Mr. Mayor, if what you do is you're forced to vote on a 2-2 I'm going to abstain I'm telling you. Let me, here.., to me there's only one alternative. The alternative is, is that we open it up(for me) that we open it hack up and we give another one week deadline see if anybody else is interested and then we make. the decision in two weeks. Mr. Reboso: 28th. Mayor Ferre: No, September. Mr. Ongie: Oh I'm sorry. Mayor Ferre: 28th. You want to do that way or you want to put it to a vote? I don't care. Mrs. Gordon: •!r. Mayor, I'm very disturbed ab.out this situation as it's developed with regard to this appointment. I don't know, I understand J. L., as everybody is entitled to their own opinion and certainly nothing wrong with him having his opinion but there's four of us here and certainly we're precluding how every- thing is going to turn out, Mayor Ferre: You are absolutely correct. Alright. Mrs. Gordon: So I think we should proceed with a vote.. Mayor Ferre: Alright, if you will take a piece of paper and write down on the piece of paper who you would like to select and pass it down to the clerk Rev. Gibson: But, Mr. Mayor , let's say this, Plummer has already... I just want to be. clear... Mayor Ferre: I agree, but Rev. Gibson: Plummer has already indicated... Counselor, let me ask this; I just want to be. enlightened. Plummer has already indicated that he is not ready to vote.. What happens if we get 2-2 vote_? 1111 1111 Rev. Gibson: Wait, wait a minute... ■ Mrs. Gordon: Okay, let me tell you what's going to happen ..,. Mrs... Gordon: Father, just listen to me a minute. I remember when we were... you and 1 and the Mayor Kennedy were here, three of us to pick a Commission replacement at the time that we had a vacancy and we put Mr. Reboso in and at that time we had a situation where Mr. Plummer was in the hospital and could 'n t vote and you know, the only way we got you Mr. Reboso is because I switched, okay. Mr. Reboso: Are you ready to switch today again? Mrs. Gordon: I ain't saying what I'm doing but I'm simply saying you might do the sate thing I did befote so that Might even the score.. Mt. Plummer: Rose hasnow assumed theposture of and she'd tathet fight that switch. Mayor Ferre: Alright; now all you fighters and all you Matchers ate you re to vote? Mts. Gordon: Yes, let's vote. Mr. Plummer: Go ahead. Mayor Ferre: Alright, pass the papet down to,. Mr.. Plummer: Can I ab.stain? Mayor Ferre: Yes.. Mr. Plummer; I have no problem with that. Mr. Mayor, I'm advised by the City Attorney to abstain that I would b.e required and I have no problem with putting in writing my reason for abstention which I have done orally and I would be glad to reduce it to writing Does that comply with the law? Mr. Knox: Yes, sir. Mr, Plummer: Is there a prescribed form or I just give you the minutes? Mayor Ferre: Well, just for the record, why don't you just state it into the record. Mr. Knox: You can just state it into the record.. Mr. Plummer: Stating into the record,my reason for abstention is the fact that of the two candidatesproffered that they do not share in philosophy with myself and for that reason I will abstain from voting. Now, do I reduce that to writing? Mayor Ferre: I think that needs some legal clarification because then nforamfle, in other votes it might be very important in the future, like the appointment a vacancy on the Commission or other such things. Could a Commissioner on the basis of not agreeing with a philosophy abstain from voting on their two nominees? I guess legally you could, eh, I'm not that much of a George where are you? You're reading the Bible or is that the Charter? Mr. Reboso: What's the result that we have? W. 0ngie: The result is that each candidate has received two Mr. Plummer: Say that again.. Mr. Ongie: That each candidate has received two votes, it (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Rev. Gibson: ... and we ain't where we need to go. Mr. Plummer: Mr. Mayor, let me bring up something else to you. The manner in which the vote was taken can be altered. And I b.elieve that that manner is very simple that each candidate is named and then we take a vote. a 2-2 is a tie and as such is then either defeated or deferred, am I correct? Mrs, Gordon: Or you take another vote, give somebody a chance..... Mr. Plummer: You could take another vote and that way.,. Mrs... Gordon: You can keep on voting, remember when we went about seventeen. Mr. Plummer: Oh God, yes., sixteen for Gibson. Rev, Gibson: No, no, you had sixteen votes and you pulled me in to break that tie* Mr, Plummer; That's right. Rev, Gibson; That's right! I was not in those sixteen ballots. 101 SEP 141978 Mrs, Gotdont ao you got a nice big fat piece cif paper let's start. Rev. Gibson: I want to make sure ..,.. all those young fellows that you all couldn't agreeon and then all of a sudden Plummer says Gibson and I says okay" I'll take .. Mr. Plummer: You've cursed me every since, Mr.. Rebosot Does that mean that if we have a tie can We bring another tatididA Mayor Fevre: Yes. Mr, Rebosot ..., to break the tie? Mayor Ferre: Okay, that means you can bring another candidate .., Mrs. Gordon: There was a third candidate whose. name has never been submitted formally and apparently came in to you Mr. Mayor prior to the. deadline ..... Mayor Ferre: Who was that? Mrs. Gordon: . . Mr. Smith and I don't know him. Mayor Ferre: Oh, yes.! Mrs. Gordon: My office has a copy of the letter if she'll bring it to me give it to you. 411 Mayor Ferre: I have talked to Mr., Smith and he is a very impressive young man and he and I talked and I really liked him. I think he has a lot of talent. I think that he hasanother interest at this moment.. 410 Mrs. Gordon: Removed his interest. Mayor Ferre: No, he hasn't removed his interest. He's pursuing something that he's more interested in and if that doesn't work out he wants to get active in City affairs and I think he ... I'll be very happy with him anywhere. In fact, I' ve... Mr. Knox: Excuse me, Mr. Mayor, ... Mayor Ferre: Yes. Mr. Knox: I can read from the Charter. Mayor Ferre: Yes, sir.. Mr. Knox: The Charter provides that no members shall be excused from voting accept on matters involving the consideration of its own official conduct or where his financial interestsare involved. And, my statement was that ,.. my statement about the abstentions and making and enter into the public record is from Roberts Rules of Order and of course, while we've adopted those Charter provisions would supersede Mayor Ferre: Yes, but there is a point here and that is that if Plummer is not satisfied with either of the two candidates for reasons stated,I don't think that we can preclude him from the right of saying that he wishes to nominate somebody that will meet his requirements and I don't see how anybody in this Commission could object to that or anybody else, even though we've gone through a certain procedure of opening it and closing it and what have you. Mr. Plummer: Mr. Mayor, I think the only way that that could be done is if there were a majority feeling of deferment. Mayor Ferre: Okay, and that takes ... Mr. Plummer: I believe that would preclude the vote. A motion for deferment. Mayor Ferre: Plummer, I'm not going to argue with you because we don't go by Roberts Rules, in a very technical sense but I want to tell you,I know enough about parlimentary procedure to tell you that once there is a motion for a vote,and the vote is underway there isn't anything in the world that can stop;it under parlimentary procedure, 102 SEP 141978 It, Plummett The 'Vote is, not underway because I'•ye. not votedt Mayor Terre: We11t but the fact is, that and I'm not going to hold you to it but I'm just saying that you know, the fact is that I think all of us here are very flexible about this. Mrs. Gordon: J. L., I would have to say this to you and I don't think I'd be out of order if you wrote on your ballot none, if you please. so strongly about none. That you write none, that's your vote. (MR. PLUMMER INAUDIBLE BACKGROUND COMMENT) Mrs. Gordon: Well, I mean, I'm not telling you how to do it rather an extension, you vote. Mayor Ferre: You can't do that legally.. Mr. Knox: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Knox: Again, the requirement in the Charter is as to measures that are before the Conunission.In other words, Mr. Plummer may vote anyway he wishes as to an individual to include no vote for a particular individual. When that individual's name is inserted in the blank on the resolution that's when the Charter will require Mr. Plummer to vote and of course, he could vote aye or nay aL. that time. Mayor Ferre: I see. So in effect then we have okay, so we have parlimentary largesse to maneuver in and therefore Mr., Plummer I think the chair will rule on the advise of Counsel that I think what we have here is a tie and that since we're not being very strict on all these rules basically we're nowhere which means we start all over again, and therefore I will accept any other nominees and I'm sure that we'll go through this again and hopefully somewhere along the line we'll get somebody that three people can accept on this Commission.. Mr. Plummer! So, then what you then are proposing we will reopen it and hopefuly. Mayor Ferre: I don't see that we have any other. choice. That's what Father Gibson was saying and if we had paid attention to him we would have saved ten minutes and you wouldn't made me a liar with C.T. Taylor. I told him we'd be on the beer thing by 5, It's 5P.M. So, let's go on, come on let's get out of this thing one way or the other. Mr. Plummer: Are we saying that it's what? Mayor Ferre: What you're saying is that you're making a motion to postpone the whole deal. Mrs. Gordon: Well, okay, let me understand where we are so we, you know, proceed in an orderly fashion. We've taken one vote, is it your ruling that we're not going to take anymore votes, Mr. Mayor? Mayor Ferre: I don't think it's going to be any change, Rose. Mr. Plummer: It won't be no change, Rose, I don't think. Mrs. Gordon: You're not switching Manolo? I switched for you Mr. Plummer: Rose, let me tell you something, okay. Mayor Ferre: Well, but this isn't you. Mr.. Reboso: And, Rose, believe me that I will switch - Mrs. Gordon: I believe you would. Mr. Plummer: Mrs. Gordon: Mr, Plummer: Mayor Ferre: That's right. Alright, so we'll.., Alright, so there's,., You want a motion to defer and reopen for additional candidates, 103 II1•U1•■II■IIIII■IIIIIIIIIIIIiIIIII■om imunii■n■ii Mf. Plummet: I so move. MtS, Gordon: There's nothing else you can do at this tite.. Mayor Ferre: There's nothing Further discussion. Call the else you can do. Plummer moves, Gibson seconds.. roll. The following motion was introduced by Commissioner Plummeri who moved its adoption. MOTION NO. 78-560 A MOTION DEFERRING CONSIDERATION OF FILLING A VACANCY ON THE CIVIL SERVICE BOARD TO THE MEETING OF SEPTEMBER 28, AT WHICH TIME ADDITIONAL NOMINATIONS WILL BE CONSIDERED. tpon.being seconded by Commissioner (Rev.) Gibson, the motion Vas atld adopted by the following vote: AYES: Commisiioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R,, Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. FURTHER DISCUSSION: Mayor Ferre: Alright, now the floor is open for nominations and then on it on the 28th, okay? Mrs. Gordon: Well, you don't want nominations now, do you? Rev. Gibson: Mr. Mayor, I hope... Mayor Ferre: No, not if you don't want. Rev. Gibson: Mr. Mayor, I would hope that we wait until the 28th to make nominations. You know it disturbs me that ... Mr. Reboso: Okay, I agree with that. Rev. Gibson: ... because we already knew you all were nominated.... Mrs. Gordon: Yes, that's right. Mayor Ferre: I agree. Rev. Gibson: ... you know, and rather than to make hasty decisions, give Plummer ample time to ... and remember I'm doing this reluctantly, give Plummer ample time to find a person that he's willing to nominate or ... because I want to say to everybody I nominated the lady before. I'm going to nominate her again. Mayor Ferre: Alright. Rev. Gibson: Okay. Mr. Plummer: for this, ok, Mayor Ferre: Mr. Plummer: Mayor Ferre: J. L.... Alright, now that's over with, and C.T. you can hold me responsible because I'm going to delay you another five minutes. Oh, no you're not. Yes, because it's in the same text Mr. Mayor. You know, that's unfair to him he's been sitting here all afternoon Mr. Plummer: I'll try to make it shorter than five minutes. Mayor Ferre: Well, can't you do yours after we do this thing out I mean, Taylor has been here all afternoon. of courtesy to Mr. Plummer: Alright, I'll shut up but Mr. Mayor I want to come back to this 104 C10 ;1 Setvice thing Mayor Ferre: Fine) I'll recognize you but I know it won't be five minutes. A1tfght, now I'll recognize you as soon as we finish on this question of the Crange Bowl. Mr. Plummer: Fine. .' s 42 (A).DISCUSSION OF SALE OF BEER IN THE ORANGE BOWL. Mayor Ferre: Alright, Mr. Manager and Mr. Knox. Mr. Knox, are you on instructions of this Commission went and defended the matter hefore the court and Judge Ferguson with regards to the City of Miami's Orange Bowl,the bids to sell beer? As I understand from the papers the Judge ruled against us and the question of appeal is now something that I would imagine the way the City Commission has always functioned,unless you're otherwise instructed,you'-re supposed to appeal. Now, because it is an item of current interest and of concern,' thought it might be appropriate to give everybody an opportunity to discuss this at this time. Mr. Knox: As you indicated Judge Ferguson did grant an injunction against the City of Miami from negotiating with any entity other than the Miami Dolphins for the sale of beer in the Orange Bowl. His specific finding was as follows and I'm reading from the transcript of the hearing that was held in his court. It is the finding of this court that the Miami Dolphins do have the exclusive right to sell the product beverages in the Orange Bowl and that such resolution grants them the right if they so desire to sell beer and the exclusive right to them. Now if there's so question about the appeal I would like to point out to the City Commission that it is a fairly normal course for the City Attorney's Office to make appeals from adverse judgments where the City Attorney and the staff feels that there may be some likelihood that we would prevail on an appeal. In this particular case we do feel thatthere is sufficient law governing contracts that an appeal would not be a frivolous activity on the one hand. One the other hand ... Mayor Ferre: You sound like Plummer. Mr. Knox: ... the Judge based his decision primarily on considerations of what he determined to have been equity so that the appeals court will take the facts as it finds them. The fact that the court determined existed were that at the time that the City of Miami entered into a contract in 1967 awarding a concession for food, beverages and tobacco products it appeared to have been the intention of the parties that any food, beverage and tobacco products,that were sold in the Orange Bowl would be sold to that concessionaire. Based upon that fact that the events in the case indicated that at all times the City of Miami had regarded or appeared to have regarded that concessionaire as having an exclusive right then the court determined that this is what was in the minds of the parties at the time they executed the contract back in 1967 and the subsequent amendments to that same contract and upon that basis the court determined again that because of the City's behavior and the behavior of the Miami Dolphins with respect to the concession, that all of the parties intended that all beverages that was sold in the Orange Bowl would be sold by that concessionaire exclusively. The court further contended,again upon the record,that the reason that there was a prohibition against the sale of beer which appeared in the contract was because beer was illegal at the time to have been sold in the Orange Bowl and the court further concluded after hearing the evidence that once it became legal,then the Dolphins would acquire the right to sell it under the existing agreement and considering the behavior of the parties since the time that the agreement was entered into. It was our legal position that there was nothing in the contract which granted any exclusive rights to the concessionaire to sell beer. As a matter of fact, the City had a different interpretation about the provisions that were being construed by the court. Based upon contract law and the fact that there was no promise that the City made to the Dolphins with respect to beer that appears in the contract. We feel that there is some legal basis for making an appeal. Now there are practical considerations of course, that you would have to entertain and that's not within the scope of our activities unless some specific question is asked of us in that regard. 105 SEP 141978 • Mayor Fette.t Mt, Gtassie2 As I understand what the City Attorney has said is that he thinks there ate legal grounds for the appeal and he says that it is a question of) there might be practical considerations and he, which I guess is in your realm, which is not the law,it's a question of the practical aspect. Mr. Grassie: Well, I believe the City Commission remembers that it was my recommendation that the City negotiate with the Dolphins initially. I feel that in view of the holding of the court that the only reasonable course of action for us is to in fact do that. Mayor Ferre: That's your recommendation. Mr. Grassie: To negotiate with them. I do not feel that we should consider that they have an automatic right to sell the product) althought that may be their interpretation.. Mayor Ferre: Alright, here's where we're at then and Mr. Knox, you correct me if I'm wrong. For this Commission to do nothing means that you are therefore instructed to appeal. So we don't need any motions for you to appeal. The only thing that we need a motion for is to stop the appeal, and the only reason you would stop the appeal is for the purposes of negotiating. Now, from a ... (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: Well, that's my next point now. I'•m coming ... Mrs. Gordon: What was your comment, J. L.? Mr. Plummer: Simultaneous. Mayor Ferre: You can do both. Now, my next point is simply this, if we do appeal when is it likely that the Judge would... that the court date would be setup? Mr. Knox: The only guage ,that we can use is essentially what has happened with other cases that we've appealed and the appellant process even to get through the Third District Court of Appeal now appears to be more than six months. Mayor Ferre: So from a practical point of view as far as this season is concerned it's a moot point. Is there any procedure in which was can appear under an emergency nature? Mr. Knox: No, sir. Mayor Ferre: We cannot appeal on an emergency basis. Mr. Knox: No, sir. Mayor Ferre: So your recommendation then, and your statement is that it would take six months therefore any appellant procedure that we get into is not going to solve a problem for this season,so we would be talking about the 79 season and not the 80 season because as I recall their contract runs out in April of 1980, so all we would be talking about if we were to hid it beyond the Appellant, we couldn't bid it for six months,and if we bid it, if at all) we were to bid it last year would be for one season. Mr. Knox: Yes, sir. Mr. Plummer: Let me ask a question. As I recall, the proposal trade by the. present concessionaire was ... Mayor Ferre: That was Dan Paul and Joe Robbie doing that. Mrs. Gordon: That was the message you'all were getting out, remember. W. Plummer: It's my understanding the present concessionaire under his proposal will take two to three months to be prepared to serve, is that correct' Mr. Grassie: The figure I remember Commissioner is 45-days. Mr. Plummer: How many? )r, Grassie: 45-days I believe. 106 SEP 141978 Mt, ?lumnet: Which_ would almost preclude. this, season. Mrn Gtassie: If they were to wait until the piking system t.ere. to be installed before they served any beer it would cut out half of the season. Mayor Ferre: Mr. Grassie, let me ask you this question, because I have been told by several people and I've taken it upon myself to call and find out a little bit about this, that the system of piping draft beer is now in the monds of some of the major stadiums considered obsoiete,and the reason why it'•s. considered obsolete is because beer to be acceptable, to the consumer must be under 48 degrees fahrenheit,and that evidently in the piping draft beer system you cannot get below 44 or 43 degrees because when you get below that since the. freezing point of beer is 38 degrees the system clogs up and therefore they must serve the beer at the tap that's 44 degrees. I also understand that to go from 44 to 48 degrees in temperatures of 70 to 8G degrees, ambient temperature, that the time lag is extremely short,and that therefore even in northern climates where the temperature is even lower,that the big stadiums are getting away from refrigeration to tap beer and what they're going to,is other systems. Now, is that so or not? Mr. Grassie: The recommendation that was brought to you in terms of what the City ought to do Mr. Mayor,came,from one of the largest Beer Companies in the United States, I believe Schlitz. You're asking me whether they're right. Mayor Ferre: No, I'm asking you whether under your investigations you found out that what I'm saying might be the case in some stadiums around the nation. Mr. Jennings, I'm not saying that you did it, but I'm sure somebody in your staff has called the top dozen stadiums that serve beer and has asked that question. Mrs. Gordon: Mr. Mayor... Mr. Grassie: It's very possible that alternative methods which could I think possibly the direction that you're going,is whether or not there are alternatives that could be installed in less than 45-days,and in fact... Mayor Ferre: Mr. Grassie: ... might be preferable. Certainly the industry is evolving quite a bit and you've heard all the conversation about backpacks and this sort of thing. There are some questions about that technique. We can if you wish investigate alternatives which may do the job in the short run even if the long run answer based on the best technical advice we can get,turns out to be the piping. It also may be the case as you say that things that evolve to the point that that is no longer the best answer. Mayor Ferre: Well... Mr. Grassie: But we can determine that if ... Mayor Ferre: ... I'm going to express my personal feeling. I think that what we ought to do here is continue with the appeal which will take six months and negotiate at the same time and ... Mr. Grassie: I don't think that's possible Mr. Mayor. Mrs. Gordon: Mr. Mayor... Mayor Ferre: Yes. Mrs. Gordon: Are you through, 're not I'll wait until` Mayor Ferre: Yes. Mrs. Gordon: I don't think that's a good procedure. I believe, firmly believe that we should not appeal because we will... for the following reasons; 1. We'11 save legal fees, ok? 2. And, you all know I'm opposed to beer, but the majority is for it, so okay, figuring that you know, you're going to get your way anyway. I figure this way, if you get it going your main objective is to raise revenue. The sooner you get it going the sooner you're going to get revenue. So, it's just like a piece of income property if you're going to have a vacant apartment or store you're not going to get any revenue. It takes you a long time to make it up... Mr. Plummer: Rose... if you ill Ill•uiuiiiiuiie■ii ■ Mrs, Gordon, .,. so thetefote in my opinion you should drop the.appeal,you go into negotiationithe contract with the concessionaire is over and whatevei it is not too long.,. Mayor Ferret Mr. Plummer: Yes. assume that Robbie is going to agree. Mayor Ferre: That assumes on one thing,and that is,that Mr. Robbie isgoing to change his posture. Now, I want to remind you that when the Manager came. in with Mr. Robbie and recommended something you all voted and it went 4 to I was the only that voted for the proposal and I admit by the way that I was wrong in that. Mrs. Gordon: What are you talking about Maurice? Mayor Ferre: The first time we voted on this. Then the Manager went backto renegotiate and you all were right. Mrs. Gordon: It must have been 4 to 2 I never voted for the concession y mean the beer. Are you talking about the beer? Mayor Ferre: I'm talking about for Mr. Robbie's first proposal. Mrs. Gordon: On the beer? Mayor Ferre: On beer, everybody voted against it except me..', Mrs. Gordon: Oh! Mayor Ferre: I voted for beer. I was the only vote for i Mrs. Gordon: Oh, okay. Mayor Ferre: Then the second time around and I say I was wrong and you all were right. Father, you were right because he came back with a better contract.. And, the contract the Manager recommended mind you, not that Mr. Robbie recommended was very specific was 31%... Mr. Plummer: 301% Mayor Ferre: 301%, excuse me. It also was for only two years. It said that the expenditure for this new system would have to be paid on a pro rata basis and etc., etc., which met the requirements of most of the objections of the Commission but not all. Now I want to remind you that that was put to a vote and again the vote was 4 to 1. Alright, now... Mr. Plummer: That was coupled with a package deal. Mayor Ferre: That's correct, and then we went to court on this thing. Alright, now here's where we stand we've lost this matter. Now, where I differ with Rose is,that if we go to court on this thing and waive our right to an appeal and if Mr. Robbie says the only thing I will accept,is my first and original proposal and that is that you give me a six year extension, that it be at 30.5%, etc., etc., and that's all I will accept. We have lost whatever little opportunity we have to recoup this thing, so therefore, until we have a very clear understanding as to what Mr. Robbie is going to or not going to accept,I don't see how in the world we can give up our right to appeal. I mean once we give up our right to appeal,you can't change your mind next week, is that right George? Mr. Knox: Once the time for filing an appeal has Mrs. Gordon: What's the time, George? Mr. Knox: ... that... first of all, we've asked for a re -hearing. If that motion for a re -hearing is denied we have 30.-days within which to file .,.' Mayor Ferre: So we got time, okay. So in effect we don't have to make that decision today, is that right? Mrs. Gordon: Well, I would like to ask George if legally we could do this. Could we in order to show our good faith say that we will not appeal and then go into negotiations and if you're still within that time frame you can appeal you know, if you decide you want to do that you can, but at least you show good faith in the run ... 108 fact you saylok, Mr. Robbie.we.'re going really he.fair with you we want you to be fair with us and we.'re. going to waive the. appeal. Mayor Ferre: And suppose Mr, Robbie comes b.ack.and say, I have been fair to you and you have. my deal and that's it. Now can we then reverse our posture.? mMrs. Gordon; I think. you can? because it's by motion isn't it now? Mr. Plummer; Yes, but Rose, what I'm... look we can put the appeal, we can li then go to negotiate if we negotiate something that is, equitable it gets three Votes. on this Commission we just withdraw the appeal and we don't lose. II Mayor Ferre; That's right.. mm Mrs.. Gordon; Well, personally? I'm opposed to the mixed procedure, J. h. Mr. Plummer: Well, Rose, let me get back to another comment you made before:< ■ because.that's what bathers me more than anything.. Mrs.. Gordon: What? this system and he's, putting up $110_1O0D... Mayor Ferre: No, no? J. L.... Mr. Plummer: ... being taken out of our money. Mayor Ferre: ,...J.L. that is not so., The Manager's recommendation did not have that item in it, is that correct Mr. Grassie? Mr. Grassie.: It did not have the item in it that we put up any money, however, it is true that from the returns., from the profit that would come to the City there. would be a repayment of that capital investment which. is a permanent installation in the Orange Bowl.... • Mr, Plummer; Under Robbie's proposal we have. got to put up $220,OD0. to put Mr. Plummer: See., now you're talking about... Mr. Grassie.: ... just like any other permanent installation that we make in Orange Bowl that we pay for.. Mayor Ferre: It's not the same difference because zero —zero is zero, but'that'•s not zero —zero that means that we get moving.. Mr. Plummer: Weget moving but Mr, Mayor in two years the projected profit what, $280.,00.0? Mayor Ferre: And at that point we have a system installed. Mr. Grassie; For whom? For the. City or Mr. Plummer: Yes, Mr, Grassie.; For the City it would be approximately more than that. Mr. Plummer: There goes our profit in installation and it's for two years. Mr. Grassie; No, no, that's per year. Mayor Ferre: And then when you reach... Mr. Grassie; ... for each year we would make approximately $300,000. Mayor Ferre: And by doing nothing we are going to get nothing zero, zero, zero, Mrs. Gordon; .. exactly. And, also correct me if I'm wrong but Mr. Grassie,. the contract with Mr. Robbie expires in 1980 right? Mr. Grassie; On concession that's correct. Mrs.. Gordon: Any installations that are in the property belong to the leseor correct? Mr. Grassie: That's correct. Mrs. Gordon: Okay, s.o therefore, we have_ then ,, improvement whit ". catt bring us a return at that time if you''te going to negotiate with. s.oi e. other lessee. Mr. Plummer: Wasn't there a zinger in there Mr. Grassie that said that if he. was not the successful bidder on the re -bidding that we had to pay him x-nutnb.er of dollars? Mi MEM MEM • • Rev. Gibson: That's right. Mt. Grassie: Only if you have not amortized thecapital investment., Mr. Plummer: Yes. Yes. Rev. Gibson: Yes, sure. Mayor Ferre: Rut again... Mr. Grassie: That's simply a question investment. Mayor Ferret ... Mr. Grassie, what is before us is whether of iiot we Waive the - appeal? Rev. Gibson: That's right. Mayor Ferre: And, once we say we will not appeal not only would we look stupid but I question the legality of us changing our minds and then appealing it.. Now, all I think that we have to do in my opinon today isnothing, because if we do nothing,then under the rules and regulationsof the City of Miami, the Law Department appeals. If in the meantime you and Mr. Robbie are able to come to some kind of an agreement that you feel is sufficiently reasonable to bring before this Commission,you can do that and this Commission can vote on it. I'm perfectly willing to vote. I will repeat what I have said all along. I'm not going to change my consistency on this. I will vote for the recommended plan that you brought to this Commission and I'm not going to change my position on that. Mr. Plummer: That includes the scoreboard and the extension? Mayor Ferre: Yes, sir, I voted for it once and I'll vote for it twice, and if you, but that is not the will of the majority and I accept that. Now you come back with something that might be more acceptable to the majority and this Commission can make that decision at that time. Mr. Plummer: Fine. Mrs. Gordon: I would want... excuse me Father. George, you wouldn't rush tomorrow for instance and start your appeal would you? Mr. Knox: Oh, no, the only thing that we have to do is... Mrs. Gordon: You'll wait until the 29th and a half day,uh? Mayor Ferre: That's right. Mrs. Gordon: Okay. Mayor Ferre; And the 30-days hasn't begun yet because he's the Judge hasn't answered. Mr. Knox: Right,.. Mayor Ferre; When the Judge answers that'swhen the 30-days b.egiu. Mr. Knox: Right. Mayor Ferre: In the meantime there's no beer in the Orange Bowl. Mr. Grassie; Well, Mr., Mayor, you know, I really have to be honest with you, if were in the opposite situation, you know, if we had won the court case and they 110 requested a re -hearing SEP 141978 IIIII ■111111■I i • • threaten appeal it, I don't think this. City Commission would b.e very teceptiVe to talking to the Dolphins, '4tai;nr Fetre: I wouldn't ever do that myself personally in a negotiation Mr. Grassie, and I want to tell you something if. Mr. ... I voted for Mr. Joe. Robbie, ok? And, I'm willing to vote for the same dealagain, but I'm going to tell you something,if Mr. Robbie continues in this attitude,that the only way he'll play is with his rules and he can change them anytime he wants,and as far as I'•m concerned,and I just, you know, I've got the highest regard and respect for the man, but the point is that he wants us to make a concessionwhich is the only thing we have left,and we have to completely, that's a total • .. that's for somebody who has fought a battle,but not lost a war,and for you to say you have to totally surrender before I talk to you, unconditional surrender and then and you say, yes, but are you going to execute met ha,�I will not talk about. that until you give me total surrender and that is just as unreasonable because the fact is that our Law Department and other lawyers that I have talked to has specifically stated that the law might be on our side. And, the City Attorney says that there might be a reason for us to appeal. Now, the only know, what reason I'm not interested in that is because it's a moot question, you kind of a victory is it going to be when this goes on for a year and the concession is over? The people who are interested in bidding this are never going to sell beer in the Orange Bowl because it never will happen from a practical point of view, I want to make sure we all understand that , because the appeal is going to take six months minimum,and once that's done they may go to the Supreme Court, and when they go the Supreme you and I know that it will not be finished by the next football season, not this football season, not the next football season, and at that point, (repeat) the concession is over we've precluded beer for two years for no reason at all. It's a ... what they call a pyric victory because it means ... absolutely meaningless. So what we're doing is deceiving ourselves and deceiving those people who have high hopes of selling beer in the Orange Bowl. They're never going to sell beer in the Orange Bowl it's just not going to happen so it is a pyric victory. Mr. Plummer: Mr. Mayor, I think really you hit upon before a point and that is who's going to set the rules. Now, you know, it seems like to me that everytime we have gone into this so—called confrontation. We the rule makers are not making the rules. We get down to a point and water down to a point that we have meaningless victories as it relates to the Orange Bowl. Mayor Ferre: J. L., I'd like to parallel Joe Robbie to Ed Ball, okay, because they're very similar. Rev. Gibson: Sure are. Mayor Ferre: And, I think we're approaching this problem in a very similar way. Now, you know that we've been fighting with Ed Ball for years and years and we've had to go and do some very difficult things. •.=1111111i■111111111111111 III I I II 11 IIII II 1111III I110II■111111iiiu■iiuuiim■ m ■ Mayor Ferre: We are finally prevailing. Now, Joe Robbie is Miami's Ed Ball, and he is going to take us to court, and he is going to take us to the Supreme Court, and he is going to do everything unless he gets his way. Now, on the other hand, I don't think Joe Robbie has Ed Ball's money, and 1 really think that Mr. Joe Robbie is a lot more practical man, and I would certainly hope that in the interest of his making a little money, and the City of Miami making two hundred and some odd thousand dollars a year, which we can all do,if it all comes to an agreement very quickly, that he would sit down and negotiate something with Mr. Grassie, that is reasonable. For him to ask us for complete surrender before you sit down at the bargaining table, is unreasonable. It really is. I think the thing to do now is just to do nothing, for you to keep on talking and hopefully you can conclude this. Now that does not preclude that this Com- mission before the 30th day runs out, decides not to appeal. Rev. Gibson: Let me make an observation. Go right on. I'll wait for you. Mr. Grassie:I am sorry sir. Rev. Gibson:I serve it at least once a week. Go ahead. Mr. Grassie: I guess the point I want to make is, Joe Robbie is not in a position to make the city do anything in this regard. They can't make us do anything. Without the City Commission's approval, nobody is going to serve be':r in the Orange Bowi.Now, what we are back to, is a question of what is the interest of the City. What do you as a policy group want to achieve? Mayor Ferre: Sell beer in the Orange Bowl. Mr. Grassie: If that is your position, if that is your objective, then it seems to me that we have business proposition to face up to, and it is not a question of who the rule makers are, and who is not a rule maker, it is basically a a proposition of this city government, and a private sector person, who have to come to some agreement if our objective is going to be met.0ur objective. Not his. Never mind his. Our objective is get beer in the Orange Bowl. Now the only way we are going to get there is to come to an agreement. Rev. Gibson: )kay. Let me give you my opinion. I am for, --since I can legally do it, -- proceed judiciously with the appeal. In the meantime, as Mr. Grassie goes, and whoever else goes, to talk with Mr. Robbie, don't fail to let this be known. Number one, start off saying that you don't have the last word. I want to make sure that is understood. We have the last word. Make sure that is the rule of the game, but that you are, you know, there, open to find out. All right, and that you talk with Mr. Robbie,...you tell Mr. Robbie, that Kansas City has given 40%, and New Orleans has given 32%. These are the things you gave me, that Tampa, right over there on the west coast, much poorer than we are,has given 40%, that Denver has given 35%, that Seattle has given 39%, Oakland, 37%, L.A. 35%, St.Louis 33%, Washington, D.C. 35%. Mr. Plummer: The thing you are not saying is, how much do those cities have to put up, in installation cost? Rev. Gibson: I am going to get to that:Make sure you keep in mind that somebody offered us 41% and we didn't have to put up anything. No, 45%,..we didn't have to put anything. Mayor Ferre: It was 41, because it was 45 less the 4% sales tax. Rev. Gibson: All right. Okay, 41. I'll buy that. That's a devil of a lot more than 30. All right. So I hope the people that the people who represent us, -- you know, one of the things that really excites me about this staff,the certain time they knuckle under, and the certain times they just, bully. I want you to bully this time. And if you don't want to bully, you have choice, since you are representing me. I think it ought to be put on this table, part of the argument in the court was,we told you all to close this bid on the 25th day of August. Isn't that right Plummer? It was extended to the 5th of September. Now, one day in school tells me, that's kind of like a discretionary power, and the Judge says well they were operating as 'if'. They understood the minds of the guys who made the policy. Am I telling the truth counsel? Isn't that what the judge said? Now, you know,..:.careful. You can't tell the Mayor because he knows what liti- gation is all about. You know what I mean? I went to law school one day. SEP III 1378 • Rev. Gibson: isn't that right'oouht i? Tell the truth,' Mr. Knox: Yes, sir. Rev. Gibson: You didn't refer to that when you were reporting to us. So tell it all. One of the overriding or persuasive arguments in the court, and the judge took for granted, that by the performance of the staff, you know, they were acted in good faith for us. Tell the Commission that. Tell them. Tell them. So if I am lying,...you tell me like my mama used to say, stand up and call me a liar. But if I am not lying, you had better say I am telling the truth. Am I telling the truth? Mr. Knox: Yes, sir. Rev. Gibson: Tell the whole story. Mr. Knox: There was a paragraph in the complaint which was filed by Mr. Dan Paul on behalf of Mr. Joe Robbie and the Miami Dolphins which alleged that the compet- itive bids that were invited were illegal because of a failure to adhere to the provisions of a resolution which was adopted by the City Commission and which provided an August 25th deadline. This was filed in the complaint and it was not the subject matter of any legal argument, however as Father Gibson has already indicated and as was indicated from reading a portion of the transcript the court was pursuaded by the behavior of the parties with respect to each other, during the term of this concession agreement. Rev. Gibson: Now I think we could proceed. Mr. Grassie: I think it is fairly important though that we explore that a little bit. Rev. Gibson:Beautiful. Explore it, because I want you to tell me when we issue a mandate to close,...you see, I was about to let you off the hook, but I just can't understand, when we issue a mandate, to close, you tell us why you didn't close the bidding process,..people could offer bids, the last day was the 25th and you didn't open them, and use your discretion to go until,...you tell us. Mr. Grassie: Relatively simple, Commissioner. Rev. Gibson:Okay. Mr. Grassie: The assumption is, that what you intend, what you clearly indend, is more important than what you make up off the top of your head. Let me make that clear. Rev. Gibson: What do you mean by that? Mr. Grassie: Let me make that clear for you. Rev. Gibson: Explain that too. Mr. Grassie: It was very evident from the full discussion that we had of this item, that what you intended was, that after the two week period that was allowed to the Dolphins, that we have a significant, a useful period for bids from the private sector. You arbitrarily established two weeks for that. Now, in preparing the list of those companies across the country, that would be large enough to bid on this kind of concession, we ended up with people from New York, San Francisco,.. all over the country. Now, if we put out the RFP's, on the schedule that you set, these companies wouldn't even get some of these requests for proposals for three or four days. They have to answer. They have to prepare a proposal, evaluating the Orange Bowl, and deciding what they are going to offer you. Now, in the context of this City Commission not having a meeting between August 25 and this date, it seemed intelligent to try and give the industry enough time so that they could respond to you in the way that you very clearly intended them to respond. Give them enough time so that in fact they could give you a significant answer, especially in view of the fact that you wern't going to have a meeting to do anything about the bids that we received until this date. Now what is the purpose of having us receive bids on August 25, if you are not going to meet until today to do anything about it? What we did was attempt to give the industry enough time 113 MMMMET MMMMM M1116- to that we could get some good bids from them. You gave us 10 working days 0 get out to the industry, have them prepare a proposal and get back to us, Now, you know, from the mails, that leaves them about three days to do their work and prepare a proposal for us. It's just unreasonable. And to get your purpose accomplished, we gave them another 10 days. Rev. Gibson: Okay Mr, Mananger let me say this to the Commission, that the Commission isn't sharing all its hearing, and doesn't give a happy hoot, and what happens is what happens, -in this instance was much like a question raised this morning. I am happy to announce to you, that I didn't go one doggone step out of this city during the days of vacation. Mr. Mayor you might have been in Venezuela or Buenos Aires or some of the other places. I am sure Mr. Reboso you were here some of the days if not all of the days. Mr. Plummer, I am sure were, some of the days, if not all of the days. Rose, I am positive you were here some of the days, if not all of the days. If we are in Chittlin Switch and the Mananger or somebody else on the staff needs us, they know doggone full well how to get us, and ask us. I am saying to the Commission, I am announcing right now, either we are going to be the Commission or we ain't going to be no Commission. Mayor Ferre: I think we have now satisfied your requirements, --I don't know whether well or not, --and I think this matter has been discussed fully and I don't see that there is anything to be done at this point. Mr. Mananger,... Rev. Gibson: I think this. I think the time has come that this Commission, when it issues a mandate, that the staff either must report back to us, and say to us we can't fulfill the mandate or,..I'll tell you the way we do in the church. I see some clergymen out there. We make some changes. That's the way it happens. And I think that is out of respect. And I refuse to have anybody treat me the way this administration treats us. Mayor Ferre: We have two items, really, and what you are saying is that, I guess, that as a matter of procedure and out of courtesy,.. Rev. Gibson: Right,... Mayor Ferre:...that if something that is requested by the Commission is changed, that you inform the Commission that it has changed. I think that is a reasonable request. Mr. Grassie: That is a reasonable request, Mr. Mayor and members of the City Commission. We attempted to do that. Possibly we did not do so with a clarity that we should have, but at the time,... Mayor Ferre:You mean by calling our offices,and leaving us,.. Mr. Grassie:No,no,... Mayor Ferre:...or memorandum? Mr. Grassie: No, what we did was at the time that we sent out RFPs to all of the industry, we also sent it to you, so that you could see that there was a different date, but possibly that was not clear enough to bring it to your attention and we should have made more of a point of drawing that to your attention. Mayor Ferre: Well okay. I don't think we need to do anything formal about it, but I certainly hope in the future that things like that are important to the Commission, that perhaps the communication between that side and of this side, be a little bit simpler and clearer, so there won't be any doubts. Rev. Gibson: And make sure the same rule prevails about the matter you mentioned this morning about all of that redevelopment going on in the downtown,..remember that model? Mayor Ferre: I wasn't only talking about the Mananger. I was also talking about the Downtown Development Authority. 114 SEP i . Rev Gibson: Listen, the Downtown Development Authority isn't here WAN, I atn dealing with the philosophy and policy. I am not letting anybody off the hook. Mayor Ferre: I agree. Rev. Gibson: I am saying that the philosophy,...and until this administration understands that we don't plan to be yo yo's around here, you know..you know, Mayor Ferre: All right. Mr. Plummer: Mr. Mayor I think in all fairness, to both sides, that at any time that the administration cannot comply with the policy of this commission, that it be made mandatory that they notify each Commissioner for the purposes of possible objections, Mayor Ferre: Right,.. Mr. Plummer:...prior to taking a unilateral decision. I think it is only fai Mayor Ferre:Plummer that is a matter of records that is established by tradition in this City of Miami. Mr. Plummer: Well, Mr. Mayor, I am sorry,... Mayor Ferre: Mr. Grassie has been here for two years,and you have served the city for many years. I have served it for 10 years and there is no question that that is the standing rule in this and other legislative bodies in relation to the administration. And I don't think there is any question,...that is something that is a truism. I don't think that is something that needs to be emphasized. It is not only a matter that is within the purview of the charter, it is also a matter that is within the purview of experience and history, and tradition. And if the Mananger has not communicated clearly enough, I think it is a matter,I would hope, that it was a mistake, it was inadvertent and that we give him the benefit of the doubt, that he dealt with good faith and we hope that in the future things like this will not reoccur, and that there will be communications between the administration and the commission when there are changes of substance. Okay. Now, going back to the question of what to do about this thing, as I understand it Mr. Mananger, you are requested by this Commission to continue the negotiations with Mr. Robbie and not to preclude, --I know what your feelings are, and I know what your opinion is, -- but I think you have to in good faith try to come back with something that the majority of this Commission will accept. I want to tell you something. It is my personal opinion that that can be done. It is my personal opinion that that can be done, that you can get three votes on this Commission for a reasonable contract to serve beer in the Orange Bowl immediately. It won't be with the system until a system is property installed. Now, that is something that you have to work on. In the meantime I do not see why we should waive the only thing we've got left on this which is the appeal. Somebody else feels different, speak now. Mr. Plummer: Mr. Mayor there's one thing I want to put on the record. I want it very clear. As you know I raised this objection before, and I am going to continue to raise it. We sent the administration after passage of the straw vote, to negotiate beer and beer only. I have no objections to going in to a separate discussion on the scoreboard. I have no objections to talking about an extension of the concession but to me they are separate and individual items. We sent the administration to discuss beer. Nothing else. That was the only thing approved. And I feel that that is the orly thing that the discussion at this time should be limited to. If you want to open up discussion on other matters at a later time as individual items, fine. Do so. To me the beer is what we are talking, that is what the lawsuit is about, that is the whole nine yards as far as I am concerned. Rev. Gibson: And I vote that in the negotiating process. We don't tie this percentage business,....where's the Mayor?...we don't tie this percentage business to a lengthening of the contract. We will deal with the lengthening of the contract, at the proper time. I want to make sure that is in the record. Mayor Ferre: Anything else? Mr. Plummer: Mr. Mayor I would like to get back if possible, as you promised me, the time to do such. 115 S P 141973 4 1 • 42 (B). DISCUSSION OF COMMENTS MADE BY THE DIRECTOR OF THE DEPT. OF HUMAN RESOURCES AS QUOTED IN A NATIONAL MAGAZINE. Mr. Plummer: Mr. Mayor in relation to Civil Service, I am extremely concerned Mr. Mayor. You were the one who brought before this Commission the facts as related by the Executive Director, the comments made in a national magazine. The comments that this city was nothing but corruption,.. what other,...terminology to that extent. Mayor Ferre: Yes. Mr. Plummer: Now, this Commission including yourself felt so concerned about those comments that we invited without question or right of denial that he be here the following day and explain to this Commission, if there was an explan- ation. Mayor Ferre• talking about Bob Krause? Mr. Plummer: Yes, sir. WEE - Mayor Ferre: Well, you know,..the man, in defense of Bob Kruase, and I don't know whether he is here this afternoon or not, but he sat around at the next Commission day until 4 o'clock in the afternoon. Mr. Plummer: Mr. Mayor if we had to sit here till midnight, I am very concerned with a man sitting in the posture at Civil Service, which is the only area we can concern ourselves with, --we cannot where he sits in the other department --with another day going by that that man does not come here before this Commission and explain those comments. Mayor Ferre: Well, okay. Mr. Plummer: That bothers me. Mayor Ferre: I think you are right. Mr. Plummer: I am going to tell you something. One in talking was in that particular area. Mayor Ferre: Well, J.L. look. To move along, I agree with you, and what do you want to do about it? Okay. Mr. Plummer: I want that man to come here and to justify if possible, if any explanation he wants,..but by God, when those kind of comments are made to 50 million people, I think this Commission demands that something be done. Mayor Ferre: I agree. And let me tell you I personally took the initiative to talk to the man, and as far as I am concerned he gave me a satisfactory explanation and he was taken out of context. Mr. Plummer: Then let him come here and say it. Mayor Ferre: I agree with you nevertheless, that he should come here on the record and make the same statement to all of you. Mr. Plummer: Any statement he wants. Then let me judge. But as I am judging today I am going to tell you something. My judgment only speaks to one thing. You talk about that we have vacancy on that Board and that is concerning everybody, but priority and concern of this individual, those comments which have not been justified before this commission. Mayor Ferre: Okay. Mr. Plummer: What I am saying Mr. Grassie,....well it is not really up to you. Mayor Ferre: Don't say it again. You have already said it, of the areas that'I had problems 1�V $EP 14 19 Mr. (lamer: We are saying it in the text that he is the executive director of the Civil Service. Not as your department head. Now whatever the procedure is, I want Mr. Krause to come here before this Commission, say anything he wants to say. By God something has to be said on this record. mm Mayor Ferre: Plummer, please so we can move along. I think it is a proper request. I am sure Mr. Krause won't mind doing it. I am sure you will be satisfied with his explanation. We may as well do it tomorrow. We are going to be meeting in budget procedure and we can take 5 minutes off to do that. I hope it won't be more than that. e • Mr. Plummer: Fine. Mayor Ferre: I am sorry. Okay. Can we move along now? 43. EID ACCEPTANCE - PICNIC TABLES & EQUIPMENT. Mayor Ferre: Item 36. Picnic tables and equipment. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-561 A RESOLUTION ACCEPTING THE BID OF HUBERT H. HANSEN ASSOCIATES FOR FURNISHING PICNIC TABLES AND EQUIPMENT FOR THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $10,551.67; ALLOCATING FUNDS FROM THE PARKS FOR PEOPLE BOND FUNDS: AUTH- ORIZING THE CITY MLANANGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso , 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 SEP 14 1973 ., • 44. BID ACCEPTANCE - MMPD COMPUTER ROOM AIR CONDITIONIN 1978. Mayor Ferre: Item 37, for the computer air conditioning, for $12,000. Plummer moves, Gibson seconds. Further discussion? Ca11 the roll. The following resolution was introduced by Commissioner Plummer whO moved its adoption: RESOLUTION NO. 78-562 A RESOLUTION ACCEPTING THE BID OF ROY L. MALPHUS, INC. IN THE AMOUNT OF $12,400. FOR THE M.M.P.D. COMPUTER ROOM AIR COIDITIONING - 1978; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "FIRE FIGHTING AND RESCUE FACILITIES BOND FUND" IN THE AMOUNT OF $12,400.; 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: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre F 45. BID ACCEPTANCE - SITE WORK AT CITY OF MIAMI/ UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT. Mayor Ferre: Item 3L, the sitework at Knight International,etc. I guess we have to move along, Joe? Can't stop on that. Reboso moves, Plummer seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 78-563 A RESOLUTION ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT CO. IN THE AMOUNT OF $224,000. FOR THE CONSTRUCTION CONTRACT FOR SITEWORK FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT; ALLOCATING FUNDS FROM THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 118 EP 1 • (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 Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 46. AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSE TO COUNTY WASTE, INC; NORTH DADE SANITATION SERVICE, INC.; AND RAFAEL & ROBERTO TRASH SERVICE, INC. Mayor Ferre: Now the next is the consent agenda? Mr. Grassie: Yes, sir. Mayor Ferre: Ncw, that is from what to what? Mr. Grassie: That goes through item, Mr. Plummer: 39 to 50. Mayor Ferre: Can we just vote one thing? Mr. Plummer: You Mr. Mayor should read the following words, 'before the vote on adopting all items included in the consent agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the consent agenda. Hearing none, the vote on the adoption of the consent agenda will now be taken.' Mayor Ferre: All right. The question is that we just pass the ordinance,..I mean the resolution,... Mrs. Gordon: Ordinance,.. Mayor Ferre:..ordinance today. How can we vote on it,.. Mrs. Gordon: ..a first reading. I have no objections, you know,even we save time, but then again if we are going to be questioned as to the legality of passing all these. Mayor Ferre: How can you vote on something on consent? Mrs. Gordon: Not ready yet. Maurice, why don't we take the things people are waiting on, and do these later. Mr. Grassie: Well I think the City Attorney's office can explain that this is not a problem. Mr. Clark:The ordinance that you voted on on first reading, was simply a housekeeping ordinance to clean up section two of our code. This consent agenda procedure has been approved and can be passed as Commissioner Plummer read the preparatory comment. Mr. Plummer: In other words, the item earlier in the day did not speak to the consent agenda. 119 SFr 1 197 • MP. Gratsie: it was hot required for it: Mr. Plummer: I move,....is there anyone wishing to speak on any item on the consent agenda. Hearing none, Mr. Mayor,I move the consent agenda be adopted. Mayor Ferre: Is there a second to the motion. Seconded by Reboso. Further dis- cussion on items 39 through 50, which is the consent agenda? Seeing or hearing no objections, call the roll please. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-564 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO COUNTY WASTE, INC.; NORTH DADE SANITATION SERVICE,INC.; ANDDOING&BUSSBINESSS UPONTRASH FULLSERVICE, COMPLANCE�WITHPERMITTING CHAPTERTHEM 20 OFOMi THE MENENCE DO 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 being seconded by Commissioner Reboso , the resolution Wa5'. 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. 47. ACCEPT DEED OF DEDICATION FROM BLANCA NUNEZ, BLOCK 2, OCOEE PARK (2-100). The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-565 A RESOLUTION ACCEPTING THE JULY 28, 1978 DEED FROM BLANCA NUNEZ CONVEYING TO THE CITY OF MIAMI FOR HIGHWAY PURPOSES THE NORTH FIVE (5) FEET OF LOT 4, BLOCK 2, OF OCOEE PARK (2-100); AND DIRECTINGE RTY R OF THE COUNTYTYI TO RECORD FLORIDAORIDA (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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre AYES: 120 SEP 141970 • o Clerk.) in the Office of the City Upon being seconded by Commissioner Reboso 'n vote passed and adopted by the following Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 48. STREET CLOSING - GREAT COCONUT GROVE BICYCLE RACE TRIAL, OCTOBER 4, 5, 6 AND 8, 1978. ;�.." �' � �•• r. Commissioner Plummer who The following resolution was introduced by moved its adoption: RESOLUTION NO. 78-566 A RESOLUTION CONDITIONALLY AUTHORIING THE CLOSING LOGREINGOOF FNCERGAINE STREETS C THEO ONBE HELD TRIAL EVENTD12:00 NOON, RFOR THE GREAT BICYCLE RACE TO BE HELD ON W o A M AANDTRSDAY AND FRIDAY, OCTOBERVE4, 5, AND 6, 1978, BETWEEN 10:00 GROVE BICYCLE RACE TO BE HELD ON SUNDAY, OCTOBER 8,1978 BETWEEN 8:00 A.M. AND 6:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Commissioner Reboso , the resolution was Upon being seconded by vote passed and adopted by the following Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre AYES: NOES: None. .s. 49. ACCEPT COMPLETED WORK - ADMINISTRATION BUILDING - FOUNDATION WORK (REVISED). The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-567 D BY L. A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED.60 FOR MILTONL CONSTRUCTION CORPORATION AT A TOTAL COST OF $1E 92,316.60 NISTRATION BUILDING - FOUNDATION WORK (REVISED); AND AUTHORIZING A FINAL PAYMENT OF $20,400.00 (Herefollows body of resolution, omitted here and on file , the resolution was AYES; 121, P . 4 1976 4 • 50. ACCEPT COMPLETED WORK - LEGION MEMORIAL PARK - BOAT RAMP AND PARKING. The following resolution was introduced by Commissioner Plumper who moved its adoption: RESOLUTION N0. 78-568 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WEBB CONTRACTING, INC. AT A TOTAL COST OF $44,996.66 FOR THE LEGION MEMORIAL PARK - BOAT RAMP AND PARKING; AND AUTHORIZING A FINAL PAYMENT OF $4,499.67 (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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre AYES: NOES: None. 51. ACCEPT COMPLETED WORK - LEMON CITY PARK - COMF4UNITY DEVELOPMENT BUILDING DEMOLITION. • The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-569 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF INC. ATE TEOLOPMENOTSBUL CT OF IL ING4DEMOLLITOR THE ION; ANDEAUMON CITY R MUNITY DEV AUTHORIZING FINAL PAYMENT OF $344.30 (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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre AYES: 122 •II II III I I IIIII 111111111111=1111 ■i- 52 ACCEPT COMPLETED WORK - CONVENTION CENTER = BUILDING DEMOLITION - PHASE II (PATRICIA HOTEL) e o owing reso u ion was in ro uce' •y ommiss1oner ummer w o moved its adoption: RESOLUTION NO. 78-570 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC. AT A TOTAL COST OF $32,192.00 FOR THE CONVENTION CENTER - BUILDING DEMOLITION - PHASE II (PATRICIA HOTEL); AND AUTHORIZING A FINAL PAYMENT OF $3,219.20 (Here follows body of resouon, 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. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 53 ACCEPT COMPLETED WORK - WAINWRIGHT PARK IMPROVEMENTS PHASE II. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-571 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY B & G ELECTRIC,INC. AT A TOTAL COST OF $65,416.00 FOR THE WAINWRIGHT PARK IMPROVEMENTS - PHASE II; AND AUTHORIZ- ING A FINAL PAYMENT OF $6,541.60 (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: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 123 SEP 141978 54. ACCEPT COMPLETED - MODEL CITIES C.D. STREET IMPROVEMENT PHASE III (BID "B" DRAINAGE) The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-572 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $154,381.10 FOR MODEL CITIES PHASE III (BID "B" - DRAINAGE); AND AUTHORIZING A FINAL PAYMENT OF $18,288.59 (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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 55. ACCEPT COMPLETED WORK - MODEL CITIES C.D. STREET IMPROVEMENTS - PHASE II, BID "C" LANDSCAPING. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-573 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOD AND LANDSCAPING, INC. AT A TOTAL COST OF $20,286.88 FOR THE MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS - PHASE II, BID "C"; AND AUTHORIZING A FINAL PAYMENT OF $2,028.68 (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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A, Ferre NOES: None. SEP 141978 56. BID ACCEPTANCE - JETCOAT EMULSIONS COMPANY FOR EMULSIFIED ASPHALT. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-574 A RESOLUTION ACCEPTING THE BID OF JETCOAT EMULSIONS COMPANY FOR FURNISHING EMULSIFIED ASPHALT, AS REQUIRED, ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD, FOR THE DEPARTMENT OF PUBLIC WORKS AT A BASE PRICE OF $.30 PER GALLON AT A PROPOSED TOTAL COST OF $60,000.00 SUBJECTTO THE AVAILABILITY OF FUNDS THEREFOR; ALLOCATING FUNDS FROM THE 1977-1978 AND 1978-1979 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS MATERIAL (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. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 57. BID ACCEPTANCE - TWO 15 PASSENGER VANS FOR THE DEPT. OF FIRE - SENIOR CITIZENS FIRE SAFETY INSPECTIONS PROGRAM. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-575 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF TWO 15 PASSENGER VANS FROM MARSHALL CHRYSLER-PLYMOUTH, INC. IN THE AMOUNT OF $14,995.86, TO BE USED BY THE DEPARTMENT OF FIRE - SENIOR CITIZENS FIRE SAFETY INSPECTIONS PROGRAM, WITH FUNDS TEREFOR EXPENDED FROM THE FIRE DEPARTMENT CAPITAL IMPROVE- MENT PROGRAM FUNDS (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, Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 125 58. PERSONAL APPEARANCE BY MEMBERS OF THE IPNTER- NATIONAL FOLK FESTIVAL TO DISCUSS PLANS/FUNDING FOR THE 1979 FESTIVAL - DEFERRED. i ilk ?'` , • Mayor Ferre: All right. One of the items we are waiting on, Rose,.,. Mrs. Gordon: There's a lot of people waiting here. Mr. Plummer: They are all here. Mayor Ferre: What item are you here on Mr. Freedman? Inaudible remarks. Mayor Ferre: That's item #7. Right? Okay, go ahead. You are recognized, Item #7 which was deferred from the 2:30 to five,... Mr. Morty Freedman: Mr. Mayor and Commissioners, we are here today representing the City of Miami's International Folk Festival Committee regarding our budget for the coming year. We don't expect to take a long time. We don't have any slide presentations or movies such as you have seen in the past from different other groups involving festivals. I think we can be finished in 15 or 20 minutes if you will give us that much time. Mayor Ferre: Morty I am willing to vote on this right now as far as I am concerned. You know, I think you do a wonderful job and perhaps after that what we can do is shorten it a little bit. I have to be on a television program in 35 minutes. Mr. Freedman: Well, then we are asking for a budget appropriation, a cash appro- priation of $34,705.00 and an in -kind appropriation of $18,000.00 for this coming year. Mayor Ferre: Wait, I thought it was $19,000.00 that we put in cash. Mr. Freedman: No, that was last year. Mayor Ferre:Joe, how much did we put in? Mr. Freedman: We'd like the time to explain this to you if we may. At first I would like to introduce to you, very briefly, the people who serve the City of Miami on the Folk Festival Committee, and most of them have for a number of years, they work with no compensation. They put in many, many hours and many months of work and I think you should know who they are. I would like to go down the row here if I can. We also have some people here who are not members of the committee but who are supportive of the festival and have been involved in it. Wellington Rolle, outstanding community leader, Mimi Freedman, who I think you know, from the Chinese/Cuban community, Noili Gonzalez who represents the Brazilian/American community here, Det Joks attorney who represents the German community, Mary Borden, our Irish/American leader here, Alicia Baro, who was Mrs. Puerto Rican Community and,...I have a mental block, and Nora Swan, --excuse me Nora, who is everything in the art community in Miami, Mano Santano, Cuban/. American who is an official with the department of Publicity of the City, Sile Sauvigne who is public service director of Channel 4, representing the English community in this area,our friend Mr. Borden of the Scottish/American group, and we have a very active participant in the festival, Rev. Nitsch of the Hungarian community here in Miami. He represents the First Hungarian United Church, (pastor,excuse me, I am sorry), for the last two years, and his lovely wife here, Mr. John Mezey of the Hungarian Kossuth Civic Center, our PhD on the Committee, Dr. Lowe, who is a professor at the University of Miami, our Phillipino/American representative, Fred Ordonez is out of town, representing the Phillipino community is Mrs. Luisa 'Yu, who has been very active with the Festival and another gentleman,...what is it?...Mr. Santos, also. And then we have our very excellent,...dh, I am sorry, Rev. NagY of the Hungarian Church of the Reformation who is our, I believe, lone dissenter today on the Committee, and Ellen Heidt a school administrator in the public school system, and our Countess, Maria Dambski of the Polish/American community, and Elizabeth Pittman 126 SEP 1 1973 • • retired educator, and we have here with us, representing the Ukranian/American Club, Ms. O.Maksymowich but two Maks,mowichs 's, representing Kay Hodivsky who is out of town. Excuse me, Gloria Basila, the Syrian/American community, Bill Stirrup, one of Miami's outstaning civic leaders, and the head of our parade every year. Also Norma Darby of the Jamacian community here. And in the back row, Wilbert Sanchez, who is the director of the Mexican Tourist Council here. And Harry Escandon representing the Ecuadorian community. We have many who are out of town on vacation and a few who are ill and could not be present. Mrs. Gordon: You've got a regular league of nations in this room right now. Mr. Freedman:Now, these people incidentally represent thousands of other people. Not just themselves. I'll try to be as brief as I can. Two years ago, the Folk Festival, which is now going into its 8th year, --I wish the Mayor was here, to be with us about this--, Mrs. Gordon: He'11 be back, if you want to wait. Mr. Freedman: Should we wait? Mrs. Gordon: Wait until he comes back. Mr. Freedman: Is that all right? Mr. Plummer: Take a 5 minute break. Mr. Freedman: Thank you. Mayor Ferre: J.L. come on. Mr. Freedman: Mr. P•layor and members of the Commission, --- Mayor Ferre: We never are going to get a full commission. Mr. Freedman: The Mayor said go ahead. Mayor Ferre: Go ahead. You are never going to get a full commission. Mr. Freedman: I hate to keep these folks from dinner. Mr. Plummer: I'm here. Mayor Ferre: It is 6 o'clock and people are walking around, making phone Go ahead. calls. , Mr. Freedman: As you know we are going into our 8th year with the City of Miami International Folk Festival. It is the only festival of any kind in this community that caters to every ethnic group nationality, religion and what -have -you. We are not for just one segment of the community, or one ethnic group, we are for everybody. Two years ago our budget was $30,000.00 in cash and $15,000.00 in in -kind services. Since that time we have gone for the past two years down to $19,000.00 in cash and $11,000.00 in in -kind services. We have literally walked on egg shells trying to save money and never to be over our budget. I think we succeeded. As a matter of fact this year we turned back to the general fund from our $19,000. some $1800.00 which we did not spend. Now, we have here a table on contributions by local govern- ments to festivals and public events of this nature in this community. And you will notice it shows the number of days of the event, the number of days it is open, how many years it has been established, who's the sponsor or supervises it, and what it got the city or the county. Now in the case of the Miami Beach Latin Fiesta, of course that is in the city of Miami Beach, the Israel Jubilee was the City of Miami Beach and the county. The others here are City of Miami and Dade County. You will note in 1978 we received a total of $30,000.00 cash and in -kind services. Hispanic Week which sponsored by Dade County got a total of $40,000.00, the Miami Beach Latin Fiesta got $51,000.00, Israel Jubilee received a total of $50,000.00 from the City of Miami Beach and the County, and also received $25,000.00 from the Jewish Federation. Mayor Ferre: Morty I don't mean to be rude to you, but you know you said half an hour and we have been gone for 10 minutes, and all that. I have had a call 127 S E P 14 1978 i• tp, • ■ now, and postpone a television taping which l had at 6:30. they told one they would do it only till 7 o'clock. And I want to let you know I will be leaving here in about 20 minutes. Mr. Freedman: Okay, we will be done by then Mayor. Mr. Plummer: Well Morty we have one other item to take up. That's the problem. Mr. Freedman: We will try and be done in 15 minutes. Mr. Plummer: Can I ask about 30 seconds worth of questions. Mr. Freedman: Sure. Mr. Plummer: Morty last year, 78, how much did you get from the Cit, Mr. Freedman: How much what? Mayor Ferre: $19,000.00. Mr. Freedman: $'.9,000.00 cash and $11,000.00 in -kind. Mr. Plummer: Okay. And you generated how much in revenue? Mr. Freedman: We generated thirty, --let me see,...$35,... just a second, I have it right here, $35,000. Mr. Plummer: Let's stick with round figures. Mr. Freedman: Approximately $35,000. Mr. Plummer: Round figures is fine. Mr. Freedman: Good. Mr. Plummer: Now, for 1979, you project how much revenue, same. Mr. Freedman: We are asking the City,... Mr. Plummer: No, revenue,... Mr. Freedman: We project $39,625.00 that will generate Mr. Plummer: Let's call it $40,000. for round figures. Mr. Freedman: Right. Mr. Plummer: What are you asking this commission today Mr. Freedman: $34,705.00. Mr. Plummer: Okay. What in -kind? Mr. Freedman: $18,000.00. Mr. Plummer: $18,000.00 in -kind. Okay. Mr. Freedman: I might point out that for the past two years in the in -kind services,, we have had less police protection and fire protection than what those departments have recommended simply because we didn't have more in -kind services to work with. more...less, the Mr. Plummer: Morty if I can cut through, it seems like using your projections you are asking this city to increase its hard dollars by another $10,000. Mr. Freedman: That's right. Mr. Plummer: Is that correct? SEP 14 1978 IIIIHHiiii 111111111111111111111111111111111111111111111 Mr. Freedman: That's correct. Mr, Plummer: Is that correct? That's the bottom line. Mr. Freedman: That's the bottom line. Mayor Ferre: He wants to go from $19,... Mr. Plummer: He wants to go from 19 to 34. Wait a minute,...now 1fsten Then 18 is in -kind, gives you $52,700. You are going to generate revenues of 40 which means we have to come up with,....no, $12,700. Mr. Freedman: What we are asking,...$30,000. Am I wrong? Mayor Ferre: I want you to be my accountant. When you can come up with figures like that, that's all right.Man, that's all right. Mr. Freedman: No, its 15,.... Mr. Plummer: It's more. Mayor Ferre: The difference between this and this is $15,000.The difference, between this and this is $7,000.00. He wants $22,000. Mr. Plummer: $22,000.00 total is correct. Mr. Freedman: Right. Mr. Plummer: I am just trying to get to the bottom line. I am not trying to make figures for you. I hate to say it, but you know knot -head is correct. Mr. Freedman: It is an increase of about 15 thousand, something. Mr. Plummer: No, 22. Mr. Freedman: You are counting the in -kind also. Mr. Plummer: In -kind or out -of -kind, it's all dollars. Mr. Freedman: It's 15 and 7 what it is. Mayor Ferre: It is a 60% increase. Mr. Freedman: Right. I would like to mention that I received information, I think it is correct. If it is not correct I would like to know about it. But I understand that the new city budget calls for us to get 19 thousand again and 11 thousand in in -kind services, that it calls for the Greater Miami Latin Fiesta to get 42 thousand which I believe is cash, and Idon't know what the in -kind services are. Yes. $42,000. Mr. Plummer: Yes. That's right. Mr. Freedman: Then there's an item which combines the Cuban Music Festival Little Havana Community Festival, Cuba Encuentro, and Hispanic Heritage which amount $26,400.00 and then the Kwanza and Goombay Festivals which total $16,000.00. Now we feel and all of the people here, with the exception of Rev. Nagy, we feel that this is unjust in terms of what our service has been to the City, and what the Festival has meant to the City and what the attendance has been at the Festival. We want to expand the Festival. We want to make it greater just as Mr. Grassie has said from time to time, it should be bigger and better and more quality, and that's what we are trying to do. And we want to do the best we can for the City. We feel that we certainly out of this $103,400. for festivals, we certainly are deserving of this when we generate twice as much more in cash as the City gives us, and half again what the City gives us in cash and in -kind services. 129 SEP 14 197,3 • Mayor Ferre: All right, Mr. Grassie, you want to respond as to what,..,then we will hear from Rev. IlagY , and then I'll give it back to you Morty4 then you continue, and then we will wind it up. Mr. Grassie: Mr. Mayor, this is,...1'm really in a very difficult position for the 5th or 6th time today. So far,... Mr. Plummer: But it feels so good. Mr. Grassie: Yes. Right. So far you have approved $300,000. for retired employees which we don't have, $5,000.00 for Hispanic Week which we don't have, $5,000.00 for Little River which is not budgeted, and $8,000.00 for the City Clerk which we don't have. Now, what can I tell you? What you are doing is approving expendi- tures with no funds. Mr. Plummer: That's why the Mayor's signing the check, the rest of us Commissioners don't mind voting for it. Mr. Freedman: Well what about these other funds for the other festivals, Mr. Grassie? Mr. Grassie: You are possibly justifiably incorrect, but you are incorrect in terms of the budget including any amounts specified for any festivals. What I said to the City Commission earlier, and you know, what I'll try and repeat now, is that based on the experience of the current year, we have put in the budget lump sums to take care of this kind of event. Now, in coming up with that estimate we have based ourselves on history, but we have not put into the budget a specific amount for anything.What I am saying to you is, there is no guarantee in the budget, and we do not ask the City Commission to approve nineteen thousand dollars for you, or forty-two thousand dollars for the Latin Fiesta, for next year. What we have is a budget which is designed to take care of your event as well as all of the other community events. But that will have to be budgeted,...will have to be distributed to all of the potential users of that fund. Mr. Freedman: I am certainly not questioning your word. I can only tell you that someone in your budget department said that our $19,000. comes out of publicity funds, that there's another $84,000. and they broke it down and said $42,000. for the Latin Fiesta because that's what they requested, and then broke it further down, $16,000.00 for Kwanza and Goombay Festivals, and $26,400. for these others. Now, that's all I can tell you. Mr. Grassie: But that simply reflects this year's experience. Mrs. Gordon: Did they get $42,000. this year? We never approved $42,000. for; the Latin Festival. We approved $18,00n,.... Mr. Grassie: Oh, yes, you did Commissioner. Mrs. Gordon:..if what you are saying is a fact. Mr. Grassie: I'm afraid you did. They brought in their budget and you approved it, the way you have approved 3 budgets today. Mrs. Gordon: For $18,000 yes, we approved $18,000. plus $13,000. in -kind, and that budget figures that you just heard recited, don't include any in -kind, as I understand it. Correct me if I am wrong, but I don't think it does. Mr. Grassie: One of the discusssions that we want to have with you during the budget session is to try and make clear, and we have tabulated these things for you, is to try and make clear the impact of these one -by -one decisions that you keep making. You know, where you say to people, as you did twice today, that yes, we are going to give you cash and we are going to give you in -kind, when there's no budci&t for it.We have ended up with hundreds of thousands of dollars of expense for this sort of thing. 130 S P 1 41978 ■ Mrs, Gordon: You are talking about the retirees, and we are talking about items which are totally unrelated to that item, Mr, Grassie. Mr. Grassie: No. Mrs. Gordon: I don't want to be argumentive. I certainly don't want to delay this meeting any longer than necessary, but 1 feel personally resentful of the fact that a activity which has been a very successful city function under total control of the City, is treated as a stepchild. I don't cotton to that really, honest to God. Seriously. And if you have a budget for festivals, I think your major concern ought to be the International Folk Festival simply because it is dealing with people of all different ethnic groups and nationalities. It is not a particular --but it certainly doesn't exclude any particular nationality. Mr. Grassie: No argument with you Commissioner. The point is not with the regard to the merit of these festivals, and I was talking about the Hispanic Week and the Little River, other festivals. It is not a question of which one is better. What I am saying to you is, that you are spending money that we don't have, that is all. Regardless of the organization. Mrs. Gordon: In the lump budget, there is an item for the Hispanic Week. Now, I grant you it is budgeted for 78-79. Okay. True. But I don't know whether or not the sum we granted them today was in the budget for 77-78. I don't know. It might very well have been. That doesn't change. The request is to expand and improve the festival, and you yourself was a proponent for that procedure. And I would expect that you would make a recommendation that the additional money needed for the expansion and improvement of this festival, which is our festival, nobody but you and this commission, and this committee are responsible for the success of this, that you would recommend that the appropriate amount of funds be granted from the budgeted figure that is in there, and that all others who are operated by others, receive proportionately less. Mr. Grassie: Basically what you are talking about is making a decision on next year's budget now, out of context of the rest of the discussion. Mrs. Gordon: That's what the request was. Yes. Mr. Grassie: Which of course, you can do. But that is the sort of thing that you are going to get into when you get into the budget, all day tomorrow and all day Monday. It is that kind of discussion. What sort of thing do you want to support next year. There's a place for that. Mrs. Gordon: That's true. We are going to make final decisions when we have our full blown hearing. But apparently this discussion,that's going on right now was based upon the fact that the tentative budget reflected an inequity.That is what I gather the reason all these people have come here to be with us instead of at their dinner table. Mr. Freedman: May I continue. We have a few people who want to speak Mayor. Bill Stirrup, you want to come forth? Alicia is going to speak to us. Mr. Bill Stirrup: Mayor, and members of the Commission, personally I think it is a waste of time, because you know as well as the people of Miami, the great asset that this festival has been to our community. And if you sit here and let one disgruntled person destroy this, or does the majority rule? Or does one monkey stop the show? Mayor Ferre:Mr. Stirrup excuse me, that's not in question here this afternoon. I frankly don't think that we ought to address, you know, the destruction of the Folk Festival. That's not even in discussion now. Mr. Stirrup: Well I feel that you should approve the budget as asked. Mayor Ferre: What we are discussing here as I understand, I'll give you my opinion,there'sno question that I am voting for the Folk Festival. The only thing I have to decide is how much. Mr. Freedman: Mr. Mayor we realize that and we have been in a situation the last couple of years where we come in and we are told how little money the city has, and that we can only have $19,000. And then we watch others come 131 S E P 14 1978 • • in and get as much, or more than we have been given, and we have been established. That is what hurts, after all the labor and work we have put in. Mr. Plummer: Morty let me tell you, I went on the record, because I was the one who moved for the Latin Fiesta, and I went on record right then and there of telling you to go back and get your budget, get it together, get it soon, and get back here. So you are doing no more than what I and this commission requested of you. Now, let me go a step further. One of the things that has not been said here to me, which is very, very important. All of these festivals are important. Let me say that to you. The more festivals this community can have to draw more people, I .am all in favor. And Morty, you and I had some serious words when I voted for the Latin Fiesta. Okay? And I realized your position. But let me tell you something. It was just one more, and I am all in favor of that. I really am. I don't think we can have enough of them. There comes a point of what we can afford. Let me tell you the point that to me is most important. We are spending taxpayer's dollars, and the one thing that has not been said, is, if you broke down the number of people that enjoy that Folk Festival by the thousands, compared to the dollars spent, it's damn cheap money. And as far as I am concerned, I am behind you and a lot of other things have to go because to me, you people have been in business now, for whatever, the 6,7 or 8 years that it is,.... Mr. Freedman: Going into the 8th year. Mr. Plummer: You have proven that it is a success. The people of this community have proven it is a success, and as such, to me this commission would be derelict if we did not adequately and properly fund what the community is enjoying.Now, I don't necessarily agree with every figure you've got on this page. I am going to tell you that, and I am not willing to sit here right now and say to you I am willing to vote for this total you have proposed. I think this Commission has to scrutinize this budget. I think this commission has to sit down and realize that we can afford this and can't afford that. If we have to knock off a bicycle race. I am not saying that please,...then we have to do it. But we are, in my estimation, a responsibility to govern to the mass of people. I tell you, I am not hardpressed to find dollars that is spread around as much, and enjoyed as much as that Folk Festival is. I think Mr. Mayor the proper thing to do, is to take this,...the first time I've seen it is today,... Mr. Freedman: Yes, I know. Mr. Plummer: I think this Commission should take this budget, as well as the administration, and I think as far as I am concerned, I made a commitment if you want to call it that, that that Folk Festival should get no less than what the Latin Fiesta got. Okay. I made that. Mrs. Gordon: Take into account,... Mr. Plummer: As far as I am concerned, we've just got to find the money. Mrs. Gordon: J.L. take into account the bicycle, is not a expenditure. It is a contribution by the private sector that pays for it. It has to balance on the balance sheet you know. It is in and out. Mr. Plummer: Rose, I wasn't picking on the bicycle race. Mrs. Gordon: I just wanted to point that out so the records will reflect that you mentioned that. Mr. Plummer: As long as I can beat Maurice Ferre on a bicycle,I didn't bring on that on particulars. Mayor Ferre: I am going to have to leave in about 2 minutes. Mr. Plummer: I make a motion Mr. Mayor that this matter be deferred for hopefully for a period of two weeks,giving the Commission and Administration the time to sit back and properly analyze, and that this matter be scheduled on the agenda for September 28, hopefully by then we will know more about budget, we will know more about where we have dollars and what we can do and what we can't. 132 SEP 1 1 1978 MayorFerre: All right. There's a motion. Pose Gordon seconds it, Further discussion? Call the roll. Plummer: Excuse. Mother of the festival would you like to make the motion? Mrs. Gordon: No, that's okay. Mr. Freedman: Can I just bring up one other thing? Mayor Ferre: You can, but you won't have me here.. Mr. Freedman: Okay. I am sorry. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-576 A MOTION DEFERRING CONSIDERATION OF A REQUEST FOR FUNDS BY THE"INTERNATIONAL FOLK FESTIVAL COMMITTEE" UNTIL THE MEETING OF SEPTEMBER 28, 1978 Upon being seconded by Commissioner Gordon , the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: I'm voting yes but I am understanding that is with the intent of increasing this budget proportionately to what it deserves from the budgeted item in the proposed budget. Mr. Plummer: Let me put on thing on the record Morty, so we might as well bring everything on top of the table. Rev. Nagy has made some very, very heavy accusations basically that you as director are going to benefit in this increase. And I think we ought to put that right up on top, because don't let somebody say oh, look here, what I found. Let's put it up on top of the table. I am sure this budget, and I haven't it, contains what is dedicated to Morty Freedman, and the fine job you are doing. Let's put it all on top of the table. Mr. Freedman: It has always been on top of the table. Mr. Plummer: So, that when we come back we can address that properly. Mr. Freedman:Can I mention one other thing?I know the Mayor has to go, but we are in a situation right now where we've turned this money back to the general revenue fund. We don't even have any stationery left. We are told we can't buy any staionery until the new budget comes in, and I don't know exactly when thay will be. We should be writing some letters right now. We can't even do that. Mr. Plummer: What do you need Morty? A couple of hundred dollars? Mr. Freedman: We need like maybe $500.00. Mrs. Gordon: I'll move that. Mr. Plummer: I'll second it. Mrs. Gordon: And that is part of the budget that they will ultimately get. Mr. Plummer:...understanding that will come from whatever is delegated,... Mayor Ferre: The motion by Mrs. Gordon, seconded by Plummer. Futher discussion, Call the roll. 133 SEP141978 The following (notion was introduced by Commissioner Gordon Who moved its adoption: MOTION NO. 78-577 A MOTION AUTHORIZING AND DIRECTING THE CITY MANANGER TO MAKE FUNDS AVAILABLE TO THE INTERNATIONAL FOLK FESTIVAL COMMITTEE IN AN AMOUNT NOT TO EXCEED $500 FOR PURCHASE OF MISCELLANEOUS OFFICE SUPPLIES, SUCH AMOUNT TO BE DEDUCTED FROM THE COMMITTEE'S FY 78-79 ALLOCATION 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 Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 59. REQUEST MODIFICATION OF THE PROPOSED ORDINANCE AMENDING THE DADE COUNTY CODE ENTITLED 'FIXED GUIDEWAY RAISED TRANSIT SYSTEM - DEVELOPMENT ZONE'. Mayor Ferre: Mr. Grassie do you need me for anything Mr. Grassie: That item that has just been passed out emergency item because it relates tc a county action Mr. Plummer: Mr. Fosmoen, do you recommend? Mr. Fosmoen: Yes, sir. Mr. Plummer:I move it. Unidentified person: Thank you very much. Mayor Ferre: Plummer moves a resolution requesting the modification of the proposed ordinance amending the Dade County code by adding Chapter 3-C entitled 'fixed guideway rapid transit system development zone' is presented for the second reading before the Dade County Commission September 19. Moved by Plummer, seconded by Reboso. Call the roll. Mr. Ongie: Now? Unidentified: Yes. Mayor Ferre: Ca11 the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: else? is a relatively an proposed for the 19th. RESOLUTION NO. 78-578 A RESOLUTION REQUESTING THE MODIFICATION OF THE PROPOSED ORDINANCE AMENDING THE DADE COUNTY CODE BY ADDING CHAPTER 33C, ENTITLED FIXED GUIDEWAY RAPID TRANSIT SYSTEM - DEVELOPMENT ZONE, AS PRE- SENTED FOR SECOND READING BEFORE THE DADE COUNTY COMMISSION ON SEPTEMBER 19th, 1978 134 (Here follows body of resolution, omitted here and oh 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: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferree NOES: None. ABSENT: None. ABSTAINING: None. Mayor Ferre:Don, I don't know when the rest of the Commission wants to sit and go through this. I cannot. I have to go. I will be perfectly willing tomorrow to start off with you, if there's no conclusion tonight in bring it to a vote. Mr. Reboso: Mr. Mayor I have an item. Mrs. Gordon: I thank the members of the Committee for coming here and talking with us today. Mayor Ferre: Thank you very much. Reverend, you will be back in two weeks? Unidentified: I'll be back on the 28th. Mayor Ferre: Don we will see you tomorrow then? Lt.March: Sure. I was just bringing information to you...to give you. 60. APPOINT OFELIA SHERMAN TO THE ECOLOGY AND BEAUTIFICATION COMMITTEE. Mr. Reboso: I would like to recommend the appointment of Ofelia Sherman,... Mr. Plummer: Maurice, you have a phone call from Washington,.... Mayor Ferre: What? Mr. Plummer:..phone call from Washington. Mayor Ferre: I'll be right there. Ofelia Sherman,... Mr. Plummer: I second the motion. Mr. Reboso: Ecology and Beautification Committee. The following resolution was introduced by Commissioner Reboso who moved its adoption: RESOLUTION NO. 78-579 A RESOLUTION APPOINTING OFELIA SHERMAN TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION The foregoing resolution was passed and adopted by a unanimous vote of the City Commission. 135 SEP 141978 Mr. Mummer: Are we going to hear Mr. March, or are we not going to hear Mr. March? Mr. Don March: The Mayor indicated some kind of intention to wait until the morning. Mr. Plummer: What does the administration want to do. Mr. Grassie: We don't want to get this kind of discussion to holdtup our budget session. You know, you've got the departmental reviews tomorrow. Mrs. Gordon: It is and I have to go home. Mr. Plummer: Is it possible that we could start at 8:30? Mrs. Gordon: It is all right with me. W. Plummer: Would that be agreeable? Mr. Grassie: If we agree that we are also going to cut if off at 9. Mrs. Gordon: Okay...with you Don? Half hour? Mr. March:No, I mean,...I saw the item on the agenda, and the first sentence,.. and I came here just to outline to you the facts, and indicate what transpired. I think I have done that. Mrs. Gordon: We didn't 'ote on that item anyhow. Mr. Plummer: No. Rev. Gibson: No, we didn't. Mrs. Gordon: Carry it over till tomorrow. Mr. Plummer: I'll tell you what. Don, how about we handle it at the end of tomorrow's agenda? Would that be agreeable with you? The administration? Mr. Grassie: Sure. Mr. Plummer: Handle this item at the end of tomorrow's agenda, so you don't have to worry about running over. Agreed? Move we adjourn. Mr. Grassie: We are still on the plan of starting at 9 o'clock tomorrow. Mr. Plummer: Right. Mr. Grassie: And then this will be a:subsequent item. Mr. Plummer: At the end of the agenda. ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:40 o'clock P.M. ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK MAURICE A FERRE MAY.O R 136 E S SEP I4 1978 ciiIWY OF IVVAMI Y OF ti �DOCUMENT �� MEETING DATE: IN September 14, 1978 ITEM NO. 1 2 3 4 5 6 7 10 11 12 13 14 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979. PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUBSECTION SHALL BE DECLARED UNCONSTITUTION- AL. DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION. AMENDING SECTION 2-9 OF THE CODE OF THE CITY OF MIAMI FLORIDA, ENTITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE". AMENDING SECTION 39-13.L OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF REVISING THE FEES AT THE CITY OF MIAMI GOLF COURSE. AMENDING SUBSECTION (a) PARAGRAPH (1) OF SECTION 39-5 OF THE CODE OF THE CITY OF MIAMI REPROGRAMMING $200,000 FROM THE MIAMI RIVERFRONT SPECIALTY CENTER (FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS) TO A NEW PROJECT ENTITLED NEW TOWN IN TOWN PLANNING GRANTING AN EXTENSION OF RESOLUTION NO. ZB-78 AS AMENDED BY RESOLUTION NO. ZB 104-78 DESIGNATING CO'SSIONER ROSE GORDON AS THE CITY'S VOTING DELEGATE TO THE 52ND ANNUAL CONVENTION OF THE FLORIDA LEAGUE OF CITIES RESCEDULING THE REGULAR CITY COMMISSION MEETING OF OCTOBER 26, 1978 TO TAKE PLACE ON OCTOBER 24, 1978 STRONGLY RECOMMENDING THE APPOINTMENT OF CITY COMMIS- SIONER ROSE GORDON BY GOVERNOR REUBIN ASKEW TO THE FLORIDA PUBLIC SERVICE COMMISSION ABOLISHING THE CITY OF MIAMI'S CHARTER REVIEW BOARD WHICH WAS ESTABLISHED BY RESOLUTION 38699, MAY 24, 1967 ENCOURAGING INVOLVEMENT AND COOPERATION AMOUNG ALL ECONOMIC DEVELOPMENT ENTITLES IN THE GREATER MIAMI AREA, TO MAXIMIZE THE LIMITED RESOURCES AVAILABLE, IN THE DEVELOPMENT OF ECONOMIC POLICIES APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 YEARS FOR OLDEN JAMES, WASTE COI .L FCTOR COMMISSION ACTION R-78-542 R-78-543 R-78-544 R-78-545 R-78-546 R-78-547 R-78-548 R-78-549 RETRIEVAL CODE NO. 0061 0062 0063 0064 0065 0066 78-542 78-543 78-544 78-545 78-546 78-547 78-548 78-549 DOCUIV1ENTiNDEx C TEM NO. DOCUMENT IDENTIFICATION taiMISSION AC TIQN RETRInAL CQI . 15 16 17 18 19 20 21 22 23 24 25 26 23 AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACH- ED LEASE AGREEKENT BETWEEN THE CITY OF MIAMI AND DADE HERITAGE TRUST INCORPORATED. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH SENIOR CialqUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LORENZO COLLI AND DIANA COLLI, THE SUM OF $10,000.00 UNDER THE TERNS AND CONDITIONS AGREED UPON IN FULL AND COM- PLETE SATISFAC t'ION AS TO THE CITY OF MIAMI, FOR ALL CLAIMS, DEMANDS, LOSS OF SERVICES, ARISING FROM ANY ACT OR OCCURENCE UP TO THE PRESENT TIME ON ACCOUNT OF ALL PERSONAL INJURY, WHICH OCCURED AS A CONSEQUENCE OF AN AUTOMOBILE ACCIDENT. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SALOMON CASTILLO AND ISABEL CASTILLO, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $6,000.00 IN FULL AND COM- PLETE SETTLEMENT OF ALL BODILY INJURY. CONFIRMING AND RATIFYING THE ACTIONS OF THE CITY MANAGER IN ACCEPTING BID AND AUTHORIZING THE PURCHASE OF SEVEN AITMIOBILES FROM NORTHSIDE MOTORS, INC IN THE AMOUNT OF $34,923.00 ACCEPTING THE BID OF ?HUBERT HANSE'`T ASSOCIATES FOR FURNISHING PICNIC TABLES AND EQUIP' Ti FOR TT DEPART. 1: TT OF PAR':S . ACCEPTING THE BID OF ROY L. MALPHUS, INC. IN THE AMOUNT OF $12,400 ACCEPTING THE BID OF JOE REINEW1 ON EQUIPMENT CO. IN THE AMOUNT OF $224,000 FOR THE CONSTRUCTION CONTRACT FOR SITEWORK FOR THE CITY OF MIAMI/UNIVERSI- TY OF MIAMI JAMES L, KNIGHT INTERNATIONAL CENTER PRO- JECT AUTHORIZING THE ISSUANCE OF A WASTE COTTFCTION LICENSE TO COUNTY WASTE, INC. ACCEPTING THE JULY 28, 1978 DEED FROM BLANCA NUNEZ CONVEYING TO THE CITY OF MIAMI FOR HIGHWAY PURPOSES THE NORTH FIVE (5) FEET OF LOT 4, BLOCK 2, OF 000EE PARK CONDITIONALLY AUTHORIZING THE CLOSING OF CERTAIN STREETS FOR THE ONE -MILE TRIAL EVENT OF THE GREAT COCONUT GROVE BICYCLE RACE TO BE HELD ON WEDNESDAY OCTOBER 4,5, AND 6. 1978 ACCEPTING THE COMPLETED WORK PERFORMED BY L, MILTON CONSTRUCTION CORPORATION AT A TOTAL COST OF $192,316.60 ACCEPTING THE COMPLETED WORK PERFORMED BY WEBB GENERAL CONTRACTING, INC. AT A TOTAL COST OF $44,996.66 FOR 'IHE LEGION MEMORIAL PARK -BOAT RAND AND PARKING R-78-550 R-78-551 R-78-553 R-78-554 R-78-555 R-78-561 R-78-562 R-78-563 R-78-564 R-78-565 R-78-566 R-78-567 R-78-568 78-550 78-5�51 78-553 78-554 78-555 78-561 78-562 78-563 78-564 78-565 78-566 78-567 78-568 DOC LI NI ENTliN D C I TEM NO. DOCUMENT IDENTIFICATION COMMISSION CTION RETRIE'AL CODE NO. 23 29 30 31 32 33 34 35 36 ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC. AT A TOTAL COST OF $3,443.00 FOR THE I EON CITY PARK -COMMUNITY DEVELOPMENT BUILDING DEMOLITION ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC. AT A TOTAL COST OF $32,192.00 ACCEPTING THE COMPLETED WORK PERFORMED BY B&G ELECTRIC INC. AT A TOTAL COST OF $65,416.00 ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $154,381.10 ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOD AND LANDSCAPING, INC. ACCEPTING THE BID OF JETCOAT EMULSIONS COMPANY FOR FURNISHING EMULSIFIED ASPHALT, FOR THE DEPARTMENT OF PUBLIC WORKS CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF 15 PASSENGER VANS FROM MARSHALL CHRYSLER PLYMOUTH, INC., IN THE AMOUNT OF $14,995.86 REQUESTING THE MODIFICATION OF THE PROPOSED ORDINANCE AMENDING THE DADE COUNTY CODE BY ADDING CHAPTER 33C, ENTITLED FIND GUIDEWAY RAPID TRANSIT SYSTEM -DEVELOP- MENT ZONE APPOINTING OFELIA SHERMAN TO THE CITY OF MLAMI COM- MI1'1'EE. ON ECOLOGY AND BEATIFICATION R-78-569 R-78-570 R-78-571 R-78-572 R-78-573 R-78-574 R-78-575 R-78-578 R-78-579 78-569 78-570 78-571 78-572 78-573 78-574 78-575 78-578 78-579 Miirte MEW MMM MEW