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HomeMy WebLinkAboutCC 1978-01-24 Minutes'CITY OF MIAMI • OMMISSION MINUTES OF MEETING HELD ON • January 24, 1978 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH GI ONGIE CITY CLERK M-T -MX- 17E71 NO. IND CI sicIPWARn &Rita QI:piNmet 0[1, EsourrioN Not le tik 2. 3, 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. CLOSE PORTION OF S.W. 8TH STREET FOR "CLALLE 8 PESTIVAL. DISCUSSION ITEM: RELOCATION OF MIAMI BRIDGE TO THE MUNICIPAL JUSTICE BUILDING. DISCUSSION OF PROPOSED CONVENTION CENTER AGREEMENTS AND REAFFIRM FORMAL NAME OF SUCH. ACCEPT COMPLETED WORK: "BISCAYNE WEST HIGHWAY IMPROVE- MENT H-4390 = BID C LANDSCAPING." ACCEPT COMPLETED WORK: "NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT (BID C = LANDSCAPING." ACCEPT PLAT: "JACK YANKS SUBDIVISION." URGE METROPOLITAN DADE COUNTY TO EXPEDITE CONSTRUCTION OF CERTAIN STREETS IN THE CITY OF MIAMI ("DECADE OF PROGRESS"). AUTHORIZE DISPOSAL OF 16 GYMNASIUM MATS TO THE TENANT EDUCATION ASSOCIATION OF MIAMI. ACCEPT BID: 100 FOOT ARTICULATING BOOM FIRE APPARATUS AND TRUCK. (DISCUSSED AND DEFERRED). ACCEPT BID: 13 DUMP BODIES. (DEPT. OF BUILDING AND VEHICLE MAINTENANCE - DEPT. OF PARKS). ACCEPT BID: ADMINISTRATION BUILDING - SITE PREPARATION. ACCEPT BID: MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS - PHASE IV. OPEN SEALED BIDS: "CRESTWOOD SANITARY SEWER IMPROVEMENT - SR-5432-C CENTER SEWER." DECLARE MAESTRO CAESAR LA MONACA "MR. MUSIC OF MIAMI." FORMAL RESOLUTION OF CONDOLENCES TO THE FAMILY OF ROBERT HURWITZ - (UNNUMERED). SECOND READING ORDINANCE: REPEAL OLD SECTION AND SUBSTITUTE FOR NEW SECTION 20-8 OF THE CITY CODE - PROVIDE FOR RESTRICTED HOURS OF MATERIAL PLACEMENT. (CENTRAL COMMERCIAL DISTRICT). CONFIRM ORDERING RES. 77-905 - AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS ("MANOR SANITARY SEWER IMPROVEMENT SR-5437-C"). PUBLIC HEARING: OBJECTIONS TO ACCEPTING COMPLETED WORK: "BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390." SECOND READING ORDINANCE: AMEND SEC. 1, 0R1). 8716 - MAKE ADJUSTMENTS TO FIRE FACILITIES - GEN, OGLIGATION BOW) FUND - MAKE APPROPRIATIONS FOR ADDITIONAL PROJECT SECOND READING ORDINANCE; AMEND SECTION 62-63 OF THE CITY CODE - INCREASE COMPENSATION OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY AND ZONING BOARDS, Po, SECOND READING ORDINANCE DISCONTINUE THE DEPARTMENT OF BUREAU OF INTERNAL AUDITORS AND THE DEPARTMENT OF COMMUNICATIONS. ' DISCUSSION Dt6CUSSION DISCUSSION R- 78-43 R- 78-44 R- 78-45 R- 78-46 R- 78-47 DISCUSSION R- 78-48 ' R- 78-49, R- 78-50' R- 78-51 M- 78-52 Unnumbered Resolution Ord. 8744 R- 78-53 R- 78-54 Ord, 8745 Ord, 8746 Ord, 8747 PAGE NO. Sph 6 - 44 45 45 46 46 47 48 - 51 52 52 53 54 54 55 56-57 57-59 60 61 62 62 22. 23. 24, 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39, 40, 41, SECoND READING ORDINANCE: DISCONTINUE THE DEPARTMENT OF PUBLIC LIBRARIES AND THE BOARD OP TRUSTEES, SECOND READING oRDINANcE! REPEAL ARTICLE V CHAPTER 21 OF CITY CODE- ABOLISH COMMERCIAL BLOOD DONORS BOARD, SECOND READING oRDINANcE: REPEAL SECTION 37-8 CHAPTER 37 or CITY CODE- ABOLISH THE BOARD OF REVIEW OF OBSCENE LITERATURE, MUSIC, PRINTS, ETC. SECOND READING ORDINANCE! REPEAL SECTION 16-17 OF ARTICLE IV, CHAPTER 16 OF CITY COE - ABOLISH "SPECIFICATIONS COMMITTEE." SECOND READING ORDINANCE: REGULATE COMMERCIAL PHOTOGRAPHY IN THE CITY Or mIAMI AND PROVIDE FOR A FEE SCHEDULE. AUTHORIZE CITY MANAGER TO ENTER INTO MAINTENANCE AGREEMENT WITH DADE COUNTY FOR BEAUTIFICATION OF S. W. 8TH STREET. ACKNOWLEDGE SATISFACTORY CONCLUSION OF AGREEMENT WITH SEYFARTH, sHAw, FAIR-WEATHER AND GERALDSON - LEGAL SERVICES RENDERED. ESTABLISH AND RECOGNIZE DADE COUNTY/CITY OF MIAMI CRIMINAL JUSTICE COUNCIL (DISCUSSED AND TEMPORARILY DEFERRED). ADDITIONAL APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD. ADDITIONAL APPOINTMENTS TO THE mIAMI MEMORIAL COMMITTEE. AUTHORIZE CITY MANAGER TO pnCHAsE IN LIEU OF CONDEMWATION 5-FOOT STRIP S. CORNER DOUGLAS RD./MAIN HIGHWAY - FOR BIKE PATH. CLAIM SETTLEMENT: CLAIM SETTLEMENT: CLAIM SETTLEMENT: CLAIM SETTLEMENT: CARLOS T. FERRO AND AIDA FERRO. ROBERT BOLT. JUAN BAUZA. JUDY MAXINE DAART. ALLOCATE $13.000 TO PREPARE SAMPLE BALLOT FOR VOTERS FOR STorm SEWER BOND ELECTION, APPOINT MEMBERS TO A COMMITTEE TO EDUCATE THE PUBLIC ON THE STORM SEWER BOND ISSUE ELECTION ( TO BE HELD MARCH 7, 1978). ACCEPT BID: DIXIE COMMUNITY PARK GAME COURT RENOVATrON- PHASE I. ESTABLISH AND RECOGNIZE DADE/MIAMI CRIMINAL JUSTICE COW,IL AND APPOINT ADDITIONAL MEMBERS OF THE CITY COMMISSION TO THE COUNCIL. CONFIRMING RESOLUTION; CLOSURE OF S,W, 879 ST, FOR "CALLE 8 FESTIVAL." ORDINANCE OR KESOLUTION NOi PAGE NO Ord. 8748 Ord. 8749 Ord, 8750 Ord, 8751 Ord. 8752 R- 78-55 R- 78-56 DISCUSSION R- 78-57 R- 78-58 R- 78-59 R- 78-60 R- 78-61 R- 78-62 R- 78-63 R- 78-64 DISCUSSION R- 78-65 R- 78-66 M- 78-67 R- 78-68 63 63 64 64 65 66 66 67 - 68 69 70 70 71 72 73 74 74 75 - 76 77 - 78 79 - 84 85 NOi 42, 45. 44. 45. 46. 47. INDEX CI I �i' Rdritm SIB,JECT ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FOR VARIOUS PHASES OF CONSTRUCTIONS "TRADE FAIR OF THE AMERICAS.+' DISCUSSION ITEM: DISABLED POLICE OFFICER BEING RETURNED TO FULL DUTY. DESIGNATRE CAMPING AREA FOR ROBERT KING HIGH PARK AS "CARLOS J. ARBOLEYA CAMPING AND PICNIC GROUNDS." PERSONAL APPEARANCE: JAMES ANDERSON - COMPLAINT ON VANDALISM TO HIS BUSINESS PROPERTY. WAIVE RENTAL FEES FOR ALLAPATTAH COMMUNITY BOARD ON THEIR REQUEST FOR USE OF ALLAPATTAH COMSTOCK PARK AND SNOWMOBILE - CLEBRATION OF JOSE MARTI'S BIRTHDATE. EMERGENCY ORDINANCE: AMEND RETIREMENT SYSTEM ORDINANCE SEC. 91, CHAPTER 2 - PERMIT FORMER CITY EMPLOYEE ON REJOINING CITY'S FORCE TO REDEPOSIT CONTRIBUTIONS. 48. MISCELLANEOUS ITEMS: A) MEETING WITH OFFICIALS OF ORANGE BLOSSOM CLASSIC; B) STATUS OF "EMPLOYEE OF THE YEAR;" C) MEMBER APPOINTMENT TO PENSION BD.; AND D) DISCUSSION OF PROBLEM IN SANITATION DEPT. AND RECORD CHECKS OF FUTURE DEPARTMENT HEADS. 49. BRIEF DISCUSSION ITEM: BUS SHELTERS FOR PEOPLE. 50. DISCUSSION OF WATSON ISLAND - PRESENTATION TO THE CHAMBER OF COMMERCE. 51. CITY COMMISSION POLICY: - TRAVEL REIMBURSEMENT TO r'LENBERS OF THE CITY COMMISSION TO BE ON A PER DIEM BASIS. 1E581.WT1t1N MO* R- 78-69 DISCUSSION M- 78=70 Personal Appearance M- 78-71 Ord. 8753 M- 78-72 DISCUSSION DISCUSSION M- 78-73 PAGE NO, 85 - 87 87 - 88 89 89 - 92 92 92-93 93-97 97 - 98 98 - 99 99 - 100 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI; FLORIDA On the 24 day of January, 1977, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:25 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre ALSO PRESENT: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. CLOSE PORTION OF S.W. 8TH STREET FOR "CALLE 8 FESTIVAL." Mr. Reboso: Let's take item A, Mr. Pantin, please. Mr. Pantin: We come to ask permission this morning from the City Commission to help us in our project that we have planned for March 12th of the year. The project is called open house aid, an invitation to Southwest 8th Street and the purpose of the project would be to bring--- to invite the whole Committee to Southwest 8th on that day and the goal is to bring, by this festival, the community a little bit closer. The project sponsored by the Miami Herald and the Kiwanis Club of Little Havana, who would also have the purpose of promoting the City of Miami, and Little Havana in particular. The open house aid will be mainly three parts. What will be a music part,will consist of several classes of music, we will have bca.is playing the whole day, we will have several stations where we will have different dancers and different entertainers. We will also have an art festival second part similar to the Coconut Grove Art Festival, which artist can sell their work, plus, we're going to have over $3,000 in prize money. The third part wf the festival will include the food part of it. We're not going to have any booze, anything like that, we're going to ask the merchants, the restaurants and on the streets to put sidewalk affairs,-- bring their restaurants out on the street. When I emphasized that this festival is not for profit, it's not a fund raiser, it's going to cost us and the Herald plenty of money to put this plus the other promoters and participants and sponsors of the event. We need and we alread., talked to the Manager, the cooperation of the Manager's office being great, We need a resolution from the City Commission to close that street that Sunday afternoon from 1. o'clock to 8 o'clock in the afternoon, from Beacozn Blvd. to Southwest 12th Avenue., We have already been in close contact with the City of Miami police, with Captain Knight and they have requested severals things for us, like 45 officers to direct traffic, to keep order and there will be no JAN 241978 problems to comply with. Mt. Reboot): Mt. Manager, are you in favor or any objecting? Mt. Crenate: We are definitely in favor of the event Commissioner. We are working with the police department and other City departments to come up with an agreement with the Committee. t'm sure that we'can arrive at that agreement and we would encourage the City Commission to give this project support. Mr. Plummer: What do you wantya resolution? Mr. Graseiet Yes, of intent. Mt. Plummer: l'it move. Motion of intent to get the full backing of this Commission behind this project and whatever aeaietanee tan be offered through the City. Rev. Gibson: Second. Mayor Ferret There is a motion and a second, further discussion on item A, as before us? Call the roll please. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Gibson was passed and adopted by a unanimous vote. Said Motion was designated Motion No. 78-41. See Confirming Resolution No. 78r-68. Mayor Ferre: And Mr.Pantin, I want to personally congratulate you for the wonderful work that you've been doing and the positive results. I think we really have little idea, as much as we believe in the future of 8th Street, we have little idea of the tremendous impact that its going to have on this community. I think the more that we pay attention to the Little Havana area and the quicker we develop it, the multiplier affects of that in outeoins circles is_Aoinz to affect this whole community and I mean all the way up to the Broward County line. Mr. Pantin: Thank you very much. Mrs. Gordon: Mr. Mayor, in line with what you just said. The affect of revitalization and reinteresting community is spread through the realtors to a national level and in fact they have a revitalization of neighborhoods project, which is funneled down to the state level and now to the local level. I've been appointed co-chairman of the state level and the cities in the state are instituting neighborhood revitalization, neighborhood reinterest. community spirit is really what it's all about and that's what you're talking about. Mayor Ferre: Again our thanks. Mr. Pantin: Thank you, thank you very much. DISCUSSION ITEM: RELOCATION 4F MIAMI BRIDGE TO THE MUNICIPAL JUSTICE BUILDING. Mayor Ferre: Alright, we're now on item #B, which is the discussion of the proposed conference center agreement. Mr. Grassie. Mr. Grassie: Mr. Mayor, I would like to have Jim Connolly, introduce this subject that we have given you a lot of material,.. Mayor Ferre: Excuse me Joe, you know we always have the courtesy in this Commission of recognizing distinguished people who are public service and of course, none better than Dr, Den Sheppard, whom 'we are always bagpv to have in here Dr. Sheppard, what can we do for you or what can you do for us today. Dr. Sheppard; Well, we are getting ready to do for you. Mayor Ferre: Good, Mrs. Gordon: Good, 2 AN 241979 Mayor Ferre: Tell us what you're going to do for us, Dr, Sheppard: I want to ask you to do sotiething for us as fat as the Miami Fridge goes, We got a promise to fix the place up and so fat two match sticks haven't been rearranged. Mrs, Gordon: You haven't moved in yet? br, Sheppard: No, I don't know what the hang up is, but pretty soon the termites, Which ate holding up the building that the Mayor gave us ate going to lobe their strength and the damn thing is going to collapse, Mayor Ferre: I gave you the building, not the termites. Mrs. Gordon: Dr, Sheppard are you still in that old building downtown? Dr. Sheppard: Hey, watch it. That's not an old building, Mayor Ferre: You're going to get the fire department after him. Don't shake your head, don't do that, Dr. Sheppard: That's all I get is the run around. Mrs. Gordon: Mr. Grassie, we're joking and laughing, but that's very serious. Why isn't the building finished and ready so they could be in it by now. It's been months hasn't it? Mayor Ferre: September. Mrs. Gordon: Yes. Mr. Grassie: Commissioner, Mr. Grimm just alerted me about a minute ago of the the reason for Dr. Sheppard being here. I understand that basically what we have is a problem with the fire code in the new location. So, let me ask representatives of the fire department to speak to that question. Mrs. Gordon: Sure. Dr. Sheppard: That's not entirely true. Prior to the Miami Bridge receiving the academy, we did a survey and submitted it to the City Manager's Office and Mr. Parkins saying some of the things that needed to be done to the interior of the building before it could be used, as a facility for congregate living. Now, this type of facility is much more restricted in the facility itself, given with the alarm systems, separation in the building, the air handling units and so forth. About two weeks ago almost by accident we discovernA that work was going in the building plans have never been submitted, approval has never been received for the interior layout and we stopped the project at that time. And that's where it stands right now. Mrs. Gordon: Ok, who did you notify when you stopped it? Dr. Sheppard: I notific,i Mr. Parkins and the contractor on the job and Mr. Parkins was to contact Mr. Moran. Mrs. Gordon: Mr. Parkins, what have you done about it in the past two weeks? Mr. Parkins: We've notified Mr. Moran of the problems and it's our understanding now that all he is required to do is bring those plans down to you. Zs that correct? Mr. Parkins: Yes, sir. That's correct essentially, but what was. happening there was work being done and some of the work that was being done very diligently, I'm sure they were spending money that was going to be incorrect„ The interior design was improper and they have to come in with some plans, in order to proceed, Mrs. Gordo... Alright, it looks like,— you know, it just seems like--- you know, which foot is going to move first, Dr. Sheppard, plans for the interior, were those plans that you submitted or not? Dr, Sheppard: I don't know whether they was submitted to the fire chief and sometimes I wonder about bureaucracy, 'JAN 241978 Mts. Gotdoti: l kii, the too, bre Sheppard: t think we can present the plans to hits and get the thing nn the toad, Mrs, Gordoiit Ok, Dr, Sheppard; Because thaes ail thats necessary, Mrs, Gordon: Is that all thaes necessary Chief? Chief Hickman: Sure at least two weeks ago, Dr. Sheppard: Your approval of the plan is necessary, too. Chief Hickman: What's that?. Dr. Sheppard: Your approval of the plan is necessary. Chief Hickman: Sure. Mrs. Gordon: Ok, if he give the plans to you today, can we expect an approval within a day or so? Chief Hickman: Well, they have to got to our office and to the building department and it usually about one of two day process. Mrs. Gordon: Ok, then it!s anticipated then by--- before the end of the week of plans approved? Chief Hickman: Absolutely. Mrs. Gordon: Mr. Parkins? Mr. Plummer: Rose, excuse me, that not what I'm reading. I'm reading that the chief is standing here saying that what their doing is not correct, Now if they're going to surrender a set of plans that don't meet the code, they're not going to approve them. Is that what I understand? Chief Hickman: Of course. Mr. Plummer: And you're saying that they're doing things according to the plans now submitted. Chief Hickman: No, they don't have any plans. Mrs. Gordon: Ok, chief would you then be kind enough to do this for us? Tell Dr. Sheppard or his representative what you want in the plan. Chief Hickman: Sure, I believe Mr. Moran is your representative. Absolutely, I'll be happy to contact him. I felt like he had done this before. Mrs. Gordon: Ok, can Mr. Moran meet with him this afternoon? Ok, then the plans can be completed to your specifications and then they can proceed through that avenue , correct? Chief Hickman: They need some professional help, they need some professional designs like everybody else that builds a building and they tried to proceed without this. Mrs. Gordon; Ok, since we're doing the renovation and since you say we need... Mr. Grassie, could we have some professional help from your public works department? Please. Mr. Grassie: Well, you know, we can give the project any kind of help that you wish Commissioner, I think that you have to keep in mind, that once you do the designs, you're going to assume the responsibility for all other decisions and you know, anything that happens there. Now, is that the position that the City wants to be in with regards to this project? Mrs. Gordon; No, what I'm asking you for--' excuse me J.L., just let me finish the thought I have, The chief says we have to have professional design on the plan not a sketch by a laymannapparently, t4as the design that you had bre She ppafdi a professional? No, so therefore, what I'm asking you... Dr. Sheppard: I did it. Mr. Plummet: It was crayon and school paper. Mrs. Gordon Ok, then what I'm saying is since it has to be a professional design to be approved by the fire department and the building department. Could you supply us With a professional to put the plan on paper? You know, to in accordatice with the requirements that are being specified and also, it accoidattce with the need of the organization. Dr. Sheppard: Commissioner, I'll get a professional on it today. Mrs. Gordon: Pardon me. Dr. Sheppard: I'll get a professional Mrs. Gordon: You will, you don't need be done. And then Mr. Parkins, if the week, will you have workman working on Mr. Parkins: We'll do our best. Mrs. Gordon: That means yes, doesn't it? Ok, alright, I so move then that --- what do we have to move? That all speed... Mr. Grassie: You don't have to move anything Commissioner, you know, basically they have not given us any plans and its been delayed for two weeks. Mrs. Gordon: months. Mr. Plummer: architect. the public works? Ok, very good, it will plans come back to you before the end of the it? You know, right away. But, it's been three months really. Mr. Grassie, it's been three It's not move Rose, it's motivate. There is a difference. Mrs. Gordon: Ok, I would so motivate then that... Mr. Plummer: You know, wharfs amazing to me ? If the City themselves is trying to accomplish this, can you imagine what a poor outsider trying to get this done must go through? Mr. Grassie: He doesn't have any problems if he knows what he is suppose to do and does it. Mrs. Gordon: Ok, would somebody let us know next week if the project is--- Mr. Parkins would you let us know by memorandum next week or through Mr. Grassie or somebody, that the project is working that it is being worked on, ok? Mayor Ferre: Mr: Grassie, who actually is the person in your staff that is riding herd on this particular project? Mr. Plummer: Obviously, noone. Mr. Grassie: Well, in a overall sense, the reponsibility is with Mr. Parkins. But... Mayor Ferre: Mr. who? Mr. Grassie. Rob Parkins. Now, he may have somebody assigned on his staff, don't know. Mayor Ferrer Alright, Mr. Parkins, through Mr. Grassie, do you have somebody assigned to this project in your staff? Mr. Parkins Mayor Fe: -re; Mr. Parkins; Mayor Fe€re Yes I do. Who is that person? Rick Leonardi. Aright, M. . Leopardi. JAN 24197e Mayot t'ette Mt. teohatdi, is this gout. Mr. Plummer: t41h6 ate you assigned to Mr. tednatdi? Mayot Terre: Mt. Leonardi, is this your project? Mt. Leonardi: Yes, 1 have been working oti the project since tecember. Mayor teere: Now, is this something that you're dedicating sufficient tithe to see accomplished or are you too, busy doing twenty other things? Mr. Leonardi: Now, 1 believe the main delays have beet, even from the outside, have been with the fire department and with different specifications that have been called for. Mr. Plummer: Let me ask you a question--- excuse me--- who has been doing the work in there illegally? Mr. Leonardi: The Miami Bridge. Mr. Plummer: They have been in there doing the work? Mr. Leonardi: Yes, the Miami Bridge is now doing the renovation themselves again. Mayor Ferre: Alright, Mr. Leonardi... Mrs. Gordon: Well, don't you think itrs a little frustration of not being able to get anything done that's motivated the self help concept. Mr. Grassie: You know, the simple picture that I'm getting is that the Miami Bridge took the initiative, went in there and did things in a kind of a amateurish way without some professional help and they ran into problems with the fire department. And it is as simple as that. Mrs. Gordon: Alright, but we've overcome that now., right? Mr. Grassie: 1 hope so, assuming that we get a design. Mayor Ferre: Mr. Grassie, since Mr. Leonardi is the person in the administration in charge and since this matter has been delayed through September and since we haven't come to a conclusion it, no matter who's faught it is, I'm not here at this point to play blame, all we want is to get this accomplished. Is it possible through you tha, Mr. Leonardi, would give this Commission a one page written report on the progress. Mr. Grassie: Sure. Mayor Ferre: Just a one page, I don't want anything more than that. But I would like every Friday evening or if you want every Monday morning by 9 o'clock, a one page report on my desk, where does it stands this week, until we get it accomplished. Is that alright with you? Mr. Grassie: Certainly, thats very easy to do. Mayor Ferre: Thank you very much. Alright, is there anything else that needs to come up on this subject? DISCUSSION OF PROPOSED OitUnlai CENTER AGREEMENTS AND REAFFIRM FORMAL NAME OF SUCH. Mayor Ferre: Alright, at this time we're on item number B. Mr, Grassie; We started to say M. Mayor and members of the City Commission, that Jim Conno.ly will introduce the subject and describe to you the arrangement that we're coming to with the developer. Mr, Plummer; Mr. Crassie, before Mr. Connal4.Y,starts sir, it was the instructions of this Comnission to the administration, that.no contracts would come before this Commission without the signatures of the other Party indicating that they ate in agreement and that no cont''aots Mould dote before this Co mission for approval without the City Attorney's John Henry attached and as far as I'fn concerned, this which I have before ine, as much problem as I have with it, I dot+t think should even be considered by this Commission until such tifne as that policy established by the City has been cotplied with, Not I don't know whether or not the Miaii Associates, Incorporated are in compliance with this agreeiftent. I don't know that this agreement is legal, atkd I think before this Coflthission takes and spends hours or any time at all that we, or should be, made aware of where this thing stands. Mr. Grassier Let me see if I can clear that up. Mayor Ferre: Of what stands? Mr. Plummer: Well, Mr. Mayor, it was a policy of this Commission and I think it goes back to the Robbie contract, that in the future that no contract would be surrendered to this Commission for approval without the other side first signing the agreement indicating their agreement to the contract. Mayor Ferre: I would tell you that's as I see the principles here, that would be a relatively simple thing to do. Mr. Plummer: And that the City Attorney would say that this contract is legal. Mayor Ferre: Does the City Attorney have the opportunity to look at this contract? Mr. Plummer: The contract I have before me has no signatures. Mayor Ferre: Now, wait a minute J. L., has the City Attorney's Office looked at this contract? Mr. Knox: Yes sir. Mayor Ferre: Are you in agreement with the contract that's submitted? Mr. Knox: As legally sufficient, yes sir. Mayor Ferre: As to legal form ? Mr. Knox: Right. The only thing that would preclude the signature of the City Attorney is that the City Attorney likewise waits for the other party to execute it. UNIDENTIFIED SPEAKER: That's right. Mayor Ferre: Alright, well then,... Are the principles here that we can... are the principles here that would be able to answer this? Mr. Worsham, are you willing to execute this contract today? Mr. Worsham: Yes sir. Mayor Ferre: You are. Mr. Plummer: As submitted? Mr. Worsham: As submitted, one or two typographical errors that I think have been.... Mr. Plummer: Well typographical, but not.... Mr. Worsham: Well, as far as its principle, yes .,. Mayor Ferre: Then I would like to respectfully submit to this Commissionj teat time is of the essence, because we have a time frame here for the financing, and for the architectural drawings and the construction that if we don't hear this today which is the 24th day of January. The next opportunity is the 9th of February and I would 7 JAN 241979 66 certainly hope that we wouldn't delay this even though two Weeks may not seeM that important, they Maybe very crucial at this particular t ii`ne . Mr, PluMtner: Mr, Mayor in no Way is it my intent to try to stall the procedings this morning but if this Commission is going to set up here and establish a policy I think it behooves the Administration to comply With that policy, or tell us why not, Mayor Ferre: Plummer I agree with that. That's a mistake that Mr. Grassie and the Administration have made and let's put it tight on top of the table. It isn't something that we can hold Mr, Worsham and his Associates accountable for. Now the point is that Mr, Worsham, the principle told us that he's willing to sign the contract, so based on that and that's the day I assume that you Will comply with that statement on the record, that you will sign that contract today, Now with that and a reprimand towards the Administration for not bringing us a signed contract you can proceed. Mr, Plummer: Well, may I inquire first? Mr. Connolly , I would like page 45, I don't know what big secrets you have hidden, but mine is blotted out. I'm talking about lease and agreement for private development. This document here Mr. Connolly . You have page 45? Mayor Ferre: We're all missing page 45.... Mr. Plummer: Ok. That's where they're hiding all the goodies. Mrs, Gordon: The only one they didn't leave it out of is mine. Mayor Ferre: All I need is page 45. I've gotten everything else. Who proofreads these things? Mr. Plummer: Obviously, no one. Ok, let's get one other thing straight before we start Mr. Connolly . I'm referring now to the document called Construction Management Services Agreement between, are you familiar with that document? Mr. Connolly : Yes. Mr. Plummer: Ok. We're going to get back into another fight, because I thought it was clear, clear from this body up here and I think Father Gibson, Father, you better listen to this, because you led the fight before. Rev. Gibson: I'm listening. Mr. Plummer: Connolly , I draw your attention down to the bottom, section (f) . Rev. Gibson: What page is that? Mr. Plummer: Page 3. What is the name Mr. Connolly? Mr. Connolly : Section (f)? Mr. Plummer: F as in Frank, yes, called project. Mayor Ferre: Page 3? Rev. Gibson: Page 3? Mrs. Gordon: Which one are you looking at? Mr. Plummer: This document here, the legal size document, page 3,the bottom of the page, section (f). Mrs. Gordon: Oh yes, I see it. Mayor Ferre: Well, yes, I think this is something that's been said so many times that it's unbelievable to me that..,. FJAN 241979 Mr, Flutter: 16uslr :ion't understand. t 5ust ►ifY;t Ufide stand. just dOn't underStand that that thing Was such a burring issue before this Com1hissiat► and it just says to Me one thing Mr. Conno ..y. You knout l' m sorry to say this, but t got to say it, We tell the Administration what the po ioy is and the Administration goes ahead, and Mr. Brassie, this is bot to you,please don't take it personal. They're going to do what they want. Mr. Reboso: Who did it if it is not Mr. Grassie? Mr. Plummer: All I'm saying is, we spent almost an hour arguing on that point and we told the Administration and the policy Of this Commission without question what the name was going to be, but by God, somebody saw fit to bypass the policy of this COMMission again and do what they want. Mayor Terre: Well, I think it's a valid point, and one more time...+ Mr. Plummer: You know, let me tell you what really hurts me.... Mayor Terre: Can we move along Mr. ... Mr. Plummer: No sir, I'm not going to trove until that thing is corrected and the policy of this Commission is followed. Mayor Ferre: Would you on page #3 strike the words, the J.L. Knight, International Center, and substitute thereof, the City of Miami Convention Center-J. L. Knight, International Conference Center. Is that satisfactory? Mr. Plummer: Yes if that's... Mayor Ferre: Mr. Plummer moves as a policy of the City of Miami and the appropriate name of the center, is there a second? Mr. Reboso: Second. The foregoing motion moved by Commissioner Plummer and seconded by Vice -Mayor Reboso passed unanimously. This Motion was designated M-78-42. (See related Resolution 78-74). Mayor Ferre: It's been seconded by Commissioner Reboso. Further discussion,call the roll.... Now that we've solved those important things let's get into some of the details. Mr. Plummer: Oh, I got more questions, a lot more. Mayor Ferre: Alright, the chair is now going to rule on the procedure. We are not going to interrupt anybody until they are finished with their presentation. Mr. Connolly you will not be interrupted for any reason unless you do something very, very bad, and naughty, besides from that we're not going to interrupt you and we're not going to interrupt anybody until you're finished with your total presentation, so get your pad out and make all the notes and the questions you want to ask and you can proceed. Mr. Connolly: Thank you Mr. Mayor and members of the Commission. In October, there was a special meeting of the Commission for the selection of a proposed Ieveloper for the City of Miami's Convention Center with a mixed use development,including a hotel and retail spaces, and t:,e request for proposal that had been sent out to 18 different Developers, they were asked to come forward with a complete development team, including the capability of the construction, construction management, hotel operation and financial wherewithal. In the qualication prpcess we had narrowed it down to a short list of five and that list of the five, two responded, which one was a very positive response from Earl Worsham and his group,and the other was not directly responsive to the City's request proposal. In recommend- ing to the Commission and the Commission,of course approved,we continued negotiations with the Worsham group. There were a number of issues brought up at that Commission meeting, which we resolved to the best degree possible in our discussions and negotiations with the developer. The salient points of the agreement which I've covered in a memo which was sent with the information to you I'll discuss with you. The term of the lease is 45-years, with a 45-year renewal.. As you recall, the University's agreement is a 30-year lease with two 3O-year renewal. 9 lAN 9 4197B terms, so that the finite life of the project is anticipated to be 90,,years, The reason that the developer is asking for a 45ayear lease is that the Mortgage fihaftcing looks to a 50% longer term oft lease than the anticipated tetfft of the mortgage, which is probably going to be 30myears, The reasoning for that is it allows enough leeway in time for a (Mortgage extension ih case for any reason the mortgagee has to take financial actioh to correct a possible default on the project. The City receives a base rent' which starts at i $150,000 a year and ncreases over the neat teh years to $250,000 in the ninth and tenth year and continues at that rate throughout the life of the project. That refit is guaranteed to the City under any circumstances, and represents a fair return On the City's investment in the land itself. The Original proposal to the City had been for the developer to provide the City a percent of room sales, Which was 3% of room sales and that was not found favorable to the Commission, They asked for something which would give them a piece of all the other retail activities on site. What we did there was actually contacted several of the local developers and said what would be a fair type of way of structuring this and one of them in particular said he had just closed a deal where he had the land, and another developer was... Rev. Gibson: Where he what? Mr. Connolly: A local Developer, David $lumberg,had land in which he was having another Developer put a shopping center, it's a Cutler Ridge Shopping Center, and he said in that deal what he did was he's getting a ground rent which is guaranteed. In addition, he's getting 20% of the net cash flow after all of the dedicated monies are drawn down, We ran that through the figures we had on our proforma and it came out slightly better than the 3% of room sales would be, and I asked Dave Blumberg, and I said, if the City had an agreement like this, do you think it would be fair to the City, he said that,"I just think I closed one of the best deals I ever made in my life, and if the City can do that I certainly would think it would be fair". So we used that as the basis for the participation rent. The next thing is, the developer is contributing 5 million dollars to the completion of the construction of the Convention Center, itself. What we did in our plans is that the City's monies which is 8 million dollars in construction and a half million dollars in contingency is used directly for convention facilities and halls. It does not include the circulation space and the service space that are required in that building. The theory being that the Developer will actually treat those spaces are a mall and therefore should contribute to that portion of the building. The 5 million dollars also represents a fair contribution to the City for the air rights themselves. It's actually more money than that piece of property is worth so that it appears to be a fair contribution by the Developer for the completion of the Convention Center. The 'eveloper in his proposal is including $250,000 for pre -opening expenses with matching funds of $250,000 from the City. We had anticipated at the pre -opening expenses would be in the order of $500,000 for the total facility, and we do have in our development portion of our budget the.... Mr. Plummer: Excuse me... Mayor Ferre: Now J. L.... Mr. Plummer: Mr. Mayor now, statements are being made that are incorrect, you want to let go ahead? Mayor Ferre: Yes sir. You take a piece of paper and a pen and you write them down, and I've already got two notes myself on similar things... go ahead. Mr. Connolly; A point was brought up at the discussion back in October by the Mayor that since this was a facility where performances could be held that the Developer should soon wake some contribution for having cultural activities take place at the center. The Developer offered $100,000 every year for a special eultural week asking for the City to match that contribution with an additional $100,000 and that appeared that the $200,000 would be a major cultural activity which 10 JAN 241978 would help the City 4 its promotion of the Cit,f Miami and this Convention Center. It was believed that we could get tote dollars by having good press than buying advertising. On that basis that was considered a good point to Cake, in the sedond agreefiient,which is the agreement between the City and the Developer and his Construct= ion Manager, in a building of this type it's essehtial that the controller construction be under one body. The only other Method we found where we could possibly take the Cityy's public funds and award them oh a corpetitive general construction contract was would be to complete the Convention Center entirely before we did one brick on the hotal, now that would delay the project materially, probably up to about a two"year delay, What we did do is we came up with a construction Management method which is used by the federal government in the major portion of the channel service administration contracts today. It's being used in the Post Office here and also in the Courthouse extension. That consists of the City awarding a construction management contract for professional services to the Developer's team. The negotiation on that, t inquired from several other Construction Managers, both locally and nationally, and they felt for a project of this size and complexity that a fair Construction Management fee would be 4 to 5%. We negotiated with the Developer for the total construct- ion management services at a fee of 3.9%, which I think is fair. In addition to that, and this is the way the GSA does it, at cost we have the Construction Manager do what in their normal construction contractors called the "general conditions". General conditions consist of the coordination of the total project. It also consists of providing a security , the quasi system, the clean-up, the establishment of Lyon & Gregg, and basically running a project, and the Construction Manager in term is to package all of the trade contracts, and they will be publicly advertised and bid by the City and awarded to the lowest qualified bidder. The total cost of (we're talking about a 15 million dollar construction total in public funds, of that, approx- imately 14 million dollars will be publicly bid and awarded, the rest will be materials and services which will to the greatest extent possible also be publicly bidded and awarded by the Construction Manager. That's basically the main points of the two agreements. Are there any questions? Rev. Gibson: J. L. before you ask those questions, I want to make sure that in this addition it isn't as confusing to other people as it was to me. Sir, what will be the name of this project? Mr. Connolly : The City of Miami Convention Center/University of Miami James L. Knight International Conference Center. Mr. Plummer: I read from your request for proposals, page 1, the Developer is requested to provide the City with information concerning his background experiences as a Developer. I've not seen one. Mayor Ferre: Say that again. Mr. Plummer: I'm reading from the proposal. The Developer is requested to provide the City with information concerning his background experience as a Developer. This information should consist of a factual account of the Developer's history, including the following details: I've not seen one. Mr. Connolly : Alright, the meeting on October 23rd, the Developer's proposal had a complete history of their organization which was distributed t;, the Commission. Mr. Plummer: What you're saying is I had it but I don't remember it. Mr. Connolly : Yes sir. Mayor Ferre: No, no. What he's saying is you have it and it's probably in your file. Mr. Plummer: Ok, then I'll go back to my file. How much input did Skip Sheppard give on this? Mr. Connolly : Skip Sheppard reviewed the documents. Mr. Plummer; You consulted with him as instructed by this Commission? 11 JAN 241978 Mr, Connolly: Yes sir. Mr, Plummer: Ok, Now, Mt, Mayor it's going to take ffie a while as I thutnb ,,, what is retail packaging? You have that, I don't understand that, Oh page 45 the bevelopet is to provide the consulting and leasing service of eh established retail packaging organization, What is a retail packaging Organizations is that liquor? Mr. Connolly: No sir, it's in any shopping center or Mall, there is quite a bit of planning and studying done into what store goes next to which store or which one is near the entrance, what are the poles and the knuckles of the circulation system and that's retail packaging, Mr, Plummer: A retail lay -out is really what we're talking about. Mr, Connolly: Yes sir, Mr. Plummer: Ok, I read further in that same page that it is recommended that they use the architectural and engineering firm that we had selected, but they are not bound by it, is that correct? Mr. Connolly: Yes sir that's correct. Mr. Plummer: Why? Mr. Connolly: It says if you have a project of this type with two separate architects when you negotiate fee, usually you have to give both of them a 1% addition for coordination between the two architects, so it saves the money of that 1% fee. It also saves it for the Developer and it also gives single responsibility for the structural design, because we do have the hotel sitting on top of the Convention Center. Mr. Plummer: Ok, that's reasonable. Mrs. Gordon: What page was that retail packaging on J. L.? Mr. Plummer: Page 4, I believe Rose. Page 4. Mr. Connolly: Start in the middle of the page. Mr. Plummer: Referring to the document, a development proposal, the last page, have we now established down where it says almost to the bottom of the page, net rental income stores? The time before was 30,000 I assume square feet at $7.00 a foot. Mr. Connolly: Yes sir. Mr. Plummer: Now that to me would come out in the neighborhood of $210,000 and we're taking, how much? Mr. Connolly: 20%. Mr. Plummer: Of that . How much in the original guarantee? Mr. Connolly; It's not an original, the base rent which is guarantee rent does not reflect any of the sales activity. Mr. Plummer: That isn't the way I read the contract, but I'll come to that later. What you're saying to me is that in the base rent the City derives nothing from the retail stores or the liquor or any of that? Mr. Connolly: Not in the base rent, no. In the performance rent they get 20% of net cash flow of all bedrooms sales, all retail sales, all food sales, and net rents. In other words, the Developer has a master lease for the whole project, He in term will obviously sub- let some of the retail spaces to establish people in the business, and for that... Mr, Plummer; What guarantee does the City have that in fact they will pursue the rental of these retail stores, so that we in fact will have 12 something to participate in the 20%, Mr, Connolly: We get 20% of the net cash flow of that $?.000 a square foot, in addition to that, the Developer will have participation rent from all of a sub=leasee atd we get 20% of that also► Mr. Plummer: What you're saying is the motivatiig factor will be the 80%. Mr, Connolly: Yes sir. Mr. Plummer: Alright Mr. Connolly I want you to define for ire sir, What is a first class hotel? To be a first class hotel has been always governed by a man's pocketbook. Everybody wants to go first class. Now, to me just to say a first class hotel doesn't describe anything. Mr. Grassie and I stayed in a first class hotel in New Orleans and I wouldn't give you ten cents. Mr. Grassie enjoyed it, but I wouldn't give ten cents again to stay there. The reason for it is he got the king size bed and I got the roll- away, now if you call that first class I don't. All I'm saying to you is I think the Developers as well as the City, want to have and should have, the finest facilities. I feel that the wording and just wording of first class is not descriptive enough to act- ually imply what we the City feel is first class, I think it's got to be more descriptive, in other words, some minimum square foot of a unit. Are we talking about first class, and excuse me for mentioning names, but to me a first class hotel is the Four Ambassadors, they don't have rooms, they have suites and that's first class, and if you use that as a comparison to other hotels in this area which are considered first class there's a big difference. Mr. Connolly: I'd like to point that, that the American Hotel Association does have a set of definitions of hotels, top class it's called'deluxe class, and that consists of basically a hotel of nothing but suites. The next is first, second, third class, and there are space and minimum requirements and the type of facilities, and we can get the definition, and... Mr. Plummer: Look, contracts as far as I'm concerned, the protection you try to build in them is to avoid problems at a later time and I think that the more you put into a contract, even though it can use for argumentative sake, I think the intent should be spelled out as clearly as possible. Rev. Gibson: J. L., why wouldn't he say that we would use their discription, the American Hotel? Mr. Plummer: Fine, as outlined in the American.... Rev. Gibson: Or a like organization, you see then that would avoid having, you know, you and I may say one thing and the boys in the trade may say another. Mr. Plummer: Well, I just think, you know, I'm not trying to set the scope as what is a first class, but I think it should be delineated to the extent that it avoids at a later time what is in fact first class. Mr. Connolly: For direct comparison let me point out that the Omni International Hotel is a first class hotel. Mr. Plummer: I agree, Mr. Connolly: The sizes of the rooms, the accommodations in the public areas are basically of that type that we are looking at in this hotel. Mr, Plummer: Well, I still think that in fact as Father says, if you want tJ put the wording in, as defned in the American Hotel Association, or whatever, use that. That's fine with me. Mr. Connolly: Alright. 13 .JAN 241978 Rev. Gibson: Right, Mr, Plufnter: Alright, now the big one I'M going to come back to, so let fee thumb through, The one that we got into a big hassle with,,,. I didn't have ahy paper clips so that's why I'M having a problem,, Mr, Connolly, I did hot have the availability of going back, I'm trying to find and maybe you can help me, that area in reference to a big hassle before this Commission, in reference to arbitration, If I at not mistaken, Father Gibson was most insistent that the arbitration would be before this Commission, Rev. Gibson: That's right. Mr, Plummer: And, we changed the wording, that it will not go to the American Arbitration Association, that we would be the judge before this Commission, Mr. Connolly: The City is one of the principles in the agreement. Mr. Plummer: That is correct sir. That we would iron the problems out here at this Commission level. That's right, we don't have to go to arbitration. We're the final word. Now, if you got to arbitration, ... Mr. Grassie, surely you remember this argument before the Commission. Rev. Gibson: But you see Mr. Mayer if you go to arbitration, you know, if it's not going to binding.... Mr. Plummer: Now, why put into a middle man and cost this City a lot of money when the buck stops here? Mayor Ferre: Alright, I'll tell you from a practical point of view doesn't really mean that much for a simple reason that you always have the courts, and what you're saying is instead of having the arbitration go to the American Arbitration Society, the arbitrator is going to be the judge because you always have the relief of a court, I mean obviously we can't force upon you. Mr. Plummer: But Mr. Mayor, the point I'm trying to make is that that was argued here before this Commission. It was told to the Administration what to do, but yet when it comes up for final approval I find it back in this new agreement. Mr. Connolly: Excuse me J. L., Mr. Plummer: So, please where am I wrong? Mr. Connolly: That was not ever brought up in the discussions of this agreement. It may have been brought in some other agreement, perhaps the Watson Island one where the City really is both sides of the fence, but you never brought it up in the previous discussions of this agreement. Mr. Plummer: Well Mr. Connolly if that's the case, obviously you remember it being somewhere .... Mayor Ferre: Yes, yes, but there's a big difference. Mr. Connolly: No I don't. Mayor Ferre: I mean you're making a pretty heavy accusation there and what you're saying is .... Mr. Plummer: Mr. Mayor... Mayor Ferre: Just wait a moment let me finish now. That this Commission has taken a policy posture and that the Administration has completely disregarded it. Now that's either true or it's not true, Now I don't care what somebody told you or what you told somebody in a private conversation or talking about Watson Island or the Blimp or anything else. If you didn't say it at this Commission and it wasn't a policy of this Commission on this issue 14 JAN 241978 then t think you are taking a pretty fat out position, which is not accutate, Now, if you happen to be right theh I thihk they are in A fat out pOsitioh because they haVe not paid attention to the COMMitsioh policy, but it cAhlt be both. Mt. Plummer: Mt, Mayor if I am wtong be the first to admit it 1 preface my retarks by saying that I did not have the availability of checking the record, ok, I said that. Mayor Ferret J. 14, the problem is yoursecond statemeht, not that ohe, that's fine, but then you said, well, but it happened some - Where else and you should have been guided accorditg, now come on. Mr, Plumnier: Well, I'm not going to say that that's wrong. If in fact, Mr. Mayor, in reference to arbitration, if it is not binding arbitration which we're not going to enter into and in fact the buck stops here. Why would we do it in any case, because it is an expensive item. Now if I'm wrong in this particular case, if you Wish for an apology or you wish for me to admit that T'm wrong I'll do such, but I think if the Commission establish the policy whether it was here or in another case that at no time or do we wish to go to arbitration, the American Arbitration Association, why would it be brought in somewhere else'? I don't understand. Mr. Grassie: Commissioner, I think that Jim Connolly has attempted to answer that for you, but let me add this. You know, the basic approach that we take in bringing these things to you for your review assumes that you may want to have somethings changed about the document. I think one of the responsibilities that the staff has is to make the best recommendation to you that they know of. One of the things that I assume Mr. Connolly is telling you is that it would be his recommendation that in fact you include an arbitration provision in this kind of contract. You may decide not to, but in terms of the interest of the City you have two choices, either you have an arbitration clause in there which may allow the City to work out some of its problems with the Developer without going to court or you have to let problems build up to the point where both sides are really without recourse other than going to court. At that point you really have a break -down situation. What this provides is a safety valve, you may not want that and I gatl:ler because it is included in the document that what the staff is suggesting to you is that it may do you some good, and that It is the sort of thing that this Developer and other Developers would like to see as a kind of a middle ground to try and get pass problems before you go to court. Mr. Plummer: Mr. Grassie, if I were to accept your terminology nobody in his right mind could vote against it, but I don't accept your terminology, that it is in fact a safety valve. Now that's what you wish... let me finish Mr. Mayor... Mayor Ferre: Now, Plummer, look,if you don't want it you make a motion and as far as I'm concerned it's gone, ok, I'll vote with you, how is that and I think Gibson will vote with you, let's move along because otherwise we'll be talking here all morning and I do enjoy listening to you, but I think it's getting long now, so make your point and let's move along. If you want the arbitration clause out... There's a motion. Is there a second? Mrs. Gordon: Wait a minute Mr. Mayor, there may be other changes, why don't we just hold all changes? Mayor FerL'e: Well, otherwise, we're going to be wasting hours and hours talking about things that you know, frankly I think whether we have an arbitration clause or go to court on something is not that material. In my personal opinion an arbitration clause is a hell of a lot better thing for the City than to have to go to the long harangue of going through state courts and then appeals and thewho hit that would keep something in courts for years and years but that's a matter of opinion. I'm perfectly willing to bring it to a head. Plummer makes a motion, Let's get a second on it and letls..s. Mrs. Gordon: What rage are you on that's... Mr. Connolly: 47. Mayor Ferre: It is also in the construction agreement on page 31, It is both on page 31 and on page 47 and all it basically says is that we are going to follow on arbitration procedure` That is the standard type of a thing and a lot of contracts. I happen to be in favor of it. you're against it, fine. Mrs• Gordon: Which says the rules; it doesn't say that the.... Mr. Plummer: Rose, I agreed with the rules,that you follow those kind of rules. Mayor Ferre: Let's read it into the record, so everybody knows what we're talking about. All claims and disputes and other matters in question arising out of,or relating to,this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Mr. Plummer: Period. (.) Mayor Ferre: Period (.). Notice of the demand for arbitration shall be filed and so on and so forth. The demand for arbitration shall be made within a reasonable time and so on and so forth, ok. Mr. Plummer: In other words, you will go down to the word otherwise, (.) and delete from thereon. Mrs. Gordon: Right. Mr. Plummer: I agree with that. Rev. Gibson: Let me ask so I could be clear. Are you going to use the word, binding arbitration? Mayor Ferre: Well, I think it's binding for a very simple reason and the Attorney can clarify it. It says,this Agreement or the breach thereof, shall be decided, well when it is decided, that means that it's obviously binding, because, if the procedure brings a decision then obviously it's binding arbitration. Mrs. Gordon: Yes, because if you read the third line from the bottom it says that the arbitrators shall be final and judgment and binding. Mayor Ferre: The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with the applicable law of the State of Florida. Mrs. Gordon: Which is binding... Mayor Ferre: Binding arbitration. Mr. Plummer: That's right. Mrs. Gordon: And that's what J. L. and you and everybody else does not want. Mr. Plummer: That's right. Mayor Ferre: And, I'm perfectly willing to go along... Mrs. Gordon: So why don't you just have that whole paragraph reworded and leave it open for rewording? Mr, Plummer: Well Rose_what I'm proposing that 19.4 arbitration the wording be left in down to the word otherwise (,) and the rest be stricken, Mr, Connolly: I'd like to point that the last line on that page, 16 JAN 241978 that should Mayor Ferre on the work arbitration be part of that paragraph Yes, because that's for us. The I3evelopet shall carry and Maintain the DeVelopet's schedule during any proceedings. Mr. Plummer: t agree. Mrs. Gordon: The x-ing out then would be from notice to the word Florida. Mr. Fluitmer: Correct. Mayor Ferre: Does that satisfy you? Mr. Plummer: Surely. Mayor Ferre: as far as our stricking out Alright Mr. Knox how much does that plug the agreement rights are concerned? Are we weakening our posture by the definitive language starting with the word notice? Mr. Knox: No sir. The effect is that as read with the deletions their is no one who is designated to be the arbitrator. Mrs. Gordon: No it isn't. There is no designee, but in the absence of a designee it leaves the Commission with the decision of who to appoint. Mr. Plummer: That's right, either handle it ourselves or appoint someone. Mrs. Gordon: Exactly. Mr. Grassie: Well, my impression because I don't want you to be mislead on that. Mayor Ferre: Which therefore means that if we get into a problem we're going to end up in court, so that's why I accept it because you know, under the American Constitution you can't take that right away from people unless you voluntarily waive it and what you're in effect doing is you're putting in something that really has no substance, so that's fine. I'll vote with you on that. Mr. Grassie: I think the Commission should not be mislead. The rules of the American Arbitration Society provide for the way in which arbitrators are selected,so the City Commission will not have the ability to simply do what it wishes in that regard. Mrs. Gordon: Well, that is the reason why Mr. Grassie I suggest we left the whole paragraph temporarily aside until we find a suitable substitution rather than what we're doing. J. L., if in fact the rules of the Arbitration Association does alienate that we must do certain things that maybe we don't want to do .... Mr. Plummer: Well Rose, it was as I understood it and if I'm incorrect or Mr. Grassie informs me that it was this argument before Watson Island if that is the case then I stand corrected, What we accepted Rose as I understood. We accepted the procedures as outlined in the rules of the American Arbitration. Mayor Ferre: J. L... Mr. Plummer: All I'm trying to say Mr, Mayor is arbitration, anytime I have seen it is expensive. It is not binding. Mayor Ferre: None of the expenses is going to the federal courts. Mr. Plummer: Well, it's not binding and they're going to make a recommendation to us which we can do whatever we want anyhow, so why go to all of the expense and delay? Mayor Ferre; Mr. Plummer, I would recommend that we get the language that we used in the Watson Island contract, Would you have somebody 17 JAN 241978 get that for us? Mrs, Plummer: Fine. Mayor Ferre: And, then we will come back to its I think Mrs. Gordon's recommendation is proper, We'll wait until we get that and then we/it get into that. Mrs. Gordon: Insert the right language then. Mayor Ferre: Alright, nekt question Mr. piuthi1 er. Mr. Plummer: Well, I have two issues Mr, Connolly and the first one I have a little concern, this is, I guess mire of a philosophy type of thing. I noticed in the contract that Developers in the hotel will have meeting space and it's delineated. There is so much square footage for that. Now here's my problem. My problem is are we the City, who if they use our facilities going to derive at direct rental going to be in competition with the Developer who would in fact use his own facilties first without a rental and net use the City in which then we would not be getting 100% of the rental. We would be getting 20%. Do you understand what I'm saying? Mr. Connolly: Yes sir. Mr. Plummer: Now, it was my understanding from the original concept that the hotel was an accessory to the Convention Center. Now you are including in the hotel, meeting space which is like a convention situation. In addition to it would seem like to me that the wording should be that if it were not available and they were to use their own. In other words, what I'm trying to do is to protect the City. We've got a hell of an investment there. Now if I were sitting back and had the leeway and the latitude of saying, hey, I'll use my own 30,000 sq.ft. or I'll use the City's which I've got to pay a rental for, there's no question which I would use. Do you have any problem with that? Mr. Connolly: I think that the Developer may have. I'd just like to point out one thing. In the discussions with all of the Developers we pointed out that our feasibility study indicated that we did not have for the money we had, we did not have an adequate number of meeting rooms and we would like to see six or eight additional meeting rocms in the private sector, because when you look at the total scope of the conventions held and they're actually meeting more require- ments. We could handle something like only 60 to 70% with the meeting room total we had,and by adding eight additional meeting rooms we would increase that possible market coverage to over 90% and part of the response from the Developer was that purpose. Mrs. Gordon: A1sI see J. L. a complex sometimes where the space we have has been booked in advance and that would really put a hardship on the hotel. Mr. Plummer: Well, Rose that's true, except when you come back on page 18 and there it speaks to the use of the Convention Center by the Developer in which he has priority. Now here again, what is priority? Priority means what, absolute, you know, does he have to stand in line, can he boot somebody out if they're already there? I don't think it's quite that clear when you come to the point of priority. Mayor Ferre: Well, I think the answer to that is similar to President Carter's answer on the Panama Canal about who goes to the front of the line? Mr. Plummer: That's the American Canal and Panama. Mayor Ferre; That's right and the American Canal and Panama, I think is very clearly defined that you know everybody can use it and in case of war American Warships have priority and I think what this means is yes, everybody can use it but obviously the Developer has priority in using it since that's tied into the deal, that's why you know, we don't want that because we don't get a Developer and we just 18 JAN 241978 build a Conference Convention Center for i Milion dollars and no hotel, no Develoer, Mr, Plummer: Mr, Connolly, how do you understand it tit? What is your understanding of the word priority? Mr, Connolly: It's very similar to what we have at University, basically we have a triumvirate where you have the City, the University, and the Developer, and the priorities are equal amongot those three compared to any other physical entity, In other words, if somebody comes in from the outside and the City has already scheduled something or is planning on scheduling something in their own spaces and the Universities and the Developers , , , Mayor Ferre: Well, be careful now because that's like my uncle used to tell me , you know, when I used to complain about, he says well, you know we'll all equal but some of us are more equal than others and that's not quite, you know we have a triumvirate, except some of the members of the triumvirate are more equal than others. Mrs. Gordon: I think J. L. has a real good point there and that is the priority, the use of the priority the way you have it in the contract indicates the number one priority and then the other two are number two and three or two on equal basis, however, I think it needs a little more clarification there that the City is the number one priority. Mr. Plummer: Well, also my concern, I don't want to overlook the other concern Mr. Connolly and that is, you know,is there any clause in there that the Developers shall use the Convention Center and if not available then his own space. I'm concerned that in fact we're putting the Developer in competition with the City and that bothers me. Mr. Connolly: I don't really believe we are, you know the three are all in the same facility and awfully good of the facility itself. Mr. Plummer: Mr. Connolly, let me bring to your attention one other point, ok. Maybe it's bad for J. L. to travel. I just returned from the Superbowl and that was in the Superdome. One of the problems there that they're encountering is because of the fact that they spent so many dollars to incorporate Convention Facilities into the Superdome. Mr. Connolly those facilities are boarded up and are not being used and one of the main reasons is, is because of the Hyatt House who they're not incorporated with is a walk away and have their own convention facilities. In other words, Hyatt House is not going to pay the Superdome Authority to use their meeting rooms when they have them themselves in their own hotel and don't have to pay a rental fee. Subsequently, the bottom line the facilities that they have spent so many dollars for in the Superdome are now boarded up and not being used, now that's my concern here. Is that what we're going to be doing? Now you speak to it, it's a concern to me. Mr. Connolly: In terms of scale, the City has a 5,000 seat auditorium, 40,000 sq.ft. of exhibit space and 12 meeting rooms that covered two floors. The Developers meeting space is a half of one floor. Mr. Plummer: I understand Mr. Connolly, but there again if you were to take, I think, it's 30,000 sq.ft. is that was my question? Mr. Connolly. Yes sir. Mr. Plummer: Now, 30,000 sq.ft. could put on a small exhibition, and they can do it within their own hotel. The City's facilities would not come into play except in the area of parking and the City would be bypassed if only receiving 20%, whereas if they wsre forced to use our facilities and then if not available, their own. We would get 100%. Do you understand what I'm saying? Mr. Connolly: I understand what you're saying, Mr. Plummer: And, you have no problem with that. 19 IPS 'JAN 241978 Sr, Connolly: I think the Developer might have a problem with that, :'r. Plummer: Well, you knows here again.,, Mrs, Gordon: Let's ask him, Mr, Plummer: Let's get it on the record, get it clear now, Mayot Ferre: Mr, Plummer? Mr, Plummer: Yes sir, Mayor Ferre: Mr, Worsham, ,,, we're getting to a very important point and I want to have a full Commission here, because I think we may be getting very close to a jugular Vein here and I want to make sure we understand what it is that we have done and where we are, I think you have to understand that this is not the regular run of the mill usual governmental project to build a Convention Center, Let me remind you that we went at one time to the volunteer work of Maurice Alfred. We went up to Atlanta and got a very distinguished firm, by the name of Hammer(What's the name of that firm)? Helmer, Salier, & George, they came down here and looked at the possibilities of putting a Convention Center on Watson Island. Their conclusion was don't do it, because you're going to do nothing but lose a lot of money. Now, why? Well, because there already are 200 Convention Centers in these United States that are dying on the vine, little small Convention Centers, like we're going to be. This is not a major Convention Center. We're going to be out there competiting with hundreds of others, you know, in Tampa or Jacksonville, Orlando. They all have Convention Centers this size. Now, what is it that we're going to do that's unique? Well, what we did, you got to remember the sequence of all this now, because that's the whole crux of this matter. We took our 5 million dollars, we then added another 5 million dollars of oursto negotiations with the County, we then got another 5 million dollars from the federal government and we got 3 million dollars from the University, and with that 18 or 19 million dollars we bought a piece of property for 4 million dollars and we're proposing to do this, but if we do it by ourselves alone we're going to have a flop, so the genius of this whole project is that we were able to get the University of Miami into the picture, that's the first step,not only did we get 3 million dollars from them , but they're bringing in 50,000 people as is to conferences, medical conferences, this conference, that convention, and that other thing, and that is a built-in clientele that we in this Convention Center have gartered unto ourselves. Now the second move that we made is we said well let's go out and get somebody in the private sector and get him to put up some money to build a hotel so that it really is an anchor. Now, what is it that we gave up to the University of Miami for having done this? We basically gave them priority and somebody said, oh my God, you've given the University of Miami one hell'uva deal. Of course, we gave them a hell'uva deal. We gave them a hell'uva deal because as they succeed we succeed. Now, given that as a premise, it's a little bit harder because Worsham is not the University of Miami, and therefore, it's a little harder to grasp the concept with somebody that's out there trying to make a profit, rather the University of Miami who is not making a profit, but giving a service, but the premise is still the same Rose, and the premise basically is that if they succeed Worsham and his financiers.., Mr. Worsham: Yes Mr. Mayor,. Mayor Ferre: Wait, wait- a minute. I'm not finished. I'm just waiting, Plummer don't walk away now. I'm waiting for Rose to get off the phone, Alright Plummer, just for a second. I'm almost finished, If Mr. Worsham & Associates, that means Turner and Frank J. Rooney and their associates and the insurance company that's going to lend them 25 million dollars or whatever it is to go ahead with this, and the investment they have into this thing. If they succeed, then we succeed, why? They're able to pay down their debt, which means the project is going well, What does that mean for us? Well, what it means for us is that we're going to have a successful Convention Conference Center, They're going to make a buck, of course, they're 20 JAN 241978 going to snake a buck. They're not interested in coming in this just for the fun of it, and if they make fYtohey we make Money because we're getting a part of that. So, ih sote Substance please like the thing on Simple Simon, keep your eye on the doughnut and hot on the hole ... the sense of this is that we have a multi., purpose unit going on here that we're trying to put together and it's not an easy thing to conceptualize. I recognize that, but it's the only way this thing is going to work and we've got to be very careful what it is that we're tampering with. That's the end of my speech. Mrs. Gordon: Ok, what do you want, speeches? I think that we ought to move ahead. I think personally, how I feel about it. There will be such a demand on that little space that we call a Conference Convention Center that we won't be able to accommodate all of the requests that will be made to use it and the Developer will be so glad and so will we that he has space to put some additional bookings because otherwise he won't fill his rooms,, am I right? Mr. Worsham: Yes ma'am, and we envision this project as a partner- ship with the City and with the University, all of us working together, and to that extent, you know, we're investing some 30 million dollars into the total concept. We feel that more meeting rooms are needed. Mrs. Gordon: I agree with you. I don't think I have a problem. I don't think J. L. has a problem either. I think he really wants a delineation of priorities and I do too. I really want the City to have number one priority on space, because you know, that's our Convention Center. I want us to have first priority and the hotel second, Conference Center second, I don't care if it's A,B, B-A, but I mean, the University and the Hotel, but number one, the City. Is that agreeable, agreeably understood, because we only have that Bayfront Auditorium now, that we could even call a Convention Center and everybody knows you really can't call that a Convention Center. Mr. Worsham: Mrs. Gordon, with reference to that, we've had several discussions with major management firms throughout the United States, and we see that again this facility must operate as one. Now the University is going to be carrying on it's conference programs,... Mrs. Gordon: True. Mr. Worsham: Especially in it's program. However, the City facilities, the banquet, the exhibition space, etc. really has to be working with the hotel and it's not really a matter of priority systems as I see it, you ktow, we're talking about a few meeting rooms that we're paying for, because we feel they're necessary to be added. If the City would like to build those meeting rooms, you know, obviously you would get 100% of the revenues from those particular meeting rooms from the hotel. The way I envisioned it it's not a matter of whose meeting rooms we use first. It's a matter that the Convention Conference Center must work together with the hotel. Mrs. Gordon: I'm not arguing that point, and I don't I've made it clear to you what I feel. I feel we've been hungering for a Convention Center for a long time, long before I ever became a public official I was listening to Convention Centers being contemplated and never built and I hope and pray that this one will be finished while I'm still in office and I think it will be, but I still don't want to preclude conventions that are locally based, that are not necessarily coming from out-of-town, and therefore, we can't accommodate them because we can't give them time or a date when they can operate. Do you follow what I'm trying to insert into the contract? Mr. Grassie, have you any comments with regard to the source that I'm bothered by? Mr. Grassie: I think your statement is quite clear Commissioner, and I think you're showing a concern for the local organizations, which we all need to be concerned about. The basic philosophy that Mr. WorsbPm is trying to put forth as I understand it and I think what is carried out in the contract is the idea that the center is not going to succeed if we're pulling in several directions, that the management of it is really going to have to be pretty uniform in its approach and pretty agreeable to everybody's objectives. We can't 21 1110111 111111111111000.4 JAN 241978 r- have a lot of disagre, ..cents and still tun this center. Now, the question really then gets to be, how do we take care of the need that you're talking about for the local convention or local group meeting? How do we take care of that, and still not harm the overall program of the Conference Center? Mrs, Gordon: That is a delicate question. Yes, how do you do that? Mr. Plummer: But isn't it better to discuss that now and get it clarified before we get into that problem? That's what I'm trying to do. Mr. Grassie: I'm not sure that there is a way of getting that down on paper in such a fashion that we can avoid any further discussion of it in the future. I do think that we have to a in the manage- ment of our Conference Center, we have to make sure that the relation ship of our people to the Developer as such that they remain aware of, remain sensitive to this need that you're talking about. Now, what I'm saying is kind of intangible and consequently, less easy to accept, because it depends on human relationships in the future. I just don't know how you put that down in such a way that you don't cause yourself more problems than ... Mr. Plummer: Mr. Grassie, let me bring to your attention, maybe a problem that existed and was brought right to the laps of this Commission prior to your coming here, and that was the booking which is really what we're talking about here in the Orange Bowl and the Commission might remember that one person would go in and say I want these, these, these and these dates and never had really any intention of using them, but indicated over a telephone that they wanted those dates and because of them blocked them out from anybody else ever using them until, I think, i was five days prior) which would preclude anybody else from going in. Now, this Commission then said, hey, you can't do that anymore. You got to put first your request in writing. Nu:,tber two, you got to put a deposit and number three, it's got to be fair. Now, I think what we're saying is define the word"priority." If the City has booked a convention or booked the space, does priority mean which it could be interpretered to do such that the Developer, or the University could come forth and knock out that booking on a priority basic. I think you must define the word, "priority". Mr. Grassie: Well, if I understand what the intent is, what is intended, is that the facility operate in such a way that if you have one affair which is going to take one of your major rooms for four hours and the availability of that room is crucial to either getting a five day conference or not getting it, that the management of the whole center will be such that you'll organize your bookings and do it in such a way that you would ... make it possible for the five day conference to come. Now, that could in some instances, I think we have to realize, could result in moving one of those three hours affairs. I think we have to assume that the Center is going to be operated so as to minimize that kind of conflict, and I would think that in the City's, in your own long-term best interest you would want it to operate that way. Mr. Plummer: Well, Mr. Grassie, in the contract as I recall with the University, there is a provision for an authority. Is it called the Convention Center? Mr. Grassie: No it's not an authority... Mr. Connolly: Advisory Committee. Mr. Grassie: Advisory Committee that's correct. Mr. Plummer: Advisory Committee. Ok. Now, are they going to be the final word of who has the so-called priority, because here in this contract, the way I read it you are conferring upon the Developer the priority rather than the Advisory Board. Mr. Connolly: May I explain a little bit of.,. in the agreement with the University and also we're talking about here is that within 22 JAN 241978, the space that's built with the Cityts dollar, the City has absolute primacy . Within the space built by the University dollars they have primacy and the space of the hotel they have primacy. The program sales people, alright, all answer to one man, he's a City employee. The Lirector of the Convention Center is a City employee. Mr: Plummer: He's the last word? Mr. Connolly: Yes, and then if you get no where there, you go to the Advisory Committee which is appointed, majority of Which is . . i Mrs. Gordon: That's not what this says. Mayor Ferre: But... Excuse me. There's a very, very key point. If you look at the question of where the committee is, somewhere in here it says that there will be a committee... where is that? Mr. Connolly: It's not on that cover letter. Mayor Ferre: It's not on the cover letter? Mr. Connolly: No. Mayor Ferre: Here, here it is... , and that's one of the questions that I eventually have on this ].ittle thing and that is this one. I'm not on page 4 of this Development Proposal, ok. It says, the governing board shall he composed of members of the City of the University and the Developer, with the Developer or his represent- atives having a voice equal to t:h,2 City -University. In other words, what it basically says is that they will have SO% of the governing board is that correct? Mr. Connolly: No sir. Mr. Plummer: Not if then e's z:nree parties. They'll have a third... Mayor Ferre: There's a contract, page 3 operations. I'm on page 4, we're talking about the Operations. Item #4 says the governing board shall be composed of members of the City, the University , and the Developer with the Developer or his representatives having a voice equal to the City -University. Does that mean that each one will have one-third or does that mean technically, and I'm not a lawyer, but I'm sure that's an ambiguous statement, but it would be construed as saying that if they have an equal voice to the City - University, that means they have 50%. Mr. Connolly: That was their proposal. I had discussed that with the University and with the Administration. The City has a majority vote on that board with the University having a lesser vote and in the discussions we had we had come up that the Developer's represent- atives would not have a vote, but they would sit at all meetings and have a part in determining what policies were to be. Mayor Ferre: Jim, I don't mean to be rude to you, but ... if I may finish Rose , then I'll recognize you. I promise you right after that, unless, you want to do it now? Mrs. Gordon: Just one, that I think clarify the problem. One word under 8.2 on page 18, the Developer and/or it's hotel manager and hotel guests shall have the eugal priority. If you say that, that doesn't eliminate the City and the University. Mayor�Ferre: Now, can I continue making my statement? Mr. Connolly, I don't mean to be rude to you, but I think it is a bad thing for this Commission to have a document which we read, analyze and under- stand and be basing ourselves on opinions of things that are not so. Now, if .'.a` you're telling me is page 4, contract phase 3-operations, item #4 is not so, then why in the hell is it in my packet without a correction? JAN 241978 MI-. Connolly: That is the document as it was submitted to the City, it was the Developer proposal, It did not include the final ne .,-otiation. Mayor Ferre: Well what am I? Mr, Connolly: Several things in ... Mayor Ferre: Am I mind reader? Am I suppose to be you know, the Wizard of Oz, am I supposed to know exactly what's going on between this document and that document? Don't you think that you should point out that this is not; you know, that this document is not valid, that's it's been superseded in that point? Would you tell me where in this cover letter? It tells me a development proposal, page 4, item 4, has been changed. Mr. Connolly: That document was distributed with a package as background information, It's basically past history. The two documents are you know updated to this moment and that's the agreement that's been negotiated between the City and the Developer. Mayor Ferre: You assume too much. You assume much, too much. You assume that this Commission has the time and inclination and the ability to be able to guess through all of the procedures of things that have been happening without, and come to logical conclusions, you know, without being properly guided as to what's been changed, either that or you expect for us to rubber-stamp what you've done and that obviously is not happening here. Mr. Connolly: No I didn't expect a rubber-stamping of what's been done. This has been brought for-~?- far discussion. Mr. Plummer: Well, but there have been changes Mr. Connolly. Mr. Connolly: Yes there have. Mayor Ferre: Sure we're voting on it today.... Mr. Plummer: And, if you read .... I think it's in this document, it says this document supersedes and eliminates all other documents. Mr. Connolly: That's correct. Mr. Plummer: Now, you know, I think what the Mayor is saying is that we have been traveling on certain assumptions based on prior meetings of this Commission relating to this matter that we were of an under- standing and accept it as such,and now we find a document placed before us which says this document eliminates all others and there are some major changes in this document, and I think the Mayor raises a legitimate question, that we expected the staff, for example, let me use an example. One of the things that you outlined, I mean, just look at this mass of papers that you have given a part-time official to read. One of the things, and the reason I was going to stop you before , I now read into this document , gambling. Now, Mr. Connolly, that to me,if approved is a major change which never appeared in this document prior. Yet you didn't find it, you or whoever wrote up your paper, you didn't feel that it was significant enough to put in the salient points of change. I think it's a hell'uva a big change. Mrs. Gordon: What page are you on J. L.? Mr, Plummer: Well, I'm going to get to that Rose, because I'm going to tell you something, you know, these are things that just.,. Mr. Reboso: One question Mr. Mayor.,. Mayor Ferre: I'm going to recognize know, but I mean for the moment, Mr, Plummer: I'1 . forgive you, Mayor Ferre: Alright, Commissioner Reboso wants to ask a question, are you finished? Well, 24 'JAN 241978 Mt. Reboso: Yes. Mt. Grassie, ate you aware of all these changes that have been taken place? Are you up-to-date in What is going oh befete these things come before us? Ate you delegating completely... Mt. Grassie: Well, Commissioner the basic negotiations between the developet and the City have been conducted by Mt. Connolly with a lot of other people helping him, but basically he has conducted the negotiations. Nov, I think that his i?+tent in giving you the backgtound document has been so that you would feel that you had an audit trail. That you had the history as well as the t►ost recent work product. Mayor Ferte: That's usually marked out in an audit procedure,-.. you say, so that there is an audit trail. This document doesn't taark anything out and the cover letter doesn't specify that. So, the next logical question-=- if you would forgive the interruption because it ties into this--- obviously, is did you tree( this properly?, which is what he is asking you, did you track it? Did you go through the procedures? Are you aware of the changes? Are you satisfied with what this document says? And secondly, to you Mr. Connolly, have you spent sufficient time with each member of this Commission?, so that as they vote on this document, they ate sufficiently instructed. So that they can; one, ask intelligent questions and much more important know what the hell they are voting on. Mr. Grassie: Well, I'm satisfied Mr. Mayor that this is a good agreement for the city. Now, any time that you get into negotiations that take two months, obviously, you end up with a result which is not the same as where you started out at the beginning of the process. This result is not the same as the Developer's proposal. Mayor Ferre: Noboby expects it to be. That's not the question. I asked one question and you gave me an answer that wasn't an answer to my question. My question basically is to him and let me put it to you in a more specific way. Have you spent as much time explaining this contract with Commissioner Reboso as you spent with Mr. Louis Fisher? Does Commissioner Reboso understand this contract as well as Mr. Louis Fisher? Mr. Connolly: Last Wednesday I asked for an appointment when ever available with all of the Commissioners and I did not meet with them all. Mayor Ferre: But, Mr. Connolly you meet with Mr. Fisher at least once a month. Mr. Connolly: Yes, sir. Mayor Ferre: And it isn't a question of with during the last week keeping up Commissioner Gibson informed one week before "the" day and when we vote. Don't you think that Commissioner Gibson is as important to this project as Mr. Louis Fisher? Mr. Connolly: Yes, of course he is. Mayor Ferre: Shouldn't Commissioner Gibson know as much about this project as Mr. Louis Fishcr? Do you think he knows as much about this project as Mr. Louis Fisher? Mr. Connolly: I don't really know. Mayor Ferre: Well, then I think the question, you know, on how we proceed on this and I think... look T'm ready to vote for this contract and I approve of it in substance, T'•a got four questions and I recognize the importance of voting. I have no problems with the developer, Mr. Worsham and I don't have any problems basically with the procedure. I do have a problem with the way you've handled it and I've got to tell you straight on. And I think that you have kept this Commission not p:operl informed and you expect us to vote on a package that we are not properly informed on. And I think we are going to have to take the time to go through that process here. Because obviously, these questions are coming up that need an answer and this is not a rubber stamp operation. Because if this project is a failure,Mr. Grassie is going to be the City Manager of Timbuktu and you are going to be in New York managing something and what goes back down as a figure is going to be the responsibility of this Commission. Not you. You are not going to get th.; 4ame for it. When the Gerald writes the editorial or somebody writes the... probably it's going to be-- this happened during the administration of Mayor Ferre and when Plummer was a Commissioner and Plummer was the guy that did this and Rose Gordon did something else. Bo, I think the point I'm trying to r. JAN 241978 make and certainly not for this. I have a sense Mr. Grassie, that this is beginning to become a problem in this city. And I have been saying it to you and I'm saying it now on the record, that there must be better cotiaiunicatiotts between the administration and the City of Miami Commission. We are doing things that ate much too, important where we are not sufficiently informed. And I'ii sorry that it happens to come out to a head on this particular matter because frankly, in my opinion this is the single most important project the City of Miami has now. More important than Watson Island, Mr. Plummer: Mr. Mayor, in defense of the people who I have taken the liberty to criticize, I must say to you sir, that as of last thursday I believe-- Mr. Connolly has had and tried to get an appointment with me, My time schedule did not premit and it's most unfortunate. And I explained to Mr. Connolly as of yesterday when he offered the opportunity to sit with the developers, that I had only scanned this contract and that last night I went in depth was the first time that I had to go in depth into this contract. So, I just want the record clear that Mr. Connolly did try to keep me informed. He did try to make an appointment for any problems I had with the Contractor and in fairness to him I want it on the record. Mayor Ferre: J. L., you missed point completely. I agree with that, I'm sure Mr. Connolly did do that. That's not the point, the point is one week before we vote on this is not the time to do it and if he is going to the lengths of keeping Mr. Louis Fisher--- and i happen to be using him because we are talking about the Chamber Commerce Committee that's kind of helping on this. "Good God" man, the people that eventually have the final vote have got to be as informed as that committee. Because we arc the ones that have the responsibility and I'm saving that this is the number one project that the City of Miami has. This is something that this Commission should be totally versed on. Totally versed. Look, you know that we have a tendency to talk on the phone while these things are going on or walk out and that we e,on't read these things until the night before and what have you. That... you know, that's part of the reality. That's not your fault, that's our fault. 11:C::, our weakness. But, taking that into account and knowing that, certainly I think this is something that you have a major responsibility to keep us... to just_ be persistent in making sure that the Commission is informed. Despite ourselves. Mr. Plummer: May I get back into some .ether questions? or what is your pleasure? Mayor Ferre: No, let's get in depth. I'd like to see if we could wind this thing up today. Mr. Plummer: Alright. Mr. Mayor, let me just make a comment to comments that you made when I had to walk out of the room to get some cigarettes. Mr. Mayor, there is a sign is my office which you have seen and Mr. Connolly has seen which expresses my philosophy as to private enterprise. Profit is not a dirty word. Now, I want that man to make beacoup money because whatever he makes I hopefully, am going to get 20% thereof. So, let's don't misunderstand. Number two, Mr. Paul Andrew used to have a comment and said that " anything that came before this Commission could not stand the test of questioning, probably doesn't deserve to stand" and as long as I sit on this Commission as much as I might take advantage of my fellow Commissioners, I'm not going to vote on a single project until my mind is satisfied and my questions are on the record so I make no apologies. Now, Mr. Connolly you made a statement before and I think it should be clarified for the record because it has been changed from the original proposal. Although, your points of change does not indicates the change, it merely reiterates the old policy. I'm now sir into the point that you call; the Developer will provide $250,000 for prepromotion expenses with the city to provide a matchine 250. That's not the way the contract reads, sir. Would you give me the page because I have a mass of paper here. Mr, Connolly: It's on page 50. Mr. Plummer: 15. Mr, Connolly: 50. Mr. Plummer: 50? Mr, Connolly: 50, Paragraph 19.9. Mr, Plummer: I read here , sir; the City shall be required to fund such budget 26 !IAN 24197B in excess of $250,000 and not less than. f don't see the sate tegpottsibility under developers. It was my undetstatiditig atid if you read this which you put The wording of this contract.,. Mr, knox, youing to this contract sit`' .t's hot, out, it's a fife fiftytoostion. According are the legal,,, it is my ufiderstanding that the developer will put up a flat $250,000. If it goes to $600,000 the city has just contributed $350,000, yet when I read yours here it gives every indication of what this Commission understood before, that it was a fifty fifty proposition. I asked for clarification. Mr. Knox, how do you read it, sir? Mr, Knox: Reading paragraph 19.9 as to the City's requirement it appears from the language that's used that the City is required to fund anything over $250,000, Mr. Plummer: Over 500,000. Mr. Knout Well, The first $250 is funded by the developer and then anything over that is funded by the city with a minimum contribution of a hatching $250,000. Mr. Plummer: The word providing matching $250,000 to me is quite clear, but that isn't what I read here. Matching dollars are matching dollars. Mrs. Gordon: I bet you went to law school J. L. for more than one day. Mr. Plummer: Excuse. Mrs, Gordon: I bet you went to law school for more than one day. Mr. Plummer: No, I never went... maybe I would have been better off if I had went for one day. Nov, Mr. Connolly what is it? Mr. Connolly: It's as you indicated that the Developer pays the first $250,000 and the City pays the remainder of the required promotion expenses for the Convention Center and that will be at least $250,00 more. Mr. Plummer: For the record I don't feel that's fair. Ok. I don't feel it's fair. I think it should be... Mrs. Gordon: But, that's not what the summary sheet says. Mr. Plummer: As indicated matching dollars, ok. Mr. Connolly: Well, we don't have a budget worked up for the prepromotion expenses yet and we assumed that they would be $500,000. That's what we are going to try to have as a budget for the prepromotion expenses. Mrs. Gordon: Wouldn't it be easier just to say that it shall be matching up to? Mr. Connolly: In that paragraph it says a mutually acceptable budget therefore shall be prepared by the Developer, it's hotel manager in the city. Mr. Plummer: I understand that. But, why isn't it matching as indicated in your memorandum of January 18th? Your memorandum of changes with the city to provide a matching $250, but when I go to the contract, it's different. Mr. Connolly: Because we are locked in at $250,000 a piece if we make it just a matching and stop. Mr. Plummer: oo, air we are locked in to do a minimum of $250,000. They're locked in at 250 max, that's a big difference Mr. Connolly. Now, just for the record I'm goin, to object to that particular portion. I think it should be... we are into this thing on a fifty fifty basis and I think it should be right down the lire a fifty fifty basis, ok. And I find exception to that. Ok. Now, let's get to this thing called gambling, where did it come from? Why, is it there and being negotiated at this time when it's not even legal? Mr. Connolly: This cane up from the Developer and the reason for it was this, the intent of the Developer is that this hotel will not be a gambling casino if the passed. However, their investors are concerned that if gambling does become legal and is established in the hotels in the City of Miami, they might havF a tremendous lost of revenue and be forced into it and they wanted to have that addressed, Mrs, Gordon: What number is that Mr. 27 Al �- � �#� i41979 Mt. Plummer: Page 26, item 12. bon't you feel ot t feel at leant that if that should someday become legal that that's an opener for renegotiation. iou're throwing it ih with the taught all on that 20%. First of all I don't MOW how you tan even negotiate something that is not even legal. No44, that's fitat and foremost. Mt. Connolly: Mt. PluMMet, to possibly try to coia[ttent ott that subject matter, as 1 recalled from the ptesentation either you ot the Mayor discussed the possibilities of changes it lawn and we specifically mentioned the word "gambling" and I think it was specifically as 1 recalled it-'. that there would be a renegotiation with regard to that. Mr. Plummer: I agree, it should be. Mt. Connolly: Right. And I basically agree with you. we could change some language in that regard so that there could be a renegotiation with the City. But, as Mr. Connolly said we feel that it's very importattt that we have the ability to have that if everyone else has it. Mayor Ferre: 1 don't think Plummer is questioning that. (COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: Plummer agrees with that, I think what he is basically saying is that if gambling comes in you know, and remember it's got to be pass the legislature or the Governor won't veto it and there has got to be a referendum in the change of the constitution and so you're talking about many many years. But, say 20 years from now1there is casino gambling in Miami, the fact is that if Plummer wants you to come back and renegotiate, well what do we get out of it? And 1 think he is completely right. We shouldn't just waive that you know, unilaterally the way we are doing here. I think that's a very very valid point. Ok, what else we got Mr. Plummer. Mr. Plummer: On page 18, under 8.3. Is the concessions caught up in that 20%? Were you giving them the right to put vending machines in our and the universities area? How is that encompassed? Mr. Connolly: Yes, sir all the receipts from any concessions they have or vending machines is part of the cash flow stream and we would get 20% of the... Mr. Plummer: Performance rent. Mr. Connolly: Mr. Plummer: else has some Yes. Ok, it's not spelled out, that's the reason I'm asking. If anybody questions, let me dig out the rest of mine. Mayor Ferre: Yes, I've got some questions. Father you got some questions you want to ask now? Rev. Gibson: No I don't. Mayor Ferre: Rose? Mrs. Gordon: Not right now. Mayor Ferre: Alright, here are the questions that I have. In the summary "Request for Proposal, Development Proposal, Lease Agreement" dated January 18th, -Signed by James J. Connolly. On the back page there is... it says "The Construction Manager is to provide professional construction management services to the City for $15,000,000 the public portion of the Convention Center for a fee of 3.9". Now, as I read the construction document for management it says 2.9. Will you explain to me what... Mr; Connolly: There is a 1.0% for preconatruction services and 2.9% for the actual construction period of the job. Mayor Ferre: Alright, I understand. Now, the second thing that I have to ask you is that there is also provision in here for a lump fee of $585,000, Now, I'm specifically referring to page three, section G. Mr,.Connolly: That is 3.9% of $15,000,000. After negotiating 3,9 we made it 2 11111I mom JAN 241978 a lusip sum payment and I said it would not... Mayor Ferre: Well, is it a percentage or is it a fee? That's My question. I have tit) objection either way. Mt, Ot)tttiolly: It's a fee. It's a lump sum fee of $585,000. Mayor Ferre: Of 585, so therefore this is wrong. It is not 3.9. Mt, Oo:inolly: Well, 3.9% of $15,000,000 is $585,000. Mayor Verret Supposed it coated $17,000,000 to build. Mr, Connolly: It's still $585,000. Mayor Ferret Ok, that clarifys that question for me. Alright, question number two; Construction Management Services Cost, reimbursement or direct out of pocket exposure only until private sector financing is funded at which time a fee of 2.9% shall be charged and made retroactive to being of all contracts executed on behalf of the City -University. Is that in reference to the same thing? Mr. Connolly: Mayor Ferre: Mr. Connolly: Mayor Ferre: you said that Board. Yes, sir. That 2.9 is the $585,000, is that correct? It's 2.9 plus 1.0. That's 3.9% and that's the $585,000. The question of the Governing Board now has been clarified since the City of Miami has the control of the members of the Governing Mr. Connolly: Yes, sir. Mayor Ferre: In request of City -University and I have number 2. The Performance Rent be subordinate to debt service and returned to equity in the amount of $2,450,000 or of hotel private sector earnings per annum to the extent that such rent is not paid currently, such rent shall accrue and be payable out of first available cash flow after current payments. Now, is that in reference and as it finalizes in the document, to the debt and amortization, is that what that $2,450,000 is all about or is that the equity payment? Mr. Connolly: I think we ought to ask the Developer. That's the equity and the debt service. Mayor Ferre: Alright, now, the purpose that we are going to be getting is the operating expenses are all paid for and $2,450,000. of the question is this that the 20% 20% after debt service is met. The the equity portion gets a minimum of what? Mr. Connolly: Yes, sir. Mayor Ferre: I don't understand that. How come the equity gets $2,450,000 a year? Mr. Connolly: No, that's on the total investment by the Developer with the mortgage portion and the equity portion. Mayor Ferre: The total investment is not 2,450,000. Mr. Connelly: No, that's the annual payment of interest on the total investment of the Developer and it's mortgage holder. Mayor Ferre: So, that includes both the mortgage debt and the equity? Mr. Connolly: Yes, sir. Mayor Ferre: So, if the equity... if you say there is 3 or 4 million dollars of equity .n6 there is a mortgage-*- just for argument sake--- of $25,000,000, what you're tacking about is that you're going to be paying $2,450,000 which will service Lain the debt... the interest debt, it doesn't include amortization of principle does it? It does include amortization? 29 Mt. Cottttoliy: Yea, it does. Mayor Petre: That includes aftt ttizatioh of principle, ittterest slid return Ott i1tveatmettt to the equity holder. is that cotrect? Mt, Connolly: yes, sir. Mayor Perre: That is a constant? That doesn't fluctuate? There is to ptoiiisions for a fluctuation of that figure? .Mt. Connolly: No, it does not fluctuate. Mayor Perre: Would you indicate to tt7e what page that's on in the cotitratt itself, the lease and agreements to part? Mr. Plummer: Page 4 and 5. Mayor Terre: No, I'M talking about the least, the document that we are supposed to sign today. What page is that on? Mr. Plummer: Page 4 and 5. Mt. Connolly: Page 5. Mr. Plummer: Page 4 and 5. It starts on 4, those things that are deleted from or deducted from first. It even goes down as far as travel agents fees. Mayor Ferre: Alright, the amount... then your answer was wrong because it isn't limited to $2,45,000. It says or $4,900 per room, which ever is greater. Is that correct? Mr. Connolly: Yes, it is. Mayor Ferre: And since we are going to have over 600 rooms... Mr. Connolly: it will be more than the 2,450,000. Yes. Mayor Ferre: It will be more than 2,450,000. Is that correct? Hopefully. Mr. Connolly: Yes, Mr. Mayor. The $2,450,000 is the debt service that was proposed on the initial concept of 500 rooms, subsequently we feel that there is a demand and need for additional rooms and $49,00 a room is multiplied by 500 rooms is 2,450,000 so we kept the ratio exactly the same, so if we went to more rooms. Mrs. Gordon: I have a very serious question on that page because it's directly in line with our conversation yesterday--- yours and mine. (COMMENT MADE OFF THE PUBLIC RECORD) Mrs. Gordon: It regards the credit taxes toward the return to the city--- the credit of the city's portion. But, in this document it says any Governmental Authority which would have then include Dade County and the School Board, wouldn't it? Mayor Ferre: Yes, but the only portion that's credited us is the city's taxes, they've got to pay the School Board and County's taxes. Mrs. Gordon: Yes, I realize that but, as I read this and unless I'm raading it incorrectly, for the purposes of Performance Rent or net operating profit. The deductable items are those that are innumerated herein and that needs to be clarified. Mr. Connolly: I'll agree with you Mrs. Gordon, if that's--- I don't have the exact language--- what it says, the clear intent is that it's the city portion only. Mrs. Gordon; I realize that, but that needs to be delineated because any Governmental Authority is far beyond the intent that you have with regard to deduction from revenue in order to produce net operating, Am I right? Mr. Connolly; That's right. Yes, MAIM, 30 JAN 241978 May0r Fette: We11, that's something that needs to be corrected, Mts, Gordon: tat could itean an enoftous diffetence in return to the city, Mr, Connolly: Yes, but that's certainly not the intent. What page and I will take the... Mayor Fette: Page 4, Mrs, Gordon: That's on page 4, at the very bottom and the last sentence. The word "any" Mr. Connolly: Alright, yes Maim, we will change that-- the City portion only. Mr. Plummer: Alright, Mr, Connolly let me... Mayor Ferret Wait a minute. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: We are still on that. We are still on page 4, on that subject and then I have two other questions J. L. and then I'll be finished, Mr. Plummer: Sure, go ahead. Mayor Ferre: Alright, on that same page with regards to what the definition of net operating profit and the 20% that we are going to be getting out of the net operating profit. I think that--- and there needs to be an expansion there because not only are we talking about room sales, food and beverage sales, net rent from retail tenants and all other concessions and operating revenues. For example; if it becomes reasonable that we are going to have some very highly sophisticated conventions going on or conferences where you have autiovisual equipment tied up to it and we may want to sell that to the Dupont Plaza Hotel and to the Sheraton Four Embassadors, there is some income to be made out of that. You know, royalties rights-- that type of thing. Are we covered in this? Mr. Connolly: If the City provides those services to other people, that's the City. Mayor Ferre: I'm worried about the City Mr. Connolly, we are not talking about the City today. We are talking about signing a contract with some people that are going to be rendering it's service. I'm not worried about the City--- I mean, that's a... what kind of a answer is that? I'm asking you about this contract. Not the City. About Miami Associates Limited, a Florida Limited partnership. Are we cover? We are not going to render the service, they have the equipment and they have the facilities, I'm just using that as an example. Are we covered in all income? What I'm trying to say I guess is that I think that the language here does not cover in my opinion the full spectrum of potential source of income in this project. Mr. Connolly: We thought we had covered all aspects but,... Mayor Ferre: Well, why don't you specifically add a sentence that says all income that comes out of any transaction or services that come out of this project to this premises. Mr. Connolly: Alright. Mayor Ferre: Ok, then back to the development proposal. 4,-that the Developer --- I'm on page 5 -- have the right to develop Phase B, Dallas Park Hotel Site, in the terms that conditions mutually, acceptable now. There is a portion in here which basically says that they have a right of first refusal and then it defines how that right is exercised and that they have six months. Provided however, that what we eventually signed was something that they've turned down. That's fine and 1 agree with the concept, except that you know, you may have a never ending thing and subject to a lot of law suites in the future. Do you follow me? In other words When you give somebody an option to do something, there has got to be a def:3it'_ve not questions asked, final point where you have got to say that's it. Because otherwise, you know, you keep on going in one of these cycles of... but, yov know, we are going to accept that, but provide it.,, and then there is discussion and then that means that six months after the discussion. You follow 31 JAN 241979 tte Mr. Gtassie? I mean, I've found it in situations and t know we ate dealing with people in good faith hate,. I'm not worried about Mt, Vorgham and the people that ate involved. gut, 20 years from now, if somebody else .'_e involved in this picture and we don't know who we are going to be dealing with 20 years froth now: you follow the picture? If we decide that we ate goi*1 develop this property, somebody has to submit an offer, we give them the right of refusal, they study it and the six months goes by, ok. The way I read this thing, they could have a negotiating session with us George. You know, six days minus two days and then they could say; well we've got six months. Because that was the last time We negotiated. Mr. Connolly: Mr. Mayor, first of all in that paragraph there is a five year termination of that ability to extend the option. The second thing is this Developer has already met several times with seffius which is contemplating building a world trade center on phase (End of Statement did not get on the record.) Mayor Perre: I'm worried about sefrius, suppose they blow up and go to smoke. Mr. Connolly: In my discussions with the Developer, sac are seriously considering position from that which is an additional hotel. I met yesterday afternoon with the Off -Street Parking Authorities Consultants about how it would be possible to build a garage on that site which is absolutely essential for the City's Convention Center and for the hotel. That will be coming up within a month before the Commission. So, we are moving ahead, •they are not just sitting and waiting for the six months minus the six days to come forward and extent. There are definite steps being taken. Mayor Ferre: I'm not questioning anybody's integrity or intentions. I'm questioning a legal document which we are about to approve here, ok. And I'm saying that in my opinion and I guess I should be addressing myself more to Mr. Knox, from a legal point of view that phrase is nebulous. I don't think it is finite. I think it needs to be much more... it has to be tightened up but, so that it's clearly understood that it's...in five years or six months after, you know, it will cease. Now,... Mrs. Gordon: What page are you referring to Mr. Mayor? Mayor Ferre: Well, in the main document it's toward the back someplace, I don't have it... Mr. Connolly: Page 50. Mayor Ferre: Page 50. And it is called the... Mr. Connolly: It starts on 49, paragraph 19.8. Mayor Ferre: Now, the next question that I have is a question with regards to performance rent. Now, previously we were talking about getting 32 of the gross room sales. Mr. Connolly: Yes. Mayor Ferre: Is that correct? Mr. Connolly: Yes, sir. Mayor Ferre: Now, we are talking about 202 of the net operating profit. Mr. Connolly: Yes. Mayor Ferre: Is that correct? Mr. Connolly: Yes. Mayor Ferre: Alright, in your opinion from the projected and the performanceo do you feel that 202 is comparable? 20% of net operating profit is comparable to 3% of gross room sales? Mr. Connol.l.y; In the first two years it's not, from then on it always is an excess of it. I think it's a very good deal for the City because we know by tradition that our feasibility study which is the bcsis for the Developer's 32 JAM 41 f proforma which is done by Otadataneo is traditional about 5t oft the conservative aide from actual bottom tine figures. And I khan that the bevelopet'a proforma IA baeed upon a 52 projection below that so that We can leak at the actual net operating profit being appreciative rote than that's indicated on the proforma sheets. Mt. plutsiffiet: Mt. Connolly, how can you use the projections in the proforma as outlined in their proposal to base upon our percentage whentin fact Most Of this is based on a 100 unit structure with a possible S00? But, yet here today I heat 600. Mayor Ferret Well, all the better for us. Mr. Plummer: Excuse me, Mr. Mayor I wish it was a thousand roots. But, you know what we ate doing here? Mayor Pierre: What? Mr. Plummer: We are protecting this city in case things don't go as rosy as we hope for them to be. Now, if they build a 600 room structure and nobody uses it, their loses are going to be greater than if they built the 500 room structure. We are here to protect this city if things go bad. Mayor Perre: Pine, what's your point? Mr. Plummer: My point is Mr. Mayor, that Mr. Connolly stands here and tells me that their projections are based upon their proposal and I see them as a 300 unit structure which is one set of figures. The other a 500 unit structure which is another set of figure and you are speaking now of possibly a 600 which you have got to change those figures again. Mr. Connolly: I'd like to have a Developer address that for you. The Developer is just working out right now basically a six hundred and seven room hotel proforma. He brought it down with him from Atlanta over the weekend. It's the first time I've seen it. Mr. Plummer: But, yet you are talking about in this contract, as I understand this contract he is limited to 500 rooms. Mr. Connolly: No, it's at least 500 rooms. Mr. Plummer: Minimum? Mr. Connolly: Yes. Mr. Plummer: No,.I wish it was a thousand. No, I really do. Let me tell you right off the bat you can't even handle the Florida League of Cities. Ok. Mr. Connolly: That's why we are considering as a back up position on Phase Bl as an additional hotel. Mr. Plummer: You know, in Orlando we needed... Mrs. Gordon: You mean, ---excuse me--- over the parking structure? Mr. Connolly: Yes, if the World Trade Center does not go ahead we will be looking at a second hotel. Mr. Plummer: You know, the Florida League of Cities used some 980 rooms in Orlando. You can't accomodate that. Unless they use another hotel. Mrs, Gordon; I'm going to say the way I feel, I'd rather see us plan on that second hotel. Mr. Connolly; Well, the other thing--- I don't know if you are fully aware--- there are several hotels that Developers and Management concerns who are watching what we are doing. And the moment that we can move forward you will find at least two other 1 tills going in Downtown. W. Plummer; Hey, that's great, but you know, let me tell you the success of all inmdoor conference and it is always more attended because of the fact that everything is under one roof, ok. When you go into a second hotel and a third hotel and a fourth hotel your conference dwindles. When people can't get reservations in the primary hotel, for some reason they don't go, t don't know why. You know, I'd rather be away from the main humdrum. And you are talking of the second hotel, i don't see where that... Mayor Perre: J. L., till tell you if you'd let me finish with my queatian... Mt. Plummer: I apologize. Mayor #erne: And then we will gat... and then you know, I will recognise whoever is next. Getting back to my basic concerns is a question of the basic return that we are dealing with here and I guess what I'm trying to get to is that with 600 and sum odd rooms it wasn't 3%, you had a sliding scale that went up to 5%. Mt. Connolly: Yes, sir. It started at 3. Mayor Ferret What? Mr. Connolly: It started at 3 and we are not... Mayor Perre: It started at 2 and went up to 5 in this document. Mr. Connolly: Yes. But, that first year will already be the 3% level in that document. Mayor Perre: Ok, but my question nevertheless is have you projected at the occupancy rates that they have and at the figures they expect to charge what 3 to 5 or 2 to 5 percent means versus 20% of net? And let me ask you why I am asking this question, you mention David Blumberg, is that correct? Mr. Connolly: Yes, sir. Mayor Ferre: And you said that David Blumberg said that if we could get 20% of gross profit that he thought that was a hell of a deal, right? Mr. Connolly: Yes, sir. Mayor Perre: Alright, now what he is talking about--- he is the developer, is that right? Mr. Connolly: No, he is the land owner. Mayor Ferre: He is the land owner and he is going to get 20%. Now, that's after debt amortization and does that also include equity? Mr. Connolly: Yes, it does. Mayor Ferre: David Blumberg. Mr. Connolly: Yea. Mayor Ferre: He is getting 202 after... Mr. Connolly: He is getting a base rent which is equivalent to the cost of the land, alright. And he has an equity position and he gets payment on that and then he get 202 of the net cash flow. Mayor Ferre: Is the net cash flow after the equity paid a certain guaranteed minimum? Mr. Connolly; Yes. Mayor Ferre: What is the certain guaranteed minimum that the equity is going to get paid? M. Connolly; Now, I don't know the particulars of his contract. By the way on a question you ,dust asked me, the Developer has worked up three columns of figures for the original proposal which was based upon a percent of gross room sales, The 202 profitable anticipation of the 500 room hotel and 20% profit of 630 34 JAN 241978 tooes is actually 607 keyes. There ate several suites but, under hotel pariines comes out. And based upon that the average per year over a ten year period for the City's portion Would be $401,060. trader the original proposal it Would be 101 which is slightly leas, but as l said it is a very conservative Oh ail of the stet figures. But a 630 room proposal, the City's average per year for the first years Would be $5280060 in the participation area, piva of course affect the base rent. Mayor Porte! So therefore, you think that this 20% of net is better than the 31 of gross? is that correct? Mr. Connolly! Yes, sir. Mayor Ferret Do you feel that way personally? Mr. Connolly: Yes, I do. Mayor Ferret Do you Mr. Worsham? Mr, Worsham: I feel that it is a fair proposition Mr. Mayor. Mayor Perre: No, that's Pot the question. Mr. Worsham: It would cost me more money. But, on the other hand... Mayor Ferre: Again, that's not the question. Mr. Worsham: Yes, sir. Mayor Ferre: The question is is 20% of operating profit in your opinion over the next 20 years more than 3% of gross rooms? Mr. Worsham: I haven't made that calculation. However, let me say this that scale that was proposed that the original proposal was based upon a 500 room facility. Now, if we went to 600 rooms, obviously our capital cost is going to go up you know, is going to go up seven or eight million dollars probably. So, we would probably change the scale. It would still range probably from 2 to 5%, but the level at which those percentages would kickin would have to be... Mayor Ferre: Adjusted. Mr. Worsham: Adjusted to relate... let's get back to our additional capital cost. Mayor Ferre: So, granted that and with that as a condition then you wouldn't have any objections if we inserted in there "either or which ever is greater". Mr. Plummer: That's called getting trapped. Mr. Worsham: I have to think about that Mr. Mayor. Let me... I can respond to that, but I don't want to just this second. Mrs. Gordon: Mr. Grassie, have you had an input on this type of condition from our Finance Director? Mr. Grassie: The basic input that the staff has had Commissioner has been from the Developers and Citizens Group that we've gathered together to help different families. Mrs. Gordon: Have you had any consultation regarding either or for discussing now a return to the city from him? Mr. Grassie: Not from our Finance Director, but from people who are developers and who are in this business in this community. And there basic preference is for the formula that you have in this agreement rather than the gross formula. Mayor Ferre; Well, I think what we ought to do is have both, Which ever is greater and that way those that feel one way are protected and those that feel the (ich.:r way are also protected, Mr, Wors`:aw; The original proposal,,, The Couu4ssion was the one that made the comment that they did not feel a percent of gross room sales didn't reflect 35 JAN 241978 a fair participation to the City. Mr. Plummer: 'That's right. Mt. Worshamt And that'll why we want to the other method. l feel that because of the projection§ which are in a conservative style, that the participation rent in tee of net operating profit will yield more than... Mayor Verret Vine, but than ae a safety provision... You see the primary lender also, has a kicker in there and that is they are going to get 1-1/22 of room sales, right? Mr. Worsham Yea. Mayor Ferret Well, you knows, that's what gave me the idea perhaps the roots sales might be better, really. go, what we ought to do is either or and then you know, if you happen to be right)terrific and if you happen to be wrongjit's terrific, too. But I... Mr. Worsham, I know that you can't answer that at this time. Mrs. Gordon: As a further clarification however, of what you are asking him to consider Mr. Mayor, the 3% is only on room sales. Is that correct? Mayor Ferre: Right, Mrs. Cordon: Whereas the net percentages on not only room sales, but everything else that comes into the pot. Mayor Ferre: Right. But, it might turn out Rose... Mrs. Gordon: But, you say let's have our options open. Mayor Ferre: Let me tell you why, supposed you know, the hotel--- in america anyway, the business cycle goes on demands, ok. Supposed this hotel in which they are going to spend $9,000 just on fixtures is so beautiful and so fantastic that it's going to be 100% full all of the time, like the Regency is in New York. Now, suppose they all sit down and they say " you know, we are doing so well, why are we charging $50.00 a room for, let's charge $65.00 a room" you see, and they are still 100% full. And then all of the sudden, what I'm saying is that we might be better off if we have the alternate of getting 3% of the room sales rather than 20% of the net operating profit. Because I... Plus, if you would look at what net operating-- I mean, what gross operating profit, there is an awful lot of variables in there. Mrs. Gordon: You mean the net operating has a lot of deductibles? Mayor Ferre: That's right. Mrs. Gordon: Yes, I know. Eleven of them. Mayor Ferre: What I'm saying is if we have a put on both sides you know, we got legs to stand on either or and I'm saying... Mrs. Gordon: I personally like the idea. I just hope they like it because I think that gives us the best of two worlds. Mr. Plummer: Mr. Connolly, let me ask you without going into any indepth here of the parking structure. Somewhere in this mass of paperwork I read that the parking structure is a intricate part which we agree. Is that beyond the scope of the $41,000,000? Mr. Connolly: Yes, it is. Mr. Plummer: And that is the City's obligation? Mr, Connolly; Yes, it is. Mr. Plummer: And how much money is that? Mr. Connolly; 5,000,000 is the rough approximation that we Mr. Plummer; And do we have the money for that in hand? are using right now. 36 JAN N i4 Mr. Connolly: Not we don't and when we first thought of this over two years ago the OffAStreet parking Authority had adequate coverage, they do lid longer have as you are well aware, th the discussions l have had with the Authority and with their consultants, f believe what we till be able to work out es an agreement is this; if the City will make a cotmnit ieht for the coverage which is approtimateiy $500,000 a year and not for the tetra of the bond which is like 25 years; but for the first four years. We tan move ahead right hot* and get the money for the garage. The reason for the four year term Mayor Perte: Well, we have to do that. Mr. Connolly: The reason for the four year terra is this and this is the new point in the negotiation I've Lade and they seen to agree with it. Number one; everybody on the Authority thinks that they are going to be out of their coverage problem within four years and they can accept this. Number two; I believe that the amount of activity in the Convention Center Garage will provide a coverage an excess of 1.5. And actually will benefit the Off -Street Parking Authority's portfolio if they do accept it its side. The third thing isIthat itt making this pledge for the $500000 a year, the City has to have a firm known non-advalorem revenue source attd that's the only kind of source that will be accepted by the Bond Underwriters. However, the City will make separate agreements with the hotel operator, with the University, with themselves and snake a certain pledge for coverage and also with the World Trade Center or the second hotel. So, that if we do have to cover the bond we will be reimbursed for a major portion or from the other physical members of the group. Mayor Ferre: .1. L., that works out and I will tell you... Mrs. Gordon: How about a Revenue Bond then? Mayro Ferree Yes, it's a Revenue Bond, but it's kind of tied to the City for whatever they don't cover. And I think the point of it is simply this that under the Charter and under the Indenture--- the Bond Indentures that they have they have certain specific limitations and they are all to alter conservatives. I don't think he had any... Now, wait a minute, nothing like that exists anywhere in the County except at the Off -Street Parking Authority. Now, we have to progress one of two routes, we either change the premise of it which Mitchell Wilson has been against. And that means we would have to change... That would probably require a Charter change, wouldn't it? Mrs. Gordon: What kind of change are you talking about? Mayor Ferre: The Off -Street Parking Authority, the Bond Indenture that we have to go in there and refinance that whole... Mr. Grassie: Well, you would have to go and refinance and you would have to alter the existing ordinance which sets up that bond. Mayor Ferre: Yes, ok. The other alternative is for us to say "ok, leave it the way it is and we will help in whatever shortages you have and that's a guarantee". Now, it functions very similar to the way we have gone into housing. Now, how are we going into housing? Well, we got our $25,000,000 bond issue and remember it's a kitty, it goes into the bank as a guarantee on a short fall. Hopefully, with the title VIII and the County's Revenue Bond Issue they won't need to touch our money. If they do, well fine. That's what we have it there for. Now, that's the same type of approach that I would imagine would be needed so that the lenders under the Bond Indenture that they have would feel safe. But, I think it's much better than . expected if it's only for four or five years. That's terrific because Mitchell Wilson told me that it would be for the full 20 years. Mr. Connolly: I don't believe it has to be. Mr. Plummer: Well, Mr. Connolly, let me tell you bothers me, sir. You know, Mitchell Wilson stands up here and screams and hollers and rightfully so, because let me tell you something nobody enjoys the success more than the Off -Street Parking Authority, And I vividly recalled when we ware talking about the construction of the Downtown University, the Dade Junior Campus in which we tried to get Wilson to dedicate a part of that parking to the school, And he stood up here and screamed loud and long that under our bonds we cannot do it. You :remember that ? Or do the Commission remembers that? Now, :ay probieta is here you are guaranteeing in a contract to the Developer a parking structure for approximately $5,000,000 for which we don't have the money. Which you hope to 37 BAN 241979 negotiate with the Off4Street Parking Authority, but yet you ate enforcing through thin contract rules and regulations which l know are contrary to the way the Off -Street Parking Authority operates. Mayor Petrel He has answered that. Mt. Plummer: Maurice, there is indicated in here that they will have a priority for the hotels that have X number of parking spaces. Mayor Perre: He understands that. Mt. Plunner: hoes MitchellWolfson, understand this? Mayor Ferret Yes. Mr. Connolly: Yes, he does. That's why it's written the way it is. 6:00 o'clock in the morning we need so many spaces today and that's first come first served. Mr. Plummer: They'pay for them whether they use them or not. Mayor Perre: I want to tell you something... Mt. Plummer: Nov, the point is... Let me finish, please. Mayor Pierre: Go ahead. Mr. Plummer: As Mitchell Wilson, said to you or through you to this Commission that they will build that structure? Mr. Connolly: Yes, he has. Mayor Ferre: And he has said it to me. Mr. Plummer: Ok. He hasn't said it to me. Mayor Ferre: Well, that's your problem. Mr. Plummer: You damn right it is. Mayor Ferre: Call him up. Get on the phone and call the man up. Mr. Plummer: No, I think as a Commissioner I should have that information... (End of Statement did not get on the record.) Mayor Ferre: Well, J. L. he didn't call me, I happened to be at a party where I ran into the man and I asked him, I said "what's going on on this parking?" and therefore I discussed the matter with him. He didn't call me and not call you the fact is and I don't mean this disrespectfully, but I took the initiative to go find out. Because I know that this is a serious problem that has to be worked out. Now, I want to tell you that I think that Mr. Wilson understands the value of this Conference Convention Center better than anybody else. And I think he is going to go way out of his way to acquiesce within the law, and to the advantage of the Off -Street Parking Authority)I guarantee you. And if it isn't to his satisfaction,he is not going to be satisfied with what Ramp Associates or Park Associates and Richard LaBaw. Knowing Mitchell Wilson, you know that he is going to read the document and go to the detail himself. Mr. Plummer: Mr. Mayor, I guess what I'm getting back in saying is Mr. Connolly is the paid representative of this City. I think that information should have been made available to this Commission. Rose, did you know about it prior to this? Father? Manoio? Mayor Ferre; I agree. Mr. Plummer; Now, why wasn't that information... Mr. Connolly, is holding up here something that I think 1 know what it is, but I have not seen. (COMMENT MADE OFF TUE PUBLIC RECORD) Mr, Plummer; You are talking about you have a thing there for the 607 room proposal? 38 JAN 241975 Mt Cot toily: Ye§, . Pter: Have you Seen it Mt, Mayor? Mayor Perre3 No, sir, Mt, Plummer: Neither have I, Mt, Cottony: 1 just aaw it yesterday for the first time, Mr, Plummer: But, the point is you are asking us to approve a contraot without all the information. And 1 thitk Mr. Cottony, that's wrong. 1 really do, 1 think this Commission is entitled to know all you know, Mayor }`erne: Alright, Mr, Plummet, 1 think you have five votes of support on your statement and everybody on this Commission agrees to exactly what you said, But, now that's not going to solve the problem. So, let's move on to try to solve the problem. Mr. Plummer: I have a problem Mr. Connolly, in page 11, item 5.6. When you speak of substantive changes=a I'm aasutning that's major changes• I want it outlined that any major changes come before not the City, but before the City Commission. Mayor Ferre: I think that's a valid point. Mr. Plummer: And that it is delineated in other portions of this contract. Mayor Ferre: That's a valid point. Where ever you said City, you mean City Commission. Mr. Plummer: Well, no in aomeplaces it's spelled out City Commission, in other places it's spelled out City. Mayor Ferre: Plummer, let's not waste time on words. I agree with you. Anybody have a disagreement on that? Ok. That's a good point. Mr. Plummer: The point Mr. Connolly, in which... Tell me where it appears about art work. Where does it appear in the contract? (COMMENT MADE OFF THE PUBLIC RECORD) Mr. Plummer: Where you only refer to it as ordinance so and so of the City and ordinance so and so of the County. Mr. Connolly: That's in the Construction Management Agreement. Mr. Plummer: Alright. Mayor Ferre: That's in Construction Management. Mr. Plummer: That's the big document. Now,... Rev. Gibson: I didn't heard that...(End of Statement did not get on the record.) Mayor Ferre: Yes, but you see we have two documents to vote on. And one is called the Lease Agreement and other one is a Construction Management Agreement. And the question is he asked about art and the art porion is in this. Mr. Plummer: Where is it Mr. Connolly? Mr. Connolly: I'm looking for it. Rev. Gibson: Plummer? Hz. Plummer: Yes, sir, Rev. Gibson: You got an answer that I wasn't quite sure I heard. Mr. Plummer: Well, then pursue... That's what I'm trying to do is to satisfy. (COMMENT MADE QFF THE PUBLIC RECORD) 39 JAN 241978 Mt Connolly: Page b. Mayor Peru: lt's on page 4, item A. Mt. Plummer: Page 4, item G is correct. Father do you viah to pursue the other matter that f spoke of? Mayor Perre:. Speak up, please. Rev. Cibson: On page 11, S.6, aubatantive changes it planning. If the Developer desires to make any aubatantive changes in the designed development plena ao that the final construction plans are marked different from those plans already approved by the City. The Developer shall submit the proposed changes to the City... Mayor Verve: Rev. Gibson: Mayor Ferre: Rev. Gibson: of it. Mayor Perre: 5.6 and page Rev. Gibson: To the City Commission. For it's approval. I Want each time the word "City Commission". That's what he said. 1 just want to make sure, you see 1 didn't hear that I No, no let's clarify it. Where the word "City" exists 11, substitute thereof City Commission, ok. Alright, 1 like that. heard part in paragraph Mr. Plummer: Well, Mr. Mayor... Ok, then the problem has to exist. Contract for construction, there it states that they shall surrender it within 120 days for approval by the City. See that's where this contract speaks in two different ways. Mayor Perre: Well, that's why I accepted your point that we can't put City Commission every where it says City. But, in this specific point 5.6 you can substitute City Commission to where ever it says City. Mr. Plummer: Well, I do feel that you'd want the City Commission to approve the contract for construction. That seems only reasonable and that would be in 5.7. Mayor Ferre: I don't see... Mr. Grassie; There is not alternative you know, that's a provision of law and we have to bring it to you. So, really. Rev. Gibson: Yes, but you see what I don't do directly I could do indirectly. My concern each day this gets to be... No, you could deal with the staff and the staff says yes and he says tall who did you talk with, the staff?' But, man I face the firing squad. Mayor Ferre: That's no easy lost Father. Rev. Gibson: You know... Well, put City Commission in parenthesis, whatever you do. Man I have learn a lot of things sitting up here. Mr. Plummer: Well, maybe... Mr. Grassie, how much would we be as for in the way of extra work if we went back and clarified in the construction which is not in here, the definition of City? Mt. Grassie: Simply that would not be much work at -all. If you are talking about changing the definition on page 3. Mr. Plummer; What I'm trying to say is I don't want to hang this thing up by every little incidental thing that needs to be approved or disapproved... (End of Statement did not get on the record.) Mayor Fevre; Coming back to the emission. Mr. Plummer; I think in the areas of major change... Mayor Ferro; Substantive. 40 i41978 M . PluMMet: Substantive chahees that this COMMisaioh ahauld have the final approval. Would that be you know, asking too, much to thange the definition? 1.., Maybe that's the Bail-mit sway is what its saying, 1 don't know. Mt. Grassier Or we could go through and simply look for those areas of majot concerti and see whether we could simply ittsert ih there the language you ate talking about. Mr. Plummer: Well, t do recall very vividly in one pattitulat area in one of this mass paperwork it spells out that the matter shall be brought before the City Commission. bo you recalled that Mr. Connolly? Mr. Connolly: I don't recalled exactly where, but yes, sir. Mayor Ferret Mr. Plummer, in the interest of tithe, I think we niaV be ciettina down into areas which have been kind of covered fairly well. bo you have anything else specific? Mr. Plummer: The only one is in art work and my only concern there since this is not a total City Projectiit is a Private Developer as well as a Municipal Project. Does the 1-1/2 and a half percent for art work apply to what? Mr. Connolly: It applies to $15,000,000 construction fund for the public sector. Mr. Plummer: And that does not include the University? Mr. Connolly: Yes, it includes the University. Mayor Ferre: Yes, it does. Mr. Plummer: But, it does not include the Private Developer? Mayor Ferrer No, it doesn't. Mr. Connolly: It's $5,000,000 contribution is included in that, yes. It's the City's 8,000,000 and the University's 2 and change and then the private contribution makes up $15,000,000 in construction. Mr. Plummer: In other words it is delineated in that portion? Mr. Connolly: Yes, it is. Mr. Plummer: Ok, that's all the questions. Mayor Ferre: Alright, any other questions Mr. Plummer? Commissioner Reboso, any other questions? Commissioner Gibson, any other questions? Rev. Gordon: No, sir. Mayor Ferre: Commissioner Gordon, any other questions? Well, obviously there are about a dozen substantive things that have come up here this morning. I would like to recommend the following procedure; I don't... do you feel that you are able to work these things out by the end of the day? Mr. Connolly: Mr. Mayor, I would say yes, that we could work out these particular substantive problems, but the retyping would be a different situation. Mauor Ferre: Well, let me put it to you this way. I think its... You know, Kelly Girls and all that don't really cost that much to... I think it's sufficiently important that you get--- if you have to get a half a dozen Kelly girls retyping -- it retyped. I'm sure... I will offer two secretaries that I have upstairs to help, the Manager I'm sure,has other people. Let's see if we can get it retyped up by the end of the day. If you feel that that is not sufficient time and not appropriatetthen I would say that you work at it until you have it done. And when you have done1you let me know and I will call.,. I think this is sufficiently important that we will call a Special Commission Meeting just to finalize this thing. When ever we can get five people together, Otherwise, you will have to Wait until February 9th. Mr, Plummer; It doesn't take two readings to approve this contract? Mayor Ferre; Just a resolution, 41 JAN 241978 Mt. Piu et: Ok. Mr, Worsham: What would be the possibilities of having let's say a special meeting toihttow of r :. Mayor `erne: Mr. Worsham, let me tell you what the problem is, when you start getting into special meetings you know, I've got to go to New York and Rose has got to go to Palm Beach and Plummer has got to go to New Orleans and keboso is oti his way down to costa Rica and the next thing you know it's.,, And Father Gibson is up and of Statement did not get on the record.) Rev. Gibson: No, tell hits l got to buty the dead. Mrs. Gordon: Mr. knox, is it possible that those portions that we have referred to for amendments could be delineated on one sheet and that that be called an amendment to the contract? Which would amend those portions. Mr. Knox: Right, it can be... Mrs. Gordon: And not have to retype the whole thing. Mr. Knox: Except in those places where... In terms of additions that would be a permissible way to do it. In terms of substitution... (End of Statement did not get on the record.) Mayor Ferre: I think Mrs. Gordon has a point. If we pass it as it is then you can incorporate them at leisure and come back with a final graph. But, in the meantime, you've got a signed copy to go on. Mr. Knox: Now, an alternative would be just to indicate the changes additions or the deletions that are being made on a separate document because... Mrs. Gordon: That's what I'm talking about. Mr. Knox: Yes. It's the Manager that executes the document anyway and if the Commission is satisfied as to the changes... (End of Statement did not get on the record.) Mrs. Gordon: Right. Well, the actual physical typing I don't think is so imperative today. Mr. Worsham: Well, that would be fine so that we could have a memorandum of understanding or of modification. Mrs. Gordon: It would be more than that, it would be an agreement. Mr. Worsham: An agreement. Mrs. Gordon: Based upon certain changes. Mayor Ferre: Alright, then based on that,we will let you go and I think Mr. Knox... Knox, this is sufficiently important for you to dedicate your time, too. I think that Mr. Knox should be part and parcel of the negotiating teams that sits down with Mr. Worsham to discuss this this afternoon,or right now. Mr. Worsham: Yes, but right now would be fine. There are one or two items that I would like to comment. Mrs. Gordon, we were chatting about that one change that you wanted I believe on page.,. Mrs. Gordon: The Governmental... The taxes. Mr. Worsham: Yes, Ma'm , but that had a different context. That particularly referred to--- after referring back to it--- the subordination provisions of the performance rent and not the credit aspects because what we were saying.... Mrs. Gordon: Wait a minute, what you are saying is the way it was referred to you. What page are you on? So I can get to it quickly. Mr, Worsham: I think it's on page 4. Mrs. Gordon: 4 the Qk, alright. i 42 JAN 241978 Mt. Worshaft: Yes, ta'M. Mts. Gordon: Alright. lair. Worsham: Those are toughly eleven itefs to which the performance rent is subordinate. Ali real estate taxes of all nature, you know, the City, County and the School Board would be an item of cost of us doing business. Mts. Gordon: Well, it was trot what I understood it to be. t thought when we talked yesterday that the only tax credits in any you know, to be a deductible. But, I see your point now, what you are saying is that we talked about the base refit and what you ate talking now is about the performance which is over and above the base refit. Mr. Worsham: That's correct and that's just as. Yes, Ma'm. I wanted to clarify that because I answered you incorrectly initially. But, your concept is correct that it's only the City portion that gets credited. Mrs. Gordon: But, you are then saying and I don't know if everybody on the Commission understands that. You know, I'd like for them to listen and when the Mayor gets back to his seat I'll say what I... For clarification purposes Mr. Mayor, the point 1 made about any Governmental Authority advalorem or personal property taxes, I brought it up yesterday and the answer I received yesterday was that only the City of Miami taxes would be applied. But, I think the intent that Mr. Worsham had the:vas to the base rent to the $250,000 or whatever the base rent is. And he is telling me now that he did not intend it to be also applied to the performance rent. Now, whether we want it applied or not or whether we think it should or should not,that's a point for discussion. not, Mayor Ferre: It can't be applied twice. Mrs. Gordon: No. The point is that he was exempting from the base rent deductions, County and School Board taxes. Right? Mr. Worsham: No, let see, we pay all taxes and only the City portion gets credited against that base rent. Mrs. Gordon: Yes, well that's what I meant, I said it in reverse. Against the $250,000 whatever the City would be charging you for advalorem or personally property you would have a credit to the base rent. Mr. Worsham: Yes, Ma'm and that's all. But, the point that I was trying to make is that as the income and expenses come in to calculate the 20% that goes to the City that all real estate taxes that I have to pay out to everyone counts as an expense, is really what I'm talking about and that paragraph is referring to in the calculation of the 20% profit. Mrs. Gordon: But, you wouldn't count the City's portion again would you? Mr. Worsham: No, Ma'm. Rev. Gibson: Yes, but we will make sure that's spelled out. Because what you said right then, you're are saying that taxes or cost item. Mr. Worsham: Yes, they are. Rev. Gibson, And I want the statement taxes or cost item , except that which comes to the City. Mrs. Gordon: You know, really... Rev. Gibson: Excluded from the cost taxes. Mrs. Gordon; It really should be if it's a cost item and it's going to come off the performance rent, it shouldn't even be applied- any portion of it against the base rent. The base rent should be base rent period, really, Mr. Wors;,am; Well, the point is is that you know, we are going to pay fully, real estate taxes and the City will get it's portion of the real estate taxes before 4nything else. Mayor Ferre: Under law you have got to do that, Mauer Ferre: Constitutional. Mr. Worsham: Right. 1 think it works correct, but Maybe we can sit down and go cover it again. Tim not trying to take a double credit for it. Mrr;. ordon: 1 know you are not. 1 think that in the rewriting. :anti the redrafting, this better he spelled out. Worsham: We will get some atte.ntli!n ro it afternoon en that. �gati•:t r7?rro: <!k, Alright, are there a7;7 c-tt.er mitterr. to corms up beforc• th• 7.omr1.i' C' ittee of t�:�' �ti�ti<},('. ff not then �.'o'..'�'t of .?t:r B of the _otr�:7 � + TL' task set before you and we will see you late tl7iafternoon and we will. L here for long long time. So, :ru don't: have t worry about us. Sett: you this aftc neon. 1 ACCEPT CCOtElED Wes: °BISCAYNE WEST HtGF VVAY IMPROVEMENT H BID C Y LAbSCAPING, " The following resolution was introduced by Commissioner Pivatier, who toyed its adoption: RESOLUTION N0. 78-43 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOb AND LANDSCAPING, INC. AT A TOTAL COST OF $33,135.50 POR BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 BID C ` LANDSCAPING, AND AUTHORIZING A FINAL PAYMENT OF $3,313.55 (here follows body of resolution, omitted here and on file in the Ofice of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following .vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre 5, ACCEPT COMPLETED WORK: "NORTH BAYSHORE RIVE HIGHWAY IMPROVEMENT (BID C - LANDSCAPING," The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-44 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOD & LANDSCAPING, INC. AT A TOTAL COST OF $26,710.56 FOR NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT (BID C - LANDSCAPING), AND AUTHORIZING A FINAL PAYMENT OF $3,113.82 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES; NOES: None, Commissioner Rose Gordon Commissioner J. L. Plummer Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 4', JAN 241978 ACCEPT PLAT: "JACK YANK SADIVISION*" The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO, 78-45 A RESOLUTION ACCEPTING THE PLATE ENTITLED JACK YANKS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMt, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer Vice -Mayor Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre URGE METROPOLITAN DADE COUNTY TO ELITE CONSTRUCTION OF CERTAIN STREETS IN THE CITY OF MIAMI ("DECADE OF PROGRESS"), The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-46 A RESOLUTION URGING THE METROPOLITAN DADE COUNTY COMMISSION TO EXPEDITE THE CONSTRUCTION OF THOSE STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THE "DECADE OF PROGRESS" BOND ROAD PROGRAM AND TO REQUEST THE IMPLEMENTATION OF PRELIMINARY ENGINEERING STUDIES AND CONSTRUCTION OF THOSE ROAD AND BRIDGE PROJECTS IN THE CITY OF MIAMI AS LISTED HEREIN TO BE INCLUDED OR REINCLUDED IN THE 1978-79 (AND THE FOLLOWING FIVE YEARS) FLORIDA STATE DEPARTMENT OF TRANSPORTATION ADVANCE PLANNING PROGRAM WITH EMPHASIS ON THOSE PROJECTS AS LISTED IN THE "DOWNTOWN MIAMI - A CONCEPTUAL TRANSPORTATION PLAN" AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE PROPER METROPOLITAN DADE COUNTY OFFICIALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote; AYES: NOES; None. Vice -Mayor Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer Mayor Maurice A, Ferre 46 JAN 4 1�7/9 � 2iAA �Q�Q $, AMR= DISKAAL OF i6 t stt l KAU TO Tit Tuve E11 A I N IAttoN OF MIAMI The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-47 A RESOLUTION AUTHORIZING THE DISPOSAL OP CERTAIN Noy-LONGER-SERVICABLE EQUIPMENT, TO WIT 16 GYMNASIUM MATS OP THE MIAMI POLICE DEPARTMENT TRAINING UNIT, AND THE DONATION OF THESE MATS TO THE TENANT EDUCATION ASSOCIATION OP MIAMI. (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: NOES: None. Commissioner Theodore Gibson Commissioner Rose Gordon Commissioner J. L. Plummer Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 47 JAN 24197 ACCEPT BIB 100 Foot AnticuLAttNG Boom rift APPARATUS , MUM (DISCUSSED A ) Mt. P1uMMer: Mt. Mayor, before this man speaks let The only indidate for the record My concerns at the last meeting wets answered in the 15eio which was furnished to all of us. Mayor Fette: And my concerns were answered too but I think this gentleman has the right as a citizen to address this commission with the complaint that he has+ and it is just a hatter of a few Minutes. How fliuch time will you need? UNIDENTIFIED SPEAKER: About ten minutes. Mayor Ferre: No, sit, unfortunately we can't give you ten minutes, we'll give you five and if you'll start by giving us your name and address for the record. Mr. Dal Chrans: Ladies and gentlemen of the commission, my name is Dal Chrans, I'm president of Biscayne Fire Equipment Company and we're state distributors for American La France Fire Apparatus. I'm protesting these specifications as written not only as a bidder and a vendor for American La France)but also as a taxpayer of the City of Miami. I believe 1 can give you gentlemen some information here that would be helpful to you in your recommendations if I may pass these out. Mr. Plummer: Mr. Mayor, so it is not confusing, I was not trying in any way to interfer with Mr. Chrans' ability to speak. I was merely indicat- ing that at the last meeting I raised a question which was answered in the memo. Now whatever he has to speak about is a separate subject and I don't want it to be misconstrued that I was trying to restrain him from speaking. Mr. Chrans: Gentlemen, what we're complaining here about is the restrict- ive nature of the specifications. Your bid was written around one set of specifications for one piece of apparatus+mainlypthe Young Truck and Equip- ment Company. You received five bids, everyone of you notice on the sub- mittal sheet that I believe you have here and everyone took exceptions to the specifications except the Young Truck and Equipment Company. The reason they didn't have to is because it was their specifications. Now going back to a previous purchase of a unit called the 150 foot Calibar which in my opinion, and I am entitled to that, was a disaster for this city. This Calibar has been out of service about half the time since the city has owned it and there's been a tremendous amount of money spent on this partic- ular unit. We submitted a bid to you gentlemen for approximately $105,000 low... Mayor Ferre: What's your name? Mr. Chrans: American La France Company, sir. Mayor Ferre: You're the one that had $179,550? Mr. Chrans: We have a figure on an 85' snorkel, not a 100' but an 85' of $167,084 against a figure of $274,565 so we're approximately $107,000 low. In short, gentlemen, for about $60,000 you could buy two of our machines for one of these. Now if you'll notice the information I've submitted to you there in the unit right here, Young Trucking Equipment says, "We have taken no exceptions to the technical specifications". Certainly they don't take any because it's the specifications around their own unit. What you're doing here ladies and gentlemen is you're restricting competitive bidding to the City of Miami. If you recall,I believe when I was at the bid open- ing1you only had one bid on the Calibar because they were the only one that made that beam. These people have not, they have taken exceptions but you don't find it very likely in your brochure that is given to you. I have also attached for your information here a D & B on the Young Truck and Equip- ment Company out of Buffalo, New York, I've taken this upon myself to get this for the protection of the taxpayers of this city. I find over here on the right hand column the net worth of their company is $239,000, they're bidding a $278,000 truck to this city. This company whether you have checked into it or not, and I think the Fire Department should, this company to my knowledge is still on strike, they've been on strike for 8 months, Also, ladies and gentlemen for your information,the only thing that they have in their warrant here to you, and I'll read that quickly if 1 can, they're 4S JAN 241978 only warranting the items furnished by Young Truck and tquipiter` t Compaq y.They're warranting only the body, the body panels, the cotnpartMet t doors, inifiot things such as the body work. That's all they're going to warranty on the truck. The warranty on the bocifl which is a three boom unit Which eras A failure ih 1g61 when Chief Kenny happehed to attend a convention in Toronto, Canada at that tithe Was trying to be natketed by the Seagrave Company which is touch bigger than Young Truck and Eauipment Company. It was a failure then and to triy opinion, and t've beeh here 21 years in this city,and I still live here and I enjoy the city, but this truck was a failure then and I think it is a failure how1and I think you're going to bite into another CAlibar situation if you bite into this particulat unit. These people are only warranting the body, the body work, The pump is being furn ished by another company, the chassis is being furnished by another coittpany, the cab is being furnished by another company and the boot, the three boom unit is made in England by the Simon Company. No one else could bid on a three bootie snorkel, there isn't one made in the United States of America. Why -can't we buy American made products by American vendors? Now this unit is going to be metric threads Very likely. Big deal, the Fire Department sent three people to Buffalo to look at a truck like this. They spent a total of twelve hours it says right here in their evaluation - 12 hours to spend $270,000 of your money. I frankly feel that this is a disaster for the city. I think that the city should take into consideration the financial standing of this company. I think they should take into consideration where you are going to get your warranty and who is going to take care of this equipment and where tarts and service are going to be available. If you're going to listen to a committee then I think the committee should be also held liable for this truck if it is bought by the City of Miami. I think these people on the committee and the fire clAef should all be held liable for the ex- penditure of this amount of money. Now if you have any questions/I'll be happy to answer them but I againjan protesting as a vendor for American La France Comp- any, one of the largest companies in the United States, one of the oldest companies, the oldest company in the United States and we're also local. Mayor Ferre: All right, sir, we will .„?. yap: some questions in a little while. Let's hear from the chief because I'm LIIre he wants to defend the department's position and give you an answer. A11 right, chief. Chief Brice: First of all I think I soi.ld clarify to you very specifically that we have not done anything wi tnc.t, t Loitiltiny with the Law Department and with the Purchasing Department in terms of following the Code. (2) We have given a great deal of thought in preparation irdeciaing to go in this direction. When you deal with aerial apparatus,you deal with a very specific line and there is a great dif- ference in use and there is a great difference in prices. Yes, there is a differ- ence in the price of Mr. Chrans' apparatus and this one because there is $100,000 worth of quality difference. The: Miami Fire Department administration has given over eight or nine months of consideration in terms of going in this direction. We feel that this particular truck will compliment our fleet and best serve the citizens of our community. We could stand here and debate this, I know you're on a difficult schedule, we could talk about the fact that Mr. Chrans now has the bid and supplies us with Canadian built helmets and now he is telling us we should buy American products but I don't think this is probably the proper place to do it. If you're concerned about it,I would be most happy to respond in writing to you providing you with detailed answers to his questions. Much of this is already prepared in the hands of the City Attorney, there is some in my office and there is some available to you already. If you would prefer,' will be happy to supply this to you in writing and we can discuss this at a later meeting. I have no problems in recommending this apparatus, much research was done into it. It is a very quality truck and we would be most happy to have it and yes, the committee that stood behind and recommended this is liable. We're liable every day of our life in everything we do and we would not be different in this case. Mr. Plummer: Well let me ask you a question, Chief. Have you prior to this meet- ing seen this t}'ing that Mr. Chrans furnished to us? Chief Brice: Yes. Mr. Plummer: 1 mean the entire package, there's more than just one item attached to that package. Chief Brice: Yes, sir. Mr, Plummer: You've seen it all and you fee:' that you can substantiate and answer all t).e things that are there. 49 JAN 241978 Chief Brice: I think so, yes, sir. The facts are that this particular apparatus is on line and all the material that is needed to build it is there so it is not something he is going to have to go out and purchase. Delivery has a great deal to do with it too and we ate concerned about the strike which is another thing that we would say to you if you're concerned to you in writing. Mr. Plummer: Mt. Mayor, t withdraw try Motion for approval and Make a totion that this be referred back to the Chief and committee to coMe back and answer these questions which have been raised by irlerican La Prance at the next Coti1 ission Meet- ing. Thereupon the City Cotmission oh Motion of Commissioner Plummer, seconded by Commissioner 1eboso passed and adopted the preceding motion by a unanimous Vote. Rev. Gibson: I am concerned that only one company makes a ladder this long, is that --- Chief Brice: No, Commissioner► I think what I was trying to say is that each company has a specialized type of aerial apparatus. There are straight aerials, there are articulating type of snorkels that we have had downtown for many years and I know that you're familiar with that. There are different types of aerial equipment and when a fire chief and his staff look into this particular type of apparatusphe has to choose among many different types and quality as well as the style. So in this case I think we have to recognize that when we go into an artic- ulating snorkel type of apparatus that the difference in height from Mr. Chrans' design of 85' to the 100' requires a great deal of engineering in terms of a strong- er crane type chassis. It requires a different chassis altogether which is more expensive. So when I said that his apparatus cost $100,000 more there was a $100,000 more of craftsmanship and quality in it. It's true. We did not choose to buy an 85' snorkel or we would have bid one. We chose to bid a 100' and it happens that Mr. Young has an apparatus and is as far as I know at this point the only one available in that height range. It requires different engineering. Rev. Gibson: We're together other than the fact that I'm talking about 100'. Maybe I'm not quite... My point is we need a 100' business. bid you bid on a 100'? No, did you bid on a 100'? ... Yes, but you did not ask for an alternate did you? Chief Brice: No, sir, and he did bid on the other which we felt the chassis was not adequately substantial to do what we wanted with that added 15'. And if you talk to anybody in the business you'll find that 15' is an increase, a tremendous... Rev. Gibson: That's just like a foundation, you can't put a two-story foundation, a two story building on a one story foundation. Isn't that the way it is? Chief Brice: I'm sure that anyone that wanted to bid on this and wanted to change their design to fit our specifications they could do it. Most people would like to sell us what they have and we choose to be specific. Rev. Gibson: Chief, you see I was a little confused. I just want to make sure as. a layman. I don't know your business but I know this: You cannot put a two-story building on a one-story foundation. Is that what you're telling me? Ok. Mr. Chrans: Reverend Gibson, if I may in answer to your question as to who else makes a three boom snorkel, the only one made is by the Simon Company out of Eng- land. No United States manufacturer makes a three boom snorkel. Mayor Ferre: All right, thank you very much and we'll see you the next time. Mr. Plummer: I want to get to another point, Mr. Mayor in this same item and it's not to this particular item but damn it it keeps coming up. Mayor Ferre; Plummer, can you wait until the afternoon session? Mr. Plummer: No because it is in this particular item. Mr. Grassie or Mr. Mullins, was a part of the specifications that a bid bond must accompany the application? Mr. Grassie; 1 think that's our normal practice. Let's have it verified by the purchasing agent. Mr. Art Mullins; Yes, sir, Mr, Commmissioner, 0 JAN 241078. Mr. Plummer: All tight. I read here in big bold type L "No Bid 'Bond". I want to know why that hame even appears here if he did not counply. Excuse -Me,... I'M not speaking to Mr. Chrans. Mayor Ferret .... Which is this, a yes or no? Mr. Plunbier: I'm reading from their document. Mayor Ferret Yes, you asked them a question and he said yes and then you kep it on going after he had said no. Now if he said yes.... Mt. Grassie: The answer to the question is it is required. What Commissioner Plufter is saying is that one bidder did not provide it even though it is required. Mayor Ferre: Which is the one that didn't? - Mr. Grassie: American La France. Mr. Plummer: And I'm sorry I have to bring it up because he is raising the quest- ion. The point that I'm bringing forth that to me if you don't meet the specifi- cations,you throw that bidder out. Now it is just that simple. We are putting something in a specification and not ourselves living up to it. Now if we're not going to require it and we're going to make it before we award the contract fine. That's all right, I have no truck with that but by God when you put it in there and clearly spell it out and somebody doesn't comply then their name should not appear here. Mayor Ferre: Wait. You're saying that American La France did not put in a bond, Is that what you're saying? Mr. Plummer: That's correct. Mayor Ferre: And therefore, their bid of $179,0CC should have been thrown out because... Ok, I get you. Mr. Plummer: Either that or rewrite the spuc6 . Mayor Ferre: Well, what's your answer to Plummer's question then? Mr. Mullins: Mr. Mayor, the memorandum from the Purchasing Agent to the City Manager states that no other bids other than Young meets the specifications. Mr. Grassie: So, in fact, they were rejected is the answer. Mayor Ferre: So in other words what you're saying was done, Plummer. Mr. Plummer: But you see, Mr. Mullins, I do not have the opportunity unfortunately of having memorandums which you send to the Manager. I don't have that informat- ion. All I'm saying to you is that this name in my estimation should not appear. If he did not meet the specifications,his name should not be here for comparison with the other...he did not meet specifications. Now that's all I'm saying. Now I think you ought to rewrite it, make it in there that the bid bond shall be made prior to approval of the contract. I've got no problem with that but a set of specifications, you either comply or you don't. Mr. Grassie: Commissioner, you did receive the memorandum he's talking about it is in your. packet. Mayor Ferre: Yvu've already said that. Are we going to go through this three times? All right. 51 JAN 2419781 10, ACCEPT BID: 13 DUMP $ot tES# (DEPTi oP 8UtLbtNG Alto VEHICLE MAINTENANcE �- DEM of PAWL The following resolution Was introduced by Coitnissioner Gordon, who toyed its adoption: RESOLUTION NO. 78-48 A RESOLUTION ACCEPTING THE BID OF CALLAHAN MOTOR CO., INC. FOR FURNISHING THIRTEEN DUMP BODIES FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AND THE DEPARTMENT OF PARKS AT A COST OF $45,742.45; ALLOCATING FUNDS FROM THE GARAGE REPLACEMENT RESERVE OF THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AND THE 19774978 FISCAL YEAR BUDGET OF THE DEPARTMENT OF PARKS; 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Manolo Reboso 11. ACCEPT BID: ADMINISTRATION BUILDING - SITE PREPARATION. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-49 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR THE ADMINISTRATION BUILDING - SITE PREPARATION WITH P. J. CONSTRUCTORS, INC. IN THE AMOUNT OF $43,850.00 FOR THE BASE. BID, WITH FUNDS THEREFOR TO BE EXPENDED FROM TITLE I FUNDS FROM THE U. S. DEPARTMENT OF COMMERCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRA- TION PURSUANT TO GRANT DATED SEPTEMBER 16, 1977 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES; None. Al$SENT; Vice -Mayor NAnolo Reboso 4 52 'JAN 24197 r BID; Ica, CttiEg CavittillY DEA itilENI STREET ImPRovmts ue tVi The foilot/ing resolution was introduced by Co nissioier Gibson, who Moved it& ado itidt t RESOLUTION NO. 78-50 A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $715,022.02 FOR THE MODEL CITIES COM- MUNITY DEVELOPMENT STREET IMPROVEMENTS PHASE IV; AL:OCATING $201,994.00 FROM THE "3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND" AND $513,028.02 FROM THE ACCOUNT ENTITLED "HIGHWAY G. 0. BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM THE ACCOUNT ENTITLED "HIGHWAY G.O. BOND FUND" THE AMOUNT OF $78,652.54 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM THE ACCOUNT ENTITLED "HIGHWAY G.O. BOND FUND" THE AMOUNT OF $14,300.44 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 (Rev.) Theodore Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSEh : Vice -Mayor Manolo Reboso 53 R. Gibson JAN 241970 15 i OPEN SEALED BIDS: 'iCRES SAN I TARv SEAR IMPROVEMENT SR- 2-C CEIi SR iN This being the date and time advertised for receiving sealed bids for construction of Crestwood Sanitary Sewer Improvement SI-5412-C (centerline sewer), the Mayor announced that the City Cotinissioh Was flow ready to receive sealed bids: The following resolution was introduced by Cottmiissioner Gitsson who moved its adoption: RESOLUTION NO. 78-51 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: Crestwood Sanitary Sewer Improvement SR-5432-C (centerline sewer). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Manolo Reboso Commissioner Rose Gordon 14. DECLARE MAESTRO CAESAR LA rbNACA "MR, MUSIC OF MIAMI," The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 78-52 A MOTION OF THE CITY COMMISSION DECLARING MAESTRO CAESAR LA MONACA AS "MR. MUSIC OF MIAMI." Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES; NOES: None. Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso Mayor Maurice A. Ferre 54 •BAN 241978 0 15i PORMAL RtsOLUTION OP = M TO THE FAMILY °,',c 'T HU ►ITZ Mayor Petret We now have a resolution, which will be moved by Mr, PiumMer, Coissioner Reboso seconds. The following resolution; whereas Mrs Robert Hurwitz throughout his many years as a distinguished member of the profession of public relations, had gained numerous friends and admirers for his expertise and high standards,sAid whereas Mr. Hurwitz, had specialized in that most difficult of area that of political strategy and in representing those seeking public office but it so doing maintained his sense of values, his integrity and his honesty, thus contributing unmeasurably to the democratic process. And whereas this entire community will no longer benefit from the wisdom, keen judgement and perception that was Robert Hurwitz's. Arid we shall be all the more poorer for it, but we are nevertheless sustained by the knowledge that his contribution shall long indure beyond his passing on December 28th, of last year. Now, therefore be it resolved by the Commission of this City of Miami, and we convey our deepest condolences and sympathy to the family of Robert Hurwitz, as we share with them the loss of this outstanding and accomplished citizen of our community who made this a better place in which to live. We further more express to his love ones, the assurance that Robert Hurwitz touched the lives of those around him as no one else has and of the example he set and the legacy he bequeathed us all shall long remain as a reminder of one who believed in himself and in his responsibilities. So, if you would call the roll, Clerk. The following resolution was introduced by Commissioner Plummer and seconded by Vice -Mayor Reboso was passed and adopted by a unanimous vote. 55 JAN 241978 SECCND READING ORDINANCE: REPEAL OLD SECTION AND SUBSTITUTE FOR NEW SECTION 2C4 OF THE CITY CODE - PROVIDE FOR RESTRICTED HOURS OF MATERIAL- PLA fi$ (CENTRAL COMMERCIAL D I S1R I CT) Mayor Ferre: Now, we are on the 2:30 agenda, which is item nutnber 15. We have representative Jim Eckerd with us and we always as a matter of courtesy, give government officials who are busy in other aspects of government, the courtesy of taking up their matters out of turr;. S:, Mr. Eckerd, if its alright, if you Would like, we'd be happy to take up your matter at this time. Which is your item? Mr. Eckerd: I'm not sure I have a number on today agenda Mr. Mayor, but I think that I can dispose of it very briefly. First of all I want to... Mayor Ferre: It's item 33. Mr. Eckerd: I want to express my appreciation to the Mayor and the Commission for deferring this matter a couple of weeks ago when I was out of town. Mr. Grassie: It's item 21, Mr. Mayor. Mayor Ferre: What? ?1r. Grassie: Item 21 I believe. (COMMENT MADE OFF THE PUBLIC RECORD) Mr. Eckerd: That's what I understand, that the recommendation as between the City private haulers and Downtown Business Association, has recommended the hours be extended until, I believe 5 A.'1. and 1 had recommended 6 A.M. and 5 A.M. is perfectly acceptable. Mayor Ferre: Alright, without any further or due, then at this time we will take up item 21 on second reading. Commissioner Plummer moves, Commissioner Gibson seconds, is there any further discussion on this item? If not call the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 20-8 OF CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FREQUENCY AND AMOUNT' OF GARBAGE AND TRASH COLLECTION SERVICE PROVIDED BY CITY" BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 20-8 PROVIDING FOR RESTRICTED HOURS FOR THE PLACEMENT OF MATERIAL FOR COLLECTION BY PRIVATE WASTE COLLECTION OPERATIORS IN THE CENTRAL COMMERCIAL DISTRICT, AS DEFINED HEREIN; FURTHER PROVIDING FOR A RESTRICTION OF PLACEMENT OF SIDE, REAR OR FRONT LOAD CONTAINERS AT ANY LOCATION WITHIN SAID DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILTIY CLAUSE. Passed on its first reading by title at the meeting of December 15th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Rose Gordon SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8744 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, 56 JAN 241978' Mt. Plummet: Mt, Mayor, oft this particular item, t don't want anyone to go away from here thinking that l am completely satisfied that this is a panacea and is going to end all problems, To ttte this is a step-. one step in the right direction. I have spoken with Mr, Grassie, with the possibility of redoing and the landscaping, that possibly we might be able to put some form of container and hide it with landscaping and seeding and things of that nature, because I don't think there is any one answer to this problem, it is a big problem, it is a continuing problem, And 1 don't want everybody going away from here-- that its now all over and its all done with, TO meal want this thing to continually be pursued, because 1 think it needs more direction, it needs more attention and nothing that we du here is etched in concrete or in bends. So, I don't want it to end here, f want it to continue for the betterment of the Downtown area. Mayor Ferre: Alright, thank you very touch. 17. CONFIRM ORDERING ES. '-995 - AUTHORIZE CITY CLERK Y0 ADVERTISE FOR SEALED - BIDS ("MANOR SANITARY SEWER IMPROVEMENT SR- 437-C"). Mayor Ferret Alright, we're now on item number 15, confirming ordering resolution 77-905 and authorizing the City Clerk to advertise for seal bids for Manor Sanitary Sewer Improvement Sr-5437-C , in the vicinity of N.W. 46th St. and N.W. l2th Ave., the Manager recommends. Is there anybody here who wishes to speak on this item at the public hearing? Mr. Wellington Rolle, we're always happy to have you with us. Mr. Rolle: Thank you Mr. Mayor. The concern I have Mayor and Commissioners, has to do with the... Mayor Ferre: Excuse me Wellington. Do you want to turn off those lights? You're not taking pictures are you? Thank you. Mr. Rolle: For the record Mr. Mayor, my name is Wellington Rolle and I live at 1471 N.W. 43rd St. Recently, I along with--- I imagine other residents in the area, received a letter indicating that the City has ordered certain improvements in our sewer system and in that letter it indicates that the assessment would be in the neighborhood of $670. Part of the concern that I have is that, if remaining in the total City of Miami, that there is less than 2/3 of the City unsewered I would hope that the Public Works Department would put all of those items or include all of those items under the existing resolution, Whereby in some fashion it may reduce the cost of the assessment. A question that I would raise Mr. Mayor, is how much of the City is left unsewered at this moment. Mayor Ferre: Mr. Grassie, would you answer those questions please? Mr. Grassie: Yes, Mr. Mayor, I'm going to ask the director of Public Works, Mr. Parkes to respond. Mr. Parkes: Several years ago, we estimated it would take another $50,000,000 to do the rest of the City and without having more time to think about it, I don't know if I can come up with a better answer at this present time. Mr. Plummer: Well, he asked for percentage of the City. Mr. Parkes: Oh, there is about 30% yet to be done, about 35% of the City yet to be done. Mayor Ferre: In other words we've done 65% to 70% of the City, you have yet to do 30 to 35Z. Mr. Rolle: And I think according to the Charter, that you could include up to 2/3 of the total area of the City under one resolution. My purpose for this Mr. Mayor, is the intent of reducing the cost of the assessment if possible. Mr. Plummer: Wellington, as I recalled the reason I asked that question one time, why couldn't we go and pass the bond issue which would do it all? The answer AP I recalled from Public Works,waas that they physically could not handle sufficient in else of the department, to do all of the work at one time. Not only that as it progressed along, that the inflation factor you could not today determine 57 JAN i41978 what the cost ih 5, 6, and 7 years would be, because we have seen ttemetdous inflation. Mr, Rolle: Ate we saying Mr, Plummer, that this is an in house consttuctioh--- the improvements? Mr, Plummet: No, it!s in house as far as engineering... Mr. Parkes: We designed it in house. Mr. Rolle: Pardon me. Mr, Parkes: The designers did in house. Mr. Plummer: All the designs. Mr. Parkes: Put out for bids and bids were received and outside contractors do the work. Mr. Rolle: Ok, let me ask one other question, Mr. Mayor. Mr. Parkes, I understand that in the letter that went out to the rc:shunts, that you're indicating that the cost of the assessment can be paid in ten equal assessments for a year, during a period of 12 months. What I would ask of the Commission, is whether or not the Commission would exercise it's authority and give the citizens in the area the opportunity to pay this assessment over a period of ten years. I think if they have that option... Mr. Parkes: That is exactly the way the letter is written, that you have that assessment over a period of ten years. You may do it in one lump sum if you so desire at 5% interest. Ten equal yearly installments, plus 5% interest on any financied dollars. Mr. Rolle: Ok, I misread the letter on that particular instance. Ok, I have another question--- it has to do with what would be the condition of the street Mr. Parkes, after the installation of the sewer? Mr. Parkes: Everytime we do a sanitary sewer the street is in better condition after our work, than it was before. Mr. Rolle: How would you describe better conditions, meaning what--- are we talking about curb to curb paving or are we talking about paving over the portion that has been sewered. Mr. Parkes: The portion that we have destroyed or disrupted will be restored in better condition than it was when we went in. Mr. Rolfes: My concern Mr. Parkes, is that on the street on which I live, which is 43 Street, it shows on--- I imagine on a map as being about 14 feet wide, but the concern is that it maybe 12 feet wide in some areas and the street itself is thoroughly in need of paving. A street of this distance of this width, it certainly seems tome like this would be a golden opportunity, not only to just repair.the work that you did in installing the sewer, But, to pave the entire street and could this be a consideration? Mr. Parkes: It sure could be and we will take that into consideration at the time, yes, Mr. Rolle: Ok, I think that this resolution--- one final question Mr. Parkes--- includes the improvements that are west of 17th Avenue. Mr. Parkes: No, this takes it from 12th Avenue to 17th Avenue, from 40th Street to 46 Street, it takes in a small area there. Mr. Rolle: Ok, the reason for the question, is that resolution 77-905 takes in this work, in this particular area, but if I recalled resolution 77-904 takes in the work that's west of 17th Avenue. Is that correct? Mr, Parkes; North of this district was the one prior to that, Mr, Role: Right, but where my question comes is could they have been combine together and possibly have reduced the cost of the assessment? 1 58 JAN 241978 Mt. Parkes: Ws broke this district up from about A $S,888,000 job, into three districts as we could get better prices, so we could get the minorities involved, because the minorities could tlot fund that large of a project. So, we had it is a larger, but vs broke it up purposely. Mt. Rolle: bo you have att estimate on that it would cost for each citizen to run, I itagine the line froth the curb line to his personal property? Are there any estimates available? Mr. Parkes: No, we do tot because of the varying circurnstattces in each individual property. Mt. Rolle: I see, ok, thank you Mt. Parkes. Thank you, Commissioners, Mayor Ferre: Alright, moved by Father Gibson, second by Vice -Mayor Reboso, further discussion? Ca11 the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-53 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 77-905 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF MANOR SANITARY SEWER IMPROVEMENT SR-5437 C (centerline sewer) IN MANOR SANITARY SEWER IMPROVEMENT DISTRICT SR-5437 C (centerline sewer) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. r 59 JAN 241978. 181 PUBLIC HEARING: ObJtotioNs to ACCEPTING COMPLETEb WORK: "$ I SCAYNE WES? HIGHWAY IMPROVEMENT DISTRICT H-43 ," The following resolution was introduced by Commissioner Gibsofl, who moved its adoption: RESOLUTION NO. 78-54 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS PAVING COMPANY, INC. AT A TOTAL COST OF $311,078.16 FOR BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 IN BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390, AND AUTHORIZING A FINAL PAYMENT OF $29,389.15 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L Vice -Mayor Manolo Commissioner (Rev Commissioner Rose . Plummer, Jr. Reboso .) Theodore R. Gibson Gordon Mayor Maurice A. Ferre 60 FJAN 241978 196 SEP' iREADING r ®a' DNANCE: AMEND Seel 1) Opoi 8716 - MAKE ADJUSTMENTS TO FIRE PAOIL1T1tS ' EN CL1GAT!ON BOND FUND m MAKE APPROPRIATIONS FOR AtotTIONAL P OAC AN ORDINANCE ENTITLED� AN ORDINANCE AMENDING SECTION I OP ORDINANCE NO. 8716, ADOPTED OCTOBER 26, 1977, THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTE BER 30, 1978, AS AMENDED, BY MAKING ADJUSTMENTS IN THE FIR FACILITIES GENERAL OBLIGATION BOND FUND; AND MAKING APPROPRIATIONS FOR AN ADDITIONAL PROJECT CONTAINED IN SAID FIND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HHEREWITN; AND CONTAINING A SEVERABILITY PROVI- SION. Passed on its first reading by title at the meeting of January 11, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8745. 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. i 41�1ep978'JAN 20, SECOND SING ORDINANCE, AMEND SECTION 62 63 OF THE CITY CODE " INCREASE COMPENSATION OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY AM ZONING $oARDsi AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING MIAMI CITY CODE SECTION 62-23 COMPENSATION, TO INCREASE THE COMPENSATION OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND OF THE ZONING BOARD FROM ONE HUNDRED DOLLARS PER MONTH TO TWO HUNDRED DOLLARS PER MONTH AND FURTHER PROVIDING THAT SAID INCREASESCASHALL BE RETROACTIVE TO OCTOBER 1, 1977; ING ALL ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading it was taken up for its second and On motion of Commissioner Plummer, was thereupon given its second and adopted by the following vote: AYES: NOES: None. by title at the meeting of January 11, 1978, final reading by title and adoption. seconded by Vice -Mayor Reboso, the ordinance final reading by title and passed and Commissioner J. L. Vice -Mayor Manolo Commissioner (Rev. Commissioner Rose Plummer, Jr. Reboso ) Theodore R. Gibson Gordon Mayor Maurice A. Ferro SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8746 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. 21. SECOND READING ORDINANCE: DISCONTINUE THE DEPARTMENT OF BUREAU OF INTERNAL AUDITORS AND THE DEPARTMENT OF COMMUNICATIONS. AN ORDINANCE ENTITLED - AN ORDINANCE DISCONTINUING THE DEPARTMENT OF THE BUREAU OF INTERNAL AUDITORS AND THE DEPARTMENT OF COMMUNICATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 11, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8747 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. 62 JAN 241978 SECOND READING I NI tNAN : DISCONTINUE THE DEPART OF PUBLIC LIMES AND tow or MMus* AN ORDINANCE ENTITLED - AN ORDINANCE DISCONTINUING THE DEPARTMENT OP PUBLIC LIBRARIES AND THE BOARD OP TRUSTEES OP THE PUBLIC LIBRARIES AND PUBLIC LIBRARY SYSTEM; CONTAINING A REPEALER PROVISION AND A SEVERAB1LITY CLAUSE. Passed on its first reading by title at the meeting of January 11, 1978, it VW; taken up for its second and final reading by title and adoption On 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 (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Perre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8748 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. 23. SECOND READING ORDINANCE: REPEAL ARTICLE V CHAPTER 21 OF CITY CODE- AeOLISH CO ?ERCIAL BLOOD DONORS BOARD. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ARTICLE V, "COMMERCIAL BLOOD DONORS" OF THE CHAPTER 21, "HEALTH", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY REPEALING IN ITS ENTIRETY ALL OF THE SECTIONS OF SAID ARTICLE; NAMELY, SECTION 21-38.THROUGH SECTION 21-50; AND CONTAINING A REPEALER PRO- VISION. Passed on its first reading by title at the meeting of January 11, 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. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8749 The City Attorney read the ordinance into the public record and announced that copic=r '7ere available to the members of the City Commmieaion and to the public. 63 JAN 241978. 24, SECOND READING ORD I NANC REPEAL SECTION 37-8 CHAPTER 57 of CITY CODE ABo ttm THt BOARD OF RtviEw of OgsaNE LITERATURE, Musts, PRINTs, EtCs AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 37,,8 ENTITLED "BOARD OF REVIEW" OF CHAPTER 37, `OBSCENE LITERATURE, MUSIC, PRINTS, ETC," OF THE CODE OF THE CITY OF MIAMI, FLORIDA* BY REPEALING SAID SECTION IN ITS ENTIRETY; AND CONTAINING A REPEALER PROVISION. Passed on its first reading by title at the meeting of January 11, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner 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. 8750 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. 25. SECOND READING ORDINANCE: REPEAL SECTION 16-17 OF ARTICLE IV, CHAPTER 16 OF CITY CODE - ABOLISH "SPECIFICATIONS COMMITTEE," AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ARTICLE IV, "PURCHASING AND CONTRACTS" OF CHAPTER 16, "FINANCE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY REPEALING IN ITS ENTIRETY SECTION 16-17 ENTITLED "SPECIFICATIONS COMMITTEE"; AND CONTAINING A REPEALER PROVISION. Passed on its first reading by title at the meeting of January 11, 1978, it was taken up for its second and final reading by title and adoption. 0n motion of Vice -Mayor Reboso, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: 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. 8751 The City Attorney read the ordinance into the public record and announced that copies vete available to the members of the City Commission and to the public, 64 AN 241978 READINGMID I NI I : REGULATE COMMERCIAL PHOTOGRAPHY IN THE CITY OF MIAMI AND PROVIDE FOR A PEE SCHEDULE. AN ORDINANCE ENTITLED - AN ORDINANCE REGULATING COMMERCIAL PHOTOGRAPHY ON CITY OP MIAMI PROPERTY OR AT CITY O` MIAMI PACILITIES; REQUIRING THE ACQUISITION Off' A CITY COMMERCIAL PHOTOGRAPHIC PERMIT; PROVIDING PCR THE CITY MANAGER TO ESTABLISH SUCH TERMS AND CONDITIONS INCIDENT TO FILMING POR COMMERCIAL PURPOSES WITHIN THE CITY As SHALL IMPLEMENT CITY COMMISSION POLICY CONCERNING SUCH PILMINc; PROVIDING A PENALTY; REPEALING ALL ORDINANCES, CORE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONPLICT; AND CONTAINING A SEVERARILITY PROVISION. Passed on its first reading by title at the meeting of January 11, 1978, it was taken up for its second and final reading by title and adoption, On motion of Commissioner Gordon, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8752 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. 6 JAN 24SAY 1 271 AUT!-1 2I1:E CITY MANAGER To ENTER INTO MAINTENANCE AGREMENT WITH DADE COUNTY FOR tEAUTIFICATICIN s.W, Mat The following resolution was introduced by mice=Mayot Reboso, who moved Its adoption: RESOLUTION NO. 78-55 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH METROPOLITAN DADE COUNTY RELATING TO THE MAINTENANCE OF THE BEAUTIFICATION OF SOUTHWEST EIGHTH STREET, WITH FUNDS THEREFOR ALLOCATED FROM THE 1ST YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre 28, ACKNOWLEDGE SATISFACTORY CONCLUSION OF AGREEMENT WITH SEYFARTH) SHAW) FAIR- WEATHER AND GERALDSON - LEGAL SERVICES RENDERED, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-56 A RESLOUTION ACKNOWLEDGING THE SATISFACTORY PERFORMANCE AND CONCLUSION OF AN AGREEMENT EMPLOYING THE LAW FIRM OF SAYFARTH, SHAW, FAIRWEATHER AND GERALDSON AS LABOR LAW COUNSEL FOR THE CITY OF MIAMI AND PROVIDING COMPENSATION PAYABLE TO SAID FIRM AS FINAL PAYMENT AND DISCHARGE OF THE AFORESAID AGREEMENT, WHICH" TERMINATED DECEMBER 16, 1977, BY ALLOCATING $18,321 THEREFOR FROM 1977-78 LAW DEPARTMENT BUDGETED FUNDS AND FROM 1977-78 SPECIAL PROGRAMS AND ACCOUNTS 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: NOES; None, Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Vice-M1_ayor Manolo Reboso Mayor Maurice A. Ferre 66 JAN 241978 2514 ESTABLISH AND RECCiONIZEDADE COUNTY/CITY OP MIAMI CRIMINAL JUSTICE COUNCIL D I USSED At DEMO Mayor Ferret take up item number 10, establishing and recognizing the Dade - Miami criminal Justice Council. A resolution recognizing the propoeed Dade, - Miami Criminal Justice Counei as an effective interagency planning and coordinating body for establishing crime control measures and activities for the City of Miami and all Dade county, Florida and further commiting the City of Miami, through such council to continue to voluntarily cooperate with Dade County and the planning coordination and crime control and criminal justice activities by allocating 16,000 thereof for cash match to grants. The counselor proposed LEAA grant entitle bade County watching $16,000 in payment. Alright, Commissioner Reboso, Father Gibson seconds... Mr. Plummer: Now, wait a minute. What's the difference between--.- 1 want to know on the record--- now, I have the opportunity to read this one and yet here is another one thaes put in front of me. First of all I don't know which one we're acting on and what is the difference. Mr. Knox: The second one just indicates that the City will participate by providing a matching cash fund for this LEAA Grant. The first one was drafted in such a manner that it appeared that the City was establishing this council. Actually this council is in existence and it represents a joint venture between the City and the County and we talked about that -this morning and made necessary corrections during the day in order to reflect what's actually happening. Mr.. Plummer: Mr. Knox, let me ask you something because the thing that is most important to me as it has been through the consortium of CETA and that is this one does contain this wording and I want to make dam sure it% in this one. This resolution does not limit the City of Miami, in applying for funds, In other words I don't want the City to be having to be thrown in to a pool and precluding our going for individual grant and funds. Now, I have not had the opportunity to read this and I feel like it'•s... Mrs. Gordon: I don't understand the council memerships that+s related here on the facts sheet. Would somebody explain to me how the County Manager, the City Manager and then again, both the County and City Managers are related separately in a part with regards to making appointments to the council. Also a list of council members, who appointed them and when were they appointed and you know... Mayor Ferre: Well, Commissioner Reboso is on the council. Mrs. Gordon: When was the council created? Who created it? Mayor Ferre: Appointed by the Governor. Mr. Reboso: Was created by the Governor and the appointments were made up to now, by the Governor. Mrs. Gordon: Ok, then what is the new position of this since we're going to be funding it. Will this Commission be making additional appointments, is that it? Mr. Reboso: That's right. Mrs. Gordon; Ok, that's what I want to have cleorly understood. Mr. Reboso: Besides the existing one. Mts. Gordon: The roster that we have here before us is a Governor appointed group. Mr. Rebcs: That's right. Mrs. Gordon; Will the additional group be as large as this original group? lam, Rebmsm; Yes, it's going to be enlarged. 67 JAN 241978: Mts. Got -don As any mote Membership as this? That's a very totally unwofkable amount of people, (COMMENT MADE OEE THE PtJBttc RECORb) Mayot Fette: You see 1 think what Rose is pointing out and t think it's a very good thing. Who teptesent us? 1 see Reboso afid 1 see Grassie, Mr. Reboso: That's tight and the Chief of Police used to be in that,,, Mayor Fette: And the Chief of Police' Gatland Watkins*, But, Weinstein is Miami Beach, Otis Wallace, Jack Sansttom is the County, Rocktan is the State, Reno is the States Purdy is the County, Palmer is the Beach, Padroit is the Junior Clara 0ester?e is the County, Mejives is Hialeah, Jahet MCCatdle is the State,bewey :(night is the County, Johnny Jones is the School Systetm, Al Jacobson is Coral Gables, Gilfotd is Coral Gables, Wilkie Ferguson is a Judge, Mr. Reboso: Right, he is a Judge. Mayor Ferre: And the rest of them are Judges. Who is Chief James Gartania? Mrs. Gordon: Could we let this item stand until we gather more about it Mr, Mayor? I don't know enough about this to vote on it and I want to know another thing, where are they operating from? Where is the headquarters for this council, where do they meet? Grassie? Mr. Grassie: Could we have Mr, Parkins try to help you with some of these questions? Mrs. Gordon: You answer that question and then he can answer others. Where do they meet now, where are the... Mayor Ferret Rose, excuse me Mr. Grassie, in interest of saving time since they will be here at 3:30, we will wait until they get here. Mr. Reboso: Simberg is going to be here. Mrs. Gordon: Ok, Mr. Grassie, just answer the one question. Where are they meeting now, where is their headquarters? Mr. Grassie: They meet on the 12th floor of the County Administration Building, not the courthouse, but across the street, the County Administration. The staff is now located or is in the process of being located over in the Police Justice Building on a temporary basis. Mrs. Gordon: Oh, they're only there temporarily. Mr. Grassie: They anticipate for about a year. Mayor Ferre: Alright, we'll take this up at 3:30. In the meantime, we are on item... Mrs. Gordon: You mean they were already in there? Mr. Grassie: Yes. Mrs. Gordon: But, the bridge is not in where they were supposed to get in starting in September? I find this whole thing very interesting. Mr. Plummer: I think that' a cutting remark. Mayor Ferre: Well, I think it's a valid remark, it may have been cutting, but I think it has a certain amount of credibility to it. No, I can't argue that point. Mayor ?erre: We're on item 31, the question of appointing the Affirmative Aetion Advisory Board. Are there any questions on this? l did ®Ake my appointments, the fitly one that have not made his appointments, was Plummer. Mr. Plummer: My appointments Mr. Mayor, are the reappointment of Rev. McKinley and the new addition, my second appointment is that of Linda Made to this Committee and l submit to the Clerk her resume for not only contacting her, but for the records of.this City. Mayor Ferret Alright, Mr. Clerk you have the appointments of the rest of the members of the Commission, Mr. Plummer: Excuse me, 3 was also, asked and requested that Rev. McKinley be the two year appointment and Linda tads be the one year appointment. Mr. Ongie: Alright, sir. Mayor Ferre: Alright, call the roll. Mrs. Gordon: J. L. I think you got three years and two years on that. Mayor Ferre: Plummer moves, Gordon seconds, further discussion on item 31? Ca11 the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-57 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY AFFIRMATIVE ACTION ADVISORY BOARD AND CONFIRMING THE DESIGNATION OF CERTAIN OTHER INDIVIDUALS BY CERTIFIED BARGAINING REPRESENTATIVES OF CITY EMPLOYEES AND ALSO APPOINTING SAID DESIGNATED INDI- VIDUALS AS MEMBERS OF SAID BOARD. (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: NOES: None. Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson 69 1 JAN 241978 AbbITIOIVI. APPOINTMENTS To THE MIA! t mom_ I . The following resolution was introduced by CoMtit sioner Gordon, who toyed its adoption: RESOLUTION No. 78,.58 A RESOLUTION APPOINTING MRS. YOLANDA MERCEDES BALSEIRO BUCHMANN AND MRS. MIGON MEDRANO AS MEMBERS OE THE CITY OE MIAMI MEMORIAL COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre 32. AUTHORIZE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION 5-FOOT STRIP S.E. CORNER DOUGLAS RD►/MAIN HIGHWAY - FOR BILE PATH, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-59 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A FIVE (5) FOOT STRIP OF LAND COMPRISED OF 581 SQ. FT., LOCATED ON THE SOUTHEAST CORNER OF DOUGLAS ROAD AND MAIN HIGHWAY, MIAMI, FLORIDA, FOR THE SUM OF TWO THOUSAND FOUR HUNDRED TWENTY-TWO DOLLARS AND SEVENTEEN CENTS ($2,422.17), AND ALLOCATING TWO THOUSAND SIX HUNDRED ($2,600.00) DOLLARS FROM THE 1972 PARKS & RECREATIONAL FACILITIES G.O. BOND FUND TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISI- TION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES; None, Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Terre 70 JAI 241978 33) CLAIM MOM Co s t km AftAm FeRRos The folifting reaOlution was introduced by CoffimiSsiOner Gibson, who moved its adoption: RESOLUTION NO. 7840 A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY TO CARLOS T. PEW AND AIDA FERRO WITH THE ADMISSION OP L/ABILTIY, THE SUM OP $9,350.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OP USE, PERSONAL INJURY PROTECTION LIENS, AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS AND DEMANDS AGAINST THE CITY OP MUM, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OP MIAMI FROM ALL CLAtMS AND DEMANDS, AND TO PAY TO LIBERTY MUTUAL INSURANCE COMPANY WITHOUT THE SUM OP $4,402.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR COLLISION SUBROGATION CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre 71 JAN 241978 4i CLAM T BOLTON. The follow4ing resolutions was introduced by Cot issioner Plus uer, who moved its adoption: RESOLUTION NO. 78-61 A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY TO ROBERT BOLTON WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $5,425.00 IN FULL AND COMPLETE SETTLEMENT OP ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, AND PROPERTY DAMAGE, CLAIMS AND DEMANDS AGAINST THE CITY OP MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY PROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre JAN 241978 I 1 35 CLAIM SMIPENT; JUNi PALO The following resolution was itittOduded by Video-Mayot eb�So, who thoVed its adoption: RESOLUTION NO. 7862 A RESOLUTION AUTHOR/ZINO THE FIRECTOR OF FINANCE TO PAY TO JUAN BA= WITHOUT THE ADMISSION OF LIABILITY, THE SUM OP $9,000.00 /N FULL AND COMPLETE SETTLEMENT OP ALL BODILY UNIURY, LOSS OP USE, AND AUTOMOBILE PROPERTY DAMAGE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OP A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO SENTRY INSURANCE, A MUTUAL COMPANY, WITHOUT THE ADMISSION OP LIABILITY, THE SUM OP $1,000.00 /N FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PRO- TECTION LIEN CLAIMS AND DEMANDS AND THEIR PERSONAL INJURY PROTECTION LIEN CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre 36. CLAIM SETW : JUDY MAXINE WHAM The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 7863 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JUDY MAXINE DUHART AND tWITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,750.00 IN PULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EX- ECUTION OP A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file itt the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner (Rev.) Theodore R. Gordon Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 37, ALLOCATE $131400 TO PREPARE SAMPLE BALLOT FOR VOTERS FOR STORM SEWER BOND ELECTION, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-64 A RESOLUTION ALLOCATING THE SUM OF $18,000 FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY, FOR EXPENSES INVOLVED IN GIVING INFORMATION TO THE PUBLIC CONCERNING THE PROPOSED $15,000,000 STORM SEWER BOND ISSUE, WHICH BOND ISSUE WILL BE VOTED UPON AT A SPECIAL BOND ELECTION IN THE CITY OF MIAMI ON MARCH 7, 1978, AS PROVIDED BY ORDINANCE NO. 8737; AND TO INFORM THE CITY VOTERS AS TO THE IMPORTANCE THAT RAPID TRANSIT IS TO THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote; AYES; NOES; None, Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor Manolo Reboso Commissioner J. L, Plummer, Jr, Mayor Maurice A, Ferre 74 ;IAN 241978 1 APPOINT MEMBERS IN ACCVMITTEE t EDUCATE flt PUBLIC ON THE STORM SEWER ISSUE ACTION (Th BE WO MICH 7, 1 8j Mayor Ferre: NOV, the Manager or Clerk Merrill==- anyway, Clark are you here? Mr. Merrill: Yes. Mayor Ferre: Were suggesting that the Cotomission appoint citizen Storm Sever Bond Election committee. Nowt it the past you know, we've always had a Committee to help us get these things through and I think it tight be worth while to do the same'thing all over again. Clark, do you have any recotsmendations? (Co 4M Nt MADE OFF THE PUBLIC RECORD) Mayor Ferre: What's that? Well, I'll. tell you, I would recommend and we'll take it up on February 9th, but here is my recommendation. I think we ought to have Mr. Rogelio Barrios=-- are you getting that down Mr. Clerk?--- Mr. Rogelio Barrios, Mr. Luis Sabines, Mr. Max Friedson, Mr. David Pincher, Mrs. Elizabeth Virrick, Ms. Gloria Basile,- - Rose, you got any... Mts. Gordon: I'm sorry I'm not on--- what are you doing? Mayor Ferre: We're trying to get names for a Committee and we got to move quickly because the election as you know is March 8th. Mrs, Gordon: Which Committee sir? Mayor Ferre: We're on item 38. Mr. Plummer: Volunteers to work, to get it passed. Mayor Ferre: Sewer bonds. Mrs. Gordon: Oh, the sample ballot deal? Mr. Plummer: No, Rose, we were trying to formulate that it was recommended that a committee be formed... Mayor Ferre: If you would read your memorandum on item 38 and you memorandum is paragraphed. Mr. Plummer: Mr. Maxwell Waas. Mayor Ferre: We've got to get somebody from the Northeast area. Grace Rockerfeller. Mr. Plummer: Yes. Mrs. Gordon: Promote this issue, is that what you want? Mayor Ferre: How about Dorothy Gentry? We ought to get Mrs. Dorothy Gentry from Grapeland Heights. Mrs. Gordon: Mrs. Jerry Bain, President of the Miami Board of Realtors. How many do you want, about five of them. Mayor Ferre: Well, I think we ought to cover the City geographically. Mr. Plummer: Mr. Ken Clifford. Mayor Ferre: Age wise, Mrs. Gordon: Ma. Maureen Gillman. Mayor Ferre: 1 think we need some young people too. Mrs. Gordon; Well, 1 think she is rather young. She ie young enough and pretty, (COMMENT MADE OFF THE PUBLIC RECORD) 75 JAN 241978 Mts. Gotdoht She's got the tight heasutettehts6 Mayor Pette: Ah, the Governor is the guy you got to talk to oft that, vote. You heard what the Goiiernot said about Janet Redo. Mrs► Gordon: Ok, Jerry Bain, ureetiGi lrna bee Wider, These ate all different areas, that's south, west, tiotth Ms. Inez i coif. Mr. Plummer: Wellingtontdo you serve? They have an interest Wellington. Mts. Gordon. They either live or work or have offices or have any interest financially. Mayor Ferre: Wellington, how would you like to be the Chairman in this Committee? Wellington Rolle as Chairman. (COMMENT MADE OFF THE PUBLIC RECORb) Mayor Ferre: ...? Mr. Plummer: Well, Mr. Mayor I would like to leave this thing open that any citizen of this community who would like to participate... Mayor Ferre: I know, but we got to get the ball rolling J. L. Mr. Plummer: Well, you got enough I think for a new list, really. Mayor Ferre: Well, I'd tell you I'd like to put Rudy Miller on, how about Robert Sedrick Johnson. Mrs. Gordon: Well, you got Inez and she works with him. Mayor Ferre: Well, if you think of any more names, I'm giving you the roll. Mrs. Gordon: I'm trying to think of another name. Mr. Plummer: I'm trying to think of the man's name who is head of CPA, the organization down there. Mayor Ferre: Stan Axlerod. Mr. Plummer: Well, not Stan, the other man. Mayor Ferre: Morrie Sissleman. Mr. Plummer: No, no, as a tenant Maurice, there is an association of the tenants. Mayor Ferre: CPA, the head of the CPA Tenant Association. Mr. Plummer: You know and 1--- Mr. Grassie, it would also behoove you I think to try and get,all of these condominium have an association, you know every one of those condominiums represent about thousand votes now, that you get and at least if you don't get them as a member of the Committee, that you get them well informed. Mrs. Gordon: Eddie Nodarse. Mayor Ferre: Eddie Ogarse? Mrs. Gordon: Nodarse. Mayor Fevre: Oh, Nodarse. Mrs. Gordon: Ok? Mayor Ferre; Oh, yes. You mean Bob Kevin Jr. Alright, anything else? Well, if you think of more naives, send it to the Clerk, We got a job and I would be very grateful if you'd be back here on February 9th and give us a report as to how your Committee is doing and when you met and whats happening and if there is any other people you want to add to the Committee, please let. us know we will be happy to appoint them. 76 JAN 241978 39# AWN& DIXIE COMMUNITY PARK GAME COURT RENOVATION a PHASE Mayor Ferre: Alright, sit we're now on item number 194 Did we vote on 38? Mr. °egie: Yes sit. Mayor Ferre: Alright, we're on 19 now. Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, seconded by Reboso, further discussion? Ca11 the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 7845 A RESOLUTION ACCEPTING THE BID OP WEBB GENERAL CONTRACTING, INC. IN THE PROPOSED AMOUNT OP $89,700.00 FOR THE DIXIE COMMUNITY PARK, PHASE I «- GAME COURT RENOVATIONS; FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUNDS" IN THE AMOUNT OP $89,700.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Is this the basketball part or what? Mr. Plummer: No, it's more than basketball. Mayor Ferre: Basketball standards, lighting, new fencing, lighting, nets, basketball standards, court reservicing and painting. My question, is this strictly a basketball court? Is there a tennis court or is there anything else in there? I mean, what do we get for 89,000 is the question? Mr. Howard: Two tennis court and a hand ball court, plus the basket. Mayor Ferre: For 89,000 and the lighting? Hey, Al, while you are up don't go. I keep getting reports over and over again, that we don't have enough softball facility in this town and that people are going to Hialeah, that on a per capital basis Hialeah has more baseball fields than we do, You know, tennis is a very nice elite type of a game and hand ball is something that takes a lot of engergy, but everybody plays softball. You know, theta the type of a sports that young people and old people play and I think we ought to really... 1 know you can't answer it now, but would you update.,. Mr. Plummer; Do you know what the truth of the matter is Mr. Mayor? The reason we have a shortage is because all of the people cote fro Hialeah to play here, Mr, Howard: No, we've eliminated that, The problem is, is to get some lighting on the field to extend the recreation day. 77 JAN 241978 Mayor fette: Well, I'll tell you what I would like fot you to do Mt. Grassie? Mt, PiutdMet: I'M glad you brought that ups Mayor Ferte: Mt, Gtassie? Mt. Grassie: Yes sit. Mayor Vette: Doing the campaign, as you can imagine f got around to the diffetent places. One of the places I got around to were softball fields at night and for example; over what's the big park where everybody uses, which is the big... Mr. Grassie: Curtiss. Mayor Verre: Curtiss park. The light at Curtiss Park are really bad. I mean they are what? 30 year old lights, or 20 year old lights? and 20 years ago there were great, but today you can see shadows and I don't know much about playing softball for two or three hours at night, but evidently, with those lights, it gets kind of rough because you can't always see the ball. I would like for Mr. Howard,— to take his time--- but, legs say in the next couple of months, come back to this Commission update us on what we have, what our priorities are, what we can realistically do in the next two years and what needs to be done. I may, for example; be in favor later on of gearing up towards the bond issue, if we can't find any other sources to be put on a ballot this Fall specifically ear marked for increase for improving our recreational facilities in those areas that we can do a good job. Like softball and things of that nature. So, would you come back and kind of bring us up to date and if you want to update it in any other facilities, if you want to include tennis courts--- I'm not as interested in tennis courts, because I think... I've never heard anybody complain about our tennis facilities, but there isn't a week that goes by that somebody doesn't come complain to me about the fact that we don't have enough softball facilities in this town. Mr. Plummer: Mr. Manager? Mr. Grassie: Commissioner. Mr. Plummer: In your short tenure here I think I have complain twice to your department. We spent almost a hundred thousand dollars for lighting in Kennedy Park and at any given time, if 50% of that lighting is working, we are lucky. I know that you wrote back to me one time that we have a problem with the underground cable. Now, all I'm going to say to you is, I think for that kind of money somebody's feet ought to be held in the fire and that lighting should be working, because to me the lighting is safety. And I'm really just tired of writing memos that I've got to bring it to somebody's attention. I think that we should follow through and if it takes new cables, let's do it and let's get it done once and forever. Mr. Grassie: Well, let us get you a response on just what the problem is. Mr. Plummer: My response will be the lights on. Mr. Grassie: When you see them on then you will know that it is solved. Mr. Plummer: I know that you did what you were supposed to. Mr. Grassie: Ok. Mr. Reboso: Alright, then it's over. Mayor Ferre: Did we vote on this one? Mr. Ongie: Yes. Yes, we did. r ' 8 JAN 241978 i ESTABLISH AND Recant JMIN41 CRIMINAL JUSTICE MIL AND APooirr ADDITIONAL PEWS OP THE CIDI OitiviISSION TO THE Cittlaa Mayor. Ferret Well, the last one is accepting and awarding bids for the tittle Havana CoMmutity Center, fonds to be allocated frot 1st, 2nd and 3rd year Federal Community... Mr. Ongie: It's withdrawn Mr. Mayor. Mayor Ferret What's that? Mr. Ongie: Item 40 is withdrawn. Mayor Ferre: Oh, that's been withdrawn. Mr. Plummer: When? Mr. Ongie: It's stamped on my agenda withdrawn. Mr. Plummer: Well, more importantly why? Mr. Reboso: Mr. Grassie? Mr. Grassie: Which item are we talking about? Mr. Ongie: 40. Mr. Plummer: Why, is it withdrawn? Mr. Grassie: The bids came in too, high, about $100,000 too, high. We are having the architects re -do and we are going to have to rebid. Mayor Ferre: And how much is that going to set us back? Six months? Mr. Grassie: No, no sir. Three weeks. Mayor Ferre: What? Mr. Grassie: Three weeks. We are already out to rebid. I mean, we are already back to the architects for the rebid, so we are not going to take that long. They came in a hundred thousand dollars too, high. Mr. Reboso: Alright, Mr. Mayor, would you please call item 31 again? Mr. Simberg is already here. Mayor Ferre: Alright, we are now on item 31. Mr. Plummer: 31. Mayor Ferre: 31. That's the one that... Rose, we are back to item 31 now. Mr. Plummer: No, 30. Mayor Ferre: We are back to item 30. Alright, would you step foward, Good afternoon. We are having some truble, so we have some question on this. •Perhaps, you might answer some questions. Why, don't you give us a little two minute pitch on this and then we will go from there. Mr, Simberg: Ok, As you know the City of Miami and Dade County have been participating for LEM purposes with Our office now for over five years. In 1972 there was a coordinated effort creating the Dade County Criminal Justice Advisory Council with 19 members originally and we have 27 members now, all appointed by the Governor and a Criminal Justice Planning Unit. The Planning Unit staff and the councils'are for all of Dade County, all of Metropolitan Dade County and all of those municipalities for crime control or criminal ,justice purposes as specifically created under the On The Bus Crime Control and Safe Streets Act of 68, for LEAA purposes. If there were time, if there were staff available it was to do other activities. Over the last two years we have gotten into other types of activities 79 JAN 241978 and what we have finally moved to with today's agenda item, is something on two levels; one, we ate acting as a cleating house fot i edetai Grants within bade County, as a one stop place tot private agencies and public agencies that cOite cooking for grants and Federal Funds in the area of criminal justice, For example; we ate handling all of the LEAA funds as I previously eluded to, in addition we ate directly administrating the ?rime prevention portion of the Community bevelopment Grant fot the County and Work closely with the City of Miami, Community Development Funds. We also, directly administer an Economic Development Adtiinistratloh Grant that is thatched with ;.FAA funds for renovating the upper floors of the twain jail. And as of January 1, the Manpower consortium turned over` to us 25 contracts for critinal justice related activities, bringing a total of 77 projects and $9,000,000 and four Major Federal Funded Programs under the offices of the proposed badeland a criminal justice council. Where ate other types of Federal Funding which we interact with but, don't directly administer. You have interagency agreements with the Mental Health t3oard at Florida International University, etc. This is one level that we have achieved coordination. The other level that you get into direct management type policy decision making at advisory capacity. Our council through our Chairman, Judge Gelber, who could not be here until after 4 this afternoon. Appointed the Youth Agency Liaison portion of our office to be the staff to the inquiry into the youth hall. The final report was delivered yesterday to Judge Gelber and those are the types of staff support that we anticipate providing in the future. Mayor Ferre: Alright, thank you ver much, Jeff. Are there any questions? Mr. Plummer: Yes, answer this question for me. Tell me how we the City of Miami, are better off than we were before. Mr. Simberg: Ok. Vey simply, the City of Miami will be provided with various services. We have been working very closely with Mr. Parkins, Community Services on the Federal Revenue Sharing, General Revenue Sharing and we provide the services of, advise, comment and priority settings for those funds relating to criminal justice. It is a repository of professional staff at your disposal. If an issue comes up for example; of should there be a alcohol center in same place within the City, should there be a site, which site would be better than others. There is various resources that we can provide free of service to the City and for the limited match that we are looking for what's particularly a LEAA Grant. Mr. Plummer: This as proposed in no way prohibits the City from applying directly to LEAA for a grant. Mr. Simberg: Not if it's discretionary funds, not it does not. But, we always aid the City. We have helped get the City additional funding over the years and there is no precondition involved whatsoever. In fact the results of the deliberation? of this proposed council are nonbinding. So, it should be... Mayor Ferre: Any other questions? Rose, you got any other questions on this? Mrs. Gordon: I think Father Gibson has quite a few if you will wait until he comes back. Mr. Plummer: Rose, you were inquiring about the makeup of the council itself. Mrs. Gordon: I will in just a minute, but Father has something to say first. Rev. Gibson: Well, I want to ask generally, where do you get your funds from? Mr. Simberg: Right now, the $9,000,000 is made up of appoximately four and a half million dollars of LEAA Funds, about a million dollars in Community Development funds, about three and a half million dollars of Manpower Funds and about a million and a quarter in Economic Development Administration Funds. Those we directly administer. We also, have interagency agreements, as I mention earlier with the Mental Health Board etc. and I don't count that in the total. Rev. Gibson: The reason I am asking.,. Mr, Grassie, we are going to contribute $16,000? Mr, Grassie: Yes, sir, Rev, Gibson; Who else is contributing, other than the Federal Governor? Mr, Grassie; The County is contributing $16,000 and,,, SO JAN 241 7 Rev, Gibson: Who? Mt. Massie: The Coutkty, Dade County is contributing $16,000 and the pedet~ai Covertttheent will contribute WOOD. Rev, abaft: And who? Mt, Gtassie The Pedtral Govetntnent. Rev. Gibson: You know why I'm asking that don't you? Mr, Grassier I can guess. Rev. Gibson: t'm concerned of what proportion of representation on this Committee da.we have. Mr. Simberg: Mr. Grassie is a member of this council, Mr. teboso is a member of this council, Chief Watkins is a member of this council or his successor and we hope to have an additional member of the City Commission on this council at the least. Ok, it's by position. We hope the proposed by laws will be accepted by the council when they meet the next time---- which will probably be the first week in March-- and Mr. iteboso, was on the by laws subcommittee, where these by laws were approved and does allow for representation from the City of at least four of 31. Mrs. Gordon: You know, t got to say something for you because I have known you for a long time and worked almost, side by side with regards to interest in the prevention of delinquency. But, I have to tell you now that I felt that there was a little bit of lack of interest on your part --- and you are a council--- with regards to the formation of a comprehensive youth services facility. Through the contacts that we had with your staff at the various meetings that took place, I found it a little bit difficult to understand how you could lack interest in the subjects that you created to perform. Now, if you can explain that to me, I would be most appreciative. Mr. Simberg: You're talking about the Pink Youth City report, which was produced by the City? Mrs. Gordon: The concept that was created by the City and the attempt of the City to put together a comprehensive program for youth. I didn't find you too, cooperative. Mr. Simberg: Well, when you say you, I imagine you are referring to the office. Mrs. Gordon: You and your staff and your agency, ok. Mr. Simberg: Right, ok. Mrs. Gordon: I have one bad fault, I say it like I think it. Mr. Simberg: That's alright, you are entitled to it. The concept goes back now at least three years, when we werein our old offices and I would say that we provided staff support to that concept. I know that I was on that originally, with your assistant Delores and we worked very hard to try and get something in there that dealt with youthsand I remember we had a distinct problem with attracting LEAA Discretionary Funds and for putting youth into a facility where a maximum facility exists and they are still there today, and of course, they will be moving out within a few weeks. I cannot make any apologies for--- you know--- what you feel as though was lack of cooperation. I know that we spent hours and hours of staff time, I know I was there, I know you were there and the only thing I can tell you is that you cannot get everything. We had major political obstacles and I think that with the moving of t:ie Miami Bridge, right next door and other youth agencies, the concept may yet come to fruition, Mrs. Gordon: Well, the bridge hasn't moved in, You have, but they haven't. Mr. Simberg: Well, the bridge is moving in and we want to see them move in. I stop in there very regularly, down at their present site and I know that they need to move in, And 1 think it needs extensive renovation for a live•in.facility for those youngsters end where we moved in requires just about.-- you know--- so paint and we brought own dividers with us and we just moved in. Mrs, Gordon. Well, I know there was quite an extensive amount of other kinds of work done. 81 joi 241918 Mt. Sihbetgt Well, if you would come over here, you would see that it has not been done yet. Mrs. Gotdont Ok, I don't choose to argue with you. I just sithply had to state for the record, the feeling that I have the sotewbere along the way in tore recent time than three years ago, the interest of your staff becattie negative rather than positive with regards to the implementation of the cottprehensive program, ok. And now I do feel that if we go along on this program, that indeed we do have inure than a single coffitissiOntr and that we have at least three or four possibly, who might still be interest in working to the goals that we have. Is it because this commission expressed those goals on numerous occassions and frustrated at the very end by what took place. So, I'ta going to ask the Mayor's permission to appoint Commissioner Gibson to this cotiittee. Mayor Ferre: You mean in addition? Mrs. Gordon: Yes sir, because... Mayor Ferre: That's fine. Mrs. Gordon: I read this as being one that can be expanded and I... Mayor Ferre: I certainly would subscribe to that. If Father Gibson will accept it. Rev. Gibson: I will. Mayor Ferre: Jeff does the Governor have to pull appointments there or... Mr. Simberg: Up to this point the Governor has been appointing every member of the council. Mayor Ferre: I don't think there will be any problems because the Governor is putting up $2,000 and we are putting up $16,000. Mr. Reboso: Well, how come they don't need more local appointments than the Governor will get out of this business. Mrs. Gordon: The fact sheet and the information requesting money from this Commission, so states that this Commission shall appoint people to this council and it is in here with a request for the money. Mayor Ferre: Alright, Rose, I will recognize you after we pass the motion to then make a motion recommending both Father Gibson and Reboso and yourself. I think the three of you should be on it. Mr. Reboso: I am already appointed. Rev. Gibson: Alright, then the three of us. Mayor Ferre: Alright. Mr. Reboso: I move it Mr. Mayor, item 30. Mayor Ferre: There is a motion on item 30, is there a second? Rev. Gibson: Second. Mayor Ferre: Alright, there is a second. Further discussion? Mrs. Gordon: On discussion. I would hope that anything that created this kind of feeling of uncooperation in the past would be a thing of the past and that we could go forward, all of us who are deeply interested in the improvement of the criminal justice system-- as it relates to youth particularly— will go forward on and on and not sort it in sword and try to sabotage the programs, ok. Mr. Reboso: Very good. Mrs, Gordon! Ok. Mayor Ferre: Alright, call the role 82 JAN 2419Th The following tesoiutibh waS iiittoduoed by Vie e t ydt Rebdsa, who moored its adoptioi: RESOLUTION NO. 7846 A RESOLUTION RECOGNIMNO THE PROPOSED DAVE,,MtAM1 CRIMINAL Jt1STICE COUNCIL AS AN EPPECTIVE INTER.,AGENCY PLANNING AND COORD/NATINO BODY FOR ESTABLISHING CRIME CONTROL MEASURES AND ACTIVITIES FOR THE CITY OF MIAMI AND ALL OF DADE COUNTY, FLORIDA, AND FURTHER COMMITTING THE CITY oP MIAMI THROUGH SUCH COUNCIL TO CONTINUE TO VOLUNTARILY COOPERATE WITH DADE COUNTY IN THE PLANNING AND COORDINATION OP CRIME CONTROL AND CRIMINAL JUSTICE ACTIVITIES BY ALLOCATING $16,000 THEREFOR FROM "CASH MATCH FOR GRANTS" ACCOUNT FOR A PROPOSED LEAA GRANT ENTITLED "DADE-MIAMI CRIMINAL JUSTICE COUNCIL". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Mayor Ferre: Plummer moves. Vice -Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre Mrs. Gordon: I have a question if you will permit. Mayor Ferre: Wait a minute, Plummer moves and I will second, that--- oh, Reboso seconds, because you are not on it--- Rose Gordon and J. L. and Father Gibson, be the City's appointees. Mrs. Gordon: Mr. Mayor, as a question... Mr. Reboso: Question? Mr. Simberg:_ First of all Mr. Rebosoie,already on the committee As first proposed by the AdHoc Committee, which Mr. Reboso was.on, there is only expansion for one more City Commissioner at this point in time. Mayor Ferre: Well, the problem is--- you see--- that we are putting up $16,000. Mrs. Gordon: Do you want our money? Ok. Mr. Simberg: I don't make the by laws. Mrs. Gordon: Well, the by laws, I don't know anything about, but I do know what we have here. Mr, Simberg: There is an equal amount of City Commissioners and an equal amount of County Commissioners, There are twice as many County Commissioners as there are City Commissioners. Mr. Plummer; You see, that's not quite true, because if what I understand, you just understand Father, You have to sometimes get an interpreter for Father. Now, when Father was stating I noticed the participation of Miami Beach in members but not in dollars. Rev, Gibson; YesFsir, Hialeah two, Coral Gables three, 83 JAN 241978 Mr, Plummer: What .e are saying is that .... Rev. Gibson: Mr, Plummet: Pov. G.itr,:vTt: We .., to oouht our dollars. See, that's the way to get Gibson motivated, That's right. Mrr, i mberg : But they also have the Police Chief, City Manager, two City Comtissioners,., I'm just saying that I don't make by laws .... Mr. Plummer: What we're saying, I think what Gibson is saying and I concur we'll give you the Manager and we'll give you the Police Chief and we'll give you one CotTmi sioner$ but no mnney, You couldn't survive that way. Mr. Simberg: I don't want to answer to that, It's not an issue. The County is putting up, you know, a very, very large of a match on this. Rev, Mrs. Rev. Mrs. Rev. Gibson: Gordon: Gibson: Gordon: Gibson: Yes, but some of that is ours too. You bet your boots we pay the County, You believe it's 25% of all that they get. Yes, yes, Thereabout or more. Mr. Plummer: Well, Father, I think an appropriate motion is that item 30 passes based upon the addition of Father Gibson and Mrs. Gordon to that committee. I think that would be in order. Mrs. Gordon: Mr. Plummer: Mrs. Gordon: Ok. Did you move it that way? Will I, sure. Ok. I'll second that, Mr. Reboso: Ok, it's a motion and a second. Will you please call the roll; The following !:lotion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-67 A MOTION ADDING COMMISSIONER ROSE GORDON AND COMMISSIONER T. R. GIBSON TO THE DADE/ MIAMI CRIMINAL JUSTICE COUNCIL. Upon being seconded by Commissioner Gordon, passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. ABSENT: None. 54 the motion was Mr. Reboso, and JAN 241978 411 CONFIRMING ICN! CLOSE Cc SA 8TH StI FOR 'CALLE 8 Fts1'IWA4i" The follatittg resolution was introduced by Commissioftet Plummer, vho moved its adoptiont RESOLUTION No. 78,-68 A RESOLUTION CONDITIONALLY AUTHORIZING THE CLOSING OP S. W. 8TH STREET AND CERTAIN STREETS FROM BEACOM BOULEVARD (27TH AVENUE) TO 12TH AVENUE ON SUNDAY, MARCH 12, 1978 FOR THE OPEN HOUSE 8 PROJECT ORGANIZED BY THE M NI HERALD AND THE 1IWANIS CLUB OF LITTLE HAVANA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Terre ON ROLL CALL: Mr. Grimm: Mr. Mayor, if I may comment. I want to make sure that the Commission is aware that since Mr. Pateen was here, the Chief of Police came to see me and he wanted that 17th Avenue and 22nd Ave- nue must remain open in order for them to survive through the traffic. So we have included those provisions in that resolution. Mayor Ferre: Well, ok. I mean, we've got to do what the Police Chief says. We can't go around closing streets... 412, ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FOR VARIOUS PHASES OF CONSTRUCTIONS "TRADE FAIR OF THE ANERICAS," Mayor Ferre: Now, we have item 6 which was put off until this afternoon because Mrs. Gordon wanted to think about it a little bit more. Mrs. Gordon: Yes, I wanted to get information about what particular contracts were contemplated. I did ask Mr. Crumpton and he satisfied me that there was one or possibly two items that couldn't wait for the next Commission meeting and those were the only things he was requesting and I would move it. Mayor Ferre: Before I vote, what are the items specifically on the record Mr. Crumpton. Mr. Crumpton what are the items that you need to move so quickly on? Mr. Crumpton: On one there is a contract that for the construction of the City of Miami... Mayor Ferre; For what? Mr. Crumpton; For the construction of the City of Miami booths that 85 JAN 241978 will be in there for toe service people and for the Y such other service activities and two ends of the second floor which is coming before ==s- on the 27th. Mayor Ferre: I don't want the details, just what it is, that's one. What's the next? Mr. Crumpton: Mayor Ferre: Mr. Crumpton: Mayor Ferre: Mr. Crumpton: Mayor Ferret Inspecting the booths, the possibility of security. Security? Yes sir we've got to go out for security guards. Like what, Wackenhut, is that what you mean? Something of that nature, yes. You are going to put it for bids.... Mr. Crumpton: Oh yes. Yes, but we're not certain that that will meet your commission agenda and there would be one other one, that would be for the VIP lounges and so forth on the first floor. Mayor Ferre: You know, I would hope that you would give an opportunity Charlie to the smaller firms, other than Wackenhut, especially to those that are minority groups, you know, that have firms. They have to be qualified, they have to have a track and... Mr. Crumpton: Yes, it'll go out for any qualified firm that... Mayor Ferre: Well, I'm just expressing my personal opinion and I'm sure the rest of the Commission would concur that everything being equal,you give it to a minority firm. Mr. Crumpton: Surely. Mayor Ferre: And, I think it's time for us to give it to smaller firms and move these things around because I have nothing against Mr. Wackenhut and his firmbbut it's always Wackenhut, Wackenhut, you know, I think it's time to move these things around, and give other people the opportunity to bid on these things. Mr. Crumpton: Surely. Mayor Ferre: What else do you have? Mr. Crumpton: Those were the two major ones and there would be one other one of the VIP lounge that would have to be furnished and constructed. Mayor Ferre: The catering or the construction of? Mr. Crumpton: The construction of. With our catering we're going to get somebody to volunteer. Mrs. Gordon: There is such a limited period of time between now and the time that these things have to be completed. I honestly don't know how it's going to be done Mayor Ferre: And, my advice to you is the heck of this volunteering stuff. Let me tell you volunteers don't show up, you know. Mr, Crumpton: That isn't what I meant. There are a couple of companies who will pay for that, that's their service. Mayor Ferre: Ok, but be careful with that. Charlie, on the question of the state and their little... did we settle that thing with Luis Laurdo, I haven't asked him? The state wanted to have a booth, is that settled? Mr. Crumpton; Yes, yes, I worked that that with Joe Hennessy, Mayor Ferre: And, Hennessy satisfied there's no 86 JAN 2410 The following ieso1utibt was ihttz du%ed by Coi:missiohet Gotdr n, wh i moved its ado itioh: RESOLUTION No. 78-69 A RESOLUTION AUTHORIZING THE CITY i ANAGER To ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FoR THE VARtoOS 'RHASEs or CONSTRUCTION AND EXPENDITURES RELATED TO THE TRADE PAIR OF THE AMERICAS, WITH FUNDS THEREOF TO BE EXPENDED PROM THE "LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND"; SUBJECT TO THE CONDITION THAT THE AWARD OF CONTRACTS BE MADE To THE LOWEST RESPONSIBLE BIDDER; AND FURTHER SUBJECT TO THE APPROVAL OF THE CITY COMMISSION PRIOR TO THE EXECUTION OF THE AFORESAID CONTRACTS. (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 Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 43. DISCUSSION ITEM: DISABLED POLICE OFFICER BEING RETURNED TO FULL DUTY. Mr. Plummer: Mr. Mayor, let me bring up a subject. Mr. Knox, you better listen to this and keep me out of trouble. A matter came before my Pension Board that has got me tremendously upset. Mr. Mayor we have a case in which we have a City of Miami Policeman, who because, I hope you're listening, because to me this is most critical. Mr. Knox I'm speaking now as a member of the Pension Board, not a Commissioner, ok. Due to some last minute changes we have a City of Miami Policeman presently, who was denied the right to go back to work, but yet also was denied a pension. Now, let me, Rose, I'm not playing to the newspapers or what's been in the papers, because what I'm bringing up hasn't been in the papers and bothers me more. This man Mr. Mayor, was put back to work with a 30% medically adjudged disability,and the department, who at first put him back on light duty has now taken him out of that status and put him back into full active police duty. Now here we have a man with 30% disability, but yet we cannot find a job in light duty, and I think that this City and I said this at the Pension Board and I'm saying it here because it concerns me that we're putting a man back to work that is only two-thirds capacity and I think that is wrong, very wrong. Now Mr. Knox if I have stepped out of line you tell me so, but more importantly, what can this Commission do if anything to see that a man who is my our own medical certification declared 30% disabled and no one can find light duty work that he has been given his gun and put back out on the street..- Now, I just think that this is wrong. Mr. Grassie: I wonder Commissioner if the first thing we shouldn't do should be to find out whether it's true. Mr. Plummer; Well, now I asked Mr. Mazin and unfortunately Mr. Mazin is not here. Mr. Grasse; Why don't we find out from the Chief? Mr. Plummer; Excuse me, to rest your mind, what was the man's name JAN 24197i+ that I had here Vince? No, I'm asking you who is the subject in question. What was the man's name representing the Department at our Board, who said yes it was? The representative of the Chief was here. Well, we were told by that individual that in fact this was the case. Mr. Grassie: Well, was he representing the Chief? Mr, Plummer: Well, the Department. +r. Grimm: Commissioner, as a member of that Board, I think there was a little confusion in the presentation because I think the accusation was that he was at a desk or on full-time duty but he had not been at that time issued a weapon, and then somebody said that yes he was. He was issued a weapon and put back on full duty. Mr. Plummer: And put back on full duty. Mr. Grimm: Yes, but I also remember the testimony of that lieutenant he said that there were no restrictions placed on that individual by the City Physician for his being able to return and assume full police officer duties. Mr. Plummer: Well, Mr. Grassie... Mr, Grimm: And, I might comment to if you remember that on the meeting prior to that and this was one of the questions I raised was that the fact that just a month before a testimony was given that there were no light duty positions nor would the City Physician release this person for any type of di.,ty in the month of time that completely reversed itself. I think :there was policy which said that the Administration of the Polce Department was now willing to give slightly disabled people an opportunity to come back to work and I think they should be allocated for that. Mr. Plummer: Well, I agree that that should be the case and some- thing that I have been subscribing for years, but the thing that bothered me was that we were putting a man back with no restrictions on what he could do which the ultimate was that he could be put on street duty, combat duty, with a 30% disability. Mr. Grassie, I would like a full report back on that. Mr. Grassie: Let me find out what the facts are because just the description would seem to have some problems Mr. Plummer: I hope I'm wrong, but I'm only going on what we were told at the Board and this Lt. Thompson, if that is his name, doesn't he represent the Department? UNIDENTIFIED SPEAKER: Yes, the Personnel Office. Mr. Plummer: Ok. Alright. Ok, so then we'll get a full report back on it. Mayor Ferre: Alright, Plummer we need to move along because we got two other things and then we got Jim Anderson who is going to speak. Mr. Plummer: Well, I've got some other items to bring up... Mayor Ferre: I realize that but Anderson was promised that he'd be out of here by 4, he's been here since 2, and so let's get these none controversial things. I'll take whatever is quick so we can move along. 88 JAN 241978 441 rtsioNin cAPP1140 AREA FOR Root KIM Him PARK AS °COLS Ji AVOLEYA SING AND PICNIC G oi* » Mr. Reboso: Mr, Arboleya, Mr. Mayor has beer having the Boy Scout Caiporee for many years, so t dove that we designate the area for camping of the Robert King High Park, Mayor Ferre: For the record let me point out that the Memorial Committee has agreed to it and we' Ve been so informed by the Chairman of the Latin Memorial Committee, Mr. Wayhe E. Withers. Moved and seconded. Further discussion. Call the roll. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 78-70 A MOTION DESIGNATING THE AREA roR CAMPING OF ROBERT KING HIGH PARK AS "CARLOS J. ARBOLEYA CAMPING AND PICNIC GROUNDS." Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner hose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None, 45. PERSONA_ APPEARANCE: JAMES ANDERSON - COMPLAINT ON VANDALISM TO HIS BUSINESS PROPERTY. Mayor Ferre: Alright, Mr. Anderson we recognize you at this time. Jim we're going to give you five minutes, Mr. Clerk, and if you need to go over that we'll extend it, but try to stay within that. Mr. Anderson: I just have a two page statement. I have a lot of back-up stuff here, so don't let it frighten you. Incidentally, as sometimes Concert Agent, I book my Concert Pianist wife in Carnegie Hall, Lincoln Center, and Gusman, and I think I'd like to make an act between you and Commissioner Plummer on that Miami and Milm' with a Maestro La Monaca. Remember the old song you say.tomatc, I say tomato. We could have you two, you say Miami and I say Miami. Mayor Ferre: Well, I know who the tomato is in this case. Mr. Anderson: Ok. I couldn't resist that one. Mayor Ferre: I couldn't either. Mr. Plummer: We also know who the rotten tomato is. Mayor Ferre: Now, now, J. L... Mr. Anderson: Thank you very much for the honor to speak up for all property owners of Mimi and Miami, and I think we ;all sitting here are property owners and what I have to say is important to all of us. I might say to Mr, Homan who has tried to block me coming up here twice or saying he's researching this case. These two officers out here I'm really not going to nitpick what they have done on one of my cases. I am speaking in a very big positive tone and I really would lust as soon they get back out on the beat and try and protect our nice city. I am a supporter of yours and this entire Co:w ssion. I'm an active member in good standing of Grace Rockafellar 's North East Improvement Association. Commissioner Plummer, you helped get up those historic Lemon City signs which I 89 JAN 241978 1 11111111111111 thank you. I'm the Lemon City Curator and I President of Florida Historical Association, Gibson, Art Green I believe you know him he to back me to speak up for a lot of property to say. work with Dr► Peters also Commissioner promised to be here owners what I have Mayor Ferre: Jim you don't have to tell us Who you are, get on with your case. Mr. Anderson: Well I do, because otherwise I could just be another Voice in the night. I'tn a responsible person Mr. Fevre, but I am not known in this city. I come from New York. I was in the Navy, honorable discharged. I went to St. Louis University. I spent 15 years in New York City turning seven bankrupt television stations into profit makers. I am a responsible individual, so what 1 have to say, you know, might sound like it's coming from an irresponsible person if I did not say that. What I'm saying is that without you fine people knowing it4I sense an erosion of the property owners rights in this city, very serious charge. This country was built on the property owner. If you read in the Miami Herald on Christ- mas day Wayne Markum mentioned, maybe you don't even know, 34% of this City's revenue comes from us property owners taxes, 34%. It also says in here that the property owners is splintered, they never get together, the inference is they're too busy making money. Mayor Ferre: Let me see that. I'll give it to you later. Mr. Anderson: So I can have your attention here, but it's very true. So we're splintered. I'd like to have Green here to back me up a little bit. I hope we can get an organization going alone, but nethertheless, we need some help, and I come from New York City. You drive through that or most cities, you'll see in New York City thousands of buildings deserted by their owner. Why because of New York City rent control, that's meddling, bureaucratic meddling, ok. Now I might be the first one down here to give one of my buildings back to you Mayor. It'll cause a hell of a lot bigger headlines, but I'll probably have to sue the City for $50,000 because I can't afford to desert my building. I'll give it back to the City. I simply need some help. I have three cases... Mayor Ferre: Mr. Anderson, I don't mean to be rude to you, but you spent three minutes now talking around. Mr. Anderson: I'm right into it, right now. Mayor Ferre: Get to the point. Mr. Anderson: I'm into it right now. I have three cases where the police have not protected my property at 130 N.W. 27th Street, three violating cases. They don't make reports, they don't wait for me to show up when a neighbor says come on down you have an air conditioner stolen. The neighbors are laughing. Art Green says the police are afraid to come on 130 N.W. 27th Street. I didn't say it, Art Green said it. I sort of believe it. I've gone to the prosecuting attorney, Dardis -- on a case where one of my apartments was destroyed. That's why these police officers are standing here. I got a eight page memo against that whole case which I sent to 100 people, includ- ing you4 Mayor Steve Clark, he is one of the few that really answered me on that, but Dardis ended up saying that if I didn't see this junkie tenant destroying my property for over a thousand dollars I have no case. Now that to me is a violation and erosion of the rights of a property owner. Am I supposed to peek in the window with a policeman at my side to see this man tearing my apartment apart to the tune of one thousand dollars? I don't think that's necessary The pendlum has swung too far to the tenant, the under privileged, the poor little smuck like me who is working his tail off 24 hours a day to try and make a living. We can't do it. We need help and you all are property owners. Would you like to come home some night Mr. Mayor and have your property destroyed, the police aren't even there, You call the police station, the police were there, they left before you came, they didn't even make a report. They did that to me two months ago. I thought 1 had a friend, Lt. Larry 90 JA►N 241978 He fuibled around the case for about one nO th. l still do not have a report tiff that ease. The offi+erS left the Beene of the crime, My neighbor had tailed iris I said I'd be down in ten minutes, wouldn't you, your property is being destroyed and you probably has theft. HUD has meddled into my situation, I know that's another thing. The Sanitation people, The Sanitation workers throw my garbage cans in the yard, but yet HUD cotes along and cites me for dirty garbage, Now, I've talked to Medera, I've talked to Moss twiee. You even thanked me for a letter of recommendation for Mr. MossoMayor Ferre, I today, called Christie of the Sanitation, he said he laid out these Sanitation workers and they apologized for laying him out. I said, what's wrong with a little old fashion discipline for a property oWher'� so today as a protest these garbage men, I won't call them sanitation men, these garbage men threw all five of my cans in the yard. See they've been throwing just one until I protested. Now, City Manager, Grassie ytu know, this is ridiculous, so I say HUD, Police, Sanitation, I could go on and on and I love this City, you know, New York is not my home anymore. I am here. I want to stay here, but I'm really on a very high tone more or so than these policemen case that get into the eight page memo. I have everything I'm talking about more than documented. Here's a book 1 just wrote on real estate, how to live rent free. 1 think I might burn it up and leave Florida. No, I really don't want to do that. I want to stay here. Ok. I just want to wake you up a little bit, because I'm excited. Mayor Terre: Yes, but I'll tell you, you're driving me crazy by screaming. Would you either step three feet back or lower your octets about 40%? Mr. Anderson: I have said about all I want. I'm simply saying maybe what is coming over my two years of writing and talking to a lot of people is coming, because my friend Jane Reno is talking about the police and prosecuting attorneys getting together for a change. They haven't gotten together in my three cases. I here that we might have a Dade County Police Department. To me it would be a great recommendation as I said to Steve Clark and that Comm- ission, I don't think our Miami Police is any good and I truly do not believe that, they have not... Thank you very much. They have not protected my case. I am simply saying the property owners are being... the rights of the property owner are being eroded in this City to a great degree where all property owner will pay 34% of the taxes. I simply say fellows please give us a break. I love Miami. I can cry sometimes it is so ridiculous what happens to me; a little smuck trying to make a living and I get no help. Mayor Ferre: Mr. Anderson, you've now talked for ten minutes and that's fine, but I don't understand what you're talking about.Nope you didn't get across to me. The only thing I heard is that you're angry because the Sanitation Department threw five cans rather than one. Number two, that the Police Department refused to make a report to their superior. Now, I don't know what else you're here for. Did you hear anything else? Mr. Anderson: That is not protecting my property. My property is not being protected. Mayor Ferre: You're coming here to tell us that you are upset because five cans were thrown on your .... Mr. Anderson: I've got three violations of my property -where the police did literally nothing to protect my property over the last two years. Mayor Ferre: Ok. Mr. Grassie, would you get somebody in your staff other than directly in the Police Department and then with the Police Department follow up to see, you know, the substance of all this and would you see .f you can take care of it administratively, and if you don't take care of it administratively, if you feel that it needs action by the Commission we'll take it up again in the future., and Mr. Anderson you're always welcome to come down here and give us .... 91 JAN 241978 Mt, Anderson: Sorry I didn't get through to you, I' M upset, My property is being destroyed, Mayor Terre: Ok. Well, I didn't quite uhderstai d beoause you kept going and going and I didn't really know what you were getting to, Yes, I'll just read it and give it right back to you, Ok, thank you Very much Mt, Anderson, Alright, We're got two More items and I ththk we're through today, 4f, WAIVE RENTAL- FEES FOR ALLAFATTAH COMMUNITY BOARD ON TItIR REQUEST FOR USE OP ALLAPATTAH COMSTOCK PARK AND SH +t 1L t -CEL:F 3RATION OP JOSE WI's BIRMATE. The following motion was introduced by Comt►issioner Reboso, who moved its adoption: MOTION NO, 78-71 A MOTION GRANTING THE REQUEST BY ALLAPATTAH COMMUNITY DEVELOPMENT BOARD FOR WAIVER OF RENTAL FEES FOR THE USE OF THE ALLAPATTAH COMSTOCK PARK AND THE CITY OF MIAMI SHOW- MOBILE TO CELEBRATE JOSE MARTI'S BIRTHRATE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 47. EMERGENCY ORDINANCE: AMEND RETIREMENT SYSTEM ORDINANCE SEC, 910 CHAPTER 2 - PERMIT FORMER CITY EMPLOYEE ON REJOINING CITY'S FORCE TO REDEPOSIT CONTRIBUTIONS. Mr. Plummer: Mr. Mayor, a matter came before our Board and it does directly affect an individual fireman, and I would like to read this. I have given it to the City Attorney who says it is in order and basically Mr. Mayor what this ordinance does say that a person has the right to pay back years that he was not officially notified for, and this will correct that inequity that does exist. It is an inequity, not only as it stands but between the two Boards and in particular the case in question time is of the greatest essence. Note: Mr. Plummer read ordinance into the record, later adopted. Mayor Ferre: Mr. Manager, you have any comments or anybody else? Mr. Grassie: No sir, nothing to add to that. Mayor Ferre: Do you subscribe to what's being done here on this? Mr. Grassie: We have no objections to it. Mayor Ferre: I see. Further discussion. Call the roll. 92 ���N241978 AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, JANUARY 1, 1940, AS AMENDED), AS APPEARING IN CODIFICATION FORM AS PART OF CHAPTER 2 or THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY EMENDING SECTION 91, AS AMENDED, OF SAID CHAPTER 2; PROVIDING THAT A FORMER CITY OF MIAMI EMPLOYEE; WHO HAS REJOINED THE CITY'S WORK FORCE MAY REDEPOSIT HIS CONTRIBUT- IONS BY FILING WITH THE RETIREMENT SYSTEM BOARD WITHIN 30 DAYS OF THE EMPLOYEE'S RECEIPT 01' SAME, A FORM WHICH CONTAINS AN ELECTION TO PAY BACK OR REDEPOSIT SAID CONTRIBUTIONS; REPEALING ALL ORDINANCES OR PARTS OF OR.DINAJCES IN CONFLICT HEREIN; AND CONTAINING A SEVERABTLITY PROVISION AND AN EFFECTIVE DATE. Was introduced by Ccmunis b i Jrcer Plummer and seconded by Commissioner Gordon for adoption as u.n emergency measure and dispensing with the requirement reading same on two separate days, which was agreed to by the f,,.. (owing vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Re\,) Theodore R. Gibson Vice -Mayor haroiu Rebos o Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordc,n Commissioner J I. P2.7nuner, Jr. Commissioner (Rev . ) Theodore R. Gibson Vice -Mayor Manol o 1;z t%.750 Mayor Maurice A. favre NOES: None. SAID ORDINANCE WAS DESIolvATEI) EiiER�LnulORDINANCE NO. 8753. 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. MISCELLANEOUS : A) MEETING WITH OFFIt.. iALS OF ORANGE B CLASSIC; . B) STATUS OF f�EMPLOYE OF YEAR( L) &) APPOINTMENT TO PENSION ., AND D) DISCUSSION OF PROBLEM IN SANITATION DEPT. AND RECORD CHECKS OF FUTURE DEPARTMENT HEADS. Mr. Plummer: At the ineeting,we instructed the Administration to sit down and talk ,;ith the people of the Orange Blossom Classic and T received a ca A today from those who inform me that they have not heard a word frun the Administration. Well, his call to me said you didn't. Well, are you talking with Mr. Stirrup ? Would you have Mr. Stirrup call me back and tell me that you are- working with him, please do? Rev. Gibson: When did that start? Let's ask the staff that because I heard the same time. Mr. Plummer: When did you first contact Mr. Stirrup? Rev. Gibson: Evidently, he isn't talking to the same Stirrup. Mr. Plummer: Well, you have Mr. Stirrup call me back and clarify the situation. Well, let's just put it this way. Mr. Homan on February 9th if this matter ain't resolved you got two tigers by the tail, The next item, Mr. Grassie, approximately a year ago, this City Commission passed a resolution in policy stating and instigating a thing known as the Employee of the Year in whioh this City Commission 93 JAN 241978 would recognize the outstanding employee of this City. I have not seen anything further on that situation. I thought then it was a good idea. I still feel that it's a good idea and I want to know why it hasn't been implemented? Mr. Grassie: It must be more than a year ago Commissioner. It does sound like a good idea. I'm not aware that anything has been happening on it and I'm glad that you're bringing it to our attention, Mr. Plummer: The following item is very controversial. I remember the members of this Commission, that in September when I resigned from the Pension Board in January and was reinstated involuntarily that I would serve until October. Now I've served six years on that Pension Board and I would like for somebody else on this Commission to be exposed to the wonderful, wonderful, ideas in the areas of pension. Father Gibson I'm looking at you. Mr. Mayor I'm looking at you and Mr. Reboso who I feel are in dire need of education in the pension area and I would ask you. I'm not resigning, but I would ask one of the three of you to please let me know which that I can have the honor of nominating for the new chairman. Rev. Gibson: I have no objection to your being the most knowledgeable man. Mr. Plummer: And, I have no objection to being the most knowledgeable I just want somebody else to serve. Rev. Gibson: Alright, we'll pray about it. Mr. Mayor, I want to raise a question. I have been... P•'r. Grassie, I have been extremely concerned, disturbed about the report I read in the paper. I want to make sure that the other Commissioners hear me because I'm not going to let this die nor lest. I have been extremely concerned and disturbed about the report I read in the paper with regard to the Sanitation Department since the lazt meeting. I heard something entirely different and fr ightene i the: hell out of me. As a native Miamian I'm troubled and worried. Number one, I saw a memo where $8,500 worth of equipment :.as taken from the Incinerator. Not a dime was paid on it. We sent a man to jail from that same outfit. There was the Head of the Department who went scott free owing us $8,500 and we the Commission don't know. I don't think we know this. .... What is very interesting is that nobody has told this Commission that before the demolition company had agreed to demolish that building,would demolish the building,that we,the City,had to pay the $8,500 which was the outside approximate estimated figure that the junk or other business, whatever that is, was worth that was moved. We didn't get a dime back, and I say this because my Manager is a pretty proficient, efficient, businesslike man, that bothers me, and then I read another article that the same man was able to borrow from the Credit Union which is none of my business, $30,000. Man, we're the biggest suckers in this town I've ever seen. Isn't that right? Isn't that right Mr. Manager? He was able to go to the Credit Union and borrow $30,000 and I think he sent word that the car could be found at a certain place, isn't that right? If it's a lie, where are you newspaper people? Mr. Grassie: I understand Commissioner that he did have a substantial borrowing from the Credit Union. I also understand that it was all secured and I can tell you that the last report that I had was that we have withheld monies from his, you know, whatever last salaries he had coming so that all of his debts with the Credit Union will be paid. Now on the other thing we are at least as concerned as you are about some of the reports with regard to the $8,500. I have to tell you that that is still under active investigation and there is no demonstration that that assumption is true. I mean, I have no proof of that yet and as far as I know neither does anybody else. Rev, Gibson: Ck,let me put it this way. Mr, Grassie: We are looking at it very carefully, Rev, Gibson: So that every member of the Commission will know that 94 JAN 241918 AITheodore Gibson ialking off the top of s head' t saw a memo written by people in your 'department Certifying that the approximate Value of the things taken out were $8,500, nobody refuted that and I have not seen hor read not heard where one penny of that $8,500 was paid back, that bothers 3ne. I believe in equal justice under the law. You sett a tan to jail. I don't know what he went to jail for, but he was inVo1Ved in some of the Sanitation acts out there. He has emphysema. I want to tell this whole Commission this that's why I'm the Priest, ok. He has emphysema worked for the City 30 years. Man, if you had any Concern, now I'm not... where is the counselor, I'm not fooling with your business, but if you had any concern you would have done one or two or three things, he let him resign gracefully and get out of the way, either try the case after certain points, you know I know you all know the remedies, it all depends on whose ox is be.in gored, and when and how or You would have let hits retire and say tohlm go in peace and sin no more,and not take his pension -fights from him, or you would have given him his money back and say may the Lord Bless You, I ascend you without blemishing your record. 30 years of service to a City is worth a lot of consider- ation, especially when you can have a man come here who wasn't here two years and do some of the things that the head man did, and you know I said to this Commission, I'm always worried... Mr. Crumpton I want you to hear this too and all the rest of you. I'm always worried about what the head man sends down, and you know, now while I'm talking about it,I could get this out of my system. It is significant we can't find a competent Black to head the Sanitation Department when 80% of, 75% of all the people in that department are Black and we could let a man come here as Head of the Department who must come and work under alias and I want you to know every night I go to bed I pray like hell to forget what I see and what I want I think. I thought I better do that today. I want an answer as a Commissioner I work for the people and the people are asking me. I want an answer. Now Mr. Grassie you could stipulate when I'm going to get that answer and remember I want a open,frank public discussion. Mayor Ferre: Mr. Grassie, you want to set a time parameter? Mr. Grassie: My impression Commissioner from the various points that you've touched,the thing that you raised that we haven't addressed. We haven't spoken to yet is the one that is still under investigation and that is whether or not they is any inter -relationship between the removal of some grates from the Incinerator site and the fact that we had to re -bid the demolition project and that in fact it cost us approximately $8,500 more, and that was very carefully investigated at the time that we did that re -bidding, including a police Department investigation of the facts, so it's not something that we don't have a record on. I think that as a first step)we should give you that record so that you understand the background better, and we can do that virtually immediately. Now the second thing is... Mrs. Gordon: Mr. Grassie, which records are you referring to giving us a copy of? Mr. Grassie: The record of the investigation that was done at the time we had a loss of equipment at the Incinerator ... Mrs. Gordon: The Internal Security Report? Mr. Grassie: Yes. Mrs. Gordon. Ok, because in the minutes of May 19th, there is a reference by Mr. Grimm to the vandalism and a statement by him which states that he has a report on it, but we never had that report from you or from him or any one to this date, that was May 19, 1977. Mr, Grassie: What I'm suggesting to you is that as a first step that kind ^f background I think will help you. The other thing that we have to remember is what I've already mentioned to you and that is that there is a continuing investigation going on. There is no demonstration at this point that there is any inter -relationship 95 JAN 241978 between the two think, that I have mentioned, bl.: the taking of the grates, which have a nominal value and the other the loss of all of the salvage r►aterial which Caused us to rea,bid that contract. Mrs, Gordon: Well ' sure t , It you re gding to have a lull report and I think at that tide We'll go into full details, but the S1i chutes Will reflect the two items differing in price, the two bids, the date of being very Close to each other and other inforfat� ion which as Commissioner Gibson so ably said,we owe it to the people to tell them. Mr. Grassiet Yes, and I think it's no question about it. Mayor Ferre: And, I think that's something once your report is done,you can send us a memorandum and schedule it for commission SO that We can have a full public hearing on it, alright. R-ev. Gibson: Mr. Mayor, I don't know where I'm going to get the bids, but I want to offer a motion that not a single Head of the Department be employed in the City of Miami until a background check is made of that person or whether you stipulate the FBI or whether you stipulate your Police Department, I don't care I want an agency, everybody that's brought into this City to hold jobs here now while heading a department, the intent of my motion is that his background be checked and I can't go wrong. Mayor Ferre: Father, I agree with you and I'm going to vote with you, but I think it's important that we specific enough so that its meaningful. The problem is that that procedure is followed at the present time. There is a check, you know, we do check back- ground reports and all that so we need to go beyond that. We need to specify. I don't know what the procedure is Mr. Grassie, but perhaps here's the way we can do it. Why doesn't the Police Depart- ment, why don't you come back with a written proposal as to what measures you are going to recommend the Commission is going to pass so that something like that never happens again, whether it's FBI or whether it's the Police Department, itself or how do we go about the procedure specifying so that we can hopefully avoid these type of things, now mind you before you jump up and say anything I want to say on the record that his predecessor for the last two jobs were similarly fooled. You're not the only one that was taken. A guy from Rochester was taken and the guy from Illinois, Rockwell or Rockford or whatever it is Illinois was taken, and the Justice Depart- ment lied about the man's record to protect him and therefore hoodwinked you , the Manager of Rochester, N.Y., and the Manager of • .. Mr. Grassie: Woodstock, Illinois. Mayor Ferre: Woodstock, Illinois, nevertheless, we need to have a procedure that we know that full criminal investigations are made and what have you. Would you put that down in writing and bring it so that we can on a formal resolution pass it at the next Commission meeting? Rev. Gibson: Yes sir. Right. Mayor Ferre: Do you need a motion to that effect? Mr. Grassie: No. I understand what you're suggesting. Mayor Ferre: And, Father Gibson wants to make it in' the form of a motion. Rev. Gibson: And, I want to make it in the form of a motion and that the report be at the next meeting, Mayor Ferre: Alright, and seconded by Mrs. Gordon. Further discussion. Call the roll, 96 JAN 241978 The foilo%t 4g ?%otion was irntroduded by Coi is§iottet Gi'bsoh, who moved its adoptio i s MOTION NO. 70-72 A MOTION DECLARING THE POLICY Or THE CITY COMMISSION THAT NO PtktOt BE HIRED IN THE POSITION of A DEPARTMENT HEAD UNTIL A THOROUGH BACKGROUND CHECK HAS BEEN MADE or THE CANDIDATE BY THE ADMINISTRATION AND FURTHER DIRECTING THE ADMINISTRATION TO REPORT BACK TO THE CITY COMMISSION ON THE PLAN FOR THIS PROCEDURE AT THE NEXT CITY COMMISSION MEETING. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: *AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Hanolo Reboso Mayor Maurice A. Ferre NOES: None. 49, BRILF DISOJSSI0 ITEM: Bus SHELTERS FOR PEOPLE, Mayor Ferre: Is Mr. Harold Peter Barkas here, Mr. Barkas? Mr. Grassie: I believe he's asked to withdraw that item Mr. Mayor. Mayor Ferre: Oh has he? Mr. Grassie: Yes. Mayor Ferre: Alright, so in other words we don't need to worry about the December 21st P. waiver for the Society's use of the Marine Stadium. He doesn't care about that anymore, is that what you're telling me? • Mr. Grassie• so we're withdrawing it because of information from your office Mr. Mayor. Mayor Ferre: You're sure now? Mr. Grassie: Well, from your office, our information comes from your staff, yes. Mayor Ferre: Now, we have item # 16, which is Mr. Richard M. Sepler is he here? (repeated) Mr. Grassie by certified mail you received a letter from Mr. Sepler asking that he be put on the agenda and the reason was he wanted to talk about the whole question of shelters, bus shelters, people shelters. Now, you will be receiving a memo from me in the next week or so, but I have received a rather strong letter from Steve Fisher. I've gotten another one on two different groups that want to bring this whole bus shelter thing to a head and they're getting a little bit upset that we've been stalling and literally for over a year now. Mr. Grassie: You know that we have been waiting for some kind of an answer from Metropolitan Dade Transit on whether or not they were going to install shelters as part of the bus program. Mayor Terre: Mr, Grassie, I'm not about .., excuse me, I'm not about to advocate the responsibility of the City of Miami in that particular area... Mr. Grassie: Mr. Mayor no one has suggested that you do. What I'm recounting for you is the history of the City and why this thing has 97 JAN 241978 r been pending for a year. Now, the other thing that t.te can report to you is that through recent court action, I understand as recently as Thursday we have been asked to put this item out for bid within 90 days so you know that's the direction that we're going at this point. Mayor Ferre: It will be bid within 90 days, well you so inform this Mr. Sepler or ... whatever his naive is? Mr. Grassie: Yes we can inforM him of that. W. DISCUSSION OF WATSON 1 SLANb - PRESENTATION TO THE Ct OP COMMERCEi Mr. Plummer: Mr. Manager, where are we? I know it was presented today to the chamber. Was it presented prior to the chamber to the Citizen's Committee of this Commission? Mr. Grassie: I understand that there was a special meeting with the chairman of the Citizen's Committee and that he came to an agreement on a process that they would follow. I think that the basic process was that they would be at the same meeting as the chamber today, but whatever they agreed to, whatever he agreed to and I'm talking about Mr. Simon, whatever he agreed to was the process that we followed. Mr. Plummer: When will it be before this Commission? Mr. Grassie: The schedule calls for a number of community meetings so that that input can be absorbed by the people who are doing the design and when they report to you they want to be in a position to inform you on what all of that reaction has been. I will anticipate the schedule for presentation to you would probably be two weeks. lrs.Gweii, I'm going to tell you something. I was late getting here because I had to go to my office, and on the way back I heard a nice radio report saying what this thing is going to happen and I'm saying to myself, my God,if my neighbor or somebody comes and asks me any- thing about it I gotta say hell I don't know nothing. You could read it in the paper. Now I don't think that's right. I really mean it, and I understand all of the ramifications, public relations and other- wise that there seems to be a necessity to keep the Commission for last, but by God now that the Commission has gotten it, at least we could've had it afterwards today. Mr. Grassie: You have it in your office right now Commissioner. You have a packet, probably 40 pages sitting,waiting for you in your office, it has photographs, so you have everything that was available at the meeting. Mrs. Gordon: I have been wondering where the lake is going to be. Mr. Grassie: Where the what? Mrs. Gordon: Lake. I heard that on the radio, there's going to be a lake and I can't for the life of me picture where they're going to put a lake. Mayor Ferre: ... guys and I don't mean this as a criticism of Mr. Connolly and the other fellows we saw this morning, but unlike what they've done Ronnie Fine has really gone out of his way. Mrs. Gordon : I'm not criticizing Ronnie Fine. Mayor Ferre: I know you're not, but I'm just saying that Ronnie Fine has gone out of his way to touch base with everybody and I think everybody but us. Mrs. Gordon: Yes, that's what's so silly, 98 JAN 241178 • 41 Mayor rerte: Whit the t'oiht is that .1 think what he's worrying about, you know, if this were another comuhity 4 don't mean the afternoon t ewepaper were mOrt toftstruttive .. Mr, Plummer! You Mean the t erre/Metro Herald, Mayor Terre: Yes, if they were a little bit more constructive, bit you know, we have such a destructive morning newspaper here who's always, you know they get very viscous about things and I think what they're trying to do is frankly trying to build up a community support to that a certain unnamed morning newspaper won't get quite as viscous as they normally do. SLL CITY COMMISSION POLICY: - TRAVEL tr uRSE ` TO MEMBERS OF THE CITY COMMISSION TO BE ON A PER DIEM BASIS Mr. Plummer: .... Mr. Mayor, this is something I brought to your attention sir. You promised that you would bring it up and since you haven't I will, ok. Mr. Mayor, I would like to bring up at this time and ask that the City Manager office and staff look into the matter in which other cities surround this state or where ever to draw from experience handle the travel of the Commissioners and Mayor in reimbursement . Nobody has informed me. Mayor Ferre: Do you remember my calling you Mr. Mayor about how the per diem per Commissioners traveling and what have you? Mr. Grassie: You spoke to me, I don't recall that I said that there no problem. I do think that if you decide to go to a different way of handling it we're going to have to record that in a policy and simply bring it to you as a policy statement. Mayor Ferre: I'll make it very simple for you. I'll make a motion right now. You want me to make the motion? I told you about this and you said no I don't think it's necessary to make the motion because I think that could be taken care of, I don't see any problem and I said well, I think there is a problem and you said I don't think... that could all be worked out. Now you tell me different. I move you sir that the City of Miami officially go on record and take the positon on a per diem basis for members of the Commission travel at $100.00 per day, which is exactly the amount of leeway that is given what, Miami Beach? Mr. Plummer: Well, now 100 per diem plus plane tickets. Mayor Ferre: Oh obviously, ok and that's what the City of Miami Beach does and that takes care of it and that's the end of it. I so move you. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 78-73 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT REIMBURSEMENT FOR TRAVEL EXPENSES BY MEMBERS OF THE CITY COMMISSION BE ON A PER DIEM BASIS AT THE RATE OF $100.00 PER DAY IN ADDITION TO REIMBURSEMENT FOR TRANSPORTATION EXPENSES. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None. 9 JM4 241978 Pqrthst DidguAdioht Mr e PlumMdr! Rd/tAt Father t jut Tinted to conclude by tellihg you that We have had ih this comunity and t Welt the fOteighetd to heat what Ilm dayihg, since you ad t are the Wily native both that there is aft unwritten rule ih this totmuhity that say that welshers on wagers wind up it Biscayne 8ay with concrete shot and 8o fte of watete There is a cettain individual ehcotpasted ih this tOtAi who had the audacity to bet oh DthVet and had not yet coffipleted his trahsactiohe ADLIQURNMENT,t There being no further business to come before the City Corntnission the meeting was adjourned at 4:30 P.M, ATTEST: Ralph G,_ongie City Clerk Matty Hirai Assistant City Clerk 100 MAURtCt Al VERRt Mayor rjAN 2 4 1978 CIWY oF marAlini DOCUMENT INDE ITEM NO 1 COMMISSION AGENDA AND CITY CLERK REPORT DOCUMENT IDENTIFICATION 2 ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOD AND LANDSCAPING, INC. AT A TOTAL COST OF $33,135.50 3 ACCEPTING THE COMPLETED WORK PERFORMED BY EVERGLADES SOD & LANDSCAPING, INC. AT A TOTAL COST OF $26,710.56 R-78-44 4 ACCEPTING THE PLAT ENTITLED JACK YANKS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI R-78-45 MEETING ©ATE: January 24, 1978 COP44ISSION ACTION RETR I rE`VXAL CODE NO i---- 0052 R-78-43 78-43 78-44 78-45 5 URGING THE METROPOLITAN DADE COUNTY COMMISSION TO EX- PEDITE THE CONSTRUCTION OF THOSE STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THE "DECADE OF PROGRESS" BOND ROAD PROGRAM R-78-46 78-46 6 AUTHORIZING THE DISPOSAL OF CERTAIN NO-LONGER-SERVICA- BLE EQUIPMENT, TO WIT 16 GYMNASIUM MATS OF THE MIAMI POLICE DEPARTMENT TRAINING UNIT. R-78-47 78-47 7 ACCEPTING THE BID OF CALLAHAN MOTOR CO., INC. R-78-48 78-48 8 CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND EXECUTING THE CON- TRACT FOR THE ADMINISTRATION BUILDING -SITE PREPARATION WITH P.J. CONSTRUCTORS, TN#::. R-78-49 78-49 9 ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $715,022.02 FOR THE MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS -PHASE IV. R-78-50 78-50 10 CONFIRMING ORDERING RESOLUTION NO. 77-905 R-76-53 78-53 11 ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS PAVING COMPANY, INC. AT A TOTAL COST OF $311,078.16 12 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH METROPOLITAN DADE COUNTY RELATING TO THE MAINTENANCE OF THE BEAUTIFICATION OF SOUTHWEST EIGHTH STREET R-78-55 78-55 13 ACKNOWLEDGING THE SATISFACTORY PERFORMANCE AND CON- CLUSION OF AN AGREEMENT EMPLOYING THE LAW FIRM OF SAYFARTH, SHAW, RAIRWEATHER AND GERALDSON AS LABOR LAW COUNSEL FOR THE CITY OF MIAMI R-78-56 78-56 14 APPOINTING CERTAIN INDIVIDIUALS TO THE CITY AFFIRMA- TIVE ACTON ADVISORY BOARD AND CONFIRMING THE DESIG- NATION OF CERTAIN OTHER INDIVIDUALS BY CERTIFIED BARGAINING REPRESENTATIVES OF CITY EMPLOYEES, R-78-57 78-57 1.5 APPOINTING MRS, YOLANDA MERCEDES BALSEIRO BUCHMANN ANDMRS, MIGON MEDRAN0 AS MEMBERS OF THE CITY OF MIAMI MEMORIAL COMMITTEE R-78-58 78-58 DOCUMEN1'(N DEX • CONTINUED tEM NO. DOCUMENT IDENTIFICATION 16 17 18 19 20 21 22 23 24 25 26 1 cAmMiON ' I NAL. ti ACTION_ CO 1E_NC1.,�,,,�,�, AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A FIVE (5) FOOT STRIP OF LAND COMPRISED OF 581 SQ, FT, LOCATED ON THE SOUTHEAST CORNER OF DOUGLAS ROAD AND MAIN HIGHWAY AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CARLOS T. FERRO AND AIDA FERRO WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,350.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ROBERT BOLTON WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $5,425.00 IN FULL AND COMPLETE SETTLEMENT AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JUAN BAUZA WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JUDY MAXINE DUHART AND WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,750.00 IN FULL AND COM- PLETE SETTLEMENT OF ALL BODILY INJURY ALLOCATING THE SUM OF $18,000 FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY ACCEPTING THE BID OF WEBB GENERAL GAME CONTRACTING, INC. IN THE AMOUNT OF $89,700.00 FOR THE DIXIE COMMUNITY PARK RECOGNIZING THE PROPOSED DADE-MIAMI CRIMINAL JUS- TICE COUNCIL AS AN EFFECTIVE INTER -AGENCY PLANNING AND COORDINATING BODY FOR ESTABLISHING CRIME CONTROL MEASURES AND ACTIVITIES FOR THE CITY OF MIAMI AND ALL OF DADE COUNTY CONDITIONALLY AUTHORIZING THE CLOSING OF S.W. 8TH STREET AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FOR THE VARIOUS PHASES OF CONSTRUCTION AND EXPENDITURES RELATED TO THE TRADE FAIR OF THE AMERICAS. AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH MIAMI ASSOCIATES, LTD. FOR THE DEVELOPMENT, OPERATION AND CONSTRUCTION OF THE CITY OF MAIMI CONVENTION CENTER, R-78-59 R-78-60 R-78-61 R-78-62 R-78-63 R-78-64 R-78-65 R-78-66 R-78-68 R-78-69 R-78-74 78=59 78-60 78-61 78-62 78-63 78-64 78-65 78-66 78-68 78-69 78-74