HomeMy WebLinkAboutCC 1978-07-27 MinutesCITYI
Q
13
•MISSION
INUTES
OF MEETING HEX ON July 27, 1978
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH GI ONGIE
CITY CLERK
Its(
JE)CIIYtC�MIS�lOi�(G1FUREGULAR MEETING
ITEM NO,
SUBJECT
QRDINANCE 0
K SOLUTION
PAGE NO.
1.
2.
3.
4,
5.
7,
8.
9,
10,
11,
110,
15.
19.
20.
21.
ACCEPT u i,`- WESTERN DRAINAGE PROJECT E-42.
ORDERING RESOLUTION: CITY WIDE SANITARY SEWER
EXTENSIONS IMPROVEMENT SR-5448-C.
CLOSURE OF STREETS NOV. 11 & 12, 1978 (SECOND ANNUAL
BANYAN FESTIVAL.)
ACCEPT BID: 400 CITY CHARTER AND CODE BOOKS MUNICIPAL
CODE CORPORATION,
ACCEPT BID: CENTRAL MINI -PARK COMMUNITY DEVELOPMENT
N. MIAMI AVENUE BETWEEN N.E. 14 & 15TH STREETS.
ACCEPT BID; DORSEY PARK IMPROVEMENT- RECREATION BLDG.
ACCEPT BID: FLAGLER STREET HIGHWAY IMPROVEMENT H-4372-i
ACCEPT BID: SOUTHERN DRAINAGE PROJECT E-43.
DISCUSSION ITEM: CITY'S PARTICIPATION IN: GREATER
MIAMI FILM FESTIVAL INC. (SEE ITEM 37 LATER SAME
MEETING.)
REPORT BY CITY ATTORNEY: LEGAL STATUS OF CONSIDERATION
OF NEW RULES AND REGULATIONS GOVERNING CIVIL SERVICE
CANCEL HEARING 7-28-78.
DISCUSSION ITEM: CURRENT BUDGET STATUS FY 78--79
PRELIMINARY PROJECTIONS.
DISCUSSION OF BIDS RECEIVED: COMPUTERS AND COMMUNI-
CATIONS EQUIPMENT (SEE ITEMS 24,25,26 FOR AWARD OF BIDS;
SALE OF BEER IN THE ORANGE BOWL
OFFER OF COMPANY TO INSTALL EQUIPMENT:
SECOND READING ORDINANCE: AMEND SECTION 39-24 OF THE
CODE ORANGE BOWL STADIUM PARKING CHARGE COST OF PARKING
PASSES AND RECREATIONAL VEHICLES.
SECOND READING ORDINANCE: AMEND ORDINANCE 8716
ESTABLISH NEW PROJECT COCONUT GROVE BUSINESS AREA
DECORATIVE PEDESTRIAN SCALE ST. LIGHTS.
SECOND READING ORDINANCE: AMEND ORDINANCE 8719 PUBLIC
SERVICE EMPLOYMENT_ PROGRAM AFRICAN SQUARE PROJECT STAFF,
SECOND READING ORDINANCE: INCREASE ANTICIPATED REVENUES
MELREESE GOLF COURSE.
SECOND READING ORDINANCE: AMEND ORDINANCE 8731 TRANSFEF
3 POSITIONS FROM DEPARTMENT OF COMPUTERS TO POLICE
DEPARTMENT.
RESOLUTION CALLING SPECIAL ELECTION: SOUTHERN BELL
FRANCHISE.
DISCUSSION ITEM: BIDDING PROCEDURES AND SPECIFICATIONS
ON PUBLIC WORKS PROJECTS.
PLAQUES, CERTIFICATES OF APPRECIATION, SPECIAL ITEMS.
R- 78-486
R- 78-487
R- 78-488
R- 78.489
R- 78-490'1
R- 78-491
R- 78-492
R- 78-493
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
M- 78-494
Ord. 8828
Ord. 8829
Ord. 8830
Ord. 8831
Ord. 8832
R- 78-495
DISCUSSION
PRESENTATIONS
1
2
3
5
5 - 6
6 - 9
9 - 11
12 - 27
27 - 31
31-35
35-48
49-51
52
53
53 - 54
54 - 55
55
56 - 59
59-61
62
22.
PUBLIC HEARING: TRACY SANITARY SEWER IMPROVEMENT
SR-5275-C CONFIRM ASSESSMENT ROLL.
- 78-496
62
ITEM NO,
23.
24.
25.
26.
27.
28.
29.
IhTEX
1INUTES�F[MEETING
CiY0�Mll�OMAMI, FLORIII4
SUBJECT
CONTINUED DISCUSSION- MOTION OF INTENT OT ACCEPT BID
COMPUTERS AND COMMUNICATIONS EQUIP.
ACCEPT BID: ELECTRONIC DATA PROCESSING EQUIPMENT AND
SERVICES - COMPUTERS AND COMMUNICATIONS DEPT.
ACCEPT BID: POLICE MOBILE DIGITAL SYSTEM POLICE
DEPARTMENT.
ACCEPT BID: MAGNETIC DISK AND COMPUTER COMPONENTS
POLICE DEPARTMENT.
PUBLIC HEARING: CONFIRM ASSESSMENT ROLL- TRACY SANITARY
SEWER IMPROVEMENT SR-5275-S.
SECOND READING ORDINANCE: APPROVE APPROPRIATIONS -
DEPARTMENT OF OFF-STREET PARKING FY 78-79.
FIRS READING ORDINANCE: ENACT NEW SECTIONS 39-6,
39-7 OF THE CITY CODE - RENTAL RATES- MUNICIPAL
AUDITORIUM & DINNER KEY EXHIBITION BUILDING.
30. FIRST READING ORDINANCE: PROPOSED CHARTER AMENDMENT -
ENLARGE CITY COMMISSION TO 9 MEMBERS.
31. PI^ST "..ADING ORDINANCE: AMEND GENERAL EMP. RETIREMENT
PLAN UAvBACK FOR LABORERS, WATCHMEN, OR CUSTODIAL
WORK RS.
32. AMEND SECTIONS 54-36, 54-37, 54-30, AND 54-41 OF THE
CITY CODE DILENEATE REGULATION OF PLACEMENT OF BUS
BENCHES/BUS SHELTERS BY COMMERCIAL ADVERTISING COMPANIE
33. EMERGENCY ORDINANCE: AMEND ORDINANCE 8731 INCREASE
APPROPRIATIONS -EXPENSES OF EIGHTH ANNUAL CHAMPION SPARK
PLUG REGATTA.
34. EMERGENCY ORDINANCE: AMEND ORDINANCE 8731 ESTABLISH
TRUST & AGENCY FUND - SECOND DOLLAR POLICE TRAINING.
35. EMERGENCY ORDINANCE: AMEND ORDINANCE 8731 INCREASE
APPROPRIATION- DEPARTMENT OF LEISURE SERVICES FOR
FUNDING OF LIFEGUARD POSITIONS.
36. EMERGENCY ORDINANCE: AMEND ORDINANCE 8731 INCREASE
EXPENSE ALLOWANCE FOR CITY COMMISSION.
37. MOTIONS OF INTENT: PARTICIPATION BY CITY OF MIAMI IN -
GREATER MIAMI FILM FESTIVAL, INC. DESIGNATE VICE -MAYOR
REBOSO AS A MEMBER ON THE BOARD OF DIRECTORS.
38. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT:
GREENLEAF TELESCA PLANNERS- COMPREHENSIVE MARINA
DEVELOPMENT STUDY.
39, AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT:
METROPOLITAN DADE COUNTY FOR USE BY THE CITY OF N.W.
20 ST, SOLID WASTE TRANSFER FACILITY,
40. APPROVE STATION GROUP FOUR RAPID TRANSIT STATIONS.
tSOLUTION RO.
INANCE OR
R- 78-497
R- 78-498
R- 78-499
R- 78-500
Ord. 8833
First Reading
First Reading
First Reading
First Reading
Emergency
Ord. 8834
Emergency
Ord. 8835
Emergency
Ord. 8836
Emergency
Ord. 8837
M- • 78-501
M- 78-502
M- 78-503
R- 78-504
R- 78-505
PAGE NO,
63
63 - 64
64 - 65
65
66
66 - 67
67 - 69
70 - 80
81 - 84
84 - 88
88 - 89
89
90
90 - 91
91 - 92
93 - 95
95 - 96
97
trmni
cr4i 'sMiTHARORttw
ITEM NO.
SUBJECT
tIOINANCE OR
SOLUTION No. PAGE NO.
41.
42.
43.
44.
46.
47.
48.
49.
50.
52.
53.
54.
55.
AUTHORIZE PUBLIC WORKS DEPT. TO ISSUE PERMIT: BELCHER
OIL COMPANY EXCAVATE SUBMERGED LAND N. SIDE OF FISHER
ISLAND.
INCREASE SCOPE OF CONTRACT: ORLANDO MENDEZ, INC.
RENOVATION OF DINNER KEY EXPOSITION HALL.
AUTHORIZE CITY MANAGER TO ADVERTISE FOR BIDS -
FOUNDATION WORK CITY OF MIAMI/UNIVERSITY OF MIAMI
CONFERENCE CENTER.
ACCEPT BID: 5,192 PLASTIC SEAT AND BACK REPLACEMENT
KITS.
ACCEPT BID: CLEANING OF CITY STADIUMS.
ACCEPT BID: M.M.P.D. COMPUTER ROOM AIR CONDITIONING.
ACCEPT BID: ALLAPATTAH N.W. 23RD STREET COMMUNITY
DEVELOPMENT PAVING PROJECT PHASE I.
ACCEPT BID: ARTICULATING BOOM FIRE APPARATUS FIRE
DEPARTMENT.
ACCEPT BID: MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS BID -A- HIGHWAY.
ACCEPT BID: MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS BID-B- DRAINAGE.
ACCEPT BID: MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS BID-C- LANDSCAPING.
ACCEPT BID: WYNWOOD N.E. 2ND AVENUE COMMUNITY DEVELOP-
MENT BEAUTIFICATION.
APPOINTMENTS TO THE COMMITTEE ON THE STATUS OF WOMEN.
CONFIRMING RESOLUTION: BEER IN THE ORANGE BOWL STADIUM
OFFER TO BE PRESENTED TO PRESENT CONCESSIONAIRE.
DISCUSSION ITEM: STATEMENT MADE BY R. KRAUSE AND
SUBSEQUENT ARTICLE CARRIED IN TIME MAGAZINE.
R- 78-506
R- 78-507
R- 78- 508
R- 78-509
R- 78-510
R- 78-511
R- 78-512
R- 78-513k
R- 78-514 1
R- 78-515 J
R- 78-516
R- 78-517
R- 78-518
R- 78-519
DISCUSSION
97 - 98
99 - 101
101 - 102
102
103
103 - 104
104
104 - 105
105 - 106
106
106 - 107
107
108
109 - 110
111 - 113
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
guttuutIgg
ON THE 27TH DAY OF JULY, 1978, THE CITY COMMISSION or
MIAMI, PLORIDA MET AT ITS REGULAR MEETING PLACE IN THE CITY
HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR E'SSION,
SESSION.
THE MEETING WAS CALLED TO ORDER AT 9:00 OPCLOCK A.M. BY
MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF Tlt
COMMISSION FOUND TO BE PRESENT:
Comm.i44Lonen J. L. PLummek, Jn.
Commtiss.ioneh (Rev.) Theodone Gibson
Mayon Maumee A. Feline
ALSO PRESENT:
ABSENT:
Joseph R. Gnass.Le, City Managers
R. L. Fosmoen, Assistant City Managers
Geonge F. Knox, City Attorsney
Ra.ph G. OngLe, City C.eenh.
Mat.y N.Lrsa.i, Ass.Lstan•t City C.enk
Comm.Lbsioners Rose Gon.don
Vice -Mayon Manoi.o Reboso
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
A MOTION TO APPROVE THE MINUTES OF THE MEETINGS OF JUNE
13 ANVD •»INE 22, 1978 WAS INTRODUCED AND SECONDED AND WAS PASSED
UNANIDUSLY BY THOSE PRESENT.
mi •t e- •
., .'iris'
w
1. ACCEPT COMPLETED WORK - WESTERN DRAINAGE PROJECT E-42
COTIICISSIONER GORDON ENTERED THE MEETING AT 9:01 A.M.
Mayor Ferre: Good morning, ladies and gentlemen. Now while we wait for
Commissioner Reboso, who should be here any moment now, I think what we
can do is start up with the resolutions, none controversial of what, 6,7,& 8..?
No, wait a minute that's controversial. Take up item $6, that's not
controversial, the Manager recommends.
Rev. Gibson: Move.
Mayor Ferre: Manager recommends. Moved by Gibson.
Mr. Plummer: Are there any objectors in the audience present? Seeing none.
Mayor Ferre: Seconded by Plummer. Further discussion on item 6. Call the
roll on 6.
The following resolution was introduced by Commissioner (Rev,) Gibson,
who moved its adoption;
RESOLUTION NO, 78-486
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED
BY AM. & J. CORPORATION AT A TOTAL COST OF $I58,472.00
FOR WESTERN DRAINAGE PROJECT E-42; AND AUTHORIZING A
FINAL PAYMENT OF $15,847.24.
(Here follows body of resolution omitted here and on file
in the Office of the City Clerk).
Upon being seconded b ► Cotitlationer Piutitthet$ the tesoltitioti was,
passed and adopted by the. following vote:
AYESt Co tnissioner (Rev) `fheodore. Rk Gibson
Conttnissioner Rose Gordon
Comissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Vice Mayor Manolo Reboso
. •
•
2. ORDERING RESOLUTION: City Wide SANITARY SEWER
EXTENSIONS IMPROVEMENT
SR-5448-C
air
Mayor Ferre: Take up item 7.
Mr. Plummer: Any objectors, on item 7? Seeing none., I'll move. it.
Rev. Gibson: Second.
Mayor Ferre: Plummer moves.. Gibson seconds. Call the roll on item 7.
The following resolution wasintroduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 78-487
A RESOLUTION ORDERING CITY WIDE SANITARY SEWER
EXTENSIONS IMPROVEMENT SR 5448C AND DESIGNATING
THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS
SHALL BE MADE FOR A PORTION OF THE COST THEREOF
AS CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT
DISTRICT SR 5448C.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk)..
Upon being seconded by Commissioner (Rev.) Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr..
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Vice Mayor Manolo Reboso
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COCONUT GROVE
3. CLOSURE OF STREETS +Second Annual Banyan Festival+
Nov.11 & 129 1978
Mayor Ferre: Father Gibson moves, item 9...
Mr. Plummer: Second.
Mayor Ferre: And Plummer seconds it., Any further discussion? Ca11 the roll.
The following resolution was introduced by Commissioner (Rev.) Gibson,
who moved its adoption:
RESOLUTION NO. 78-488
A RESOLUTION AMENDING RESOLUTION NO. 78.237.
PASSED APRIL 7, 1978, ENTITLED: "A RESOLUTION
CLOSING FULLER STREET, BETWEEN MAIN HIGHWAY AND
GRAND AVENUE, TO THROUGH TRAFFIC ON NOVEMBER 4
AND 5, 1978, BETWEEN 8:00 AM AND 8:Q0 PM, IN
CONNECTION WITH THE SECOND ANNUAL BANYAN FESTIVAL,
SPONSORED BY THE COCONUT GROVE CHAMBER OF COMMERCE,
SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND
FIRE DEPARTMENTS." BY CHANGING THE DATES OF SUCH
STREET CLOSURE TO NOVEMBER 11 AND 12, 1978.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Vice Mayor Manolo Reboso
4. ACCEPT BID: 400 CITY CHARTER AND CODE BOOKS
Municipal Code Corporation
Mayor Ferre: Take up item 10. Plummer moves 10.
Rev. Gibson: Second.
Mayor Ferre: Seconded by Gibson. Further discussion. Call the roll.
The. following resolution Wag ittttbduced by entimistionet Piut►mett
WHO toyed its. adoption
RESOLUTION NO, 784189
A RESOLUTION ACCEPTING THE BID ON MUNICIPAL CODE
CORPORATION FOR FURNISHING 40.0 CITY CHARTER AND CODE
BOOKS AND A 10 YEAR SUPPLEMENT SERVICE FOR THE.
DEPARTMENT OF CITY CLERK; AT A TOTAL COST OF
$20,110..00; ALLOCATING FUNDS FROM 19774-78 FISCAL
YEAR OPERATING BUDGET; AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT FOR THESE MATERIALS AND
SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev..) Gibson, the resolution
was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Vice Mayor Manolo Reb.os.o
Mr. Plummer: Mr. Mayor, this is all the stuff, you know, that I asked
at the last meeting that it could be put under a consent agenda and we
could take it in one swoop. Mr. Manager, is there a reason why it wasn't
done?
Mr. Grassie: Because Mr. Homan is still gathering format and wants to
make sure that we comply with state law in doing that Commissioner, that
is in process.
Mr. Plummer: Thank you.
Mayor Ferre: On item 4110, on the question of thecharter, you know, I
was looking at the charter the other day on specific points and there are
an awful lot of things that are really completely obsolete and we really
should get that Charter Review Commission backinto session and start
working, chipping away at the charter on these small changes, you know,
and kind of modernize it a little bit. Now, if you remember Frank
Kreutzer for years, and I guess it goes back to Steve Clark and
Dave Kennedy has been the chairman of that, and I would recommend that the
City Manager's office and the City Attorney's office., both participate and
ask Mr. Kreutzer to call a meeting of thiscommittee and let's start
working on that again. I don't think you need a resolution on it because
the committee exists, it's just a question of getting them going, but there
are an awful lot of things that are just, .you .know, 40 years obsolete.
Mrs. Gordon: I wonder if we could be furnished with a list of the member-
ship of that committee?
Mr. Grassie: Yes, we'll do that Commissioner.
Mayor Ferre: And, they ought to be lawyers on that, because we're dealing
with legal matters on the charter.
'JUL 271978
5. ACCEPT BID: CENTRAL MINI -PARK CommunitY.Development
N. Miami Avenue between N.E. 14 & 15th
streets
Mr. Plummer:
Mayor Ferret
discussion.
I move item :I11.
Alright, Plummer moves item #11, and Gibson seconds. Further
Call the roll.
- The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 78-490
A RESOLUTION ACCEPTING THE BID OF ANAR CONSTRUCTION
CORPORATION IN THE PROPOSED AMOUNT OF $27,400 FOR
THE CENTRAL MINI -PARK - COMMUNITY DEVELOPMENT PROJECT;
ALLOCATING SAID AMOUNT FROM THE 1ST YEAR FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT
OF $27,400 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $3,014 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $548 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon :.LIng seconded by Commissioner (Rev.) Gibson, the resolution was
passed and adapted by the following vote:
AYFS: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Vice Mayor Manolo Reboso
6. ACCEPT BID: DORSEY PARK IMPROVEMENT- Recreation Bldg.
Mayor Ferre: Take up item #12, Dorsey Park.
Mrs. Gordon: Second.
Rev. Gibson: Moved.
Mayor Ferre: Alright, Gibson moves. Gordon seconds. Further discussion.
Call the roll.
fib
•
sEIN
The faiio tittg tesoitttiott was ittttocluced by Co issionet (Rev,) Gibson,
who ttoved its adoptitttt
RESOLUTION NO. 78-491
A RESOLUTION ACCEPTING THE BID OF BETTER
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF
$127,900 FOR DORSEY PARK IMPROVEMENTS - RECREATION
BUILDING; ALLOCATING THE AMOUNT OF $67,900 FROM
THE ACCOUNT ENTITLED "PARKS AND RECREATION BOND
FUNDS" AND USING $29,074 ALLOCATED FROM THE "2ND
YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND" AND USING $30,926 ALLOCATED FROM THE "3RD
YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND" TO COVER THE CONTRACT COST; ALLOCATING $14,069
FROM THE ACCOUNT ENTITLED "PARKS AND RECREATION BOND
FUNDS" TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING $2,558 FROM THE ACCOUNT ENTITLED "PARKS
AND RECREATION BOND FUNDS" TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson.
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
ON ROLL CALL:
Vice Mayor Manolo Reboso
Mr. Plummer: For the record, there were 69 invitations mailed out, only
2 people saw fit to bid on $127,000 worth of work. I have no choice but
to vote yes.
7. ACCEPT BID: FLAGLER STREET HIGH;'IAY IMPROVEMENT
H-4372-A
Mayor Ferre: Take up item #13, which if Flagler Street Highway Improvement.
Rev. Gibson: Move .
Mayor Ferre: Gibson moves. Plummer seconds. Further discussion. Manager
recommends. Call the roll on item #13.
The following resolution was introduced by Commissioner (Rev.) Gibson,
who moved its adoption:
RESOLUTION NO. 78-492
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS
COMPANY (NOT INC.) IN THE AMOUNT OF $639,215.00
FOR THE BASE BID AND ALTERNATE ITEMS 5, 7, 8, AND
9 FOR FLAGLER STREET HIGHWAY IMPROVEMENT H-4372-A
(3RD BIDDING); WITH FUNDS ALLOCATED FROM THE
ACCOUNTS ENTITLED "HIGHWAY G.O. BOND FUNDS" IN THE
AMOUNT OF $617,840.00 AND WITH FUNDS ALLOCATED FROM
THE ACCOUNT ENTITLED "STORM SEWER G,O. BOND FUNDS"
IN THE AMOUNT OF $21,375,00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
•
(#ete. ; oilowe body Of te.soiutioit, omitted hate end
Oh file iii the Officeof the. City Cle.fk)
Upon heing seconded by Commissioner Plummer, the. tesoltuttian Vas
passed and adopted by the following vote.:
AYRt! Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr..
Commissioner (Rev.) Theodore R; Gibson
Mayor Maurice A. Ferre.
NOES: None.
AfENT:
Vice Mayor Matolo Rebos,o
oN ROLL CALL:
Mr. Plummer: For the record, 65 people were asked to bids only 1 person
saw fit to take $617,000. worth of works I guess I have. no choice.;
Mayor Ferre: No, 63q, the funding is $617,00.0 which.hrings up the.questiont
where does the difference comes fromt? Ohl I see. from the bond fund.
Mr.. Plummer: Which is broken down.
Ws. Gordon: Two separate..,.
iiayor Ferre: Okay.
NOTE: VICE MAYOR REBOSO ENTERED THE MEETING AT 9;10 O'clock P.M.
Mr. Plummer: On item 13, I want to retrack for a minute,that to give one
contractor to do a job was the 4th bidding. We had one of the bidding in
which. nobody bid.
Mayor Ferre: Does that come. within the budget estimate.?
I:r. Plummer: That's a finishing up of a job.
Mayor Ferre: What?
Mr. Plummer: That's a finishing up of a job.
Mayor Ferre: Yes., but I mean, is that within the City's budget estimate?
Mr. Grimm: We have funds for that, but it's above what we figured it would
cost.
Mayor Ferre: Well, see that's not the question. I don't want to ask you
whether you have funds that wasn't the question. The question is...
Mr. Grimm: It's costing us more to fix it than it did to build it originally.
Rev. Gibson: Good God!
Mr. Grassie: I think you should remind the City Commission,Vince that this
the project, the tiling project of which we have had difficulty for a year
and a .half, There is a potential of litigation, you know, all the industry
knows they're very reluctant to get involved in the project because they
know that they're going to be on the. other side of the litigation if they do,
and it is costing us more money, there's no question about it,
Mayor Ferre: Well, you know, hut, let me tell you somethings I know the
Marks Brothers very well. I didn't know they did that kind of work., Is this
the first time they've done that kind of work?
Mr, Grimm: Oh no, sir, that's their main cup of tea is highway work.
Mayor Ferre: They're road builders. They don't put tile on the sidewalk.
JUL 271978
Mr, Gtintttt t Wells thata the sub
Rev, Gibson: f d hoped not to Say
tar, they're concetned about the
have not,,,
part of theft ooiitratt,Mt, Mayot,
this, the.totpany that furnished that
tottpany that bid to do that wotk, They
Mr, Grimm: We are not going to teuse that
tile,
tile Father, We're changing
Mayor Ferret Oh my God! You mean that Japanese title?
Mr: Grimm: Yes, sir.
Mayor Ferret Well, I understand the tile isn't the problem,
it was laid that is the problem,
Mr, Grimm: That's part of the argutnent,Mr. Mayor,
Mayor Ferre: Well, what are
Japanese tile?
Mr. Plummer: It
we going to do with
it's the way
$100,000 worth of
11 make an anchor for the Queen Mary.
Mr. Grimm: I don't know the answer to that question.
Mr. Grassie: I think we only have about $28,000 worth
Mayor Ferre:
Mr. Grassie:
Mayor Ferre:
Mr. Grassie:
Mayor Ferre:
Mr. Plummer:
Rev. Gibson:
Mr. Grassie:
accepting the
of tile.
You mean the rest of it has been broken?
No, the rest of it we have not accepted.
The rest of it, what?
We have not accepted it, we have not taken delivery on the rest.
Oh, oh.
We're going to pay Mr. Grassie instead of dollars...
You're not doing... I didn't get that, you're not,what?
We are not taking delivery on the rest of it. We're not
rest of it. We've only accepted part of it.
Rev. Gibson: Let me ask a question as a layman. If you go to a company and
you said to a company, order me x-number of tile and they order it, what
happens?
Mr. Grassie: Well, in this case Commissioner, it was not that simple, because
the contractor ordered the tile. The City did not order it directly, it
ordered through a contractor. Since the contractor was not able to perform
in the laying of the tile,then we do not,in our view, do not have responsibility
for continuing to buy the product that he ordered if he is deficient in putting
it down the way he said he would. Now, that's our position, of course, they
have a different one.
Rev. Gibson: I see, you are saying that you didn't order the tile, the
contractor did.
Mr. Grassie: Yes, and that's the case, he has the contract for the tile.
Rev. Gibson: Ok, let me raise another question for the sake of the City, so
people don't look at us, because I've heard this discussed, It would appear
to me that such a contractor, we need to look at him with the tenth eye,
ten eyes, ten different times before we do anymore business with that guy,ok?
Mr, Grassie; I think it's going to be a long time before you see him on ...,
being recommended,
Rev, Gibson dies $ I hope., I hope, ..
Mayor Ferret We11t this is before your tithe., b.ut Vince knows very well that
oft tt►any occasions in the past Charlie Davis has gotten into trouble with
this City and I remember distinctly with Paul Andrews saying? ._.q Charlie.,is
a nice fellow, b.ut hers going to cause you some trouble in the future, and
sure enough here we are. So I hope that this time that under this
Administration that you will remember the name of C.A. Davis & Company..
Mr. Plummer: Well, Mr. Mayor, you know, it's nice to talk about all these
things but in my estimation if you want the truth of the matter,this job,
I found out afterwards,from the word, go, was bollixed, because this ...
Mr. Grimm: Commissioner, please, would you refrain from that?
Mayor Ferre: Yes, this is a lawsuit.
Mr.. Grimm: This is under lawsuit and this doesn't help the City' s position
one bit.
8. ACCEPT 3 LD: SOUTHERN DRAINAGE PROJECT E-43
40
Mayor Ferre: Alright, we're going to take up item #14. Any comments?
Rev. Gibson: I move,Mr. Mayor.
Mayor Ferre: Plummer seconds item 14. Any further discussion?
Mr. Plummer: 62 people were invited to bid on $250,000 worth of work, only
2 people saw fit to bid, it should tell somebody something.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner (Rev.) Gibson,
who moved its adoption:
RESOLUTION NO. 78-493
A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION
IN THE AMOUNT OF $264,354 FOR BID "A" OF THE PROPOSAL
FOR SOUTHERN DRAINAGE PROJECT E-43 (2ND BIDDING); WITH
FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "STORM SEWER
G.O. BOND FUNDS" IN THE AMOUNT OF $264,354; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
*Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
* Mayor Maurice A. Ferre
NOS: None.
ON ROLL CALL;
Mr. Plummer: I hate to have to dolt with such little competition in a so-called
open open and free competition, but I 'guess I have no 1,41044a.
Mayor Ferret Mt, Grist be ore. l Vote I Heed to khoW what was the City''s
estimate in the coat of thia joh?
Mr. Mummer: It's On the second pages the projected,
Mr. Grimm: The City's estimated construction cost on Bid "A" Was
$280,000, on Bid "B" was $42,000., so the total cost was about $3201000.
Mayor Ferret So this came in below?
Mr. Grimm: No, this is just exactly about that. Bid
and Bid "B" was $20,000 higher.
►tan
was $20,000 low,
Mayor Ferret The total on item 14 is $264,354.
Mr. Grimm: Yes, so the bid "B" portion is being rejected under this award.
Mayor Ferre: I see.
Mr. Grimm: So,the answer to your question is on Bid "A" it's almost $20,000
below estimate.
Mayor Ferre: Now, let me ask you this question, do these contractors know
what our estimates are when they put in the bids?
Mr. Grimm: They can find them out, yes. That's public information..
Mayor Ferre: And, if you only have one or two kidders, that's why the...
ok. Alright, I vote yes on it. And,I might, now that we've voted on these
items, I might point out that Mr. Grimm and I had a meeting,Mr. Grassie,
as you know, for the Commission with members of the Road Construction
Industry and Utility Construction Industry,and I think what Plummer has been
saying comes into focus a little bit after that meeting. We are not, with
all due respects to all of us, there are a lot of reasons on how we're
handling this as to why we're not getting more bidders. Someof the large
contractors are not bidding City of Miami work, they just refuse to bid it.
Now, when things are tight then a lot of them are forced to bid City of
Miami work, but things are not tight now. There's a lot of work the State
roads and County. All of the wonderful work that Vince, you and many others
have done in the past may now start to cause reverse prohlems. So, I think.
we're going to have to rethink this under the present circumstances. Now,
we made a lot of headway, I think Vince and the gentleman he had with him
made a lot of headway yesterday, but I think we better pay attention to what
Plummer is saying.
Mr. Grassie: I wonder, Mr. Mayor, since we're talking about this whether it
would be useful at this point to just take ten minutes and review the record
of the City in this regard.
Mayor Ferre: Well, the bottomline of your ten minutes is that the City
has done very, very well and I think we're very proud and happy of the fact,
there's no question that by going the line type items that thousands and
hundreds of thousands of dollars have been saved,that we've got very tight
control and it functions very welltbut that's not the point.
Mr. Plummer: Well, Mr. Mayor, let me say this to you, you know, I don't mind
wasting ten minutes of my time to listen to history of what's going on in the
past. What's been done has been done. I'm worried about the future and I want
to tell you something if you have the time,as I have had,and you go and you
talk to some of these people and you ask why they don't bid? It would surprise
you, Mr. Mayortat some of the answers.
(INAUDIBLE BACKGROUND COMMENT)
Mr, Plummer; As you know, I have been very, very upset about the computers
and it was. no strokeof genius,. When you have great companies out digging for
businessand you have approximately $2 million worth of computers that the
City is trying tel buy and you have two bidderk or three. hiddets.,, Naia,you
know, understand things ate good but they're not that good. When you go
out with hospitalization, a premium of .$5 .fnillion and you only have one
bidder, basically, because the guy who's got it is trying to recoup his
losses, so I called these people and I said to them, you know, "why didn't
you bid?"They said, "we didn't have the time to read 77 pages of speci--
fications." I've talked to a landscaper who did some work fot Me, said
"he would never bid on a City project," I said, "why?" He said,"the
worst paying outfit in town."
Mr. Grimm: That's not true.
Mr► Plummer: Excuse me, that's what he said is true, that's what he said..
Mayor Ferre: "Yes, but that may be one isolated case, because I'm going to
tell you that I had a whole bunch of these guys in my office yesterday,a dozen
and that just is not so. Now, that may be one isolated guy with one...
Mr.. Plummer: In his mind that's true.
Mayor Ferre: That maybe -fine in his line , but we're not going to judge
the City of Miami on one disgruntle guy's mind.
Mr. Plummer: When you take a guy and you order motorcycles,and I brought
this up before, and a man calls me and he says to me you insult my
intelligence. I said, "why"? Be says, I sell a police motorcycle, he says
what happens, he said, you take the book out of my competitors, the back page
out of my competitors book and ask me to bid on it, I can't do it. You
have n q'ia,-ter of a million dollars worth of rentals of automobiles, and that
business is always scratching and looking, and I find out, I was told that
there were 40 bids sent out. I called two of them, personal friends and they
both tcic me they never got the bids.
Mayor Ferre: Mr. Plummer, I think we're going to have some time later on in
the morning, perhaps we can come back to this because it's not going to be
ten minutes. it'll be half an hour, it'll be fifteen minutes with Plummer and
Mr. Plurnc'-: Well, Mr. Mayor, it's only taking me two years of screening to
come to this point. I can wait another two hours.
Mayor F « iu: Well, you're you know, fine. Plummer, you can bring up anything
you want anytime and you do, and you can so don't complain...
Mr. Plummer: Mr. Mayor, it does me no good at all to bring it up when nobody
wants to listen.
Mayor Ferre:
A, B, and C,
Mr. Plummer:
Mayor Ferre:
Well, we'll talk about that after we ge.t through with items
and then we can get back to it, which I think...
Fine, sir, all good things come to those who wait.
On item #A, since there are some people here that are on B.& C,
I think we ought to wait, if we can do that. And there are some people in the
public on other items and let's see which ones they are. Is there anybody here
on item C, raise your hand? Item 1? 2? 3? 4? 5? 8?
11
J U L 271978
Y
City's Participation in:
9. DISCUSSIfN ITEM: GREATER MIAMI FILM FESTIVAL INC.
See item 37 later same meeting
'q:". fir-..• 1.lt,i .
Mayor Ferre: We'll start off with Item #B, which is the Greater Miami
International Film Festival. Mr. Kahn?
Mr. Kahn: Mr. Mayor, my name is Donald Kahn, Secretary of the Miami
International Film Festival, here representing Mrs. Rosenstiel, President,
who would have liked to been here but is unable to attend. I have with
me Mr. Albert Goodstein, Treasurer of the Film Festival, Mr. J. Hunter Todd,
Executive Director. We're here to represent to you,Commissioners)that the
Greater Miami International Film Festival is an event of major importance
to•the economy of this area, to the reputation of this area, in every way
an event which will bring credit to Miami, to Miami Beach, to Dade County,
to all of South Florida. It will make a substantial impact each year .
It's main area as an impact of publicity, tourism, attendance by film makers
and other celebrities, the encouragement of film making in Florida and as a
cultural and educational event. The Film Festival has three basic divisions.
The Festival Competition section, the Film Market, and the Trade Fair. The
Competition Section will present approximately 100 feature films from all
around the world and approximately 300 shorts. All films are opened to the
public at prices ranging from $1.00 to $4.00 per ticket with some free admissions.
There will be all day tickets, weekend passes, and season tickets
are available. A 250-page illustrated program is published listing all films
shown and a complete screening schedule will be released 2 to 4 weeks prior to
the festival. Feature films will be world premieres or United States premieres
of American films, European films, and a special Latin American section in
our festival of the Americas Division. The Film Market is a business section
of the festival offering features, shorts, documentaries, and t.v. films for
sale to distributors from all over the world. Hundreds of films will be
screened during the film market. There are film markets now in Caan, Milan,
Berlin, and Tehran. But the Miami festival is the only film market scheduled
for the United States and the Western Hemisphere. The Trade Fair which we call
the Miami Photokina is a major trade and equipment exhibit of film and t.v.
hardware,includes cameras, recorders, lighting equipment, film sound equipment,
and all the latest state of the art developments in motion pictures and
television. Like the film market, the Photokina is also completely opened
to the public. Our plan currently is to hold the Photokina at the Inter-
continental Four Ambassador's Hotel exhibit space. The Greater Miami Film
Festival will.create tremendous publicity and press coverage for Miami and
South Florida, like the Caan Film Festival that was started 30-years ago,
to boost tourism and create press coverage, our film festival will excel in
this respect,with 100 world premieres, stars, producers, and directors, we'wi11
have an annual event unlike any other in South Florida. Eastern Airlines has
shown its confidence in the film festival as a. tourist attraction by
scheduling,for September and October publication,over $100,000 worth of
advertising, plus $100,000 worth of other promotions in major newspapers and
regional magazines in the northeastern part of the United States which includes
the Washington Post, the Philadelphia Bulletin, Baltimore Sun, New York Magazine,
Cue, the New York Daily News, Play Bill, other such. The Miami Festival will
be the only major International Film Festival fully open to the public in
every wa yand produced as a public event. The 'Caan Film Festival is not
officially open to the public, even so, it attracts 35,000 tourists to that
place,in season. And, because of the competition in the awards of Film Market
and the Photokina, our festival will attract hundreds of top international
film makers who will attend the festival at their own expense. Our goal is
to make this festival,within 5-years,the leading Film Festival in the world.
Culturally and educationally the film festival is a small United Nations with
films from more than 40 countries, special emphasis on our important Latin
neighbors. The festival of the America's Division will spotlight films from
Mexico, Colombia, Venezuela, Brazil, Argentina. The festival will be a prime
showcasefor films from Latin America. We'll have great directors seminars,
celebrity and productions symposiums, major retrospectives of films and
directors of the past silver screen area of the movies, plus a three credit
12
JUL 2c1978
college course.being produced in conjunction with_the festival by Florida
International university& This unique courseis the first of its kind..
Now; our cotprittee.after considering all possibilities, one year ago,
Half a year agoschose J. Hunter Todd as our Executive Director. We did so
because in out view he was the only man available with the experience to
produce the kind of festival we needed here. We looked into hisrecord and
it passed our scrutiny, particularly in view of the fact that our committee
is taking a far more intimate part in the management of thefestival than
had any other that he.'d been experienced with. Mr. Todd, we believe, deserves
a great deal of credit for hisperserverance in pursuing the film festival
idea over the past 10-years which he has done at substantial financial
sacrifice to himself.. Moneywise he'd be a great deal better off if he'd never
heard of the word film festival. Our intention is to produce an event that
our entire County can be proud of. We ask for your help in the following
manner: We ask you for the use of Gusman Hall for the dates of the festival
November 10th thru 19th at no cost to us. We ask you for an expenditure of
up -to $20,000 to equip Gusman Hall for 35mm. and 16mm. motion picture
projection; projectors, sound, and screen. We ask for the services of your
Advertising & Publicity Department up to a nominal amount of $25,000, including
public relations, press coverage, and dedicated advertising, plus advertising
tag lines. We ask for your sponsorship of a festival award in the amount of
$2,500; and, finally we ask you for a cash grant of $25,000 to be disbursed
at such time as the festival has achieved contributions or commitments totalling
$100,000 from other sources. We stand here ready, all of us, to answer any
questions you may have on our proposition.
Mayor Fari.:: Mr. Kahn, thank you very much for your presentation. We're
going to ask some questions from the Commission in a moment, then I'm going
to ask for Mr. Grassie's recommendation, and then I'm going to see if there
is any member of the public who may want to speak on the subject. Alright,
now with regards to your total budget let me understand this, this is a film
festival for this year in October -November.
Mr. Kahn: In November loth to 19th.
Mayor Terre: in November, alright. Then, if it's successful you would hope.
that this kut,id be an ongoing yearly type of a film festival like the famous
Cann Film Festival.
Mr. Kahn: ‘et...
Mayor Ferre: Alright. Your budget is what, $750,000?
Mr. Kahn: $750,000 including all the intangibles.
Mayor Ferre: Alright.
Mr. Kahn: In cash,at the maximum,$500,000.
Mayor Ferre: Alright, now where do you intend to raise $750,000 or $500,000
cash and $215,000.intangibles?
Mr. Kahn: Insofar as the cash budget is concerned,we estimate that about
$120,000 of it will be supplied by festival revenues, ...
Mayor Ferre: Yes.
Mr. Kahn: ... which are film exhibition fees and admissions. That $150,000 of
it will be raised ultimately from government sources of some kind and that the
remainder amounting to somewhat less than $250,000 would be from the public and
from businesses. When I say the public I'm talking about contributors,..
Mayor. Ferre: Yes.
Mr. Kahn: ... private contributors, ...
Mayor Ferre; Now, do you think that's a realistic thing that we can raise, that
you can raise $250,000 in this community for a film festival?
Mr, Kahn; My own personal opinion of it is that it's a little ambitious for the
first year, that we'll have to...
13
JUL 271978
Mayor Ferret that happens if we don't take it?
Mt. Kahn;We'll trir the expenditures to suit..
Mayor Ferret That won't affect the film festival?
Mr. Kahnt It will affect it only to the extent that it will not hequite.
the celebration were looking for, in other words, we won't b.e able to have
fireworks on the night of the grand premiere,and so forth.
Mayor Ferre: Let me ask you another question, how many filth festivals are
there in the United States that function now?
Mr. Kahn: Subject to correction by Mr. Todd, I believe. there's one in
New York, in San Francisco, in Los Angeles, and Chicago, none of theta,
however are major public events.
Mayor Ferre: Are they successful? Do they function?
Mr. Kahn: They function and they stay in business, and they all carry,
unfortunately, permanent deficits.
Mayor Ferre: So, isn't it likely to conclude from that, that probably the
City.,. excuse me, the Miami Film Festival will also initially have the same kind
of a deficit as Chicago, Los Angeles, New York, and the others?
Mr. Kahn: I'm not looking for anything like that, no.
Mayor Ferre: So we'd be the first one here that wouldn't have a deficit.
Mr. Kahn: That's our hope, yes, and that's our intention.
Mayor Ferre: Now, how important is the film festival for a community? I
know how important it is for Caan, but that's a.... and there's also a Venice
by -annual, isn't there a famous ...?
(BACKGOUND RESPONSE MADE OFF THE PUBLIC RECORD)
Mayor Ferre: Not anymore. Well, where are the famous film festival? Which
is the Great Film Festival in the world, Caan?
Mr. Kahn: Publicity-wise,I think and possibly touristically, Caan, yes, is the
big one.
Mayor Ferre: So that's mecca, that's the center, that's the top, that's the
one that everybody looks towards. Now, are there any others,other than
Caan that are successful?
Mr. Kahn: In respect of a big
Mayor Ferre: Financially and artistically.
Mr. Kahn: I don't know. I'll have defer to Mr. Todd on that one. Would you
like to 9
Mayor Ferre: Well, Mr. Todd, why don't you join Mr. Kahn and we'll ... perhaps
you can answer that?
Mr. Todd: Thank you Mayor Ferre. There are approximately 400 film festivals
in the world in fact, from the smallest to the biggest which is Caan. None of
theta are what you would financially successful because the big ones Berlin,
Caan, Turin. Milan, and Moscow are all funded almost totally by the governments
of those municipalities which means they all carry tremendous deficits and the
deficits are covered by the governments, either of the counties, or the cities
or the states. They are all, however, Berlin, London, Milan,Caan, Turin,
all considered to be very strong successes in the area of films, publicity,
tourism, and excitment for those areas. They're a point of prestige.
Mayor Ferre: How much is the Caan Film Festival for example, would cost?
Mr, Todd; The Caan Festival, like all of the other major world class festivals,
and I include .Turin,, Berlin, and Milan in that category, They're budgeted in
excess of $1,000,000 annually, They're funded about one-third by revenues
14
'JUL 271978
derived froth the festival itself f and the remaining tt40,..thirds froth
govettiaetital ekpenditutes.
Mayor Fetter I see.
Mr, Todd: The Caan Film Festival, in fact, this year and flow itt this
last week of Variety they're spending $30,000,000 to build a new Caan
Film Festival Theater, which is a remarkable underwriting of their
confidence and support,
Mayor Ferre: I see. Excuse me for bringing the batter up, but I think it's,
in the interest of ..tt's going to happen anyway, so I think in the public
interest there have been some articles in the newspapers about some problems
that you've had in the past. Perhaps, I think it might be appropriate and
I apologize for the embarrassment, if any, that this might cause, but I
think if you want Commission sponsorship and approval I think, you need to
touch on that basis. You are a integral part of this whole thing.
Mr: Todd: I know, and I'm not at all unhappy to mention it. The financial
problems in the Atlanta Film Festival as we see it in retrospect were basically
because of my foolishness in not having a corporate structure, a Board of
Directors, and City funding, all of which we had in the Virgin Islands, all
of which we have here. It was in fact funded totally by myself and another
individual, a large Real Estate Development Firm, who unfortunately went the
way of many Real Estate Development Firms in 1974 and it was frankly not a
city supported festival as far as money is concerned, therefore, as a private
organization I was trying to hite_off tremendously more than I could chew.
My Film Company supported it to the amount that all of our profits from the
film company a every penny from the company were put into supporting the
festival, because it was my dream, and it's still my dream to create a
great international festival, and frankly, festivals are just too expensive
for one individual to support unless you're the Shaw of Iran and that basically
is the reason for the financial difficulties in Atlanta. The situation in
the Virgin Islands is very much like here. We're controlled completely by a
Board of Directors and a financial committee. We were funded there by the
private sector, by the Government, and by the festival itself, and the
festival ran on budget and in the black would be exception in the last
year when the Government of the Virgin Islands was nearly going bankrupt
and had to default on their payment which basically meant that I took a
$50,000 loss personally.
Mayor Ferre: You have support of the City of Miami Beach, as I understand?
Mr. Todd: Yes, that's correct.
Mayor Ferre: Would you tell us what that is?
Mr. Todd: They've made what we consider to be a very fair and very substantial
and generous offer to the festival. They're providing in excess of $68,000
to the festival in cash, inkind services, advertising, offices, and other
necessary facilities. The actual cash is $25,000. In addition dedicated
advertising,and by that I mean full page ads for the festival, very much
like the Eastern Airlines Prograrr, also, boxes and line mentions and all of
the advertisments in Miami Beach and public relations support and the use of
the theater.
Mayor Ferre: And, the title of this is going to be the Greater Miami International
Film Festival.
Mr. Todd: That is correct.
Mayor Ferre: Now, where will the festival be held physically?
Mr. Todd: We're being very diplomatic about that Mayor Ferre and we're splitting
it between Miami and Miami Beach. The festival headquarter's hotel are the
Intercontinental Four Ambassador's,in Miami,and the Fountainbleu,in Miami Beach.
The theaters are Gusman in Miami,and the Theater of the Performing Arts in
Miami Beach'so the public will have easy access to the films on both sides.
Mayor Ferre: Alright, are there any other questions from members of the
Commission?
JUL 2C1978
lor
6
Ht, Plutttet; Mt. Todd, is these. anyone connected faith_ this that is, going
to he taking a rofit if there is. p
a tofit?
profit,
Mt, Todd: I can't say that anybody is going to make a penny out of it,
in fact, we ate a totally none-profitttax exempt organization, We ate
federally and state. exempt and tax deductible.. t am paid a salatyt a
straight salary as an Executive Director of the organization, A11 of the
Board of Directors members have donated substantialsums of money from
$1,000 up, to $25,000 which is all tax deductible donations and in fact,
no one associated with festivals in anyway stands to gain anything, except
perhaps the pride and the thrill of seeing Miami become a major international
festival:
•
lair. Plummer: As Director, what is your salary?
Mr. Todd: I receive an annual salary of $35,000 which is the lowest Festival
Director's salary in the world and I receive an expense and travel allowance
of $15,000.
Mr. Plummer: Mr. Todd, we read, or I have read, and seen on t.v. and the
indication is that the greatest portion of the publicity and that's what
really this Commission would be at this point looking at is going to be the
bathing beauties around the pool of Miami Beach. Now, you're asking us to
expend funds and that, of course, is what draws the attention. What
assurances can you give this Commission that the publicity that goes world-
wide would be as diplomatically split between Miami and Miami Beach?
Mr. Todd: Certainly, Mr. Plummer, the festivals like Caan and like all of the
international festivals do have their share of starlets and bikinis, but a
tremendous number of the people that attend the festival are people of major
international stature, people like Steven Spillburg and John Frankenheimer
international noted directors and producers. In the past they've attended
our festivals, along with William Wyler and Frank Kafrin, Carl Foreman,
Joshua Logan, people who are known in the world of film as prestige, and
important directors. We also have the Film Market and the Trade Fair, which
we feel are publicity -generating devices which will certainly be far more
important than starlets. .In addition, we are a competitive festival, which
means we will be giving major awards just like the academy awards. And, the
films that win these prizes are extremely proud of them, and in fact, use the
prizes in advertisements throughout the world to brag about the excellence of
their film. So I would say in final answer to your question, the overview of
publicity is fairly balanced. I think you'd find it less than 10% of the
factual publicity the festival would be related to bathing beauties. I think
you'd find it much more so film makers, world premieres, and awards.
Mayor Ferre: Are there any other questions? Mr. Grassie, it's your turn now,
what's your recommendation?
Mr. Grassie: I think,Mr. Mayor and members of the City Commission, that you
have two kinds of things in front of you. One, a proposal asking that the
City support what can be a major and very important activity for our area, and
the kind of support that is being asked, I think is reasonable. You have a
second kind of question and that is what you've been addressing in the last
minute, and that really has to do with the credibility of the individuals
who are associated with the festival. I think that we have to keep in mind
that from the point -of -view of you,as an elected body,you need to have some
assurance from the citizens of Greater Miami who are on that Board,who
represent the local talent and leadership for this festival,with regard to the
insinuations and the questions that have been raised so far. I think that that
citizen's body of responsible people should be willing to give you a sense of
certainty on their staff.
(INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD)
Mr. Grassie: But, what I'm suggesting,Mr. Mayor, is that the Board of Directors,
the citizens who are volunteering their time and who are important parts of
our community,are the people who can give you the kind of assurances that you
need as a public body and I think that that should be part of the discussion we
have, But the basic question is whether or not the activity itself,f properly
conducted and if guided by the leadership people from this cominunity,whether or
16
`JUL 271978
not that is a useful sott of an act±Vity that we_ at^e_ to eupport and 1
think that out answer to that is yea..
Mayor i'ettet Aright. Any member of the public that wants to speak at
this time on this subject? I thought I might hear from you Phil.
Mr. Hamersmith. My natne is Philip Hamersmith, I'•m appearing today as
a tnetnber of the public. I also am the Film Industry Consultant to Mayor
Clark. I do not today represent Mayor Clark or the bade County Commission
in anyway on this subject. I made my opposition to this entire project,
and let me just clarify,I am not opposed in anyway whatsoever to a film
festival. I've made my opposition based on the background of Mr. J. Hunter
Todd. I've sent memorandums to Mr. Grassie and to the Mayor, to Mr. Stierheim,
and to Mayor Clark, they're all there for public record. The issue comes
down to a question of very limited funds in fiscal. governments and a
question of selfishness. The question that I have to weigh is the welfare
of film production in the area and it is my opinion, and the opinion of the
majority of members of the active film production industry in South Florida
that film festivals historically do not do anything positive in any major
way for our film production in the area. It is a fact since I also am an
Account Executive on the Miami -Metro account,that Miami -Metro which is
funded by both the County and the City,do absolutely no advertising whatso-
ever around the world for film production. There is not the funds, the budget
is approximately $210,000 to $220,000 a year to advertise the Greater Miami
area and nccre. are no funds for that kind of a program and I feel that the
better interest of Dade County and the City of Miami would be the use of
t:•hat2vcr lib ted funds there are into that kind of an advertising program.
I;: is nhy ulldt..rstanding that the entire issue may also be moot because I do
not know where the City of Miami has this kind of funding. And, secondly, it
is also my understanding that there have already been orders issued by
Mr. Grassie for the Metro -Miami Publicity Department to cooperate in an
inkind way,unless I am wrong and I should be corrected,already with the film
festival and that I would like to find out as a point of information.
Mayer Fcrre: So would I.
Mr. Ha m c rsmith: I am,as a citizen,opposed to the City of Miami government
dispensing this kind of money on this type of project that is a financial
disaster with the kind of management background its had in the past connected
with it that's about all I have to say.
Mayor Ferre: Phil, let's see if I can break this down.
Mr. Hamersmith: Sure.
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD)..
Mayor Ferre: I'm going to get into that. I sense from your letters or from
what you're saying that you've got two objections. One is an objection to an
individual that's associated with this because of past problemsthat individual
has had in related film festivals. That seems to be the major objection.
Mr. Hamersmith: It's not a personal thing in...
Mayor Ferre: No, no, no, I don't mean personal. I mean it's an individual
that you're concerned with.
Mr. Hamersmith The point was raised to me by Mr. Kahn that whatever problems
happened in the past they have happened in the past. In that time, Mr. Todd,
in this town,actively working on the Greater Miami Film Festival,has disseminated
information to publication such as Variet*4.. I believe I've sent the articles
on,where he stated or the article was attributed to him and it may not be him
that said it,it may be an incorrect report -that he had a commitment from the
City of Miami, from the State of Florida, and from Dade County for funding.
Well, that is simply not true or we wouldn't be here right now discussing it.
I can tell you that Dade County has made no commitment whatsoever and that the
State of Florida, after conferring with Ben Harris has made no commitment alsot
for funding. Now, that may be in the process and they may have made a presentation
and that's fine.
Mayor Ferre; Okay..
17
'JUL 271978
Mt. Hafnetttnith: that was the ptoblet I had ifi the Wititiet and style. that this
thing WAS being handled puhliciA►..
Mayor Ferret Ok, so that's cane pottioh of it. Let's go to the othet portion.
Are film festivals bad? Is it a bad thing for this community to have
film festival?
Mt. Hamersmith: Absolutely trot.
Mayor Ferre: So you don't have any objections to filth festivals?
Mr. Hamersmith: No..
Mayor Ferre: Now, do you have objections for communities like Miami Beach
having the Miss Universe Pageant here, I mean, we've....
Mr. Hamersmith: No, I have no ...
Mayor Ferre: ... or the City of Miami having the Trade Fair of the Americas,
wherewe spent $400,000?
Mr. Plummer: That's a bad comparison.
Mayor Ferre: Well, no, it's...
Mr. Plummer: That's a bad comparison. Mr. Mayor, excuse me, the Miami Beach
tom, Miss Universe Contest, I think we all found out was a money -making situation
lorfor individuals. I don't think anybody who put on the World Trade Fair
was there for a money -making situation, except the merchants.
Mayor Ferre: Yes, but nevertheless the City of Miami funded for years
$25,000 a year...
Mr. Plummer: That's right until we found out that there were some who were
doing pretty well in their pocketbook.
Mayor Ferre: and the point is that we did it knowing a lot of these things
because we thought it brought something to Miami. Now, alright, that may be
a bad example. Let's take the Trade Fair of the Americas, that's one where
we spent $400,000, not $20,000/$25,000 and that's was one that we funded.
We have other examplesthat,of course, are not similar, I understand. The
Folk Festival.
Mr. Plummer: The Superbowl.
Mayor Ferre: The Superbowl. There are a lot of things that we do it's a
judgment that we must take as to whether or not that type of an activity
helps or doesn't help the welfareof the community whether it be with tourism
or exposure or you know, television.
Mr. Hamersmith: I'm a very promotionally —oriented type of person and I am
not opposed to any types of promotional events. The question I see that the
Commission has before itis a question again of degree or balances whether this
merits of $50,000 expenditure of cash and inkind and in my opinion it doesn't.
Mayor Ferre: What doesn't merit?
Mr. Hamersmith: I think that the City of Miami can support it. I think there
are small amounts of inkind services that it could provide for the Greater Miami
Film Festival but I do not see the City of Miami in the tax situation that it
has and every community the government has in the fiscal crunch that we're all
aware of disbursing this kind of money for a film festival that is, one is
competing at a time with the major great film festivals, New York and
Chicago, that I think is way behind in the development of its funding and
planning,and that I think that is openly admitted is a financial deficit
operation. It's clearly has been admitted. There are some returns. I do not
think that the tourist and promotional benefits of this will anywhere nearly
come to expectations and I'd say categorically that as far as development of
the local film industry that its very minor in that part of the program..,
18
'JUL 271978.
Mayor Ferret yes,
Mr, Hamerstui tbi „ k and that'•s the picture. that I s►ee,
Mayor Ferret Well; thank you very much, Are there any questions. of Phil?
I'll tell you I would; unless it's something that you're going to add 1
Would rather not get into a debate situation wherg We don't want to get
into, you know, you say and then he wants to answer and we get into a debate,.
(INAUDIBLE BACKGROUND COMMENTS NADE OFF THE PUBLIC RECORD),
Mayor Ferret Fine, Thank you.
Mr, Goodstein: My name is Albert Goodstein and I'm Treasurer of the Inter-
national Film Festival. I've lived in Miami since 1939. I've. been in
business in Miami since 1939 and I might mention in passing that I made a
very large cash contribution to this International Film Festival and there
is nothing that could happen with the success of the Film Festival that would
benefit my business one iota, so I'm really an impartial person other than
thinking of what it might do for Miami or Miami Beach. In the last year and
one-half I've gone to the festival in Caan, gone to the festival in St. Thomas,
I've gone to the festival recently in Ireland, and the one thing that impressed
me; and the one thing that decided me that I would back this thing was that
wherever I '.ent in the three areas I saw mobs of people, I saw crowded hotel
rooms wherL:fuLth example, in St. Thomas we could only find a room a mile away
fom town we were paying $100.00 a night to stay in St. Thomas. The same
Clang hai:,de.c,i in Caan, we were three miles away from the center of activities
and paid 41OU.00 a night and this is off season in May,in Caan, going to a
bar, going to a restaurant, taxicabs, everything that happened within those
cities was mobbed. The Carlton Hotel in Caan was headquarters, there were
ninety people at the bar, I saw money floating like it was going out of style,
c,c had to requisition private cars for transportation to get anywhere. I
assimilated that to Miami in November where categorically hotel rooms are
about 30 occupancy and the town is fairly dead and if I could see 35,000 people
coming to Caan that are not involved in the Film Industry because they cannot
participate and having thousands and thousands of people coming to Miami
because it ,.uuid be open to the public and the trade and distributers, that
all I could see is the City of Miami being completely mobbed, directly perhaps
there ccul2, be a small deficit in our Film Industry, but your retailers , your
taxicabs, ali of these people that would be making dollars, people that would
he coming from all over the world into Miami at that period, it must be a
successful thing if we get any portion of what I've seen in the other three
estivals.
Mayor Ferre: Mr. Goodstein, let me ask you, are you in the film business?
Mr. Goodstein: No, sir.
Mayor Ferre: You're not anywhere related to...
Mr. Goodstein: I'm in manufacturing. I build refrigerator warehouses.
Mayor Ferre: Okay.Thank you. You're not related to making pictures. Okay.
Thank you, sir. Alright, Donald.
Mr. Kahn: We stand ready to show you either now or at anytime of your
dictation, many letters from film producers saying that a Film Festival here
is a very good thing for them, they want to see it happen.
Mayor Ferre: Alright.
Mr. Kahn; We'll show you that anytime you want us,
r#r$, Gordon; Who absorbs the deficit that you anticipate What happens, who
absorbs that deficit?
Mayor Ferre; In other words, if you have a deficit who's going to pick it
up?
Mr. Kahn; If there's a deficit and I'm not admitting there is going to be a
deficit, deficits of cultural organizations are carried over from year-to-year
unless the people most intimately concerned with the festival go into their own
pocket to come up with extra,.,
19
JUL 21978
Mayor Ferret yes, hut Donald you don't want anothet philhattnottic situation
going in Miami.
Mt. Icahn: But this is why we're being very careful With it. We ate hot
cotniniting any funds to any supplier that we cannot pay. We're not going
on the cuff for anything.
Mayor Ferre: I'd like to,after heating all of this, and I'vegotten the
file and letters and I've done some phone calling around town and I have been
trying to find out what Eastern is doing, because that's an important development
in my opinion that Eastern is evidently'committed to sponsor this so heavily,
and I think there are areas of concern but I think rather than to be
global in nature, I think we ought to be, let'sbreak it down to the specifics,
and this is what I would like to recommend to the Commission following the
Manager's advice. There arefive things that have been asked. If you'll take
out your item B and we go down the line. Alright Item 1 is use of Gusman
Hall, November loth thru November 19th. Now, that's no b.ig problem.
Mr. Plummer: Right.
Mayor Ferre: I mean, we do that for all kinds of organizations. And, Phil,
evidently you didn't have any objections to that. So I certainly would recommend
that ##1 is an easy thing to achieve. Now item ##2 is the expenditure of
$20,000 to equip Gusman Hall with movie projection equipment. Well, in --
my opinion, I'm amazed that that isn't in there. That kind of equipment
should've been...
(INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mayor Ferre: ... do you mind not interrupting? Do you have an emergency?
Unidentified Speaker: No, sir, but I would like to address that issue.
Mayor Ferre: Sir, well this is a public body here we don't operate like that
now if you want I'll be happy to recognize you but certainly, you know, not
at this point. I'll recognize you if you want in a moment. Item #i2 is the
expenditure of $20,000, to equip Gusman Hall with motion picture projection
equipment. Now, I don't think that it's a full theater unless it has that
kind of equipment, so that one doesn't bother me very much. Now, we get to
item #3, which is services of the advertising and publicity department up to
$25,000. Now, as I understand it this is an inkind type of a thing. Now, I may
disagree with you now, I certainly don't disagree with the concept of
inkind services, and Phil, it I heard you right, you said that inkind wasn't
the kind of a problem that you foresaw. Then we get to the two money items
#4 and 1/5. Again, if this thing is a success,to have $2,500 to have the
Festival award. Now, Donald let me ask you,is that the main Festival award,
that's the principal award?
Mr. Kahn: One of the main festival awards.
Mayor Ferre: No, no, I didn't ask you that. Is it the main award? Is that
the number one prize?,and it has to say City of Miami.
Mr. Kahn: Oh, yes, certainly it'll say that.
Mayor Ferre: That's the number one award?
Mr. Kahn: It will be the number one award.
Mr. Plummer: And, it'll be presented in Miami?
Mr, Kahn: Excuse me ?
Mayor Ferre: It has to be.
Mr. Plummer: Is it presented in Miami?
Mr, Kahn; It will be presented at the awards banquet.
Mr. Plummer; And, where will that be held?
20
JUL 271978
Mt, Kahn: We haven't decided,
Mr► Flutter! 4eiit then I can't decide on the Loney
Mayor Ferre: Let me finish. I'tn almost finished. As far as I'M concerned,
the $2,500 first prize award and it would be the City of Miami award, I have
no problems with that because if you get to a point where you have a festiyai
we won't spend the money unless you have a festival and there is somebody to
give a prize to ,so that doesn't bother me. Now, weget to the last one
which is where I have a problem and that's the cash grant . Nowt for us,
the City of Miami to give a cash grant, I would have certain basic
requirements for my vote anyway. One would he that a member of this
Commission serve on the Board, we'd have to have that so that we'd know.
Number two, would be that some community organization that is known and
responsible whether it be the Greater Miami Chamber of Commerce or another
would agree to somehow oversee the fiscal or assist if you would .I'm not saying
that they would have final word but that we would have the assurance that the
business community somehow other than Mrs.... and I'm not in anyway casting
any questions on Mrs. Blanka Rosenstiel and the very distinguished committee
that she has are fine people,but I would like to have some kind of a business
community oversee that things are being conducted in a business -like manner.
And, number three, I think if we're going to put up any money, I'm talking
about item 5 now, that I'd like to have a committee of auditors of some kind
whether it be made-up perhaps we might get...
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD).
Mayor Ferre: ... who are our auditors?
Mr. Grassie: Peat, Marwick, and Mitchell, sir.
Mayor Ferre: Peat, Marwick, and Mitchell, and perhaps the County auditors
who are different, I think.
Mr. Grassie: Price, Waterhouse.
Mayor Ferre: Price, Waterhouse, and maybe Miami Beach's auditors might
volunteer one person a piece to have a .committee to oversee the financial
aspects of this and report back to our respective commissions and to the
festival committee itself I'm sure would want. And, with that kind of safe-
guards, if we have that,then I would certainly think that it would be worth
risking $25,000 to have a film festival in Miami.
Mr. Kahn: Well, we accept all of those conditions and we welcome them. We
welcome the presence of a member of your Commission on our Board of Directors,
and also the very useful advice on overseeing that we can get from the
business community and from the representatives of the auditing firms.
Mayor Ferre: Oh, wait a minute, there was one other thing. I'm sorry there
was fourth thing, I just remembered. The fourth thing, Don, is that I don't
want the City of Miami to be out there alone, because you know, we always end up
sometimes being the pioneers and that costs money.. You've already got Miami
Beach for $25,000,that's fine. And, if you get our $25,000, I would want to
require that you get another $25,000 from another agency whether it's the
State or Metropolitan Dade County, then there's three of us.
Mr, Kahn: We intend to do that.
Mayor Ferre; Well, our's.would be contingent on that. In other words, we're not
going to be out there alone. If we give $25,000, you go out and give the County
to give you $25,000 or the State, either one. If you can get the County or the State,
then I Mould go along with that.
Rev. Gibson: Mr. Mayor, let me make an observation. I'm not... I think that
all these cities that will benefit from this affair ought to cooperate, For
instance, Coral Gables, in talking with some of the officials of Coral Gables
they boasted a fact they get about 50 main corporations housed here in Coral
Gables, now their Vice Mayor and I served on the policy making committee of the
Transit Outfit and he,not accidently on purpose but purposefully,told me this,
and you know,,,,
21
JUL 271978
Mayor Ferte:i'll tell you) 1 agtee with that; that's a good point, but I'll
tell you What my ptohleM is with. that. My problem isthat l tehember
Cotal Gables ttack_tecotd with_the Miss DniVetse pageantsf and to get any
Honey out of Cotal Gables...Therefore,everything that's good for Cotal
Gables but when it's a community type of a thing 1 don't see that Cotal
Gables has touch of a record in coming up with a lot of money for an
awful lot of ... and they're always crying, well, if we're a City with
$100,000,000 /$120,000,000 budget and their budget is one -tenth of outs
and that kind of stuff. But, I might agree with you, I think that we ought
to try to get Coral Gables and everybody else involved in this..
Mrs. Gordon: Dade County should be one of ...
Mayor Ferret Ve11, that's why I put as one of the conditions that our
$25,000 is predicated on the fact that Dade County comes up $25,000.
Mts. Gordon: Yes, the State's one thing but Dade County is another.
Mr.. Plummer: Mr. Mayor, as ludicrous as it might sound and fully understanding
what I'm saying, I think, on the record, it should be that if a little word
which has a lot of meaning, if there is a profit,that any excess profit go
back to the City of Miami to cover up to an amount of that which we have
contributed. I think it's fair.
Mayor Ferre: That's good.
Mr. Kahn: Excuse me, as a non-profit chartered corporation under federal
and state laws it's required legally those funds go into the operation of
the festival for the following year. If we disburse the funds to any other
party it would be considered a profit -making organization, so that's where
the money goes legally. It goes into next year's budget,
Mr. Plummer: There's no problem with that.
Mrs. Gordon: Well, what he's saying is that if we're going to lay it out
you'd be returning an advance.
Mr. Plummer: No, Rose, it will be deducted from next year's request.
Rev. Gibson: Yes, that's means you'll ask for less.
Mayor Ferre: That's what we'll end up doing in other words, if you end up,
you know, from my lips to God's ears you know, if you end up making $100,000
in this, I would say that we would expect that unfortunately that really
belongs to the City of Miami,so next year don't come asking us for $25,000.
Mr. Kahn: Well, we would still like to come back, because we would still
like you to participate in our festival.
Rev. Gibson: Sir, what you don't hear him saying is next year don't ask for
$25,000..
Mr. Kahn: I heard that.
Rev. Gibson: See, ask for $15,000, that's what he's saying or ask for $10,000.
Mr. Reboso; Mr. Kahn, is this affair going to be every year?
Mr. Kahn: Yes, I have a 10-year renewal contract with the sponsoring members
of the Board, and I hope to make Miami my permanent home to produce. this
festival from now until 2001.
Mr, Plummer: Is that a yearly option:
M. Kahn; Yes it is,for both of u$.
Mayor Ferre; Alright, where are we, what's the will of this Commission?
Mr, Plummer; Mr. Mayor, I'd like to have some more information, I'm sorry.
Now, this 'gentleman wanted to speak, ...
Mayor Ferre; Alright, what wore information do you need?
22
J U L 271978
Mr. Plumfinef I thitik. we should give hits the. fight to speak:.
Mayor Pare! Absolutely, I'm going to recognize anybody who wants to speak.
itr. Mielket My name is Sandy Mielke, I live at 2434 Swanson Avenue. I'm
employed in the City of Miami Department of Tourism Promotion. I at not
here to speakfor that organization todayi I am speaking just for thyself.
I'm addressing thyself to one particular item that's being considered and
that is the refurbishing of Gusman Hall. I happen to be somewhat of an
eicpert in that area because I have been up there to Gusman Hall, I've
conferred with Ron Wayne. I've talked to the contractor who put the
lighting in and to be perfectly honest with you $20,000 isn't even close.
It's more like $50.,000 to put in professional motion picture 35mm
and Iemm. The new lighting board an electronic lighting which has been put
into that booth,would have to be moved out. The contractor who put it in
estimates it would cost $10,000 simply to move the board. The equipment...
Mayor Ferre: Did we put in that board,or was that Mr. Gusman?
Mr. Mielke; I don't know who put it in but George Gill Associates put it in.
I talked to City of Miami electricians and they admitted that it was beyond
their ability to handle any of the electrical work up there.
Mayor Ferre: Oh I'm sure. But that was the board that was put in under
Morris design, he was the and I think ...
Mielke' Yes.
Mayor Ferre: ... Mr. Gusman paid for that. City of Miami hasn't paid ...
Mr. Mielke: No, but it would have to be moved in order to put new equipment
in it and it.takes up the entire booth right now.
Mayor Ferre: I get you.
Mr. Mielke: Once that board is moved you'd have to buy projection equipment
35 ram equipment, used equipment, the minimum you could buy 'it for $17,000.
New equipment is $24,000. 16 mm projection equipment, new equipment is
$1O,OfO. c you'd have to think it through again. $20,000 is not a realistic
estimate 1,r refurbishing Gusman Hall.
(INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Mielke: Thank you.
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mayor Ferre: The Off -Street Parkirputhority has a title to Gusman Hall.
Mr. Grassie: Well, the City...
Mayor Ferre: Technically, legally, that really means the City of Miami, because
it says City of Miami.
Mrs. Gordon: We have no control over it.
Mayor Ferre: Well, we have no control over because that was an agreement
between Mitchell Wolfson and the man who gave it.
Mrs. Gordon: I know...
Mayor Ferre; And, you don't look at a gift horse in the mouth.
Mrs, Gordon; No, the point is that the expenditure has to be made in the
amount that's being hinted at, being far in excess of $20,000, who's going
to pay for it are we, or Off -Street Parking Authority or who?
23
J U L 2 71978
Mr, Gtassie: Cofitis,sic:fie%# the presentation of the fi1t festival people
has been that they would he. Willing to take thetselveS r'espr ttsible through
an agteet ent with. the. City for the_ acquisition of the equip:hent and the
installation of it.for an amount not to exceed $20i0D.0..
Mrs, Gordon: And, if it exceeds more?
Mr. Kahn: We have written bids from three major projection equipment
companies including installation, sound, projection and screen. 1 will
admit there's a possibility of some truth about the electrical board we
were•not aware of that,but we know we can provide used equipment, 35 mm
top of the line equipment 16 sound -booth and screen installed for under
$20,000. The presenceof an electrical device in a way does present a
problem but that I don't think would be insurmountable.
Mrs. Gordon: Who absorbs the overage? Who absorbs and pays for anything
over $20,000?
Mr. Kahn: The festival would.
Mr. Plummer: Well, may I ask one other question for informational purposes:
The money you receive from Miami Beach,was that from the City Commission or
from the T.D.A.?
Mr. Kahn: The T.D.A.
Mr. Plummer: Mr. Mayor, I question since our D.D.A. is the same as the T.D.A.
why this request is not going to the D.D.A. of Miami, they have taxing
authority and they are for the Tourist Development Authority or the Downtown
Development Authority?
Mayor Ferre: Plummer, do it anyway you want you know, it...
Mr.. Plummer: Well, I'm just saying , you know, if they can afford those
very plush offices that they have down in the One Biscayne Building...
Mayor Ferre: Those very plush offices as you know, or should know by now
were mostly paid for by the Knight Foundation.
Mr. Plummer: I don't agree with that Mr. Mayor, a dollar is a dollar regardless
of where it comes from.
Mayor Ferre: Not if you find somebody to give it to you the way Roy Kenzie
found through Alvah Chapman a major donation, otherwise it would have never
been given.
Mr. Plummer: Mr. Mayor, I will go into that as you know much later, but what
I'm saying is that this is a promotional type of activity. The City of Miami
Beach is doing it from funds of promotional T.D.A. and I just seriously question
why this kind of a thing which seems logical to me to be should not be a request
to the D.D.A.
(INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Grassie: There be a difference Commissioner in that the Tourist Development
Authority on the Beach,as you know,gets its money from a special tax which is
levied specifically to encourage Tourist Development. If we were to take a
similar source of money we would have to take it out of Lew Price's budget
basically that's where we put the money that would be equivalent to the money
for the T.A.A. on the Beach.
Mr. Plummer: Well...
Mayor Ferre: Does everybody, I'm sorry, go ahead.
Mr, Plummer: My next question has to be, you know, I question whether "B" was
taken out of order because of "A" whether it was intentional or unintentional,
and I have my own opinion. Then I have to ask Mr. Grassie,are you completely
comfortable that Mr, Price's budget has this much. fat in it?
24
JUL 271978:
Mr. Grassie: Mt, Ptice�s budget does not have this fat ih it and We would
not be taking it out of this year's budget. It Would hale. to comeout of
nett year's budget aftet the.lst of Qctohef.
Mrs. Gordon: Well, isn't he also under the mandate to cut his budget nekt
year as all other departments are?
Mt. Grassie: He certainly is..
Mrs. Gordon: Well, I think you ought to have something to say about it then
don't you Joe?
Mr, Grassie: If we,as we do with every department, if we placean additional
burden on him we also give him additional funds, so that we would not simply,
if the City Commission decides to do this, we would not simply place the
burden on him. We would also provide him with additional funds;
(INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Plummer: Mr. Grassie, the allegation has been made and I think it demands
an answer -that in fact the City of Miami Publicity Department is presently
already doing inkind services, is that a fact or is it fiction?
Mr. GracGiP: The Publicity Department...
Mr. pl.unv" ''• Without Commission approval?
:•;r. Grassie: ... Well, the sort of thing that the Publicity Department does
cn a day-to-day basis to cooperate with the film industry and always neither
requires nor do I think you want to get in the business of giving day-to-day
approval. They have from me,six months ago,directions to cooperate with the
film industry. that includes I presume anything that they do for the film
festival. pre they being corporate with this industry as they are with most
oti erc :n tnwn? Absolutely so.
Mr. Plummer: T accept the answer. I just think the allegation was made and
demands an answer.
Mayor Fo rrE : Alright , thank you very much for the answer. Mr. Grassie,
and then I ,,uess we're going to either move along or hear "A" or vote on "B"
or whatever you want, whatever the will of the Commission is. On item #B, to
kind of sur up, you've heard all the discussion here. Again, would you in succinct
fcrm tc11 Liz what your recommendation is?
Mr. Grassie: First, that the film industry and the film festival as an
activity deservesthe support of the City. Second, that the City needs to be,
and particularly the City Commission as elected officials,need to be assured
with regard to the allegations that have been made in public, and the steps
that you have made as pre -conditions to our financial support I would think
would give that kind of assurance.
Mayor Ferre: And, you recommend that we proceed on this or not?
Mr. Grassie: Yes.
Mayor Ferre: What's the will of this Commission at this point?
Mr. Reboso: I think we need it Mr. Mayor. I think if ...
Mayor Ferre: Is there a motion or what?
Mr, Reboso: Well, I move it. I think if we really want to be the/capital
of tha Americas we need this International Film Festival, and the fact that
M. Todd failed in Atlanta, I think everybody is entitled to fail once in
their life, and if he has the capability and now he has a Board of Directors
and he wants to go ahead, I think we need this International Film Festival
by all means.
Mayor Ferre; Let me understand the thrust of your motion. This includes the
use of Gusman Hall from November loth thru 19th,
Mr, Reboso; In the way that you delineated the five points including the three
points that you added to Item 5,
25
JUL 271978
Mayor 'Ferret Yes. four points.
Mt, keboso: Neils four points., that'•s right.,
Mayor Ferret Ok is there a second to that motion? is there a second to
the motion? Hearing no second; it''s obvious that we ate probably going
if we put it to a vote Mr, Todd it would be defeated 5 to 2 I would vote.
for it,,,
Mr, Plummer: Mr. Mayor, since it has cote up and you'vealready counted
noes in a straw ballot, let me tell you my reluctance. I'm all in favor
of Mr, Todd, I think that this thing is a great thing for this community
fully understanding that it's going to he costly, it's not going to be a
money-maker. We do this every year when this Commission sends me to bid
for Superbowl, it costsus money, but how do you measure worldwide publicity
with a viewing audienceof a ,hundred million? You're not going to have
that,I understand. My reluctance to second this motion is simply based
upon certain members of the Administration and the Commission havereceived
information that I think is very pertinent that I have not and until I
receive that information I'm not ready to vote.k
Mayor Ferre: Well, let's be very specific.
Mr. Plummer: Very specific, there were memo's sent to you and to the Manager
which this Commission has not been privilegedto.
Mayor Terre: Mr, Plummer, let me tell you the difference and I don't mean
to insult you,but now that you've made allegations that are serious in nature
and...
Mr. Plummer: I don't consider them serious.
Mayor Ferre: ... Well, let me tell you that the memo's that I have is.
because I have taken the personal interest to call and to find out what's
going on. Most of these memorandums come from Fausto Gomez, on my staff,
who has been developing the information for me.
Mr. Plummer: Mr. Mayor, I'm not speaking of the personal work that you have
done and I compliment you for your fine work.
;Mayor Ferre: You know, they come from the Miami Herald, John Huddy
Mr. Plummer: I am saying that obviously Mr. Phil Hammersmith has made before
this Commission, that he has sent a number of memo's and articles to you and
to the Manager and that's fine, but I have not received them. Now, I might not
agree with them and as he said they might have been misquoted, but I haven't
received that information....
Mayor Ferre: Fine.
Mr. Plummer: ... I think I'm entitled to it.
Mayor Ferre: I think you are too and I'll tell you what I'm going to do I'm
just going to give you my complete file ...
W. Plummer: And once I've had time to read it Mr. Mayor , hopefully, I would
be able to second the motion.
Mayor Ferre:
about it,
.., and you pass it around and you come back and we'll talk more
Mrs. Gordon: Mr. Mayor, I think it'd be a good idea if we heard item A and then
we would be in a better position to fully understand whether we can or cannot
proceed with regard to an expenditure, whether we feel comfortable with an
expenditure of this amount.
Mayor Ferre; Alright, well then we'll epme back to.thia item. I think that's
a valid point. We're•now going to go to item #A and we're to update on current
26
JUL 4 1978
budget status.
Mrs Plummer: Mt. Mayors would it be order for copies to bemade for the
others?
Mayor Ferret Sure, you can ... listen, I want to tell you anything that's
public business that I have in my file any of you ate welcome to have whether
rausto or anybody else got them for ine is incidental. And, Phil, I'll tell
you, I think Plummet has a valid point. You wrote. Grassie and you sent me
a copy and I think you ought to send the rest of the Commission copies of
things.
Mr. Hamersmitht I just thought it was standard procedure that it would
copied and sent on by the Manager's Office and apparently it wasn't.
Mr. Grassie: Mr. Mayor, members of the City Commission, it is not standard
pfocedure for me to send out copies of every piece of correspondence. that I
get, particularly if I judge it to be of very little use, of very little
value.
Mr. Plummer: Hey, wait
Mayor Ferre: Phil...
Mr. Hamersmith: Well, that's your judgment which is. poor consistently,
Mr. Grassie.
Mayor Ferre: Phil, Phil, ok, in the future whenever you write to Grassie,
you send me a copy send a copy to...
Mr. Hamersmith: I won't write Mr. Grassie anymore I'll just send it to
all the Commissioners, ok?
Mayor Ferre: Ok.
Mr. Grassie: That's a step forward.
Mr. Plummer: Phil, I'll send him a copy whether it's useless or not.
Mayor Ferre: Hey, don't get into verbal battles around here. Going back
to Mel Reese days.
10. REPORT BY CITY ATTORNEY:
Legal Status of consideration
of new Rules and Regulations
governing .C.IVIL SERVICE
Cancel hearing 7-28-78
Mayor Ferre: ... we have a hearing tomorrow on the Civil Service Rules and I
was waiting for Mr. Knox to get here that perhaps we might touch on the legal
aspects. Would you bring us up-to-date on that and what's happened in the last
24 hours? Plummer, ok, this is Civil Service now, I just want you to hear this.
Mr. Knox: Mr. Mayor, and members of the Commission, two events occurred within
the last 24 hours which may have some impact upon your decision to hold a public
hearing regarding the proposed Civil Service Rules and Regulations Amendment.
The first thing is that the International Association of Firefighters, our
Firefighters Collective Bargaining Unit signed the Consent Decree and thereby
became parties to the Consent Decree. In addition to signing the Consent
Decree and gaining the benefits and incurring the obligations associated with
the Consent Decree the Firefighters also gained a right to provide input into
the processes that the City must employ in order to carry out the Board's order.
The Justice Department and the City has concurred at this point that it would
be appropriate in carrying out the Consent Decree to modify the Civil Service
27
JUL 271978
Rules. and Regulations in order that the rules would conform to the.Judge:,s
ittetttion regarding the Cons.ent Decree and based Upon theseconsiderations
we entered into an agreement withthe. ltfternational Association of Fire=
fighters which provided essentially that in the event that the City under-
took to accomplish any practice, policy, or procedure or adopt any
legis.lation which would becarried out for purposes of implementing the
Consent Decree that the City would advise the Firefighters Union and attempt
to resolve any differences that the Firefighters Union may have with the
policy practice or procedure. Furthermore, that in the event that these
differences were not resolved •then the question would be put to the federal
judge who has jurisdiction over this matter as to whether or not these
procedures will in fact implement his order or the Consent Decree. And, that
if a judge determines that,yes, these procedures are implementing the Consent
Decree then all the parties are bound by that determination, What this means
is that you, the City Commission should consider whether or not a public
hearing may be necessary or appropriate in light of the fact that the question
either is now or will shortly be before the court regarding the Consent
Decree and the Amendment to the Civil Service Rules and Regulation.
Mayor Ferre: I followed you until the last sentence. Now I'm at a loss.
We can consider or are you telling us that under the situation where we're at
that the Judge should rule on it before we even hear it.
Mr. Knox: Well. no, I'm saying that if you adopt changes to the rules and
regulations and a judge subsequently decides that those rulpc don't implement
the Consent Decree then you would have a form to use that is of legislative
value.
Mayor Ferre: I see, ok. So in effect what we ought to do is wait until the
Judge does his thing and then we do our thing if we're going to do it at all.
Mr. Knox: Yes, sir, that would be the recommendation.
Mr. Plummer: Really what you're saying is the Judge determines whether or not
these items for consideration are pertinent'and necessary for the implementation
isn't that what you're really saying?
Mr. Knox: Yes sir.
Mr. Plummer: Not whether or not what is proposed is right or wrong?
Mr. Knox: That's right.
Mr. Plummer: Ok.
Mayor Ferre: Well, does that mean then that it's just premature to have
this public hearing tomorrow.
Mr. Knox: In my opinion it would be, sir.
Mayor Ferre: Does anybody have an argument with that? Anybody have a problem
with that?
Mr. Plummer: Well, Mr. Mayor, I have no problem with that but it is my hope
and desire since the people who are vitally concerned, please, Mr. Manager,
that they are all individually contacted by your office telling them of the
opinion of the City Attorney and that this Commission does not contemplate
tomorrow hearing this matter.
Mr. Grassie: We will contact all of the people who have been contacted to
advise them of this hearing and tell them of your decision on this, yes.
Mrs. Gordon: I have a question, George, in relation, the Judge., when he takes
this matter up in relationship to the Consent Decree does he also take these
individual items up in relationship to the existing charter?
Mr. Knox: There is at this point the City's position is that a federal court
order would supersede the requirements of a charter in the event that their
is some conflict between the two., This is not the question that would be put
to the judge. The precise question pursuant to the agreement, the precise
question •tp be put to the Federal Court shall be whether the proposed
practic4 policy or procedure to be adopted by the City of Miami is indeed one
28
rJUL 2 71978
which. will ittplet3eft the. Consent Decree,
Mrs, Gordon: And you say,,k
Ott, Plummer: But nose., makes a very good point Georget what she is saying
basically is ,, or what I'm sayingtis, there anything being proffered in this
Change that is in violation of the charter? Is the. Judge going to ruleon
that or are you going to rule on that or has it already been done?
1r, Knox No. We are all operating at this point on a presumption. Nutbb.er
one,the Judge would not rule on that,
Mayor Ferre: That's not the forum. That's not before the court at this point.
I think that might be before some court in the future b.ut we can't forsee
what's going to happen.. I think the point is this, that at this point
because of what's happened in the last 24 hours it would be advisable for us
to hold off this hearing until the Judge rules as to whether or not it's
pertinent to the Consent Decree and after that ruling then we can proceed
if we want to at that point with some kind of a public hearing on this matter
and do it, you know. Now whether or not our act will then be tested in court is
something that only , you know, we'll have to wait and see.
Rev. Gibson: Are you saying that step one is to find out whether or not
the contents. ... the recommended changes are contrary to the intent, that's
number nnP. Number two, if the court decides against,then the aggrieved
party or parties have the opportunity to challenge whether or not what is
he;nc p '-' ' is in contradiction to the charter, isn't that the second
thing?
Mr. Knox: Yes, and the aggrieved parties in the event that a court says
this does unt, this proposal does not implement the Consent Decree any
challenge is appropriate, the Firefighters would have an opportunity and a
right to raise
Rev. GihEnn: Yes, well, that's what I'm saying, that's the second step, is
that
Mr. Teemh: Yes, Mr. Mayor, if I...
Mrs. gore:r.: May I hear your point?
Mr. Teems: Yes, Don Teems, President of Miami Association of Firefighters.
The way this came about is that we agreed to be a signatory to the Consent
Decree. In return for that agreement,we worked out an agreement with the
City to alleviate any problems with interpretation of the Consent Decree and
we arrived at an agreement that if anything that affected Firefighters were
being done within the City to implement the Consent Decree that they would
sit down and negotiate,itRe couldn't agree to the implementation..,:an
example, the 5 to 4 on the lieutenant's exams.
Mayor Ferre: The what?
Mr. Teems: When we dropped from 5-years to 4-years on taking lieutenant's
exams to help implement minority promotions, that's an example of how an
agreement can be worked out at the table with no problems. If we can't agree
then we will take it to the man who is in charge of the Consent Decree.who
is Judge Eaton,and let him decide whether it does implement the Consent Decree
or does not implement the Consent Decree and our contention on the Civil Service
Rules are exactly the same,that we can't agree on the Civil Service Rule
changes as they affect the Consent Decree so let's take them to Judge Eaton
and let him tell us where they are or they aren't.
Rev. Gibson; Now let me
Mr. Teems: Father, as it relates to the charter violations or anything like
that, I don't believe Judge Eaton has any authority to rule on it one way or
another~ He's in charge of the Consent Decree and l believe that's the ruling
he'll wake.
29
'JUL 2•C 1978
Rev. Cibs.on; Alright, now l want to heat one othet thing You knowt
l've.been saying "right along if you want tie to tango you've got to ask.
Me. One of thethings, we-haveindicated to the Administration consii.tently,is
that there is contemplated some changestor a change,that they at least
talk with you -whether it's you or the police or anybody else that they
talk with you about it, I Want it .or my benefito Will youosince these changes
ate here, will you talk with ,.. on them?
Mt. Teems: Yes.
Rev. Gibson: Alright, I just want to make sure.
Mr. Teems: Yes, sir, Father, I would say you know our problem with it is
that we felt we should've had some input in the making up,lpf the changes,
ok, but we didn't, ok., and it came before this Commission and this Commission
said, hey, we want you to talk to the Employee Organization and we did. I
would say at least a half a dozen.
Mr. Plummer: Well, I think more, you know, we can debate back and forth
whether or not you should have input. Now , but once it was established
have you been apprised by the Administration through the Civil Service
hearings up to the point of this Commission or did it get all the way here
before you all were made aware?
Mr. Teems: No, sir, it didn't.
Mr. Plummer: No it did not what?
Mr. Teems: It didn't get all the way here before we. were aware.
Mr. Plummer: You were kept apprised all the way along.
Mr. Teems: Yes.
Mr. Plummer: I think that's what we want to hear..
Rev. Gibson: Sure. Definitely, that's my ... Now, you all don't agree
so you want the Judge to say•it.
Mr. Teems: Yes sir, we want him to tell us whether, in fact, the Consent
Decree requires any changes,that's all.
Rev. Gibson: Alright.
Mayor Ferre: Alright, well then, I think at this point if I read the
unanimous feeling of this Commission is that you thus inform the interested
parties all of them that we will not have a public hearing on the Civil
Service changes tomorrow.
Mrs. Gordon: Then, what time would you call the meeting for tomorrow instead
of 2:00 o'clock,Maurice?
Mayor Ferre: Well, what time do you want to meet? It's all the same to
me.
Mrs. Gordon: Do we have any items that need to be heard before the 5:00 o'clock
meeting?
Mayor Ferre: Yes.
Mr. Grassier Yes, if you were to have a meeting at 4:00 o'clock I think that
you could probably take care of all the business that you have.
Mrs. Gordon; Ok.
Mayor Ferre: Alright, well then we'll meet tomorrow at 4;00 o'clock rather
than at 2:00 o'clock, is that alright with everybody now?
Mrs. Gordon:, That suitsme. fine,
30
`JUL 271978
f
Mr. Pluth her t Fine:.,
Mayor Ferret Oks.
Mr. Sherman: I'd like to snake a comment Mr. Mayor) Commissioners. My
name is A.G. Shertnan) I'm President of AFSCME Local 190.7,and in answer to
Mr. Plummer's statement to Mr. Teems, had we been involved or kept up -to-
date. Our organization only had three meetings with Mr. Krause and
Mr. Mielke and we only got up to page 12 before it went before the Civil
Board so I just want to make you aware that we did not have complete input.
Mayor Ferre: Alright, Mr. Sherman, thank you.
11. DISCUSSION _ITEt1: Current 3UDGET status FY 78-79
preliminary protections
:mayor Ferre: Alright, now we're back to item A, so I'm sorry that we keep
doing this to you.
Mr. Grassie: Mr. Mayor and members of the City Commission, you know that we have
tried to keen you up-to-date on progress in our current budget as we look forward
to next yaar's budget and this is one more of the reports that we want to make to
you so that you know what our status is now in the current year. Mr. Howard Gary
will introduce tha cnhja_ct.
Mr. Gary: Ok. In your package you have a memo from me to Mr. Grassie. In
summary, the second status reveals that the City will receive approximately
$57.3 million in revenues and expend approximately $97 million in expenditures
for c net fund balance as projected for this year of approximately $300,000.
N.w the difference between the first estimate which we gave you and this
e6timaLe is Lhe net increase of $754,000 approximately. The reason for this
is, is that projecting a larger increase in salary surplus for this
year. Now this is due mainly to ... that figure is approximately $1.1 million
more. This is attributable mainly to vacancies that exist in departments
that we are i.rojecting will remain vacant til the end of the year. The second
reason for tie net increase is that we finally received all of our Counter"
cyclical Revenue Sharing and from the first report to this one we have lost
approximately $375,000. Now there's a complicated formula by which they
allocate these funds to us but in essence it's mainly due to the fluctuation
in the revenues as a result of the fluctuation in the data that determines
how much money'each City receives. Another contributing factor is that this
year,as opposed to previous years,a lot of small towns are eligible to receive
Countercyclical Revenue Sharing that were not eligible in the past. Now, if
I may, I'd like to give you a summary to show you the projected deficits and
the increases in revenues and expenditures. The ad valorem taxes,and I'll
deal mainly with a modified budget. The modified budget reflects•..the difference
between the adopted budget«of those adjustments that have been made by the
City Commission to the adopted budget as a result of ordinances, so we'll be
dealing in this column here. We anticipated $36.8 million in ad valorem taxes.
Now,we received our final statement from Dade County stating that we will
actually receive $38.2 million, approximately $38.3 million. Revenues from
ad valorem will increase by approximately $1.4 million. In other sources
other than ad valorem taxes,we're projecting that we'll be about $1,000,000
short. Now some of the reasons for that I discussed at the last meeting were
mainly that we're going to lose $1.1 million from Dade County as a result of
the reduction in the court fines that they anticipated receiving for this year.
Dade County initially,at the beginning of the fiscal yearlhad increased the
fines that would be charged in their courts. The Supreme Court found that to
be ut,constitutional;as a result,we're going to lose about $1.1 million in
revenues. The second reduction...
Mr. Plummer: What will we get?
Mr, Gary: We'll be getting approximately..we'il be getting $945,000 as
Apposed to $2.1 million.
31
'JUL 271978
Mt, Plummet: What Was let year?
Mr, Gary: Last year waa appro,d ately $94 .1000.,
Mt, Flutter: It Vas about the sate,
Mr, Gary: Yes, But because they increased the court fines they allowed us
to anticipate a higher amount,
Mr, Plummer: Ok, are you still applying the sane two-thirds/ one-third
formula?
Mr, Gary: Yes. Ok, in fund balance this year we. anticipated $1,000.,000
in fund balance. Now, Peat, Marwick, Mitchell & Co., has done. a preliminary
study on the. financial statement which reveals that we're going to get
approximately $856,000. However, as a result of Dade County overstating
our tax delinquencies in prior years not only will we not receive the
$1,000,000 but we will also be in the red by $95,736. Now , approximately
two meetings ago, you appropriated $95,736 to cover this deficit. In terms
of salary savingsthis is the amount of money that each department has to
save.. Wehad anticipated $1.5 million. We will achieve the $1.5 million
and even more that's a difference., Approximately, two meetings ago: you
appropriated $240.,161 from the Street Lighting Fund.. This was to cover the
$9.5,000 deficit here plus the $98,000. for the University of Chicago contract
and the money for the physicals for the Fire Department..
Mr. Plummer: Lifeguards and ...
Mr. Gary: Well, you never passed the lifeguards at the last one.
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE RECORD).
Mr. Gary: It's on today, right? So,overall,our revenues have decreased by
$596,128. Now to get the other side to come to a net fund balance you have
to look at the expenditures. We have appropriated in a modified budget
approximately $53.3 million for salaries and wages. We're anticipating
spending $50,000,000. So we're projecting approximately 2.6 million dollars
in surplus. Now. this $2.5 million is offset by this $1.5 million for
salary savings. So $1.5 million of this is for salary savings._ The net is
that we're approximately a little under $1,00Q,000 over the required salary
savings. We're also having some overruns in other expenses, these are mainly
attributable to coststhat were not forseen during the development of the
budget. They're mainly madeup of electric and water increase costs at the
11111 parks,also as the result of us lapsing approximately $82,000 in fund balance
from the Second Dollar Program. So overall,we're going to spend $880,000.
less than we have budgeted, this is the net. $880,000 less in expenditures,
or just look at revenues and expenditures, we're going to receive $97.3 million,
we're going to spend $97 million.. We have a projected Fund Balance of
$284,000 approximately $30.0,00.0.
Mr. Plummer: Surplus?
Mr. Gary: Yes.
Mr. Plummer: Surplus?
Mr. Gary: Yes.
Mr. Grassie: Now the important thing to realize about this is that what makes
the difference is the fact that we're not letting the department's fill
vacancies and consequently we have a salary savings of $1,00Q,000 more than
was budgeted but the only way we achieve that is by not filling the vacancies
in the short run,that's how we're making up the money.
Mr, Gary; Ok,
Mr, Plummer: Let me ask a question.
Mr, Grassie: Sure..
Mr, Plummer; I'm interested in that area of salaries in which -you show
$2.5 million savings, if I can use that terminology?
32
'JUL 271978
Mr. Gay: Yens ptolectedk
Mt. Plummer: Oki and you itolect in salary sayings of $1.5 onion which
deans there. is $1s0.0.0;000. tote than what you projected.
Mr. Gary; Yes.
Mr, Plummer: There did that million go?
Mr. Gary: Where did that millibn go?
Mr. Plummer: Yes,
Mr. Gary: We haven't spent it, the million is used to offset the deficit
up here in revenues.
Mr. Plummer: Ok, then you still got $400,000. left..
Mr. Gary: Ok $400,000, I guess,if I may ,we're using themillion to offset
the $596,000 plus the $200,000 in overruns here for a net we'll be under
$880,0.00.. So your net after you take out the surpluses and your deficits
gives you $284,000.
Mr. Plummer: Awful broad coverage but I'll accept it. So what you're saying
the bottomline,that we're not in trouble to theturn of $250,000 •
Mr. Gary: No, right..
Mr. Plummer: We're enjoying the luxury of coming up better than a deficit.
Mr. Gary: Right.
Mr. Grassie: This is on the assumption that we continue the policy through
the end of September holding on many of these vacancies that's the way we're
going to get to that point.
Mr. Plummer: Mr. Gary, if you ever lose your job here you can go to work for
Barnum and Bailey as a juggler, you'll be in the center ring.
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD).
Mr. Plummer: Not at all, I'm not disappointed. I'm elated.
Mr. Gary: You know just to give you some, I've talked about most of the
revenue expenditure increases. I'd like to just give you an overview in some
of the increases and decreases. As I said before, Metro Dade County Court
we plan to lose approximately $1.2 million. Utility Service Taxes as a
result of the rate increase and also the increase use of utilities we're
projecting to get approximately $2.8 million more in that area. As I said
before Countercyclical we lost $1.1 million over what we originally
anticipated. The Cigarette Tax we're losing approximately $540,000 and this
is due to the reduction in cigarette sales and unofficial,supposedly,bootlegging
of cigarettes which we don't get any taxes from. State Revenue Sharing we
anticipate losing $495,000. Miscellaneous Police Department Reports approximately
$121,000. Another miscellaneous $270,000. On the expenditure side we have an
overrun in the Motor Pool in the Police Department, the Second Dollar Training
Program, we lapsed in the surplus has to be re -appropriated which is being
expended. Maintenance of the Kennels $4,000, K-9 Transportation $6,000 for
a difference of one nine -eight.
(INAUDIBLE BACKGROUND COMMENT)
Mr. Gary: Yes, I can get you a copy of that.
Mrs. Gordon; I'd like copies of everything you're showing us.
Mr. Gary: Ok, we'll do.
Mr. Mummer; Make it in_triplicate.
33
'J U L 2 71978
Mt. Gary;
I'd like to take a mite too that we will coiYtittue. to do these
updates to see whether of not out projections. ate falling in line or falling
under or over what they ate tight now and we"ll be giving you another
presentation within the. neat future,,
Mr, Plummer: Well, let me ask you to look into your crystal ball a little
bit, This year is drawing rapidly to a close and if you don't want to
speak today I want a memo tomorrow, I'll give you that latitude, You have
told us all of that red ink is areas that are what red implies danger,
what are you looking to or what do you already know about next year as faras
any major significant dropping in revenue of which this City has enjoyed?
Now if you would rather not go off to bat with that then do it in a memo,
hut I am aware that there are some areas in which. this City must be aware
and I would like to be aware of great drop in revenue to this City hecause
before anybody takes this ball of $284,000 in thinking that we're fat cats
I would like to havesome idea, you know, the good with the bad. So you
can do it in a memo or you can do it however you want but I want some
reality.
Mr. Grassie: You're definitely right, Commissioner. For example, one of the
areas that we're very concerned about is the whole question of national
legislation on the countercyclical funds. That could cost uswell over
$2,0.00,000 if it is not again enacted. We have that sort of thing that is
unknown at this point but which is very much of a concern to us.In addition,
to which we're going through a budget process right now with departments,
very difficult for them, in which we're trying to find more than $2,000,000.
So,you're right/we have some serious problems and if you would like we can
try and get some of the uncertainties down on paper for you.
Mr. Plummer: Well, also what bothers me tremendously Mr. Manager, is the fact
that the State is now implementing a bi-annual budget which means that when
they adopt a two-year budget that good or bad we're stuck as the City
developing or receiving revenue, if we come out to the good we enjoy it for
two -years but if we come out bad which is usually the case we suffer for two
years rather than one without having a shot to change it, and that bothers
me tremendously if the State adopting that kind of budget where we have to
adopt as usual an annual budget;and I guess really what I'm saying Mr. Gary,
the real answer that I want,what you are projecting or contemplating from the
State, is it going to be in fact, are you aware that it possibly is going to
be a great deal less to the City, about the same?more?,because whatever it is
it's going to be for two -years rather than one, and very few people picked
up on the fact that that could be very,very damaging to a City. So in that
particular area is what I want you to speak to in any memo that you furnish
me or the Commission, furnish the Commission with .
Mr. Gary: We can do that but I'd like to make a note,even if they give us a
figure that we can anticipate that's still no guarantee that we can even,
you know, or receive what they give us as an anticipation.
Mr. Plummer: Well, I understand that but you still have to go on some
premise.
Mr. Gary: I agree.
Mr. Grassie: If there are no further questions Mr. Mayor, we could pass to
the next agenda item.
Mayor Ferre: Any other questions on item A? Further questions on item A?
Mrs. Gordon: When will the budget be completed for presentation to the
Commission for study?
Mr. Grassie: We anticipate as soon as you get back from vacation ,Commissioner.
We're going to start scheduling you as.soon as your vacation is done.
Mrs. Gordon: I know but when will we receive so that we can study it ourselves
individually before any kind of hearings are held so we'd be totally familiar
with. it?
34
'JUL 271978
Mt. Grassie! Astarget dates we're talking about the lst of Septetnbet and
your meetings starting possibly a week later.
Mrs► Gordon: Is there any chance of ushaving it at some point it August?
Mt, Grassie: I'd liketo say yes, but having gone throughseveral
departmental reviewsand knowing the work that they have to do to go
back and try and re -adjust their budgets, I don't think it would be
realistic for me to tell you that you'll get it beforethen, no.
Mrs. Gordon: And, also a question is this, if in fact, the budgets are
adjusted and the savings are developed within departments, is there any
possibility that there may he some millage reduction?
Mr, Grassie:' It is always possible if you are willing to make the necessary
cuts in departmental personnel;without that, it is not possible,no.
Mrs. Gordon: Would you, in your analysis that you're going to be bringing
to us, will you be bringing us some suggestions perhaps that might bring
about a reduction of some amount? I'll tell you the... I'm out a great in the
community and I heard a presentation yesterday about that group that's
running around the State getting a petition signed to cut our millage down
to 5 and I don't think we can take this too lightly either because they are
getting support in areas that you really wouldn't expect, I mean, they're
getting C1grport from business people, property owners, investors, they're
getting support from almost across the board and yet they're not taking into
consideration a lot of things like how you're going to get services
delivered to the community, etc. Yet,it's like a fever, it's almost just
exactly like a fever,it's spreading.
Mr. Plummer: Rose don't worry about it1the morning newspaper is opposed to it.
Mrs. Gordon: Well, J. L., you may think that is funny but I'll tell you whether
the paperis opposed to it or not.
Mr. Plummer: They'll pass it faster than anything.
Mayor Fe'--c' Mr. Plummer is there anything else? Mrs. Gordon, you want to...?
Mrs. Gory At least, I would like you to give us some kind of an analysis on
that ba3ii, uk?
"Mayor Ferre: Alright, Mr. Grassie.
12. DISCUSSION OF BIDS RECEIVED: COMPUTERS AND
COMMUNICATIONS EQUIPMENT
See Items 24, 25, 26 for award of bids.
J•
Mayor Ferre: Alright, we're now on item
and Communications, Mr. Grassie?
Mr. Grassie: Mr. Mayor and members of the City Commission, this item which
normally would be treated as a simple purchase item, is put on your Committee
of the Whole Agenda for discussion because it turned out to be much more
complex a process with much longer background of evaluation than is typical
of most of our purchases. For that reason,it is here for discussion with you
so that we can give you a full background, try to satisfy your questions about
the item and give you an opportunity to have any point that you wish explored.
So with that I'm going to ask Mr. Bill Smith, who is head of the Department of
Computers and Communications,to introduce the subject of the purchase of
computers for the Police, Fire and general government purposes,, to describe for
you the kind of process that we have been going through and the equipment that
is proposed for purpose.
Mr, Smith: Basically,the bids that have gone have been for the police mobil
C, Discussion of bids for Computers
35
JUL 271978
digital terminal 9.ySteth which would provide computer communications directly
into thepoliceautoiobij.es, and thereby speeding up the processes; the
inVestigations.fot than, checking out through the state and federal computet
compounds within a relatively Short period of time, basically four and
one-half seconds for response tithe. The Fire system, again,is a communications
computers being utilized by the Fire Department basically with a dispatch
end and the abilities for theprinters to be installed in the trucks which
would transmit the data to the fire truck on their way,any data which would,
may consist of what is being stored in a particular building, how many
tenants, this type of information. The City computer system basically is
meant for the building up of the financial data and the general business
of the City, and that's the basic concensus of all of thes.e. In the process,
we've contracted with the Sacks Freeman Corporation to evaluate our evaluation.
We have their report back and we've tried to make sure that we followed all
the legal attributes of the system, so we've got some rulings on that..
Mayor Ferre: Mr. Grassie, anything else?
Mr Grassie: Basically, I guess,I would like to make three, maybe four points
with the City Commission. One, that we've had a Committee of Users, including
the Police Chief, the Fire Chief, Finance Director, and so on, evaluating the
bids and they have come to the conclusion that the proposed purchases will do
the best job for the City.. In addition to that, we have had this firm of
Sack Freeman, an independent firm analyze the bid process and they apparently
have come to the conclusion that the recommended package of equipment is ...
Mayor Ferre: Is this the firm that we retained for $2,500 or whatever it was?
Mr. Grassie: That is correct. We retained them specifically to analyze
the bids and to give us a report which is in front of you now.
Mayor Ferre: And, their conclusion is what?
Mr. Grassie: Let me ask Bill Smith to bring out for you the principal points
of their conclusions.
Mr. Smith: They have reviewed the submitted proposals and they have in
essence ...
Mr. Grassie: Speak into the mike Bill.
Mr. Smith: Ok. They have concurred with us in our findings on who the bid
should be awarded to and also have concurred with us in the estimates of our
costs savings, and of one versus the other, and the general, they've
pointed out several areas that we should be cognizant of when we go into
contracts and negotiations and all this will be followed as we proceed through.
Mr. Plummer: Are you finished,Mr. Smith?
Mr. Smith: Yes.
Mr. Plummer: Mr. Mayor, I have been deeply, deeply involved in this entire
process because some things came forward that in my estimation gave reason
for deeper, deeper look, I broached the subject prior, and the thing that
triggered me was the fact that we were offering approximately $2,000,000
in computers, and the thing that bothered me,Mr. Mayor,was that only three
companies, three companies, saw fit to bid on $2,000,000 of computers and
well recognized companies in the field, such as, IBM, probably one of the
biggest,saw fit not to bid. Other large known concerns did not bid and that
is what originally aroused my curiosity. Mr. Mayor, I would like first to
compliment Mr. Smith, who I have the greatest respect for and I've only known
him for a short period of time,and Mr. Grassie for really allowing me to get
into this in the depths that I was afforded. My concern still remains number
one, that this SacksFreeman,of Jacksonville, report which I thought was most
crucial, was not given to me until this morning, that's number one.
Mayor Ferre: Well, let's take them one at a time, you want answer that now?
Mr. Smith: Ok,
36
'JUL 2 71978
Mt, Gtassie:Well 1 received the report at 8:30 P+Ms last night, So, 1 guess
that's the reason that no one has received it before how, The consultants
ate here and 1 guess they Can tell you when they finished the reportl
Mt, Plummer: Mr. Grassie, please, 1 'm not accusing, not I'm inferring
that it was intentionally done one hour, two hours before, I realize they
wete under a time frame, and they admirably in getting their work completed
in 8-days. The point is, that their work was completed on time, but yet
you're asking me to make -a multi -million dollar decision without even having
the time to discuss and to digest their report because just scanning this
report, to me, the bottomline when this City, who in the past has had awful
experience in the areas of computers , the bottomline of spending a total
package of $3,000,000 and the consultant makes the following statement:
"in-depth investigation into all aspects of bidding response to the bids
specs were not possible."Now you know, I think the time should be afforded
if it takes 18-days instead of 8, or 28-days, when we go to a consultant
I think,we're spending $3,000,000, we should have them go into in-depth, totally.
You know, we have an awful experience with the present computers on good,
professional advice which we paid an awful lot of money to get, and the one
question that I wanted to proffer to this independent firm because I was
unaware that they were already in progress doing their work and I think
it's a most critical, critical issue and that is, do we really need more
computers? As you know, I have expressed to you I am tremendously upset
that the Fire Department is not going to have a dedicated computer, it will
oe a shared computer with priority. Now that sounds good. But let me tell
jcu sometIli,ig,as I have traveled around the United States, the one thing
that has oLeil impressed upon me tremendously is that the Fire Department
as the Police Department, the Police Department has its own dedicated
computer, that the Fire Department likewise should have its dedicated
-omputer. not shared with priority but dedicated. These,as it relates to
the package as far as fire is concerned,those bids are going to be thrown
out and rebid, correct Mr. Smith?
Mr. Smith: The RF portion of it, radio portion of it.,
Mr. Plummer: Ok, that portion of it, yes. I merely would ask this Commission
that 1,as Well as yourselves,be given the opportunity to read this report and
to affnra c"1's Freeman,the opportunity to go in indepth to this total
$3,003.00C, package before this Commission makes a decision. I think that
its only• fair. and I'm not going to bring up some of the other aspects because
in my estimation this boils down into two facets. One, the technical aspect
and that's why I asked Mr. Grassie to get an independent company who does
not sell a product to make the analyzation; and 'second, my old pet peeve what I
can conceive,possibly, and I under line the word'possibly" as irregularities in
the specification writing. Now I separate those two, and the second, I can
deal with at a later time, but I want to tell you something this is a major
step. We're expending $3,000,000 and I think anything less than an independent
company making a total in-depth study is not justification for this Commission
to make a decision and I'll leave it at that. If you want to go into it, I'll
bring you a stack of papers in here fourteen miles high.
Rev. Gibson: May I ask a question?
Mr. Plummer: Please do, Father. I'm one opinion.
Rev. Gibson: Are the representatives of the company here?
Mr. Smith: Yes,they are.
Rev. Gibson: Where are they?
.Mr. Plummer: Which, excuse me, which company? No, I think Father was asking
of the consultants, really.
Rev. Gibson.; The consultants, that's who I'm interested in. Sir, we paid you
to tell us. I'm not a technician, I deal with people, that's my hussle,
Your hussle is to tell us whether we're going right or wrong. Do you need
more time to adequately, properly advise us? I read what you say in closing
we would like to point out the correct negotiation associated with this
procurement are crucial." 'You know, I can read a little not much, I'd dike
for you to tad the mike since we are paying you to do it,.
7
6UL 271978
Mt. Sacks: Yes! sit, Mt, Mayot and Commissioners, my hate is lerhett
Sacks 4of Sacks,/ freeman Associates.. Let me first, if I inay comment on
out objective in out investigation,what we were asked to do, We wete
asked to review the submitted proposals Qn this procurement. We were
asked to look at the merits of each proposal and compare them relative
to each other and pay particular consideration to the documented bid
evaluations that were conducted by the City of Miami to determine whether
the City's evaluation , whether or not we concurred with the City's
evaluations of the bids. We did all of this to the extent that we were
able to in the time available and with the information available to us.
What we had to do were a number of things, We had to primarily look at
the bids in terms 6'f an equitable basis for comparison , the bidders bidded
on different bases., We had to look at the two bids_ and say, ok now, let's
not compare apples and oranges.,let's make adjustments in terms of dollars
or other factors so that we can compare equitably the bids, one against
the other. Sometimes,this evaluation reflected itself in dollar comparisons.
We could make an adjustment by saying, if we add a dollar amount to one bid
or.subtract a dollar amount,the comparison would then be equitable so the
result would be reflected in dollars. In some cases, the comparison could
not be made on a purely dollar basis and a subjective judgment which had
been made by the City was reviewed by us to determine whether was
subjective. , the decision was a reasonably one. Now, with all that back-
ground, I guess what we're saying is that we feel we did a satisfactory
job in terms of making an evaluation on the successful bidders on this
procurement. Now,there's always a risk that certain material in spending
additional time could uncover other decisions in one way or another. We
feel, and one could spend six months doing this if you'd like, and perhaps
still not uncover all the answers one would like. We feel we have hit the
major requirements in making decisions on these bids and our decision reflects
this.
Rev. Gibson: Alright, let me ask another question. If you were ... let me
ask this so that, you know, $3,000,000 is a lot of money, like Plummer said,
you know.
Mr. Sacks: Yes, sir.
Mr. Plummer: Mr. Sacks, excuse me, Father are you finished? Mr. Sacks, let
me ask you this sir, and I want this Commission to know that I would like
to see, we're going on vacation for the month of August. Do you feel that
you could come here with a satisfactory answer for our first meeting five
days prior to our meeting? It gives you another 30-days. Do an an in-depth
study, answering the primary question, do we need more computers or is there
a more advantageous way?and go into depth into these specs in a 30-day time
frame?
Mr. Sacks: If you're asking if we could do this, the answer is yes.
Mr. Plummer: Alright. Do you think it would be advantageous to give you
more time to do such, to the City?
Mr. Sacks: I can only say that in terms of the evaluation of the bids, that
we could do it. I think the likelihood is very remote that the decision would
change as a result of a more in-depth investigation.
Mr. Plummer: I'm not trying to mold your decision.
Mr. Sacks: Yes.
Mr, Plummer: Alright, sir. Mr. Mayor, I would make a motion at this time,
that this look -further, an additional 30-day look by SacksFreeman,be done
and that the report be submitted to us 5=days prior to the meeting.
Mayor Ferre: Alright.
Mr, Plummer; And I want to make it very clear Mr. Mayor, and I'll put it on
the record right now so there will be no misunderstanding. Sacks, I want you
to have a bottomline, sir, based upon your look, you recommend the following,
and that will be my motion, But I want that first question determined without
question, that we do need because it is my understanding of these specs that
we're buying two pretty good size computers, And, I've always heard the
38
JUL 1918
tettinology used,"gatbage ih$ getbege out; acid i want to take sure that
the heed is there., I'll offet that ii the form of a motion.
Mayot Fette: Attight, We have a inn tibt5., it these a second to the notion'?
Mr. Reboso Second,
Mayor Ferret Second, Alright, under discussion.,
Rev. Gibson: Question, Mr. Mayor, before I vote so I could be intelligent.
Those people who use these cotnputersjl want to heat what they have to say.
Mayor Ferret Sure.
Rev. Gibson! I want the Fire Department to speak. I want the Police Depart-
ment to speak, because it's very important. Now, if I heard that gentleman
tight, I'm not going to know anymore 30-days from today than I know now....
Mr's. Gordon! Yes, and ...
Rev. Gibson: ... and you know, I want to make sure.. I don't want to delay
because let me tell you what bothers me, if, not a single member of this
Commission has gone through what I went through,and that was I came near
not being here, and I don't want to, you know, let me hear them.,
Mr. Grassie: Chief Ed Proli will speak for the Fire Department.
Mr. Plummer: Excuse me, Mr. Manger, just one moment, Mr. Sacks, if my motion
does pass, I would also sir, want you to address the other question which I
raised vis-a-vis a computer dedicated to the Fire Department as opposed to
a computer with priority,ok? Because it is a concern of mine..
Chief Proli:I guess the first question I have to askis if we delay this 120-
days the bid of the whole thing has been exceeded, Imean, if we.delay this
30-days, 3-weeks, 4-weeks, and the bid opening took place 120.-days ago, we
would now be out -of -business in terms that we have to go out either to
rebid all over again or the particular people who submitted bids would have
to exercise sort of an option of sometime of extending their prices, I guess
that's the first thing...
Mr. Plummer: Chief, if I'm not given incorrect information, the 90-day
guarantee by the companies who bid expired two days ago. E-Systems, is that
correct? So they would have to give it even fortoday, sir.
Mrs. Gordon: Well, are they here?
Mr. Plummer: Yes, E-Systems is.
Mrs. Gordon: And, have the agreed to the extension or even to two -days?
Mr. Plummer: I'm sure they are.
Mrs. Gordon: I'm sure they have too. I'd like the Chief to speak directly
to the point that you raised as to the separation and so forth or satisfactory
the way presented or whatever.
Chief Proli:...great respect for Commissioner Plummer, he has become deeply
involved in terms of these specifications. Chief Hickman previously and
Chief Brice served on the ITS Committee (Interdepartmental Telecommunication
Systems) meeting in terms of recommending this proposal to the Commission.
Mrs. Gordon; As presented.
Chief Proli: As presented,that's correct. Personally, I spoke to him just
before he left in regards to this, and as the Fire Chief, he's in favor of
awarding the contract to Burroughs,both iron the economical standpoint of view, in
erms__of ._the amount pf_mone_y that_,the Fire Department does_ have and he feels
pretty_ confident in his own mind after we sent one of our people to Jacksonville,
who has a similar type. of Burroughs68QQ unit, that ft has the power source, the
f lexib lity, that would be needed, and if we would have the priority that
Commissioner Plummer, has spoken to, It does have the capability in the future
if this is not so to go to an attachment or another computer, So the urgency,
39
•
'JUL 271978
thetea two Ways I.Jtust answer this questions if this two or three weeks,
of` four weeks delay dpesn "t _mean that we have to go out for rebids , I
have no problems with_itk If it means that in the long run we would
have to go out to rebid and Burroughs was awarded once again,it would build
a delay between threeand six months, in terms of computer aiden aiapatch.
Mr. Plummer: I understand that.
Chief Proli: If we have to go to a separate computer it would build in between
a nine and twelve month. delay. At this point, I will say the urgency
isn't upon us providing the particular people who have submitted proposals
would extend their prices,
Mr. Plummer: Well, let the make...
Mr. Grassie: If I could, just so the City Commission understands what the
position of the Fire Department is. What is the preference of the Fire
Department with regard to awarding now or delaying?
Rev. Gibson: That's exactly what I want to hear.
Mrs. Gordon: That's what we want to know.
Mr. Grassie: What do you want them to do?
Chief Proli: I would say that if it delays it and we have to go out fora
rebid I'm against it.
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD).
Chief Proli: Ok. I'm saying to you right now the Fire Department is
satisfied with the recommendations that' been submitted by the ITS Committee.
We participated in the recommendation. A great number of men were involved
in the decision -making process. Chief Brice, personally, in the Fire Depart-
ment,is satisfied that we will go out with the RF equipment separately.
Rev. Gibson: Ok. Sir, let me hear the Police Department, since, you know,
I think that since I don't use it, you all do, let me hear you. Where is
the Police Department people?
Asst. Chief Doherty: Right here, Reverend.
Rev. Gibson: Oh, I'm sorry. Please forgive me.
Asst. Chief Doherty: Our position is the mobile digital portion of this is
separate from the other City computer. The mobile digital portion is the
completion of the. computer -aided dispatch that we presently have in operation.
The computer aided dispatch. will never be iQQ% effective until we have mobile.
digital. We've delayed the mobile digital in order to lump the bids in with
the main City computer to try to save the City money. However, there are
only two firms in the country that are now making mobile digital . We've tested
it out completely. We've traveled all around the country. We were ready to
go a year ago. We're ready to go today. But one of the fears that I had
delaying this mobile digital implementation as far as the Police are concerned,
we're going to run smack into a conflict with. the 911 implementation, and now
we're getting all kinds of hassles.
Mayor Ferre: Oh, Boy!
Asst. Chief Doherty; We're ready to go now. We're ready to plug in and operate
the mobile digital. The effects of not having are intangible, it's a matter of
efficiency. However, if we had to rebid and retest we're talking about a year's
delay. We're hack into the problems of additional funds, and we're back into
the problem our LEA grant -as tied in with our RF, radio installation that goes
along with the 900 , it's just a can of worms. We're well satisfied
40
JUL 271978
that the bidding ptocess.We're Well satisfied with the operational
test and we're ready to go tight now Any delay will ...
Mt. Plummer: tet the take one other comment, Father, and fot Rose and
fot the test of the Commission. My motion is only predicated upon both
of the bidders or three of,the bidders agreeing to hold theit bids until
this study is finished, ok. Now, I also recognize and am very cognizant
of the time. Unfortunately, a great deal around this place here is
operation by crisis. I heard Phil Doherty's statements by someone else
two years ago,when we talked of the mobile ligitals in the cats that time
was of the essence, that was two years ago and they're still not in the
cars.
Mayor Ferre: When are they going to be in the cars?
Mr. Plummer: Well, they're saying that it can be on line almost immediately,
and I don't disagree with that. It probably is in fact the case, but I
heard the urgent cry for," do it now", it has to be done now, and I heard
that cry two years ago.
Mayor Ferre: Well, J. L.,you've got the representatives of both of these
operations now, and I think we just got to ask them, are you willing to
just hold still for 30 days , E-Systems?
Rev. Gibson: No, we want it on the mike, oh, yes!
Mr. Plummer: Come to the mike. We'd like to put you on the record.
Rev. Gibscn: Go for the record.
Mayor Ferre: Is Motorola here?
Mr. Plummer: I don't think anybody from Motorola is here.
Rev. Gibson: Tell us who you are,sir.
Mrs. Gordon: Which firm is this?
Mr. Gei:1i : Ny name is Jeff Gentry. I'm Vice President of Finance and
Administration for the Garland Division of E-Systems, the Division that
producei3 i he mobile digital ...
Mayor Ferre: Are you the one that's being recommended, Mr. Grassie, the
Administration recommends them as the successful bidder, right?
Mr. Grassie: That's correct.
Mrs. Gordon: Which firm is this?
Mr. Gentry: E-Systems, yes, ma'am. This, as I understand it, this
procurement has been delayed in the past several months and we would certainly
prefer to go ahead with it if at all possible. Obviously, since the bid:_
has expired we will hold it open until today, tomorrow or whenever to
negotiate the price. We would like an opportunity to go back and relook at
our price if it's extended any longer within the next few days.
Mayor Ferre: What do you mean, you mean you want to increase your price?
Mr. Gentry: I don't necessarily mean I would increase it, I need to look at
it to see what effect inflation might be on it.
Mrs. Gordon: Well, you're already two days over the date, you want to do
that reevaluation...?
Mr. Gentry; No, no...
Mrs. Gordon: ... if we act today?
Mr. Gentry; If you act today,yes, ma'am, we would hold the bid open and us.e that
price, but if it's delayed...
41
•
JUL 2 71978
Mts. Gordon: You have to reevaluate your deeision..
Mt3 Gentry: We have to to=evaluate it yes.r tha+atii1
Mts. Gordon: Ok.
Mr. Gentry: We'll be glad to hold it open today; for one. day.
Rev. Gibson: Menlo..
Mr. Plummer: Let the just put it on the record. We went b.efote toa very
reputable company. This is prior to Mr. Grassie being here, so he's not
responsible. And, we asked them to go in-depth of the City'•s. needs and to
recommend to us a system which would accommodate our needs and they did
and we paid them a lot of money to make those recommendations, and it was
half of what we're spending today. And, I want to tell you something,part
of the money you're spending today is simply because that system was not
working and did not work and cost an awful lot of money to make it work.
A/1 I'm saying to you here today is that I want to be in everyway possible
assured that number one, we need what is being proposed, And, number two,
that what is being proposed is the best for this City, that's all I'm
saying. Now, you know, this is not Plummer's pet project..
Mayor Ferre: Those are valid questions.
Mr. Plummer: You know I just think that those questions have got to be
resolved.
Mayor Ferre: Those are valid questions. Now, let me tell you what
concerns me however; What concerns me was the statement made by the
two chiefs, especially the Police Chief, when Chief Doherty warned us,and
then when I hear the Consultant, Mr. Sachs,say that he doubts —and that was
a very honest statement for which I certainly want to commend Mr. Sachs --
because I'm sure,you know, that statement cuts him out of an additional
fee, but what he said was,"I doubt very much if when I come back here in
30-days my opinion is going to be any different than it is now.." You know,
with those three statements on the record and then the possibility of when
E-Systems stands up and says well, if you want to delay it 30-days we're
going to have to look at the price because inflation is a factor in all of
this,then I think you've got to weigh those four things. Now, if in fact
Dr. Sachs is telling you,which is what he did,that in 30-days he's going to
come back and he would be very surprised which means he's going to come back
and tell you, yes it is a good system, yes it does function for the City of
Miami, yes you do need it, yes you should proceed. Then, what in effect
what we've done which is what he said, we either ought to fire Mr. Sachs
and go get another Consultant who won't make that statement...
Mr. Plummer: Well, Mr. Mayor, had Mr...
Mayor Ferre: ... or you know.
Mr. Plummer: ... had Mr. Sachs statement been today that he was definitely
confident that the bestfor the City is company ABC , but maybe Mr. Sachs
left himself an out and I'm trying to eliminate that out by saying that,
well, we didn't have all the time. I told Mr. Grassie that, upon the
conclusion of this report I would vote for the recommendation. But Mr. Mayor,
it is not a strong recommendation, now that's all I'm saying.
Mayor Ferre: Mr. Sachs, you better come on back on the microphone,because I think
that's a valid point that Commissioner Plummer is making,he says,your recommendation
is not strong. And, I'll be stronger than him. Let me paraphrase him, it's
a wishy-washy recommendation. Now is it yes or is it no?
Mr. Grassie: If I could,Mr. Mayor,in defense of Mr. Sachs, two things. One,
I think that you have seen a very professional statement on his part which
has you've said, it could very well end up costing another consultant fee.
But he from a professional point -of -view was willing to make that statement
with regard to whether or not it makes sense to simply reiterate and go
through the process of evaluating again. The second thing is that we didn't
ask Mr. Sachs to go through the whole process of evaluating what is good for
the City. Now, we have had a committee of the top department heads of the
City evaluating this for a year and if they have made it their business to
evaluate what the'best interest of the City are, Now, if you ask Mr. Sachs,
42
JUL 271978
if you biatne hits for riot doing sotething wee. didn'•t ask. hifn to do itt the.
fitst place it's not fair. you knows we didn't ask.hith to go through
that process. So you can't accuse hint of being w3ishy=waahy when we
didn't ask him to comment on it.
Rev. Gibson: Mr. Manager, am I reading right? We did not ask hit to
deal with the adequacy, isn't that right?
Mr. Grassie: That's correct, sir.
Rev. Gibson: We didn't ask him to deal with the adequacy of what we. have..
Mr. Grassie: The adequacy was established by the Committee of Department
Heads, when they decided what to ask biddersto hid on.
Rev. Gibson: Right!
Mr, Grassie: He has reviewed the process of bidding and the conclusion of
t!aet process and he's commenting only on the process.
Mrs. Gordon: I'm going to state,I don't consider myself an expert on the.
subject, J. L.,may be, I'm not.
Mr. Plummer: I'm not.
Mrs. Gordon. I have to depend on the committee., the review that'•s heen
Hone ht' ";- expert and I'll tell you J. L., I don't feel comfortable in
delaying it. I feel like I haveto go as quickly as possible to a decision
because I recognize the inflation factor and I don't think we have the
extra money to spare if it should raise, then what, you know?
Mr. Plummer: If in fact, Rose, that which is proposed to he purchased 4s
r_eceasary.You see, Rose, I have developed a feeling from the Department
Heeds, and that feeling has been right or wrong do it, we need it. Now,
that's where my hangup comes. You know, let me tell you something you
don't knc,w .Lis thing was bid for the Police Department four months prior
to these bids which you're considering today and they didn't move on them.
And they 6dw fit to turn around and go back out again. You don't know
about those things. I do. Now, you know.
Rev. Cibs„n: But, J. L., how ...
Mayor Ferre: Why are you shaking your head Chief: Huh, Chief?
Mr. Plummer: Tell me where I'm wrong.
(INAUDIBLE BACKGROUND COMMENT MADE OFF THE RECORD).
iir. Plummer: Let me clarify it for you. Originally, you went out on a
bid for the Fire Department, excuse me, for the Police Department, ok, for
what you're proposing.
Chief Doherty: Well, there's been no previous bid on the mobile digital.
In fact, the mobile digital was held up in order to go to Maine City, in
order to try to save some money.
Mr. Plummer: Phil, did not both bidders violate the specs that are presently
before us by making a combination bid when they were told not to?
Chief Doherty: I'd have to ask the ... I really don't know.
Mr. Plummer: Mr. Smith. Ok. Mr. Smith?
.r. Smith: Are you talking about them including the Police and Fire in one
price bid?
Mr, Plummer: Right.
Mr, Smith; Yes, that was in violation, The Police bidnever was effected,
The computer end of the Fire hid was removed, and the recommendation,,.
43
JUL 2t197B
Mr. Plutttmer: the point that ltta making is. that ali bidders violated the
specs as written by making a combination bid when they were told hot to,
at i tight or am I wrong in my statement?
Mt. Smith: Not all bidders. Burroughs wasn't affected by that.
Mr. Plununer: Excuse tne, the bidders in teiationw...
Mr. Stith: E-Systems and Motorola did.
Mr. Plummet: Fine. You know, unfortunately, I spent too much time and I have
just a tremendous amount of information in this thing here.
Mr. Grassie: But, Commissioner, isn't it important to ask also, when your use
the word" violation" whether it's important, whether it's important to the
City from the point -of -view achieving what's in the best interest of the City?
Mr, Plummer: Mr. Grassie, we're getting back to mypet peeve, the way and the
creditibility that this City has with bidders. You know, when you say something
in a bid, you'resupppsed to mean it, and when you don't live up and make the
bidders live up to that, other bidders get a sense of creditibility gap. Now,
you know, there's no question, Mr. Smith has said, both firms made a combination
bid.
Mr. Smith: And we stopped that portion of it.
Mr. Plummer: Excuse me.
Mr. Smith: And, we requested that portion of the bid be thrown out.
Mr. Plummer: I'm not disagreeing with that Bill.
Mr. Smith: Yes.
Mr. Plummer: I'm just saying that they both made an honest mistake by bidding
for both.
Mr. Smith: True.
Rev. Gibson: Well, let me ask a question, Plummer? If they b.oth made a
mistake and you're not dealing with the mistake they have made then let's.
move on the part that, you know, since it has no relevancy to our opinion, to
our position, why are we dealing with the...?
Mr. Plummer: Father, the contention that I'm really making is that that's the
reason you didn't have but two bidders, the creditibility...
Mr. Smith: No.
Rev. Gibson: J. L....
Mr. Plummer: ... other bidderssit back and say, they s.it back and say that
why should we bid, they're playing games.
Mr. Smith: There are only two bidders who make that equipment that'swhy there
were only two bidders bidding.
Mr. Plummer: Bill, you can't sit there and tell me that on the computers,
Mr. Smith: You're not talking about the computers. You're talking about
mobile digital terminals which is what we're questioning right there. The
items that were thrown out were on that. That is not really relevant in there,
the,.. I don't see the connection.
Mr. Plummer: Is it not true that those set of specs were written two years
ago, and the specs when they applied to the grant byPast competitive bidding;
Mr.. Smith: I have no knowledge of that.
Mr. Plummer: Well, I'll show you a copy of it.. Ok, look, Mr, Mayor, I don't
want to take anymore of your time. I sense the feeling of the Commission. I
am not changing my. mind, I want to tell you that as far as I"m concerned I
am not comfortable at this point and as such, Mr, Mayor, I cannot vote to spend
4"
'JUL 271978
$3,000,000 of City Money until IIin cofitfortabj.ei that all I'm telling
you: Now, you all do what you want. The other aspect, I want to tell
you, that of what I see as possibleirregularities in the bidding
procedure I'm coining back with.,
Mrs. Gordon: Well, irregularities, of bidding procedures is a charge,
I think the Manager ought to address himself too, for the public recob
Mr. Plummer: I agree, and he has been with me on that.
Mrs. Gordon: Ok, just address yourself to that please. Mr. Grassie,
Mr. Grassie: I believe that as part of your package,Commissioner, you have
quite a detailed memorandum from Bill Smith, which tries to point out every
question and provide an answer for it. It is a memorandum of ,duly 14th,
Mrs. Gordon: I have the
you're saying.
Mr. Grassie: I believe,
that has been raised and
been carefully reviewed.
memorandum. I just want the records to reflect what
that we have tried honestly to answer every question
to indicate that all those questions have
We're satisfied.
Mrs. Gordon; And, you're satisfied that there isn't any concern that this
Commission needs to have in that regard at this time.
Mr. Grassie: That is correct,in terms of the overall bidding process. Now,
I think that anyto a that you have a bid as complex as this one you are going
to have a process interpretation of the proposals that the staff has to go
through, it's absolutely necessary. We have asked Sachs Freeman to review,
as an outside Consultant,to review that process of our staff. Basically,
what they're saying is that any evaluation has an opportunity for human
judgment involved, but they're satisfied,as an outside professional,an that
the recommendation that we're making to you is a reasonable one based on the
documents that are available to the City Commission, and to the City from the
bidders.
Mrs. Gordon: Yes, and once more you concur that this Commission should act and
move ahead today?
Mr. Grassie: Yes.
Mrs. Gordon: Alright, that's your recommendation?
Mr. Grassie: It is my recommendation that you do so.
Mr. Plummer: I want to make one other thing on the record and I'll shut up.
Mr. Smith, your honest opinion, were these bids slanted towards one company?
Mr. Smith: There was a question on
for the computer system, it looked
tie in an everything else, it could
Equipment Corporation. The fact of
are being recommended.
whether when you read the bid specifications
like it was because of how the mobile digital s
look like it was tied in with Digital
the matter is they are not the people who
Mr. Plummer: I didn't ask that sir. I'm asking in your honest opinion were
these bids slanted?
Mr. Smith: No. In my honest opinion slanted, to me, the way you're saying it
that it was intentionally done that way, the answer is no. Tne answer is it was
written for the needs that they wanted. Could it be construed that way?, ►des.
Again, it's interpretation of what you're looking at right there.
Mrs. Gordon: J. L., have you removed your motion? Is it still on the table,
where are we?
Mr. Plummer:
do what they
Mayor Ferre;
Mr, Plummer;
Rose, as far as I'm concerned, please, I want this Commission to
think is right,..
We all do,
,,, at all times, pk? All I am saying is I am still not comfortable.
45
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JUL 27197a
EME
1
rfin
And, My Motion fot ►.. z
Mayot tette: Now, Mff Mutter, I just want to, on the record, thereis a
motion made by you, seconded by Coitmissionet Reboso, and l just want to
say on the record, that even though we do all vote out conscience and we
vote or,,,when we get into ateas,whether it be bay Cate Centers or l'atks,
or other areas, there is no question that those of us in this Commissions
Who are tore involved in certain areas than others and that doesn't ttean
that we always do what that particular Commissioner wants, but on the other
hand ...
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
I could accept that.
(es. But in the long run we did.
I know.
Mayor Ferre: In the long run we did, you see, and sometimes we slow down
the process because there are other things that need to be thought out. Now!
I don't know anything about computers, and I haven't spent more than an
half -an -hour on this reading of information that we have before us. Now,
I'm impacted by Mr. Sachs statment and by the Fire Chief and the Police Chief s
statements here. But the fact is that Plummer is a member of this. Commission
who is a very serious member of this Commission,who has gone into great
depths and spent a lot of time in this,and he has misgivings. Now, that must
give me pause. I've got to think about that because he's. the guy in this
Commission who does take the time and spendsthe time and talksto all these.
people and visits and go do all these things on this particular subject, so it
isn't quite that easy for you to say, well, you know, I'm going to vote my
conviction and you vote yours and you know, you're going to play the Bob High role
in this thing.
Mr. Plummer: Well, but you see Mr. Mayor, it comes to a point where the
sledge hammer is then placed upon my head.
Mayor Ferre: Well, you're the guy that brought the subject up, so you've got
to assume the responsibility of your actions. Now, if you feel that strongly
with it, I'm going to vote with you and I've said that.Now, I'm voting with you
even though and withfull admission that I don't have the understanding of the
problem that you do and that if you did not raise that objection I would be
guided by our expert Mr. Sachs, I would be guided by the two Chiefs. I would
be guided by Mr. Smith, and the Manager's recommendation, because I haven't
heard anybody but you get up here and say that they have any reservations on.
this.
Mrs.. Gordon: I'm going to say how I feel Mr. Mayor. I mean, I can see your
point , J. L.'s point in all this and that, but when it comes down to this
possibly costing the City more money I'm getting very concerned. We don't
have any extra money to spend and I think unless we got a firm commitment out
of these bidders they will not re -analyze their bid, they will hold firm on it for
the period of time you wish to delay. I'll
Mr. Plummer: Alright.
vote against your motion.
Mrs. Gordon: But if I get that commitment,I'll go with
Mr. Plummer: Alright, let me do it this way. I would
contact or Mr. Smith, whichever one - I would ask them
three companies involved, is that correct, sir?
(INAUDIBLE BACKGROUND RESPONSE).
the motion.
then ask the Manager to
to contact ....there's
Mr. Plummer: Alright, that during the lunch time they contact all three
companies and ask them if they are willing to hold their bids until,.. at the
same price until the 14th of September, if any of the three are not agreeable,
I will withdraw my motion, ok7 Now those are three ,,,
Rev. Gibson: I'll buy that,
Mrs., Gordon: I'll go with you on that,
mayor Ferre: Wait, wait, ,,, Are ell three of the bicders the same?
46
JUL 271978
In other words, taedoi''t cat* Which oae of these. b ddeta gets it, tight?
Mr. Gtassie: No, We Very definitely tate.tahich bidder gets it..
Mt, Plummet: No.
Mayor Fetre: What?
Mt. Plummer: There ate three companies involveds Motorola, B, and Burroughs.,
those atethe three. companies..,
Mayor Verret And, it doesn't matter whichone of them gets it?
Mr. Grassie: Ohs no, it matters a great deal.
Mr. Plummer: It makes a big difference asfat as,
Mr, Grassie: Yes, there's a difference in price.. Well, that's what Mrs... Gordon
is talking about.
Mrs. Gordon: Yes.
Mayor Ferre: What is the difference in price between A & B, the first and the
second?
Mr, P1u:r:,_r: 0n the surface or what has been developed?
dr. Grassie: If I can,Mr. Mayor, I think that between Mr. ...
2lrs. Gordon: What did you say Mr. Grassie?
Mr. Grassie: Between Commissioner Plummer's point and Commissioner Gordon's
point there is a difference.. I think that what Commissioner Plummer is
suggest.i,►g is that we contact all three bidders and if they are willing to
hold on their bids, although two of them of course., are not recommended since
one is. une is considered to be the low bid, they are recommended. What he
is suggesting is that in spite of that that we contact all three and if any
of them is not willing to hold their prices that they may move ahead.
Mayor Ferre: Excuse me, Mr. Grassie, you have E-Systems here right now. If
that stot-m�nt that Plummer made holds then he said if any of them saysthey
won't, they've already said they won't hold their prices, what more do you
want?
Mr. Reboso: Well, Mr. Mayor, I have a question, please-, because I was out of
the room when Commissioner Gordon mentioned something about raising the prices
Mr. Cassell , did you mention something about you were going to raise the
prices if we postpone this situation for 30 more days?
UNIDENTIFIED
SPEAKER : Vice Mayor, our client merely stated that if there was going
to be a delay he wanted the right to go back and take a second look, in view
of the inflationary trend in the country today on their part. If I may add
something,please keep in mind you have three different bids here today and
three items. We're only, of course, interested in one of those three. We're
not involved in a computer. We're interested only in the terminal aspect.
There are other bids on our particular item. We were the chosen on the recommend-
ed bid by the City Manager and by the advisers. We don't feel that it's fair
that it go on any longer. It's been a long time.There has been a complete study.
I've read some of the reports that have been given to you that have been made
public. I see that every department is behind us as far as the equipment that has
been tested. We are the chosen bidder in our particular group and we feel that
it's only right that this matter come up today to be resolved, that resolution
go through. We don't have the 911 problem right now, which the Police Department
feels could arise. We think it can be resolved today and we feel it should be.
Mr. Reboso: Mr. Mayor, I withdraw my second.
Mrs. Gordon: I'll move you that we accept the recommendation.
Mayor Jerre: O1C.
47
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Eth
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`JUL 271978
Mf s., Gordon: It is mote than one. (notion of ,..
Mayor Ferre: Wait* wait a minute., Rose.( out of faitfiess on this thing,
Mr, Plummer still had his motion on the floor....
Mts. Gordon: Oh, no, I'm sorry, J.
Mayor Ferre; The second was. drawn.
Mrs► Gordon: Alright,
Mayor Ferre: Is there a second to Mr► Plunmier'•s motion?
Mrs. Gordon: You got my apologies J. L., I thought that...
Mayor Ferre: Alright, hearing none that motion dies. Now, I recognize you
on your motion and is there a second to Mrs. Gordon's motion?
Mr. Plummer: You got it on the agenda further back Rose, spelled out for you,
I think it's on the last page.
Mr. Grassie: It would b.e a motion of intent with regard to the award of three
bids,if that passes then you would act on it formally later on this afternoon.
The three bids are summarized on page 14,on the back page of our memorandum of
July 20th, which is part of your package.
Mrs. Gordon: J. L., do you want to make the motion instead?
Mr. Plummer: Do I?
Mrs. Gordon: Yes.
Mr. Plummer: No, I'll vote against it.
Mayor Ferre: Plummer,do you want to wait until after lunch, would you prefer
to do it that way?
Mr. Plummer: Mr. Mayor, please I'm not trying to stymie the Commission. If
the intent and I feel the intent is there, go ahead, you can't hurt my feelings.
Rev. Gibson: J. L., from what you have said that if they were able to confer
with the three companies. Let me make sure I understand. If the companies
said they were not willing to hold to their bid price, you said you would have
no objections, isn't that right?
Mr. Plummer: Father, I would have no objection to offering my motion. I would
have an objection if it's going to cost the City more.
Rev. Gibson: Well, alright,... I'll go with you....Mr. Mayor, I want to
persuade this Commission to wait until after lunch and let those three companies
come here and say whether they're going to increase that price based on what
is already bid.
Mayor Ferre: Alright, ladies and gentlmen,we will then defer this item until
after ...
Mrs. Gordon: Well, do you want me to take my motion off the table?
Rev. Gipson; Yes, please take it off.
Mr, Plummer: Well, in fact, your motion is out -of —order, but...
Mayor Ferre: Well, in effect what we're going to do is we're just going to
delay it. This. matter comes up on item number what?
Mr. Plummer; 43, 44, and 45.
Mr, Grassie; 43, 44, and 45,
Mayor Ferre, Yes, at that time we will be voting on it, and that'll give the
Manager time, ok,
Mrs, Gordon; Ok, Alright, the motion isn't necessary now we'll take. it up later.
48
JUL 271978
SALE OF BEER IN THE ORANGE BOWL
13. OFFER OF COMPANY TO INSTALL EEiUIPMENT;
Mayor Ferre: Alright, Mr. Plummer has a pocket item which is of importance
to all of us about beer in the Orange Bowl, and I'm going to take him out -of -
order I recognize you Mr. Plummer.
Mr. Plummer: Mr. Mayor, I want the Manager to hear., the Manager has been
privileged to this information and I would like to read into the record a
proferring made by a local company. and state for the record that I have
intentionally,from this letter of which I will give all of you a copy,deleted
the name of the companyfintentionally. This, I have the originally letter
which I am going to submit to the Manager for hopefully, whatever he feels
should be done. But, I would like to read Mr. Mayor, into the record, the letter
deleting the name of which I will refer to as Company ABC.
Mayor Ferre: Until the Miami Herald gets it this afternoon.
Mr. Plummer: Well, if the Miami Herald gets it that's more power to them.
It's addressed to me and it's in reference to Orange Bowl Stadium beer sales.
"Commissioner Plummer: This letter is designed to indicate the readiness of
4191+. Company ABC to provide beer for the patrons of the Orange Bowl Stadium".
110 (INAUDIBLE BACKGROUND COMMENT)
MI. Plummer: No, that's Alcohol Beverage Commission. "We recognize the logistics
involved and are confident of our ability to utilize our dispensing system at
r.c installation cost to the City for premium beer service. "The unnamed
company is also aware of the possibility that the term of this agreement may
only be fora two-year period. However, this organization is prepared to
cemmenc_ s".,ice within 5-days following notification from the City. "As payment
for the right to exercise these aboved-mentioned privileges, this Company
agrees lu eu, to the City 45% of the gross receipts derived from its operation.
'thank you very much for providing the opportunity to help the City of Miami
serve the -..^eds of its citizens." Mr. Mayor, I think there are two points in
this th_,t arc.. critical. One, as proposed by the other bidder, there was a cost
factor of $330,000 of which the City would have to pay $210,000 to set up the
equipment.this company proposes no cost to the City. The other bidder proposed
that he would pay to this City a percentage of 30.5%. This Company proposes to
pay to the City 45%.
(INAUDIBLE BACKGROUND RESPONSE).
Mr. Plummer: 50% more is correct. Approximately $250,000 more money on the
so-called projections. Now, Mr. Mayor, I personally do not know the logistics
of how we go about complying with the legal aspects of what we must do because
of the legal questions raised. But, Mr. Mayor, I did not disclose any of this
information as I was roasted in the newspaper, because we were stymieing the
situation by my raising the point that I did not feel that the proposal as
being fair and here I think is the answer of why I did not feel that it's fair
and,personally1 I feel that this is a better deal for the City of Miami. I
still feel very strongly and always have about public bidding. There is a big
difference. I offer this,Mr. Manager)to you. Well, I'll give you the original
so that you can contact the company and I will give the rest of the members of
this Commission ...
Mayor Ferre: Mr. Plummer,
Mr. Plummer: Yes, sir.
Mayor Ferre: Three conditions as I see it, One, that the Manager check out the
company involved and that it be a reputable corporation capable of doing this.
We got to make sure that we're not dealing with a small company that's never
had any experience in catering, or beer, or you know, the food or beverage
business,
Mr, Plummer; Jet me answer that for you, This company is involved in that type
of business.
Mayor 'ette: Mt, Plutninet, please. .
Mr. Plummet: they ate in fact, last year gtoss sales of $8.9 tillion
dollars.
Mayor Ferre: I know that Mr. Plut er and I know who, thatss trot my point,
please. Ism not questioning the company. I'm saying for the record, font the.
safety of this Commission and this City, making some three points. I was
snaking one, that the Manager be satisfied that it is a reputable corporation..
Number two, that this not be in the form of beer cans or beer bottles. And,
number three, that whatever system they are going to installjthat it be
capable of dispensing at least 100,000 beers in the period of one football
game.
Mr. Plummer: Mr. Mayor, there is one other very important consideration that
I took in, and that is that to pay us 45%, that the public not be gouged in the
retail price ofthe beer. The terminology was used in my discussion that it
would be acceptable industry pricing.
Mayor Ferre: That's item #4.
Mr. Plummer: That's very important because it would be inferred that if they're
giving us a high percentage they would have to gouge the public.
Mayor Ferre:
those four...
Mr. Plummer:
Ok, well, why don't you just incorporate that in the motion with
Now before you make the motion, Mr. Knox?
What motion do I want to make?
Mayor Ferre : We're going to get to that in a moment. Excuse me, Mr. Knox,
as I understand the law in this particular item and we've got to be very
careful because, as you know,Mr. Robbie likes lawsuits and he has a very
capable lawyer, and I want to make sure that we are within the law. As I
understand the contract that we presently have, if the City of Miami goes
towards the selling of beer, Mr. Robbie, or the Dolphins, since they have the
franchise or the concession for food and beverage,are entitled to have the
City of Miami make them an offer which is reasonable in nature and they have
to have a reasonable time to accept or reject it. Now, my question is this, if
this is the offer with the four conditions that Plummer is going to add, would
two weeks be a reasonable time?
Mr. Knox: Mr. Mayor, generally, generally, reasonablenessis very subjective.
However, by analogy I would think that we could rely upon principles that
have been established in terms of business transactions as to what reasonable-
ness is, and the standard is)generally,10 working days as a business person's
definition of what's reasonable in terms of commercial transactions.
Mayor Ferre: Well 10 working days is the same as 14 days which is two weeks.
So I don't care how you frame it. I would, Mr. Plummer...
Mr. Plummer: Yes, sir.
Mayor Ferre: ... recommend that your motion cover the fact that number one,
so that we don't have to come back to the Commission since we'll be in
recess during August, that you incorporate this letter plus the conditions,
the four conditions that you stated into the motionIthat it be passed today and
that Mr. Robbie be given those conditions this afternoon.
Mr. Grassie: You better authorize me to do something about it.
Mayor Ferre: Yes, I'm getting to that. And, that he has exactly 14-days from
today, today being the 27th, that means that he would have until,e.and give
him one more day, until the llth of August at 5 P.M. If he at that time does
not come, that the Manager immediately put out for advertisment the beer
concession on that same day,on the llth1to be mailed out and published in
newspapers and otherwiseiand that in two weeks subsequent to that1which is the
25th of August, that we accept the bids and that he is authorized to award the
bid to the lowest bidder. I guess it would be the highest bidder in this case,
as determined by the Law Department and the Administration at an open public
bid, and that it be awarded on Friday, the 25th of August.
Mr, Plummer: Mr. Mayor, I concur with that with one stipulation, and that is
that I want to hear from the Manager after he has talked with these people
50
J U L 2 71978
that he is as comfortable with. this letter and those four points. as. I din;
If your re not comfortable Mt, Gtassie.jthen I would have objectiona to
pursuing it at this point: But I want you and the Attorney comfottable that
this is number one, a legitimate offer which they will stand behind. Number
two, that it will work and based upon that criteria to proceed. But if those
two criteria are not met then I would not want to pursue. it. I'm not an
expert I don't propose to be an expert. I have tried to incorporate all
of the concerns you have raised in the past.
Mayor Ferret With that additional stipulation do you move it then, Mt, Plummer?
Mr. Plummer: Yes, sir I move it.
Mayor Ferre: Is there a second?
Rev. Gibson: Second the motion.
Mayor Ferre: Alright, Father Gibson seconds the motion. Is there further
discussion on the motion? This is a motion of intent, I would hope that
the Law Department would put it into a resolution for this afternoon so that
you could give notice to Mr. Robbie this afternoon. Alright, is there further
discussion? Call the roll.
The preceding motion introduced
seconded by Commissioner (Rev.)
by the following vote -
AYES: Mr. Plummer, Mr. Reboso,
NOES: Mrs. Gordon
ABSENT: None.
by Commissioner Plummer and
Gibson was passed and adopted
Rev. Gibson, and Mayor Ferre.
SAID MOTION WAS DESIGNATED MOTION NO. 78-494 (SEE CONFIRMING
RESOLUTION NO. 78-519).
51
`JUL 271978
leo
amMil
14. SECOND READING
ORDINANCE:
Amend Section 39-24 of the Code
ORANGE Br)'IL STADIUM PARKING CHARGE
Cost of Parking Passes and
Recreational Vehicles
Mayor Ferre: We're on item ##1 which is on Second Reading. Plummer, do you
move it again?
Mr. Plummer: Yes, sir.
Mayor Ferre: Gibson seconds.
Rev. Gibson: Yes.
Mayor Ferre: Further discussion. Alright read the ordinance.
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 39-24 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, GOVERNING ORANGE
BOWL STADIUM PARKING CHARGES; MORE PARTICULARLY BY
REPEALING SECTION 39-24 (a) IN ITS ENTIRETY; PROVIDING
A NEW SECTION 39-24 (a) SETTING FORTH A FORMULA FOR
DETERMINING THE COST OF SEASON RESERVED PARKING PASSES
FOR PASSENGER CARS AND RECREATIONAL VEHICLES, BASED
UPON THE NUMBER OF PRESCHEDULED GAMES IN A PARTICULAR
YEAR BY THE UNIVERSITY OF MIAMI AND BY THE NATIONAL
FOOTBALL LEAGUE FRANCHISE TEAM, RESPECTIVELY; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 13th, it was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, 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 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. 8828.
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.
52
;JUL 2719/8
EIMEIBer—
IWOL
AW
15. SECOND READING
ORDINANCE:
Amend Ordinance 8716
establish new protect
COCONUT GROVE BUSINESS AREA
DECORATIVE PEDESTRIAN SCALE ST.LIGHTS
Mayor Ferre: Take up item 412 on Second Reading. Gordon moves. Do you want
to move it again Rose?
Mrs. Gordon: Yes.
mayor Ferre: Mrs. Gordon moves. Gibson seconds. Further discussion. Read
the ordinance.
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD).
•
Mayor Ferrel Further discussion. Call the roll.
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 ESTABLISHING A NEW PROJECT
LOR COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -
SCALE STREET LIGHTING; MAKING ADJUSTMENTS IN THE 1970
HIGHWAY GENERAL OBLIGATION BOND FUND; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of July 13th, it was
taken up for its second and final reading by title and adoption. On motion 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: 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. 8829.
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
•ublic.
AMEND ORDINANCE 8719
16. SECOND READING Public Service Employment Program
ORDINANCE:
AFRICAN SQUARE PROJECT STAFF
Mayor Ferre:
Father, do you want to move item 13 again?
Rev. Gibson: Yes.
Mayor Ferre: Gibson moves. Gordon seconds.. Further discussion on Second
Reading of item 3. Read the ordinance.
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD).
MEMM
MUW
WNW
MEW
MMW
MEW
MEW
MEM
mmn
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF QRDINANCE Not 8719,
ADOPTED OCTOBER 26., i977t THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AS AMENDED, BY REFLECTING THE RESTORATION OF
$61,991 TO THE PUBLIC SERVICE EMPLOYMENT PROGRAM (CETA
TITLE II) TRUST AND AGENCY FUND BECAUSE OF FEDERAL REQUIRE-
MENTS THAT NO INDIVIDUAL CETA PROJECT FUNDING BE SEPARATELY
APPROPRIATED, SAID $61,991 BEING THE SOURCE OF FUNDING FOR
AFRICAN SQUARE PARK STAFF FUNDING AND THE SUBJECT OF A PRIOR
SEPARATE APPROPRIATION; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July
taken up for its second and final reading by title and adoption..
Commissioner (Rev.) Gibson, seconded by Commissioner Gordon, the
thereupon given its second and final reading by title and passed
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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8830..
13th., it was
On motion of
ordinance was
and adopted
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.
4,4
..411.Rt
17. SECOND READING
ORDINANCE:
•,.,•:...:,:• :Irk .•
Increase anticipated revenues
MELREESE GOLF COURSE
Mayor Ferre: Now, Take up item 4 on Second Reading. Gibson,do you want to
move that again?
Rev. Gibson: Yes, sir.
Mayor Ferre: Reboso, do you want to second it again?
Mr. Reboso: Yes.
Mayor Ferre: Alright, it's been moved and seconded. Read the ordinance.
(CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 8731,
ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY
INCREASING THE APPROPRIATION FOR THE MELREESE GOLF COURSE
ENTERPRISE FUND, IN AN AMOUNT OF $10,000, BY INCREASING
ANTICIPATED REVENUES FOR THE ENTERPRISE FUND, MELREESE GOLF
COURSE, BY THE SAME AMOUNT FOR THE PURPOSE OF RENOVATING THE
CLUB HOUSE; CONTAINING A REPEALER AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 13th, it was
taken up for its second and final reading by title and adoption. On motion of
Commissioner (Rev.) Gibson, seconded by Commissioner Reboso, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote;
54
J U L 2 71978
Ai'ES:
)NOES: None.
ettiMiSSiotlet Rose Gordon
Comissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Vette
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 8831.
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.
M
•
18. SECOND READING
ORDINANCE:
Mayor Ferre:
AMEND ORDINANCE 8731
Transfer 3 Positions from Department
of Computers to Police Department
Take up item #5 on Second Reading., Gibson, do you want to move
it again?
Rey-. Ci!--: Yes.
Mayor Ferre: Reboso, do you want to second it again?
Mr. Reboso: Yes.
Mayor Terre: Alright, read the ordinance.
(CITY ATTORNEY READ ORDINANCE I4TO THE PUBLIC RECORD).
Mayor Ferry,
Alright,
is there further discussion on item
5?
Call the
roll.
AN ORDINANCE ENTITLED-
Ai. ORDINANCE AMENDING SECTIONS 1, 2 AND 5 OF ORDINANCE
NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS.
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30., 1978, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR THE POLICE
DEPARTMENT IN AN AMOUNT OF $23,959; BY DECREASING THE
APPROPRIATION FOR INTER DEPARTMENTAL SERVICES, COMPUTERS AND
COMMUNICATIONS, WITHIN SPECIAL PROGRAMS AND ACCOUNTS BY THE
SASE AMOUNT; AND BY DECREASING THE REVENUES AND APPROPRIATIONS
FOR THE INTRAGOVERNMENTAL SERVICE FUNDS, COMPUTERS AND
COIINUNICATIONS, BY THE SAME AMOUNT; FOR THE PURPOSE OF
TRANSFERRING THREE (3) POSITIONS FROM THE DEPARTMENT OF
COMPUTERS AND COMMUNICATIONS TO THE POLICE DEPARTMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 13th, it was
taken up for its second and final reading by title and adoption. On motion of
Commissioner (Rev.) Gibson, seconded by Vice Mayor Reboso, 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. 8832,
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,
55
1.9. RESOLUTION CALLING Southern Bell Franchise
SPECIAL ELECTION:
Mayor Ferre: Now, we're on item 41 8 which is the special municipal election
on the 5th and so on, is there a motion on it?
Mr. Plummer: On number 8?
Mayor Ferret Yes,
Mr.Plummer: Oh, I move it Mr. Mayor. I moved it before.
Mayor Ferret Alright, Plummer moves. Reboso seconds. Further discussion.
Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-495
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF
OCTOBER, 1978, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR
THEIR APPROVAL OR DISAPPROVAL A MEASURE KNOWN AS
ORDINANCE NO. 8819, PASSED AND ADOPTED BY THE CITY
COMMISSION ON JUNE 22, 1978, GRANTING TO THE
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE GRANTING THE
RIGHT TO THE USE OF PUBLIC RIGHT OF WAY TO INSTALL
NECESSARY TELEPHONE EQUIPMENT; PROVIDING FOR ONE
PERCENT FRANCHISE FEE, INCREASING BY ONE PERCENT IN
EACH OF TWO SUCCEEDING YEARS AT THE SAME TIME AND
RATE THE FEDERAL EXCISE TAX IS SCHEDULED TO BE REDUCED;
PROVIDING FOR ALL PAYMENTS IN EXCESS OF ONE PERCENT TO
BE DEPOSITED IN A TELEPHONE FRANCHISE PUBLIC CONSTRUC-
TION RESERVE ACCOUNT, IMPOSING PROVISIONS AND CONDITIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Vice Mayor Reboso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Now, Mr. Grassie, on item #8, I really think and this is just a
personal opinion of mine that I want to share with the Commission and with you.
We lost this thing the last we took it to bat.
Mr, Grassie: Yes, sir.
Mayor Ferre: Now, I don't want to be the pessimist but you're going to lose
it again, unless you are very specific on what those monies are going to be
used for. Now it is my recommendation that we put on the ballot that there are
three items or four things that this thing is going to be,,. if we're going to
be using it for a parking garage in the business distict of Coconut Grove we
ought to put it there. Rose, do you follow me?
Mre, Gordon: No.
JUL 211978
Mayor Ferre: We're going to go on the Southern Hell 1'ranchise.thing. We
took that to the people before and it was.Voted down before, and the reason
it was voted down in my opinion, one of the reasons is that we never told
people what that money was going to be used for. If you read the Herald
story in yesterday's paper, again) it said that it was going to be used for
the bonds and building fund and all this stuff, but it's nebulous.
57
JUL 271978
Mayor Ferret NOW, the only way were going to pass this is if we say,ail right,
cititens, you're going to be paying this for the next 30 years, it ihcreases
as the Federal Excise flax decreases and, in addition, these are the top three
priority projects. One, you know if it's going to be use for the parking
garage in the Convention Center, well, you know, that may not be the most
popular project but I think we're better off earmarking what the money is
going to be used for, not on a priority item, but say, a project in the Grove,
a project, you know, the Little Havana, Whatchamagigit's Specialty Center,
you know. We need to tell people what it is they are going to get out of it
and if we don't do that, then it's another one of these never-never- things.
The Herald is going to attack it and here we are giving the City another half
a million dollars a year and we're going to lose it.
Mrs. Gordon: If we could tell them we're going to reduce millage, I bet you
they'd vote for it. You bet they would. They're just not interested in giving
us money to use for other things.
Mr. Grassie: Following your suggestion, Mr. Mayor, certainly we'll get a
memorandum back to the City Commission with....
Mayor Ferre: When?
Mr. Grassie: ..some specific projects within the next week which will....
Mayor Ferre: We con't meet until September, this is going on the October 5th
ballot.
Mr. Grassie: Well, we'll have to ask you to comment to us individually as
to whether or not those purposes....
Mayor Ferre: Well, you and I talked about this and I will repeat it on the
record....
Mr. Grassie: Would you like it by tomorrow?
Mayor Ferre: It seems to me, I'll tell you what I think you ought to have and
each Commissioner can add or subtract or put it to a list or vote on it, I
don't care. I think we ought to have...one of the big problems, Rose, is
parking in Coconut Grove, the business community in Coconut Grove, one. I think
that we're going to have a parking garage somewhere in the Grove area and if
the community has been working on that direction for the past four or five
years, I think you ought to say that that's one of the projects. I think that
111 we ought to earmark a specific project in the Little Havana area and, in my
opinion, that ought to be that thing that we approved....
Mr. Grassie: The Specialty Center?
Mayor Ferre: It's the Little Havana Specialty Center. I think you ought to
have something in downtown and I would imagine that that ought to be that
parking garage for the Conference Convention Center, which we are going to help
on. I would certainly identify a project in Culmer, Father, I don't know,
you know, what...but what I'm saying is we ought to have something in the
Grove, something in Culmer, something in Little Havana and something in the Center.
Mrs. Gordon: Must this money be used for Capital Improvements?
Mr. Grassie: No, that's a policy choice that I understand that you're making.
Mrs. Gordon: Well, could we have a dual of thinking process, that it could
be used for this project or it could be given or used for a millage reduction?
Mayor Ferre: But the trouble is that unless you're specific then it's going
to sound like we are playing politics. Unless you say specifically....
Mrs, Gordon; I'm afraid, Maurice, that we're not going to excite people with
more projects, I don't think we're going to excite them to it.
Mayor Ferre; I agree with you, I can't disagree. Just tell me how else to
do it, That'll do it,
Mrs. Gordon; I think the Manager can take what I said as enough indication
JUL 271978
that toffOrrow when he cotes in with tecoimnetidatiotts;he'll coin in with something
specific. How much atiticipated totey is eitpected froth that?
Mr. Grassie: You know that we now levy 1%, The proposal would go in steps up
to 3%. Each percent currently is worth half a tnillion dollars; 3 %, atniiliott
and a half dollars,
Mrs, Gordon: And isn't it true though that parking garages and that sort of
thing could be funded with revenue bonds and we wouldn't have to use this kind
of money for it?
Mr, Grassie: As I understand what you're talking about, you're talking about
guaranteeing revenue bonds so that you would not use up a relatively small
amount of money in a short time but rather you would use this money to guarantee
several million dollars worth of bonding which would,in fact,build the facilities.
For example, the one project that the Mayor talked about in Coconut Grove
would probably have a price tag of four million dollars, so, you know, you
would take all of .your money for several years if you spent the capital. If
on the other hand you take the money to guarantee bonds, in fact, you can do
quite a bit of construction so long as there are revenue projects. Now, the
projects that he mentioned were of that nature, they are revenue projects.
Mrs. Gordon: I have kind of mixed emotions about that because every time we do
some more, we take some more property off the tax roll and we lose that income as
well. I'd ?ike us to consider,seriously consider, that if this passes that we
could pass on the savings to the taxpayers,and I think that if we did that, that
people would vote for it, they would vote for it because they would say, okay,
then we're spreading the burden to a greater number of people and we are
reducing the burden to the property owners.
Mayor Ferre: Let me put it to you this way, when even Jerry Brown learned
that lessor., you know, all I can say is Amen.
Mrs. Gordon: Okay, all right.
Mayor Ferret You know, if you listen to Jerry Brown the day before that
proposition 13, he was so violently against it it was unbelievable and then if
you Watched him on television the night when they are passing it, you thought
he was the guy that proposed it.
Mrs. Gordon: I know.
Mayor Ferre: Okay. Is there anything we can do in the next five or ten
minutes, if you might want to do the
Mrs. Gordon: Why can we take lunch?
Mayor Ferre: Yes, we can take lunch.
Bidding Procedures and Saecifications
20. DISCUSSION ITEM: on PUBLIC WORKS croJects
Mr. Grimm: Mr. Mayor,you did mention that you wanted to discuss something about
our bidding procedures with Public Works projects and if Imay, I would like to say
something while the iron is still hot. Mr. Plummer, I'd somehow or other
like to do the best I can to assure you that we are very much concerned about
the bids that we receive on public contracts. Yesterday, as the Major mentioned,
we met with the Engineering Contractors Association and they had a list of nine
things on their agenda that they wanted to discuss, three of which I feel are
directly related to the question that you raised as to why don't we get more
bids. Now, those three are; Retainage we presently retain 10% of the
contrarr.ort money in conjunction with our payments to him when every other
_ 59
JUL 271978
s
govemnet t agency flow has gone to Zero tetainage for the first 7.5% of his
payhents and 10% after thator a total volume of 2-1/2% of the contract
that they hold back. Now, in today's, you know,cash--flow problems, this is a
significant thing to them. Now, unfortunately, our Charter requites a 1070
tetainage on all those projects which we do as local improvements, in other
words, the projects that are assessed against the property owners and that
is the bulk of the number of contracts that we award,also the bulk of the
dollars that we spend. So, in order to overcome that objection, we're going
to have to change the Charter, and that means we'll have to schedule a
Charter change for possibly November of this year in order to accomplish that,
and we're going to work towards that. Now, by simple policy of this Commission,
we could eliminate that retainage on things that are not local improvements,
in other words, projects that we do for parks and things of that nature, and
we're certainly willing to do that and support that --that might encourage
More bidders on that. The second thing that they mentioned is that we schedule
our bidding date so as not to conflict with other bidding dates, in other
words, projects of larger magnitude for School Board and State Highway
projects --and such... comes out at the same time ours do, and they say that they'd
rather bid on those larger projects than ours. Now, we're going to then get
a list of all the other agencies bidding dates and do the best we can to eliminate
those conflicts. Now, you recognize that on the same projects we're talking
about, these bids must be received by this Commission, so we have no choice
but to schedule our bidding dates in conjunction with your meetings but we will
do our best to eliminate that conflict. Now, the third one is an item that
I don't support. The third .one is that the contractors would like to see us
eliminate multiple bids. Now, their argument is that we, the City, would
get better coordination of the project if we didn't break our bids down into
parts. My argument is that we are concerned about the fact that we get
the projects built at a shipper cost to our taxpayers by virtue of splitting
the bid. And if you'll go into your packet today on items 42 and 38, you'll
see what I'm saying an example. Here, on item 38, you have a bid which we
bid multiply in which we're saving $18,000 by virtue of the way we bid
the project,and on item 42 we're saving...(I did the arithmetic on another
piece of paper and I threw it away)... but over $30,000 by virtue of awarding
3 separate contracts for one project rather than one contract to one bidder.
Now, to me that's significant. Their argument is, that this causes lack
of coordination. Well, I've got five years worth of history that shows that
this method pays my salary probably five times over every year and for that,
we can coordinate a little bit more.
Mr. Plummer: Yes, but Mr. Grimm, let me tell you, sometimes...and please,
I accept what you're saying and I like that you're doing something, all right?
But doesn't that also lend credence to the very fact of penny-wise and
dollar foolish,by virtue. In African Park, for example, the reason that this
City could not get African Park completed was because of multiple contracts.
Everybody was saying,it is not:our fault, it's his fault...and he says, no,
it's not mine, it's his, and back and forth. Subsequently, what did we
wind up with? --nobody to pinpoint responsibility, nobody to say the job
is not going to be completed because everybody was giving an excuse. Now,
I'm not saying I'm for or against, but I think that's the problem.
Mr. Grimm: Let me give you an example of the contrary. At any given time,
we probably have about 60 contracts at work --right now they total over
$30,000,000. If once in a while, one of those contracts goes astray, I
don't consider that,particulary,a reason to change the system. To give vnu
an example of yours to the contrary, let's take Bicentennial Park. Bicentennial
Park was awarded to one contractor, it still has not been settled because
of a conflict between that contractor and one of his subs,and it's going to
wind up in a lawsuit.
Mr. Plummer: But, isn't this also the case of Flagler Street?
Mr. Grimm; No, sir, it's not the case of Flagler Street.
Mr, Plummer; They were all one bidder?
Mr, Grimm; Yes, sir.
Mr, Plummer; Oh,,,okay. Look, let me make one other suggestion and it's going
to cost us a few pennies, -,..not dollars--- but a few pennies more. Arid I strongly
suggest that when invitations are mailed out, that they be sent out "return
receipt requested" because I'm going to tell you on the record that some of
the people who I have called checking on this, that their
60
JUL 271978
cbntehtiofi Was they never received An ifivitatioft to bid.
Mt. Griffith: Are you talking about Public Wotks coftttacts
about...,
Mr, Plummet: No, this in particular was the one on the
Mr. Grimm: Okay,
Mr. Plummer: Regardless of whether it's Public Works or whatever bids per se
that you spend the few extra pennies to get back receipts that in fact those
companies did receive invitations to bid.
Mr. Grimm: All right, you realize that we do between 70 and 100 mail
out advertisements on every contract that we bid?
Mr: Plummer: I don't dispute that, Mr. Grimm, but you know, at this point
it is my feeling that this City has got to reestablish credibility
with the community (COMMENTS EXCHANGED SIMULTANEOUSLY).
Mr, Grimm: Now, other thing that did happen yesterday which I found
little appalling and I brought this up with this group was that they have not gone
through the trouble of going to the Director of Public Works with these nine
points and asking him what he would do about correcting it and I asked them
point blank why they had not,and the answer makes us feel a little bad in
the sense that they felt that they wouldn't get an adequate response,and I
can assure this Commission that we'll change that circumstance.
Mr. Plummer: Well, you know, that's one of the points, another point well
taken. but I'm going to tell you, Mr. Grimm, the key point that I have
developed over these months of the main objection, okay? and I want that in...
if it's not one of the nine, then make it number ten. The feedback that I get
is in the way the specs are drafted.
Mr. Grimm: Again, are you talking about Public Works contracts?
Mr. Plummer: I'm talking about bids, okay? Now, we are big boys, we no longer
fall in the category that we're too small to be big or too big to be small,
we're big boys. Now, I think that any company that has $100,000,000 budget that
does not have a full-time,professional specs writer is derelict.
Mr. Grimm: Well, we do, and let me say this for your information. Our
engineering specifications are used as a model by the Engineering Contractors'
Association to try and get all other government agencies in this area
to adopt our specifications, both the written ones and the graphic ones; so
I think that if you ask those questions a little bit more detailed, you'll
find out that ours are the top ones.
not.) Of' are you talking
automobiles, okay?
Mr. Plummer: I would ask one other favor and I'll quit. I would like,because
I have not had time, to go and inquire of other municipalities,including Metro,
as to what their experience has been --as a comparison. You know, are they
getting many, many more bidders?
Mr. Grimm: I'll be happy to do that.
Mr. Plummer: ....Are they getting equal?...they can't get less, because
that's impossible.
Mr. Grimm: I have something here too that I'd like to give to you because
of your interest which is a five-year history of every contract awarded, how
many adds were mailed out, how many people took our proposals and how many
finally bid., okay?
Mr.. Plummer: I'm just tremendously pleased that we're moving forward in that
area.
Mayor Ferre; Okay, we'll meet at 2;00 O'clock, Thank you very much,
TEE CITY COMMISSION recessed for lunch at 12;25 P,M, and reconvened at
2;20 P.M. with all members of the City Commission found to be present,
61
PJUL 271978
21. PLAQUES, CEITMF/CATES OF APPRECIATION, SPECIAL ITEMS
1. Presentation of a Trade Fair Medalion to Mrs. Betty Loria, widow of the
late Consul General of Bolivia, Juan Jose Loria.
2. Presentation of a Proclamation designating the week beginning August 1,
as "National Clown Week" to Arlene Rogel(Pickles The Clown), President,
Baggy Pants, Vice President and other members of the Clown Club of Miami,
Alley No. 2.
3. Presentation of a Certificate of Appreciation to the City of Miami by
the Coast Guard Auxiliary. Presenting the award Was Commodore Welling,
Admiral Durfee and Commander Addison.
4. City's 82nd Birthday.
+ ^wane ►. -.. • .I.' 4..410 rat!- .+
22.
PUBLIC HEARING:
C:nfirm Assessment Roll:
TRACY SANITARY SEWER
IMPROVEMENT SR-5275-C
Mayor Ferre: Well, we are now on item #16 which is a Public Hearing -
Objections to confirming assessment roll for construction of the Tracy Sanitary
Sewer I-provement SR-5275-C (centerline sewer) located in the vicinity of
the Civi.. Center area. Are there any objectors present? All right, Plummer,
are you to move it?
Mr. Plummer: Are there any objectors present who wish to speak? Seeing none,
I move it, Mr. Mayor.
Mayor Fetre: Seconded by Gibson, further discussion on item 16. Call the roll.
The following resolution was introduced by Commissioner J. L. Plummer, Jr.
who moved its adoption:
RESOLUTION NO. 78-496
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF TRACY SANITARY SEWER IMPROVEMENT
SR-5275-C (centerline sewer) IN TRACY SANITARY
SEWER DISTRICT SR-5275-C (centerline sewer) AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.) Theodore R. Gibson, the reso-
lution 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
62
JUL 271978
23. Continued discussion -
MOTION OF INTENT TO ACCEPT BID
computers and
communications equip.
Mayor Ferre: Now, Mr. Manager, did you have the opportunity during lunch
to make the calls to the respective....
Mr. Grassie: Yes:, we have, Mr. Mayor, and....
Mayor Ferre: All tight, what's your conclusion on that?
Mr. Grassie: Bill Smith is here to report on those calls.
Mayor Ferre: All right, Mr. Smith.
Mr. Bill Smith: We have made the calls to the people who are not present
now,which are Motorola and DEC. Digital Equipment Corporation has informed us
that they will not hold their price line. Motorola, we have called their
Sales Manager, their Regional Manager,and all the way up to their Vice President
and no one has returned our call,and we can't reach anyone there yet. So
we have no quote from them. The vendors here we have not canvassed because
we felt that they could present that for themselves whether or not they'll....
Mayor Ferre: Yes, sir. Are we taking pictures now? Could we turn off the
•lighLs to save our eyes a little bit for later on? Thank you.
E-Systems Representative: Yes, sir. We have called back to our factory, representing
E-Systems, and have found that we would have a very potential price increase.
It would slip the schedule in it because we've advised our price on a go ahead
on the 1st of June and we are already 2 months behind that date; and so we
would have, if we slip beyond, to have our price increased.
Mayor Ferre: E-Systems, right? All right. Mrs. Gordon moves, Father Gibson
seconds, further discussion, call the roll.
Thereupon the foregoing motion of intent to accept bids received
for Electronic Data Processing Equipment, Police Mobile Digital System
and Magnetic Disk Computer and Components, was passed and adopted by the
following vote:
AYES: Commissioner Gordon
Commissioner (Rev.) Theorodore Gibson
Commissioner Manolo Reboso
Mayor Maurice Ferre
NOES: Commissioner J. L. Plummer
See award of bids - Minute item Nos. 24, 25 and 26.
ON ROLL CALL
Mr. Plummer. Well, I could filibuster for about 27 hours, I think I could
last that long but no, I vote no for the comments which I made this morning.
24. ACCEPT BID:
ELECTRONIC DATA PROCESSING EQUIPMENT
AND SERVICES
Computers and Communications Dept.
Mayor Ferre: We are now on item #17.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
Mayor Ferre: We• will be, I think thatwill just go along, you ,
don't have to stay for that. Does anybody have anv problem? If you want 1'4
be happy to take them out of order(inaudible).
1
Pt. Fiu ►et: Frofi the position of the trouble raker, fio, no probiets.
tt yot Ferre: Plut rnet, take up itet #43, Ctrs. Gordon roves, Father Gibson
seconds, further discussion on itet 43.
Mr. Plummet: 43? Oh:
Mayor Ferre: Further discussion, call the roll.
The following resolution vas introduced by Commissioner Rose Gordon who
moved its adoption:
RESOLUTION NO. 78-497
A RESOLUTION APPROVING THE AWARD OF BID
FOR ELECTRONIC DATA PROCESSING EQUIPMENT
AND SERVICES BASED ON EVALUATION OF
PROPOSALS RECEIVED BY CITY; AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE BURROUGHS CORPORATION SUBJECT
TO THE TERMS AND CONDITIONS OF THE BID
SPECIFICATIONS AND PROPOSAL AND NOT TO
EXCEED $1,501,519, PLUS INTEREST IN THE
AMOUNT OF $310,199, ALLOCATED FROM THE
POLICE BOND FUNDS, THE FIRE BOND FUNDS,
AND THE USER DEPARTMENTS GENERAL REVENUE
FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.) Theodore R. Gibson, the reso-
lution u as ra.ased and adopted by the following vote:
AYES: Coui.iosioner Rose Gordon
Commissioner (Rev. Theodore R. Gibson
Vice Mayor Manolo Reboso
aayol Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
25. ACCEPT BID: POLICE MOBILE DIGITAL SYSTEM
Police Department
Mayor Ferre: Take up item 44. Mrs. Gordon moves, Father Gibson seconds,
further discussion on 44. Call the roll.
The following resolution was introduced by Commissioner Rose Gordon who
moved its adoption:
RESOLUTION NO. 78-498
A RESOLUTION APPROVING AWARD OF BID
FOR THE POLICE MOBILE DIGITAL SYSTEM;
AUTHORIZING A CONTRACT WITH E-SYSTEMS
INC., SUBJECT TO THE TERMS AND CONDITIONS
OF THE BID SPECIFICATIONS AND THE PROPOSAL
AND NOT TO EXCEED $1,299,264, ALLOCATED
FROM THE POLICE BOND FUNDS AND THE D,A.R.N,
GRANT FROM L.E.A.A,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk),
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64
JUL 27197B
Upon being seconded by Commissioner (Rev.) Theodote R. Gibson, the reso=
iution was passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev. Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
1
MAGNETIC DISK AND COMPUTER COMPONENTS
26. ACCEPT BID: Police Department
Mayor Ferre: Take up item 45. Father Gibson moves, is there a second?
Mrs. Gordon seconds, further discussion on 45, Manager recommends, call the
roll on 45.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 78-499
A RESOLUTION APPROVING THE AWARD OF BID
TO DIGITAL EQUIPMENT CORPORATION (DEC)
FOR ADDITIONAL MAGNETIC DISK AND OTHER
COMPUTER COMPONENTS AND SUPPORT SERVICES
FOR THE POLICE DEPARTMENT PHASE IV INFORMATION
SYSTEMS PROJECTS; AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH DEC SUBJECT TO
THE TERMS AND CONDITIONS OF THE BID SPECIFICATIONS
AND PROPOSAL AND NOT TO EXCEED $348,994, ALLOCATED
FROM THE POLICE BOND FUNDS.
(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 Rose Gordon
Commissioner (Rev.)Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Mr. Plummer: Mr. Mayor, may I just conclude these comments by thanking the
Manager and Mr. Smith and his staff for allowing me to try and satisfy my
curiosity. That has never been afforded to Commissioners in the past, maybe it
will never be again, but I want you to know that I felt very comfortable with
you giving me the right to look into something that I felt need it; and I
want to compliment both of you for it.
Mayor Ferre: All right, sir. thank you.
PUBLIC HEARING: TRACY SANITARY SEWER IMPROVEMENT
27. .Confirm Assessment SR-5275-S
Roll-
•
Mayor Ferre: A11 right, we are now on item #17 which is objections to con-
firming assessment roll for construction of the Tracy Sanitary Sewer near the
Civic Center area. Are there any objectors present to item 17?... That's the
Civic Center area. Gibson moves, seconded by Plummer, further discussions
call the roll.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 78-500
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CON-
STRUCTION OF TRACY SANITARY SEWER IMPROVEMENT
SR-5275-S (SIDELINE SEWER) IN TRACY SANITARY SEWER
IMPROVEMENT DISTRICT SR-5275-S (SIDELINE SEWER)
AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
28. SECOND READING
ORDINANCE:
APProve APPropriations-
DEPARTMENT OF OFF-STREET
PARKING
FY 78-79
Mayor Ferre: We are now on item 4/18 which is the second reading of the
Ordinance approving appropriations for the fiscal year commencing October 1,
and ending September 30by the Department of Off -Street Parking. Mr. Plummer?
Mr. Plummer: Mr. Mayor, it was at my request that this was deferred. I want
to tell you that I had a most enjoyable meeting yesterday with Mr. La Baw,
Colonel Wolfson and Mr. Ron Silver and in areas, Mr. Mayor, where I didn't feel
sufficient information had been given, these people were forthright and above
the board, the answered every question that I had, I think that maybe I was
beneficial to them in pointing out in a few areas that.if their terminology had
been different it would have been more informative. It is my hope that
they will do this in the future plus I suggested to them that they come to us
with the reports not once a year but two or three times a year to keep this
Commission fully informed as to what they're doing. I invited them, Mr. Grassie,
since parking is a criteria in the development of the Orange Bowl that they
participate into that. Mr. Mayor, I'm very happy and very satisfied that the
Off -Street Parking Authority is doing a good job and when discussion is
concluded, I will be happy to offer the motion for that approval.
Mayor Ferre: All right, there is a motion on item 18, is there a secoad?
66
JUL 271978
Secctded by Co i%ssiot of Reboso, fuft tet disotissioo, teed the ttditattoe.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING APPROPRIATIONS POR THE FISCAL
YEAR COMMENCING OCTOBER I, 1978 AND ENDING SEPTEMBER
30, 1979 BY THE DEPARTMENT OP OFF-STREET PARKING;
CONTAINING A SEVERABILITY CLAUSE AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
Passed on its first reading by title at the meeting of July 13, 1978, it
was taken up for its second and final reading by title and adoption. 0n
motion of Commissioner Plummer, seconded by Vice Mayor Reboso, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8833
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
Mr. Plummer: Let me also add one point which will not be popular to anyone --
to us, to the public, or anyone-- but in my examination it was very obvious
that one of the garages is not,in any way, shape or form breaking even. That
is the garage in Biscayne Boulevard which annually is losing about $100,000
per year. Mr. Mayor, it was my suggestion and I was happy to find out that
they were a little hesitant to come here but after I talked to them, will
come here and they will be asking for an increase to put that on a paying
basis not to make money but not to lose money and what it in fact will do; is it
will put that garage competitive with private enterprise around that area.
And I said that as long as it was not more and it was not for profit that
I personally would be in favor of such and I'm just telling you, Mr. La Baw,
that I think the rest of the Commission should be appr&sed and... as a matter
of fact, they are proposing the exact same rate that's paid at the Airport.
I think it must be done, I don't think one section of this community should
have to subsidize another and that's really what's happening. I think it
should be put on a paying basis and this proposal which they will make will
put it on a paying basis.
Mayor Ferre: All right, thank you.
29. FIRST READING
ORDINANCE:
ENACT new sections 39-6, 39-7
of the CITY CODE
Rental Rates -.MUNICIPAL AUDITORIUM
& DINNER KEY EXHIBITION BUILDING
Mayor Ferre: Now, we're on what, item 19, Mr. Clerk?
Mr. Ongie: Yes, sir.
Mayor Ferre; All right, this is the first reading, this is repealing
Sections 39-6 and 7--City Code Procedures and Rental Rates at Municipal
Auditorium and Dinner Key, You have this information in your packet, the
Manager recommends, any discussion on it? Questions? All right, is there a
motion?
67
JUL 2 ? 1978
:r. Pitthth et: Rose?
Mayor Ferre: This is the Rose Cordon's Exhibition t4a1i,
Rev, Gibson: 19, on the 19 1'11 move it,
Mayor Ferre: Father Gibson moves,
Vice Mayor Reboso: Second,
Mayor Ferre: Seconded by Reboso, further discussion on 19.
Mr. Plummer: Under discussion, Mr. Manager, is in any way this ordinance
addressing the problem we are suffering from every year to make it crystal
clear about the boats and the moving of the boats? Is that crystal clear,
spelled out in this ordinance? Because it really does relate to the rates
that are paid, and I'm just hoping that in some way that we are eliminating
this constant problem before the Commission where every year the people on
Pier 5 who have to move come down here and bark at us because of the Boat
Show being in the Auditorium, and if it does not, if it is not contained in
this ordinance, will you could please do such so that we can eliminate this
annual confrontation between Pier 5 and the Commission?
t•'.r. Grassier: The question you raise, Commissioner, really has to do with
a different niece of legislation. Let me ask Bob Jennings to give you a full
report on. it.
Mr. Plummer: No, let me do it a better way, so I don't take up the time of
the Commission. If that problem is not resolved here, I would ask of the
Administration to propose legislation to this Commission to eliminate this
annual confrontation.
Mr. Grassie: Yes, sir.
Rev. Gibson: Mr. Mayor, I want to say how much I think that whole development
has impro.cd. The looks of down here. I know some of us did not want to
do it and I'iu happy it makes us look as if we're all alive down here now
and not rl: are we alive but we look like decent, respectable people, specially
with all that landscaping and the lights and the parking and all that
business. I want to make that'for the record.
Mr. Plummer: Well, as one, Father, who was in opposition to the redoing of
Dinner Key, I want to tell you that it is developing very beautifully. It does
not override my objections that it was in the wrong place, that's still the
case but I want to tell you it's really doing beautifully.
Mayor Ferre: Let's not retread that. Well, ladies and gentlemen, if we could...
and I'll tell you what, I again will make a commitment not to make long speeches
as if you don't and let's see if we can move along and get out of here earlier.
The next item... I'll tell you how sincere I am about that, I won't even
speak on the next item, I'll just offer the motion... here.
Mr. Plummer: I hope you don't have to speak.
Mayor Ferre: No, I've already said and made all my speech on item 20 so you
know what it is, and you know exactly what it does and what it means. I
offer item #20.
Mr. Ongie: Mr. Mayor, we didn't do item 19 yet.
Mr, Knox; Shall I read the ordinance? There was not a motion.
Mayor Ferre: Oh, I'm sorry.
Rev, Gibson; I'll move it.
Mayor Ferre; It's moved, it was moved by Gibson,
68
JUL 271978
•
Mt, OHgie t Honed Attd seconded it,
AN ORDINANACE ENTITLED
AN ORDINANCE REPEALING SECTION 39-6 AND
39 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.
Was introduced by Commissioner Gibson 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
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NONE: 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.
69
JUL 271978
30. FIRST READING
ORDINANCE:
Proposed Charter Amendment-
dILARGE CITY COMMISSION TO
9 MEMBERS
Mayor Ferre: Ladies and gentlemen, on item 20, I could give you a 20 minute
speech on all the reasons why It's essential to go to disctricting at all
levels of government --State, the Federal already has districting, that's what
the House of Representative is all about --and we need it very badly in Metro-
politan Dade County but I don't think that that's going to change anybody's
opinion. I think we've all had time to think about it and talk to the respective
people that we want to talk to to get the opinions and what have you; and
therefore, in the interest of saving time, I just make a motion on item #20
which will let the people of Miami to have an opportunity to vote for or reject
the concept of districting in Miami. It's a balanced, well -thought out
proposal, I think, it follows the Touche-Ross approach that we're recommending
to Metro, I would hope that if we are succesful here that Metropolitan Dade
County would give the people of Dade County the same consideration. It is
my understanding that there is much deliberation going on at a certain building
on the Waterfront next to the Omni complex, in the center of Miami, I think
it's very interesting that they have said nothing so far, I have heard the
iumblir,gB that they are about to shake up this community by changing their
minds for Lne first time in 21 years, and that certainly shows some kind of
progress. So, we'll see, but in the meantime, I offer the motion.
'lice M vo' Reboso: We have a motion on the floor.
Mr. Plummer: Mr. Vice Mayor, well, let me second the motion and then discussion.
I second the motion. Mr. Mayor and the members of the Commission, I have
studied this proposal as proffered and I am not completely happy nor am I
completely unhappy. I think it has merits, I think it has demerits. Some of
the concept I find most interesting and most intriguing and most necessary
for this City. I could go all through them, I will not. I think the philosophy
that I '•t11 adopt in this particular issue is very simple. I am very much
opposed to Casino gambling but I'm very strong in support of the people's
right to sresk.
Mayor Ferre: Don't compare them!
Mr. Plummer: I'm not comparing them, the philosophy,...very strong in the
people having the right to speak. This Commission has seen fit on many
occasions before to go out on very simple questions to ask the people to speak.
This is a major change or possible change and I have no problem with letting
the people speak but I am going to be most insistent of the Administration
that the public be as informed on this issue as the Administration and the
Mayor made us, the Commission, so that they can make an intelligent decision;
and because of that I have no qualms about letting the people speak on this issue.
Rev. Gibson: Mr. Mayor, I want to raise a question. Whether I am for or
against it, I want to make sure that as you give the information, foreign
things unknown to the people are known. Some time ago, we asked the people
of this City to increase the pay of the Commission --incidentally, I can
- afford to say this because I preach for a living and this is a sideline for
me-- and the people opposed giving me any more money to do their business.
I think the people ought to also be told, out of fairness, doing what you said,
because I've been through a meeting last night and I got all ripped up, okay?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD).
Rev. Gibson: Well... I got ripped upon this and one on the need for a sub -
police station. The guys were vehement and they weren't my people either.
Listen to this, at presently, we pay five of us. Now, I just want to listen
to the logic, I want to make sure everybody listens to my logic and don't
assume where I am on this issue. You now must, if this goes, you must pay
nine people, okay? Somebody at the meeting raised a question that maybe
you ought to ask, I know this will then do harm, that you increase the pay, In
116t-
MHZ-
!0
JUL 271978
addition to adding lout other persons at $5,000:=I think that's how much
it is, it's a 160 some dol afs at evefy two weeks, that ydu will have to gi`Eii'e
each person on this Commission an Adfninistrative Assistant, isn't that right;
Mr, Grassie?
Mr, Grassie: Following the existing pattern, we would giYe them an adtninis.,
trative secretary to each of them, yes.
Rev, Gibson: Then let us talk about following the existing pattern, we've
got this, and one thing you learn by government, I aint' going to give it up,
Letts be forthright in what we say, you know, that's all I want to do, Now, if
that's the case, I hope when we go to the people, we also tell the people
because, you know, I feel like I'm entitled to an increase regardless to what
anybody says. Now, if the Mayor doesn't want his, fine. Reboso, you don't
want yours, fine. Plummer, you don't want yours because you're burying enough
peopoe, fine. Rose, if you are selling enough Real Estate, you don't want it,
fine. Gibson wants his, okay? That's the way I'm doing it, I am going to make
it personal, it's just that simple. Now, I hope that you all also tell the
people the budget cost. You know, I have a problem that districting will serve
a purpose that I would like to have it serve. I'm not opposed to it, okay?
But Ijust think that based on what was told me last night, and the impression
that I got, were two things --districting and for a sub -police station and
incidentally, you'd be surprised they want a sub -police station in Allapattah,
and I told them, listen you know, I went through that sub -police station jazz
go on 5th Avenue and llth Street, you know? And I just thought I better put
that on the Lable because I promised to tell you.
Mayor Ferre: Father, I have no problems with either of those. I...Plummer?
because I want you to see this, because I've asked John Laseville... As you
know is pretty adept with numbers and statistics and figuring out plans and
all that. I asked him just to look, this doesn't mean that we are going
to be doing this because as you know this ordinance says that there would be
a committee set up to do this. But I said, John, why don't you divide the
City of Miami up in four districts in a demographic way that would be accepta-
ble if tested in Federal Court and let's see what the four districts might
look like. This doesn't say that they will look like this, this is just
one's man view of it but I think it's a good idea just for us to take a look
and see what one recommendation might be of what four districts in the City
would look like. These are balaced districts. I'd like to point out while John
is setting up, that one of the characteristics in the Metro Charter when they
talk about districts is geographic-- which means no gerrymandering-- and the
second thing is character, character. Now, that means that we have to
recognize that the Northeast area might have a different character from Little
Havana. Now, obviously, there's no way in which you can do that for smaller
pockets. I wish that we could create a district that would be strictly Coconut
Grove but there are not enough people in Coconut Grove to give them a district
if we go to only four districts. However, I think that this is one way of
dividing it. I might point out that instead of going on a North -South axis
the way you see the orange and the blue we could also go on East-West axis
so that's another way of dividing one of these districts. The last thing
I want to say before recognizing Mr. Laseville is that --and he'll show you
the figures-- despite the fact that obviously this is predominantly a Black
population area and that is its.. character, it is not exclusively Black
since there are, as you see, 14% Latin and I don't know how many Anglo-White,
and in the two areas in the South that a lot of people would say, well those
are Cuban districts, that is not so. As you will see, the Cuban voters in
those are a minority and the majority are White -Anglo-Saxon citizens and
with that Johnny, I turn it over to you.
Mr. Plummer: Well, before my good friend John starts, I did hear the Mayor
say he wasn't going to speak on this item, but I want to make one thing clear
in my mind and that is that what John is proposing today is only an example,
okay? It's an example but it is not what this Commission will be bound by if
in fact passed by the voters.
Mayor Ferre: I'm glad you clarified it again and I said that at the beggining,
This is not final, it's not even preliminary, it's just one person's opinion,
71
JUL 271978
Mr. Plotter: it's an eiampie. As long as we utdetstand each other.
Mrs. Gordon: rather Gibson brought out a lot of points for us to think about.
1 think thete's one that we also have to think about and that is the space to
put these additional commissioners, Certainly, this building is overcrowded;
that means the construction of some additional facilities somewhere.
Mr. Plummer: Install them in the Administrative Building.
Mrs, Gordon: Yes, I know about that Administrative Building but it's over-
crowded before it's completed. So, I just want you to... you know, when you're
putting all of the thiught together that you think about that one as well as
the total the budget for operating the City with that many more commissioners.
Mt. John Laseville: Members of the Commission, my name is John Laseville.
I reside at 46 Shore Drive West, Miami, Florida. I came before you this after-
nodn to demonstrate one possible, and I repeat,one possible manner of district-
ing the City of Miami. I have done the comprehensive study of the various
characteristics of the City, taking into account population, ethnic composition,
registration of voters and natural geographic boundaries. When my presentation
is completed, I am certain that you will agree that is the best method of
districting. Before proceeding, I would like to, publicly, thank the City
of Miami Planning Department, the Dade County Elections Department for their
assistance. Without their help this study would not have been possible. And
now I wish tc explain the procedures I followed to achieve the end result to
11 use before you, using the Miami River as natural geographic boundary. I divided
the Miami River in two sides, West of 27th Avenue and East of 27th Avenue and
then I divided North of Miami River, East of 7th Avenue and North of 7th Avenue.
The characteristic of this area I have here --South River District which I call
this area, all right? Total population-110,986. Non -Latin White-21,213;
Black-729. Total registered voters-26,186; Non -Latin White-15,642; Spanish-
American-12,939; and Black-305.
Mayor Ferre: So, tell me what the percentage of Latins would be in that
district.
Mr. Laseville: District 1, the percentage of Latin is 78%.
Mayor Ferre: No, no, it couldn't be 78%. Voters?
Mr. Laseville: No, no. Voters-45%.
Mayor Ferre: How much?
Mr. Laseville: 45%.
Mayor Ferre: 45%, okay, and the rest?
Mr. Laseville: 55% Non -Latin White, and Black less than 1%.
Mayor Ferre: Less than 1%.
Mr. Laseville: Now, the second area, this is South River 2, West of 27th
Avenue, had 97,223 population. Non -Latin White-27,519; Spanish-American-
61,529; Black-8,158. Total registered voters-34,110. Non -Latin White-17,761;
Spanish-American-26,908; and Black-3,385.
Mayor Ferre: Registered voters, then what's the percentage?
Mr. Laseville: Registered voters you had 5% Black, 55% Non -Latin White,
and 40% Latin.
Mayor Ferre: Okay.
Rev, Gibson: There's a term you use and I don't understand it.
Mr. Laseville; The term?
72
AL 271978
Rev, Gibson: At oAe tide you use tatih Afieticans, anothet tide you use
Spanish, , , ,
Mt, Laseville: Spanish-American,
Rev, Gibson: Explain why,
Mr, Laseville: Because sometimes people call it tatin-American, Sohetities
they call it Spanish-American, I use that terminology,
Rev, Gibson: Well, for the presentation let's stick to one term so that we
don't,,. you know.,. that's very important in a presentation, for the anyway,
Mr. Laseville: All right, now, North River 1--is this area --East of 7th Avenue
all the way to 37th Street --you have here Miami Avenue, 54th Street, you take
again 7th Avenue all the way to the end of the City. North River 1 has
71,418 population. Non -Latin White-26,559, Spanish-American-....
Rev. Gibson: No, no, no, no, no, no....
Mayor Ferre: Latin-American.
Rev. Gibson: Because I have...let me say this, so that nobody will be on
any misapprehension.
Mr. Laseville: You know, what happens, Reverend is that here we have the
Voters' Registration Department list and they classified it as "Spanish-
American" and in some other, you know, government agencies, they call it
"Latin",but here, for example, they say... --this is from Dade County--, it is
Spanish-American, that's the reason why I used "Spanish-American".
Mayor Ferre: See, that comes from the Census Bureau, and they make that...
and I agree with you, it's a mistake, and sometimes they call it Spanish-
American population, and other times they call it Non -Latin White population,
that's the so-called Anglo community. See, it used to be where people used
to be Polish -Americans or Catholic -Americans, or Jewish -Americans, or...
you know, now, in this community it's calle "Non -Latin White".
Mr. Laseville: Yes, the Dade County Department of Elections uses Non -Latin
White and Spanish-American.
Mayor Ferre: That's Anglo.
Mr. Plummer: That's Anglo.
Mayor Ferre: They've got all kinds of different terminologies, and it's very.
confusing.
Mr. Laseville: Well, now, continuing with North River 1, this area, the big
one, you have a total of registered voters of 27,062; 12,120 Anglo (or Non -
Latin Whites); Spanish-American (or Latin)-3,279; and Blacks-10,963. Now,
going to North River 2, this area here, and north of the River here,
North River 2 has a total population of 74,679. Non -Latin Whites (or Anglos)-
9,415; Spanish-American (or Latin)-25,346; Blacks-39,907. Total registered
voters in this area of North River 2 is 26,924. Non -Latin Whites (or Anglo)-
3,460; Spanish-American (or Latin)-3,366; Black vote-20,098.
Mayor Ferre: Give me the percentages, in other words, that's a predominantly
Black and now many...what's the percentage of Latins in there?
Mr. Laseville: The_ percentage of Latins here is 6% Latin, 6% Anglo or
Non -Latin White, and 88% Black. Now, let me give you the total population
of the City of Miami. The City of Miami's total population is 354,306.
Non -Latin White (or Anglo)-84,701 equal to 24%; Spanish-American (or Latin)-
198,183 equal to 56%; and Blacks-71,317... 20%. This is the total population,
now let's go into the registered voters. The City of Miami has 49,683 Anglo
(or Non -Latin White) -means 42%; Spanish-American-33,553...28,5%; Blacks-
34,546.,.29.5%. Total registered voters in the City of Miami-117,782,
7
Mayor Pate! All tight,
Rev, Gibsont What's the total tegisteted voters?
Mt, Lasevillet 117,782.
Mayor Ferret
what...?
Rev. Gibson:
And then the Latins ate, Or
What is the percentage
Mr. Laseville: 49,683... 42%.
Rev, Gibson: What is the percentage
Mr. Laseville:
Rey►. Gibson:
Mr. Laseville:
actually, the iatgest is White,
of Whites?
of the Mack?,..,
The Black-34,546... 29.5%.
What's the Latin?
Latin-33,553....
Vice Mayor Reboso: Can we have a copy of that paper?
Mr. Laseville: Yes, of course.
key. uivaon: What's the percentage?
Mr. Laseville: 28.5%. Now, if you want me to, I can explain another thing.
You have the composition of the two parts of the City. The South of the River,
all right?...the composition South of the River is 208,209 total persons living
south of the River, which Anglo (or Non -Latin White) is 48,732; Spanish-
American (or Latin)-150,520/ and Blacks-8,872.
Mayor Ferre: All right, thank you very much. Is there anything else you
want to present to the Commission on this subject?...Are there any questions?
If not, thank you Mr. Laseville. John took a lot of time to do this, he
did it ctri'rly on a voluntary basis....
Mrs. Gordon,: Could we have a copy of all that?
Mayor Ferre: .... and we are certainly very grateful for all the work. He
spent many, many hours doing this and we are very grateful. Again, for the
record, this is only one example of the types of districts that could be drawn
up that does not mean that we are going to do anything like this. I really
have nothing else to add so I'll just call for the vote from the Chair.
Vice Mayor Reboso: We have a motion and a second.
Mrs. Gordon: Mr. Mayor, still on discussion?
Vice Mayor Reboso: Under discussion, Commissioner Gordon.
Mrs. Gordon: Do you want to say first anything, Father?
Rev. Gibson: I perceived, since I said I was under the heat last night.
Mr. Manager, sir, tell us what kinds of moneys this involves.
Mr, Grassie: Well, I have not made those calculations but I would think that
you are talking about an additional $100,000.
Rev. Gibson: Okay, let me do it this way, presently it costs us how much?
Mr, Grassie: My recollection of your budget, the Commission budget, is
$109,000.
Rev. Gibson; So you are saying,...
Mr, Grassie; I'm just estimating another $100,000,
Rev, Gibson; Okay, I just want to make sure that we are aware.
Mr, Gordon; Question also, where would you place four more Commissioners, Mr. Manager?
74
PMW-
JUL 2 719-78
Mt, Grassie: We would hale to trove out of this building some offices* eithet
the offices on this side of the building ot,,,but We would have td bake ante
additional space for you, probably on this side of the building, the South aide
of the building.
Mrs. Gordon: Mr. Plummer stated he was opposed to gambling but he wants to let
the people decide if they want to gamble or not, I think I'd just as soon let
the people gamble..decide if they want to gamble on this too. I see the simile
that he has made even though the Mayor told him to keep quiet, that it wasn't
similar. It is similar. The idea that you want to let the people decide...
fine, there are a number of choices that we could give the people. If in fact,
we want to give the people choices there are a number of different alternatives
that you can give them. How...I'm just being facetious if you want to take it
that way, you could even ask them if they didn't want any of us here, you know,
that's an alternative too.
Mayor Ferre: That happens every two years.
Mrs Gordon: At any rate, I'm personally not for it but I'm not going to oppose
it going on the ballot.
Mr. Reboso: Call the question, please.
Mr. Plummer: On the record, the one feature, Rose, and I want to make sure
that this is on the record, in discussion with Mr. Grassie, the one thing
that I like tremendously about this plan was that it is proposed thvt if we
go to a nine member Board that this Commission would be like the Legislature
in forming committees, which would give each committee more time to dwell
into the different facets in the operation of this City, where today I as
one Commissioner, feel responsible that I must know about all in depth about
this City, if we had reporting committees to formulate and to investigate
and to look into and then come back to the full Commission making those
reports to the Commission, they then as a total body would make the final
decision. Each one of us here, for example, presently today, have that area
of interest, and I make no bones, mine being Police and Fire, and for example
if this nine -member where to go through there would be a committee of three
commissioners who would be like look over Police and Fire, three commissioners
who would be look over Parks and Recreations which is Rose's..you know, situa-
tion, and I like that because it would give that committee more time to devote
to that particular area of interest. I like it.
Mrs. Gordon: Well, J.L., if you like it fine, that's great, like I said
before, there are pros and cons in every issue that comes before this Com-
mission and this is another one that has some pros and cons.
Mayor Ferre: I would just like to tell Mr. Plummer since the Chairman of the
Legislative body, namely myself in this case, would have the prerogative of
naming the committees as the President of the Senate and the Speaker of the
House does, I would like to formulate committees you are going to serve on,
Mr. Plummer
Mr. Plummer: Mr. Mayor, you might be Chairman today, you might not be Chair-
man tomorrow and I would still be the senior member.
Mayor Ferre: All right.
Mrs. Gordon: I still have one question, Maurice, and you have to answer
this, what is the term for the Mayor?
Mayor Ferre: Two years.
Mr. Plummer: Too long.
Mrs. Gordon: It doesn't say it in the Ordinance.
Mayor Ferre: Because it's already there, you see, this is only what you
change, they are not changing that. I am not proposing a change there.
Mxs, Gordon; I just didn't know because there it's silent and I didn't
know whether you had intentions to change that,
75
'JUL 27197a
Mayor Pate: It leaves that the same. That is something that eventually
should be addressed but t don't want to address it while I'Mn Mayor because
then people will say that I'ni just trying to get 'Myself a fouryear term
and I'm really not interested in that, so I would rather address that hopefully
some day after I leave office or right before I leave offices whenever
that is.
Mr. Reboso: Call the question, please.
Mt. Knox: Sit, I'll read the ordinance.Prior to reading the ordinance, Mt.
Mayor, Commissioners, I should advise you of matters pertaining to scheduling
so that you will be aware at the time that you are prepared to vote on the
ordinance as to whether or not...of which election, which imminent election
this question will be placed on the ballot. Inasmuch as this is now framed
es an ordinary ordinance, it will require reading on two separate dates and
will not become effective until 30 days after adoption by the Commission.
If we are talking about the October 5 election, then 60 days prior to October 5 _
would be August 6, which would mean that this ordinance would have to have
been read twice and adopted by the Commission on or before August 6. If we
are talking about the November 7 election, then the operative date would be
September 8, that is, the second reading and adoption by the Commission
would have to take place on or before September 8. There are two alternatives,
the first alternative is that the Commission by a four/fifths vote may dis-
pense with the requirement of reading the ordinance on a separate date, so
that we could frame the ordinance here now.
Mayor Ferre: I'd just as soon, George, excuse the interruption, but I think,
aren't you better off from a legal defense point of view reading one today
and the other one tomorrow?
Mr. Knox: Yes, sir. The Charter requires reading on two separate days.
Mayor Ferre: So we read it once today and once tomorrow.
Mr. Knny: All right, that would mean that the ordinance would only become
effective 30 days after tomorrow, which would also mean that in order to
satisfy rh- notice requirements this matter could only be placed on the ballot
at the b:.ncral election on November 7.
Mrs. Go_e,c What difference does it make?
Mayor Ferre: Actually, the November 7 ballot will have a much bigger turn-
out, it'd mean that you have....
Mr. Plummer: When is the Constitutional Revision question going on?
Mayor Ferre: November. I think...I really don't know whether we are better
off on an October ballot or a November ballot. I think the October ballot
is going to be a small turn out because you'll only have about 3 or 4 run-offs.
It certainly is not going to have...it will be..the Governor's race will be on,
but there won't be much more on, there won't be any County Commission races,
I don't think, and there will be very few legislative races, there will be 2
or 3.
Mrs. Gordon: When is the Constitutional Revision coming in the ballot?
Mayor Ferre: November.
Mr. Grassie: Possibly the City Attorney should indicate to you the alternative
of an Emergency Reading, which would save you 30 days.
Mayor Ferre: I see, so in other words, what you are saying is, Mr. City Attor-
ney, that we should read it on emergency, if possible?
Mr. Knox: If you adopt it on an emergency basis the ordinance becomes ef-
fective immediately and you will have saved 30 days.
Mayor Ferre: That's legal.
Mr. Knox: Yes, sir, all you have to do is make a legislative determination
as to whether,..
76
JUL 21978
Mayor Vette: So it all depends oft whether we want it in October or Novetber
because if we don't get four/fifths of the vote on this Commission then it
obviously has to go on the November ballot, I'm assuming we are going to get
three votes, I don't know. Well, okay, anything else?
Mr. Reboso: All right, anything else?
Mrs, Gordon: Well, what are you going to do
Mr. Knox: Shall we interlineate 'an emergency measure'?
Mayor Ferre: Well, let's see how many votes it gets because if the.,.why don't
you read it on First Reading and then if we get four/fifths vote we'll ask for
a second emergency vote?
Mr, Knox: All right.
AN ORDINANCE ENTITLED -
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT
AMENDING SECTIONS 4(a), 4(b) AND 13(b) OF THE CHARTER OF THE
CITY OF MIAMI TO PROVIDE FOR AN ENLARGED CITY COMMISSION FROM
FIVE TO NINE MEMBERS WITH THE FOUR ADDITIONAL CITY COMMISSIONERS
TO BE ELECTED FROM FOUR DISTRICTS BEGINNING WITH THE 1979 RE-
GULAR MUNICIPAL ELECTION; PROVIDING FOR A METHOD OF ESTABLISH-
ING THE SAID DISTRICTS; PROVIDING FOR A FOUR YEAR TERM OF OF-
FICE FOR SAID ADDITIONAL COMMISSIONERS; SUBMITTING THE PROPOSED
CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE
SPECIAL MUNICIPAL ELECTION OF OCTOBER 5, 1978; PROVIDING THAT
THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS "PROPOSED MIAMI
CHARTER AMENDMENT NO. 1"; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner (Mayor) Ferre and seconded by Commissioner
Plummer and passed on its first reading by title 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.
ABSENT: None.
ABSTAINING: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Ongie: Mayor Ferre?
Mayor Ferre: Yes.
Mr. Ongie: Rev. Gibson?
Rev. Gibson: Mr. Mayor, members of the Commission, I'm going to vote yes
but with some reservations, I want to make sure everybody understands this.
I'm concerned as to whether or not we are going to find this money, cost gets
to be a factor to me. You ought to see this every day up here, that's number one.
Number two, I'm going to vote for it now with the understanding I'm not going
to vote for an emergency measure, On such an important change as this, there
ought to be more than ample time, to think, reason, pray, talk about it, okay?
Mr. Ongie; Mrs. Gordon?
Mrs, Gordon; I feel as Father does, that there is no emergency related to
this matter and I will vote to put it on the ballot, I vote yes. Again, I
77
JUL 27 1978
want the people and myself furbished with all of the cost factors acid other
related items that this kind of change would result in for the City of Miami.
Mr, Ongie: Mr. Plummer?
Mr. Plummer: I vote yes.
Mr. Ongie: Vice Mayor Reboso?
Mr, Reboso: Yes,
Mr. Ongie: That's first reading.
Mr. Knox: Mr. Mayor, I would indicate one more thing. The vote on the ques-
tion was 5 to 0. If it were you will, this matter may be considered at'toniorrow's
Commission Meeting for a second vote, and it would become effective within 30
days from tomorrow's date and the notice requirement would be that an additional
30 days would be tagged on to that.
Mayor Ferre: Mr. Chairman, if I may, may I address myself to this issue? I
said I wasn't going to speak but now I think I have to do a little speaking so
I apologize for the five minutes I'll take on this.
The matter obviously is passed and I assume if the vote goes the same
tomorrow it will pass again and therefore it will be before the electorate.
I have no problem with it being on the November issue, as a matter of fact, I
prefer it because it has a much better chance of passing in November than it
does in October and the reason why it is better in November -and I am going to
be very frank about this and very open- is that obviously the Latin community
is going to come out very strongly in the November election because there is
going to be a Latin candidate running for Congress. So therefore, since the
Latins in my opinion are -for the most part- going to be for this...that's in
first place. In second place, you are going to have a bigger turn out in the
Black community because I would assume that in the run-off election there are
no strong motivations other than the Governor's race and I think you are going
to have a larger Black turn out in November than in October. And in the so-called
Anglo Non -Latin White community -or whatever it's called- I think the same
thing hoids true. All right, now, I'd like to very quickly express five or
six opinions as to why this is important and why I think you ought to consider
this. In the first place, Congress runs on a bi-partisan...I mean, on a bi-
cameral -two-cameral- system. If the United States were only run by the United
States Senate, if laws were only made by the Senate, we would have a very dif-
ferent legislative process. There is no question that Dante Fascell repre-
sents a district which is very different from the district represented by Bill
Lehman or Congressman Sykes or Bennett or others in Florida, there are regional
differences and the Founding Fathers recognized that when they founded national
legislative bodies. Number two, the Governor of the State of Florida, I think
with great wisdom has recommended, and the Constitutional Revision Committee
accepted, that we go to single -member districts in the State Legislature. Why?,
for the very simple reason that again there is recognition that in such large
places like Dade County there is a big diversity between the opinions of the
people in Homestead from the people in North Miami Beach, from the people in
Hialeah, from the people in Coral Gables. Number three, we in the City of Miami
are trying to awaken the community in Metropolitan Dade County that it's time
for districts in the county, why?. Well, because this is a community now in
excess of a million six hundred thousand (1,600,000) people. Let me put it in
perspective, there are 17 states of the Union that are smaller than Dade County.
Can you imagine what would happen in Maine, or Nebraska or South Dakota, or
Wyoming, or New Mexico, if those states were run by a legislature of nine people
running at large that were only part-time? And that's exactly what we have in
Dade County, and if we really believe in the so-called Home Rule Charter, and
we have Home Rule in Dade County, those people ought to be full-time legislators
and they ought to represent districts because that's the only democratic way to
do it. Number four, I reject and Father, and Rose, and Manolo, and J.L., I ad-
dress this very particularly to the four of you, I reject totally any racist
implication on this break-up. here is no Cuban majority because that's why
these figures were so important. The Cuban voters here are under 40% in each
of those two districts;and here, they are almost non-existant in the upper
districts. So I say that this does not speak on a racist issue, on the other
side of the issue, to my Cuban friends, I would like to point out that this is
not an attempt to subvert their ascendancy politically in this community because
if it's valid that ,.in my answer to WQBA, if it's valid that you can be elected
78
JUL 271978
4
7
at large in the City of Anti and that the net time the two Corot ssioners to
be elected ate going to be Cuban, then ffiy friends, you can also be elected in
the Districts, because the sum of the total is the sum total Of the parts and
that is just simple, basic logic. And it's just that simple. Now, 1 think,
faith regards to site and to cost. With regards to size, Hialeah has seven
commissioners, Miami Beach has seven commissioners and they are smaller cities
than we are. The fact• that we go to nine will provide for us a committee frame
work, Plummer is right, we will be able to function as most legislative bodies
do and this one does not,. in committees. I think that that is an inherent ads
vantage in any legislative function. With regards to the fact that there would
be too many of us, I would like to point out that whenever Metro was born,
there was less than 250,000 people in the City of Miami. There are now 370,000
people. If you take 5 out of 250,000 and you multiply it again, it certainly
makes 9 out of 370, or very close thereto. Now, with regards again to the
physical inconvenience, where 5 can sit I don't think it will be too much trouble
for 9 to sit. With regards to the question of space, don't tell me that with
all the space that the City of Miami has all over this community, that depart-
ments can't be moved around and offices not created. With regards to cost,
don't tell me that in a budget of $120 million that an extra $100,000 for better
legislation..and more people involved in the process is not a step forward, and
the other point is that there is an awful lot of things to do. We are part-time
legislators, I don't think that any of us, and I say this with great respect
for the great dedication of all of us, Plummer and Rose Gordon, especially, who
spend so much time in their particular areas of interest, that there is not...
we are not enough to do the work of 370,000 people for a City that has a budget
of $120 million. This is a different time, times have changed, this is a dif-
ferent City, we are about trying to convince Metro to go to districting and I
think that it is absolutely essential that we say- if we accept it in Congress,
if we accept it in Tallahassee, and if we accept it in our own City of Miami,
why should Metro be the only one that would be left out? And I think, therefore,
that for all those reasons and many, many others that are too long to enumerate
that this makes an awful lot of sense and I think we ought to do this in such
a way that it will hopefully pass because if you put it on the ballot, I know
what Mr. Plummer said, that putting it on the ballot doesn't mean that you are
necessarily for it but I think that it is a responsible thing for an elected
official when he projects a constitutional change -and that's what we are
talking about- can you imagine a member of Congress voting for ERA to be put
on the ballot and saying- well, I'm not going to tell you how I feel about
ERA, I'm just going to let people vote on it. I think it's important as we
go along in this process, that each one of us whether we are for or against it
explain our reasons and act as what we are, responsible elected officials, and
give our opinions so that people will know how we feel about it. I have no
hesitation in saying that I think this is an important step forward for the
City of Miami, not for any particular section of this community, for the
City of Miami, for the citizens of Miami, and eventually hopefully for Metro-
politan Dade County, and I hope they will follow our example.
Rev. Gibson: Mr. Mayor, I want to respond because, you know, I was the guy
who raised the question about money. I went to a meeting last night, I was
in the best spirits, I'm not going to tell you where the meeting was, but
I got cussed up, okay? because I was....(INAUDIBLE BACKGROUND COMMENT)...I
know, look, I believe if you can't stand the heat in the kitchen...you know,
okay. And I have never ducked a fight in my whole life, not knowingly, but
I came away and I want to tell you, those people I was talking to last
night were Latins, I thought I'd tell you that much.
Mayor Ferre: Latin?
Rev. Gibson: Yes, man, on west Flagler, okay? Let me say the other thing.
I'm very concerned, and I'm talking about ...I'm not like Plummer always
getting on that money kick, but I'm concerned that we have spent the kind
of moneys we have spent in renovating this building and you know what they
are saying?, Note what the Manager said in treating it lightly, why don't
we just move on that west side, he said, you know. I said this because you
said about money and I don't want anybody to misunderstand this guy, and I'm
not the thrifty guy, no, you never heard me talk about conserving money before
but I just think we need to be very doggone positive, W. Manager, because it
was very, very noticeable to me when we were going about the beer a lot of us
were conveniently absent, and I'm the clergyman, and there was no absence on
the part of me. I said I don't want everybody to be a clergyman and I said
this also, and I want to say what the third thing is, I'm concerned again
JUL 271978
about:..you know, I heat this Administration telling us when those poot,
unable, disabled etdployees come heft) We don't have the muscle that some
of us have for some other things, we literally tell theta to go to hell,
and I'm through.
Mr. Plummer: Mr. Mayor, may I try at this point, maybe it's not clear in
just my mind, so that we do not have bloodshed at a later time, ask you as
the maker of this motion, I read in here that the four proposed at -district
new commissioners, if passed, would be termed A, B, C and D. It is not
stated at this time nor is it clear to me, it says that A and B will be
serving.for two years and C and D will'be serving for four years. NOV* since
a math has not been sliced up at this time and A applies to a certain portion,
B to a certain portion, C a certain portion, and D...I would hate to think, or
I would hate to be sitting here....
Mayor Ferre: Can I give you the answer, Plummer?
Mr. Plummer: All right, sir, if you have the answer then...
Mayor Ferre: All right, the answer is very simple. What you are reading is
from title...
Mr. Plummer: No, sir, I'm reading it from the guts.
Mayor Ierrc:
right, if you will look at...and if the drafter in the Law
Department, if you would help me with this, I think what it says is that for
the first turn out it would be two years in A and B and after that it would be
four years and four years.
All
Mr. Plummer: Well, I understand Mr. Mayor, but all parties who will be running
from, the individual districts will be expecting a four-year term.
Mayor Ferre: No, no.
Mr. Plummer: Oh, no, but...
Mayor Ferre: Oh no, OH NO!, there is no question, no, no, no, that isn't so,
it's two years, it's very obvious, very clear, it'll be advertised, and what
else?
Mr. Plummer:
C and D.
Mayor Ferre:
City of Miami
obviously, we
for two years
This time, Mr. Mayor, the districts have not been tagged A, B,
Mr. Plummer, again, that is something that will be done by the
Commission in the month of May of 1979, as...in other words,
will have to decide which ones of the four districts will be
on the first go -around and which ones will be for four years.
Mr. Plummer: Bring plenty of band -aides and plasma.
Mayor Ferre: Well, you know, obviously...Well, wait a minute, Manolo, because
we have a vote, could I call the vote because he has to take a long-distance
call. Is there any more discussion?
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
tomorrow.
What are you voting on this time?
It's the second time around.
We said we would do that tomorrow,
we did it for
Mayor Ferre: Do you want to do it tomorrow, George?
Mr. Knox: Yes, sir, the agenda has been prepared, the second reading is
scheduled for tomorrow and again, if it is adopted by the City Commission
tomorrow, it can be placed on the ballot for the October 5 election.
Mayor Ferre; Oh, okay, that's fine, then we'll take it up tomorrow.
o
JUL 271978
31. FIRST READING
ORDINANCE;
Amend General Emc. Retirement PLAN
Payback for LABORERS, WATCHMEN,
OR CUSTODIAL WORKERS
Mayor Ferre: Ok. Now we're on item 1{ 21, I guess is the next one, amending
certain subsections of Miami City General Employees Retirement Plan,Chapter 2.
Mr. Manager, do you want to tell us how much that's going to cost?
Mr. Grassie: This proposals Mr. Mayor and members of the City Commission will
have an annual cost of $147,000, and will have a potential accrued liability
for the City of $3,614,000.
Mrs. Gordon: There is some question about the unfunded liability. Do you have
any information that you relayed before when I met you?
Mr. Joffre: Alright, Mrs. Gordon. My name is Peter Joffre, member of the
Retirement Board Plan. First of all, I feel that this ordinance should not be
brought up to the Commission for the simple reason we're starting all over
again our troubles dividing the classes of people in our pension plan. So I
feel this does not cover everybody. It only covered people prior to 1955,
Laborers, Watchmen, and Custodians. There might be people in Public Works in
the Parks Department that might be tree trimmers or working in any other jobs
that might be excluded from joining the pension. Our Plan Board prior to nine
months ago, we usually review every case of buying time that, the only people
that were excluded were people from 1955-62 that ordinance was straightened out
and the ordinance passed and everybody was allowed to pay back. Nine months
ago, we got a new attorney in our Board Plan and he came up with the idea or
his ruling that the Board had no right to allow anybody to pay paybacks, that
the Board had no authority to pay it back. And, my feeling is that we do have
the right. We had set a precedent for many years to allow people to payback.
The only people that were excluded were the Laborers from 1955-62. There's
just one man's opinion that has changed this whole pension system around.
What it means also that if anybody joined in 1962 or 1963 and has been a year
being excluded he can buy that time back. So you're dealing with a very dangerous
point. Going back to the comment of figures,before me I have, I could pass to each
one of you Commissioners, are these figures but I think the figures are wrong.
The labor service - the amount for one year , $90,100 total $2,204,500, and
prior service is $1,400,300. Those two items makeup the $3,600,000. So I think
the Board has never seen a letter from the actuaries verifying the correct
figures. I think these figures are wrong.
Mrs. Gordon: Peter, correct me, it was of great concern to you at the time of
the Board meeting that this ordinance be placed before the Commissioners in order
that the affected parties as was stated in this ordinance receive the kind of
relief that they required in order to payback prior to 1955, are you now saying
so that I may understand that you don't want us to act on this ordinance?
Mr. Joffre: Well, my understanding,Commissioner Gordon,is that what we're doing
here, some of the people are left out. We had one man that left here working
for the City for 29-years with $330.00...
Mrs. Gordon: I know.
Mr. Joffre: Pretty shameful. The damage has been done. If we do it this way,
with an ordinance ,we're going to have people that might have joined in the pension
in 1964 came in 1962, they'll never have a chance to buy it back. They will
never have a chance to buy this time back.
Mrs. Gordon; Are you talking about people who were in that affected class that
you're relating to in here the Laborers?
Mr, Joffre: Yes, ma'am.
Mrs. Gordon: If they came into the employment in 1964?
Mr. Joffre; Or let's say 1963.
Mrs, Gordon; 1963.
81
JUL 271978
Mr, doffte: And they loused the pension in 19f4. When they got around to
joining the pension its 1964 there is tothitt protecting thetni they haVe
no tights,
sirs, Gordon: Well,,,
Mr, Joffre: It's one man, Mt. Klausnetshas ruled that the Board has no tight
to allow thepaybacks but the Board has seta precedent before this and allowed
people to payback when we felt that they were left out,
Mrs, Gordon: Mr. Knox, Georges will you please speak to this item because
this has raised a lot of conversation on the Board levels and a lot of it
has been directed at Mr. Klausner and the reason being that his opinion is
different than other opinions that have been given to the Board in prior
attorneys terms of service,so please speak to that.
Mr. Knox: Alright. It's my understanding Mrs. Gordon that what has happened
is that Mr. Klausner has rendered the opinion that unless there is some statutory
authority for allowing this payback that it should not be permitted. Now ,
granted we have historically allowed these paybacks to occur, but again there
was no statutory authority. There was nothing in the code which allowed these
paybacks and Mr. Klausner's impression,as he indicated to me, was that this is
merely a codification of the procedure that always been used regarding these
paybacks.
"rs. Cotd:•^: Ok. Peter, on the Board level did you vote against this?
Mr. Joftre: No, I voted for it.
Firs. Cordon: But since then and til now you've changed your mind?
Mr. Joffre: I haven't changed my mind. I'm just trying to clarify to the
Commission what's happening.
Nrs. Gordon: But...
Mr. Jo2rrc: But the point, now here's my other big argument. We are not
allowing a man that would have consecutive service, say for 20-years, 30-years,
buy time tv.ck in the pension any amount of time but yet a man can come, we
have an nroinance in our book that says, if you work over 5-years and you
terminate rt)e City employment and you come back within 3-years you can buy the
time back. Yet, a man has continuous service,did not join the plan,he can't
buy the cime back. Now we're dealing with employees that are affected mostly
by these employees that they're not that smart to know, most of them felt that
once they joined the City they were covered by pension. They found out later
on which is different. You had to join a pension to get credit for it, and
this is where by having this ordinance passed I mean, anybody with interrupted
service will have to have a new ordinance passed for him.Previous attorneys
have agreed that we can allow them to buy it back.
Mrs. Gordon: But you have heard Mr. Knox reiterate that he agrees that this is
a corrective ordinance and it has to be placed on the booksto permit any
further paybacks prior to 1962. Now, if we don't pass this nothing is going
to happen except that the same people who come to us for buy back prior to
1962 are going to receive a legal opinion that we cannot rule that we can give
the payback and they have had no relief. And, it's true that some people have
gone on retirement since we've been discussing all this matter, but that doesn't
help you know, some other people come back. They're going to come before us.
They're going to find the same legal opinion that we cannot grant the payback.
True,this doesn't cover every circumstance that could arise to cover every
person under whatever but this does cover a class that has been discriminated
against and we are trying, we did at the Board level try to develop this
ordinance at least to help that discriminated class. Now, you know, I'm
listening to you because you're a Board member representing that Board to this
Commission, you're a liaison member.
Mr. Joffre: Yes, ma'am.
Mrs. Gordon; And, you're not saying to this Commission what that $oard said
that day that they met, Now, you're speaking as an individual who has apparently
changed your mind on this ordinance,
JUL 2't 1978
Mt. Knox: EXcuse me* Peter, I can clarify one Mote thing to Mrs. Gordon.
from the language of the ordinance and information that I"ve received this
ordinance may not even be designed to address the question that Mr. Joffre
is taising.in the sense that this ordinance specifically talks about a
category of employees who were systematically denied an opportunity to join
the pension plan during this period of time because of a policy or practice
of discrimination based upon race and all this ordinance is designed to do
is to provide some legislative authority for that narrow category of employees
to buy back the time that they accrued during that period of time.
Mr. Joffre: Ok, through the chair I'd like to address Mr. Knox a question.
Mr. Plummer: George, is it really that it could b.e inter;retered that we are
encouraging this in the future?
Mrs. Gordon: Encouraging what, J. L.?
Mr-. Plummer: In other words, the question I asked is you know, that we're
providing the vehicle, aren't we encouraging a tremendous amount of outlay of
money in the future by doing this?
Mr. Knox: I don't think so Mr. Plummer, ...
Mr. Plummer: Ok.
Mr. Knox: ... because there are, I don't know what the numbers are but it would
seem to me that a very few or a very small percentage of the work force. Number
one, are victims of discrimination during this period of time. And, number two,
would elect to buy back. So we're talking about even smaller numbers because
this is the election of the employees.
Mr. Joffre: Mr. Knox, through the chair I'd like to ask Mr. Knox a question.
Mr. Knox, the ordinance that excluded the laborers ended in September 30, 1962.
Some of the laborers did not become members until 1963 for one reason or another,
are they allowed to buy back?
Mr. Knox: If they were on the work force between 1955 and 1962, if they were
on the work force number one and number two they were denied an opportunity to
join the pension then they would be allowed to buy back.
Mr. Joffre: In other words... Ok.
Mrs. Gordon: Between 1962 and the early part of 1963 when there was an
administrative arrangement that had to be made to accommodate the book -work and
bring all of those people in there was a somewhat delay if you recall, we passed
on a iew of those.
Mr. Joffre: Correct, yes, ma'am. But my problem is this what period that
delay , there's no breaking point and I'm worried that maybe some laborers
or other people of the affected class might took two years to join the pension.
Mrs. Gordon: Peter, I'm sure that with one ordinance we can't solve all the
problems that we have in that pension plan and I believe that there's going to
be other ordinances that are going to have to be drafted to address other problem
areas that we have, and you know that we have other problem areas, but this is
a particular problem area that hastaken a long time to get to this table but now
that it's here I'd hate like the devil to not act on it, do you agree?
Mr. Joffre: No, I'm for it. I'm for it.
Mrs: Gordon: Ok. Alright.
Mr. Joffre: Hut I want to let the Commission be aware of what's been happening.
How this got to become an ordinance,
Mrs. Gordon: Alright. Mr. Mayor, are you ready to move on this , it's 21, it
has to be read?
Mayor Ferre; Alright. There's a motion on item 21, is there a second?
there a second to item 21?
Rev, Gj.bson:
Mayor Ferre;
Please,
Second,
Seconded by Father Gibson,
Further discussion, Read the ordinance
83 JUL 2rl 1978
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC.)_,
Mayor Vette: Cali the toil? p1eAAe,
AN
ORDINANCE ENTITLED T.
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI
CITY GENERAL EMPLOYEES RETIREMENT PLANS (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, 19.55, 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 PAY BACK 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 PAY BACK 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.
Was introduced by Commissioner Gordon, and seconded by Commissioner (Rev.)
Gibson, 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
32. FIRST READING
ORDINANCE:
Amend Sections 54-
and 54-41 of THE C
Dileneate regulati
of BUS BENCHES/BUS
Commercial Adverti
36, 54-37, 54-30,
ITY CODE
on of placement
SHELTERS by
sing Companies
Mayor Ferre:
Mr. Grassie:
Mayor Ferre:
On item 22, is Clark Merrill here?
He was a minute ago Mayor, and I'm sure that we can get him.
Alright, Counselor, you want to speak on this?
Mr, Anderson: Thank you Mr. Mayor. Mr. Mayor, and honorable members of the
Commission, my name is Michael Anderson. I'm an attorney with the Law firm
of Dubbin, Schiff Berkman, & Dubbin, the Law Officeis. at 444 Brickell Avenue,
I represent Bus Benches Company, and this morning we met withthe staff to
see if we could work out some of the problems that we found with the ordinance.
Some of those, as I understand, you have the new or today's ordinance, it should
contain all of the commercial districts except for the C-3 and the WI. We have
two other additions that we would like to offer for your consideration. The
first of which relates to directional advertising, Directional advertising,
what we're talking about is a sign that says Parrot Jungle straight ahead
12 miles, Monkey Jungle straight ahead 28 miles, the Seaquarium that's left, or
84
JUL 2 1978
something of that natute..44 Right now that type of ditectional advertising
Would not be permitted itt sane of the Major arte.rials4 What to would suggest
is that We have a major arterial, that being four lanes ot: ratite, and where
there is no single family of dupleX tone adjacent to it that you perthit
directional advertising.
Mayor Ferre: Mr, Anderson?
Mr, Anderson: Yes.
Mayor Ferre: Let me ask you because I don't know what you're up here talking
about on this. Mr. Clark Merrill was askedvrepresenting the Adtninistration,to
talk to all of the members of the industry, didn't you talk this out thoroughly
with him?
Mr. Anderson: What happened was, as I understand, the other members did not
want to participate in any discussion and I was advised last Thursday that
there would be none, so at that time there was no discussion...
Mayor Ferre: Mr. Merrill, you were under strict instructions by this Commission
to go talk to everybody in the industry and talk to them about everything and
anything they wanted to talk about, now didn't you do that?
Mr. Merrill: I did.
Nayor Ferre: You did, ok.
Mr. Merrill: I did individually with each of the bidders, each of the people
that were involved in this process, including Mike. Mike did not understand
that this was going to come up at this Commission meeting and that might have
been my oversight but I told them that I was preparing information for the
Commission for this meeting so that, you know, we could discuss this ordinance.
Mayor Ferre: Well, Mike, what's your position on this now?
Mr. Anderson: Well, we accept the ordinance inasmuch as it's there on
first reading today, but we would like to suggest two changes to it at this time.
Mayor Ferre: Well, I'll tell you,I think the way to do that then is let's just
have first reading today and we can have second reading at the next meeting and
that gives you the opportunity to get whatever changes you might recommend ...
Mr. Anderson: Well, I think the staff is not going to recommend any. Although,
as I understand these changes might be referred or considered by the Planning
Department or the Commission.
Mayor Ferre: Well, how does the Administration stand on that point?
Mr. Grassie: The only question that I'm trying to clarify,Mr. Mayor,is the
question of the court order. You know that we have a court order in this case...
Mayor Ferre: A court order doesn't order us to have this as an emergency
reading. There is no reason why we can't read it in first reading today and
on September 14th second reading.
Mr. Grassie: Mr. Mayor, the court order does specify that the City is to go
out to bid within 90 days. The 90 days in fact have gone by. We are,
because of the consent of the complaining party,we have been allowed to extend
that period of time. Now...
Mayor Ferre: Where is the complaining party, is he here?
)jr, Grassie; If I can find out from Clark what time problems we have I'll tell
you.
Mayor Ferre; You got any problems with that?
Mr. Savage; Commission, the only thing I'ni concerned about
Mayor Ferre; Well, you got to tell us who you are, Are you the lawyer ?
JUL 17 1978
Mr. Savage; My tiaine is. ta>Iies Savage. Itth ownet of Rent'A ; B.ench4 the
cotnplainitig tatty, My concern is that the. 90 days have now elapsedk We
taatit another petiod of time stated that when if wette going to relinquish
this 90 day period of titneytahen is the next period of tithe going to be?
Mr, Plummer: Septetnber.14th.
Mr► Savage: September 14th, Also, we would like to be aware of any and
all meetings from this point with the City and all vendors for the bus
benches, I believe Mike has stated here that he had met with. Clark Merrill
in regards to this matter. Rent -A -Bench was not aware of any meeting and
did not attend any meeting and we would like to be a part of the next meeting.
UNIDENTIFIED SPEAKER: See, we wanted a meeting.
Mr. Plummer: You know, somewhere I've lost two things Mr. Crassie, one it
was my opinion or maybe what I thought that when we left here before that
Mr. Merrill was going to call a meeting at his office and invite all to sit
down at the same time and participate giving input. Second of all, it was my
understanding that this was going to come up in September. Now, somewhere
either I lost something or Mr. Merrill lost something, because we asked the
complaining party who was not yourself, there was someone else...
Mr. Savage: It was my brother.
Nr. Plummer: Your brother, who at that time had no objections to it being the
final readinc on September 14th.
Mr. Savage: We're not objecting to a final reading. We'd like to proceed
with this :Natter as quickly as possible...
Mr. Plummer: So would we.
Mr. Savage: ... our complaint is that we would like to proceed with full
knowledoc'. nk, of the matter. Now, wewon't to be included in all meetings that
are available with the City and we want to resolve anything. We're not
objecting tc any of the other factors being included in the ordinance. We were
told at t;.,;t meeting that all bids would be null and void and then returned, ok,
and ar this point they have not been. So, we don't know where we're
standing: :: 're standing on egg shells ourselves.
Mr. Plummer: Let me ask a question for the record, has your company been called
in to conGult and give your problems to Mr. Merrill?
Mr. Savage:
Mr. Merrill:
attorney.
Mr. Savage:
No, not informally nor verbal.
Well, we have been dealing with Mr. Fernandez, who is their
And, you have had a meeting with Mr. Fernandez?
Mr. Merrill: I have discussed it on the telephone with Mr. Fernandez.
Mr. Savage: Ok. You know, we don't want telephone conversations, we would
prefer to have a sit..down and go over the individual problem. We feel that this
is a problem that can be resolved and we're under a time schedule that's the
reason we brought the court order so it would not linger as it has been. We
would like to very definitely resolve this problem by September 14th meeting is
it? September 14th.
M. Merrill; Mr. Commissioner, what we were hoping to do is to resolve the
problems with the ordinance so that we could go into a bidding process under the
authority of an ordinance, and then receive the bids in September.
Mr, Plummer: I understand.
Mr. Merrill; That's all we're trying to accomplish and we're not trying to do
anything that would be in disagreement with the Rent, -A -Bench people,
jr, Savage; No, I'm not trying to fight at all, but here is what is happening,
my company,Rent-A-Bench has been excluded totally and completely from doing
business in municipalities/City of Miami. Also, ok, we have written an ordinance
86
and it has been passed and it w.as being bidded on, oki and in the process of
being complete. My competitor, Bus Benches Company and their attotney, has
ptovided with the City Commission to enlargethe area and now we'•te again
changing the ordinance... where everytitne we come before the City Commission
were changing something about the ordinance.
Mr, Plummer: But if that change is what 1 think you're referring to benefits
you as well as everybody.
Mt. Savage: Agreed. Ok.
Mr, Plummer: Ok.
Mr. Savage: My position here is let's
Mr. Plummer: I just don't want no hidden agendas.
Mr. Savage: ... ok. Let's
let's move on with it. You
constantly, ok. Now, we're
no objections to the change
forward?,that's my question.
make an ordinance that is complete and final and
know, you can change anything and everything
changing about the directional signs. We have
but when are the changes going to stop and move
Mayor Ferre: The answer is very simple. We will read it in first reading
today, on second reading on September 14th, and that's when it changes and
that's the final of it, is that acceptable to you?
Mr. Savage: Absolutely.
Mayor Ferre: Ok, then let's go. Who moves it?
Mr. Plummer: I'll move it.
Mayor Ferre: Rose, do you second it?
Mrs. Gordon: Yes.
Mayor Ferre: Seconded. Further discussion on first reading item #22. Read
the ordinance.
(CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Call 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.
Was introduced by Commissioner Plummer and seconded by Commissioner (Rev.)
Gibson and passed on its first reading by title 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.
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.
87
JUL 2 ( 1978
Oil ROLL CALL:
Mr, Plummer: Understanding that this is first reading, second reading,
and final reading will be On September 14th., I vote. yes.
Mayor Fetre: Yes, and Mike, this is it, no mote changes, You get your
changes and everybody agreeand you go back to the industry and talk to
all the people.,.
Mt, Anderson: We're going to make recommendation ...
Mayor Ferre: .,. I don't anybody calling the up and telling me that well, you
said that, you know, the Commission said but you're not going to pay attention
to what the Commission said , that you're not going to talk anybody you know...
Mr. Plummer: And, Mr. Mayor, also, Mr. Merrill, I want you to play fair with
tne,as a Commissioner.
Mr. Merrill: Yes, sir,
Mr. Plummer: I want a copy of all of the proposals which they make to you
whether you recommend it or you do not, ok?
Mr. herrili: Sure. I let the industry ...
t'lumneL: If they give you 37 things of input. I want 37 things of input
so I can see what they proposed.
Merrill.: Yes, sir, I'll be happy to do that.
Mr. Savabe: Thank you.
•
33. EMERGENCY
uRLINANCE:
•01.01;. 01,••u
Amend ORDINANCE 8731
Increase appropriations -expenses of
EIGHTH ANNUAL CHAMPION SPARK PLUG REGATTA
?.!,,yc'r F r'- : Item 3, which is an emergency ordinance amending section 1 and 5
of the appropriations,etc., Plummer moves. Reboso seconds. Manager recommends.
:ead the ordinance.
Mr. Plummer: For the edification and clarification of the record this is
nothing more than a paper transaction. This event of Champion Spark Plug
did not,once again,cost this City any money.
(CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF
ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1966, AS AMENDED,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1978; BY INCREASING THE APPROPRIATION
FOR THE ENTERPRISE FUNDS, MARINE STADIUM, IN THE AMOUNT OF
$34,882 FOR EXPENSES INCURRED BY THE EIGHTH ANNUAL CHAMPION
SPARK PLUG UNLIMITED REGATTA; INCREASING THE ENTERPRISE
FUND, OPERATING REVENUES, IN THE MARINE STADIUM, BY THE SAME
AMOUNT; 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 Cordon
Mayor Maurice A. Ferre
NOES: None,
88
JUL 271978
•
Whereupon the Cottnis.sion on motion of CoMMissioner Pith fer and seconded
by Commissioner (Rev.) Gibson, adopted said Ordinance by the following kite;
AYES: Commissioner Je L, Plummer, Jr,
Vice Mayor Manolo Reb.oso
Cotttmissioner (Rev,) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None,
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8834,
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.
Amend Ordinance 8731
34. EMERGENCY Establish Trust & Agency Fund
ORDINANCE:
SECOND DOLLAR POLICE TRAINING
Mayor Ferre:
Take up the next item which is 24.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Gibson seconds. Manager recommends. Further
discussion. Read the ordinance.
(CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Call the roll.
Ai' ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED; "POLICE SECOND DOLLAR TRAINING" FOR THE
POLICE DEPARTMENT; APPROPRIATING THERETO AN AMOUNT OF
$132,650; $82,440 TO BE APPROPRIATED FROM THE GENERAL FUND,
SPECIAL PROGRAMS AND ACCOUNTS, AS A REPAYMENT OF SECOND
DOLLAR MONIES INADVERTENTLY LAPSED INTO THE FISCAL YEAR
1976-77 GENERAL FUND, FUND BALANCE; $50,210 TO BE
APPROPRIATED FROM REVENUES ANTICIPATED IN FISCAL YEAR
1977-78 FROM DADE COUNTY PURSUANT TO FLORIDA STATUTES,
CHAPTER 943.25(5); AND MAKING APPROPRIATIONS THEREFROM FOR
THE PURPOSE OF PROVIDING LAW ENFORCEMENT TRAINING AND
EDUCATION; 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 MIayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Fevre
NOES: None,
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8835,
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.
89
J U L 2 71978
35* EMERGEf4CY
ORDINANCEI
Amend Ordinance 8731
Increase appropriation -
DEPARTMENT OF LEISURE. SERVICES
for funding of lifeguard positions
Mayor Ferre: Take up item 25, City Manager recommends. Reboso moves.
Plummer seconds. Further discussion. Read the ordinance.
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD).
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 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 APPROPRIA-
TION FOR THE GENERAL FUND, DEPARTMENT OF LEISURE SERVICES,
IN AN AMOUNT OF $46,000; DECREASING THE APPROPRIATION FOR
THE GENERAL FUND, SOLID WASTE DEPARTMENT, IN THE SAME
AMOUNT; FOR THE PURPOSE OF FUNDING TWENTY-FOUR (24) LIFE-
GUARD POSITIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Reboso and seconded by Commissioner Plummer
for adoption as an emergency measure and dispensing with the requirement of
reading same an two separate days, which was agreed to by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer,
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Jr.
Whereupon the Commission on motion of Vice Mayor Reboso and seconded by
Commissioner Plummer, adopted said Ordinance by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Nayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Ilk Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8836.
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. EMERGENCY
ORDINANCE:
Amend Ordinance 8731
Increase expense allowance for
CITY COMMISSION
Mayor Ferre: Take up item 26. Plummer moves. Gihs.on seconds.,, Manager
recommends. Further discussion. Read the ordinance. Call the roll.
(CITY ATTORNEY READ ORDINANCE INTO THE PUBLIC RECORD).
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 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 APPROPRIA-
TION FQR THE GENERAL FUND, BOARD OF COMMISSIONERS, IN AN
AMQUNT OF $1,800; DECREASING THE APPROPRIATION FOR THE
GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
'FUND, IN THE SAME AMOUNT; FOR THE PURPOSE OF INCREASING
EXPENSE ALLOWANCE FOR THE CITY COMMISSION; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
90
'JUL 271978
Was introduced by Commissioner Pluttmet acid seconded by Cottissiotter(Rev+)
Gibson for adoption as'an emergency measure and dispensing with the req retett
of reading sate on two separate days, which was agreed to by the follWi ig tote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
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: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8837.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the public.
37. MOTIONS OF
INTENT:
Participation by City of Miami in-
GREATER MIAMI FILM FESTIVAL+ INC.
Designate Vice Mayor Reboso as a
member on the Board of Directors
-14
Mayor Ferre: Now, Mr. Plummer, have you had time to read this request of the
Movie International Film Festival?
Mr. Plummer: Mr. Mayor, I read the entire packet which included much more than
that information. I find nothing therein contained that I have any problem with
that will not be safeguarded by Commissioner Reboso as a member of the Board
of Directors, the Chamber of Commerce and the auditing firm I think would give
us adequate protection and Mr. Mayor, I have no problem to go and wholeheartedly
endorse.
Mayor Ferre: Alright, Plummer moves. Reboso seconds. But now, J. L., I want
to make sure that my words were not misunderstood, I said, the Chamber of
Commerce or a like.
Mr. Plummer: Oh, yes.
Mayor Ferre: Now, for example, if United Fund wants to do it or somebody like
that. It would have to be somebody of
Mr. Plummer: A responsible Board.
Mayor Ferre: Yes, ok. Ok, further discussion. It's been moved and seconded.
Further discussion. Call the roll.
Mr. Ongie: Mr. Mayor, that's with all the points that we discussed this
morning, right?
Mayor Ferre: Well, they're all included in the motion, all the stuff that was,
you know, all the safeguards in item B, you have to get them out of the minutes.
If you want I'll repeat them. I know more...
Mr. Ongie; No, I've got them. I just wondered 'what we were moving.
Mayor Ferre: Yes.
91
'JUL 271978
The folldwi,;ig tofioh Was it ttdduced b.F Cotiintis.Sioriet P1umntef, who thded
its adoption;
MOTION No. 78=501
A MOTION TO APPROVE REQUEST OF THE GREATER MIAMI
INTERNATIONAL FILM FESTIVAL, INC, AS FOLLOWS:
1, WAIVER OF ALL FEES FOR THE USE OF GUSMAN HALL,
NOVEMBER 10. THROUGH NOVEMBER 19, 1978;
2, AUTHORIZE EXPENDITURE OF UP TO $20,000 TO EQUIP
GUSNIAN HALL WITH 35mm AND 16mm MOTION PICTURE
PROJECTION EQUIPMENT INCLUDING SOUND AND SCREEN;
3, SERVICES OF ADVERTISING AND PUBLICITY DEPARTMENT
UP TO THE AMOUNT OF $25,000 TO INCLUDE PUBLIC
RELATIONS, PRESS COVERAGE AND DEDICATED ADVERTISING.
PLUS AD TAG LINES;
4. SPONSORSHIP BY THE CITY OF MIAMI OF A FILM AWARD IN
THE AMOUNT OF $2,500;
5. AUTHORIZE CASH GRANT OF $25,000 TO BE DISBURSED AT
SUCH TINE AS THE FESTIVAL HAS ACHIEVED CONTRIBUTIONS
AND/OR COMMITMENTS TOTALLING $100,000 FROM PRIVATE
CITIZENS AND BUSINESS.
SUBJECT TO THE FOLLOWING CONDITIONS:
A. THAT A MEMBER OF THE MIAMI CITY COMMISSION BE ON THE
BOARD OF DIRECTORS OF THE GREATER MIAMI FILM FESTIVAL;
B. THAT SOME COMMUNITY ORGANIZATION, SUCH AS THE CHAMBER
OF COMMERCE, AGREE TO OVERSEE THE FISCAL OPERATION OF
THE FILM FESTIVAL;
C. THAT AN AUDITORS' CO'M.MITTEE BE ESTABLISHED TO BE COPP'RISED
OF, POSSIBLY, A VOLUNTEER MEMBER FROM EACH AUDITING FIRM
SERVING CITY OF MIAMI, CITY OF MIAMI BEACH, ETC.; AND
D. THAT THE ORGANIZERS OF THE GREATER MIAMI FILM FESTIVAL
OBTAIN A THIRD $25,000 GRANT CONTRIBUTION FROM A THIRD
GOVERNMENTAL AGENCY.
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
IliNOES: None.
Mayor Ferre: There a motion then, by Commissioner Plummer, seconded by Rose
Gordon that our representative on your Board, Mr. Kahn, be Vice Mayor xeooso.
Further discussion on that motion. Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 78-502
A MOTION DESIGNATING VICE MAYOR MANOLO REBOSO TO BE THE
OFFICIAL CITY OF MIAMI REPRESENTATIVE ON THE BOARD OF
DIRECTORS OF THE GREATER MIAMI FILM FESTIVAL, INC.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES; None.
ABSTAINING: Vice Mayor Manolo Reboso
ON ROLL CALL;
Mr, Plummer; That is, if its subject to the prior motion 1 vote yes,.
92
JUL 271978
38. AUTHORIZE CITY
MANAGER Tn ENTER
INTO AGREEMENT:
GREENLEAF.TELESCA PLANNERS
Comprehensive MARINA Development
Study
Mayor Ferre: Take up item #28, authorizing the Manager to enter into an
agreement with Greenleaf/Telesca, and so on so forth.
Mrs. Cordon:
y^u ev;+lain tI-is a little bit more, Mr. Grassie?
Mr. Grassie: Yes, Commissioner Gordon. Mr. Mayor, and members of the
City Commission, you remember that at the request of the City
Commission in approximately September of last year we had proposed to get
a firm such as Greenleaf/Telesca to do an analysis of all of the City with
particular reference to improving and expanding Marina locations. At that
time, we were asked by the consultants for Dade County that we wait until the
County study,then underway,be completed and they told us that that would be
done in November. Well, the study really took until now, but they have
finished so that we are now bringing this back to you and you've already
approved the money for it. It comes from C.D.
Mrs. Gordon: I'll move it , ok.
Mr. Plummer: The only question, are we premature Mr. Grassie in relation to
tomorrow evening and hopefully... I just see a correlation between the two
and is it fair to proceed with this before we have made a determination as to
what we're in fact going to do with the Marinas?
Mr. Grassie: Well, I think that regardless of what happens, you know, regardless
of what determination you take tomorrow, it seems to me that it is important
for the City's planning process that this sort of city-wide analysis take place.
Mr. Plummer: I see what you mean...
Mr. Grassie: Regardless, you know...
Mr. Plummer: ... this is a total picture, not just a segment.
Mr. Grassie: That is correct.
Mr. Plummer: Ok. I see.
Rev. Gibson: Well, I have some concerns. If you are going to be discussing
tomorrow whether or not you're going to let a contract then you're going to make a
studyand there are other people who are saying, well, you know, you ought to
have a trust. I just wonder.
Mrs. Gordon: Well.
Mr. Grassie: Well, let's assume either circumstance that can come out of
tomorrow Commissioner. If you should decide tomorrow that you want to go ahead with
the lease for these facilities it is still, it seems to me, important that the
City know what it wants to do with regard to Marinas City-wide, not just here.
If on the other hand tomorrow you decide that you want to go with the trusts
one of the principal things that was written into the trust proposal working
with the people who are making that trus.t proposal is the fact that they are going
to depend on the City's Planning Department for advice on the location of
Marinas throughout the City. So the important point is that the City and its
Planning staff have to know the answers to those questions. But that's what
you asked us to get back,you know, in the middle of last year.
Rev, Gibson: I hear what you say,sir. It seems to me Mr. Mayor, because we're
going to have to face this tomorrow. It seems to me that now we're going to
do a study and all this business. In the =nidst of all of it.we're going to let
a contract. We may or may not, but at least, let us say for all intents and
purposes you'll let a contract. It seems to me that what we've done is we
put the cart before the horse.
Mayor Ferre: Well, let me give you my opinion of this whole thing, I was
after the Manager two years ago, before you got hereewith Paul Andrews, to get
a study done on the Marinas,
93
JUL 271976
arse Gordon. He should hate had it done three years. aago
Mayor Fette: And, then when you got here. you said, well let'.s find out who
the best firm is and you went around and you said, the. people that know the
most about Marinas and so on and so forth, and you said, and studied all this
thing but there's no question that there wasn't anybody but Greenleaf/
Telesca, who had that kind of expertise, because I remember the conversation,
Now, then we were going ... I said, well, fine, bring it up and we'll bring
it to a vote and make your recommendations and we'll go through the process.
Then, you said, well, we better not do that because the County is coming up
with their study and we better wait for them. That was a year ago.
Mr. Grassie: Almost, yes.
Mayor Ferre: It's been a year ago, and I said, Joe, let me tell you what's
going to happen,you're going to wait for the County,and you're going to wait
for the County,and when it's all done and over you're going to have a study
which won't address the City of Miami's needs. It won't solve our problems.
It doesn't answer our questions, for goodness sake you're aren't talking about
..• it's not a very big contract, what is it $15,000?
Mr. Grassie: $15,000.
Mayor Ferre: As I recall, that was last year.
Grassie: Yes.
Mayor Ferre: And, here we are waiting ... and let's not put this off anymore.
It's a :mall contract.
Rev. Cibson: Mr. Mayor, that's not the point. I have no problem with the study.
You're going to let a contract, maybe tomorrow. My concern is, you know, well,
alright, go ahead.
Mrs. Gorden: Father, ok, I moved it.
Mayor Ferre: uey, listen, let me tell you something, those people whoever gets this
thingto^-:r :,the trust or otherwise,is goingto need that kind of professional
expertise and I think that they're going to have their own but I would feel
much morc �r.-fortable if the City has their's and I think that it fits hand in
61oyE.
Mrs. Gordon: Nothing wrong in getting this. I really believe it's overdue.
Mayor Ferre: Are you moving it, Rose?
Mrs. Gordon: Yes, I did.
Mayor Ferre: Alright.. Is that alright with you?
Rev. Gibson: I'm going to go along but, you know, I think that when you let the
contracts you must have had some indications by plans. Go ahead. Go ahead. I want
that in the record.
Mayor Ferre: Seconded by Plummer. Under discussion. Is there further discussion
on item 28? Manager recommends. Call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
MOTION NO. 78-503
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE ATTACHED AGREEMENT WITH GREENLEAF/
TELESCA PLANNERS, ENGINEERS 6 ARCHITECTS, INC.,
FOR A COMPREHENSIVE MARINA DEVELOPMENT STUDY, WITH
FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION
77-227 FROM 1976-77 COMMUNITY DEVELOPMENT FUNDS,
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk),
J U L 2 t 1978
Upon being seconded by Commissioner Plutninet, the tesolittion was peSsed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
Vice Mayor'Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None,
ON ROLL CALL:
Rev. Gibson: Just make sure my comments are noted..
Mr. Plummer: Let me interject a comment and Mr. Grassier you were not here
sir, so let me give you a little history. Please impress upon these people
that the same thing history doesn't repeat itself when we got a firm to do a
master plan of Dinner Key, beautiful master plan, theonly problem was it was
four times more than what we could afford and don't let these people come back
with the same snow job that they're going to propose a plan that's beautiful
and then we're going to be criticized for not implementing because it's four
times what we can afford so I caution you of that pitfall.
Mr. Grassie: Certainly. Those people sitting right there in the audience so
I'm sure that they're hearing what you're saying. I should say though that the
purpose is to identify locations and appropriateness of locations in the
City for new developments and I would not anticipate that they would be telling
us the extent of the expense that we should be making. They will get to that
level of detail.
Mr. Plummer: The old price tag we had $4,000,000 in a bond issue left over and
the proposal which came to us was $16,000,000 as I recall. It was a great plan of
Doxiadis downtown.
Mayor Ferre: Anything else?
.80
AUTHORIZE CITY
39. MANAGER TO ENTER
INTO AGREEMENT:
METROPOLITAN DADE COUNTY
for use by the City of
N.W. 20 ST. SOLID WASTE TRANSFER
FACILITY
Mayor Ferre: Alright, we're now on item # 29, authorizing the Manager to
execute an agreement with Metropolitan Dade for the use of .... Manager recommends.
Any discussion on that? Who wants to move that?
Mr. Plummer: That's at no cost to the City, Mr. Manager?
Mr. Grassie: No.
Mr. Plummer: No cost to the City, ok.
Mayor Ferre: Plummer moves. Reboso seconds. Further discussion.
Mr. Plummer: Wait a minute, whoa! Whoa!
Mr. Grassie: Let's get some clarification on this;Commissioner.
Mr. Plummer: What is the cost to the City seeing as we donated the property?
Mr, Grimm: The cost is that every ton of garbage and trash we dump in there we
pay for it.
Mr, Plummer: Are we getting reimbursed for the value of the property?
Mr, Grimm: No, sir, The Commission leased that to them for a $i,00 a year
for just this purpose,
Rev, Gibson: Why don't we give away to ,,, Give it away! Give it away!
95
JUL 271978
ik
Mt, Piu er: Right in the pocketbook.
Rev. Gibson; Give it away'
Mayor Ferre: Why ate we doing that?
Mrs Plummer:We've got no choice. We gave away out old and tore down thew
Rev, Gibson: Gave away the water system. Gave away the hospital, gave aWay,
and we gave away and now we're giving this away.
Mt. Plummer: Oh, no.
Mr. Grassier No, sir, you gave this away 5-years ago.,
Rev. Gibson: I know. I know. You know, we're just making the final, you know,
yes, siree, that's everything, just give it away.
(INAUDIBLE BACKGROUND COMMENT)
Rev. Gibson: Right! I don't know much. I know some things though.
Mr. Plummer: Well, we've got no choice, I move it Mr. Mayor.
Mayor Ferre: Ok, anything else?
Rev. Gibson. We've got to vote.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 78-504
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH METROPOLITAN D!'.DE
COUNTY FOR THE USE BY THE CITY OF THE CIUNTY'S
N.W. 20.TH STREET SOLID WASTE TRANSFER FACILITY
IN ORDER TO IMPROVE CITY WASTE DISPOSAL, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS SET
FORTH IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Vice Mayor Reboso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES; None.
Ina
MIMIC
WI 0-
IDEP
MMW
MEOW
Row
mmie
111
NEMIlUt
40. APPROVE STATION GROUP FOUR RAPID TRANSIT STATIONS
Mayor Ferre: Ok, we're now on item 1#30, which is approving the Station Group,
Four Station locations, and we've discussed these before. There are no changes
are there Mr. Manager, on item 30?
Mr. Grassie: No.
Mayor Ferre: Are there any changes on the stations other than what we've seen
before?
Mr. Grassie: No, sir.
Mayor Ferret This just formalizes.
Mr. Grassie: This simply formalizes what you decided informally at the last
meeting.
Rev. Gibson: Alright. Moved.
Mayor Ferre: Gibson moves, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer. Further discussion on item 30. Call the roll.
The following resolution was introduced by Commissioner (Rev.) Gibson, who
moved its adoption:
RESOLUTION NO. 78-505
A RESOLUTION APPROVING THE STATION GROUP FOUR
RAPID TRANSIT STATION LOCATIONS AS APPROVED
BY THE CITIZENS' COMMITTEE IN MILESTONE E
PUBLIC HEARINGS AND URGING THEIR ADOPTION BY
THE DADE COUNTY COMMISSION.
(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
NOES: None.
41. AUTHORIZE PUBLIC WORKS
DEPT. TO ISSUE PERMIT:
BELCHER OIL COMPANY
excavate submerged land
N.Side of FISHER ISLAND
Mayor Ferre; Take up item 31 on Belcher Oil Company. Now, why do we have to
do that?
Mr, Grimm: A technicality,Mr. Mayor, before they can achieve the permit from
any other agency, they have to have one from the City.
Mayor Ferre; Well, we may not want anymore of those oil things there.
Mr. Grimm; Well, you've got it there, This is a ,,
40. APPROVE STATION GROUP FOUR RAPID TRANSIT STATIONS
Mayor Ferre:
Four Station
are there Mr
Mr. Grassie:
Mayor Ferre:
before?•
Mr. Grassie:
Mayor Terre:
Mr. Grassie:
meeting.
Rev. Gibson:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Ok, we're now on item #30, which is approving the Station Group,
locations, and we've discussed these before. There are no changes
. Manager, on item 30?
No.
Are there any changes on the stations other than what we've seen
No, sir.
This just formalizes.
This simply formalizes what you decided informally at
the last
Alright. Moved.
Gibson moves, is there a second?
Second.
Seconded by Plummer. Further discussion on item 30. Call the
roll.
The following resolution was introduced by Commissioner (Rev.) Gibson, who
moved its adoption:
RESOLUTION NO. 78-505
A RESOLUTION APPROVING THE STATION GROUP FOUR
RAPID TRANSIT STATION LOCATIONS AS APPROVED
BY THE CITIZENS' COMMITTEE IN MILESTONE E
PUBLIC HEARINGS AND URGING THEIR ADOPTION BY
THE DADE COUNTY COMMISSION.
(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
NOES: None.
41. AUTHORIZE PUBLIC WORKS
DEPT. TO ISSUE PERMIT:
BELCHER OIL COMPANY
excavate submerged land
N.Side of FISHER ISLAND
Mayor Ferre; Take up item 31 on Belcher Oil Company. Now; why do we have to
do that?
Mr. Grimm: A technicality, Mr. Mayor, before they can achieve the permit
any other agency, they have to have one from the City.
Mayor Ferre; Well, we Troy not want anymore of those oil things there,
Mr, Gritum: We 1, you've got it there, This is a
9'7
from
J U L 2 71978
Ayof Ferret This, i. Mote, 'thi§ js pe Mit to e.xcayate submerged land
contiguous. to thenorth side of tither Is,latid1 what is it they're going to
do with that?
Mt, Gritntn: In your packet you'll see a little map, they already have that
there. What this is doing is increasing the depthof the already etisting
slip.
Mr. Mummer: You don't understand Mr. Gritnm, what he's saying is that
you don't let them do it it might not be there anymore..
Mr. Grimm: Well, that's a choice.
Major Ferre: I mean, I'm not saying that we're for or against it. I'm just
asking the question.
Mr. Grimm: If you look at the map,Mr. Mayor,what you'll see is that it's only
by circumstance that we're even involved. It's a little piece of land in the
corporate limits of the City but actually the slip is on Fisher Island, which
is, not in the corporate limits.
Mayor Ferre: Well, what's the will of the Commission?
Mr. Plummer: You got any objections Mr. Gras.sie?
Mr. Grassier No, sir. It does not adversely affect the City in anyway.
Mr. Plummer: I'll move it.
Mayor Ferre: Plummer moves. 31. Is there a second?
Mr. Rehoso: Second.
Mayor F2rrc: Seconded by Reb.oso. Further discussion. Call the roll.
Tile iuilowing resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-506
A RESOLUTION AUTHORIZING AND DIRECTING THE
DEPARTMENT OF PUBLIC WORKS OF THE CITY OF
MIAMI TO ISSUE A PERMIT TO THE BELCHER OIL
COMPANY TO EXCAVATE SUBMERGED LAND CONTIGUOUS
TO THE NORTH SIDE OF FISHER ISLAND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Vice Mayor Reboso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
98
JUL 271978
42. INCREASE SCOPE
OF CONTRACT:
ORLANDO MENDEZ, INC.
renovation of
DINNER KEY EXPOSITION HALL
Mayor Ferre: Item 32, authorizing an immediate increase in the scope of the
contract between City and Orlando Mendez. As I understand this is because
this represents the additional money that we're going to have, that we want
to use.
Mr. Grimm: No, don't say that,as you know, on the EDA grant you had to at the
very arm sets submit a budget...
Mayor Ferre: Yes.
Mr. Grimm: ... which placed money in various categories and that's in your
packet. Now, if any money that you don't somehow or another get into your
contract is lost and returned to Uncle Sam.
Mayor Ferret We don't want to return anything to Uncle Sam.
Mr. Grimm: We want to avoid that,and all of the items that you see in your
packet have already been gone over with EDA to make sure that we have their
blessing and approval before we came to you to increase the scope of this contract.
So...
Mrs. Gordon: What is it going to provide, the scope, it's going to pay what?
Mr. Grimm: Well, we're going to pay for those items which we didn't foresee
out of this increase in the scope of the contract.
Mayor Ferre: Tell me what they are.
Mr. Grimm: Well, there's extra lengths of piles.
Mayor Ferre: Extra, what?
Mr. Grimm: Extra length of piles.
Mrs. Gordon: Where?
Mr. Grimm: Foundations that we drove under the exterior portion of building
that was rebuilt.
Mrs. Gordon: Oh, it's already in place you're just looking for money to pay
for it?
Mr. Grimm: No. At the beginning we had a contingency allowance in the contract
for doing certain things that we wanted to do;buy chairs, that type of item.
Now, when the piles came along that we didn't anticipate...
Mayor Ferre: How much is that, Vince? Just give us the total and then we'll
see how important it is.
Mr. Grimm: It's. about $173,000 if I remember for the total of those items.
Mayor Ferre; Ok. Well, go ahead and tell us more.
Mr. Grimm: Then in addition to that there was still $21,000 floating around in
the grant which we're putting in there too so that we don't turn any back,
Mr. Plummer; That's for the neon sign explaining Rose Gordon Exhibition Hall,
Mrs. Gordon; Oh, come on, J. L., will you stop it?
Rev, Gibson; Alright,
Mayor Ferre; What else are we doing besides the piles?
99
JUL 271978
Mt. Gtithfit Let ate get My obi
Mayof Ferte: t beans ate. We iticteasing air conditioning or...
Mt. Grit t: Not sir.
Mayor Ferre: ... any banners.
Mt. Grimm: The increase in the cost of the piles Was $45,000,
Mayor Ferre: Yes,
Mr, Grimm: Fire Safety & Security Systems was $55,000 and $40,000 Worth of
Equipment,
ir. Plummer: New offices for the four Commissioners,
Mr. Grimm: And, the rest is change orders, yes,
Mayor Ferret Well, now let me ask you this, one of the pretty pictures
that was presented here by Ross and all those architects from Coconut Grove
there all these banners hanging, and you know, I voted on that. Now I understand
that these banners are not going to be in there.
Mr. Grimmn: fell, we haven't decided that yet, Mr. Mayor. We have a shopping
list of about $250,000 worth of items that are nice, that's one of them.
*Sayer Fcrrc: Well, I want you to come to this Commission and share your
Fhoppinr, list, because I voted, remember that thing went 3 to 2 and one of those
votct5 wont because of some very specific commitments as to what that place
is going to look like and if you're going to start changing what it's going
to look .like. I want to know about it.
Mr. Grimm: Well, I don't remember the banners being a part of that.
Mayor Ferre: I do.
(INACDILL L..0 GROUND COMMENT MADE OFF THE PUBLIC RECORD).
Mayor Ft- Part of the pictures. They were in the presentations very
specifically, said they had multi -colored banners and all this stuff.
Mr. Grimm: Well, they've changed that too they're not doing that anymore either.
Mayor Ferre: Well, I've got news for you then they better come back here and
get this Commission's permission to change that because that's what they
represented to us.
Mr. Grimm: Well, Mr. Mayor, we'll bring that back to you.
Mayor Ferre: Ok.
Mr. Grimm: Ok.
Mayor Ferre: And, by the way, I hope that a couple of those scrawny trees that
they got up there is not the end of it. I hope they're going to be planting
more trees out there.
Mr. Grimm: There are 383 trees going into that parking lot#Mr. Mayor.
;ayor Ferre; So in other words that isn't it, there's more to come?
Mr. Grimm: Yes, sir.
Mayor Ferre; Ok, Well, Plummer, are you satisfied now?
Mr, Plummer; Mr, Mayor, you got no choice,
Mayor Ferre; Plummer moves item 32, Reboso seconds, Further discussion,,,
Mr, Plummer; No, no,
100
JUL 271978
t
Mayor Ferret Reboso $ones, itefin 2. Gibson seconds., Further distUssion.
Ca11 the toil.
The follow ng resolution was introduced by Vice *Mayor-.Reboso, taho trotted
its adoption:
RESOLUTION NO. 78,507
A RESOLUTION AUTHORIZING AN IMMEDIATE INCREASE
IN THE SCOPE OF THE CONTRACT BETWEEN THE CITY AND
ORLANDO MENDEZ, INC. FOR THE RENOVATION OF DINNER
KEY EXPOSITION HALL IN THE AMOUNT OF $173,000;
AND FURTHER AUTHORIZING A FUTURE INCREASE IN THE
SCOPE OF THE CONTRACT IN THE AMOUNT OF $21,344,
IF REQUIRED; SAID FUNDS TO BE PROVIDED ENTIRELY
BY ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)
APPROVED ADJUSTMENTS WITHIN THE FEDERAL LOCAL
PUBLIC WORKS PROJECT GRANT FUNDS PROVIDED FOR THIS
PROJECT, AND NOT TO INVOLVE THE ENCUMBRANCE OR
EXPENDITURE OF ANY CITY OF MIAMI FUNDS..
Emma
(Here follows body of resolution, omitted hereand on
MIER
file in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.) Gibson, the resolution was
passed and adopted by the following vote:
AYES: nice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
*Commissioner J. L. Plummer, Jr.
*Mayor Maurice A. Ferre
NOES: Commissioner Rose Gordon
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Huh!
Mr. Ongie: Is that no?
Mr. Plummer: No. All kidding aside, we have no choice it's got to be done I
vote ves.
Mayor Ferre: Yes, because I'm not about to turning back to EDA $173,000.
Mr. Plummer: I hate to see the guy take back his pilings.
Mayor Ferre: Now on item 33. We're playing 33 are we, George?
Mr. Knox: Yes, sir, I wish to withdraw that until the September meeting.
Mayor Ferre: Withdrawn by the City Attorney.
•
AUTHORIZE CITY
43. MANAGER TO
ADVERTISE FOR BIDS
FOUNDATION 1VDRK
City of Miami/University of
Miami Conference Center
Mayor Ferre: Item 34, Manager to advertise, evaluate, and receive construction
contract for foundation work for the City of Miami and the University of Miami
Conference Center $200,000, that's the beginning is that it?
Mr. Grassie: That's correct Mr. Mayor, the reason for this is that you're not
going to meet in August.
Mayor Ferre: Ok,
_ Mr. Plummer; Weil, being a stickler, Mr. Manager is this going out for bids?
Mr, Grassie; Oh, yes, sir,
101
Mayor Fette: Yes,
Mr. P11itnner: Ok,
Mayor Ferre: Alright, Plitt -ter ttoves, Gihsbti seconds, Futthet discussion,
Call the roll,
The following resolution was introduced by Commissioner Mutter, who
taotied its adoption:
RESOLUTION NO. 78-508
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ADVERTISE, EVALUATE, RECEIVE BIDS AND AWARD A
CONSTRUCTION CONTRACT FOR FOUNDATION WORK FOR
THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER PROJECT DURING MONTH
OF AUGUST 1978, DURING COMMISSION RECESS; WITH
FUNDS THEREFOR NOT EXCEEDING $200,000
TO BE EXPENDED FROM THE CITY OF MIAMI CAPITAL
IMPROVEMENT PROGRAM; SAID CONTRACT TO BE SIGNED
UPON RATIFICATION THEREOF BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.) Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
•
44. ACCEPT BID: 5,192 PLASTIC SEAT AND SACK
Reolacement Kits
Mayor Ferre: On item 35,Plummer moves.
Further discussion. Call the roll.
Gibson seconds. Manager recommends.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 78-509
A RESOLUTION ACCEPTING THE BID OF AMERICAN SEATING
COMPANY FOR FURNISHING FIVE THOUSAND ONE HUNDRED
NINETY TWO (5,192) SEAT AND BACK REPLACEMENT KITS
WITH ALL NECESSARY HARDWARE TO INSTALL IN EXISTING
CHAIR STANDARDS AT THE MIAMI BASEBALL STADIUM AND
MIAMI MARINE STADIUM; AND FOR FURNISHING AND
INSTALLING TWO HUNDRED SIXTY (260) COMPLETE STADIUM
CHAIRS AT THE MIAMI BASEBALL STADIUM; AND AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO
ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT, WITH FUNDS
THEREFOR ALLOCATED FROM DEPARTMENTALLY BUDGETED FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed
and adopted by the following vote:
AYES, Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
• Commissioner Rose Gordon
Commissioner .1, L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES; None.
102
JUL 271978
45. ACCEPT BID: CLEANING OF CITY STADIUMS
- 'tl
Mayor Ferre: Reboso moves 36. Plummer seconds. Further discussion.
Manager recommends. Call the roll.
The following resolution was introduced by Vice Mayor Reboso, who
moved its adoption:
RESOLUTION NO. 78-510
A RESOLUTION ACCEPTING THE BID RECEIVED FROM
PROPERTY MANAGEMENT AND MAINTENANCE, INC. FOR
CLEANING THE ORANGE BOWL STADIUM, MIAMI MARINE
STADIUM, AND MIAMI BASEBALL STADIUM AFTER EVENTS
HELD AT THESE FACILITIES, AT COST TO BE DETERMINED
ON THE SIZE OF CROWD; AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH
SAID FIRM, WITH FUNDS THEREFOR ALLOCATED FROM
DEPARTMENTALLY BUDGETED FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
46. ACCEPT BID: M.M.P.D. COMPUTER ROOM AIR
CONDITIONING
ti.
Mayor Ferre:
policemen ?
Mr. Plummer: No, keep them cool.
Plummer,you got problems
with more air conditioning for the
Mayor Ferre: Alright, Plummer moves.
Rev. Gibson: Second.
Mayor Ferre: Gibson seconds. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-511
A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE
OF M.M.P.D.- COMPUTER ROOM AIR CONDITIONING- 1978
IN THE AMOUNT OF $25,140.00 FROM OTEC INTERNATIONAL,
INC. FOR THE PURCHASE OF THREE AIR CONDITIONING UNITS
FOR INSTALLATION BY OTHERS IN THE COMPUTER ROOM OF
THE MIAMI MODERN POLICE DEPARTMENT, AND AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER THEREFOR,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
1.03
JUL 271978
Upon being seconded by Cottttnis.siottet (ReV.) Gibsont the tesotutioiii was
passed and adopted by the. following Vote;
AYES:
NOES: __.None
Cottttnissiottet Rose Gordon
Cottttnissionet J. L. Plutttmer, irk
Vice Mayor Manolo Reboso
Cotnttlissiotier (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
47. ACCEPT BID: ALLAPATTAH N.W. 23rd Street
Community Development Paving Protect
Phase I
Naor Ferre: Gibson moves 38, Gordon seconds. Further discussion. Call the
roll.
Tfa following resolution was introduced by Commissioner (Rev.) Gibson,
who moved its adoption:
RESOLUTION NO. 78-512
A RESOLUTION ACCEPTING THE BID OF P.N.M.
CORPORATION IN THE PROPOSED AMOUNT OF $294,996.79
FOR THE ALLAPATTAH N.W. 23RD STREET COMMUNITY
DEVELOPMENT PAVING PROJECT - PHASE I (2ND
BIDDING); ALLOCATING SAID AMOUNT FROM THE 3RD
YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND IN THE AMOUNT OF $294,996.79 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $32,449.21 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$5,899.00 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES• None.
y
48. ACCEPT BID: ARTICULATING BOOM FIRE APPARATUS
Fire Department
Mayor Ferre: Plummer, you want to move that articulating boom?
Mr. Plummer: Yes, sir.
Rev. Gibson: Second.
Mayor Ferre; Seconded by Gibson. Further discussion, Call the roll.
That's the only bid that we got you know?
Mr, Plummer; No, sir, that's not true but you're next to true. There were three
• bids but two of them were thrown out as being not in compliance with the specs.
1.04
J U L 2 71978
i
Mayor Fefte: Call the t011
The follot. ifig resolution Uae introduced by Commiesionet Plummer, who
moved its adoption:
RESOLUTION NO. 78-513
A RESOLUTION ACCEPTING THE BID OF AMERICAN LA
FRANCE FOR FURNISHING ONE 851 ARTICULATING BOOM
FIRE APPARATUS FOR THE DEPARTMENT OF FIRE; AT A
TOTAL COST OF $198,252.00; ALLOCATING FUNDS FROM
FIRE FIGHTING, FIRE PREVENTION, AND RESCUE
FACILITIES BOND FUND; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.) Gibson, the resolution was
passed and adopted b.y 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.
49. ACCEPT BID:- MODEL CITIES COMMUNITY DEVELOPMENT
STREET IMPROVEMENTS bid -A- Highway
Mayor Ferre: Reboso moves 40.
Rev. Gibson: Second.
Mayor Ferre: Gibson seconds. Further discussion. Call the roll.
The following resolution was introduced by Vice Mayor Reboso, who moved
its adoption:
RESOLUTION NO. 78-514
A RESOLUTION ACCEPTING THE BID OF GARCIA ALLEN
CONSTRUCTION CO., INC. IN THE PROPOSED AMOUNT
OF $547,774 FOR THE MODEL CITIES COMMUNITY
DEVELOPMENT STREET IMPROVEMENTS - PHASE V (2ND
BIDDING), BID "A" (HIGHWAY); ALLOCATING THE
AMOUNT OF $383,755 FROM THE ACCOUNT ENTITLED
"3RD AND 4TH YEAR FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUND" AND USING $164,019 ALLOCATED
FROM THE "HIGHWAY G.O. BOND FUND" TO COVER THE
CONTRACT COST; ALLOCATING FROM THE "3RD AND 4TH
YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND" THE AMOUNT OF $60,255 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM THE "3RD AND 4TH
YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND" THE AMOUNT OF $10,955 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES
AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk),
Upon being seconded by Commissioner(Rev.) Gibson, the resolution was
passed and adopted by the following vote:
105
JUL 271978
Alt8i
NOES: None.
Vice,Mayor Manolo Rebos.p
Commissioner (Rey.) Theodore R. Gibson
Commissioner Rose. Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ITIES
50, ACCEPT BID: MODEL DE
STREETCIMPROVEMENTSITY bid-BVEPMENT Drrainage
:f..,..{ .�z
Mayor Ferre: Gibson moves 41. Plummer seconds. Call the roll.
The following resolution was introduced by Commissioner (Rev.) Gibson,
who moved its adoption:
RESOLUTION NO. 78-515
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS
COMPANY IN THE PROPOSED AMOUNT OF $300,867.00
FOR MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS - PHASE V (2ND BIDDING) BID "B"
(DRAINAGE); ALLOCATING SAID AMOUNT FROM THE 3RD
& 4TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT FUND IN THE AMOUNT OF $300,867.00 TO COVER
THE CONTRACT COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $33,095.00 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$6,017.00 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner 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
NOES: None.
MODEL CITIES COMMUNITY DEVELOPMENT
51. ACCEPT BID: STREET IMPROVEMENTS bid -C- Landscacing
Mayor Ferre: Gordon moves 42. Gibson seconds. Further discussion. Call the
roll.
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 78-516
A RESOLUTION ACCEPTING THE BID OF TAMIAMI CONSULTANTS,
INC, dba/TAMIAMI PLANT SYSTEMS, INC, IN THE PROPOSED
AMOUNT OF $41,790.00 FOR THE MODEL CITIES COMMUNITY
DEVELOPMENT STREET IMPROVEMENTS - PHASE V (2ND BIDDING),
BID "C" (LANDSCAPING); ALLOCATING SAID AMOUNT FROM THE
3RD & 4TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND IN THE AMOUNT OF $41,790.00 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,596.00
106 JUL 271978
TO COVER THE COST OF PROJECT EXPENSES,, ALLOCATING
FROM SAID FUND THE AMOUNT OF $835.00 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES
AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution) omitted here and
on file in the Office of the City Clerk),
Upon being seconded by Commissioner (Rev.) Gibson, the resolution Sias
passed 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.
52. ACCEPT BID: WYNWOOD N.E. 2nd AVENUE COMMUNITY
DEVELOPMENT BEAUTIFICATION
•
Mayor Ferre:
the roll.
Gordon moves. 46. Plummer seconds., Further discussion.
Call
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 78-517
A RESOLUTION ACCEPTING THE BID OF TAMIAMI
CONSULTANTS, INC., DBA/TAMIAMI PLANT SYSTEMS,
INC., IN THE PROPOSED AMOUNT OF $24,578.30 FOR
THE WYNWOOD N. E. 2 AVENUE COMMUNITY DEVELOPMENT
BEAUTIFICATION (2ND BIDDING); ALLOCATING SAID
AMOUNT FROM THE 3RD YEAR FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF
$24,578.30 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $2,703.70 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $491.00 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution 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.
107
EINEM
mow
M
JUL 2 71978
53. APPOINTMENTS TO THE COMMITTEE ON THE
STATUS OF WOMEN
Mayor Ferre: Mrs. Gordon moves 46.1.
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion. Call the roll. You have
the names of the three, is it three or four, Rose that you're recommending
for that Status of Women?
(INAUDIBLE BACKGROUND RESPONSE)
Mayor Ferre: Well, ok, I want to make a comment on that after we vote. Alright,
call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-518
A RESOLUTION APPOINTING MARIAN T.M. DEAN,
PATRICIA EVERETT, ERICA MEYER AND COLLEEN
RYAN TO THE CITY OF MIAMI COMMISSION ON THE
STATUS OF WOMEN.
(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 Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Rose, I think it's important for the health of that, that it have,
that that Status of Women have more blacks and more latins, there are very few
Mrs. Gordon: I didn't pick these names Maurice, and I don't know...
Mayor Ferre: Do they pick them themselves or what?
(INAUDIBLE BACKGROUND RESPONSE ).
Mayor Ferre: Well, I assume that they agree with these people that are being
(INAUDIBLE BACKGROUND RESPONSE)
Mayor Ferre: Well, I think you know, that we ought to tell them that they ought
to pick some more...
Mrs, Gordon: I think that would be established if we send a memorandum on that hasis.
Mayor Ferre; I think it's something that we ought to tell them when we see them.
Mrs. Gordon: Particularly, I don't even know the women they put on.
Mr, Grassie; I wonder Mr. Mayor, whether you would like to achieve that purpose
what we can do is simply re -structure that so that the recommendations come from
the City Commission and you can make sure that that kind of balance is achieved.
Mayor Ferre: No, it seems to me that that's something you ought to just talk to
them about I don't think we ought to make a big to-do about it but I certainly
would talk to them about it at this point.
108
JUL 2 71978
54. CONFIRMING
RESOLUTIONe
BEER IN THE ORANGE BOWL STADIUM
Offer to be Presented to Present
Concessionaire.
Mr. Knox: Mr. Mayor, you do need to formalize the action taken this morning
with respect to the beer in the Orange Bowl.. we prepared a resolution.
Mayor Ferre: Well, the only thing about the beer in the Orange Bowl tbat
I want to point out is that it doesn't have a provision that it's of no cost
to the City of Miami.
Mr. itnox: Yes, sir, we have done one since that time which includes that
provision.
Mayor Ferre: Alright, that's the new one, I beg your pardon. Alright, would
you then read it? Who moved it this morning? Plummer moved it and it was
seconded by Gibson. Yes, it was. Alright, Plummer moves, Gibson seconds,
read the resolution to make sure...
Mr. P1u Pr! Mayor, with the full understanding that the Manager must be as
comfortable with this company as I was.
Mayor Fevre: That's part of the motion.
Mr. Plummer: Ok.
Mayor Ferre: Read the resolution, to make sure we all agree.
(THE CITY I:TTORNEY READ THE RESOLUTION INTO THE RECORD)
Mr. Knox: And within the body of the Resolution, the following conditions
are attache6: that despensing of the beer shall be installed at no cost
to the Ci`v: that the operation consists of a system which is capable of
dispensinb a minimum of 100,000 servings at any one football game, that
the price sia11 be at a level comparable, to prices charged in other cities
stadia and that the City receive no less than 45% of the gross receipts
from the beer concession.
Mayor Ferre: Alright.
Mr. Plummer: Wait a minute, Maurice, Joe, I, questioned with the company of the
45%. They said and understood that all contracts are percentage less applicable
taxes. Is that your understanding? Is that a normal procedure?
Mr. Grassie: Normally the City's percentage is a percentage of gross and
it is not...
Mr. Plummer: The taxes are already taken out?
Mr. Grassie: No, sir. Taxes, you know, form one of the operating expenses
of the concessioniare and would not come out before gross.
Mr. Plummer: Well, ok, you can discuss that with them now because they spoke
of the 4% sales tax, of course, they are not going to pay that and pay it to
the City too. so you discuss that item with them because the original draft
of the letter said less applicable taxes, Ok?
Mr. Grassie: Oh, it did?
Mr. Plummer: Now, if that in fact drops it down to 41Z, that's the kind of
thing you have got to iron out with them. They said on all of their bidding
had been less..that phraseology 'less applicable taxes'.
Mayor Ferre: Alright, any further discussion ?
Mr. Plummer: Mr. Mayor, only a young man brought to my attention that when
that letter was placed in my hands it became a public document and as such
the name Faust be, exposed and, for the record, it is the firm called ".Terry'$
Catering"and for the edification of the Commission this is the catering firm
that does %►ost of the major airlines, including Air Canada, Air Jamaica,
National Airlines, Eastern Airlines, plus they are the concessionaireses,
109 J U L 2 71978
t
Mayor Verret Yes, a tell=knot.rtt, highly reputable firth,
Mr, nutter: ... in Tatnpa, Daytona, Melbourne, Fort Myers acid Tallahassee,
Mayor Ferret Ok, further discussion, call the roll,
The following resolution was introduced by Con nissioner Pluintrier, who toyed
its adoption:
RESOLUTION NO. 78-519
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT IN WRITING TO THE PRESENT ORANGE BOWL
STADIUM FOOD AND BEVERAGE CONCESSIONAIRE, FOR
THE OPERATION OF THE BEER CONCESSION AT THE
ORANGE BOWL STADIUM, PROPOSED TERMS WHICH HAVE
HERETOFORE BEEN RECEIVED BY THE CITY FROM
INTERESTED PARTIES, SUBJECT TO CERTAIN CONDITIONS,
SAID SUBMISSION AFFORDING THE PRESENT CONCESSIONAIRE
AN OPPORTUNITY TO ACCEPT THE OPERATION OF THE
BEER CONCESSION ON THE PROPOSED TERMS AND TO
INDICATE ITS ACCEPTANCE IN WRITING ON OR BEFORE
AUGUST 11, 1978; FURTHER INSTRUCTING THE CITY
MANAGER, IN THE EVENT OF THE NON -ACCEPTANCE BY
THE AFORESAID CONCESSIONAIRE, TO ADVERTISE TO THE
PUBLIC AT LARGE FOR PROPOSALS TO OPERATE THE
AFORESAID STADIUM BEER CONCESSION, WITH A DEADLINE
THEREON FOR THE RECEIPT OF BIDS AND PROPOSALS
OF AUGUST 25, 1978; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EVALUATE SAID BIDS AND PROPOSALS
AND AWARD THE CONTRACT TO THAT BIDDER WHOSE
PROPOSAL AND BID CONTAINS TERMS MOST ADVANTAGEOUS
TO THE CITY, WITH THE FINAL EXECUTION OF THE
WRITTEN CONTRACT SUBJECT TO THE APPROVAL OF THE
CITY COMMISSION.
(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: Mr. Plummer, Rev. Gibson, Vice -Mayor Reboso and Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: None.
110
JUL 2 71978
•
4.t4 .
146,.•••..
55. DISCUSSION ITEM:
Statement made by R. Krause
and subsequent article carried
in TIME Magazine.
Mayor Ferre: Now, before we leave ladies and gentlemen there are two things
that I want to point out on the record today. One is I want to point out the
irony, you know, sometimes these editorial writers write so fast they accuse
us of shooting from the hips, they write so fast that they don't sometimes
think what they're writing. I want to tell you, I want to read to you the
last sentence and I want to analyze to you what this editorial says in the
Miami Newl page 10-A,in this afternoon's paper. It says,"time to draft
waterfront plan." It concludes, "without that the waterfront's future will
rest in the hands of chance and politics neither of which serve taxpayers very
well." The point that I think I want to make is that there really is a very
strong belief in some newspaper editorial rooms around the country, certainly
in'Miami,that there's something wrong with politics, that there is something
wrong with the elected officials of the world and of the country, and I would
like to know from them, you know, what they would propose in place of elected
officials. Now, I know that they don't know how to answer that and they don't
want to answer it directly and what they end up answering is authority. They
want Chamber of Commerce authorities that are selected by those that know better
than the people what to do and you know, I think it's just a sad commentary in
the kind of problems that we have. The second thing I want to mention is a
very unfortunate story,Mr. Grassie, I'm very sorry to have to do this but I
think it needs to be done on the record. Mr. Krause, made the following
statements as quoted in Time Magazine which is read by 50,000,000 people and
I've been called from several parts of the United States to ask me why don't I
answer such an accusation in the words of Mr. Krause - "there is a
tradition of corruption in Miami so people expect to find it." Now, I would
like to know if Mr. Krause would like to come up before this Commission to
document and tell us what the tradition of corruption is that he's referring
to, and I would like for him to document it before this Commission. And, if
he doesn't want to do that I will be very happy to accept his public
apology.
Mrs. Gordon: What is that statement again?
Mr. Grassie: We'll make sure that he gets a written communication to you
explaining...
Mayor Ferre: I have a written communication from Mr. Krause, which does not
in anyway explain, it's a long... I had to read three times to begin to understand
it. "There is a tradition of corruption in Miami so people expect to find it."
Now, either I want him to document it before this Commission as to what tradition
of corruption he's talking about. I don't know when the last time a member of
this Commission was indicted, I don't remember. Now, I don't know what he's
talking about. Is he talking about.... ? It's a very, very, very bad story
that came out of Time Magazine and I want you to know that people, this affects
us in Washington. It affects us in the banking community and it's a terrible
story and it happens to be untrue. Now, on the record, one more thing about that,
let me tell you how this comes about and I'm going to put it on the record, this
is typical of the hatchet jobs that the Miami Herald does and they cut their
nose and end up spiting their face,Now,as a result of that article and because
of the Herald stories that they've done on C.E.T.A., and I'm not arguing with
their right and their obligation to go after any program that is unfortunate
and bad,but the fact is that Time Magazine unbelievably quoted the Miami Herald
without verifying, paraphrased Andy Rosenblatt's stories in the Miami
Herald, rewrote it in the most negative form,.,, if you read that story there's
no mention of Metropolitan Dade County, there's. no mention of the consortium,
it's not clear,and as I wrote Time Magazine they probably won't publish the
letter, as of this budget in Title IV monies we're only getting less than
8%,City of Miami,and yet to read that story there's rampant corruption around
here, it's all the City of Miami, and we get tied with the whole thing and that's
nationwide. Now let me tell you the consequencies of it. The consequencies of
it is that in the new C.E.T,A. proposals that the • President, it's coming out of
White House, they want to go in the direction of using private sector for funding,
do you know what happened?,Miami which includes Metropolitan Dade County, Herald
editorial writers, got cut out, we were in there at the beginning and who got the
money? You know who got the money, Broward County, Why? ?because of the Hera1d's
111
JUL 271978
stories., Now, again, l'tl not itt anyway quibbling with. the Herald' a tight
AO expose anything that's tatf)ng, the 5th. colutn has, that teaponsibi,iity
they do act as the.conscience of the community, I have no objections but
when they do it with a hatchet approach. in trying to get the City of Mimi
and if you read the pattern of the way thosestories ate written, This
began as a Metropolitan scandal in C,B.T.A..and ends up being a City of
Miami scandal. Now. you tell me how in the world that'spossible. tut
that's where we've ended.
Mr. Plummer: Mr. Mayor, speaking for one, I have not seen that article.
I have not heard about the article, of course, I've been gone for 10. days,
But I do feel that that cannot be left without explanation; and I think it's
important enough that it not be done by letter but that Mr.. Krause be
invited to come here tomorrow and to explain whether he was quoted out of
context or what, I think that that kind of a statement attributed to him, not
really to him but to us, us in South Florida,demands an explanation if there
is one.
Mayor Ferre: How does the Bible put it? When you sow the seeds and you bear
fruit and you have to live with the fruits?,well, ok, Miami Herald you live with.
the fruits of what you've done now. Because it doesn't affect the City of Miami,
it affects the reputation of this whole community and we.'re living by the affects
of that.
Mr. Plummer: For clarification, Mr. Manager, so it'll be on the record, it•was
the instruction of this Commission at the last meeting, in reference to the Bus
Drivers picnic on Saturday that the Showmobile be given to them free of charge.
There seems to be some lack of communication between the Admini tration or that
directive of the Commission and the Parks Department about the tee being waived.
Would you please, because it is Saturday, make sure that that's taken care of?
Mr. Grassie: Ok.
Mr. Plummer: Thank you.
Mayor Ferre: J. L., excuse me, but you know, on the record while the record is
still on because I don't want to be misunderstood when the people down at the
Herald find out or here as they do about my comments. I want to repeat again, I
haveabsolutely no qualms., I'm not defending any of the C.E.T.A. programs that
may have done wrong, they'.ve done a great public service by exposing them. My
only point is the way it's been exposed and the end consequence of 50.,000,000 people.
I don't care about the Herald because that's only read by 300,080 people of
which most people don't read all the articles anyway. But when you get a major
national magazine, there're been scandals in Washington where Sterling Tucker
has five members of his family on the payroll, front page scandals all over...
the Washington Post gives them minor coverage, scandals in Atlanta that pole
what's happened in Miami, but who gets the national publicity, don't
you know it?
Mr. Plummer: That's where the discrepancy is coming from.
Mr. Grassie: Who is telling you we did not?
Mr. Plummer: Mr. Homan?
(INAUDIBLE BACKGROUND COMMENT).
Mr. Plummer: It was my understanding and my intent, because I was the maker of
the motion, that it be given free of charge,
Mayor Ferre; Yes, but that doesn't mean that we waive. insurance or the police
or all that kind of stuff does it?
Mr. Plummer: No, no, this is just for the use of the Showmobile., Maurice, not
for the events,
Mayor Ferre; I understood that to be the fact too, Mr. Grassie,
Mrs, Gordon; As a particular item we questioned what the put -Up and takedown
charge of $85,00 per titan, if you remember that ,,,
Mr, Plummer; That is correct and that was waived,
112
Mrs. Gotdont l law it VAS. wMivede Weil, ift these a kueatioh al►out that/
Mt. Plummer: Well, that'll why 1 want to resoiVe it right tip.;.
Mrs. Gordon: Well, then what do you want to do?
Mr. Plummer: Do you need something additional Mr. Grassie?
Mr. Grassier No, we, I guess, the interpretation must have.been that you
were doing what you normally do, which is to waive fees, bitt not direct Costs.
Mr. Plummer: But it vas understood now by you that its direct cost only..
Mr. Grassier Does the City Commission say now that you're talking about
direct costs also?
Mr. Plummer: Yes, sir.
Mrs. Gordon: There was a discussion relative to it.
ADJOURNMENT
At this ppi,nt the City Commission adjourned the Aegular portion of the
Agenda at 4:55 P,M,
MAURICE A, ?ERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
THE COMMISSION RECONVENED AT 7;05 P.M. FOR THE PLANNING AND ZONING PORTION.
113
JUL 271976
CITY OF IWAMI
OCUMENT
MEETING DATE:
July 27, 1973
ITEM NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
DOCUMENT IDENTIFICATION
CON MISSION AGENDA AND CITY CLERK REPORT
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI.
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI
REPEALING SECTIONS 39-6 AND 39-7 OF THE CODE OF THE
CITY OF MIAMI.
AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY GENERAL
EMPLOYEES RETIPLAN (ORDINANCE 6525, AS AMENDED) ,
APPEARING IN CODIFIED FORM AS A PART OF CHAPTER 2 OF
THE CODE OF THE CITY OF MIAMI
AMENDING SECTIONS 54-36, 54-37, 54-39, AND 54-41, OF
THE CODE OF THE CITY OF MIAMI
ACCEPTING THE COMPLETED WORK PERFORMED BY A.M.&J,
CORPORATION AT A TOTAL COST OF $158,472.40 FOR WESTERN
DRAINAGE PROJECT E-42
ORDERING CITY WIDE SANITARY SEWER EXTENSIONS IMPROVE-
MENT SR 5/i48C AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE
AMENDING RESOLUTION NO. 78-237, PASSED APRIL 7, 1978
ACCEPTING THE BID ON MUNICIPAL CODE CORPORATION FOR
FURNISHING 400 CITY CHARTER AND CODE BOOKS AND A 10
YEAR SUPPLE= SERVICE FOR THE DEPARTTENT OF CITY
CLERK
ACCEPTING THE BID OF ANAR CONSTRUCTION CORPORATION IN
THE PROPOSED AMOUNT OF $27,400 FOR THE CENTRAL MINI -
PARK -COMMUNITY DEVELOPMENT PROJECT
ACCEI'rING THE BID OF BETTER CONSTRUCTION, INC. IN THE
PROPOSED AMOUNT OF $127,900 FOR DORSEY PARK IMPROVE-
MENTS -RECREATION BUILDING.
ACCEPTING THE BID OF MARKS BROTHERS COMPANY
ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT
OF $264,354 FOR BID "A" OF THE PROPOSAL FOR SOUTHERN
DRAINAGE PROJECT E-43
CALLING AND PROVIDING FORA SPECIAL MUNICIPAL ELECTION
TO BE HELD ON THE 5TH DAY OF OCTOBER, 1978 FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED FJYCTORS OF THE
CITY OF MIAMI FOR THEIR APPROVAL A MEASURE KNOWN AS
ORDINANCE NO, 8819
COMMISSION
ACTION
R-78-486
R-78-487
R-78-488
R-78-489
R-78-490
R-78-491
R-78-492
R-78=493
R-78-495
RETRIEVAL
CODE NO.
0056
0057
0058
0059
0060
0061
78-486
78-487
78-488
78-489
78-490
78-491
78-492
78-493
78-495
T
IEM NO. DOCuqr.IT IDENTIFICATION
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CONFIRMING ASSESSNIFIT ROLL
SANITARY SEWER IMPROVEMENT
APPROVING THE AWARD OF BID
ING EQUIPMENT AND SERVICES
PROPOSALS RECEIVED BY CITY
FOR CONSTRUCTION OF TRACY
SR-5275-C
FOR ELEURONIC DATA PROCESS -
BASED ON EVALUATION OF
APPROVING THE AWARD OF BID FOR THE POLICE MOBILE
DIGITAL SYSTEM.
APPROVING THE AWARD OF BID OF DIGITAL EQUIPMENT CORP-
ORATION (DEC) FOR ADDITIONAL MAGNETIC DISK AND OTHER
COMPUTER CONPONENTS AND SUPPORT SERVICES FOR THE
POLICE DEPARTMENT PHASE IV INFORMATION SYSTEMS PROJECTS
CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF TRACY
SANITARY SEWER IMPROVEMENT SR-5275-S IN TRACY SANITARY
SEWER IMPROVEMENT DISTRICT SR-5275-S
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACH-
ED AGREEMENT WITH GREENLEAF/TELESCA PLANNERS, ENGINEERS
& ARCHITECTS, INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH METROPOLITAN DADE COUNTY FOR THE USE BY THE CITY
OF THE COUNTY'S N.W. 20TH STREET SOLID WASTE TRANSFER
FACILITY IN ORDER TO IMPROVE CITY WASTE DISPOSAL.
APPROVING THE STATION GROUP FOUR RAPID TRANSIT STATION
LOCATIONS AS APPROVED BY THE CITIZENS' COMMITTEE IN
MILESTONE E. PUBLIC HEARINGS
AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS OF THE
CITY OF MIAMI TO ISSUE A PERMIT TO THE BELCHER OIL
COMPANY TO EXCAVATE SUBMERGED LAND CONTIGUOUS TO THE
NORTH SIDE OF FISHER ISLAND
AUTHORIZING AN IMMEDIATE INCREASE IN THE SCOPE OF THE
CONTRACT BETWEEN THE CITY AND ORLANDO MENDEZ, INC.
AUTHORIZING THE CITY MANAGER TO ADVERTISE, EVALUATE,
RECEIVE BIDS AND AWARD A CONSTRUCTION CONTRACT FOR
FOUNDATION WORK FOR THE CITY OF MIAMI/UNIVERSITY OF
MIAMI JANES L. KNIGHT INTERNATIONAL CENTER PROJECT
ACCEPTING THE BID OF AMERICAN SEATING CONLPANY FOR
FURNISHING FIVE THOUSAND ONE HUNDRED NINETY TWO
(5,192) SEAT AND BACK REPLACEMENT KITS WITH ALL
NECESSARY HARDWARE INSTALL IN EXISTING CHAIR STANDARDS
AT THE MIAMI BASEBALL STADIUM AND THE MIAMI MARINE
STADIUM
ACCEPTING THE BID RECEIVED FROM PROPERTY MANAGEMENT
AND MAINTENANCE, INC.
ACCEPTING THE BID FOR THE PURCHASE OF M.M.P,D.-
COMPUTER Rom AIR CONDITIONING-1978 IN THE AMOUNT OF
$25,140.00 FROM OTEC INTERNATIONAL, INC.
ACCEIIING THE BID OF P.NM. CORPORATION IN THE PRO-
POSED AMOUNT OF $294,996.79
R-78-496
R-78-497
R-78-498
R-78-499
R-78-500
R-78-503
R-78-504
R-78-505
R-78-506
R-78-507
R-78-508
R-78-509
R-78-510
R-78-511
R-78-512
RETRIEVAL
DE NO.
78-496
78-497
78-498
78-499
78-500
78-503
78-504
78-505
78-506
78-507
78-508
78-509
78-510
78-511
78-512
OCUM
TDI NO. DOCUMENT IDENTIFICATION
31
32
33
34
35
36
37
ACCEPTING THE BID OF AMERICAN LA FRANCE FOR FURNISHING
ONE 85' ARTICULATING BOOM FIRE APPARATUS FOR THE
DEPARTMENT OF FIRE.
ACCEeliNG THE BID OF GARCIA ALLEN CONSTRUCTION CO., INC
IN THE PROPOSED AMOUNT OF $547,774 FOR THE MODEL
CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENT -PHASE
V.
ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE
PROPOSED AMOUNT OF $300,867.00 FOR THE MODEL CITIES
COMMUNITY DEVELOPMENT STREET IMPROVEMENTS -PHASE V
ACCEPTING THE BID OF TANIANI CONSULTANT, INC
dba/TAMIAMI PLANT SYSTEMS, INC.
ACCEPTING THE BID OF TAMIAMI CONSULTANT, INC., DBA/
TAMIAMI PLANT SYSTEMS.
APPOINTING MARIAN T.M. DEAN, PATRICIA EVERETT, ERICA
MEYER AND COLLEEN RYAND TO THE CITY OF MIANII COMMIS-
SION ON THE STATUS OF WOMEN
AUTHORIZING THE CITY MANAGER TO SUBMIT IN WRITING TO
THE PRESENT ORANGE BOWL STADIUM FOOD AND BEVERAGE
CONCESSIONAIRE, FOR THE OPERATION OF THE BEER CON-
CESSION AT THE ORANGE &ML STADIUM
R-78-513
R-78-514
R-78-515
R-78-516
R-78-517
R-78-518
R-78-519
RETRIEVXL
78-513
78-514
78-515
78-516
78-517
78-518
78-519