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HomeMy WebLinkAboutCC 1978-02-23 MinutesITY OF MIAMI COMMISSION 'MINUTES OF MEETING HELD ON February 23, 1978 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH GI OWE CITY CLERK FEB 2 1979 7. 8. 9. 12. 13. 14, 15. 16, 17. 18, 19. CITY CO itS aP OF MIS► imsGs R SUBJECT STATION AREA DESIGN AND DEVEI,OPMEN1 OF RAPID TRANSIT PROGRAM. DISCUSSION OF ALTERNATIVES FOR INCIE.ASED PENSION BENEFIT TO RETIRED EMPLOYEES. UPDATE ON PROGRAM OF TWO-TIER GOVEF NMENT STUDY. AUTHORIZE CITY MANAGER 10 E.NFLR 1N1() AGREEMENT WITH: "MARK ISRAEL" (OUR MAN IN WASHINGT('N)) . AUTHORIZE CITY MANAGER TO ENTER I,N •0 AGREEMENT WITH: DADE/MIA.MI CRIMINAL JUSTICE PLANNING UNIT. (SPACE AT MUNICIPAL JUSTICE BLDG). AUTHORIZE ADDENDUM TO LEASE AGREEMI NT - MIA?'I BRIDGE PROGRAM CATHOLIC SERVICE BUI.EAU - 1 ROVIDE RENTAL iF SPACE IN MUNICIPAL JUSTICE . TERMINATING AGREEMENT WITH ' 3RJND UI ION SUPER2ARKI TS, INC. RE PROPERTY LOCA1 ED Al N.W. 5 STREET BETWEEN 11 ANI) 12 AVENUES. AUTHORIZE CITY MANAGER TO E':ECPTE ;.GRFEMENT: STATE OF OF FLA., DEPARTMENT OF STATE. DIVI:-,ION OF ARCHIVES HISTORY AND RECORDS MANAGEMENT - ARQUEOLOGICAL SALVAGE EXCAVATION (CONVENTION CENTER SITE) . . ACCEPT COMPLETED WORK: HEAVY EQUIPMENT SERVICE FACILITY AUTO POUND RELOCATION. ACCEPT COMPLETED WORK: N.E. 8OTH TERR. - COMMUNITY DEVELOPMENT PAVING PROTECT - PHASE II. BID "B" - DRAINAGE. REMOVE CONTRACT FROM C. A. DAVIS, INC. FOR FLAGLER STREET HIGHWAY IMPROVEMENT H-4372 S H-4391. AUTHORIZE MGR. TO ADVERTISE FOR NEW BIDS. ACCEPT PLAT: "JEFFERSON'S ADD , i(,::." ACCEPT SIX DEEDS OF DEDICATION - N.W. 28T1{ STREET HIGHWAY IMPROVEMENT. ALLOCATE $5,000 FROM THE CONTINGENCY FUND FOR PUBLIC INFORMATION RE $15,000,000 STORM SEWER BOND ISSUE. ESTABLISH MIAMI ADVISORY COMMITTEE FOR THE HANDICAPPED. WAIVE RENTAL FEE FOR VSE. OF THE OR:1NGE. BOWL - ARCHDIOCESE O1' MIAM1 ON OCTOBER 7, 1978. APPROVE REQUEST FOR FUNDING - $2,000 FROM QUALITY OF LIFE FUND FOR "SALUTE 1'O CULTURE." SECOND READING ORDINANCE: AMEND SECTION 30-10 OF CITY CODE - ADD "OCCUPATIONAL LICENSE TRANSFER FEE OF $3,00. SECOND READING ORDINANCE: AMEND SECTION 16-2 AND 16-3 OF THE CITY CODE - (ROTATION OF CHECKING ACCOUNTS, PROPRATION OF TIME DEPOSITS FOR CITY'S BANKING SERVICE NEEDS, DISCUSSION M- 78-114 M- 78-115 R- 78-116 R- 78-117 R- 78-118 R- 78-119 R- 78-120 R- 78-121 R- 78-122 R- 78-123 R- 78-124 R- 78-125 R- 78-126 R- 78-127 R- 78-128 x- 78-129 ORD, 8756 1 = 7 7 14 14 - 20 21 21 22 23-25 2 26 27 - 30 30 30 31 31 - 32 33 34 714 35 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 5, INDEX .MINUTE$ C[TYC�I� GG COMMISSION OF`� MIA}�LAR `1�FtDRIM SUBJECT SECOND READING ORDINANCE: REPEAL c}RDINANCI: 8E 45 AND PROVIDE NEW CHAPTER 66 OF THE CITY CODS:, LICENSE AND REGULATION OF ADULT MOTION PICTURE THEATRES, BOOKSTORES AND ESCORT SERVICES. SECOND READING ORDINANCE: REPEAL `;ECI'lON 16-5.5 OF THE CITY CODE AND SUBSTITUTE NEW SECTION "ART IN PUBLIC PLACES COMMITTEE." BRIEF DISCUSSION AND DEFERRAL OF CONSIDEFATION OF CREATING THE DEPARTMENT OF LEISURE SERVICES, EMERGENCY ORDINANCE: AMEND ORDINANCE 8691 - PROVIDE. FOR OPERATION AND MAINTENANCE OF GUSMAN HAL1./OLYMPIA BLDG. - PROVIDE CONTRIBUTION TO COVER DEFICIT. EMERGENCY ORDINANCE: AMEND SECTION I Or ORDINANCE 8691 - APPROPRIATE $8,577 TO GUSMAN HALL/OLYMPIA BLDG. FOR AD VALOREM TAX PAY>!ENI TO I)ADE CTY. AMEND SECTIONS 2 AND 5 OF ORDINANCE 8731 (ANNUAL APPROPRIATIONS ORDINANCE)- 1NCREASE APPROPRIATIONS TO DEPARTMENTS OF BUILDING & VEHICLE MAINTENANC': AND COMPUTERS AND COMMUNICATIONS. !SCE t SOLUTION 3RD. 8758 3RD. 8759 DEFERRAL ORD. 1760 ORD. 8761 ORD. 8762 EMERGENCY ORDINANCE: AMEND SECTIONS 2 AND 5 OF ORDINANCE 8731 (ANNUAL APPROPRIATIONS ORD.) - INCREASE APPROPRIATIONS TO BUILDING AND VEHICLE MAINTENANCE DEPARTMENT. ACCEPT $3,000 AND $1,0(0 EACH FROM JOE AVAOLOS. JEROME D. BRYANT AND MICHAEL J. SAMUELS FOR COCONUT GROVE'S PAINTED ARCHITECTURE PILOT PROJECF. COMMENDING CITY EMPLOYEES WHO PAREICIPATED IN THE RECENT COCONUT GROVE ARTS FESTIVAL. FIRST READING ORDINANCE: AMEND SECTIONS 1 AND 5 OF ORDINANCE 8731 (ANNUAL APPROPRIATIONS ORD.) - INCREASE SPECIAL PROGRAMS AND ACCOUNTS FOR CucoNuT GROVE PAINTED ARCHITECTURE - PILOT PROJECT. EMERGENCY ORDINANCE: AMEND SECTION 1, ORD. 8719 - ESTABLISH TWO TRUST AGENCY FUNDS - "OUT OF SCHOOL YOUTH PROJECT" AND "TRESHOLD UNIT FOR PUBLIC SERVICE AIDES," FIRST READING ORDINANCE: AMEND SECTION 1632 OF THE CITY CODE - PROVIDE FOR AUTHORIZATION FOR SALE OF SURPLUS CITY PROPERTY. DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTING OF BID: WESTERN DRAINAGE PROJECT E-42 (SE) LATER, 7}1IS SAME MEETING). ACCEPTANCE OF BID: WAINWRIGHT PA:K IMPROVIMENTS - PHASE TI. ACCEPT BID: TRADE FAIR OF THE AMERICAS - CONSTRUCTION, (DISCUSSED AND TEMPORARILY DEFERRED). (SEE LABEL /i50). PRISONER PROCESSING AREA MODIFICATIONS - mYPD, ORD, 8763 - 78-130 M- 78-131 First Reading ORD, 8764 First Reading DISCUSSION R- 78-132 DISCUSSION R- 78=133 b, PAGE NO. 35 36 37 3' - 39 40 41 42 43 44 45 45 46 46 - 47 48 49 - 53 54 1TtiNo, SUBJECT 36. ACCEPT BID: ELECTRONIC EQUIPMENT FOR ACCURATE INFORMATION MESSAGE PROJECT - MMPD. 37. ACCEPT BID: EIGHTY (80) AUTOMOBILES - CITY-WIDE. 38. ACCEPT BID: FOLDING PARTITION FOR AUDITORIUM OF ANNETTE EISENBERG TEEN CENTER. 39. DESIGNATE TERN NESTING AREA AT VIRGINIA KEY. 40. RECEIVE SEALED BIDS - ALLAPATTAH SANITARY SEWER IMPROVE- MENT - SR-5433-C. 41. PLAQUES, CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS. 42. EMERGENCY ORDINANCE: AMEND ORDINANCE 8731. (ANNUAL APPROPRIATIONS ORDINANCE) INCREASE REVENUES FOR $875,000 FROM DADE COUNTY SCHOOL BOARD. 43. ALLOCATE $30,000 FOR COCONUT GROVE FAMILY CLINIC AND $17,000 FOR NICKY CRUZ OUTREACH FROM FEDERAL REVEJE SHARING FUNDS. 44. DISCUSSION OF ADDITIONAL FUNDING FOR ACCION COMMUNITY CENTER. 45. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 4, ARTICLE III, CHAPTER 43 OF THE CITY CODE - PROVIDE FOR AUTHORIZATION TO SELL CERTAIN UNCLAIMED PROPERTY INCLUDING VEHICLES. 46. ACCEPT BID: WESTERN DRAINAGE PROJECT / E-4 47. . DISCUSSION AND DEFERRAL. OF c RA\,1NG CERTIFICATE OF PUBLI CONVENIENCE AND NECESSITY TO MALL TRANSPORT, INC. (PUBLIC HEARING). 48. 49. 50. 51. 52. PERSONAL APPEARANCE: REV. JOHN THOMAS RECARDING SUBSTANCE ABUSE PROGRAM. PERSONAL APPEARANCE: BELLA SMITH REGARDING USE OF LITTLE HAVANA COMMUNITY CENTER. ACCEPTING BID FOR CONSTRUCTION OF TRADE FAIR OF THE AMERICAS. (DISCUSSED AND TEMPORARILY DEFERRED, SEE LABEL 1155). FOURTH YEAR COMMUNITY DEVELOPMENT PROGRAM. - AUTHORIZE CITY MANAGER TO FILE APPLICATION FOR FUNDS. PERSONAL APPEARANCE: MANUEL VAZQUEZ - FUNDING REQUEST FOR "ACTION." 53. INSTRUCT CITY MANAGER TO TRY TO FIND FONDS FOR DOUGLAS GARDENS SENIOR ADULT DAY CARE CENTER. '4. DISCUSSION ITEM; DERELICTS AND PANHANDLERS IN THE DOWNTOWN AREA. 55, ACCEPT BID; CONSTRUCTION OF THE TRADE FAIR OF THE AMERICAS. btrurcE o�o, SOLUTION 78-134 - 78-137 - 78-138 RESENTATIONS Emergency Ord. 8765 78-139 ISCUSSION 1st & 2nd readin Ord. 8766 R- 78-140 DISCUSSION Personal Appearance Personal Appearance 55 56 57 58 59 60 61-62 63 64 - 65 65 - 66 66-67 67-75 76 - 77 77 - 78 79 - 89 90 - 100 100 - 103 104-105 105 106 107 = 108 lc( ctatt)tNQnF MIA(Mii, FIDA DEFER SETTLEMENT OF A LAW SUIT - DISCHARGED CITY EMPLOYEE, AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT OF INDEMNITY BOND -LEASE OF EXPO CENTER MIAMI INTERNATIONAL MERCHANDISE MART, INC. (TRADE FAIR) PERSONAL APPEARANCE: PERSONS REGISTERING COMPLAINT ON THE QUALITY OF DAY CARE PROGRAMS. Deferral R- 78-145 Personal Appearance 108 109 109 - 117 — MINUTES OF REGUi,AR MEETING OF 7}4E CITE' COPL*1ISS10N OF MIAMI, FLORIDA * * On the 23rd day of February, 1978, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular 4ession. The meeting was called to order at 9:06 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the commission found to be present; ALSO PRESENT: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -'Savor ^iano o Re.bnse Manor Maurice A. Ferre Joseph R. Grassie, City Manager R. L. Fostn cn, Assistant City P;an,Ivr George F. Knox, City Attcrnt. (': :ie, City Cic rk Matte Hirai, Assistant Cit\ 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 wading of the minutes was introduced and seconded and was passed unanimously. STATIOt. AREA DESIGN AND DEVELOPMENT OF RAPID TRAriSIT PROGRA^1, Mr. Luft: Ladies and gentlemen my name is Jack Luft, I am with the City of Miami, Planning Department. I am involved in the Area Design and Development for the Rapid Transit System scheduled to be developed as part of the 1972 Decade of Progress Dade County Bonds. The System involves three basic components. The slide behind me illustrates the bus system that were resolved as part of the Balance Transportation Improvements. The second slide indica_es L1-.2 total Rapid Transit System with ten stations in the City of Miami, ranging from Douglas Road on the South to the Allapattah Station at 36th Street on the North. Ard the final component to the system will be the People Mover and several statiors that will exist from the Omni through the Downtown area to Brickell. The City's involvement in this particular program came about as the result of a contract that we have entered into with Dade County to provide planning services in those areas around the ten stations and in the People Mover System Downtown. This contract was entered into in December. It will last through September 1st of this year with a probable extension after that. We hope to by the end of this contract phase complete concept planning defining the issues and the general directions for development around these transit stations. Today we have completed the review of existing conditions. We are now prepared to engage upon the conceptual planning for the system. I would like to introduce for just a moment the people that are working with me cn this project. In the second row here on the left is Jose Garrido, Vernor Jackson, Pierce Eichelberger and Joyce Meyers. This is the staff in the Planning Dept that will be working on this Station Area Design and Development, One of the most important things that we are going to be setting up very quickly, will be a cit::zen's participation process to assist us as Planners in helping to find the various objectives and goals for the station. As we proceed through the process however, the City Commission will be advised of the various steps that are taking place and the concepts as they begin to evolve. It will be the responsibility of this (omission as it is with all planning programs to teview, approve and ultimately adopt and ittipletitiettt the various tecotf»endatfcnsisotting out through the alternatives fot the development Of these station ateas. We feel this will be an exttemeiy important process as We do feel that the potentials fot station art development are quite considerable. The various dithensions of this station area development can be broken down into several levels. Wrist I'm going to do is take you on a quick teview of various cOMMunities in North Aiherica that have had experience With station tea development. I'M going to show you some of the projects that do exist today, some of Which ate still under development. I'm going to speak to that in terMs of the various categories of considerations that we ate going to be having in this program. One of the first things we are going to concern our ;elves With is joint development Of station areas. This actually means taking a publicly owned station site and incorporating with it private development such as you see on the slide here Which is in Toronto. On the Young Street line North, thi.5 is the Lawrence Station. The large dark glass building was built directly over a transit station with private monies through lease from the TTC. Mayor Ferre: Jack, should we ask you questions after you have finished? Or do you want us to ask during? Mr. Luft: I think as we are going. Mayor Ferre: Whatever you prefer. Mr. Luft: It's fine with me if we asked them right along. Mayor Ferre: Alright, then if that's the case, I've got two questions. So,... Mr. Luft: Yes. Mayor Ferre: You said that the--- while I was looking up there that it would be in September. You said that the People Mover Contract was signed in December and that it would be running through September. Is that right? Mr. Luft: That's correct. Mayor Ferre: Now, in September are we going to have engineering drawings? Or what is it that we have in September? Will we be ready to build it in September? Mr. Luft: Ok. The actual construction of the Rapit Transit System will begin • probably in October. Ok. There are being prepare now detailed working drawings for the stations and the actual construction of the system. That is separate and apart from what we aro doing here. Mayor Ferre: I know. But, for example thfy have rot as yet chosen whether it's going to be Westinghouse or Ford or who is going tr... Or you know. Mr. Fosmoen: You are talking about the DPM. The Downtown People Mover. Mayor Ferre: Yes, that's what I'm talking about. The Downtown People Mover. Mr. Luft: The Downtown People Mover. Right. Mayor Ferre: I understood you to say that the engineering was signed in December and that it would run through September. Is that Correct? Mr. Luft: No, that contract that we are working on,which is Station Area Planning will run through September. Mayor Ferre: I beg your pardon. That has nothing to do with the DPM? Mr. Luft: No, it does not. It will ultimately in•'olve planning considerations for the Downtown People Mover Stations. We will b.•come involved in that so I mentioned that. Mr, Fosmoen: Jack, as a clarification though UPTfA has approved 1.2 million dollars preliminary engineering contract for the Downtown :'eople Mover. Mayor Ferre: But, all the preliminary engineering contract does is give us stuff like this. Mr. Fosmoen: No, sir it will end up in a set of saecifications that can be let for a contract. Mayor Ferre: For a bid. Mr. Fosmoen: For a bid and they will noc ;r-es i the Hdder or the developer On the D1'M. The specifications will he written 11, '4uch a way that four or five builders can bid on the thing. It will howcvc-, involve reexamination of the current route Downtown. Mayor Ferre: I ncti .ed that CAL: route that ve, , have on that slide is different from the one that we locked at Mr. Fosmoen: ','es That's :still a: in the al/ Mayar. Mayor Ferre: :s tha- the latest. Mr. Luft: This is they latest one that >.:.is provided to me by QTA. Mayor Ferre: Oh, we_l I'm very happy about tte et because 1 noticed that you have abandoned the 2nd So.ree: Corr idcr ao d you e c going down Nitchell Wolfson's Blvd. Ok. Now, the se and question that I had... t'i , -" , The joint development is really based on the fuudine on---- what' that called'. The Young Amendment. Mr. Fosmoen: Yes, sir. Mayor Ferre: The Young Amendment. Now, that has not been funded. Mr. Luft: It is not ne es-.<er.iiv based on th.et, it might he possible. We are going to be looking it it in :his piace, to uc' various portions of the station areas, actual station site' O. for instances in the Douglas Road Station, there will be areas available for possible joint development where we will not have to go into further acquisition ao:l clearance as would be the case through the Young Amendment. And could make those pal'cels available to ^rivate developers for joint use. Mr. Fosmoen: To expann on that. at some stat ions i maybe possible to use tax increment financing for redevelopment around the st3ticn. Or we may use Urban Community Development funde fcr redevelopment. Mayor Ferre: You mean if it passes in. the Constitutional Amendment that's being proposed? Mr. Fosmoen: ;:ell, the Lr,i:,!: t o:e: is on the books now for tax increment financing. Mayor Ferre: But, as I understand the ieeislatiun it is the County that has to... Mx. Fosmoen: it wilt continue to be. the County in Dade County, sir. The County... Mayor Ferre: In other words the. County has to select the agency to do all of this. Mr. Fosmoen: The County is the redev .,dent for the entire geoghraphic area of Dade County by County Charter. Now, we participated as you know very actively with Dade County in ,electing.., Mayor Ferre: You mean they could delegate teat responsibility to another agency for example. Mr. Fosmoen: They can delegate it. They have done it on one occasion to the South Beach Redevelopment Authority, Mayor Ferre: I see. Of course, the impact of all of this is going to be on the zoning... Will they be able to preempt our coning? Mr. Fosmoen: No, sir. Mayor Ferre: They've got to deal with the zoning that the City.of Miami... Mr. Fosmoen: They have to deal with the zoning and the City of Miami has to adopt zoning for redevelopment and they may be our agent, sir. But, you know, we can take the initiative on the redevelopment projects. Mayor Ferre: In other words, they couldn't } o in .,nd say we are going to take the 3 the Viscaya Station and we are going to go in and rezone all of the at•ea where Plutmiet lives, Reboso lives, all the way to Rose Gordon's house. Mt, Luft: No, the City retains all powers of -oning land use control. And it is Ptecisely this process that we ate going through that w#s have been barking on now that will tell us what it is we want that zoning io be. What it is we finally decide upon and adopt is what the controls will be on that development, The County will not have any say it that, The County does control actual. developfnetit Oh the station site, the land owned by the MTA. But, it will not control any of the parks of the community around it. Your second slide shows you the Bluer Young Street Subway Development in Toronto at the main terhinal which has intergrated a number of Cotmnercial Retailing Enterprises, This slide is in Silver Springs, Maryland where the agency of Silver Springs, Maryland National Capital Planning Commission is preparing plans at the tnotnent to hopefully achieve joint development over this parking lot. They have designed a parking lot in such a way that they can bring in columns and piers and construct offices or apartments above this project property which is part of the station site itself, In Washington, this is a new office building presently being constructed over an existing Ramada Station that enters in off of the corner into the subway, Another aspect of this program will be to consider public development with private lease back where the public sector actually does build the structures and then leases these properties to private enterprise. In this case we are looking at the Quincy Station in Boston where the BMTA has developed a parking garage over the station and then developed various space for banks, restaurants and shops and lease those out to private own entrepreneurs. Even in New York City, a rather extensive system of shuns and services in the subway system for the patrons. Reversing that concept there is private development with public lease back. In this case,an existing development in Washington was leased by the Ramada Authority for a station entrance. This could well be the case in Downtown with the People Mover System where public stationary entrances will enter in through private development. In terms of station area development looking at those areas not in, but around the actual station sites. Probably one of the most significant things to occur in this County recently was the City Court Building in Manhattan where after mu:h debate and consideration the City Court people were finally convinced that it was going to be a wise thing to tie into the subway. The internal concourses and atriums were then opened out into a direct connection into the subway feeding much improved access for their employees and shoppers in that complex. In Toronto we see the Spedino Line New Housing Project spranging up around the stations. You see an areal walkway spanning from the station to those housing projects. In Oakland... I'm sorry that one is on it's side. This is a City Center Project. In downtown Oakland probably one of the most ambitious schemes we ran into in the Country. A million two hundred thousand square feet of office, major retailing, residential open air plazas all of this opening directly into the City Center Platform Station in Oakland on the Bart System. Mayor Ferre: Jack, I might add that th._t particular example of Oakland is probably the largest and most dramatic case of any joint private, public sector development. And it's really something that I hope some of you the next time you have an opportunity to go to San Francisco on one of these government meetings that you really take time to go to Oakland and look at that because it's really the wave of the future. What we are doing in Watson Island and what we are doing in the Convention Center the idea of that really springs out of that Oakland Project. That's where it all really began in this County. Now, and it's the most ambitious of all these programs. Mr. Luft: A second situation.... Excuse me, this is the Malden Station, a small community and then the orange line north of Boston where they have gone into an ambitious program of redevelopment in the downtown. This is the new City Hall Government Center Complex in Malden opening directly across the street from the Malden Center Transit Station, This was a direct result of and spurred by that extension of the orange line into that community. A third situation that we are going to be considering in station development will be actually intergrading the station and the movement systems to and from it within the existing fabric of the City. Miami is a developed community. It is going to be a problem or an opportunity as you see it to tie this system directly with the existing City. Here we have downtown San Francisco the Powell Street Station•ahere they have created a large plaza an entrance into the central Bart piatfarm on Market Street doing rather an exceptional job of bring this station into the functioning City of Downtown San Francisco, Conversely on the concord line going out through Oakland we have the Walnut Creek Station where we have an existing high quality residential area, They've tied the station area of the parking, the landscaping in there so that it would work without changing.or affecting that community. We have the Oak/and Alameda County Coliseum, the major new sport complex --;ith direct pedestrian access bridging over tying directly into the coliseum station. In Toronto you have the Young Eglington Center opening directly off the transit system. You have underground passageways into these major complex of offices and shops. You have the concourse and it shows you hew Ole various shopping sits up. The large ted area in the middle there is the su~ entrances. (CONVENT MADE OFF THE PUBLIC RECORD) Mr. Luft: That is Toronto. In Quincy Center in Boston we have the T System, see the red'1 'up there? `that's the subway or actually the elevated in this section platformed entrance. You have your Quincy Tower Center- a rna for pedestrian connection Malls linking directly into that station area providing that fundamental linkage, We are going to have to talk about linkages. We are going to Le concerned about how the community which is not directly adjacent to transit stations ties into this system. Areas in Little Havana, in the Northeast area and Allapattah are going to have to rely on feeder bus service to bring them into these stations. In this case in Boston we are looking at an industrial area which relied very heavily on feeder bus access to bring employees into the station which we see in this slide. This is feeder bus access in Silver Springs. Pedestrian access considerations in San Francisco. Bike ways facilities. Hopefully, we will he building bike route beneath the system here in Miami linking to all the communities along either side of this alinement. Regional bus connections. We see new the development of the AC Transit lines in San Francisco which are expanding; considerably. This is the Concord Station again,,providing much better a•:xess 'or the entire regional community into these facilities. We talked... After considering the treatment of rapid transit corridors as they pass through communities. This is not just station area planning. Now, we are looking at the impact of the total system en aie community through which it passes. This is in Boston. Housing in Washington and the impacts of Bart in the south or the east bay area as it moves through Oakland. We are going to have to think very carefully about land use and intensity and the distribution of services as they occur around transit stations. This is obviously a case in Washington where they chosed to leave the neighborhood as is no changes. It has been done in the majority of cases where stations have gone into low density areas. There have been very firm policies established across this in all the systems for maintaining characters of neighborhoods and they have been able to do it. Here we see in Berkeley the institution of the new highrise development at the Berkeley station. And a rather dramatic example in Toronto of corridor development along major arterials speeding into transit stations which you see in the distance. This is the Eglington Station in Toronto and yet in between the station areas as you see the lower density, low profile of the community has been maintained quite explicitly. This is something that we are going to be dealing with in Miami. As far as institutional uses and various public services around stations, we have a public housing project here in Boston. And probably one of the most dramatic renewal examples in the Country in the government center area in Boston, the new City Hall that was developed as part of that redevelopment around the government center station. The firm end one of the most important considerations we will have to be thinking about very soon are parking policies. How much parking, what type of parking, the parking rates. This will have a dramatic impact on neighborhoods and the kind of service that the system will provide to the community at large. Following the development of these considerations for joint development) public use and private lease back, private development with public lease back, station area development, intergradini, stations within the City, defining the community and regional linkages, the treatment of the corridors, determination of land uses and renewal possibilities with parking policies we will have formulated concept plans for all of these elements. These concept plans will come before this Commission. They will go through public hearings at the Planning Advisory Board and hopefully we will be able to arrive at a consensus agreement as to the best approaches for each and every transit station, each one considered on it's own on the basis of it's merits and potentials. That's what we are entering into and what you can look forward to as Commissioners in involvement in this process. Mayor Ferro: Jack, let me congratulate you for a very lucid presentation. It was a little longer than 15 minutes, but very good, Mr, Fosmoen: Jack, do you want to touch at all on the models and the typical station? Mr. Luft: Yes, this large model that you see in front of you is the prototype, It's a typical station platform. Unlike other subway systems, all of our stations will be elevated, They will rely on the view of the community around them as a largely determining element for people placing themselves on the system, Many stations in other cities have relied on unique architecture and wildly different schemes for each station so that people know where they are at, But, with complete visual exposure to the community throughout the ride they will be able to see that FEB 231978 the stations have been designed very similar to each other. There will be so!ite differences at Civic Centet, Government Center obviously, tut, what you see here is going to be typical of the transit stations on our system. The three models ih the background are the three stations closest to us here at City Hall, Oh your left is the Douglas toad Station with the parki..g. The center one is the 27th Avenue Station and the far right one is the Visc..ya Station. The illustr'atiotts Oh the easel depict some of the typical scenes of the guideway of the platfotmed station entrances and the concoutse levels on the system. (COMMENT MADE Olt' THE PUBLIC RECORD) Mr. Luftt Coral way. (COMMENT MADE OFF THE PUBLIC RECORD) Mr. Fosmoen: If things go well on March 7th, Mr. Mayor we will be coming back to you periodically with reports on each of the station area plaits as they become finalized. Mayor Ferre: I have two questions Jack that I was thinking about while you were talking. One is I noticed on that model, you see all these stations are over on that side of US 1, on the west side. Now, for example, if somebody is walking over to Plummer's house or going to Viscaya you've got to cross that horrible US 1. Now, is there any thought being made to a walkway across US 1 tied in at the beginning? Mr. Luft: Yes. Right now under UMTA regulations they are very reluctant to fund anything that they do not see as "Absolutely" with a capital A, essential to the operation of that station, which means if there was a parking garage on the south side of Dixie Highway they would probably bridge to it. If there wasn't they probably would not. But, what we are probably going to be looking at and seriously considering our other sources of funds either UDAG monies or Young Amendment or something that will fund those kinds of pedestrian connections both across 27th at Douglas Road and then at Viscaya. Mayor Ferre: Since you have a station and there is a track on either side obviously, you can't get off the train and walk across that means you are going to have to go down and then up again? Mr. Luft: Yes, there will be escalators in all the stations, so going down won't be the problem. You will have to walk up to a walkway that will go across. Now, it might be possible for instance at Viscaya to bring that walkway directly into the platform. Mayor Ferre: Suppose I'm at City Hall or at the Auditorium for example and I want to get on rapid transit? I'd walk up ?70h which is about four blocks, but then I've got to cross US 1. Now, how do I get across US 1? Do I have to wait for the light and walk at street level? Mr. Fosmoen: You'd probably take a feeder bus. Mr. Luft: There will be feeder bus routes on all of the major arterials feeding directly into the station with free transfers. Mayor Ferre: Well, let's see 27th Avenue as I recalled was which one of those three? That one? (COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: No, that one. Yes. Where would the feeder bus go in? Mr, Luft: The feeder bus would come up 27th. (COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre; Ok. I see, (COMMENT MADE OFF THE i'UBLIC RECORD) Mayor Ferre: 1 want share with you a Little story about what happen to me in Washington, 1 guess two days ago. 1 was at 515 in downtown Washington in a taxi going to the airport and the flight was leaving at 5:50 and when 1 got to 0 Street 6 and 23rd it was absolutely solid cats. And I asked the driver# I said "listen how long is it going to take, I'll give you a little extra tip, but can you brush through this?" He said "Mister look, there is no way that I can get through that traffic". And there was a subway station ri,, t there at Foggy Bottom -,,,,whatever it's called--- so I jumped off with my suitcase snd got my little fare, tat flown.,. I want you to know that I was at the Eastern Counter 18 minutes later. And it was really quite an experience. It would have taken nee much longer I'tn sure by cab. And that was a risky thing for me to do because I did't... Huh? (COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: No, but it was really an experience. 18 minutes from downtown Washington to the Counter of the Eastern Airlines. I had to walk from the station down to the Eastern Terminal which is maybe a couple of hundred yards. But, it really is an experience, Well, I hope it passes. You,got any more questions? Ok, no more questions. Thank you, very much. Mr. Plummer: The only question that we have won't be answered until the night of March 7th. 2, DISCUSSION OF ALTERNATIVES FOR INCREASED PENSION BENEFITS TO RETIRED EMPLOYEES, Mayor Ferre: Take up item B, which is Pension Benefits. Mr. Manager? Mr. Grassier This item Mi. Mayor and members of the City Commission is brought back at the request of the City Commission. The question that you posed to us was what might be done in order to help employees who have already retired in terms of their ---the amount of pension of payment that they received. What we have done is asked the Finance Director to analyze various alternatives and he has a summary report in front of you, item B which he will expand on and discuss with you now. Mr. Gunderson: Mr. Mayor and members of the Commission. In the memorandum before you for the post retirement cost of living adjustments there are three alternative approaches. The first approach is to provide a one time percentage increase to all the retirees)equally)henceforth. This is the first table that you have before you and the increases are on the left. You can read across and in the total column for any one of those particular increases you can denote both the impact upon unfunded liability and the annual cost of providing such an increase. The disadvantage to such an approach is that some retirees have been retired longer than others and as a result the new retirees would recei the same percentage increase as the older retirees and the inflationary impact has been going on for the older retirees longer. In order to overcome that,a second approach is presented and that's in a subsequent table. That denotes the increases relative to any percentage that could be applied. And looking across the table to the total column each percentage then is reflected as an impact upon unfunded liability and the annual cost. A half Is percents which is the first onelwould increase unfunded ilabiiity to 2.6 million and the annual cost would be one hundred and ninety thousand. That means that every retiree would receive a half a percent for each year that he is retired. If a retiree was retired for ten years he would receive 5%. If a man retired or person retired last year he would get the half of a percent. The third approach is to provide a method whereby the annual question of the impact and of retirement can be handled by an automatic index. This would be on a cost of living basis. Using the cost of living indexl!for instance--- there are other indexes that could be used, the implicit price depleter who can he one and there are others. But, that has a large impact upon cost. The one that's outlined in paragraph three in the memorandum was a study that was done hack in 1975 which is no longer applicable. We would have to have a new actuarial study because the assumptions relative both to the plan and system have been changed. But, using that as a guide the connection to a cost of living index would require at that time looking forward of an annual 6% would be 16-1/2% for the system payroll cost and another 5,2% for plan. Now, if you recalled payroll's total payroll for the City is in the neighborhood of around $55,000,000, So, if yeti take that 20% you can see that the impact to provide an automatic cost of living adjustment will be tremendous. The third thing that I guess in looking at those three alternatives is to discuss the funding. One of the things that we have been faced with is a new requirement under the constitution effective on January 1st of 77, that requires that all new benefits be completely FE8 2 3 1978 funded and funding in the City is a real problem. The present budget is predicated on ten frills so there isn't a way to increase the millage tate lit order to accommodate continued funding . Secondly, is that ail mottles that ate currently available ate spoken for in the p_.e. -tal fund in terms of getal fund programs and opetating costs, so, that if it were cecided to use any one of those altetnatiVe5 sohe. , , of those programs would have to be curtailed, ei itninated, reduced itt order to get the additional money on an annual basis from henceforth in ordet to provide the funding. The third thing to remember at this point is that your total Pension Program is undet exttemist. Let me explain it. The stock market which represents almost 50% of your investment in the Pension Plan and ire the System has beett on a continuing decline for the last year and a half, you are in a bare market. In the last six months you've lost 20% in Dow Jones Industrial Averages; So, what does that tnean in regards to your assets relative to the funding of current benefits; It means you are going to have less and you are going to be faced with increasing payroll costiif we don't have a turn around in the stock market. That's one thing that I can't tell you right now the cost implications of that problem. But, this would accentuate and exacerbate that problem. Mr. Grassie: Do we have any questions Mr. Mayor? Mrs. Gordon: Mr. Gunderson, can I ask a question? On the second set of figures, the one described as two. The annual cost figures under totals you have two columns, One, increas in unfunded liability and the second annual cost. That annual cost I am making the assumption1and correct me if I'm wrong%is to fund the unfunded portion annually of the unfunded liability. Mr. Gunderson: That would be correct. You would have to increase your percentages currently now that you are taking in payroll as the employer's share from 38% in the System and almost 12% in the Plans an increase of the percentage -the requirement - sufficiently and maintain it at that level for subsequent years in order to provide for that $381,000 which represents over the 35 years the $5,396,000. Mrs. Gordon: No, you are looking at the second number and I am looking at the first one just before,for instances to get a clarification on the mathematical procedure involved, the unfunded liability was based on a 35 year payback and that was one or two years ago. Mr. Gunderson: That's two years ago. Mrs. Gordon: So, there is 33 years remaining. If the unfunded liability is as stated here, correct me where I'm wrong, but is it equally divided by the 33 remaining years?--- the unfunded liability--- or is it a decreasing amount or an increasing amount annually? Mr. Gunderson: It's approximately 35 years. Unfortunately, when I extended the table I didn't take into account the reduct.on of the two years which would have increased this amount because it's over a lesser period of time. Mrs. Gordon: Well, the point I'm trying to make -and it's a mathematical question and that's why I'm asking you- is this figuresregardlesso.. pick any number, take a round number, and divide it by the number o: yenrq for funding of the unfunded, would that be the number that you would come out with in the annual cost figure? Mr. Gunderson: Approximately, yes. Mrs. Gordon: Well, I did that on my... Mr. Gunderson: It's approximate. Mrs. Gordon: Yes, but there was quite a bit of difference. Mr. Gunderson: Well, it isn't in the... Mr. Plummer: Take the $180,000 annual cost. You multiply it by 35 and come out with $6,650,000. Mr. Gunderson: Well,... Mr, Plummer: And you are showing a projected cost of $2,006,000. Mr, Gunderson: That's correct. The difference in the application of that is the 8 FEB 231978 actuarial projection of the $190,000. These were table that wete taken ftom the actuary. So, it's not an exact amount. Mrs. Gordon: It isn't at all. One of the twn figures :oes not balance, If you are going to go the way J. L. said you will •nu] tipl: the 19 , times those tiutnbet of years that's one figureyin excess of what you got, But if y,u take this figure that you have and divide it by the 35 of 33 you will come up with a considerable lessen annual cost than the 190. Mr, Gunderson: Yes. But the 190 is correct, But, it' the actuarial effect upon the 190,000, I can't tell you what that is I would have to talk with the actuary to tell you how they do that. But, I can't tell you, but this is from the actuary. Mrs. Gordon: And this is... Is this second plan then if we just did it one tithe and increased it just one time? this would be the revolving effect upott the plan? Mr. Gunderson: Yes, you would have to add that $190.000 each year, intrease the percentage of your payroll that you are currently at which I indicated was 38' in the System and about 12% in the Plan -in order to accomodate the additional amount that would be necessary to fund this for the life of 35 years. Mrs. Gordon: Well,... Mr. Plummer: What he is saying Rose is this. Mrs. Gordon: Yes. Mr. Plummer:...we are looking at the very narrow spectrum today of those people who are sitting there. They are having to take into consideration the people from this Jay forward who also will he retiring, who also, will be receiving that benefit. Mrs. Gordon: Not necessarily so. It's not an.... yes, to the half percent, but not increasing it again like number three would be. Mr. Gunderson: It's the continuing, yes. You for that benefit. It's at this level now, you maintain it at that all the way through. have have to raise the level of funding to raise it to this point and Mrs. Gordon: I understand that. I understand all the ramifications and I also understand the problems in the Pension System. There are numerous problems, but I also understand the need for us to take some action even if we have to cut some of the frills or our other activities, if there are such things that we can cut. And I personally am in favor of and find a real serious need for us to do something to help at least those people who have been retired longer than ten years because they can't make it, and let me tell youisome of them put in their lives for us in our City when the going was tough row they've got the going toughy so, let's look at thisyyou know, sure we have problems, but this isn't the only problem) we've got a heck of a lot of problems in our Pension System. This is a very tiny little speck as compared to other problems that we have. Sure the market is dropping, we have very little control over the markets dropping . The only thing we can do is make sure that our money managers are conservative in their approach to the investment picture, and that is what we can do is keep a constant eye on them and their performance in the market so that they don't take undue risks and they don't lose more than need be. But, I'm totally concerned and interested in us being able to do at least the first portion of the second paragraph. Mayor Ferre; Rose, I philosophically agree with you. Mrs. Gordon: It was three years ago that we did it last. Mayor Ferre: 1 philosophically agree with you. Now, it's a question and I think --- I would imagine everybody in the Commission philosophically agrees, I don't know how everybody else feels, but I would imagine that that would be the case. The question is -how do we go about doing it? Suppose this Commission were to vote on this today, how are you going to fund this, Mr. (.r; cSie? Mr, Grassie: There are two steps that are involved, Mr. Mayor. One, ypu would have to decide which alternative at what rate you were interested in and then we would have to come back to you with the budget and you would have to decide where you want to take the money from. 9 FEB 231978 Mr. Piu 1114 er: Well, let me tell you what 1... Mts. Gordon: Because this year's budget is t,-if ovet, you know. Mr. Pluttiter: Let's bring this thing to a head a:: far as I am concerned because you know, this thing has been lingering. Mr. Mayor, whether you want it in the form of a motion or what. I think so that the Commission can get a realistic picture, I would like the Manager to proceed with what he has just otitlined. Number one to,you know, decide which precentage we want and t think really if we decide on the first one just for the sake of giving him some instruction and then let him cote back with the budget and his recommendations of what has got to give to fund this. Then we the Commission know exactly what's got to give to give this benefit and we can weigh the alternative. ✓ Mayor Ferre: J. L., but not only that I think he needs to have a study made exactly how it impacts be retired employees. How many retired employees do we have? Mr. Plummer: Well, now Mr. Manor, one of the things that you have not heard this morning which is very important and 1 think 1... We11., the thing that I'm going to bring out is this does not necessarily have to he from the Pension System. If you will recall three years ago when we gave this Bost of living it was an outright donation from the general fund. And that is another alternative that can be done here that has not been discussed. Mayor Ferre: You mean on a one-shot basis? Mr. Plummer: Excuse me? Mayor Ferre: On a one-shot. basis? Mr. Plummer: Or even on a continuing basis and if the City Commission comes to a day of realization that says we can't afford it then we have to cut it. Mayor Ferre: But, that's unfair to them,you know. Mr. Plummer: But, Mr. Mayori it's unfair as it is today. Mayor Ferre: Yes, that's true. Mr. Grassie: There has been no such thing as a one-shot basis. Now, once you make an increase you have to continue that increase, you have to budget it every year. Mr. Plummer: The one-shot increase, it was a contituous thought. Mr. Grassie: Well, same thing. Mr. Plummer: I understand. Mayor Ferre: But, let Me ask you thie, how many retired employees do we actually have? Do you know that Mr. Gunderson? Mr. Gunderson: 1800. Mayor Ferre: 1800? Mrs. Gordon: You know, the real crux of it and if somebody could find a wav that we could adjust the retirees who have been retired more than the ten year period we would then be serving the needs of the ones that really need, (C0MNENT MADE OFF THE. PUBLIC RECORD) Mr. Plummer: Yes, but see Rose your problem there and I. don't want to rehash all of this. Mrs. Gordon: I knew, I know the legal problem. Mr. Plummer;.,Chat's well and good, but how do you sit hero as a Gomml.ssioner and say we are fair to all? Mrs. Gordon; Well, you know... Q FEB 231978 Mt. Pluftet: Because what we ate asking... These people ate all tetited and have been tetited and god wish them well. But, you know, ,hat we ate really in fact doing is the othet stay around, asking those people who ate ptesentiy wotkitig to help fund. You see,that's whete the bind comes and evetytitte I go before thy Pension Boatd and say to them about the retirees "Ahhh, but you know". kev: Gibson: But, J. L. this is ttue... Mrs, Gotdoht Yes, but you know J. L. they ate watching their own retirement. Mt. P1ut ett I understand that, that's human nature. Rev, Gibson: And isn't it ttue that if those who proceeded didn't do what they did, these who are here now wouldn't have anything. I mean, than we ought to face this thing. Mr. Plummer: I agree, Father... Rev. Gibson:..because the City now looks in a sense very very attractive to some people who haven't done a darn thing nor earned any of it. So, I'm willing to go that route. Mr. Plummer: Well, I still, Mr. Mayorrwould like to proceed to let the Manager... et's give him the half percent et's take it from there. Mrs. Gordon: Ok, I'1i second that motion. Mr. Plummer:..and if you want it before in the form... I don't think it's really necessary but if you want a motion I'll make it, and then come back to this Commission and see what we can do with his alternatives. Mayor Ferre: Mrs. Gordon: Mr. Grassie: Mr. Plummer: Mrs. Gordon: Mr. Grassie: Mrs. Gordon: Alright, there is a motion. And that was to... For clarity, please. A percent on whi:h alternative? On two. Two... On number two? Yes, the first one on two. Mayor Ferre: This an annual cost of $190,793 and the increase on unfunded liability of $2,698,000. Mrs. Gordon: Which would be according to this and the questions I asked would be paid out by this $190,000, so, it isn't $190,000, plus the unfunded liablility, but thi: is a pay out of the unfunded. Mayor Ferre: Yes. Mr. Gunderson: I do have a question for a the Legr,l Department under that constitutional provision, it says that the additional benefits must be funded if the retirees life... the average retirement life does not extend to the complete 35 years have we in effect funded a benefit? Mr. Plummer: Sure, because you got people that are still retiring. Mr. Gunderson: Well, but the benefit is for those who are retired and not for those who are retiring. You see, the life of the average retiree will not extend to 35 years and that's what this actuarial presentation means. If it means in the context of that constitutionsal provision that the benefit trust be funded and this benefit is for retirees and they die before the funding bas been completed, have we funded the benefit? That's my question. Mr. Plummer: Well, you funded the benefit and... as I see it,you are mixing apples and oranges because the 35 year unfunded liability goes on whether they live or die, Mr, Gunderson; Well, let me put it the other waMI Commissioner. Put it at half, let's say instead of 35 years, to 17 years. It's not going to be $190,000 a year, 1 11 FEB 23 1978 _ Mt. PiuMmer: It would be more Mt. Gundetson: Yes. Mt • ISluMbet t That is correct. Mr. Gundetson: Then you ate not funded. Mt. Plummet: gut, you ate mixing apples and oranges. The State Constitution addresses itself to the fact that bete you give a benefit and bete you know what it's going to cost you and here is how you ate going to pay fot it. That has nothing to do with how long they live. If they all--- god forbid-- were to be expired tomorrow that 35 yeat fuindittg will still go on to pay for that benefit. Mt. Gunderson: Ok, that's my question. Mt. Plummer: I don't see how you can do it otherwise. Mayor Ferre: Mr. Grassie, you and I talked about the possibilities of making a study and you said it would take you about a month to see exactly how it would affect... Mr. Grassie: The assumption is, just so that the rest of the Commissioners understand what study you are talking about, the question was how many retired employees do we have and what are their circumstances. The assumption is that what you are trying to accomplish really should affect some people more than others. There are people who are in more need than others and that's one of your concerns. Mayor Ferre: Right. Mr. Grassie: Now, I gather that from your earlier comments. Mayor Ferre: Right. Mr. Grassie: To determine that, we would have to go back and see how long people have been retired and what their actual benefits have been by groups. Rev. Gibson: Let me ask a question. Is there anybody who works for the City now who is not apart of either plan? And you know, that's... let me say this, you know part of your problem is you can't look good when you have anybody working of you who cannot retire gracefully. And the City may take a postion. If you work for the City and you don't want to be a part of this system, you know what you do? Get out. Mr. Grassie: My impressionoCommissione; is that the old practice of giving employees an option of whether or not they want to belong is not longer the case. Now, we have three alternatives that are available to employees now. And I believe that everybody exercises one of those three alternatives. Rev. Gibson: What are they? Mr. Grassie: Well, the System, the Plan or the Alternate Pension Arrangement that we have through ICMA. Rev. Gibson: We really have two... Mrs. Gordon: We really would have two. The City's plan or we have the other. Mr. Plummer: Well, you know... Peter let me just tell. you. I think at the present time if we spin our wheels any further right now, ok ? I don't know what you are going to address, but as far as I am concerned let's address this problem when he comes back and hits with the impact of what'll going to give to give this benefit, Mr. Grassie: There is another area that I think is in process of being regularized but I don't know whether it applies 0 all employees yet and that is CETA employees. You know, we have been trying to bring them into coverage of all. regular City benefits. Mrs, Gordon: What are you referring to then by saying that? What implication 12 YOU. ate you implying that that would have on out fundinv annual? Mt, Grassie: 1st not implying anything, Cotttmissionet. 1'luitmet: you better imply, What do we have 70c, CiTA? Mr. Grassie: Yes. Hr. Plummer: You throw them into the system and1 boys you've got a spin on Mr, Grassie: Well, one of the things that we need to realize about Pension Systems is that to the extent that you add to them new employeest obviously, every new employee has it's cost, but a system is healthier if it has new younger people come into it all the time. A system that is basically serving only very old employees is not nearly as healthy as a system that has younger people coming in all the time, Mr. Plummer: That was not the question of the statement that I made Mr. Grassie. If you are inferring as I read that there is a problem or an apparent financial problem based upon the possibility of putting CETA employees under Pension... Mr. Grassie: Commissioner, I haven't implied any of those things. Mr. Plummer: Well, why did you say...? Mr. Grassie: I'm trying to answer the question and that is Commissioner Gibson asked whether all employees are covered by the system. Mr. Plummer: Well, then he should have said all permanent employees. Mr. Grassie: Well, I just want to make sure that we have all the bases covered. Rev. Gibson: I will buy the positions of all permanent employees. I don't think anybody who is considered a permanent employee of the City ought to be working for the City unless you are in the system. It's a reflection. Later on you will face that problem of being embarrassed and I don't want to pass it on to my children or my grandchildren. Because that's what's happenirg now. Mayor Ferre: Well, we have a motion on the floor and there is a second to the motion. And I think Rose, we ought to move on the motion. Don't you now? Is there anything else to be discussed? We can keep on talking to the other things later on, but let's get this one behind us. Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 78-114 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE FUNDING SOURCES FOR THE PURPOSE OF GRANTING A .5% (HALF OF ONE PERCENT) COST OF LIVING ADJUSTMENT TO RETIRED EMPLOYEES AT AN ANNUAL COST TO THE CITY OF $190,793, AS STATED IN LINE ONE OF PARAGRAPH 2 OF JAMES GUNDERSON'S MEMORANDUM DATED FEBRUARY 17, 1978 DISCUSSED AT THE COMMISSION MEETING THIS DATE AND TO REPORT HIS RECOMMENDATIONS TO THE CITY COMMISSION. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES; Commissioner Rose Gordon NOES; None, Commissioner J. L. Plummer, Jr. Commissioner (Rev,) Theodore R. Gibson Vice -Mayor Manoio Reboso Mayor Maurice A, Ferre 13 1 Rev. Gibson: Mt. Mayor, may I ask this? Mt. Manager, would it be too, difficult to tell us what the situation would be if we deal with people who have retired let's say.. more than ten years? You know, we may have to come to the position to say well, ok we can only take this group or some such. t'.o.th than do nothing. Mt, Grassie: Yes, we can do that Commissioner. I think that that was part of what the Mayor was driving at, is to try and find out what the different conditions Of the employees ate in tertns of their present benefits. Mayor Ferre: Alright, do you want to do anything else on this? Alright, then we ate going to move on... Any other quev:ions on item h? UPDATE ON PROGRAM of NO -TIER GOVERitENT STUDY Mayor Fetre: We are now on item C. Mr. Manager? Mr. Grassie: Item C, Mr. Mayor is a report back to you following a resolution that you adopted several months ago instructing us to go out and get proposals from firms on a possible 2-tier study. In that resolution you also emphasi7c. the desirability of considering local contractors and we have a recommendation in front of you that I would like Mr. Fosmoen to speak to. Mayor Ferre: Alright. Mr. Grassie: This is simply an updating report for you. Mayor Ferre: Yes. Mr. Grassie: .... we still would need to do some negotiating with the firms selected to finish that. Mayor Ferre: Alright. go ahead Mr.Fosnoen. Mr. Fosmoen: Very briefly, we received proposals from eight firms and we reviewed those proposals. We also spent a considerable amount of time discussing with the University of Miami the results of a study that they had completed under the International Science Foundation Grant. Mayor Ferre: Is that available in summary form, that study? Mr. Fosmoen: It is not available in summary form. I have two of the three volumes, it's fairly heavy reading. Mayor Ferre: Where is the third one? Mr. Fosmoen: We don't have the third one yet. The third one is principally an overview of the various forms of consolidation that have been used in the North American Continent. It's our opinion that we can build on the information and the results of that almost third of a million dollar study that the University of Miami has recently completed. We are going to attempt to link Touche Ross with the University of Miami and begin to ask more specific questions about how we can strengthen Two -Tier Government in this Metropolitan area. Our recommendation to go with Touche Ross is based on their rather extensive experience with the Toronto Trio -Tier form of government. Other consultant agencies have had experience in areas like Nashville Davidson, but those are consolidated forms and not Two -Tier forms and our opinion is that Touche Ross has more directly applicable experience to Dade County. Mrs, Gordon; Mr. Fos*oeu, have you become familiar with the Ran n Report yourself? (COMNT MADE OFF THE KWIC RECORD) Mrs. Gordon: The Ran n Report, the University of Miami and is en extensive one. has that study prepared v 14 FEB 231978 • Mr. Fosmoen: I must say Co tMissioner, I have not read those reports Mts. Gordon: Well, 1 would like you to read that before you start spending Money. Bete we ate conserving dollars. Let's really- he conservative, let's start using What's already been done without spending money +o do it over again. Mr. Fosmoen: Well, that's my point Commissioner, that we link the University of Miami and their academic expertise with Touchea.Ross who has more praghatic experience in Toronto, And attempt to come up with a model%if you will1of better structure than we currently have. The allocation of responsibilities for delivery of services has been pretty setter shelter over the last twenty years. Mrs. Gordon: What's the amount of money involved in this? Mr. Fosmoen: You are talking about $20,00(0 Commissioner. Mr. Grassie: I think that we need to clarify Commissioner also, when we say that we have not read the report, I think what Mr. Fosmoen is indicating is that he hasn't read all 2,000 pages of it. We have the reports, we have discussed the reports with the author Mr. Steve. of the University of Miami. We actually have one of the authors of the reports on the City staff and I have read through the reports in a very preliminary way, hut we are indicating to you that we have not read each one of those 2,000 pages. Mrs. Gordon: Why don't we do that? we have a lot of paid staff, why don't we utilize some in-house expertise? You know, we are... I'm sorry, we sit here and we beg for a few pennies for our retirees and then we go off and we are getting another studyyand we are getting another this and we are getting another that. I think we better start looking at some of our in-house expertise and if we don't have it, why don't we have it? Because they are here for a purpose beside you know, just to supervise other consultants. So, I'm sorry I'm being kind of sarcastic about it, I don't mean to bey but I am upset by the fact that I know that there is full blown study that has been done that was funded by the Federal Government with a lot of money and it's a good report, and it has a lot of material in it and nobody here is expert enough about it because they haven't read it. Now, I would defer this item from any further consideration until our staff has come back to us and said yesothey have read it and in itself does not contain enough information to upply us what we are looking for. Mayor Ferre: Rose, would you permit me to make a statement or do you... Mrs. Gordon: 0f course. Mayor Ferre: I mean... because I'm sure everybody else would like to ... now that we are getting into... Mr. Grassie: Possibly I should respond to that too, Commissioner. Mayor Ferre: Well, go ahead and you respond and then I want to make a statement before Rose makes her motion. Go ahead. Mr. Grassie: To repeat Commissioner, what I said earlier was that I have gone through that report, more than that we have discussed it with the author of the report. We have one of the authors of the report on our staff. Mayor Ferre: Would you repeat that statement? I want to make sure that that's what I heard. Mr. Grassie: We have one of the authors of the report on our staff. Mrs. Gordon: Who is the author that you have on your staff? Mr. Grassie: Gary Kingsbury. Mrs. Gordon: In what department is he operating? Mr. Grassie: In Citizen Services, Mrs, Gordon: And how is he related to this report now in Citizen Services? What is he doing that would be of help to us with the experience he's had on this report writing and what part of this report writing did he do? 15 FEB 231978 Mr. Crassie: Well, if you read the report which is available in the City Cotissioner, 1 think that you will see which parts of that carried his by�line. He is t►ow engaged in the Citizen Opinion Sure, and it is a direct followup to the report that he worked on. The point that we neea to understand is that the work that we are talking about now is a.next step follo.:ing up on all of this work done under the Rann Study. And it is precisely because of that followup nature that we have had these contacts with the University of Hiatt staff. And that is precisely why we want to bring them in as part of the basic study. So. that we do hot repeat any of that, but so that they take us one step further as a continuation of the work that they have already done. Mayor Ferre: Alright, t'd like to make some comments on this. Father and I'd like for J. L. also... I'll make my comments very brief, but I'd like for you to just to listen for a second. It's no secret to any of us that we keen on having run-ins with Metropolitan Dade County. I mean, we lived with that on a weekly basis. Now, the premise as far as I am concerned of why we have problems... You know, we've gone through three Managers, at least while I've been on this Commissions and you know, it was part of Homer's fault or it was somebody else's fault, it wasn't Ray Good's fault, it wasn't anybody's fault, it's the system, the system is what get's us all the time and the reason why we have a problem is because it's an ill- conceived system, it's half fish and half fowl. Now, there is no way that you can have a system that has a trend toward consolidation which is what the thrust is and yet not have consolidation. Now, we have been twenty years waiting, the Miami Herald has been twenty years pushing, conniving, threatening, editorializing. meeting in secret meetings violating the Sunshine Law by... And I'll give you names and specifics, Don Shoemaker on the phone, Juanita Green on the phone calling people and giving them do this, do that, gathering, discussing. pushing you know, and twenty years of complete failure. It has not happened, it will not happen, it is not going to happen. In the meantime, we have a system which is not functioning, it is not functioning well. Part of the problems that we are having with Rapid Transit passing on March 7th is the anti -metro vote. That Anti -Metro vote comes all the time, Clark Merrill knows, he has dealt with it. It pops up all the time. It's people who have this feeling against why, because they don't feel that we have a responsive or a responsible type... We don't go into districting, we don't do this, we don't do that. Now, what's the solution to it? The solution to i is that we have to get on... either we are going to consolidate and end up where Jacksonville is or we have... And forget about... And just wipe out the City of Miami and the other Cities which is the Herald's line. Or in my opinion and I hope that will be our line that we have to go with to an honest -to -goodness two-tier form of government with taxing districts and get the City out of county business and get the county out of the city's business and forget and overcome the duplication not only of services, but the duplication of taxation where we know, you and I know--- like Barry Goldwater--- deep down in our hearts we know that we are right that we are paying taxes to Metro that are duplicate in nature, we know it. Now, the Herald claims that if we consolidate the Police Department is going to be runned a lot easier. Well, the people of Miami turned that down already and they'll turn that down again. Now, the point is this, we are at a coossroad. Yes, we have before us the Rodney P. Stiesbold , Gary Kingsbury, Thomas J. Wood Report dated May 1976, which was part of the NSF Rann Research Project. This is two of the three volumes that we have. Now, if y i flip through it and those that have read it will see that it's full of mathematical formulas and this is a big theoretical... A willingness to spend an additional model. These are all computer models, it's all just pure theory. And it has all kinds of references about what Thomas P. Murphy, Metropolitan, thinks of the Urban County and all this... This is a great thesis for somebody in a very cold winter night who has nothing else to do and who wants to go to sleep quickly to read. You know, I don't pretend to understand the econometric models A, B and C, and all the diagrams and the mathematical formulas that are projected on this book. Now, I'm not saying that it's bad, I think it's terrific. What I do think is that somewhere along the line it has to be translated for us - poor slobs like me who don't understand all these things --- into English. Mrs. Gordon: But, we've got people over there. who we are paying.,, Mayor Ferre: Let me finish. Mrs. Gordon:„w a are paying good money to know how to read. Mayor Ferre; Rose, I'm almost finished. Now, Mr. Grassie, this memorandum that you are bringing up today,.. I mean, this item C, we actually passed a resolution 16 on this Commission. Would you telt me thf d.ite of that Commission? Resolution? Mr. Grassie: It was in July of 1.977, Mr. Ma:, Mayor Ferre: Alright, now sit, let- me tell you ,hero that came from. Would you tell me whether or not then_ w<l:; an remount in that re 4ol ut i nn? Mr. Grassie: No, there was not a specific amount In that resolution. Mayor Ferre: I)o you have the resolution, Mr. I•;anager? Mr. Grassie: Yes. Mayor Ferre: Would you pass the resolution &,o that the members of the Commission could see it? Mrs: Gordon: 1 recall the specifics surroundirw that particular resolution.., Mayor Ferre: Now, in July when it pi;ssed, let me tell you how that came about. There was a group of kids that were a part of a Price, Waterhouse study that was being made for some City in Tennessee) I think it was Memphis, Ashville or Nashville or whatever it is. I)o you remember that.? Mrs. Gordon: I remember that: Mayor Ferre: And they came and they interviewed all of us, and after that I. came up with this very same little speech that I just made now and this has been seven months ago and we all talked about and you all made... you know, and the next thing is that we decided that petnaps we could piggyback with the Price Waterhouse people and pay them twenty or thirty thousand dollars since the Nashville study was going to be a ninety thousand dollar study. I took it upon myself to ask one of those people in the government section of Price Waterhouse, I said "how much would it cost for us to piggyback and have you go up to Toronto which is where the best Metropolitan Government is functioning and come back with a report specifically related to the City of Miami not in all this mumbo-jumbo that people don't understand, but in simple English language take the Toronto System, take the report for Ashville or Nashville or whatever it il and see if you can do the same thing for the City of Miami. That was the basis of this Resolution 77-670 that was passed in July of last year. Now, the question is we cannot... You know that I am biased, none of us here have credibility. The last time we tried something like this it was before the Bill Frates... It was the so-called Bill Frates Committee, you remember that? That ended up being a fiasco, why? Because it's the same old Miami story, you start out with a fish and then everybody starts clipping away at it and before you are through with it you end up with half - id, half -bird, half -fowl and half -something else. And it's such an abomination that it will not stand up to the logic and scrutiny of public scrutiny. And we always end up with the same thing, another committee, another inside job, another group of people doing all this type of oqching together of self-serving interest of all kinds of people. The Herald that doesn t want to lose power, they want to be able to have... They want to make sure that there is no tampering with districts because that brings more politicians you see and the Herald wants to make sure that it's very very up and above water. When was the last time you saw Jim Redford around here? He represents me and you. I haven't seen that man in three years anywhere and any meeting, anyplace that has anything to do with his district. See of course, I'm pretty sure that he talks on a regular basis to some editorials and writers in the Miami Herald. But, that's not the point, the point is that how long are we going to sit around doing things this way and the only solution as I see it with all due respect and 1 had nothing with the selection process of Touche-Ross, because we have get to go out and get somebody who has credibility, who is an expert and to come in and do something and put it together for us and say here is a recommendation. Mrs. Gordon; Ok, if in fact you wore going to spend any money for this kind of a resume or an analy$i:i of the Rann Study and of any other areas that might be comparable to us nd if in fact you have an opinion that you might be flexible with regards to that recommendation, if it did recommend a specific procedure for some consolidation of whatever, that would be one thing, then you would be spending your money with an open mind, but all of u,; know up here on this Commission that that is not the case and you know.,. (COM NT MADE OFF T'HF PUBLIC RECOPD) 17 FEB 231`7 Mrs. Gordon: Well, do you want me to finish? I won't take but another second to say that we ate just kidding ourselves; and we are spending money While we Ate kidding ourselves, so, if we went in bu.'ness that's one thing, but I don't think we Clean business, ok? Mt. Fosrnoen: Mt. Mayor? May I make a comment? Mayor Ferre: Please, Mr. Fosmoen: Since I stated that 1 hadn't read the teport, I have reviewed the teport 1 have not read it from cover to cover, let me lay that one to rest. Secondly, one of the fecotmnendations in that report that was done by the University of Miami is that the two-tier form of Government makes the most sense. Not consolidation, not eliminating all of the local communities, not the Jacksonville Model or the Nashville Davidson Model or the Indianapolis Model, but a true two-tier forth of Government. Where that study does stops is beginning to allocate which services are most efficiently effectively provided by which tier of Government and that's the next step. Of all the analysis that's going on today is that a Two -Tier System makes the most sense for this Metropolitan area. Mrs. Gordon: Well, you know what really makes the most sense, in my opinion is if you woult have a study that would be funded by both Metropolitan Dade County and the City therefore, there would be at least an agreement that there would be a willingness, you know you can want everything in the world, but if they are not going to say they want it you are not going to have it. It's not going to be done, but we will spend $20,000 in another frustrating attempt to get something changed. So, this is what I'm saying, I'm saying that we don't have any money to spend on things that we cannot accomplish unless we join hands together with Dade County in some joint effort and agree that with Dade County or through the League of Cities... we are not an entity all by ourselves and we are not the only municipality in this county either. And you know, but we are always bearing the brunt of everything that costs dollars... dollars we don't have. Mayor Ferre: Rose, there is no other way that you are ever going to get this done unless you begin with the first step. Metro has been lowing us into this posture of don't do it and don't take it on yourself and get the Chamber of Commerce involved. You know, the Chamber of Commerce is just another instrument for the most part of the Miami Herald. It's the same old group of people. Hell, you know who they are, there is twenty of them and they keep on coming back and back. They dominate the Chamber of Commerce, the Orange Bowl Committee, the University of Miami Board of Trustees,--- it's the same group--- the United Way, they are all the same. They are all the same,there is twenty or twenty five of them. One get's off, the other one get's on, they always end up with the same thing. We keep on running around Or Or in circles. As long as we keep on letting that happen and lolling no don't do that don't take that on, that's a Chamber isnction, let the Chamber of Commerce do that, get more cities, you should get Hialeah, Coral Gables and South Miami and North Miami to fund part of it, no don't do thatsdo it as a joint matter with Metro. Twenty years later if we keep on with the same thing... They are chipping away and the next thing is the Orange Bowl and then they are going want this and then they are going to go after the Police Depa:tmcnr all over again. You know that that's happening and it's happening right now. You know, the meetings that are being held, some of them have been held in the last two months. You've been involved in one of them. So, you know exactly what I'm talking about and you know and let that... I mean, we all understand what we are talking about, we understand who the players are and what's being done and who is meeting and who is doing what to whom. And as far as 1 am concernediMr. Vice -Mayor? I'll pass the gavel on to you and I am ready to make a motion--- and then you can make whatever motions you want or vote whatever way yoL' want,--- that we proceed with the study with ToucheuRoss and authorize the Manager to negotiate and come back with a specific. Mr. Reboso: We have a motion on the floor. Mr. Plummer; Well, I wish the Major wouldn't speak so fast Bil]. Rose can't write that fast about all those secret meetings. Mr, Mayor, I fortunately find myself in a position a little bit different from what I've heard expressed here this morning, And I find that position to be very simple and that is the problem that we As Commissioners%have seen for a Long period... E:tcuse me, let me second the motion and then make my discussion to be in proper procedure, The problem is not only misconceived by the city and by the county, but more so by the public who have the problem of trying to find out where a certain authority lies to get the end results of a certain job done, Now, you know1it's easy to understand why the 18 • public is confused because the people who are delivering those services are confused, We find that in Many cases you speak of fish or fowl, yes and why? Sitnply because the City has a certain obligation, the county 'ns a certain obligation and the State has a certain obligation. I see 0-is a, :,. opportunity if nothing more and I'tn not speaking for or against consolidation) I ,ee this as being able to strengthen everyone's position in trying to find out where a responsibility of an authority lies, So, that when a person of the public wishes to come forth and to get a project or a complaint or whatever. that that authority which now is not clearly delineated can be such. And i. think. that: $20,000 would be money well spent. yes, we are hard up and it's money we could probably use elsewhere, but I think in priorities if we can capitalize on a million dollar or a multimillion dollar study and use that study to see how we can better our delivery of services to citizens in delineating the position of authority) I pi_o-sonally think it is money well spent. And for that reason I second the motion. Mrs. Gordon: J. L., I want to ask you a question. Mr. Plummer: Sure. Mrs. Gordon: Because you know, I appreciate your view point. I want to ask you this if in the end result the study would say that certain services now being delivered by the City ought to be given or turned over to Metro, would you still feel that this money was well spent that this was the kind of procedure you were willing to take? Mr. Plummer: Rose, without spending this money: we have done it in the pass. I voted as you did to turnover the Library System because I felt that it was good for the benefit of the citizens of this community. We dd such with the Water Department -- that's you and I--- and before that others such as traffic and transportation. Now, you might have an argument today whether or not it was smart. I agree, there are some areas that 1 have some great reservations. But, yes Roselif someone at anytime can come forth to me and say to me Mr. Commissioner here are the facts and I can have the time to sit and digest those facts ani 1 agree with those facts. yes. M'am I would say it's money well spent. Mrs. Gordon: You convinced rye, I'll vote with it. Mr. Reboso: Ok, we have a motion and a second. Would you please call the roll? The following motion was introduced by Mayor Ferre, who moved it's adoption. MOTION NO. 78-115 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO BE(:IN NE.;OTIAT10" :fill TOUCHE ROSS & CO. FOR THE PURPOSE OF CONDUCTING AN EXAMINATION OF THE DADE COUNTY-MIAMI TWO TIER FORM OF GOVERNMENT AND TO I ESENT A PROPOSED AGREEMENT TO THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice-!'k3yor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Mr. Manager, I really think that this is a matter of such importance that once we have a preliminary report... I hope that the next time that you negotiate you won't take until July to do that, I hope that we can get on.., and I don't mean „ I know that you have a lot of serious problems and Rose is right in many of the things that she said, I am not completely against some of the things that she has been saying because I think there is some truth in them. The fact is, you know, that frankly, with all due respect, from July through February is just,,.I don't think that there is any conceivable reason that you can give me that I can accept as to why this has taken from July to February to be accomplished. Now, I know that you have been waiting for Metro to do this and for somebody else to do something else at the University of Miami —but that is just a lot of hooey, and as far as I'm concerned, this is something that should not have taken 8 months to do, you were told to do this in July, you should have done it by September or October, I hope you don't take 8 months to do the next step to come back with a contract, and I hope that we can get on with that Report and have it in 90 to 120 days, Nowt Mr, Manager, what 1 Vas also beginning to say about this is that Softwhete along the line as Plummer, Or Pose nOtdont or ISOtebOdy else goes for a meeting up in Boston ot Washington in the north part of the country, that Aote how Ve can combine a tripSince Touthe4toss ate the auditors in TOtOntoi and start getting people up to TOtOtitoe When we go to Ban Francisco to see Marina del Rey ot we go to somewhere else to see something else there is nothing Mote important for the future of the citizens Of Miami and of out community than the future st,!.1cture bt restructuring of OUt local government. Now, if indeed, the Toronto PLan is the thing that everybody says it is, then / think it is time for us as we go to Wthington, or New York or Boston for gatherings ot meeting that Pose Gordon gr up to Toronto for a day,if she is willing to do it, and if Plummer has the time he ought to go up there and spend a day to actually see how that government is functioning because once we really see how a metropolitan government, on a two-tier basis, does function, 1 think we are going to become real enthusiastic supporters and hopefully that we will get others in this community to see the handwriting on the wall and finally get this thing up in a ballot before the people of Dade County, and 1 want to tell you this, / am not making any threats and I'm not saying what...but, I'm going to say that once we get our report' if I think that that Report is going to be as positive as the Toronto Plan and as some of these other reports are about a two- tier government including this Miami/Dade Experience 1957-73, I think that we've got to go before the County Commission fully documented --that's why Touche-Ross is important-- and put it before the County Commission and I'm going to tell you that if they don't see the reality of it, I fortonetam willing to start stumping this community and getting signatures and putting this thing on the ballot and I mean soon, and I think that we've got something that is 20 years long overdue for us to face this issue head-on. Or , Mrs. Gordon: All right, I'm pleased to hear that we have a flexible Commission. 20 FEB 2 3 i978 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH: "MARK ISRAEL" (OUR MAN IN WASHINGTON) The following resolution was introduced by Commissioner Plummet, who 'Moved it's adoption: R E:= 0LU T I ON NO. 7 8-1 1 6 A RESOLUTION AUTHORIZING fHE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C., BY MR. MARK ISRAEL, AS PART OF THE MAN IN WASHINGTON PROGRAM; FURTHER AUTHORIZING THE PAYMENT OF $27,000 AS A FEE FOR SAID SERVICES, PAYABLE IN 12 EQUAL MONTHLY INSTALLMENTS; WITH FINDS ALLOCATED FROM THE GENERAL FUND - SPECIAL PROGRAMS AND ACCOUNTS. (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 5, AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH: DADE/MIAMI CRIMINAL JUSTICE PLANNING UNIT, (SPACE AT MINICIPAL JUSTICE BLDG) The following resolution was introduced by Commissioner Plummer, who moved it's adoption: RESOLUTIU:. ..O. 8-11 7 A RESOLUTION AUTHORIZING THE OitY MANAGER TO EXECUTE THE ATTA(HED AGREEMENT WITH DADE COUNTY, FLORIDA, FOR THE RENTAL OF SPACE 1N THE Ir11.'".'] rTPAT .rOSTICE BUILDING, IN ACCORDANCE WITH 1HE TERMS AND CONDITI.ONS CONTAINED THEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 21 FEB 23 198 AUTHORIZE ADDENDUM To LIME A REEIMEN - MIAMI BRIDGE PROGRAM CATHOLIC SERVICE IM AU = PROvICE RENTAL OF SPACE IN N ,NIL.)AL JUStiCE BUILDING The following resolution was introduced by Comtnissiotier Gordon, who moved it's adoption: RESOLUTION N0. 78-118 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ADDENDUM AGREEMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI BRIDGE PROGRAM OF CATHOLIC SERVICE BUREAU, INC. PROVIDING FOR THE RENTAL OF 5054 SQUARE FEET OF SPACE AT THE FACILITY KNOWN AS THE POLICE ACADEMY STRUCTURE LOCATED AT THE MUNICIPAL JUSTICE BUILDING AT 1145 NW 11 STREET, MIAMI, FLORIDA, AT A YEARLY COST OF $2 PER SQUARE FOOT; FURTHER PROVIDING THAT THE TERM OF SAID LEASE BE EXTENDED TO 3 YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 7. TERMINATING AGREEMENT WITH GRAND UNION SUPERMARKETS, INC. RE PROPERTY LOCATED AT N.W. 53 STREET BETWEEN 11 AND 12 AVENUES. The following resolution was introduced by Commissioner Plummer, who moved it's adoption: RESOLUTION NO. 78-119 A RESOLUTION TERMINATING THE OCTOBER 24, 1958 AGREEMENT WITH GRAND UNION SUPERMARKETS, INC., RELATING TO THE RT!:HT OF THE CITY OF MIAMI TO PURCHASE A PORTION OF PRIVATE PROPERTY FOR OPENING N.W. 53 STREET BETWEEN 11 AND 12 AVENUES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A DOCUMENT OFFICIALLY TERMINATING SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R, Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferro NOES: None 22 FEB 231978 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT: STATE OW F A) DEPARTMENT OP STATE) DIVISION OF CHIVES HISTORY 'Ur. RECORDS MANAGEMENT AROUEOLOGICAL SALVAGE EXCAVATION (CUMJEN. ION CENTER sin), Mayor Ferre: Take up five. Mr. Plummer: I want some explanation on five. Mayor Verre: You got to do it, that's the explanation. Mr. Plummer: No, I'm not going to buy that. I'm not buying that at a11. Mayor Ferre: Plummer, it hurts my bones as much as it hurts your bones. (End of Statement did not get on the record.) Mr. Plummer: Fine, let them look for bones. Mrs. Gordon: We really found some big ones. Mr. Plummer: Fine, but I want to know why the City of Miami has got to put up the money when it's a State expedition. (COMMENT MADE OFF THE PUBLIC RECORD) Mr. Plummer: Yes, I'm tired of those blackjacks. Mayor Ferre: Sledgehammer right over your head. Mr. Plummer: No, sir. Is the City going to get any of the benefits out of it? Let's move it... Who can talk to this? Mr. Grassie: I have asked Mr. Crumpton to come down, but I can tell you briefly what position the City is in Commissioner. The Federal Government with regard to the grant that we have for the Conference Center and you remember the EDA Grant that we received for the Conference Center, the Federal Government as designated the State Agency as the signoff agency to determine that we have met all of the federal requirements having to do with environmental preservation and the abiding by Federal Regulations on the part of the City. So, this agency that we are dealing with has responsibility for doing the check —off and getting our money through the Federal Government. Now, I'm kind of uncomfortable about that position because they not only are the monitors of the regulations, but they also are participants in this excavation work. They, as a State Agency%have an interest in performing the excavation work. But, regardless of whether we are uncomfortable with it or not that's the situation, and that Agency feels that because of the nature of this site, the historic value of the site,that this additional excavation needs to take place. It will be... contributed to by the Federal Government through their money by the City through our project money and oy Lim. State and I should point out to you that the State contribution really is an in kind services basically university staff that they bring in from the State University System. So!, those three sources will fund it. It is a very significant increase over what we started with, actually the increase is more than the initial project. Mr. Plummer: Bow about that. Mr. Grassie: And just so that you could see that we tabulated that for you,. Mr. Plummer: Who designated them as the authority of the clearing house? Mr, Grassie; The Federal Government. Hr. Plummer: Then vby docent the Federal Government fund them? Mr. Grassier dell, they are in part, the Federal Government is in part funding 23 FEB 231978 the study. As you cat see they started out funding 388,000 and they ate adding to thAt $94,000. Mt. Plummer: I don't see it, I really don't <t it. Mt. Gtassiet I wish we had a choice'Cot 'issioner. Mr. Plummer: You ate talking about a project that is rapidly approaching a half a Brillion dollars. Mr. Grassie: I'm afraid so. I wish we had a reasonable alternative Commissioner. The whole question of the amount of expense that we incur because of some of these regulations is getting to a very serious consideration. Mayor Ferre: There is the $200,000 that you need to fund one year of this pension problem that we have been talking about this morning. But, the fact remains,nevertheless, that you can't really tie one thing to the other as the President is finding out. Sure, he can get rid of the Bl Bomber. But, the fact happens to be that 24% of the United States budget goes to the military and there is not much you can do about it. And that sure enough impacts the inner city, but unfortunately one thing doesn't relate to the other because everytime the Russians make another move in Somalia or somewhere in the world we get stuck. And the problem is the same here, yes, we don't want to spend $200,000 looking for bones. Do you want your Convention Center? It's very simple, it's not nice, but it's very simple. Anybody want to move it? Mr. Plummer: I don't read it that way. Mayor Ferre: I tell you I don't want to be the hero to find out to take on the Federal structure and the State and all the (archaeologists) and the whole bit and have this whole thing held up for six months and bye,bye Convention Conference Center. Mr. Grassie: Jim Connolly, who is intimately associated with that project is here if you want to ask him some questions Commissioner. Mr. Plummer: What am I going to ask him? I ask him the same questions I asked you. If this group was designated by the Federal Government as the king, well why don't they finance the king. Where is the money coming from? Mayor Ferre: Well, we got $5,000,000 from them. Mr. Plummer: Yes, but where is the additional $63,000 coming from? Mr. Grassie: Our share is coming from Project Bond Funds. In addition to that we have EDA money, Federal money, and we have the State money that I spoke of which is shared time through the State Univerc.ity System. Mayor Ferre: What's the difference it's coming from the left pocket instead of the right pocket. The Federal Government has given us $5,000,000. Now, they are forcing us to go out and look for bones. What do you want me to tell you? That's the way it is. Now, you want your Convention Center? Then you have got to come up with the $200,000 for the bones. Mrs. Gordon: Does this delay the beginning of the construction project did you say? Mr. Grassie: No, it doesn't. Mr, Plummer: That is if they don't ask for another extension and more money. Mayor Ferre: That's right. That's also truo. 1 mean, let's face up to this one Joe. Let's face up to it. God forbid that they find the remains of Columbus or the King or King Tut's grave down there because, Mr, Plummer: No, wait a minute, if they find King Tut we can make a lot of money off that. Don't worry about that one baby. Mayor Ferre: I'll tell you everybody is all excited and I want you to go down there to see what there are excited about, There are little pieces of bones about so big. Mr, Plummer: How can you get near it? Everytime I go to look I got a fence up, 24 FEB 23978 Mayor Ferre: 'That's because you are a suspicious looking individual. They wouldn't icrt you in. Mt!'. (41rdou; They soy you hove k(c' moth ltolll'q Rev, Gibson: They say that's your line. That's your line man. Mr. Plummer: You had to catch me on a conflict, right? Mayor Ferre: Are we going to move Plummer or somebody else... (End of Statement did not get on the record.) Rev. Gibson: Alright, let's go man. Mayor Ferre: Make your motion. Rev. Gibson: I move. Mayor Ferre: Alright, Gibson moves, is there a second? Reboso seconds with Plummer's hesitation and my misgiving to call the roll. Mayor Ferre: We will buy the Mayor a shovel. The following resolution was introduced by Commissioner Gibson, who moved it's adoption: RESOLUTION NO. 78-120 A RESOLUTION AUTHORIZING THE CIT'i MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT TO INCREASE THE SCOPE OF WORK OF TIIE ARCHAEOLOGICAL SALVAGE EXCAVATION AT THE CITY OF MIAMI'S CONFERENCE/ CONVENTION CENTER SITE, WITH FUNDS THEREFOR NOT TO EXCEED $149,000 FROM THE CONVENTION CENTER BOND FUND AND $182,00 FROM THE CONVENTION EDA GRANT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 110 Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Miinolo Rebosa Mayor Mauri:,: A. Ferro NOES: Commissioner J. L. Plummer, Jr. ABSENT: None 25 FEB 9, ACCEPT CAL WORK: HEAVY ECUIPMENT SERVICE lAc I Lt1Y AUTO ROUND RELOCAT1OE4, The following resolution was introduced by Commissioner Gibson, who Moved it's adoption: RESOLUTION NO. 78-121 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DUFFEY CONSTRUCTION COMPANY, INC., AT A TOTAL COST OF $233,653.78; LESS $4,500.00 PENDING SETTLEMENT Or CLAIM; AND AUTHORIZING A FINAL PAYMENT OF $24,152.32 FOR HEAVY EQUIPMENT SERVICE FACILITY- AUTO POUND RELOCATION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 10, ACCEPT COUPLE[ D WORK: N.E. BOTH TERR. -COMMUNITY DEVELOPMENT PAVING PROJECT- PEASE II, BID "B" - DRAINAGE. The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUTION NO. 78-122 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS uROTHERS COMPANY AT A TOTAL COST OF $23,180.00 FOR N. E. 80 TERRACE COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE II (BID B - DRAINAGE), AND AUTHORIZING A FINAL PAYMENT OF $1,827.50 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES.: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre 26 FEB 2 31978 • 11, REMOVE CONTRACT FROM C. A. DAVIS, INC, FOR FLAGI ER STREET HIGI4lAY IMPROVE' MENT H-4372 & H-4391, AUTfO R I ZE `',.: , , TO , DVERT I ` = FOR NEW $IDS, Mayor Ferre: Take up item S. Rev. Gibson: Move. Mayor Ferre: Moved by Gihflon, is there a second, Mr. Plummer: Well, see if you get a second. For purpee of discussion I'll second and then I'll ask the question. Mayor Ferre: Alright. Plummer, Mr. Plummer: Mr. Grassie, arc L;o Ie: t in;_ this other cr:zpany off the hook? Mr. Grassie: No, sir we are not. Manor Ferre: What's the other con.pany? You mean Davi . Mr. Grassie: Are you talking about Davis? Mr. Plummer: Well, the ones that they are tc;king it away from. What are we doing to pursue that they have if in fact .As ' real your report, goofed —up. You know, let me tell you something... Mr. Grassie: It is our position that they have Commissioner. We are going to be in court with those people ' feel surd. Let the ask the staff to give you some more details on that. Mr. Plummer: Well, let me tell you my big concern. Anytime you have a project and you take it away from .'ie and give it to another when something goes wrong von will never pinpoint a given responsibility. The second Contractor will say "well, it isn't what we did it's because- of wh,:3t tiue first one did" and the first one says " well, it isn't our fault the sc:•co„d contractor goofed —up". Now, that's my big concern. Mr. Grassie: Let us give you some backgroung on that. Mr. Plummer: Please do. Mr. Grimm: Unfortunately a lot u; wL,.t say is correct and this is going to be a circumstance where we are all going to have bad taste in our mouths before it's over with, but we know of no other way to finish this project. The Contractor that's presently there has continuously refused to do the work. As you will see from Mr. Parkestmemorandum,the total amount of the contract was in access of a half of a million dollars, and we have only paid them .} ,:r a q'nrter of a million, so we still have half of the total contract amount in our control. We are going to wind up in court and we are going to have to rebid the project. We are going to establish in that rebid exactly what the new costs are and hopefully when this is resolved in court some of it will come out in our favor. Mayor Ferre: Alright, Father? Rev. Gibson: Mr. Grimm, what happens when a man fails to fulfill his contract? Mr. Grimm: Well, that's exactly... We have to take the contract away from them. We have to actually go through this process which you see the second page in here.., Rev., Gibson: I saw all of that, but I wonder if we go through all of that then what do we get? Mr. Plummer.: 'rho shut t . Mr, Grimm: Well, Commissioner Plummer could be right. You know, this now is going to be resolved ultimately by the courts. Mr, Plummer; $ut, did they put up a performance bond? 27 FEB 231 n$ Mt. Gtim: Yes, and that will be part of what we will sue about too. Rev, Gibson: Well, all t want to make sure is that... 1 teed this and I putposely tnoved this because I wanted to raise a question. Two things. It seeds to fine if this Man does hot catty out his promise--- that's all we have when you deal With people-=- we ought to do two things. Number one, we ought to be very leery of doing business with him in the future. Mr. Grimm: Oh, you better believe that. Mayor Terre: But, you know he has been doing business... that Mali has been living off of the City for many many years because that C.A. Davis has been a continuous and and cnnstant bidder of City work for the last ten years and causing us problems for ten years. And yet we keep cropping up again and again and again. Rev. Gibson: Well, Mr. Grimm what I'm saying is 1 hope in the future when you all bring these contracts before us that you make sure and red line his tame. You know what I'm talking about? Mr. Grimm: You can rest assured on that. Rev. Gibson: Alright, then the other thing is I hope that when we go to Court we don't get to be buddy buddy with the taxpayer's money. Now, I think if a guy doesn't perform based on what he promised to do and he has the mitigated gall to take us to court and all that business, we ought to also, if we found that we are right that we ought to go for blood just like he is going for blood. You know, I don't think we have to... You know, because we sleep in the same bed we got to hug and kiss everybody. Do you follow what I'm saying? Mr. Grimm: Yes, sir. Rev. Gibson: Alright, I want to make sure you got those two things, because I'_m going to be very careful. Mr. Plummer: that I can't investigated all the time You see Father this is the very thing that I continuously scream about get others to listen that sometimes in fact the low bidder is not enough. Now, hell if you are going to get into this kind of problem it's understandable why he is the low bidder. Real easy to understand. Mr. Grimm: Well, Commissioner that's not a fair statement. Mr. Plummer: Well, I think... Over a ten year track record I think it becomes... Mr. Grimm: At any given day there is probably 100 contracts going out in the City and this has cropped up and this is the first time we have sued a contractor in I don't know how long. Mr. Plummer: My good friend Vince, it is not what you say it is how you say it and that's where this City continuously finds itself in problems with specifications that are put out. Mr. Grimm: The fact remains that the can of worms that you would open up by going to other than the low bids to me is the lesser choice. Mr. Plummer: I'm not suggesting that, I said to further investigate the low bid. Mr. Grimm: Well, the contractors that we do business with are licensed,certified contractors to bid. Now, that does not mean... Mr. Plummer; So what. Mr. Grimm: That does not mean that they are all sometimes the efforts that we have to go through it. Mr. Plummer: Mr. Grimm, you've known me I think my philosophy in implying towards I can get for my dollar legitimately. Mr. Grimm; And so do we. Mr, Plummer; 00 Now, all before and I'm going to say with the specs that are put equal. but as far as we are concerned to do business with the low bidder is worth on this Commission for eight and a half years. government is very simple I'm saying to you is in my estimation, I've said it it again, this Commission should be more concerned out for bids than they are in who gets the bid because 1/4 28 FEB 2 �t 1o�r` a dollar bottotq litie is very sitnple to read. I can take a six grade Child eta gay Which is the lesser of all Of the numbers. But, that's tot where the problem it, the pfobletn is in the specs that ate put out. Father do you know for.,, let ffie tell yo ate 'you aware of one of the major problems in this situation? Let Me tell you Where it cones about acid I don't know that this L_.ntractot is teally all that tstottg, 1 hate to Say that, but one of the problem. that stems froth this is this 'mosaic tile that they want to put on the sidewalks. 'lir. Gii.$i Cotainissioner, could I remind you that we are liable to be in cOurt on this item, Mr. Plummer: Mr. Grimm: tithing is a Mr. Plummer: You mean I can't speak the truth? Well, it's not that you can't speak the truth, but I just think you little inappropriate. I'm sorry Father, I can't tell you the truth of the smatter. Rev. Gibson: Yes, I saw that and I didn't know... Mr. Grimm, I understand you and so we better hush. But, you know I'm like Plummer, I wonder if I would... (COMMENT MADE OFF THE PUBLIC RECORD) Rev. Gibson: Look don't touch it, let's forget it we will deal with after the court battle. Ok. Mr. Plummer: You say ok, but we are going to continue to deal with thib damn thing. Rev. Gibson: Then what we do Plummer is let's worry about all the other contracts and leave this one alone. Mr. Plummer: Father, I couldn't agree more. but, until this Commission gives some directives which it has failed to do for the eight and a half years that I have been here... (COMMENT MADE OFF THE PUBLIC RECORD) Rev. Gibson: I know how you feel man. Mayor Ferre: Alright, we are now on item number... Did we vote on this? Mr. Oagie: No, sir. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Gibson, who moved it's adoption: RESOLUTION NO. 78-123 A RESOLUTION TAKING THE WORK ENTITLED FLAGLER STREET HIGHWAY IMPROVEMENT H-4372 AND FLAGLER STREET HIGHWAY IMPROVEMENT EXTENTION H-4391 OUT OF THE HANDS OF THE CONTRACTOR C. A. DAVIS, INC., AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE AWARD OF A CONTRACT BY THE CITY COMMISSION TO ANOTHER CONTRACTOR FOR THE COMPLETION OF THE WORK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution Was passed adopted by the following vote: AYES: Commissioner J, L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Rebo:o Mayor Maurice A. Ferre and NOES; None, ON ROLL CALL: Mr, Plummer; Rased upon the statements of Mr. Grime that we have no other alternative and recommended by the City Administra;:lon that this oourse which we are following, which happens not to be the best, is the one to fellow, 1 Vete yes, 29 FEB 231978 Hayot pette : I'tt goi:g to Vote yes but, Mt. Mahaget , let me tot the second time today admonish the admihisttation for the length, the slowness with which this has b'!eh handled, I know it is not ah eas_, problem and I know you've got other thifitg. to wotty about, but let be tell you that this has been a problem that We have teen 1eaing With back to Ott, Paul Andrews, that's how long we've been dealing with this problem, We have been dealing with this for two years, for over two years, attd that's just much too long, you know. I have a sign which plummet gave to be which is in my office and I'm afraid that OM going to have to give that one to you,. about things around here are like two elephettts mating, 1 don't know whethet you saw that sign that 1 have in my office, Mt. Grassier Yes, and it's a rather good sign, I'il be happy to have it. Mr, Plummer: Unfortunately, around here it happens to be true. 12. ACCEPT PLAT: " JEFFE RSON' S ADDITION." The following resolution was introduced by Vice -Mayor Reboso, who moved it- adoption: RESOLUTION NO. 78-124 A RESOLUTION ACCEPTING THE PLAT ENTITLED JEFFERSON'S ADDITION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHOR- IZING 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 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. 13. ACCEPT SIX DEEDS OF DEDICATION - N.W. LATH STREET HIGHAAY IMPROVEMENT. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-125 A RESOLUTION ACCEPTING SIX DEEDS OF DEDICATION CONVEYING TO THE CITY OF MIAMI 10-FOOT STRIPS OF RESERVED ZONED WIDTH RIGHT OF WAY ABUTTING N.W. 28T0 STREET BETWEEN N.W. 22ND AVENUE AND N.W. 25TH AVENUE, FOR THE IMPROVEMENT OF N.W. 20TR STREET, (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 pawed and adopted by the foiloea8 vote; ATES; Ceei.oner J. L. Plummer, Jr, COmmassioaer Rose Gordon Commissioner (Rev,) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None. 0 1.4, Aui'1t $5,0CtO mitH THE CONTINOtNcv FuNb rbk OUltIC IN 1• TION RE $15.000;01STO1 Sit tSSIE.. The following re otution wits introduced b, Co nissionet Gibson, who sfWed its adoption: RESOLUTION NO. 78-126 A RESOLUTION ALLOCATING TILE SLUM OF $5,000 FROM THE CONTINGENCY FUND OF THE CITY Or MIAMI TO BE ENDED BY TBL CITY HANAGEFt, AS NECESSARY, POR 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: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None ON ROLL CALL: Mr. Plummer: Well, for the record, I voted against putting this on the ballot and I would do so again but now that it has passed by the majority of this Commission I feel that it is nost imperative that we inform the citizens the best that we can with the facts so that they can make an intelligent decision in voting, so I am going to vote with this motion. 15. ESTABLISH MIAMI ADVISORY CONPII'Ih1 E FOR THE HANDICAPPED. Rev. Gibson: On 13 I want to raise a question. Mayor Ferre: Yes, I've got one too, go ahead Father. Rev. Gibson: Mr. Mayor, I hope all the citizens are represented on this number 13. You know, I hope... Mr. Manager? Mr. Grassie: Sir. Rev. Gibson: On number 13... Mr. Grassie: Yes. Rev. Gibson: Are all the citizens represented on this committee? Mayor Ferre: Well, we are creating it I guess. Mr. Grassie: Well, we are just creating a couamittee%Commissioner, actually, the selection of the members will be by you, /o, the final appointment will be by you. Rev. Gibson: I just want to make sure1you know, that what we do that all of the people are here,., Mr. Grassie; Yee. Rev, Gibson;„ and something 1 heat that apes with this, I'm not so sure., we got some pretty good people in the City of Miami, you knew, . Eebpso; Well, do we have to appoint two persons? 31 FEB 231978 Mt. ►iuttattet: Rio, all. you ate doing is establishing, right? You ate not appointibg: Mt. Gtassie: All you ate doing is establishing the contitteE, you ate hot appointing anybody at this point, Mt. Reboso: Oh, ok. Mayor Ferre: Father, all we ate doing hete is establi;hing the procedure. Mt. Plummet: t' l l trove 13. Rev, Gibson: Alright, 1'11 second it. Ok, just so we. . Mayor Ferre: Plumper moves, Gibson seconds. Now, bef)re we vote on it, I got a Memo here from Mt. Russell. Rev, Gibson: That's what I thought. Mayor Ferre: Alright, now he says "we propose that the citizens listed below he appointed or reappointed to fill vacancies". Now, would your Mr. Manager/ if this thing passes have somebody talk to Mr. Russell? Mr. Grassie: Yes, sir. Mayor Terre: And explain to him what the procedure is. Mr. Grassie: Certainly. Mayor Ferre: I would also hope that you would keep it mind that we need to have balance on that committee. That there are women that are handicapped, that there are old people and young people that are handicapped, that there are veterans that are handicapped, that there are Spanishaspeaking people that are handicapped and blacks. Now, I don't know who in this group for example, it's fairly easy to see who the women are. I only see two women out of the whole committee. I don't see any latin names, I don't know how many of them are black, but it doesn't look to me like too, many of these people are black,..I mean are Latin. Mr. Grassie: These of course, are not our recommendations. Mayor Ferre: I understand, I'm not sayin; anything other than when you talk to Mr. Russell and to explain the circumstances that I hope that that's all discussed at the appropriate time. Ok, there is a motion and a second, further discussion, tall the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-127 A RESOLUTION ESTABLISHING THE MIAMI ADVISORY COMMITTEE FOR THE HANDICAPPED IN ORDER TO STUDY THE WAY IN WHICH THE CITY'S HANDICAPPED CITIZENS LIVE AND TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING ACTIONS WHICH CAN BE TAKEN BY THE CITY TO BETTER ASSIST ITS HANDICAPPED CITIZENS TO LIVE MORE PRODUCTIVE AND ENJOYABLE LIVES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES; None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodare R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Fevre 32 16, WAIVE RENTAL PEE FOR USE OF THE ORANGE- ARo itooESE OF MIAMI ON The following resolution was introduced by Commissioner Gibson, who Moved its Adoption: RESOLUTION NO. 78-128 A RESOLUTION ESTABLISHING THE RENTAL FEE OF $100 FOR THE USE OF THE MIAMI ORANGE BOWL MEMORIAL STADIUM BY THE ARCHDIOCESE OF MIAMI ON OCTOBER 7, 1978 FOR THE CELEBRATION OF THE 20TH ANNIVERSARY OF ITS FOUNDING, SUBJECT TO THE ARCHDIOCESE OF MIAMI PAYING FOR EVENT PERSONNEL, INSURANCE, AND ALL OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here in the Office of the City Clerk). and on file Upon being seconded by Commissioner Plummer, the resolution was pasce and adopted by the following vote: AYES: NOES: None Mayor Ferre: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre All right, take up item No. 16 then. Mr. Plummer: Mr. Mayor, I would like that be deferred I have not had the opportunity to look into that which would ask you to defer it. Mayor Ferre: until the next meeting I would like to do, I All right, any problems with the deferral, Mr. Grassie? Mr. Grassie: I am not aware don't know that there is any that we have a time bind Commissioner, no. I so why don't we do it, Mr. Mayor. Mayor Ferre: All right, if there is a problem you bring it up this afternoon. Mr. Grassie: Mayor Ferre: next City of Mr. Reboso: Mayor Ferre: That's fine, very good. Otherwise, Plummer movers that item 16 be deferred until the Miami Commission Meeting. is there a second? Second. Seconded by Reboso, further discussion, call the roll. THEREUPON the foregoing motion was introduced by Commissioner Plummer and seconded by Commissioner Reboso was passed and adopted by unanimous vote, 33 FEB 23 198 17 APPROA REau t POR FUMINGPRO4 QUALITY DP LtPt FUND FOR /UTE TO CULTUREin M tot %erte! take up item 17, The following resolution was introduced by Co fthissiotiet Gordon, who trotted its adoption: RESOLUTION No. 78-129 A RESOLUTION ALLOCATING THE Stink OP $2, 000 FROM THE SPECIAL QUALITY PROGRAMS - QUALITY OP L1PE PROGRAM - i,1ISCELLANEOUs ACCOUNT FOR THE PURPOSE Off' PARTLY bEPRAYING THE C0St BORNE BY THE BADE COUNTY cbUNCtt OP AM'S AND SCIENCES AND THE CULTURAL EXECUTIVES COUNCIL, INC. IN PRESENTING THEIR "SALUTE TO CULTURE" A PROGRAM OP OVER 40 FREE CULTURAL EVENTS THROUGHOUT THE COMMUNITY DURING THE PERIOD JANUARY 16 - FEBRUARY 19 ,19 7 8 . (Here follows body of resolution, omitted here and on file in the office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner R.se Gordon Commissioner (Rev.) Theodore I. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 18. SECOND READING ORDINANCE: AMEND SECTION 30-10 OF CITY CODE - ADD "OCCUPATIONAL LICENSE TRANSFER FEE OF $3.00." AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-10 OF THE CODE OF THE CITY OF MIAMI BY PROVIDING FOR A TRANSFER FEE OF $3 FOR THE TRANSFER OF ALL OCCUPATIONAL LICENSES, SUBJECT TO THE USUAL CONDITIONS FOR SUCH TRANSFER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 9, 1978, it was taken up for its second and final reading by title and adoption. On 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: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8756 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, 34 FEB 2 31978 19, SECOND READING ORDINANCE: AmEND SECTION 16-2 AND 16 OP THE CITY COI (ROTATION OF CHECKING ACCOUNTS, PRORATION OF TIME DEPOSITS FOR CITY'S RANKING SERVICE NEEDS. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 16-2 AND 16-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, IN THEIR ENTIRETY RELATING TO THE ROTATION OF CHECKING ACCOUNTS, THE PRORATION OF TIME DEPOSITS AND KIND OF SECURITY BY ESTABLISHING A COMPETITIVE BID BASIS FOR AWARD of THE CIT?'S BANKING SERVICE NEEDS FOR A CONTRACTUAL THREE-YEAR PERIOD, RESTRICTING INVESTMENTS TO BE PLACED ON A COMPETITIVE BID BASIS, AND CONTAINING A REPEALER CLAUSE AND A SEVERABILITY PROVISION AND CONTAINING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 9, 1978, it was 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 Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8757 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. 20. SECOND READING ORDINANCE: REPEAL ORDINANCE 8645 AND PROVIDE NEW CHAPTER 66 OF THE CITY CODE, LICENSE AND REGULATION OF ADULT MOTION PICTURE THEATRES, BOOKSTORES AND ESCORT SERVICES. AN ORDINANCE ENTITLED -- AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE 8645 AND PROVIDING FOR A NEW AHAPTER 66 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, PROVIDING THE LICENS- ING AND REGULATION OF ADULT MOTION PICTURE THEATERS, ADULT BOOK STORES AND ESCORT SERVICES, AMENDING LICENSE APPLICATION PROCEDURES THEREUNDER; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAIN- ING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 9, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the ordinance WAS thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev,) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Nanolo Reboso Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8758 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. 3 . SIC(I l READINGORDINANCE: REPEAL Stctf bN 16-5.5 oP THE CITY Cobs AND SASTITUTE NEw SECTION "ART IN PUBLIC PLACES Ct11I . „ Mayor 'ette : All right, I'll move 27. Mr. Pith er: Well, I'll second it again but I want to know that Rose is Satisfied that the new wording does exactly what she wants to see. I think she was right. hose, have you had the opportunity to read it? Mts. Gordon: It isn't exactly what I would have liked. I would have wanted, as I said the other day to be able to have the Commissioners with tore options. However, the majority of this Commission was satisfied so certainly I am not going to be the one to hold out but I would hope that the Manager be aware of the fact that my feelings are that we do have and should have the option and not just for the sake of hearing ourselves talk or for the sake of, you know, making some written memorandum but that it really be considered in it's light that if we are making the recommendation that we would like those persons appointed. Mr. Plummer: Let me tell you the option that I think is most important. That is, if they prefer five names that we can turn down all five names. Rev. Gibson: You can always turn them down. Mr. Plummer: That's right. That's a big one. Mr. Reboso: We have a motion and a second, fur:her discussion. Mayor Ferre: You've got to read the prdinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION :6-5.5 OF HE CODE OF THE CITY OF MIAMI, FLO,,IDA, W'HICP ESTABLISHED A CULTURAL ARTS ADVISORY COMMITTEE BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION RENAMING SAID COMMITTEE AND RE-ESTABLISHING THE SAME, DESCRIBING ITS STRUCTURE, MEMBERSHIP SELECTION PROCESS, AND TERMS OF COMMITTEE MEMBERSHIP, AND CONTAINING A REPEALER PROVISION ANI) A SEVERABILITY CLAUSE. Passed on its first reading by t1t1. at the meeting February 9, 1978, it was taken up for its second and final reading by title and adoption. On motion of Mayor Ferre, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8759 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. FEB 231978 Z. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF DRtAtING DEPOIVIT OF LEISURE SERVICES. !Mayor tette: Altight, take tip item 28. Rose? Mts. Gordon: 1 want to defer number 28. Mayoi Vette Alright, there is a motion to defer item 28. ltet►. Gibson: Second. Mayor Verret Gibson seconds, further discussion? Ca11 the roll. befer to the beat meeting item 28. Mt. Plumber: 1 vote no on the deferment. THEREUPON the foregoing motion to defer was introduced by Commissioner Gordon and second- ed by Commissioner Gibson c:a - passed and adopted by non -unanimous vot 23, EMERGENCY ORDINANCE: AMEND ORDINANCE 8691 - PROVIDE FOR OPERATION AND MAINTENANCE OF GUSMAN HALL/OLYMPIA BLDG, - PROVIDE CONTRIBUTION TO COVER DEFICIT, Mayor Ferre: Alright, take up item 29. The city Manager recommends, anybody want to move that one? Mr. Plummer: Well, I want to know what we art going to get back in return. If we subsidize $28,000... Mayor Ferre: No, more. Mr. Plummer: Excuse me, this year it's to cover a $29,000 deficit. Mayor Ferre: No, you are doing more because look at number 30. Rev. Gibson: Right. Mr. Plummer: Ok, what I'm getting at Mr. Mayor is this. Rev. Gibson: There is $7,000. Mr. Plummer: What I'm getting at is this we put up around $5,000,as I recall Mr. Grassietwhich basically goes to pay for those rentals which this Commission deems as the benefit of the citizens of this city. Mr. Grassie: $15,000, sir. Mr. Plummer: Alright, sir fine. Now, that's hard dollars we are putting up. Mr. Grassie: That's correct. Mr. Plummer: We are putting up hard dollars to cover them here in a deficit. I don't think that's fair. I think if we are going subsidize them for roughly $38,000 I think that should come from our account instead of us having to put up this money to subsidize their deficit and $15,000 that we put up to pay rental. I don't think that's right. Mr, Grassie: What we are tacking about right here is $29,000 for last year's budget through September of 77. So, really we don't have a lot of option about that. Now, if what you are suggesting is that we need to talk very seriously about the operation of that center with them, certainly we can do that. But, that will have to be for the future I don't think that it can apply to the past. Mr, Plummer: No, that's the long term. Mayor Ferre: It's also the short term,., L, W. Plummer; I'm talking about the short term, I'm talking about the $15,000 that 37 we put in our budget, hard dollars, to prt'• for r'.ntal. J think it should be subtracted from this. "Mayor Ferre: Look,,.. Mr. Grassie, i f I m.i'.'. J. L.. here is the Question. Mr. Gusman, turned over a facility to this comininity. Irntortunatelyl the way he did it he tied it to the Off -Street Parking Authority. Mr. Plummer: I understand. Mayor Ferret That wasn't our option that was hi,. decision... Mr. Plummer: That's right. Mayor Ferre: Because... Mr. Plummer: That was his prerogative. Mayor Ferre: It was his and at the meeting... I was after Mr. Gusman and Paul. Andrews for two years to get that facility. When Mr. Gusman finally considered and we had a meeting at Wometco, at the meeting were Hank Meyer--- and that was another violation of the Sunshine-- Mitchell Wolfson, Gusman and myself were at a meeting. And it was Hank Meyer who said "well, why don't we let the Off -Street Parking Authorities since it's so well -run and so on, actually run the theater? So, Mr. Gusman then said " ok, if you would accept that as a condition I vould then turn over the deed to you, ok?sand then there was a long discussion about a mortgage or something or other that he wanted. After we worked all that out finally he turned over the property free and clear. He made a gift of it, it's worth $5,000,000, we got a gift of it. Now, it has a condition and let me tell you what the problem is, the problem is J. L. now that we got that $5,000,000 thing is it of value to this community?� Now, I'm not telling you that it's the Metropolitan Operator it's Lincoln Center or Kennedy Center or any other center and we are not Vienna, Paris or London, but, on the otter hand, neither are we Naples or Sarasota, Florida. I mean, I would hope that we are a major city with the intentions of becoming even larger. Now, major cities need cultural things andtunfortunatelyt government has and tradition.il does whether it's Boston, whether it's the Bostor Pone or The Boston... you knew, you name it, these things are not self- sustaining. Now, the question is not who is going to pay for it, but how is it going to be run• Because'the who is us;/ like said "we have met the enemy and the enemy is us". Mr. Plummer: No, it's not. Mayor Ferre: And the question is that ' Ohinr we've got no choice at this stage. Mr. Plummer: Mr. Mayor, I appreciate your very fine oratory on the great aspects of Gusman Hall. But, Mr. Mayor, what you are saying is great philosophy, but it isn't reality. Now, what I'm saying to you is I agree, I have no choice in the matter, we have to pay the tab. But, the problem is... why? Mayor Ferre: For the same reason that the people of Dade County have got to pay for Jackson Memorial Hospital. Mr. Plummer: You are absolutely wrong. Mayor Ferre:...and for the same reason that you have to pay for the bus service. Mr, Plummer: You are absolutely wrong, ok? Now, I agree with you that we have no choice but to pay the deficit, but let me tell you something when the real reason comes to the surface you will understand. Rev. Gibson: J. L„ you remind me of that sang..... you will understand it better by and by,lthow you get to that point. Alright, let's go ahead, lir. Mayor, we will go ahead with this one and I'll vote for it now that you have told me why I'll go aheadtJ. L. But, we could send them a directive on that. (COMMENT MADE OFF THE PUBLIC RECORD) Rev. Gibson: Alright, I'm going to move this one with caution. Mayor tette: On this 29? Rev, Gibson: yes, I s m going to move this, Mayor Ferret Alright, who is going to second it - Mt, Reboso: Second, Mayor Ferre: Second by Reboso, further discussion on 29? Read the ordinance please, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8691, ADOPTED SEPTEMBER 8, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE OPERATION AND MAINTENANCE OP GUSMAN HALL AND THE OLYMPIA BUILDING FOR FISCAL YEAR 1977-78; FOR THE PURPOSE OF PROVIDING A CONTRIBUTION TO THE GUSMAN HALL AND OLYMTIA BUILDING BUDGET TO COVER A $29,422 OPERATING DEFICIT OF THAT FUND FOR THE YEAR ENDING SEPTEMBER 30, 1978; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Vas introduced by Commissioner Gibson and seconded by Vice -Mayor Reboso for adoption as an emergency measure and dispensing, with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Vice -Mayor Reboso, adopted said Ordinance by the following vote: AYES: NOES: None. Commissioner Rose Gordnn Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8760 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. 24+, EMERGENCY ORDINANCE: AMEND SECTION I OF ORDINANCE 8691 - APPROPRIATE $8, 577 TO GUSMAN HALL/OLYMPIA BLDG, FOR AD VALOREM TAX PAVMENt TO DAbE CTYI AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE WENDING , ECTION 1 OF ORDINANCE 8691. ADOPTED SFPTEii3ER 8, 1977, AS AMENDED, THE ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET EARRING FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978, FOR THE PURPOSE OF APPROPRIATING; 58,577 TO THE GUSMAN HALL AND OLYMPIA BUILDIN� BUDGET FOR AN AD VALOREM TAN PAYMENT 10 DADE COUNTY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE. OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gibson aid seconded by Commissioner Plummer for adoption as an emergency measure and dispensing witl the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev,) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A, Ferre NOES: None. Whereupon the Commission on motion of Gc mmissioner Gibson and seconded by Commissioner P]ummer, aLlopted said Or,_',innncf by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice L. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NC. 8761 The City Attorney read the ordinance into the public record and announced that copies were available to the mertl-'rr of the City Commission and to the public. 40 251 AMEND SECTIONS 2 AND 5 OF ORDINANCr. 01 (ANNUAL APPROPRIATIONS ORDINANCE)- 1NatAst APPROPRIAT1O1S TO DEPARTMENTS BUILDING & V IICLE PAINTEME AND COMMUTERS AND CCIIMUNICATICNS. AT OPbINA' CF FNTITLrr-_ AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDINANCE NO. 8731, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE POR THE FISCAL YEAR 1977-78; PROVIDING POR AN INCREASE IN INTRA- GOVERNMENTAL SERVICE FUNDS, BY INCREASING THE APPROPRIATIONS FOR THE DEPARTMENTS OF BUILDING AND VEHICLE MAINTENANCE BY $256,496 AND COMPUTERS AND COMMUNICATIONS BY $99,179, CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. Was introduced by Commissioner Gibson and sec ended by Commissioner Plummer for adoption as an emergency measure and dispensing with the requirements of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Plummer, adopter', raid Ordinance h•: the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. £7b2 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. 41 FEB 2 31978 26. EMERGENCY ORDINANCE: AMEND SEcn o s 2 5 OE ORDINANCE 8731 (ANNUAL APPROPRIATIONS O ) z INCREASE APPROPRIATIONS TO BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 \ND 5 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT IN AN AMOUNT OF $75,000; DECREASING THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT'S FUND BALANCE BY THE SAME AMOUNT; CONTAINING A REPEALER PROVISION :AND A SEVERABILITY CLAUSE; AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. Vas introduced by Commissioner Gibson and seconded by Commissioner Plummer for adoption as an emergency measure and dispensing with the requirements of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Menolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Plummer, adopted said Ordinance by the fbllowing-vote: AYES: Commissioner Rose Gordnn Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8763 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. 42 FEB 231978 27, A ci t $5)003 Arb $1, 000 EACH Pkom JOE AVAOLOS, JEROME D. YAN/ Ahi% MicwA . J, SAliviLs Pa C CONU` GROWs ►`.alit ARCHITECTURE PILOT PROJECT, Mr. Plufaimer: I'll second the motion, but let ine tell you, Mr. Grassie, signs don't Lost an awful lot of money and I have one of the TV stations who thought that they had really hit on a big investigation and that was, using City forces for the benefit of private enterprise and I would say to you that, in the future, for a couple of dollars for a sign which says why City forces are working on private property... Mayor 'erre: Good idea. Mr. Plummer: ... you can avoid a lot of people generating a lot of anger. Mr. Grassie: Very good point, Commissioner, a very good point. Mayor Ferre: And I'll tell you one thin, that we in this community have,... an awful lot of others I think we are missing, but in this community we have one thing that we are not short on and that is insurance lawyers and investigative reporters so, if you don't mind, I think that to avoid any problems... okay, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-130 A RESOLUTION ACCEPTING THE SUM OF $3,000 - $1,000 EACH FROM JOE AVOLOS, JEROME D. BRYANT, AND MICHAEL J. SAMUELS - TO BE USED TOGETHER WITH CITE' OF MIAMI RESOURCES TO EXECUTE A PRO- JECT CALLED "COCONUT GROVE'S PAINTED ARCHITEC- TURE - PILOT PROJECT"; ALLOCATING AN ADDITIONAL $3,000 FROM THE QUALITY OF LIFE PROGRAM; AND AUTHORIZING THE CIT"i MANAGER TO ENTER INTO AN AGREEMENT WITH THESE BUILDING OWNERS AND/OR LESSEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissions. Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Pev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 43 FEB 231978 ONMENDINO Crr EMPLOYEES WHO PART 1C 1 PAVED IN THE RECENT COCONUT GRONit ARTS FESTIVAL, rev. Gibson: Mt. Mayor, that tetinds Me., this is not the plate to say it but I think we ought to congtatulate the staff and all those 'people for the activity it the Grove this past Week.,, and I think one of the things we have to continue to do is to say to the people even though we 'pay their.. that we want to thank their for the good work put forth. Mr. Plummet: I want to put it in the form of n motion that those people from the City forces who were used in the Great Annual Art Shop+ that this City coii;<mends them for a very fine effort and have the Manager write a letter to each Department and congratulate them. Rev. Gibson: That would be the sense of my motion. Mayor Ferre: Moved by Father Gibson and second by Plummer, further discussion. call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 78-131 A MOTION EXTENDING A COMMENDATION FROM THE CITY COMMISSION TO ALL CITY EMPLOYEES WHO PARTICIPATED IN THE RECENT COCONUT GROVE ARTS FESTIVAL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Rose G3rdon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 44 FEB 2 31978 29. FIRST READING ORDINANCE: AMEND SECTIONS .l AND 5 OF ORDINANCE 8731 (ANNUAL APPROPRIATIONS ORS,)- Ir ,1sE SP:CIAL PROGRAMS AND, ACCOUNTS FOR COCONUT GROVE PAINTED ARCHI1ECURE - V1LOT PROJECT AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1'78, AS AMENDED, BY INCREASING THE APPROP UTATIO% FOR SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT OF S3,000: AND INCREASING ANTICIPATE) REVE':UES BY THE SAME AMOUNT; FOR THE PURPOSE OF FIN)ING "COCONUT GROVE'S PAINTED ARCHITECTUR: - PLOT PROJECT;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon, and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 30. EMERGENCY ORDINANCE: AMEND SECTION 1, ORD, 8719 - ESTABLISH TWO TRUST AGENCY FUNDS - "OUT OF SCHOOL YOUTH PROJECT" AND "TRESHOLD UNIT FOR PUBLIC SERVICE AIDES," AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 8719, ADOPTED OCTOBER 26, 1977, AS AMENDED, THE SUMMARY GRANT APPROPRIATION ORDINANCE, BY ES- TABLISHING TWO NEW TRUST AND AGENCY FUNDS AND ES- TABLISHING APPROPRIATIONS FOR THE OPERATION OF SAID FUNDS; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; CONTAINING A SEVERA- BILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SLtAittiTL DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. Was introduced by Commissioner Gordon an(' secon'°d by Commissioner Plummer for adoption as an emergency measure and dispensii,g with the requirement of reading same on two separate days, which was agreed t') by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gib:;on Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None, Whereupon the Commission on motion of Conunissioner Gordon and seconded by Commissioner Plummer, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L, Plummer, Jr. Commissioner (Rev,) Theodore R. Gib;on Vice -Mayor Mannlo Reboso NOES: None, SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO, 8764 The City Attorney read the ordinance int) the i'ublic record and announced that copies were available to the members of tie Ott:: Commission and to the public: 31+ FIRST READING ORDINANCE, AMEND SECTION 1632 or THE CITY CODE - PROVIDE FOR AUTHOR I I T I ON FOR SALE OF SURPLUS CITY PROPERTY, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 16-32 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STOCK REPORTS -SURPLUS STOGY" BY ADDING AN ADDITIONAL PARAGRAPH THERETO PROVID- ING FOR THE AUUTHORIZED SALE OF S JRPL1. S CIT't PERSONAL PROPERTY, INCLUDING VEHICLES AND EQUIP- MENT, TO ANY FOREIGN CITY ENJOYING A CURRENT FORMAL DESIGNATION AS A "SISTER CITY" AND PRESCRIBING CERTAIN PROCEDURES AND CRITERIA FOR SUCH SALE; AND CONTAINING A REPEALER. PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconIed by Vice -Mayor Reboso and passed on its first reading by title by the fo11o.Ang 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. 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. 32► DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTANCE OF BID: WESTERN DRAINAGE PROJECT E-42 (SEE LATER, THIS SAME MEETING), Mayor Ferre: Take up item 40. The Manager recommends. Moved by who? Rev. Gibson: Move. Mayor Ferre: Gibson. Second? Mr. Reboso: Second. Mayor Ferre: By Reboso, further discussion? Mr. Plummer: Further discussion, who is AM&J? Mayor Ferre: Alina, Maurice and J. L. Mr. Plummer: Years of experience, question mark? I; that the kind of business of people we deal with? Question mark? .Questionabl. people? Mayor Ferre: AM&J Corporation. Well, I tell you wh' AM... The A stands for Arthur Masenki and the J is for his wife Jean Masenki. Mr. Plummer: mark Who are they? i read here under number 3, years of experience, question Mr. Grassie: Mr. Parkes, will you answer the questi )n? Mr. Parkes: That was not readily available from the information that we had on his hid proposal. Mayor Ferre: Well, how can you bring it up to this Commission? Mr, Plummer; tow in the hell can you award $175,00C worth of goods and not know this about these contractors? No wonder you are in :ourt all of the time, 4C FEB 231978 `?r. Parkes: This same contactor had Drainage Project E-38 and E=40 fot $1704000 and S235,O0n job with the City of Miamitwith no problems whatsoever. Rev. Gibson: Well,... Mayor Ferre: Did they do that•for the City Mr. Parke-:? Mt. Parkes: Yes, sir they did that for the City-- drainage projects. Two people... (End of Statement did not get on the record.) Mayor Ferte: You are satisfied that they are qualified people? Mr. Parkes: Yes, sir. Mayor Ferre: Is there a bond requirement on this? Mr. Parkes: Yes, sir. Mayor Ferre: Do they have a bond? Mt. Parkes: They are licensed, they are bonded, they are... Mayor Ferre: And they have done two previous jobs? Mr. Parkes: Yes. Mayor Ferre: Well, then would you tell me why in the world would you submit this to the Commission? Where it says years of experience you put a question mark. Can't somebody get on the phone and ask Mr.Masenki or whatever his name is7. Mr. Plummer: Are they a local company? Mr. Parkes: This information will be in the bid documents in the future. We will get this information presented We did this in a hurry. to the Commissioners in a better form than this. Mr. Plummer: I move it he deferred. (COMMENT MADE OFF THE PUBLIC RECORD) Mr. Plummer: I move it be deferred. Rev. Gibson: Are you going to defer it until later on? Mayor Ferre: Alright, there is a motic.. by Plummer to defer item number 40, until this is properly submitted by the department with proper information. Mrs. Gordon: Well, all these others that we have... contracts. Mr. Plummer: I'm going to ask the same question on everyone of them, Rose. Mrs. Gordon: So, let's defer them all and let's get a background on each one, ok? Mayor Ferre: Well, wait a minute Rose. Mr. Plummer: I haven't. Mayor Ferre: We might have and I don't want to hold up the Wainwright Park Improvements and so on. Mrs, Gordon: Yes, but J. L. didn't want to hold up the sewer. Mayor Ferre: Well, ok, if we have a problem with 41 then we will do the same thing. But, in the meantime, we have a motion on 40, Seconded by Reboso to hold it up until it's clarified. Is there further discussion Call the ro11, Mrs, Gordon: Do you peed a motion? Are you just taking it up later? Mr, Plummer: Put it off for this afternoon, Mayor Ferre: Ok, put it off until this afternoon, Take up 41, AC TANCE IIIi WAINAIGRT PAJK IMFRov r is PHAst II, Mr. Plummer: Who's B&C? Mayor Ferre: Are these people experienced'--- previous.. Mrs . Gordon: I'll move i t . Mr. Rebose: Second, Mayor Ferre: There is a motion and a second. They are properly bonded and all of that?.. who's answering these questicns? Mr. Grassie: Bill, are you answering these questions? These are for you? Mr. Parkes: I'm sorry, which are the questions, please? Mayor Ferre: The questions are... have we had experience with these people before?.. I mean, I am not here talking just for the fun of it, have we had experience with these people before or haven't they worked for the City before and are they bonded? Mr. Parkes: They have had experienced, they have had two City HUD projects items 51 and 57 for $90,000 and they are licensed. they are properl;; 1icedsed with Metro, Miami License.. Mayor Ferre: So they are bonded. Mr. Parkes: They are bonded, yes, sir. Mayor Ferre: Okay, we have a motion and a second, further discussion, call the roll. The following resolution was introduced y Cormissioner. Gordon, who moved its adoption: RESOLUTION NO. 78-132 A RESOLUTION ACCEPTING THE BID OF B. & G. ELECTRIC, INC. IN THE PROPOSED AMOUNT OF $66,926.00 FOR WAINV:.IGr11 PARK IMPROVEMENTS - PHASE II; EXPENDING SAID AMOUNT FROM THE ACCOUNTS ENTITLED "PARKS AND RECREATIONAL FACILITIES G. 0. BOND FUND" AND "FEDERAL LAND AND WATER CONSERVATION FUND BUREAU OF OUTDOOR RECREATION" IN THE AMOUNT Or $66,926.00 TO COVER THE CONTRACT COST; EXPENDING FROM THE "PARKS AND RECREATIONAL FACILITIES G. 0. BOND FUND" THE AMOUNT OF $7,362.00 TO COVER THE COST OF PROJECT EXPENSE; EXPENDING FROM THE "PARKS AND RECREATIONAL FACILITIES G. 0. BOND FUND" THE AMOUNT OF $],338.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 4 FEB 231978 w. ACCEPT DID: fist FAIR ANotat Cetittu1 tr y Onsaintz Aft Timm., btpames (S uta. ) Mrs, Gordon: Where is the background on this one? Mayor Ferre: Met Construction, Inc, Mrs. Gordon: A newly formed company? Mr. Plummer: That's what it says. Mayor Terre: Well, you better explain that now. Where is Charlie Crompton? Isn't this the one where we had this union problem, and it's a union corporation with a nonW-union and that's why it's a newly formed company? Why don't you explain that Charlie? Mr. Crumpton: If you'll note on item # 8 , roman numeral `III, there is a sub -contractor, Convention Contractors, they are the union company, and they have gone with this particular company, a spin-off of Biscayne Construction, which is now the new company known as Met Construction, Mayor Ferre: In other words, Biscayne Construction, which is the people that do all the work over at Miami Beach. Isn't that the one that does all this stuff? Mr. Crumpton: They've done a lot. Mayor Ferre: And, this Met Construction, I don't mean Met, Convention Contractors is the union shop, right? Mr. Crumpton: Union shop, that's correct. Mayer Ferre: And, so these two guys got together and they agreed with the union as to how to do it all and all that kind of stuff. Mr. Crumpton: Right. Whenever they picked up bids they picked up bids individually and then they got together in the ensuing time and submitted a bid under the name of Met. Mayor Ferre: Alright. Mrs. Gordon: Isn't it important to have experience and....? Mr. Crompton: This, Construction Contractors, has great experience in this kind of activity and B3sca ne Construction, now the part that is Met, has great experience; they did all of the work for the Republic. . Convention, whenever they were here. Mrs. Gordon: Met Construction did. Mr. Crumpton: Biscayne Construction. Mrs. Gordon: Well, what has Biscayne got to do with Met, the newly formed..? Mayor Ferre: Now, now look... He didn't explain it right. Rose. there was a union problem, ok, and what happened was that a union company and a non- union company got together and submitted a bid, to do that they formed a new corporation called Met Construction. The two people that got together were Biscayne Construction and Convention Contractors, both experienced, they worked out their problems with the union and they submitted a bid which was $70,000 below the next bid, that's what it... Mr. Plummer: Well how much... Mayor Ferre: And the next bidder, besides' being $70,000 - $75,000 higher, did not give us a bid bond, is that right? Mr. Crumpton; That's correct. 49 FEB 2 31978 '•.r Gordon: Is. this ar of t.>r the _ ` Are t; already working the ..r. ..run ;:'ton "o rdC)r:. Ther, w'1'l i we're lr: i : r :.fv i.nFt7 what you've already done. Mayor Ferre : Wen, it x;.', it r7 t' is h r•, in item 42. it says con:irrnin and ratifying the act :n th- City Manager in accepting the bid and executing a contract. Mir. t'i.url:: r. How many people were asked '.o bid? Crumpton: There were ix people that inquired and received the Lid documents and looked at it and only two submitted. Mr. 1u,,.:,: : Did you send cut bid documents to businesses that arc est,,,blished in this b'1:...ii oas . Mr. Plummer: How many did you _Fend out: .i'. :': uri,i:t,')r,: inere in _ `c there: that are involved Set Mrs. , 117:w they gem. and ":It'.r did..'t. . L weren't in the business . ne an r..cr, d the Lid. . t='_"?'._ . . _.:. t a..;1...,. _ .. , wait a ..._.iiJ , that's not the question. i5 i t:.4'r Ec.t it. The:, of it because .t was :._. yn _ ._ fir',._. _ n and it .:a.. rent to Convention Contractors. of the six. that right? '':._ . ion. of th. six that didn't submit bids to �`o, > >. 1 oi'r.ted a new corpc,23"_ _27n and brought you a bid, correct': Mr. Crumpton: 7'h- twc that picked them up individually, Biscayne L onstr:lction and Convention Contractors, they decided not to bid it indivi ually, they dr,ci i 7:c ro together and make one bid, rather than two .separate b.is. Mrs. Gordon: The two companies merged then. Crumpton: They formed a company :,e„•,I; a; Met Construction for thls }.articular purpose, yes. ';r s . :::rdon : I :' s not a merger of two MI. Crumpton: No, no. Mrs. Gordon: Tt' s just for this job. corupa:iies . Mr. Cl umpton: It's a joint venture. Mr. Plummer: Well, that's not the way it reads Charlie, because if you read item #B, it says that t.'onvcnti 3n Contractor is a cub -contractor, w!lieh is not in fact the cas: . Mr. Crumpton: As to the legality of how they have put themselves together to do this job, thee:,' have joined together as a ,contractor / sub-contrac for to do the job, Mr (orlon :T' •ve got to understand r.!: and then we'll go ahead. One is a non -union, one is a union, is that correct? Mr. Crumpton: That's correct. 50 FEB 231©78 • Mrs. Gordon: Is the subcontractor, Convention Contractor, a non=union? Mr, Crumpton: He is the union. Cone-,-.etion Contractors is a union organization. Mrs, Gordon: Then why in God's name,can you explain it to me? Why would they want to come in as a sub -contractor and not bid direct? That doesn't make sense. I didn't inquire that of them, that was their business. Mr. Crumpton: Mrs. Gordon: Yes, but there's something Mr. Plummer: Flow many letters were sent out? Mr. Crumpton: We had six letters sent out, the six that had expressed an interest back in August and we had put advertisements in all of the newspapers. Mr. Plummer: That's not the way, Mr. Crumpton, we play the game around here. Now,“ you are going to play the game let's be consistent. Most of the bids we send out letters to people in that industry asking them would they be interested in submitting a proposal. Now,if that's the general rule of thumb, why didn't we follow it here? I'm asking, you know, Charlie, let me tell you. I don't know about this business. Mr. Crumpton: Well, there are generally 86, we usually have about 86 organizations that you send things to every time you have a construction contract. Mr. Plummer: My problem here, I happen to know that one of the largest companies in this community is Spaulding Display, and I don't even see there making a bid, now all I want to know did the company who is the largest and (I won't say finest), but supposedly one of the largest, were they asked to bid? Mr. Crumpton: I can't give you a specific answer to that standing right here. Mrs. Gordon: Well, who does have an answer to that? 10 Mr. Plummer: I been telling you'all this, nobody wants to listen. Mrs. Gordon: Who has an answer o it Charlie? If you don't have the answer who does? Mr. Plummer: .... it's not in the bids, it's the way you issue specs. I can cut a man in or I can cut a man out through the specs. Now I'm not inferring any wrongdoing, don't anybody take me wrong. What I'm saying to you is this Commission who must put the final approval on any contract never has any participation in writing the specifications. They never see what goes in the specifications, but yet when they come back in we are asked to pass final judgment. Now I'm going to remind you again, Father, I'm on a different area and a different time, but I'm going to show you the glaring example when this city went to buy motorcycles, ok , they issued a set of specs and a friend of mine called me who I didn't even know was in the business, and he said what kind of an idiot do you think I am? (- said what are you talking about: He said, I sell motorcycles that are used all over the country for police departments. I said, well why don't you bid? He said, because the specs were taken out of the back of one manufacturer and only that manufacturer could make a bid. Now you take it from there baby . Andl also want to remind Vou that two weeks ago by a resolution from this Commission you dissolved one of the committees who had been inactive called the Specifications Committee and you dissolved it,and now we have no committee at all. Mrs. Gordon: Were they operating before J. i,.,.? Mr. Plummer; No ,it was inactive they dissolved it, which to me, _You know 1 51 FEB 2 1978 look., ;you read these specs as I do and 1 takf: the time to read the,-rt. Yol }snow, corllpaniea today because of har.l dollars are more compE.titi';e than in good times, and when I look, at a specification and it tells me..•use the one in question,there ie a 76,f00 difference betwEen the two bids. Now I'm not a mathematician. Mr, (Irassie, what'' that, roughly 30, 40 o difference in the two bi'is? Mr. Grassie: Yes, Mr, Plummer: And, you know, either... those people are either trying to tell me something or. I'm not smart enough to listen. You knnwj when people here in this community and you pick up the papers and you read that people have no jobs, dollars are short, and you tell me that with six companies only two would take the time to bid, and the difference between the two is 400, 30%? Mrs. Gordon: I also find on this,J. L.,which I don't understani if it's being considered a bid, why it says a non -bona fide bidder? Mr. Plummer: Well,' can understand than. Rose, but if he's not bona fide why ever, put it on the piece of paper? Mrs. Gordon: That's exactly what I mean by it. Mr. Plummer: I tried to bring that out to you a month ago, that if a man doesn't meet the specification:',he don't meet them. Mrs. Gordon: And, why put it on here at all Charlie? If it's a non -bona fide bidder why did you put .t down? Mr. Plummer: Put it on 3 separate piec... paper, I'll tell you, that's the answer. Mr. Grassie: Well, I haven't reviewed that Commissioner with the staff, but in terms of trying to get to you full information, I think that really you do want to knew about bidders, even though they do not meet basic requirements. In other words, I don't think that we want to .e in the position of g ving you a partial list of those who submitted bids. We should give you a full list and we should indicate to you that some of the people who have apparently put in a bid have put in a non -responsive bid, an incomplete bid, or simply, you know, a bid that is not adequate for us in terms of the basic qualifications, but you should }:now that they put in a bid.... Mr. Plummer: Mr. Grassie, let me tell yoL, do you want to know how simple that is to overcome? oh? Very simpe, you give us two sheets of paper. The first one says that these Ere the bidders who met all of the specifications including the bonding, then you give us a second sheet of paper which is title:,, these people bid but did not meet specifications and were :et nsidered, and then we've got all of the information. It's just that simple. Mr. Grassie: Alright, and you're bringing up a question of format that may be easier for you to use and .. I think that the questions that you're really asking,Commissioner,are basic to the process and I think that we need to take a look at al:_ our processes as they result in specifications. I think you ma}:e a good point. Mayor Ferre: Alright, in the meantime what are we going to do about this Trade Fair of the Americas ttii:.g? Rey, Gibson Mrs. Gordon: Rev. Gibson; you know.,. Mayor Ferre; Mr, Manager you're telling us on this Commission that you recommend this, you think everything is alright, you don't have any questions about the matter and the way it is now? Well if the man is working, you know It's after the fact now, After the fact and you don't have that much more time, 52 FEB2 f7 Mrs, Gordon: Can we let this one go until this afternoon please Mr. Mayor? Mayor Fevre: Yes we can let it go ',Incl... this afternoon, Mr, Grassie: But, you know... Mayor Ferre: Mr. Grassie? Mr. Grassie: To answer your question I feel that I'm a little bit in the same position you're in, but yes I have to... Mayor Ferre: Let me tell you something I'm not going to stick my neck out unless.... Mr. Grassie: T am recommending to you, Mr. Mayor and members of the City Commission, that we do approve this, yes. Mrs. Gordon: We'll do it after lunch. Mr, Grassie: I have that recommendation from the staff and I'm recommending it. Mr. Plummer: Mr. Mayor, just for the record, and I'll be brief. I've raised the questions, I'll put them on the record once again. I have no qualms about voting for this. We have to vote fol. Lhis. The Manager, as our representative, has obliFate3 this Commission and we must follow through, or we'll be In c.urt. 53 FEB 231978 351 ACCEPT it PRISONER PROCESSING AREA itICA1IoNs VMPD, Mayor Terre: Alright, take up item 43..,., any problems on that one? Mr. Plummer: Who is the company?., Deconco? Mayor Ferre: The only reason that I'm trying to do this, is to try to shorten our afternoon session... Mr. Pluttmer: I agree, I'm all in favor. Mayor Ferret .., so we won't be here all day. Rev. Gibson: What? Mayor Ferre: Item 43,.. Deconco. Well, I think he has got great experience,... he did Scott's Chicken Take Home Restaurant. Mr. Plummer: What? Mayor Ferre: I'm being facetious. Is there a motion on it for nine thousand dollars?/ ...the Manager recommends. Rev. Gibson: Well, I move it. Mayor Ferre: On item 43,... Gibson moves... Plummer are you seconding it? Mr. Plummer: yes. Mayor Ferre: Plummer, seconds, further discussion on 43, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-133 A RESOLUTION ACCE.^T1NG THE BID OF DECONCO, INC. IN THE AMOUNT OF $9,050.00 FOR MMPD - PRISONER PROCESSING AREA MODIFICATIONS FROM THE ACCOUNT ENTITLED "POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND"; ALLOCATING THE AMOUNT OF $9,n50.00; AND AUTHORIZING THE CIT'i' MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Manolo Reboso J$ FEB 231978 6. ACCEPT BID: ELECTRONIC EQUIPMENT FOR ACCURATE INFORMATION MESS GE PROJECT - Mayot Ferre: Alright, take up item 44, electronic equipment for accurate information message project... what the heck is that?... United Recording Plectronics industries. Mr. piuttmer: Well, this is a system they hope will work. Mayor Ferret This is the LEAA Grant, are there any questions about this outfit? Mr. Plummer: Do we have any background on this outfit, Mr. Grassie? Mr. Grassie: Yes, we do, as I understand it this is a sole supplier, Commissioner` and their credibility and their validity as a sole supplier, has been certified to us by the State of Florida. The third page in your document there... Mayor Ferre: Also, recommended by Howard Hughes. Mr. Grassie: ... gives you that special conditions certification. Mayor Ferre: Plummer troves. Mr. Plummer: Yes. Rev. Gibson: Second. Mayor Ferre: Gibson, seconds, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-134 A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF ELECTRONIC EQUIPMENT FOR AN ACCURATE INFORMATION MESSAGE PROJECT FOR THE DEPARTMENT OF POLICE AND ACCEPTING THE BID OF UNITED RECORDING ELECTRONICS INDUSTRIES AT A TOTAL COST OF $20,000.00; ALLOCATING FUNDS FROM LEAA GRANT NO. 77-A4-15- AE01; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body 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. Plumper, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A, Ferre NOES: None ABSENT: Vice -Mayor Manolo Reboso 5 FEB 231978 37. ACCEPT AID; Etcrr (80) AUTOMOBILES CITY-WIDE, Mayor Terre: Rev. Gibson: Mayor Perre: Mr. Plummer: to Mr. Cox? Item 45f4, tots that's a straight bid thing, right/ Move. Alright, Cibson, moves, is there a second?.,. the Manager recommends, The only question that I had.. Mr, Cox, or Mr. Gtassie through you The reason for three companies vere these three types of vehicles? Mr. Cox: Yes, sir. There are police units, compact units and some trucks. Mr. Plummer: Mayor Ferre: Rev. Gibson: That's my only question. Further discussion,.. has it been moved? Yes. Mr. Ongie: Yes, Father Gibson moved it, nobody second it yet. Mr. Plummer: Mayor Ferre: I second. Plummer, seconds 45, further discussion, call the roll, The following resolution was introduced bi Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-135 A RESOLUTION ACCEPTING THE BID OF NORTHSIDE MOTORS, INC. FOR FURNISHING EIGHTY AUTOMOBILIES AT A COST OF $367,975.68, THE BID OF BOB DANCE DODGE FOR FURNISHING SEVEN PICK-UP TRUCKS AT A COST OF $30,707.67, THE BID OF MUNROE-ZEDER CHRYSLER PLYMOUTH, INC. FOR TWO AUTOMOBILES AT A COST OF $9,979.88, AT A TOTAL COST OF $408,663.23; ALLOCATING $277,389.61 FROM MOTOR POOL REPLACEMENT (REVENUE SHARING); $75,000.00 FROM MOTOR POOL (RETAINED EARNINGS TRANSFER); $8,547.28 FROM HUMAN RESOURCES (CETA); $17,094.56 FROM PARKS DESIGN (PARKS FOR PEOPLE BOND); $4,273.64 FROM COM- MUNITY AFFAIRS, FEDERAL REVENUE SHARING; $4,273.64 FROM RISK MANAGEMENT (SELF-INSURANCE TRUST); $22,084.50 FROM FIRE DEPARTMENT (CAPITAL IMPROVEMENT ORDINANCE 8745); AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manoln Reboso Mayor Maurice A, Ferre 56 FEB 23197E 381 ACCEPT EID: FOLDINO PARTITION FOR AR ii` 114 OF ANNEITE. Eiseatm TEEN MayorTerre: Alright, take up item 48. Mr, yiumMet: What about 47? Mayor Perre: 47, was withdrawn. Why, was 47 withdraws? Mr. Crassie: Because we had put it on the agenda, Mr. Mayor, in anticipation of trying to move that project forward, we think that ve have enough time, ve don't want to get in the business of awarding bids before you see theta unless we absolutely have to. So, that's why we are taking it out. Mayor Perre: Ok, I understand. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-136 A RESOLUTION ACCEPTING THE BID OF MODERNFOLD OF MIAMI, INC. FOR FURNISHING A FOLDING PARTITION FOR THE AUDITORIUM OF THE ANNETTE EISENBERG TEEN CENTER IN EDISON PARK FOR THE PARKS DEPARTMENT AT A TOTAL COST OF $11,069; ALLOCATING FUNDS FROM THE 2ND YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, 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 1 7 S, D t u#re TERN NESTING AREA AT VIRGINIA KEY, Mayor Ferret Fake up 48 then,... tern nesting areas, you don't have any problems with that, do you? M. Plummer: Well, the only problem is... Mayor Ferret Who could be against tern nesting area!? Mr. Plummer: bid you read in which there is a problem as far as future projects of the City in developing that property? That's what concerns me. Mr. Grimm: Actually, Commissioner, the relocation Df the tern testing area to where it's shown on the map,... I'm trying not to stile, is to avoid that problem. They have been nesting north of the treatment plant... Plummer: We are encouraging them to come over. Mr. Grimm: ...we are preparing to dump 600,000 yards of material in that area and what we are going to do is try to force the birds to do their thing someplace else, Mayor Ferre: So much for you, Plummer. Mr. Plummer: I don't want any more. Mayor Ferre: Plummer, moves the terns nesting area, the City Manager recommends and Reboso, seconds the terns nesting area. Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: truism. One good tern, deserves another. That's the way it goes, one good tern. deserves another. Get to 600,000 yards of dirt. That's called another Plummer, truism Call the roll on the Plummer. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-137 A RESOLUTION DESIGNATING AN ARIA ON VIRGINIA KEY AS A LEAST TERN SANCTUARY FOR THE CLRRENT NESTING PERIOD AND CONDITIONALLIALLOWING SITE WORK IN CONNECTION THEREWITH TO BE DONE BY THE 84] ST ENGINEERING BATTALION, U.S. ARMY RESERVE. (Here follows body of resolution, omitted here and on file in the Office of the City Cleik). Upon being seconded by Vice -Mayor Reboso, the resolution was passed adopted by the following vote: AYES: NOES: None Commissioner J. L. Plurmer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Rebo; o Mayor Maurice A. Ferre and 58 NOES: None. ABSENT; Vice -Mayor Manolo Reboso BIDS WERE RECEIVED FROM TKE FOLLOWING FIRM Sullivan Long 6 Asgerty SAC Construction Inc. Goodwin Inc. Interoounty Construction Corp. gb.s F. Smith 6 Sons Inc. 4laSot ette: Alright, ladies and gentleman, here is whete.Me etabd. We y+et beep to do items lumbet 18, 19, 20, and 21,... items 22, and 23,... iteis 350 36, 3/, 40, and 42. Mt. 1iu►et: Mayor Fette: Mr. P1uer : No, we did 37. We did 37? Yes. Mayor Ferre: Wait a minute, we did 37, but we haven't done SE? Mr. Plummer: 35, 36, and 37. Mayor Ferre: ... ok, I understand,... 40, 42, and that's it. Mrs. Gordon: We didn't do 43, Mr. Mayor. Mayor Ferre: No,... we did 41? Mrs. Gordon: Yes, we did? Mayor Ferre: Yes, we did. Mr. Plummer: Which one? Mayor Ferre: Wainwright Park. Rev. Gibson: That's right. Mr. Plummer: Yes, we did 42. Mr. Grassier I believe we did 42, finally, Mayor. Mayor Ferre: Nc, we did not, Mrs. Gordon asked that it be delayed... Mrs. Gordon: I asked that it be delayed. Mr. Plummer: 42, no, we did not do it: Mr. Ongie: It was deferred until later in the day.. Mayor Ferre: Are we in agreement now? I'll see you at 2:00 o'clock. Rev. Gibson: Alright. '40. RECEIVE SEALED BIDS - AULAPA. TM 1 SANITARY SEWER INPDJF!'tN'T - SR-5433-C, This being the date and ti..ie advertises; twr receiving sealed bids for Allapattah Sanitary Sewer Improvement, the Mayor announced that the City Commission vas now ready to receive sealed bids: The following motion vas introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-138 A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: ALLAPATTAH SANITARY SEWER IMPROVEMENT. Upon being seconded by Commissioner Gibson, the motion adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev,) Theodore R. Mayor Maurice A. Ferre 59 was passed and Gibson FEB 231978 r NAMES) CERTIFICATES OC CIATI N AND SPECIAL IT , Presentation of retirement plaque to Mr. Walter J. Miohals, building Department, upon his retirement after over 19 year% of service with the City of Miami. Presentation of Hungarian Freedom Day proclamation to the Rev. John Paul Nagy. Presentation of Red Cross Month proclamation to Mr. Anibal Irastarza, Assistant Manager of the South Florida Division, and to Ms. Louis naval and Dorothy O'Keeffe. Presentation of a Commendation to the Coconut Grove Art Association for its outstanding effort on behalf of the 15th Annual Coconut Grove Art Festival. Glenn Wiggins, Association President and Maysie Bellar, Executive Director of the Festival, are here to accept the Commendation. Presentation of Kelly Week proclamation to Jane Ranger, Resident Manager of Kelly Services. During Kelly Week, March 13-19, each Kelly office throughout the nation celebrates Kelly Week throught charitable activities. Presentation of Keep Your Guard Up Month proclamation to Major Edward C. Steele, Florida National Guard. Presentation of St. John the Baptist Armenian Apostolic Church Day proclamation to the Rev. Guregh Kalfayan. Presentation of Alcoholism Awareness Week proclamati.on to Angela Ehrlich, Community Education Director, and Jack Collins, Chairman Dade County Council. Presentation of Plaques to Department of Police personnel upon their retirement: A. J. McLaughlin, Major - 29 years R. E. Potter, Jr., Hon. Lt. - 26 years Presentation of Plaques to Dep:+rtment of Fire personnel upon their retirement: F. A. Curry - 26 years G. P. Naples - 25 years M. R. Loveland - 27 years W. F. Young - 26 years W. i, Codwin, Lt. - 26 years J. L. Hutcheson - 28 years W. E. Vargo - 29 years H. R. Levitan, Cpt.-28 years R. L. Evans, Lt. - 30 years J. L. Hinnant - 29 years 60 42 * ElvtRGEICY I NA 4CE : AMENb 0R I NANOE 8731 (ANNUAL APP OPiZ i A ' i C NS i NANct) INCREASE REVENUES EOk $ 75 01 FROM DA''OUNTY SCHOOL BOARD Mayor Ferre: Oki we ate back it session now and we ate going to take up where we left off this morning,.. the following of the items that we can take up at this tithe if we ate ready. We have already done i.tein Number 18. Mr. Plummer: Excuse ine, what Mr. Mayor? Mayor Ferre: We have 15 to do, but Knox is still not here. Mr. Plummer: Correct, so we will put it over for two weeks. Mayor Ferre: We have done 18,... we have done 19 and 20. Mr. Plummer: Right. Mayor Ferre: Ron Lieberman, is not here, we have got to wait until 2:45 for 22 and for 23. Mr, Plummer: Well, wait a minute, Mr. Mayor, this one on the school board has now been changed,... it's been revised and it is now in order and I will be happy to move it,.. number 35. Mayor Ferre: We are now on item Number 35, City Manager recommends, Mr. Plummer: I move. Mayor Ferre: ...Plummer, moves, is there a second? Mr. Plummer: lt's been changed and I now agree. Mrs. Gordon: 3. L., what is the change you are referring to Mr. Plummer: Rose, it now reads that as amended by appropriating the $175,000 reimbursement for the school resource officer program from the Dade County School Board, which is in fact the truth. Mrs. Gordon: I don't have the new one, where is it? Mr. Plummer: It's marked 35 revised. Mayor Ferre: Ok, we have a motion,... 'Pls.:, are you satisfied now? Mrs. Gordon: Oh, but that doesn't change the use of the funds now. Mayor Ferre: No, of course not. Mrs. Gordon: Oh, ok, alright. It's ok. Mr. Plummer: It the county school board is saying that they are subsidizing our social program. Mrs- Gordon: Yes, that's ok,.. I agree, I think you have a good point. Mayor Ferre: Is there a second to the motion now as revised? Mrs. Gordon: Yes,... it doesn't change the wav we are going to use,,. Mayor Ferre: Rose Gordon, seconds the motion, further discussion on item 35, read the ordinance, please. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION, 1 AND 5 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAI. YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY APPROPRIATIING A $175,000 REIMBURSEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FROM THE DADE COUNTY SCHOOL BOARD, BY APPROPRIATING S33,511 FROM THE 1976-77 1EbERAL REVENUE SHARING FUND BALANCE, BY DECREASING THE DALLAS PARK ENTERPRISE FUND - CONTRIBUTION FROM GENERAL FUND BY $16,423; BY DECREASING SPECIAL PROGRAMS AN1) ACCOUNTS, JUDGEMENTS AND LOSSES BY $116,172; BY IN= CREASING SPECIAL PROGRAMS AND ACCOUNTS, SOCIAL SERVICE PROGRAMS IN THE FOREGOING AMOUNTS FOR A TOTAL OF $341,106, FOR THE PURPOSE OF FUNDING SOCIAL SERVICE PROGRAMS; CON- TAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre None. NOES: SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8765 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. FEB 231978 • Mayor Ferre: Alright, take up item Number revenue sharing for social services. Mt. Plummer: Mr. Mayor, on 36... now I'll we still have a commitment to the Accion.. ATE $50, 000 roR ODOONUT Glut FAM L Y CLINIC AND $17 000 FOR N I CKY CRUZ OUCI_AO PROM FEDERAL REVENUE SHARING FUNDS 36, the allocation froth the federal move 36, but I want to tell you that . what's the name of the program? Mayor Ferre: Accion. Plummer: ... Now, I'm not going to holdup these two from funding and I'll move 36, but we immediately must talk after that about the one that this Commission commitment. Mayor Ferre: I'll recognize you then after to on that. to make a separate motion if you want Mr. Plummer: Ok. Mayor Ferre: Alright, in the meantime, we are moving on item 36. Is them a second? Mrs. Gordon: Isn't 36 already taken care of in the backup material? Mayor Ferre: No. Mr. Plummer: Well, Rose, I think... Mr. Grassie: It is covered in the same material, yes, Commissioner, but it takes two resolutions. Mayor Ferre: Alright, it's been moved by Plummer, seconded by Reboso, further discussion on item 36, call the roll,., it's a resolution. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-139 A RESOLUTION APPROVING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $47,000, FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS - FEDERAL REVENUE SHARING ALLOCATION, SOCIAL SERVICE PROGRAMS, FOR THE ADDITIONAL FUNDING TO BE PROVIDED TO COCONUT GROVE FAMILY CLINIC, ($30,000) AND NICKY CRUZ OUT- REACH OF FLORIDA, INC. ($17,000) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978. (Here follows body of resolution, omitted here and in the Office of the City Clerk). on file Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES; NOES; None, Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre c3 FEB 231978 44i DISCUSSION OF ADDITIONAL FUNDING FOR ACCIOE C WUNIn CENTER. Mayor Fevre: Alright, Plummer, Mt. Plum er: Mr. Mayor, I make a motion at this time that we instruct the administration to find the funds to live up to the commitment of this Commission made to Accion in the amount of $ 30, 000 . Mayor Ferre: Is there a second? Is there a second to the motion? Mts. Gordon: I'll second it if I may ask a question first. Mayor Ferre: Alright, Mrs. Gordon: Would you answer my question with regards to the memorandum that describes the three CETA positions as solving the problem? Mr. Grassie: That's correct. But, that wasn't the question that I thought you were asking, but the answer to the question you've asked now is yes, there is a memorandum in your package that does describe the use of CETA for three positions as being an agreed upon solution with this program. Mrs. Gordon: Ok, J.L.. iF that what you are referring to? Mr. Plummer: Excuse tne, Mr. Albo is here and said that that is not an agreement with him. You know, I was told this morning when I walked intthat everything was straightened out and everything was fine and really that was good music to my ears. And now Mr. Albo tells me that that is not the case. So, that's the reason that I said... Mayor Ferre: Is Rob Parkins here? Mr. Grassie: Yes Mayor Perre: Rob, do you want to address yourself to the problem? Mr. Parkins: Yes, the memorandum very clearly addresses it. We met with Mr. Octavio Blanco and Mrs. Albo discussed the three CETA positions and the recognized need for the 30 day layoff period, two weeks of which had already expired and it was our understanding that that was agreed. Mr. Albo: Well, I agreed to make a commitment that three CETA positions... take 30 days layoff, you know. How are the people going to live? Mayor Ferre: You see the problem is, you know, how do those people eat with 30 days in which they are not going to be paid. Mr. Grassie: Now, as I understand Mr. Mayor, the people who are involved,not Mr. Albo, but the people who are involved are t:c ones who were consulted and they are the ones who agreed to it. Now,... Mr. Albo: The boys... I want the same that was done for Nicky Cruz and for the others ....the money is better... Mr. Plummer: Well, you know, all I'm saying is, Mr. Mayorithat this Commission made a commitment and I think that we have to live up to that commitment and inasmuch as we might have to bite the bullet, you know, we've got to bite it. Now, I'm just telling the administration to live up to the City Commission's commitment. And I was informed this morning,"yes' everything was smoothed out and everything was taken care of Mr. Albo brings to my attention that in his estimation it's not the case. Mr. Grassie: Well, Commissioner I suggest to you that Mr. Albo is not the person involved. Now, the staff has worked with the people in that program. Mayor Verse: Wait a minute Mr. Grassie, technically I think that's correct. It is not Mr. Albo who is involved, it's Iles. Albo and perhaps Mrs. Albo is the one that should be here, but the problem exists nevertheless. (INAUDIBLE RESPONSE OFF THE RECQRP) Mayor Ferre; You what? 64 FEB 221978 t. Albo l tepresent the "liga" at the Action Co 'a►uttity Cetttet e Mt. P1u er: Well, let at ask you this quesral. std in ail deference to by good friend he tan that was here before who pre was Octavio. is ittevio available to torte here? Mr. Albo t He is sitk today. Wait, wait, right over here it's increased S1ft,000 for Coconut Grove Family and $17,000 for Nickv Grti;. what is the diffei—ehpe if you increase it $30,000 for Action Community Center: Mt. Plummer: Veil, the difference is, Lazaro, that they had to dig and dig deep to find this. Mr. Albo: Mr. Parkins he said that _Airport.. with a CRtA lI and these people stay 30 days off the job. You need to wait for the... CETA is sending so many people over there. Mr. Parkins: No, be is mixing...some of the Title VI contracts expire March 31, those with the...if they are to be extended they would be extended effective April lst, be is mixing two situations up. Mr. Plummer: Well, the question is Rob, did you have a full understanding with Mr. Blanco and with Mrs. Albo? Mr. Parkins: Yes. to our understanding we did. ( mmiRsinner. Mr. Plummer: Vets, all right, the next question, who is the Director of the Program? Mr. Parkins: Mrs. Albo is tine Director of the program. Mayor Ferre: What's the telephone number at Action? (INAti'DIBLE RESPONSE OFF THE RECORD) Mr. Plummer: Well, might I suggest?..Are you calling her and asking her to come down here? Mayor Ferre: Yes. Mrs. Gordon: Who Mr. Plummer: Mrs. Albo, who is the Director. I'll hold my motion. Mrs. Gordon: Okay. 45. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 4, ARTICLE III, CHAPTER 43 OF THE CITY CODE - PROVIDE FOR AUTHORIZATION TO SELL CERTAIN UNCLAIMED PROPERTY INCLUDING VEHICLES, Mayor Ferre; Plummer is this the one you had trouble with at the beginning? Mr. Plummer: Yes, Sir, it is now correct. Mr. Mayor, I move 38. Rev. Gibson: Second. Mayor Terre: A11 right, we have a motion on item....now, you'll take back your motion and your second on the other one... until she can get here? Mr. Plummer: I will just hold it until she can get here. Mayor Ferre: A11 right, we are now on item 38, there is a motion by J. L. Plummer on an ordinance as revised, second by Gibson, further discussion, read the Ordinance please, Mr, Plummer: May I inquire,Mx. Mayor, of $r. City Attorney, there is an urgent Reed, cap this be aade an emergency item or waiving of the 30 day requirement, cars that be done? (INAUDIBLE BACKGROUND COMMENT OFT THE RECORD) MT, Plummer; All right, fir, Mayor, may 1 taove this as an emergency ordinance for first and second reading both today? Mr, Grassie; Not as an emergency Commissioner but as an ordinance which will be read both on first and second reading today. FEB 231978 Mr. Plutmet: All tight, I Bove it that way. Mayor Fette: All right) there is a motion, seconded by Gibson, furthet discussion, toad the ordinance.: AN ORDINANCE: ENTITLED AN ORDINANCE AMENDING SECTION 24 or ARTICLE III, "LOST, CAPTURED, ABANDONED) STOLEN OR WRECKED PERSONAL PROPERTY," CHAPTER 43, "POLICE," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR THE AUTHORIZATION OF THE CITY MANAGER TO DISPOSE OF OR SELL CERTAIN UNCLAIMED PROPERTY, INCLUDING VEHICLES, SEIZED UNDER THE PROVISIONS OF THE HEREIN ARTICLE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8766 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 46, ACCEPT BID: WESTERN DRAINAGE PROJECT / E-4. Mayor Ferre: We are now on item 40 which is a Resolution for the Western Drainage Project on 27th Avenue and 8th St. in westerly City limits, and that was the A.M.J. Corporation but we had some questions this morning about the A.M.J. Corporation. Have they been sufficiently worked out? Mr. Grassie: Mr. Parkes is here to answer those questions, Mr. Mayor. Mr. Parkes: I have a revised fact sheet I would like to hand you on that. Mayor Ferre: All right, Mr. Parkes, thank you, Mr. Plummer; Why don't you tell us how many years they have been in business? That is the only thing that was in question. Mr, Parkes: We tried to contact the A.M,J, several times and we finally got through to them at lunch time, Four and a half years of experience. They have done two,..the Western Drainage for the City, Northern Drainage; another drainage with Dade County Airport is done and apparently they are doing a drainage project in the City of Hollywood. Mayor Ferre; No problems? 6e Mt. Parkes: No problems. Mt. Plummer: All 'right, I move item 4U. Mayot Fette: Plummet moves 40, is there a second? Mt. Reboso: Second. Mayor Ferre: Further discussion, the Manager recommends, call the toll. The following resolution was introduced by Commissionet Plummer, who moved its adoption: RESOLUTION NO. 76-14' ) A RESOLUTION ACCEPTING THE BID OF A. M. & J. CORPORATION IN THE AMOUNT OF $176,100.00 FOR THE WESTERN DRAINAGE PROJECT E-42 FROM THE ACCOUNT ENTITLED "STORM SEWER G. 0. BOND FUNDS" IN THE AMOUNT OF $176,100.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayer Manolo Reboso Mayor Maurice A. Ferre NOES: None 47, DISCUSSION AND DEFERRAL OF GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO MALL TRANSPORT, INC. (PUBLIC HEARING ). Mayor Ferre: Well, let's take up then the 2:45 P.M. Agenda, which is a Public Hearing, a Resolution, authorizing the preparation of a Certificate of Public Convenience and Necessity for Mall Transport, Inc. pursuant to Chapter 56 of the Code of the City of Miami. The Public Hearing is now open, Mr. Grassie. Mr. Grassie: Mr. Mayor, we'd like to have Mr. Porter, who is the owner and operator of the tram service that we now have for Bicentennial Park make the initial presentation. Mayor Ferre: Mr. Porter, your name and address for the record. Mr. Alan Porter: My name is Alan Porter. I reside at 1595 Bay Drive, Miami Beach. I own and operate Mall Transport which operates the trams on Lincoln Rd., the Miami Beach Sightseeing Tours and the tram at Bicentennial Park. I am seeking this license to operate a tuur of Little Havana in the evenings and a tour from downtown Miami to Coconut Grove, both tours to be via a tram operation similar to Bicentennial Park or the one at Miami Beach. -Mayor Ferre: Is that also similar to the Conch train down in Key West. Mr. Porter: Yes, Sir. Rev. Gibson: Let me ask, Mr. Manager, what does that do to the industry? Mr. Porter: At the present moment there isn't much of an industry, Greyline is on strike, they are out of business, the only thing you've got left is American Sight-seeing. Mr, Grassie: By the industry, Commissioner, are you thinking of mass transit and taxis or are talking about tour buses? Rev. Gibson; Yes, Mr. Grassier ,,. I think there is some difference of opinion within the industry that point, but the kinds of service that are being proposed are very different either bus service or taxi service, they are proposing as 1 understand their Plan, something which would not directly on than 67 compete with those. It's not the same level of service as taxis and is a much more personal and tourism -oriented service than what you find in the mass transit system, the bus system. Rev. Gibson: In other words..let me a:;k helot( we go any further, are you telling me that you ate going to be traveling on S.W. 8th Street from point A to point B specifically, and that you are going to be traveling from Bayshore brive to whatever it is specifically, that's what I'm talking about. Do you remember when we had the same problem by n company... -you were not here-, do you remember that company out on 27th Avenue and 20 St? Do you remember that great, big fight we had out there? Okay, I just want to make sure that every body understands my reaction and what ['in driving at because I at not going to test until I get that clarified. So speak to it. Mt. Porter: Okay, Commissioner. Thes_ are two separate tours. One of them will commence at 10:00 A.M. and one continuously at two-hour intervals four times a day. The persons on the tour will be able to purchase one ticket for $3.00. This ticket will entitled them to get off at the Vizcaya, the Museum, anywhere in Coconut Grove plus a tour of Coconut Grove and bring them back to the downtown hotels. The cost will be $3.00 plus the cost of admissions. The other tour will start about 6:30-7:00 o'clock at night, and it will pick up at the various hotels, take people through Flagler St., up Flagler, and over 8th St. possibly for dinner and a tour of Little Havana and return them back to the hotels somewhere between 101:30-11:30 P.M. in the evening. This tour would also be $3.00 plus the cost of the dinner. It would be in an open-air tram. The only thing we do ask for is a mini -bus which is just a 15 passenger bus in case of cold weather as we've been having in the past few days. Mayor Ferre: Mr. Plummer, let's hold back our questions until he finishes his presentation, then I am going to recognize Mr. Zilber and anybody else who wants to talk and then let's get into the question stage. Mr. Plummer: Well, Mr. Mayor, may I interject this one point because he has finished, I think twice? I'll ask this gentleman to speak to it because right now you've got enough hill -fight with me and it's based on the wording of the police chief, so I'll ask you..."We will however stress our concern for the safety of passengers who are riding in what we consider to be a vehicle that is unsafe for operation on major traffic arteries. Tram service is perfectly appropriate for malls and parks and parking lots and other areas where the speed of the unit is extremely slow. In short we will not favor the operation of a tram on Biscayne Boulevard, McArthur Causeway or similar road- ways." You just address that problem in your presentation. Mr. Porter: All right, as to the safety of this tram. Sgt. Thomas, of the Taxicab Division before he took his heart attack.made a survey over the telephone of other companies using the same type of operation. His report was that they are very safe. The trams travel between 15 and 20 miles per hour and do not hinder traffic. As to our experience: we have operated Miami Beach Sightseeing Tours for one yea, and a half which is a double tram unit, holding 48 people, with no accidents. In the City of Miami, we operate Bicentennial Park Shuttle on Biscayne Blvd. since 197; in the Fall, no accidents. For four months we operated a tram service for all Key West -Fishing Villages, in North Miami and Hollywoodlon Collins Ave.. with no accidents. For three years a double tram service for Biscayne Kennel Club in North Miami, no accidents. For the Hemophilic Society, for three days and nights, from Watson Island to Bicentennial Park and we moved thousands of people, no ac- cidents, no complaints, no hindering of traffic. We did the Orange Bowl shuttle to see whether it could be done on January 2, from Civic Center to the Orange Bawl, we had only one problem there, we had one accident, the tram that was involved in the accident was taken off of the street it was supposed to have been on. We had a regular route to travel. The police officer in that train told the driver to take a right on 7th street. The driver was supposed to have gone done to 6th street. There are some questions that remain to be answered in this particular accident because of the driver of the taxicab involved in that accident, The Orange Bowl, incidentally, intends to use us for more games and the Miami News intends to sponsor them. The University of Miami Homecoming, no accidents. I've been in the tram, and shuttle and sight- seeing business for over 16 years and I've traveled through every tram opera- tion in the United States. Naming a few in the State of Florida Conch train in Key West, the in Fort Lauderdale, you've got one in San Agustin, and 68 FEB 23191 cne in Tampa. Not one has seathelts nor do they hive sliding door to close in the people. Our trams were spec ial Iy do si-, d as to enclose traffic sight, fear and front as a safety precaution. tic,.-t t -,ins are open on both sides which I personally feel is an unsafe type of operatit y. I must stress once more these trams do not go More than 25 miles an hour tc, mriirtain safety and comfort to the passengers. According to the insurance company the trams are one of the easiest vehicles to carry $1 million liability because of the safety record. That not only goes here in Florida but anywhere there is a tram operation in the United States. That's about all 1 can say as far as the safety cf the trams. Mayor Ferre: Arc. you finished with your presentation? Mr. Porter: 'l es, Sir. Mayor Ferre: All r i ,ht , Mr. Zilber, your name and address for the record. Mr. Zilber: Sigmund Zilber, 126095 St. &iV Harbo representing Hurricane Taxi. If you read Section 5a, Nr.Mayor aid Ca Jf issionere, it says he is applying for a Certificate of Public Need and Necessity. 1. iiaee heard no need here yet and no necessity. There hare been no witnesses brought up here from the Hotel in- dustry from the tours industry, from the general eublic saying there is a need for this service. When we applied for our taxica:>s or for limousine permits we had to prove that there was a need and necessity for additional equipment. We, from our industry, feel that there is no need for additional transportation in the City of Miami. There is 434 cabs, 38 for -hire vehicles and many busts and limousines and have not ever been able to use up all of our equipment all the time yet so we feel an additional transportation will hurt our industry, the price these tram service offers :ire $3 per person, that means 5 people in a taxi- cab would pay $15 if they take a tour of Miami every section of Miami for that kind of money. It would be cheaper to take a taxicab from the Omni Hotel and make a tour of Coconut Grove at . or 5 passenger than it would be to take this tram. We arc very upset as an industry that this service has been allowed to operate on the streets of Miami for a contract without having any kind of permit. We not not understand how he was allowed to operate New Year's eve or New Year's day to the Orange Bowl with no permit. How he has been allowed to operate all these other services without a permit from the City of Miami. If I was to put on 5 mini -buses tomorrow and start hawling people for pay, from point A to point 13, I'm sure the City of Miami would stop my vehicles. For some reason this gentle- man has been able to operate, illegally we feel, for the last six months, now wants to become legal and we feel it would be very detrimental to our industry. Mayor Ferre: All right, are there any other speakers who wish to be heard on this issue? Mr. John Finney: Mr. Mayor, my name is John Finney, I'm Assistant County At- torney, Dade County. We are here, if the Comrnission will bear with us just briefly to place into the record not necessarily to support or oppose what the City may choose to do in this incident but to place before you certain future effects and I suspect that any time in the fetcire we'll be doing so. As the regula- tions or the Urban Mass Transit are drawn today, the Dade County Transporta- tion System must remain non-competitive with private enterprise. Now, I ap- preciate very quickly ..it would be said, well. this would not have any effect on MTA and I don't know whether it would or not. I don't think that their application is that detailed but I am concerned and I will relate to you very quickly a situation that some of you may be aware of. A few years ago we had the old "city coaches" operating here in town and the coast -city coaches had one remanent of their operation coming down Miarii Beach and in those days that was acquired by a company and they operated one nice little route running up and down Miami Beach and did very lucrative skinning off about a quarter of a million dollars a year in revenue from the MTA routes. Now, I don't mean any unjust commentation by the word "skinning". The point was after a period of time, as you know today, your county system is subsidizing every rider that rides the public system approximately 2/3rds of the cost of transporting that passenger. What happened and what can happen in any case in the future, is that a private operator, as in the case of linecan complain to the urban mass transit system that we are using Federal funds unfairly to compete with him. It was fine as long as line was a very profitable system. Once it becomes unprofitable for whatever reason it may be he complained he had to buy him out and it cost the taxpayers of this community $645,000, 1 believe, to buy 11 rather antiquated buses and a little bit of equipment, Now, I'm not concerned about Mr. Porter today but we want to put into the record and snake this Cotttmission aware that there are some rather massive plans for an organized, integrated People Mover at a low cost fare that very likely Mr. Porter could complain two years, five years, 10 years from nmw that Dario County is buttinZ the out of business unfairly and we simply want to have it in the record so that Mr, Porter in the future would say that he stood here today and was told loud and clear that there will be a rapid, there will be a People Mover, we ate going to double the bus system and these very likely will be running tight over top of the service that he is providing and when he is charging a $3 fare as all of you know there will be a common fare projected throughout the county at $.50 by 1983, That certainly would be of substance if he were complaining that he was not aware of this. I know Mr, Porter is aware of this and we simply wish to put it on the record, if the Commission has any particular questions 1 will not waste your time further, we have Mr. Strten the Ueputy Director of out System here, who certainly is qualified to tell in the utmost detail about the finances and the operation of the MIA, 1 will not take further of your time. If you wish any questions, we'll be glad to respond. Mayor Ferre: All right, are there any other public speakers at this public hearing? Mr. Plummer: Mr. Mayor, I think I should tell yoi that Mr. John Finney repre- sents probably something in my life I can never e:tcuse, I had my first date with my wife in his airplane, I'll never excuse him for that. Mr. Edward Steinberg: Edward Steinberg, Vice President of and White Taxi- cab Company, 14995 N.E. 20th Ave. I feel...my position is, for my company and I feel for most of the industry, pretty much based on this study that was done by Metropolitan Dade County on the taxicab industry, a report of financial and operating characteristics. Essentially one of the major points which most of us concurred with was the fact that the short -haul market for taxicabs must be stimulated and must be kept up. I feel if this tram were to come into effect it would have a detrimental effect on the short -haul market for taxicabs and as a result of this and other projects it could have a snowfalling effect whereby our short -haul market is becoming eliminated through operations such as this and I believe that it is essential that this be denied in order to protect taxicab rates as they are. If we lose our business on short trips we are going to lose a lot of the basic business that we have and I feel the net result is going to be an increased fare sooner than necessary. Mayor Ferre: All right, are there any other speakers at this public hearing? All right, Paul do you want to address us at this time? Mr. Paul Steinberg: Mr. Mayor, my name is Paul Steinberg, I'm an attorney, I represent Mall Transport, my office j.s at 505 Lincoln Rd., Miami Beach. I'm here in that capacity as counsel for the applicant not in any other capacity. I'm familiar with the applicant, my office is on Lincoln Rd. where the applicant presently operates Mall Transport. The applicant has been operating this facility on Lincoln Rd. Mall for many, many years. He also has a facility, a tour operation, similar to what this is operating in Miami Beach. It picks people up at Lincoln Rd. Mall, it gives :aem a sight-seeing tour of Miami Beach, stops at the Garden Center, it stops at other places of interest. Mr. Plummer: Paul, can I help you?..because I think you would understand. The point has been driven home and I wish we know about all of these other things _ are have been done. I just want you to speak to this point I think which would be of help to him. Mr. Steinberg: I didn't hear the point, Mr. Plummer. Mr. Plummer: The point is that we are here and there has to be prove of a need, now, that's what we haven't heard and I would ask you to address the need. Mr, Steinberg: Okay, Mr. Plummer, Mayor, and members of the Council, of course, the need in this Application is the need of a sight-seeing operation in a tram format to take visitors from Miami Beach to Miami, from Miami to Little Havana, from Little Havana to Coconut Grove via Vizcaya and other places to allow people for one fare to get on a vehicle which will stop off and allow them to visit these scenic areas, Of course you know that the applicant is presently and has been operating the tram service for the City going to the Bicentennial Park which is another place that, you know, you could say -fine, you could take a taxicab from downtown Miami and go to iiicentennia2 Park but how many people did it? The • FEB 231978 thing is right now v.tiu have people who :ire tourists, who are visitors in the City of Miami. We don't have the problem with the cab in the Miami Beach opera- tion because most people do not take a eee . g,,from Lincoln Rd. to go to Conven- tion Hall, to go to the Garden Center, eet ga in the cab, call another cab because the cab is not going to sit there and elit. for them for three hours and take them to the museum, wait another two hour-; aead take them to see the golf courses, or the hotels, or along Indian Creek Drive, which is the same type of operation you need in the City of Miami. The major tourist areas of the State of Florida whether you call it the Key West conch train or other operations that have been started which are tour operations so that the ke: places of interest can be seen by th people who are visitors to you: city. You've got people who are stopping at the hotel...you knew, we are trying to build a People Mover just to get people from the Chan_ to the Bicentennial Park, to the museum, to the library, to downtown Miami, and give them one fare so they can do that, What this gentleman is offering the City right now until you do have mass transit which will be after 1983, until you have some facility that tourists can use, to give people a way of getting around town to see the sights that you and the county have provided for them. There is ne tour operator in south Florida today that will operate the typo of service that this applicant has asked for within your city. There isn't such a service. Many, many years ago we had tours operated with the big buses that would take you on two or three stops, the Monkey Jungle, the Parrot Jungle, the Everglades, but they were not the tour operated that is stopping along at the Dupont plaza, and the McAllister Hotel going down Biscayne Boulevard and taking people to the different facilities and then picking them up for one fare. These people can get a chance to see your facilities in the City of Miami, maintained by the City, maintained by the county and the citizenry of your City. We are trying to promote Little Havana, you want to make it a tourist area to draw people there. I think, the simplest way to get them there, to get there to Coconut Grove tc' walk around is to know that a fringe operated a nice a tram, they can pay one fare, get off and on as they please and there appears to be a need. There are people that will take and it has been successful with a similar operation in Miami Beach and the applicant believes and we believe that this will be an asset to your City. And seriously, the safety has been checked you are operating the same train now on Bicentennial Park, we are operating similar tram services in Miami Beach, it meets the safety requirements of the tram opera- tions that are anywhere operated and we'll be glad to go along with the operations. Mayor Ferre: All right, any other statements? Mr. George Bishop: My name is George Bishop, 1 represent American Sight-seeing and I would just like to state for the record that American Sight-seeing holds a Certificate of Public Convenience and Necessity in the City of Miami, by the Public Service Commission and we do operate a City tour. Mayor Ferre: Any other statements? Mr. Zilber: Mr. Mayor, no disrespect for _Mr. Steinberg. The City Ordinance I think is very specific and the courts have ruled very specifically on that, that the applicant has to prove with independent witnesses a need and necessity_. Now, for the applicant to stand up lore . fee his attorney to say there is a need 1 would certainly expect that, because they are applying for this. There have to be independent witnesses, these are people from the community who can get up here and testify that there is a need for this service, that there is no other way they can get around and this has not been done and I don't think it is fair to the rest of the industry either the taxicabs, the buses or the limousines.. might have this type of hearing. Mayor Ferre; All right, Mr. Zilber, anybody else? All right, questions from the Commission? Rev. Gibson: Are you prepared to answer those questions, sir? Mr. Steinberg: Am I prepared to answer questions?.,.I do not live in the City of Miami, Rev. Gibson, hut if this Commission wants I am sure we can get the Chamber of Commerce and the Latin Chamber of Commerce and the people that the applicant has talked to in Coconut Grove, the merchants and the other people who have requested this service. In other words, the applicant has not decided to invest money here unless people had asked him to provide this service and if this body would like us to,.,you know, if you'd like us to postpone the hear, ing I am certain we can bring in the Chambers and merchants from Coconut Grove and people from S.W. tith Street and„seriously, and have them state that they 71 'Would like this type of tour operation to come down. The applicant did "not think that there was any major problem. I had not heard from the opponents of this plan and I know them and we are political alias in other areas that there was a probletn; if I had known that there was a problem with them that they felt that this would adversely affect the sight-seeing business which is not running this type of service today, or the cabs =which are offering this type of service to the public today and would not think that they could be compatible as they have existed in other cities, you know, I'll be glad to stack and I'm pretty sure we can bring as many people as we need here. Mayor Ferret Are there any more questions? Mts. Gordon: I have a question. Mr. Steinberg...Paul, did you or did you not see a memorandum which we have been given from Chief A. Klimkowski? Mr. Steinberg: I have not seen the memorandum but I've discussed it with my client and the chief has said he wanted them in closed cars and with seat belts. The other tram operations that have operated do not have seat belts, it will be no real problem to put them in. We'd like to say fine, I think every school bus should have a seat belt,every MTA, and maybe the new Mass Transit should have seat belts. It's just not done in the transportation area. Your taxi- cabs don't have seat belts, the American ... the taxis might because they came in its cars but the big sightseeing busses don't have seat belts. Mrs. Gordon: Yes, but there are enclosed on both sides .I'll just read you one paragraph and if that doesn't give you an idea of our concerns►then,maybe you will better get a copy of the whole thing. The paragraph it's finally after he goes through a lot of points. He says " Finally-- The combination of fact leaves us to believe that the operation of a tram in excess of 30 miles per hour posses great threat to the security of its passengers. The department -- that is his department, intends to seek..." now, this comes into your other area, Paul, your area of jurisdiction ..." this department, our Police Department intends to seek state legislature passage of a bill which would prohibit the operation of trams on any state highways or on any street whether our speed legal limit is in excess 30 miles per hour. We are not opposed to the operation of trams but we think of safety of passengers.The man has much more legal protection than is now provided by statues or ordinances." I think that tells the whole story. Mr. Steinberg: Yes. Commissioner Gordon, I think the tram operation, there is no problem for it to run at 15 m.p.h. or 20 m.p. h. but the ordinance said -the Commissioners pass- you know, you can grant the right to operate this at 15 m.p.h.,20 m.p.h.. There is no state law in the State of Florida where we can just say how fast s vehicle can operate. Mrs. Gordon: You missed the point. The point is not that, the point is that he recommends that legislature pass a bill which would prohibit the operation of trams on any state highway or any streets where the legal speed limit is in excess of 30 m.p.h. you see, and that is the point that is the key to the whole thing. Mr. Steinberg: I don't think seriously the State of Florida ..we passed a law that says-- Mopeds can operate at no more than 25 m.p.h.-- we have not said that no Moped can operate on the street where the speed is more than 25 m.p.h. which it means they'll be out of business. If we pass this --that vehicles cannot operate, you know, like a tram-- could basely mean the Key West Conch train would be out of business; the tram in St. Petersburg would be out of business; the operation of the Disney vehicles on their own property would be out of business; the existing Mall operation would be out of business --on Miami Beach. When this tram service is operated to take people to and from the Orange Bowl it would be out of business because the streets have certain speed limits, You can regulate the speed of the vehicle very easily but I don't think we could say that just because a highway has, a state street has a certain speed unless there is a minimum speed on the street,which there is not under state law otherwise you would have to get people tickets for driving 25 m,p.h, on your street which you can not do today. Mrs. Gordon; I don't think he means that, Paul, I think his is looking to the safety of the passengers. In a year,you are aware,other vehicles are traveling at a higher rate of speed, perhaps, than the tram and safety of the passengers in the vehicle of this type is certainly anything but the best, r FEB231978 sites in your area that you want them to see on a packaje deal and put it M>it to bid. I don't care if you don't give it , this client. Mrs, Gordon: Can I ask the man in Dade County and the gentleman that spoke to us before a question? Mayor Ferree Rose, but before you do that, if I may. Mr. Grassie, I just waht to reiterate one more time. 1 think that there are two points here. Asain, I want to say 1, I think the staff, the Administration has got to take some kind of a position as to whether or not there is or not a need, and I think that entails us objective opinions of people in the community. Ah then, secondly, I'd like to reiterate that if we are in need to embark in something we really have got to go to some kind of public bid process. Mrs. Gordon: May I ask the Commissioners that if they can recall how long ago it was but it's at least a year ago maybe longer that I moved a resolution and you all past it that we ask MTA to extend the B-line along Flagler Street to 12th Avenue and back along 1st. Street to downtown. Do you recall how long ago was, J. L.? (INAUDIBLE BACKGROUND RESPONSE). That's 2 years ago. Did that information -- I don't know whether Mr. Grassie or who can answer the question since he wasn't here-- did you ever received communication from us regarding that? (INAUDIBLE BACKGROUND RESPONSE) Yes, right, but we had asked for and extension of this line to the west into the Little Havana area. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: We know that,but this is a 1N* ride, right? But we had, at that time, asked by way of a resolution whether it ever got to you I don't know, I'm not going to say it did, I don't know Do you remember ever receiving that resolution? (INAUDIBLE BACKGROUND RESPONSE)...12th Avenue? along Flagler to 12th Avenue, to S.W. 1st Street and corning hack downtwon. We felt at that tie that it would sere a purpose to those people who live in that area. Nothing,apparantely,has been done by MTA on it. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: Okay, i was only curious as to whether or not you had gotten it. Mayor Ferre: All right, what's the will of this Commission at this point? Rev. Gibson: Mayor, it seems to me that facts are necessary to intelligently address this matter. Vice Mayor Reboso: I think so too. I move to defer this item to the next City Commission meeting when we can have the input of people from the com- munity. Mr. Grassie: W,11, my understanding, Commissioner, of what you want then is that we prepare a report that indicates the pros and cons and the degree of public consesus. Mayor Ferre: Are you going to be able to do it by the next Commission meeting, or do you need a longer time for that? Mr. Grassie: I would suggest that we put it on the basis that we will get it back to you as quickly as we can because between now and the next Commission meeting, of course, we only have about 5 working days before before we get it on the agenda. Mayor Ferre: And then this public hearing would be continued to such time.,.. Mr. Grassie: As we are able to bring it back to you. Mrs. Gordon: You know, it troubles me that we are going to do that when we have the police chief's letter here, I mean, I'm not opposed to anything that will increase availability of amusing whatever for our tourists but on the other hand we have a very strong letter here and I don't know why we are prolonging it, I think we ought to just, at this time, just close the public hearing instead of deferring the public hearing. It's a public hearing for a specific purpose and we've heard it and the evidence has been presented here by MTA with regard to a possible problem in the future along those lines; and number 2, from the standpoint of the police chief for the safety aspect, Mr. Steinbetg: I don't know if it's anything but the best Commissioner Gordon. the facts that my client says he has brought to your attention is the number of miles these vehicles and similar vehicles have operated on the roads of the State of t'lotida without an accident, without a ticket, without an injury. You cannot say that believe it or not=- fot autothobiles, for taxicabs, for bicycles, for police cars.,. all tight? If you are operating a large facility, I don't think there has been amy accidents ih Key West on their conch traith fot the last fifteen yeir.s. I don't think you have had atiy tram problems at tishey; and we'll go one step further, Commissioner Gordon, there is a bill in the legislature which has been sponsored by a good deal of people in your coffluthity which Mould go even further...which would allow golf carts, which do not have ahy licehses, which do not have any operation, t:o operate from a person's home to the golf course and it has been sponsored by people in this community, on Key Biscayne, it's been sponsored by people in Orlando... and I've been against that, because I just can't see a golf cart touring at: 5 or 6 miles an hour on the highway but I believe that will pass. So, you know, we've got other problems which are... I don't think State-wide the State is going to get involved in this type of legislation. I believe the applicant can show and has shown to this group that there are safety requirements being met. We will meet any speed limit set and I don't think the vehicle will operate at less than 20 miles an hour. Mayor Ferret All right, further questions at this point? Well, I'd like to express my personal opinion on this at this time. What we have here is a basic conflict between a service which may or may not be necessary and the livelihood of people who are serving the community in the taxi industry who are taxpayers, who are citizens, who are involved in rendering a basic service. Now, I certainly don't have the wisdom of Solomon and I don't think anybody else does around here either. At this stage of the game to decide such an important issue.... I would have two basic questions, Mr. Grassie, on this. First of all, under our rules there has to be shown an impartial objective proof of need which, certainly, I don't think it's been done today since we don't have any objective statements since people that have already spoken in this public hearing are individuals that are protecting or serving their own cause which is natural --I understand that-- but we don't have objective opinions here, number 1. Number 2, I would like to ask you once we prove or if the City is saying, the Administration is saying that there is a need for this whether or not we put this out for public bids. Was this put out for bids? Mr. Grassie: No. Mr. Mayor, what it has been requested of you is a certificate of convenience and necessity. You are right that no third party has spoken to the question of necessity. I think the question of convenience is a judgemental one whether or not this represents an additional alternative for people in the community. Mayor Ferre: Whose judgment? Mr. Grassie: Your judgment. What it has been asked is... Mayor Ferre: But, I don't think we have, we don't have that expertise, I don't think, Mr. Grassie. Mr. Grassie: Well, if you would like we can certainly addressed this from the point of view of staff evaluation of need, the basic... Mr. Steinberg: Mr. Mayor, I think, seriously, we can do one of two things and I'd like to help you out either way. We'll be glad to schedule a full public hearing and bring people or let the City Manager decide whether there is a need and if the council decides there is a need and put it out for bid we'll be glad to bid on the service. What my client has come here, and I see we have the present of the Miami Beach Chamber of Commerce and -the head of the Conventional Hall here, they could, of course, tell you how Miami Beach has prospered and has used this type of vehicle and I don't seriously mind whether my friend Zig. or the American Sightseeing or Greyhound or anyone wants to bid on this type of thing and provide the service. It's just I think being interested in seeing Miami have a viable downtown tourist development which you are working on --I've been working on with your downtown development group and the new hotel complex and the new Convention Hall complex and everything you are doing-- I think you've got to try to work on providing the people a way to get from the Dupont Plaza and the Omni Hotel and the old McAllister Hotel and the Everglades Hotel and everything else to the other FEB 2 31978 I don't know what we are going to talk about, that's going to change that and any future hearings isn't going to chanye at either. There wasn't any second to the deferment, so I don't think you need any action whatsoever on this (hatter because is not before us for any more than just a discussion item, 1 believe. Mr. Steinberg: Mrs. Gordon, the Chief of Police has said the same thing to the current operation of Bicentenial Park which is carrying 3,000 riders a week to the City. That's his position on the trams. I don't think he will change his position regardless of the facts. This City council and the people of the City have been using the service right now--3,000 a week-- and I think the only way you can get people to use your park is the current tram operation which is operated by these people against the advice of the Chief of Police. He is going to say the same thing and 1 think you just might as well stop the other operations too. Mrs. Gordon: Yes, but you are saying to me that if you are doing something that you feel isn't secure or safe you should enlarge it because it's being done already and I think that's wrong. Mr. Grassie: No, 1 think it's safe but.... Rev. Gibson: I want to make two points. I hope our fellow Commissioners will remember this. I remember the experience we had in this very commission room when we were bombarded about and additional bus service, a second company. All of you remember that? MTA came down here and they talked with us and they said something of the... they were more polite, today than they were then. So we went through that. My second concern is it is an unfortunate thing to be discussing a controversial matter on the trams' business that you are talking about knowing that we are just about 10 days or so from dealing with another matter that spells for us, in a real sense, life and death. I would urge the members of the Commission, I'm not Solomon either, that you would do best to either let it die or take it off the calender until such time as you have made more definitive decisions that spell life and death to this com- munity because just as sure as hell is a mouse trap for citizens, I don't know about that, I don't know about these other things, I deal with sin and all that business, you know, as my living, you go on arguing about this just as we are arguing, the friends we have now on our side for Mass Transit we may lose them. Nobody wants to hear that, you know how quite things are. I move you, Sir, no, I'm not going to move anything, I don't have no wisdom. Mrs. Gordon: I don't think we need to have a motion on this, Mr. Mayor. There is not item before us that requires action. Mayor Ferre: That's correct. Mr. Zilber: Mr. Mayor, on the point of the Bicentenial Park-- I touched on it before;; our industry, the taxicab industry, was very disappointed that we were even asked if we could pru.'iue that service to the park in a 5 passen- ger or an 8 passenger vehicle which we have licenses for them of the City of Miami and we certainly hope that when this contract expires with the trams service that our industry that is paying taxes in this City and has been in this City for many, many years operating, will get a chance to provide it, because we think we can provide that service and we are really, really hurt, as an industry, that we weren't even asked as to whether we could provide it. Mayor Ferre: A11 right. Is there anything else that is to be brought up before this public hearing at this time regarding item 22? There being non, I thank you very much for your patience and participation. 7 48. PERSORAL APPEARANCE: , JOHN THOMAS RtGARDIHG SUBSTANCE ABUSE PROGRAM. Mayor Ferret We are now on iteth 23 which is the Four Year funding.,. oh, actually before we get into that, we've been waiting for the presence of Ron Lieberman. Is lion here now? if not, we do have Spectrum Programs repre= seated by the key. John W. Thomas who has requested that he be allowed to speak in on I,ieberman's place on item 21. All. right, Sir? hey, Thothant Thank you very much. I'm rev. John W. Thomas, our offices are at 1 N. W. 67 Street in the City of Miami. Mayor Ferre and members of the City Come Mission, I am Executive Director of Spectrum Programs and president of state Wide Drug Abuse Association. As such, I have an opportunity to view many of the Substance Abuse programs which are located not only in this county and in the City but throughout the state. The concern in the matter that I am bringing before you today for simply your consideration is a concern which does not require your action nor does it requires anything more right now than simply. listening to some of the problems that we want to express. I'm very concerned for the survivability of Drugh Abuse programs„ Alsohol programs and the like in the City of Miami. I'm concerned because over the past several years, Federal funds have dropped consistently to the point where they are stabilized at the rate of 60% of the budget for these programs. And in addition state grant and other sources are also tailing off. Perhaps part of this is re- flected because of public apathy about drug abuse and alcoholism and some of the social deseases that are currently involved in many, many of our young, middle-aged and older men and women. In the face of these services and in the face of these funding cuts, Substance Abuse programs in the City of Miami are continuing to serve many, amny, many of our citizens. On a daily basis, 2,300 people are being seen, 95% of the beds which are provided for these purposes are being filled. The problem is that with the decreased funding there are adverse effects; those adverse effects include the fact that the quality of treatment itself is going to be reduced, as staffs have to be cut and as programs are eliminated. Substance Abuse programs in the City of Miami have been described as the least costly alternative; the least costly alterna- tive to incarceration particularly because our costs for treatment are less than half of what it costs to keep a person in prison; and certainly less costly than the increased costs that the Criminal Justice system,the Police, the Courts have to incur as people are continues to allow to break laws, and to continue to lead lives of criminality in order to procure drugs. The reason that I'm stating this to you today is the same reason that Ron Lieberman and I spoke to the Substance Abuse Advisory Committee yesterday afternoon. We are concerned because we feel that nlw sources of money must be found, new sources of revenue must be generated to provide assistance to these programs so that they simply will survive. We suggested to the Substance Abuse Advisory Committee yesterday that there may be new possibilities for funding such of these programs. One of those proposed plans was the possibility of gaining revenue from the Orange Bowl, or sale of beer, to generate matchable revenue for the support of Substance Abuse programs in the City of Miami. I'm telling that because we feel that this is a proposal which the Substance Abuse Advisory Committee should continue to study and should come back to you with a more complete proposal in terms of the possiblitity of new revenues which are made _available for Substance Abuse programs in the City. If this plan looks feasi- ble for the Substance Abuse Advisory Committee which you brought into being some time ago that that-- I would suggest then that you go ahead and endorse the possibility of the committee studing this and coming back to you at a later date with a more complete proposal in terms of funding these programs. Again, I stress very much the need. The need is there because the programs must continue to survive to serve the many, many people who have those needs. Mrs, Gordon; You know, John, I find it almost ludicrous the thought of funding a Substance Abuse program by the sale of an alcoholic beverage. I can't help but to find it amusing. I, honestly, just don't see the logic of it, you know, there is no question at all about the need to fund your program but the very fact taht the more beer you sell the more you are going to have to..,the more money you make, the more people you got to treat, Rev, Thomas; Okay, May I respond to that? There are several problems that we are faced with. There is a concern to maintain tax leve.S whter they are right now not to increase the giving of City revenues for this kind of project, we understand that, on a state wide basis, over a year ago, there was a similar proposal, 1 think that the idea behind this is that the responsibility for the cure of some :of these problems has to be pushed on the direction of those who are consuMers and I think there is logic oh that. Mts. Gordon: t have a better idea for you. Tell ought to ho to the legislature and put a tax on alcoholic beverages that arc sold ,er the counter. Maybe it you raise the price high enough there won't be so mug being sold. Rev, Thomas: Well, Representative Reese has already done that but I think the underlying concern that I have to hring to you today is that new alternatives need to be discovered and that's why 1 think that it is important that the Substance Abuse Advisory Committee and the City Manager's staff have an opportunity to work on those problems. Mrs. Gordon: I know. I only speak for one, I'm opposed to it, but there are four other people here. Mr. Plummer: Rose, what the good Reverend doesn't know and what he wasn't faced with was that little old lady that was down here throwing...I want to say beer cans at it but Mrs. Gordon: That's all right,he knows you are Reverend. Are you Reverend? I'm sorry , you know that I respect your opinion but i lo think it's wrong. Rev. Thomas: I understand that, but I hope you understand the message which is between the lines. Mrs. Gordon: I know your problem and I would certainly be one to want to help you solve your problem but not solve it that way. Rev. Thomas: In that case may we go back to Substance Abuse Advisory Committee with this and other proposals and... Mrs. Gordon: Research other way, not this; leave the beer out, leave the sale of alcohol out, find other areas and if there arepossible areas I'll be glad to try to help you. Rev. Thomas: Fine. Thank you. 49, PERSONAL APPEARANCE: BELLA SMITH REGARDING USE OF LITTLE HAVAM CC T1UNIIY CENTER. Mrs. Gordon: Mrs. Smith while we are waiting...she came to the microphone while he had the other hearing . Mayor Ferre: The trouble with that, Rose... Mrs. Gordon: I don't think she has a long story to tell, I think she just has a couple of... Mayor Ferre: Well, we'll take Bella Smith out of order. Are you leaving after that, Mrs. Smith? Mrs. Gordon: While waiting for Father Gibson...I don't think she wants any action. Mayor Ferre: A11 right, if that's the case I will recognize you at this time. Mrs, Smith: I have requested the usage of a facility at Little Havana Community_ Center for our group and it's been performing there. I just met with Mr, Parkins when when I came in and he said we would have a meeting to discuss the usage of a facility there and I received the form from Ms. Calderin to fill out and use the facilities, That's the status of my request, Mrs, Gordon: Oh, is that what you came to tell us? 77 FEB 231978 M±s. Shith: Yes, and what i did want to ask fot was continued suppott froth the City of MiaMi funding fot the,,, so maybe / should fit into the CoMMuhity beVelop4 Meht,,,. MxS, Gordonbo you want to Wait until the Community Development heating? Okay. I didn't really know what you wanted, I just wanted to tecognite you. // 78 FEB 231978 50. ACCEPTING BID FOR CONSTRUCTION OF TR/7- FAIR OF 1HE AMERICAS, (Discussoo AND TEMPORARILY DEFERRED, SEE LABEL #55) Mayor Ferre: Now we are on Agenda Item Mrs. Gordon: Mr. Mayor, you have before vo u :r Letter that was addressed to Mr. Crumpton which you all have a copy et. lot, also have already read it. Mayor Ferre: That's a letter dated -for the record- February 8th to Mr. Charles Crumpton from Mr. Charles S. ;kuli Creative Displays. Is Mr. Gundy here? Mrs. Gordon: Yes, he is here, and 1 think it would he better if he came to the microphone and said whatever he has to say regarding it. Mayor Ferre: All right, Mr. Mr. Charles r=1;Jt:.;: Mayor, my name is Charles 't.u•t ;:, associated with Creative Displays at 149 W. 21st St., Hialeah. My reason for writing this letter to Mr. Crumpton and very quickly review this whole operation goes back to last September when we first made a formal bid to Mr. Evelio Ley's office through Mr. F'aufn,r.:, based on the compilation of the specifications and write-ups and so forth. We heard nothing more, or we did not receive an additional invita- tion to bid this project and 1 believe it was on the morning of January 21 that I read the Miami Herald and I see that it is relisted for re -bid. Under the terms of that arrangement the bid was to be back in by the 28th of January and I'm picking the bid up on the 21st of January, giving us less than a full week to compare and make $110,000 to $180,000 bid. This meant working with our estimators to get this work done and we presented that bid on January 30th. Prior to that time, we had been asked by Mr. Ley's office to bid on just two sheets of the final bidding. These sheets came to us through our Mr. Rigleman we bid them into approximately $50,000, which was SO;t, of the final. bid that came out on January 2lst. At both instances we were told verbally through Mr. Rigi;leman that our bids were twice as much as anybody else's bid but we have been unable yet to find out who bid. Mr. Plummer: Who told you this, Sir? Rev. Gibson: Mr. Riggleman. Mr. unt : Mr. Rig;gleman, please. Mr. Plummer: On the record, please, Sir, if you'll come up to the microphone. Mrs. Gordon: Would you put your name into the record, please? Mr. Jack Riggleman: Yes, I was dealing with Mr. Carlos Bravo... Mr. Plummer: Was it Mr. Bravo who told you that your bids were twice as high as anyone else? Mr. Riggleman: That's correct. Mayor Ferro: Who is he? Mr. Plummer: We'll find out. Mayor Ferre: Who is Mr. Bravo? Mr, Riggleman: Mr. Bravo works for the Evelio Ley office, I believe he is the architect that laid the work out, Mr. Plummer: Well, let me ask you this question. Referring to your letter of February 8th, the letter signed by Charles S,Gun:y , ..are you Mr.Granby ? (IN- AUDIALE BACKGROUND RESPONSE), all right, it says in here that you received a 79 FEE) 231978 tr if 2%nc: .all on tt,e 26 of January saying that he was employed by the City of a.•,: c.iggested that you contact another one of the bidders: Mr, r:unhv: That's correct, Mr, Flutter: All right, Sir, 1 would like to ask you, since you ate making an objection in this letter... (BACKGROUND COMMENT OFF THE RECORD)..that's what Pt getting to, it's the base of a damn heavy accusation, You said you will not mention his name. Mr, Gunby: In the letter. Mr. Plummer: All right, Sir, would you care to do it now in the record, Mr. Gunby: No, I will do it at a later date in writing, to you, I do not care to put his name on the record now. Mr. Plummer: Mr. Mayor, then I would suggest that any further acts on this item be delayed until such time as we are furnished with all the facts. Mayor Ferre: I would like to get this thing over with one way or the other today, the problem simply is this. We have a Trade Fair coming on on March 7. The first lady, Mrs. Jimmy Carter, is going to be here to inaugurate that Fair on the 8th and I don't think that,..you know, we are going to get into a lawsuit, and the problems..I certainly don't want to have something embarrassing and if we are going to have some embarrassment I want it all out on top of the table today. Now, let's get this over with, if you've got an accusation to make you make it on the public record because these accusations without names and without faces, as far as I'm concerned, are meaningless. Now, if you've got a statement to make and you happen to be right about it then I think we've got to protect the integrity of the City of Miami and the implications of this are pretty damn serious and I don't think that we can let something like this affect the Fair. You know, if you are going to get the contract and we are going to have to pay $75,000 or $80,000 more for it if there has been some wrongdoing here I want to get out on top of the table and find out who did it and why and get those people before us and I'm going to swear everybody in and we are going to take this and do it so that from here if there is some wrongdoing we go to the State Attorney's office and get it clarified where it should be, otherwise we've got to get on with this Fair. Mr. Gunby: Pardon me, Mr. Mayor, is it not so that these exhibits are being installed today?... Mayor Ferre: That's exactly the problem. Mr. Gunby: They are being installed today, starting today, they have been built, the contract has been awarded. Mr. Plummer: Yes, Sir, but what the Mayor is telling you is that we, as a Commission, are not going to sit here and allow something that is wrong to continue and we are trying to get to the base of this thing.... Mayor Ferre: But Charlie, you are shaking your head, you are saying it isn't wrong, if it isn't wrong you get up here and defend it. (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: What's that? (INAUDIBLE RESPONSE) All right, when Mr. through. Mr, Gunby: I would like to invite Mr. Leon Manne . of Mancraft, Gunby is Mr. Plummer: Mr. Mayor, I'm sorry, I'm going to once again object, unless this man is willing to come here --and I'm willing to take the time, Sir, whatever it is-- and disclose to this Commission the facts, I think this is ludicrous, We sit here making accusations without facts. Mayor Ferre: I'm going to put everybody under oath. Mr. Plummer: That's true, this man has made accusations.,,half accusations, I think this matter was brought before this Commission, is out in the public, SO and I think that the public as well is this Commission has the right to know the facts, not somebody who I won't c.`icn by name, what the hell is that? ...a scatter-gun tactic? I'm sorry... Mr, Gunby: No, I will furnish you the nacre but through legal counsel, if I start naming names I'm in trouble, right here. Mt. Plummer: Hey, I understand, Sir, 1 am not trying to create more havoc than is already here. I'm trying to settle havoc. Now, for some reason Sir, and I don't know why but it was your prerogative, you obviously met with Mrs, Gordon and Air. Crumpton prior to the 8th day of February. Mr. Gunby: Correct. Mr. Plummer: Now, for some reason you did not contact other Commissioners or the Manager... Mrs. Gordon: He did try to reach the Mayor but he couldn't reach the Mayor so he came into m•; office. Mr. Plummer: Well, all I'm saying is from the 8th day of February -using that - that's 15 days ago to the day. I have not heard a word about this thing until this day... Mayor Ferre: Nor have I. Mr. Plummer: ...which is, you know, 15... Mr. ,,unt;y: I also met with Mayor Ferre in his office. Mayor Ferre: But you didn't ::lake this accusation to me. Mr. ';unby: I met with you to discuss this problem. Mrs. i- Mr. Plummer, when he came into my off_ce I immediately called Mr. Crumpton, I want the record to reflect the whole story, that's why Mr. Crumpton was addressed in this letter because Mr. Crumpton was immediately brought in to the... Mayor Ferre: Which is the proper way to do it and I... Mr. Plummer: May I finish? All I'm saying for one Commissioner which is 20% of the vote on this Commission, I don't know nothing about this particular item, I know nothing about these accuations. Had you come in to me on the 8th of February I would have demanded to know who this un-named individual was. I think it is blatantly unfair to sit here in front of this Commission and give us accusations without giving us facts and ask us to continue on. Now, I have no problem with sitting here all afternoon to get to the bottom, but without the facts I don't think :n get to the bottom. Mr. Gunby: You will have the name in writing. Mr. Plummer: When he supplies that, fine, then we'll go from there. Mrs. Gordon: Charlie, have you anything that you want to add now? (INAUDIBLE BACKGROUND COMMENT) Mr. 1 would like to call Mr. Leon Manne , please. Mayor Ferre: Mr. Manne. Mr. Leon Mui,ne: My name is Leon Manne Greyhound Exposition Service. Also also President of the Miami Beach Chamber of Commerce but I'm speaking as Greyhound Exposition Service. I don't know what date it was, it's been some time ago when I found out about this Exposition bidding and so forth and before any bids where let out we found that one of our major competitors had forms in a manual by Exposition manager, the company's name was United Exposition Service, I immediately contacted my attorney, Harvey Rubin, who checked into the situation and immediately we had a meeting with Mr, Ley.,l think Ley is the gentleman's 81 FEB 231978 name, anyway, and we sat down. He took us to the people to get specifications. We got specifications, we were working on them then I turned it ovet to my people and 1 don't know Whether we submitted the bids but 1 understand that later the bidding was changed and we were not infortned, that's about the ektent of it. We did not get in on it, 1 know we wete talking to some people and that was the end of it, 1 heard that the bids were let and that it being handled by the people at the Merchandise Mart as fat as our service is concerned that's just about it, Mr. Plummer; Let me ask you, Sir, according to the papers which I have before fie. You were mailed a copy of the bids. Mr. Manne: We were not mailed a copy of the bids. Mr. Plummer: Oh, is that right? Mr. Manne: Yes, Sir. We have never received to my knowledge... Rev. Gibson: Well, then, maybe Plummer..that does not mean that he was not mailed, maybe he didn't receive it. Mr. Plummer: Well, the City document which I hold before me says he was mailed a copy. Rev. Gibson: I hear what you are saying, but what the man is implying and this could have happened is that it could have been mailed. Was it certified? It would appear to me that if you mail documents like that you'd certify it, you know, so that you could have your Return Receipt Requested slip, so that you'd know that he got it. Mr. Plummer: Let me ask you, you spoke of a firm called United. Mr. Manne: Yes, United Exposition... Mr. Plummer: And how are they involved in this? Mr. Manne: As far as I know, now they are not. They had their furniture order forms..where in the original manuals. After we had checked into it they were pulled out. Mr. Plummer: What are you inferring, Sir? Mr. Manne:, I'm not... Mr. Plummer: I mean, were you saying that this United Furniture... Mr. Manne: Originally it was going to be used as a contract.. Mr. Plummer: As part of a contract?..You had to use this furniture, was that in the original contract? Mr. Manne: Yes. That would be the normal procedure that the forms went out in the manual to the exhibitors and that's the ones that they would use. _Mr. Plummer: But you had to use this furniture. Mr. Manna: You would have if they were to continue as.... Mr. Plummer; Let me understand now, okay? If I understand what you are telling me --because you were not here this morning when we got into a hell of a situa- tion-- okay, if I understand you correctly you are telling me that the first proposals that went out stated that they had to use this United furniture in the specifications, is that correct? Mr, Mantte; The first manuals that we saw had The United Exposition furniture forms in the manual. Now,,,. Mr, Plummer; Well, tell me what that means, Sir, Mr, M,ann`: Let me have my General Manager come up, He is closer to the details of the specs and he could probably give you a little better information on the forms. 82 FEB 231978 Mt. Bob Spiegelman: For the record, my name is fib Spiegelmane Mr, Menne and I saw a manual which had sample set;; .,: corm.: which contained the forms to which he is referring. That does aot moan t.}r.:.t any contracts were let at that point or that they were going to he ue-;ed. At that point, I asked a question as to who or how we go about obtaining the right to bid on the Trade Fair of the Americas, We were informed that there would he advertising in the newspapers. I don't remember dates or times but 1 know we saw the advertising, we called Mr, Ley's office prior to that, way back. when, I was called in by Mr, Ley for some information regarding fairs and trade fairs and 1 gave him whatever knowledge I had on it at the time. We then asked foi the right to bid, we asked for informa- tion to he mailed to us which we never received. We finally contacted an attorney, Harvey Rubin, who contacted some -ale in Mr.Ley's office and at that point they said they would mail us a bid. We never received it. Whether or not it was trailed, I don't know. I won't dispute the fact that it may have been mailed, I just say that it was something that wasn't received. One of the men in our office, a Mt. Rick Wingling -who unfortunately can't be here because he is home with the flu- was in contact with Mr. Ley's office and people in his office of and on for the last two or three months but l don't think that we ever submitted a formal bid to service the exposition. There were other aspects of the exposition which we never saw advertised in the newspaper at al ... Mr. Plummer: Such as. Mr. Spied ;ran: Such as they end that we were discussing as going out on bid was for construction of pang'ls which I think was what Mr. c;unby was speaking of. The end that I'm speaking of now is the rental ot furniture to exhibitors, I think there is a contractor over there who i:; 'in: o.o he doing that in connection with services provided al the Mart; the handling of some of the other things that we do..the signed copy (that's a form of the business that we are actively involved in) . Mr. Plummer: And that, to your knowledge, was not put out to bid. Mr. Spieuelrnan: Not to my knowledge, I did not sue it in the newspaper. Again, I feasibly could have missed it but I don't know when it was advertised for going out for bid and with all of the contacts that we had with Mr.Ley's office, you know, I felt that if it was going out for bid we should have at least been afford- ed the opportunity. That's basically what our position is on. Mayor Ferro: All right, l'd like to ask tor. Crumpton since I think this is a very serious matter... Rev. Gibson: There is a Gentleman who wants to speak. Mayor Ferre: Oh, I'm sorry, go ahead. Mr. Lenny Swimmer: My name is Lenny Swimmer, my company is Edlen Electrical Exhibition Services. When I found out about this Trade Fair of the Americas I called the Ley Company and asked them if 1. could bid for the electrical part of the convention, at which time he told me that it was an electrical contract that had an exclusive at the Mart. At that time I called the Mart and I believe I spoke to a gentleman by the name of Mr. Sacks who informed me that that was not true. I in turn called back Evelio Ley's company who told me to get in contact with Mr. Crumpton, the Assistant Manager, who was handling this project. I did get ahold of him and explained to him that I was an electrical contractor in the electrical part of the trade chosen..that's all I did and it was in a limited business and I would like a chance to bid on it if I could. At that time he informed me that they would put it in are paper and that I would have an op- portunity to bid because they had not decided on the electrical parts of it. To my knowledge, I checked the newspapers every day and I did not find it and never did have an opportunity to bid and I understand they just appointed an electrical contractor without any bids. Mayor Ferre: Fine, we may come back and ask your some questions but now, Mr. Crumpton. Mr, .,uiU y; What is my procedure now in gettinf ba.:k to you with the information you require? Mr. Plummer: Sir, to me and to the other members of this Commission,,,,the infor- mation that you desire, or that I desire? '!r. f The information you asked for. Mt. Plummer: I'm listed, Sir, P.O.Box 708. Mr, Gunby: Do I bring it to the courts or do I send it to you first, or do I send it to the Mayor? Mr. Plummer: Sit, you can do it any way you want. Mr, Gunby: Do I have to ask for a deferral or anything? ..until I get back with it so that the case is closed? Mayor Ferre: Well, this is not a case since this is not a court and, you know, my recommendation to you is that if you have any accusations of wrong- doing besides here you've got to go to the State Attorney's office. Mr. The only wrongdoing that I can see is that somebody called on the telephone and suggested that I call another company to subcontract. That couldn't be classed as a tip. Mr. Plummer: I agree. Mayor Ferre: Charlie, why don't you come up and tell us what you know about this and see if you can shed some light on it, if not..you know, what's is this all about? Through you, Mr. Grassie, to Mr. Crumpton. Mr. Grassie: Certainly. Mr. Crumpton: I think what we have here is a bid, case of apples, and oranges and pears and bananas that are not related per Much of what has been related here has nothing to do with item No. 42. Let me see if I can separate some of this fruit salad and put it into some semblance of organization. Backing up to - if I may- to the letter that I received from Mr. Gunby, that is in the process of being answered. I've gotten most of the information from the Public Works Department, our people downtown, to give an answer to that. The difficulty in answering that is that the letter, again, mixes oranges, apples, and pears and runs two or three subjects together in one sentence. Let me see if I can clarify this again which I thought I had with Mr. Gunby and his compatriot, Miss Barn, I believe that's her name, in the office of Commissioner Gordon a number of weeks ago, I thought I had it all clarified. Evidently, I didn't. Back in August or September --and this is what Mr. Manne is referring to and a few others are referring to-- of an advertisement that was in the news- papers that asked for an expression of interest by various designers, people who were involved in show -type activ .:i�E-, that had an interest in doing any activity with The Trade Fair of the Americas. We got a response from about six people. I think that Creative Displays was one of those, Construction Contractors was one of those, Greyhound was one of those...there were a number of others that had expressed an interest. I had our people talk with them about their interest for this reason. We needed to act as a broker for all of the countries who needed to have exhibits done here for the Fair. And we had told the countries in the manual and I'll get back to the manual again and to the furniture and so forth, which is a misunderstanding again, that we would act as a broker with the countries. If the countries needed display work and so forth, we said that we had a group of people who have expressed interest and we would give you their name, Mr. Country, whomever it would be; you make your contact with the country and work out any kind of an arrangement that you wanted to do with whomever you wanted to do it. We gave you these names and you could go to anybody else but at least we have a few, as our commitment to the countries, who have expressed interest. This we did hack in August, for the countries, and I believe that the countries did contact a number of you people. I know that they have contacted Creative Displays on a couple of times and probably others. I don't know who the countries contacted..that was not our particular responsibility. Our responsibility was completed when we got those who were interested and gave the names to the countries when they inquired as to why did a country use a firm is their business between them and the firms, Now, I do know, in a couple of instances particularly with Creative Displays that they came in very high in their negotiations or bids with a particular country and the country being a business person said why should l take something for this number of dollars when another concern will do it for this number of dollars? Well, business is business, Now, l'm sorry that all of the companies 84 FEB 281978 could not get something but when vuu negotiate :t country with ra business which is their prerogative then that's ttsi. husiness and not our business, out job was done in doing that. Backing up a moment to the manual, Mr: Marne There was an example in the manual of furniture, partitions and this kind of stuff to let the people in the countries know that they would need to get this kind of..some kind of furniture. They wanted to know what it was so we said well, we'll give you some examples. We used the a sample of the firm that was mentioned, I don't recall the name now and that was theirs as an example of the kinds of things that you would need to have at a fair. 1t was not saving that t h i s is what you have to buy, or tent or whatever. It was an example. What you would need in the fair. Now, that is what was in the manual. Now, when we came to the point of having to construct at the Fair or those activities that were required by the City to furnish as a part of our responsibility in the Fair that would be -certain service booths, the...some offices that we had to create, storage areas, some lounges, some areas such as that, that is what went out for bid with these specifications and these drawings and that is what went out to and was mailed to about 80 companies of which Creative Displays is one, G1-r„i.a Klein is another, Construc- tion Contract Convention Constructor is another, Greyhound Exposition is another, Biscayne Engineering was another, and there are 80 of them in this list that you have before you. These were all mailed to them of the advertise- ment, a mailed advertisement asking them if they would want to bid, sending them the advertisement that if they wanted to respond, they could. There are some who responded. We had six who responded, Creative Displays responded, Convention Contractors responded, Broward Builders responded, Biscayne Con- struction responded, Wayne Blackwell Co. responded, F. W. Dodge --of course, that's purely information, the Miami Builders Exchange is purely information, those were the ones who responded whenever they picked up their documents we had them sign out. Mr. Gunhy picked up his and he signed for his, Conve- tion Contractors signed for theirs, others signed and this is the document which they signed whenever they picked up the bid documents. That is, the document,; the drawings and the specs for just those items that the City was responsible for in this Fair that is what is before you today. When we received all of the bids --or let's say-- when we received the information back we had only two people who submitted. Let me back up one point; six people picked them up. I kept in contact with the Public Works Department to see who was picking up, whether we were having a good interest from the various companies in bidding on the particular project. They indicated at one time that look, no one has picked up anything yet. So I said well, give them all a call and see if they are having any problems. We called them. In certain instances they said that the problems were with the bond or with the insurance or with the time and they varied..some of them had a concern, others had only one or two concerns. Okay, what can we do about this? When inquired again no one had responded. Accordingly, I asked them to give calls to them to see whether they could maybe if they could get together..any of them could get together in any way. We said no one get with no one per se. We suggested that some of the larger ones and some of the smaller ones get toge- ther. If you can't d6 it individually, go collectively, go collectively but we've got to get the project. We've ;n* to get a good bona fide bidder to the project. And this is the call that was made to all of the concerns to see if they could get together and talk to one another and jointly come in with something. Mr. Plummer: Mr. Crumpton, let me stop you right there. The business person who calls and says -join with someone else, called and said -join with Biscayne Construction. Mr. Crumpton: Let me have that person coine up here and tell you what was done. Mr. Harris: My name is Joe Harris, I'm the person who was not mentioned. I work for the Department of Public Works in Specifications and contracts. We. as Mr. Crumpton has explained, were going to receive bids on this particular job on January 27. By his instructions, on January 26, he stated that --are we, or do we have enough bidders on this job, are we going to receive a bid? And he suggested which I did too,to stay, well let's call them and find out. I took the bidders' list, of which you have a copy, and we called each one of the concerns and asked them if they were going to bid on the job, All of them said -no, because of the performance bond, or I cannot afford the insurance, or the time is too short, the liquidated damages are a thousand dollars a day, we can't afford this, I suggested -of all the bidders that were on the list 85 FEB 2_..178 Biscayne Construction was the largest. They had dondono with the City of Miami before, they did the Republican National Convention on Miami Beach.+so that's why they picked up plans and specs and I suggested to ail of these firms that possibly somethinu could wcrk outhan statt with Biscayne ' Construction or getting together somehow-- I said we need a bid, this is very iifitportant for the City of Miami, the Trade Fair' and we have to cote up with some sort of a bid and when I spoke to Creative Displays They were interested in this agreement. I spoke to a couple of others and they said they would contact Biscayne, I spoke with Biscayne and I said I would ;give them the names of the others people so that would contact all of them. All right, the way the thing was going it looked as if Creative Displays and Biscayne were getting together. Great, we are going to have a bid, even if we have one bid we are happy at least we got the time limit involved in this was so short, At least we are going to have a bid and we'll get the job done. Mayor Ferre: Mr. Harris, let me ask you. How long have you been with the City of Miami. Mr. Harris: Twelve years, Sir. Mayor Ferre: Have you ever done that before? Mr. Harris: Yes ,several years ago we had a rush, rush job and we were trying to get people together to bid on a particular job. Just to show you, this week we had 80 ads mailed out and we had 19 bidders and nobody submitted a bid on the job, but this job being so important we were trying to get something worked out. Mayor Ferre: Mr. Harris, I'll tell you, my personal opinion. I admire your courage. 1 am not in any way questioning yours or anybody else's integrity. I question the judgment. Charlie, I recognize the near panic that we've been under to make sure we don't fall flat on our face, but I submit to you that when an employee of the City of Miami tells a potential bidder knowing... Mr. Harris: No, he is a potential bidder but he wa3 not bidding on this_inb, all of them said they were not going to bid on this job. Even Biscayne Construction. Mayor Ferre: Hear me through, Mr. Harris. The point of it simply is, you know how the construction industry is, it's a rough, tough business. I mean, you are not a novice at this, you've been at it for 12 years in the City of Miami. When. you get out on a limb like that it seems to me that the implications of it might be misinterpretered .... as obviously it has ... You are dealing with a very. very, very touchy item assuming'full integrity and good intentions. It seems to me that something like that is of such u' gnitude that you've got to tell Mr. Crumpton what you've done and then Mr. Crumpton, excuse me, I think you, as an Assistant City Manager, are really...,n such an important potential problem, on such an important stuff for the City, it's really incumbent upon you to tell the Manager so that we have full information throughout the administration and it should be fully documented, as to exactly what you said to whom and at what time. And this should be on the record ..o that these type of questions don't come up. Now, I understand why the type of questions, yes I know you are dealing with apples, and oranges, and all kinds of other things but the problem is, you know, that that is not a very good analogy,.you know, of apples, and oranges, and I certainly hope that we can get this very quickly clarified and documented so that there is no question that we that are not only dealing in good faith but with complete integrity. Mr. Crumpton: Well, we were, Sir. Mayor Ferre: I don't question that but there are others here who have and there are members of the public, and this is a public forum, and this is something before the public, And we in the City of Miami, especially in the City of Miami since we don't have too many friends in certain places around here, have got to be like Caesar's wife, Mr, Plummer; now, Well, where do we go from here? That's the most important thing Mr, Crumpton; Mr, Mayor, members o',,,let's us finish, Mr, Plummer: Mr, Crumpton, I think as a Commissioner, Sir, I will pre' -erupt you, FEB 231978 Sir. You know, we are out on a limb, as the Mayor said, and my great concern today is not only about the r+robicrti. And if the problem is in fact teal. Now, the problem that I have is t .++-fold. Number one, the work is already being done, the Fair is March 10 and we have our backs against the wall. And really what we are doing here today is not awarding the bid but ratifying the action of the City Manager. Now, somewhere I'm losing something. Somebody has got to help me out bete, and what I'm losing is how we have circumvented --at worst-- our procedures and taken it out of our hands and put it into the hands of someone else. that bothers tne. I question Mr. Ley's participation in writing the spe+s or sitting as an approval of bids. That bothers tne. Now, the thing that I think is the crux of the whole matter , Mr. Harris ...was it your decision to make the Biscayne Company the chosen company to ask he others to participate with. Mr. Harris: No, Sir. Mr. Plummer: All right, whose decision was it? Mr. Harris: I was instructed by Mr. Crumpton to call all these concerns and not recommend any one but just for all to get togetler, for any one to get together. Mr. Plummer: But did you at any time recommend to any one of these people that you called that they get in touch with Biscayne Construction? Mr. Harris: Yes, Sir. because Biscayne Construction was the only one qualified on the list that could afford the insurance and could come up with the performance bond. Mr. Plummer: In other words, you made that decision on your own. Mfr. Harris: Yes, Sir. Well, that was the only one on the list..that he could everyone else was complaining about this. Mrs. Gordon: Is that how "Met" came into being?..Is that how it was born? Mr. Harris: That, I don't know. Mr. Gunny: I'd like to raise the question..who is Met?, and who operates Met? Charlie, I think when you and I talked you gave me a quotation that the City of Miami will only select the lowest bidder that is reputable and a firm with a history of operation in the City of Miami, that's the policy of the City. Mr. Crumpton: That's absolutely correct. Mr. Gunbv: And who is Met? Mr. Crumpton: This contractor's fact sheet has been furnished to the Com- missioners today, I just received it two days ago, it would be a part of my response to your letter. Met ConsLruc !_an is at 355 N,W',54 St., Miami, Fla. Telephone number is 757-9504. Their principals are M.E.Threlkeld, President, or Al . Met Construction is a newly formed company, a take off from Biscayne Construction. They have a State's Contractor's License and a County Municipal Occupational License. They furnished the performance bond. the bid bond, the insurance; they have a subcontractor,Convention Contractors, of John Elko . His telephone number is 836-1432. Met Construction has complied witn all the contract documents required by the terms of the City contract. They also have concurred with the liquidated damages of $1,000 per day of delay. To date, the in-house fabrication of construction is on schedule and is being Installed. They presented to us a responsible, reliable, low bidder for this particular project. Mayor Ferre: Mr, Crassie, what do you recommend? What is the administration's position on this and what do you recommend we do and then perhaps the City Attorney „ if he wants to add to it, and then we will see what the will of this Commission is. Mr. Grassier based on the record that has been presented to the City Commission, Mr, Mayor, members of the City Commission, 1 think that our recommendation is that you go ahead and approve Met Company as the company doing the work for the City, Now, if after all of the discussion that we've had there remain questions S7 FEB 231978 well be happy to go through ail of that again with anybody. Mayor Fette: Okay. Is there anything, Mt. Assistant City Attorney, that you want to bring up that you think we should do or shouldn't do at this juncture'' Mr. Alvarez: Mr, Mayor, at this point, there is nothing that I can see ekcept review the record as to..if there ate any legal improptiaties that could be cured, assuming there are such..I just don't know..this is the first time it comes to this Commission. Mr. Swituner: Mr. Mayor, may I ask one que!.tio l? How many electrical bids were taken for this job? Mayor Ferre: Mr. Crumpton? Mr. Crumpton: I'm sorry, I had meant to give answer to you and I'm sorry I didn't. In our agreement that we have with the Merchandise Mart Expo Center the statement...I'11 get it for you and give you a copy of this and you can take a look at it, says that the electrical..all the electrical connections and everything that had to do with connecting this particular Trade Show with the Mart would be done by their in-house people and it is in our agreement with them. Mayor Ferre: Would you see to it that he gets a copy of that? Mr. Crumpton: I'll give him a copy. They know the building, they don't want anything to happen and they have it in our agreement that we must use their in-house people for all of that. Now, as far as electrical for each within the booth or however that design is done, if there is such a thing, then any of the countries that have contracted with the decorators and so forth then they would get with electricians...that is not our responsibility on that. Mr. Swimmer: When I spoke to you, Mr. Crumpton, didn't you tell me that I would have an opportunity to bid on the electrical when they decided what the electrical would be? Mr. Crumpton: Yes, Sir, I said that and I apologize for not getting back to you to let you know that it had been bound into our agreement with the Merchandise Mart. Mr. Swimmer: Of course, the contractor that's doing it, I don't know whether he is termed an in-house contractor because he is my competitor and that's why I asked that. Mayor Ferrer Is he specifically named in the contract? Mr. Crumpton: The name per se no, Sir. Mayor Ferre: So, in other words, arc legally bound with the owner of the Expo...whatever it is. Mr. Crumpton: We are legally bound to use their particular...whoever they use and I don't even know the name. Mr. Swimmer: Well, except that Morgan and Mr. Sacks when I spoke to him , as I understand- in charge of the Mart... Mayor Ferre: Sir, we'll give you a copy of the written contract and you can have your attorney check it and if you want to come back before this Commission we'll be happy to recognize you in the future. Mr. Plummer: Let me ask one other question, Mr. Gunby , Sir, refresh my memory and for the record. The reason your firm did not bid on this contract was why? Mr, GUr:k'y: Number one, time, the time element was impossible, they wanted the work done in three weeks..it was impossible to complete the work properly and in good Workmanship manner „you just don't do it, So, we decided earlier not to bid,then we decided again that we would go in with the Biscayne Group and l had spoken to Charlie about that, The decision of mine was made not to go in with Biscayne quite simply because of the remark that was made on the phone as contained S8 FEB 281978 in your letter -if we run out of time we'll call in a number of subcontracting shops and get it done, and this is not our ,ty of working. Mr, Plummer: Is it common in the industry? Mr, Bunbyt No, Sir, Not in our industry, but Biscayne is not in out industry, Biscayne are contractors, they are builders. We are display builders, trade show people. We've spent thousands and thousands of dollars over the years to bring ttade show people from Dupont, I.B.M. -that built the beach, that built Miami because we have to be union, we hay.. to be a union shop to deal with them, and then we are told that the City must select the lowest bidder no mat- ter, so we don't even get a shake at it, any time, ever. Mayor Ferrel Sir, it's 4:30 P.M. now and we still have to get to a 3:00 o'clock public hearing which we've delayed and I'd like a full Commission here on what- ever we do on item 42. So, with your permission if you could stick around for a while let's wait until Commissioner Reboso gets back. In the meantime, if it's all right with the rest of the Commission, --Commissioner Reboso had an emergency that he had to attend to and hel 1 be back in about 5 minutes and then we can pick up item 42 again. In the meantime, I would like to get to the 3:00 o'clock public hearing. 1 r 1► FOURTH YEAR COMITY VELOIINT PROGRAM. - AUTHJAI2E C'TY MANA6EA TO PILE APPLICATION EOR FUNDS, Mayor ?erre: All right, Mr. Grassie, we ate now on item 23 which is a 3:00 P.M. public hearing. Mr. Grassie: Yes, Sir. We would like to have Dena Spillman introduce this subject for you. Ms. Spilltan: Mayor and members of the Commission, as you are aware this is the second public hearing on the 1978-79 Community Development application. The tetito you have before you responds to the questions which were raised at our last hearing. I'm not going to go into those with you as we are late now. What we would like today is for you to pass a resolution authorizing the City Manager to submit an application for funding. As a result of the first public hearing, we are still recommending the program that we were recommending two weeks ago, and I believe there are some people who wish to speak up. Mrs. Gordon: Dena, before you put people on to speak, I want to ask you a question. On page 12-5, under target area... have you got these papers you gave us? Okay?.. it wasn't in this week's agenda, I got this from last time... Ms. Spillman: Commissioner, I don't have...does it have another it? page number on Mrs. Gordon: The only number on it is on the bottom and it says...it's under the Public Services section not the Capital Improvement. Ms. Spillman: Mrs. Gordon: Ms. Spillman: Mrs. Gordon: last sentence says 'durJne you see tna Ms.Spillman: What target area? Target are Little Havana. Okay, just one second. Okay. My question, Dena, is the expansion of Child Care Service Program..and the under the Dade County and City of Miami recommendation. The last sentence the interim, proposals will be -solicited from child care agencies'.. do All right. That's Dade County will be soliciting those proposals. Mrs. Gordon: Well, it says 'and Miami and City of Miami recommendations'. Ms. Spillman: We are recommending no new social services, their response to the question-- and we should have put ours in here and we didn't--, is that they are going to handle it in the way that it is stated. Mrs. Gordon: Okay, what you are saying,then, that you disagree with Dade County on that, that there will not be any solicitation, is that it? Ms. Spillman: No, I'm saying that they will solicit, they also get Community Development funds and they have stated that they will solicit proposals. Mrs. Gordon: Well, I don't understand something very critical to this whole issue. The City of Mia:ni,apparently, is underfunded with regard to the Day Care programs, there has been a cutback in the amount of moneys and some of the moneys that were raised parents' fees were put back into the general fund in the past 2 years; therefore, what I'm trying to understand and what I cannot understand is where is the economy in setting up a whole new system of Child Day Care rather than under one City of Miami sponsored. If Dade County wants to give money for Child Day Care, why don't they give it to the City of Miami so that City of Miami can expand the program they have already got? Now, this is what I don't understand. Ms. Spillman: Okay, I think that we need to talk to Dade County and let them know that there is an interest, -if there is one-. can't speak for Mr. Parkins but we can certainly let them know that we would like to run the program and talk to Eileen l,otz about it. Mrs, Gordon; Well, 1 don't know whether M. Parkins wants to talk to me at all, but if he does then maybe he wants to answer the Question, Mr, Parkins; Of course I'd be interested. Could I have the question again, please?... As I understood the question was, would we be interested in receiving 90 additional funds from Dade County? Mrs. Gordon: No, the real crux: of the who e thing is an expansion of bay Care,.okay? We go back a number of years tooether in an interest.: a mutual interest in the care of children, am 1 corre,:t: Mr. Grassie: That's correct. Mrs. Gordon: We have talked over the years about making this building suitable for a day care facility requiring some: Cr;p.ital Improvements in order to do that and then proceeding into the expansion of the day care program. You had indicated to me on numerous occasions that you really weren't too much in favor of the expansion into this area of a day care facility. Mr. Parkins: In Little Havana? Mrs. Gordon: Yes, you had expressed that you didn't care to expand the City of Miami program into it and for the reason being.... Mr. Parkins: That's not correct. The Day Care Advisory Committee, if you recall at a meeting at the Holiday Inn, decided that they felt they did not want to expand the Little Havana Community Center and we had the Catholic Service Bureau's proposal in order to provide day care at that particular location. Mrs. Gordon: The Catholic Service Bureau? Okay, I have no gripes with the Catholic Service Bureau, in fact I'm hesitante to say on the record, the comments that you staters to me at that time with regard to why you felt it's be better that the City of Miami did not expand another center into that facility, okay? And you know what I'm talking about. You don't want me to rer,eat it now, Cie you? Mr. Parkins: I really don't know. Mrs. Gordon: Dry you really don't know? Mr. Parkins: No, if I remember correctly... Mrs. Gordon: Shallwe say then that the... I don't want to... I am very... it's a verb, touchy subject but it relates to the director's... Mr. Parkins: Oh, all right, there was some concern by some of the Hispanic members of the committee as to whether or not there would be hispanic teachers in the day care program. Mrs. Gordon: No, director whether or not it would be a good idea, in fact it would not be a good idea, to have the director who was a director, who is our director, operating a center there because of the different ethnic back- ground, okay? All right, I put it ':2.:y m*.ld. Rev. Gibson: You agree with Mrs. Gordon in that, that's what you told? Mr. Parkins: My understanding of the conversation was specifically the reference to the concern that some of the hispanic parents might have that there be pispanic teachers to provide the day care service to their children. Rev. Gibson: That's wasn't what she said though. Mr. Parkins: I recognize that. That's what I'm saying.,.. Rev. Gibson: That isn't what she said, that Mrs. Gordon is not telling the truth? mtr. Parkins: I'm not saying that, my understanding is.... Rev. Gibson: Well, let's find out , I want to know, man, you know, 1 sit up here and I watch some of these things these days and it gives me, make me mad and mad and mad, Is she lying or is she telling the truth? Mr. Parkins: I don't believe that I said that Idd not think that the Hispanic 'earents would wish to have Ms. Char: :ca. as the Adminiitrator of that program. 1 do not believe that I said that. Rev. Gibson: You know, if we are creating department around here, I want to Make sure everybody understands that whoever run this department is chosen by the City man.., they are going to be the department t-eads. Mrs. Gordon: I just wish to say there were more than one person that heard the comment , so, it could be easily verified. r.ee. Gibson: Man, you know, I hate to believe a Commissioner within a public ;fleeting because I guess she is human and you are human but I have some real concerns, Mr. Mayor, and I want everybody to understand I'm going to watch how these chips are flying from hereon end because don': think that Affirmative Action we are talking about and all that business means a damned thing in this Commi?;.iOfl when you get to certain actions, that's right. And I want that for the record. That's right. And I question this item now, I do it with serious or . real gut reaction. I think we've got to be honest in this Commission a;',za we've cot to stc:going throuch the back door anc having it outdoor anc then, you know, come on in here and then, you know, chat happened over there ain't _.ue. Mr. Plummer: Okay, where we go from here? Rev. Cibscr:: It's serious for me, for a Commissioner to say what she said tiler, you say no,arc then you know, we are going to pass it up lightly. All right, I'm going to see what is going to happen. That's right, it bothers me, man. Me. .;eillman: May I suggest that we let Dade County know that we have an inter•st in any funding that they might .... F.ev. Gibson: And we want to let .. , want to do more than just let them know,... eca:ue we need to be more specific and definitive than that. Mr. Plummer: It's cominc uc. :rrs. Gordon: We want to let them know that we have an ongoing program which we wish to receive whatever funds they want to make available to that program. Rev. Gibson: And send all of us a copy of what you said too,I could read. Mayor Ferre: All right, anything else now? All right, Ms. Spillman. Ms. Spillman: All right, I think that we can hear any comments that might be. Mayor Ferre: How many members of the All right, we'll start with Ms. Bella your names to the Clerk and I'll call All right, Ms. Bella Smith, the Opera Center. Go ahead. public wish to be heard at this point? Smith and the rest of you,would give you in the order that you present yourselves. Repertory, Inc , Little Havana Community Ms. Smith: I would like to talk about a program at the Little Havana Com- munity Center. I'm sorry to say with all the logistics of the production I haven't been able to invite any of the members of the Commission to see our performances. We have given two musical comedies-- Gilbert and Sullivan in opera and another opera scheduled for April 30, at 2:30 P.M., if anyone can attend. Themes productions have benefited many residents of Miami since they were 'ree. Initially they weren't but we invited all the seniors from all the senior centers who attended. What I'm here for today aside from asking for approval of usage of the facilities; which I'm to meet with Mr. Parkins about _text week- is augmentation of funding for the programs which have been $250 .per performance to cover the cost of lighting ana-rental of the auditorium ..::,d aircorditicini;,g. Our costs run from a $1,006 to $1,200 per performance. :;urine the course cf these performances one of our students performers bas won a scholarship with the rlorida International University and a major opera cone any. In addit.on we presented senior citizens --one 76 years old and another one was un her 60's, will be appearing with us. These are• both retired members of the .!etropolitae Opera Company. I wonder if the City could consider augmenting the fund.: for support of these programs. I have a tape mere from one of the e.erformangea, I don't know if you are allowed to 92 FEB 21 a 7 i play this sort of thing. Mayor Ferret I' are grateful for avail themselves on the tape, I'm Performance. We hours Mote and I m afraid that this is, perhaps. not the forwTI for that. We certainly your invitation and I hope tha, members of the Commission will of that and have the pleasure of seeing that rather than sure the tape is good but is not as good as seeing the have about 20 speakers and I'm afraid we'll be here for a few think we'll better let the tape go for another time. Ms. Stith: I understand. Mrs. Gordon: You aren't having any further problems with relantionship to scheduling the programs, are you? That was what your major concern was when you were here before . Ms. Smith: Yes, to utilize the facilities nt Little Havana for rehearsal. Mrs. Gordon: You don't have any more problems with that, do you? Ms. Smith: Well, I have to meet with Mr. Parkins, I won't know until next week whether is going to be.... Mrs. Gordon: Okay, then you just proceed as you've been asked. Mayor Ferre: All right, Mr. Parkins, this is a matter that has come up before the Commission several times, I would hope that you would meet with Ms. Bella Smith and if there any more problems theti yNil would bring there back to the Commission for discussion. Mr. Parkins: Very good. Mayor Ferre: All right. Thank you very much. Next speaker Mtr.Jose Mendez. Mr. Mendez? Mr. Mendez: Thank you, tom-. Mayor, Commissioners,before I forget let me ask this Commission to do something on behalf of all those chairmen and chairpersons ir, the City of Miami in Community Development. It has come to our attention that Mr. Jorge Perez, the Community Development Coordinator for the City of Miami is leaving and the end of March and we have discussed among ourselves, we have decided to petition the City of Miami, this Commission, to publicly recognize Mr. Jorge Perez to commend him for his outstanding work in the last two years. So with all due respect, I present that as a formal request to this Commission so whether they decide to do it today or whether they decide to do it the following meeting that Mr. Perez ae recognized in his outstanding work. on Mayor Ferre: With the authority vested on me by the Charter I would so request that it be done. Mr. Manager that we recognize Mr. Perez officially for his fine work as he leave the City. Mr. Mendez: Now that I have commended one of your employees let me present my grievance. Our position in the Wynwood community stands as it was a couple of weeks ago. We feel that in order to... let me hold my horses until the two Com- missioners are able to listen... Mayor Ferre: All right, Mr. Mendez, are you through now? Mr. Mendez: No, I haven't started. Mayor Ferre: Well, then you have three more minutes. If you would take three mii.utes. Mr. Mendez: Mr. Mayor I'm not going to argue with you but if I have waited for two hours to speak before this Commission I think I owed that much respect. If I come here to speak to you I think you ought to be able to listen to me, Mayor Ferre: You have our respeLL, you also have three minutes. Mr. Mendez: Our position is the same as it was a couple of weeks ago, There is going Po be approximate 300 families that are voins' to be displaced from 0148 particular area and our position is that if you are going to displace those IIIIIIIIIMMM I EMI - 93 FEB 231978 30C f,]n_ files you must guarantee that e .-F,n fi ci.. r 1es from i_nis area are not going to be `_hose n'erinants that are :o `O run oack to t.'_._lr oent ruses cr whatever at night that we also, the resiC,enti of t.h it community/ are going to benefit froth the development of that land; t at leople in that area be given the first choice in the first bidding and we have s>iling 'pillos' in this audience right now that own land that particular area and we would like for this Commission to take in consideration that trey also would like to have a first crack when, the first biddies starts `.n this parti.cul.ir area. Our original .1tion 1 have prea(nted it to you as 1 Said Letor'_ is still OUr portion. Thank you. Mayor Ferre: Ncndc:'., _ might 5:3y that It as one vote neretsubscribe_ to the idea that ,eop.e in t.ne affected area should always have priority; and therefore, weild s' ib e to tire premise of the philosophy of what you stated here today. So, thank you •.tery much. All ri jh:, the next speaker is Mr. Orlando Urra. :ALL. Urra, how much time do you need? iiti::SPO;:S.E MADE OFF THE RECORD) . Maor Ferre: Ali right, we have the following speakers and I want to make sure c`.,t we aon't have any other SO that we don't get into a problem later on. After %r. Ur:,, Mr. Harmon --Mr. Nimrod Harmon--, Mr. Mario Cruz from Allapattah; c.::iine Brown; Pat Keller; Mabel Jackson; Ruth Scott; Mercedes Zuniga and that sakes ) speakers. Does anybody need more than three minutes? Is Mr. Gutierrez Ali right, if Mr. Gutierrez arrives will give him three minutes too. ,-,Noe anybody else need more than three minutes? All right, Sir. Mr. Urra. (:"FAANSLA :ON FROM S?A NISH) :'i . Urra; In the :first time 1 would like you to know how the community of Allapattah has participated on this Community Development process. We have been In" kin . with the Task Force ir, that community. The community has decided to support the whole package presented by the City of Miami Community Development planners as the best for the community. We are worried about on this community ;:anticipation because he have taken in those places sometimes a majority decision made following the Federal guidelines and then maybe one person or two persons r,:.rcrity have gone to helping to us in the County Commission and decisions made by the majority of the citizens following the democratic process have been turned down by the, for example the County Commission. I have been elected by the Allapattah community in elections being regulated by the County Election Department with more than 4,000 people have participated.We think we are going to be working with the community and we will do what the majority of the community decide to do. This year the community has voted to support the whole package presented to the community by the City planners...." Mayor Terre: To the Commission. Mr. Urra: To the Commission by the City planners. Thank you very much. Mayor Ferre: All right, Mr. Urra, thank you. T e next speaker is Mr. Nimrod Harrison. Of Edison Little River, Mr. ',Nim e.: Nor. Harmon: Mr. Mayor and Commissioners. My name is Nimrod Harmon. I'm chairman of the Edison Little River Community Development target area, and I call myself a pretty good hard worker but anyway I just wanted to go down on record that I am in agreement with all of the Fourth Year proposal application program that has been presented as has come through for us which I appreciate this very, very much. I wasn't here on the last two weeks because of illness. I'm one type of person I never miss but if vnu don't see me around you know onnd aN? than snmethina has hanne,ned to Nimrod_.Rpv. .ihson knows that. And also let's give a little praise for the City of Miami Community Development office. Z think they are doing a wonderful job, seem like every time I call my good friend Dina Spillman, she is right on the job there and she gives me all the ir.forrratior. I want; now, what more could a committe man want than to get the information when he wants it and at the time he wants it. Mrs. Gordon: Can ask you a question, 1 know you are doing a job and you are conned with the area. You know, the Haitians are very much in need of a Say care center three and the City is running it but we don't have money. Would you recommend some of the CD moneys that you_ might have availabl: from your area for that program to be expanded and operated properly? Mr, Harmon; yes, I'm in accord witn anything. that would help the community and FEB 2 31978 the people in which we live and we do have a representative for the Haitians, Mrs. Duceney. Mrs, Gordon: Sure, I know. Well, we are trying vor,• desperately to keep a program going there for the children but we just... we have a limited amount of money in our day care program, as everybody knows, we've been stretchinc it to the bone and really and truly if you make that recommendation through your task force committee,it will certainly make an impact and the children will get better care. Mr. Harmon: Thank you, I wish to do that, I certainly will do that. Mrs. Gordon: All right, you do that through Airs. Spillman, okay? Mr. Harmon: And there was one more gentleman there, Mr.Schwartz, is he here Ms. Spillman? 1 want to recommend him too for the good work that they are doing. All them in that department is doing a wonderful work along with the Com- mission and also Mr. Grassie. Mayor Ferre: Thank you Mr. Harmon, we appreciate your kind words. You know, we in this Commission are always hearing criticisms and problems and all that; and so it's nice to have a person come and recognize the work that done, the positive work and we are certainly glad to have you up and about and we hope your health continues to he good. (UNKNOWN COMMENT OFF THE RECORD), Mayor Ferre: Well, we'll be happy to recognize you anytime you wantto come here. All right, now, Mr. Mariano Cruz from Allapattah. Mr. Cruz: Conmissicners and Mayor, my name is Mariano Cruz, I live at 1227 N.W. 26 Street in Allapattah. I wholeheartedly agree with the whole package presented to you by Community Development for the Fourth Year. One thing I'd like to sav that, this decision had been taken by a community --this community now is participating , is part of the City is not like before used to be because I've been living in Allapattah since 1965 and very seldom I've seen a things being done in Allapattah other than the last 2 years since the community is participating there. So, this is the time that we should, like you want that community to keep participating the way it is participating --everything, elections, the whole democratic process-- oh, that decision of the community the way the decision was done was the democratic way and that decision even if you see few people here that thousands of people who live in that community participated in that process. So, I would like just for you to know that we work in there, I would like the Commission to be working with us too, it's a two way street. Thank you. Mayor Ferre: All right, Thank you very much. All right, the next speaker is Pearline Brown. Ms. Brown -Concerned Parents. Ms. Brown: Mr. Mayor, ladies and gentlemen, I have a letter from the concerned parents of the children of Miami day care centers. Letter of concerned as to quality and progress of child day care centers. The parents and guardians of children in day care centers operated by the City of Miami are vitaly concerned with the quality and care, the treatment of what children enroll in the present program. Mayor Ferre: Excuse me, Ms. Brown, are you talking about Community Development now or day care centers ? Ms. Brown: Day care centers. Mayor Ferre: Well, I will recognize you as soon as the Community Development discussion is over and that time we'll recognize you, if it's all right with you. This is strictly on Community Development. M. Brown: Yes, it is. Mayor Ferre: All right, we'll recognize you,.. you are not talking about Community Development, are you?. We'll recognize you after the CD,,, 95 FEB 2 31918 c ...,._ r.a_r at _ related really ly refers:: :.L .-.1L o: which is resulting in a Mimi 11:7. t.1. o the car, . . ns. 2rcwrh: The care of the childre.. a, alfo .;t' dedication! Of program too. Mrs. Gordon:. .. and so is related indirectly, (k. when we hear t'ne rest of it you can come back. Fe rr : Ms. : rcwni we will reeonize you as soon as, the Ocrnmunity _ e'v :lop: _nt hearing is over, alright? Now, Pa-. Keller is the next speaker. ME. Keller: 'J.od afternoon, ...'m Pat _eii r, tie Cfor for the hJs_. _r.:l Development through the Alia7attah, .an you hear me? First of all, Armando Gu t ier'rec , who is going to be 'ere today to represent the l �t . r ssona t: I'T., afaid that 1:'.. A.:_ ?.�ai. �d:/ `�uSirleSSrlE.. A J4�.+.:-3 iVl:. and 1 he got COniuseu b t:.': sn City and County Co1mMiesions , at any rate, 11 would like to have that be a matter of record, that he was going to be here and make his : :e_ -._3t lii].0 I can't .af` it lr'^ 11MLe:Q .Je J don't know 1'Just exactly t his presentation was going to be. The other thing that concerns me _s I'm very concerned about Allapattai: AS you know, I'm very concerned about the fact... well, several things, I mace Lne iu ntati0 1 o you, I will not repeat that pr3Sentation. One tni to `.:,.t has bothered ,pie is I have sent a mailing list to Dade County which ir. _ _'.1:yet ...any of the mez harts cn 36tn Street, many of my black brotnel. e _ ::^� , nd these people have never received fliers on Co7.lmunity e ._op,ren: L . I'm very, very concerned about this and I know you would ham. ny co: yip_.,. New, to my presentation, ar:d then I will give you a the presentation. I propose to show: you and I'm going to be selfish ✓o . _ this, that we need as much money allocated to the pa:'.k. ` o _hw.e st . You':' have to forgive .it ladies and gentlemen, but I o n' t feel like 7 have your attention. I don't expect you to sit down . Plummer, the way the other gentleman did, but _ would like your attention, if I may. At any rate, I propose to show you that we need much money allocated to the park at N.W. lEth Avenue and loth Street it has been allocated to the park on N.W. 28th Streot. The 16th Avenue rk hes been allocated $30,000, and the 28th Street park has been allocated : ES ., C00 . We say this is unfair. WE submitted the plan for t..e development of an active park. I'm going to show that plan to you in a minute but I don't want to take up your time. To City Planners we know our needs, we kn-,wa our area has few o::d people and few young people and it is mostly an area of apartments. It does have office workers and school age youngsters and young ar.d middle age adults who need an active park. Therefo_ .., we do have pans for an active park. City Planners and their usual lack of wisdom rresumably plan a passive park, thus as usual the City Planners ignord; our plan. One word from us and they do exactly as they please and they state that the park _ll consist of play apparatus, landscaping, .eating, and irrigation, r all of which we need like a .i _ri The head. None of these things o S will address the needs of the Civic Center Arta as we see it. Instead, w . want a mini -vita course, a multi-purpo: e ball court with a minimum of formal landscaping, just the shade of the oak trees now on the property. We feel this will meet the need of the people who w� :1 use the park with practically no maintenance or the City of Miami to concern itself with. Surely we're entitled tic the same amount to develop our.park as the park on 28th Street. We understand the 'property acjacentc tc the park in question is ihvailable for very little ;ric.y. We would like to purchase this proper-y so that our park can be developed as noted. Therefore, for the reasons I've stated we are eking for the CD allocation of our mini park to be the same as the 26th Street park, that is $50,300. I'm going tc submit to you the p':,en that we have submitted to the City of _'�1<: h: which of course, hey ignored, ar.d also my py esentation, and ti.ank you very *much for Listening tc me. o_ r'erre : Alright, tnank you ar v mucn Ms l Rev. e4.:.so... Mr. Nayor, can I ask a qut:Jti,of ayor r erne cC.f course. FE S 2 31978 1 Rev. Gibson: Ms. illman? Ms, `,pi11man: Yes, Rev, Gibson: She said, that the people n 36th Street who are doing business don't receive your fliers. Ms. Spillman: I have heard that from Ms. }Keller. I've heard it recently and we will be contacting the Community Action Agency to make sure that they are informed. I might add, that my staff and I have Set personally, with several of the bankers and Ms, Keller in the area. We are aware of their problems and we're embarking on a plan of action for that community right now. Rev. Gibson: Well... Mayor Ferre: Ms. feller, I have on different occasions in Washington seen the many letters that you've written to the different agencies and to the Atlanta offices, and I recently received copies of the answers from Mr. Buskirk. Are you satisfied with the answers? You're not, I secs. Ms. Yeller: I am going; to may a statement Mr. Mayor, for the public record. .... Letters that I have written to showing I wish to have certain people put on mailing lists. To the best of my knowledge theaP people have not received notification of CD :r stings Tn fact. T would sav the majority of Allapattah is not aware of Cd monies. Rev. Gibson: May I ask another question How do they arrive at getting messages o'it to th•_ people: Don't you use the same method as, for the people who are not on 36th Street as you use for the people or. 36th Street? `p llmar:: D. I want to clarify that we currently contract with Dade County to provide that service for us. Now, we are in the midst of investigatins a city run Citizen Participation Program that has not been finalized vet. so understand that. My understanding is that fliers are sent out in the community ads are placed in local newspapers as well as the Herald, the Miami Times, and other papers, there are radio announcements and sometimes t.v. spots that generally advertise all our news. Rev. Gibson: I see. Let me ask the second question. I want -- Mr. Fosmoen, I want to make sure you hear this, because I saw your reaction. These people are sayin' they want an active park and I think the Commission ought to hear this J. L. Plummer, I didn't say no dead now, you don't have to worry about the dead hear.... I want you living, I want you to hear this. These people are saying that they want an active park and from all indications that they're not getting what they're asking for. I'm very concerned, you see, and I'd like to, well, let me put it thia way. Are you giving them what they don't want or are giving them what, or does she want what they don't want? Ms. Spillman: I think I can clarify this. Mayor Ferre: Alright, why don't you? Spillman; We have not started any planning or design on this park. We have recently acquired the land. We will be going into dosi!:al shrtly and atthat time we will be pleased to meet with any interested .:i .-yens on proposed use of the park. There were no plans. Mayor Ferre: Alright, I'd like to make a statement. If I may, Father, I understand the concern, and I'd like to make a statement on the record, so that we all understand. My only concern and my only problem is a problem as to whether or not there has been sufficient notice and information, Now, as long as there has been sufficient notice and information and if 4,000 people gather together and vote and elect a committee, as far as I'm concerned, that committee if it represents the majority is going to be the one that's going to decide a lot of these things; however, that does not mean, Ms, Keller, that whether it 97 FE8 2319st3 :nr.r:. , or five people ha _ i minority or a dis.ident :O1.CC' —at yours should not be hearC. think tat minority voices shop- ..= heard. . t r+ap; ens that y'od aZ. at t: i,. point, and have been evidently, for some 7ears in t;-.e minority, in that particular area. Now, the fact that you are dissident in many or these things, you are completely within your rights, you are entitle& to be heard, and should be recognized, even though, you may represent a very small section of that particular community and if you don't represent a small section of the community, then r .' advice to you is in the next election 1 think you ought to bring yo'..." 4,000 people there, and then you can represent the majority. • Keller: The point is well el en, : ,o e vl r, If.ayor you asked a question, was this meeting properly notified. UNIDENTIFIED SPEAKER: Tha's the ire:'. :s. Keller: That's a very important question. I would say on the basis of this information that I've given you, no, on the basis of further information that I'vegiven y •i today I don't have to tell I called for an investigation.... :1,.,v-.r Ferro: Yes I know. I know that You've called for an invest- .:nation and as I understand, the Atlanta office has answered you and has told you that you have no basis for the charges that you've made. e'�_,. ♦`aiier I'm not re-emphasizing it. t o 1 ,u;% n _ e_ r<.:: Well, � , _ .., sure you're not. • Srill,-.a•.: The letter is in your package J J Ferre: The federal government has investigated this ma .. _r _..= they have ca Is er Now, If you want to pursue it beyond that' rF perfectly entitled to do that. Alright, Is there anything az hiE.point? Xs. Mabel Jackson is the next speaker. SPEA R • I'm to speak with N.rs . Brown from Day Care. Ferre: :':i . recognize you as soon as we're over. We're almost over now. Is Ruth Scott on the same subject, and the same thing with Mercedes Zuniga. Alright, I'll recognize the four of you, starting t• i th Ms. gown in just about a few minutes. Is there anything else tc come before us on CD? ,, _ . Spillman: At this time we .eee your direction in proceeding with the application and we have a resolution... Mayor Ferre: Alright. At this time I'll declare this public hearing closed and is there any discussion on the part of the City of Miami Commission? Gibson: Mr. Mayor, _ just want to say, for God's sake it's cheap enough and little enough effort, because if those people on 36th Street haven't been notified,we, if the County fails, for God's ..ake don't let us fail, and I promise you that the outcome of the election won't make that much difference. Mayor Ferre: Alright, is there anything else? Fosmoen: There's a resolution before you. <ayor Ferre: Alright, you have a resolution before you. What's the _ will of this Comrnission? Rev. Gibson: Mr. Mayor, what do you want to do, offer the resolution? offer it ? sure. Mayor Ferre: Alright, Father Git son moves. Is there a second? Seconded by Vice Mayor Reboso. Furth€:r discussion, Cail the roll, FEB 231978 9S ^:: ROLL CALL: Mt, Plummer: I dontt think even the l'-tnager wants this resolution, He's .authorized to submit a grant aL: I:l_,.._ ation without spelling out that the one is presented before this Coi:rnissin. Mayor Ferre You want to answer that Mr. Manager? Mr, Grassie: It may make it more precise if we add to that the langUage';as presented on this date" Mayor Ferre: Well, but you Know, I know i t t s all academic , but I Mean, it so simple that isn't that exactly, who drafted this resolution? Ms, Spillman: I did and I apologze. Mr. Plummer: There's no apology, I'm just saying that it should be mere delineated as presented. Mayor Ferre: Alright ,°A Resolution authorizing the City Manager to s'llmit a grant application to the United States Department of Housing and Urban Development for Community Development Funds as submitted in a public hearing on the 23rd of February,1978, at the second hearing.' Mr. Plummer: Final hearing. Mayor Ferre:.."final hearing and further authorizing the City Manager to accept the grant and execute the necessary contracts and agreements to implement the 78 / 79 Community Development Program upon receipt o: the grant." Mr. Plumm Y: m Tor -don: iate gdest1nrIt was moved... Mayer Ferre: it's ?peen moved and seconded and there's a question on this , Mrv. G:r-gin? Mrs. Cordon: rr; Under discussion, how firm is this with regard to any modifications or changes that might be recommended, for instance, as we discussed the Day Care Program a few minites ago in the Edison Little River Area? Mr. Fosmoen: Commissioner, you could always change during the year we reallocate, we reappropriate the funds that comes to this Commission for action. We do it each year . Mrs. Gordon: It's clearly understood that my affirmative and vote is predicated upon your statement that if the task force comes in requests that that center and it is a necessity that that center receive some funds that that will be brought to this Commis;:_on, okay. Mayor Ferre: Alright, Further discussion. Call the roll. The following resolution was introduced oy Commissioner Gibson, who moved its adoption: RESOLUTION NO, 78-141 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY DEVELOPMENT FUNDS AS SUBMITTED IN PUBLIC HEARING ON FEBRUARY 2?, 1978, AT THE SECOND AND FINAL HEARING AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS TO IMPLE- MENT THE 1978-79 COMMUNITY DEVELOPMENT PROGRAM UPON RECEIPT OF THE GRANT, (Here follows body of resolution, omitted here and on file 141 the Office of the City Clerk), 99 FEB 231978 por. Leing seconded 1)y Com:':issior.':r :ebosc: , Tiu resolution paoseo an; adopted by the fo lowini v{. te: Commissioner Rose :or(jor: Commissioner J. Plummer, u: . Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo F.eboso Mayor Maurice A. i E.rrc: NOES: None. 52. PERSONAL APPEARANCE: MANUEL VAZQUEZ - FUNNING REQUEST FOR uAGt1ON." .'ayor Ferre: Alright, we have the matter pcndf.ng of Action, and is 'fir. `.'a"zque here? Mr. Vazquez, you are the VicE. Chairman, are you? Are you representing Accion: Alright, I'll recognize you briefly. You have three minutes. ',r . Vazquez: We are under the understanding we were presented with a new alternative in that the C.L. T .A. position,: were available for for Action were not available until April 1st .,nd then the people there Would have to be laid off for 30 days. The Board met yesterday and we unanimously rejected that option:. We went what was offered originally for the money, if not, let's close up the place. 7don't want those people to be without their salaries for 30 days. I don't pink it's fair or equitable and that's our position. Mayer Ferre: Mr. Parkins? Mr. Parkins: yr that we discussed Aril 1st date is currently exist. contract date for this discussion. Plummer: Mayor, the April 1st date is not correct. The date in the meeting of February iE th was March 6zh. The the date related to the Ti lE VI contracts. They They expire March 31st. So April 1st is the new those other positions. ThosE. are independent of • I reiterate my motion of before. Mayor Ferre: Alright, there's a motion. Is there a second? Make your motion again. Mr. Plummer : My motion was that the City Commission instruct the administration to find the necessary funds to live up to a commitment made by this Commission as it relates to Action. Mayor Ferre: Is there a second? Mrs. Gordon: I didn't hear your motion. Mr. Plummer: My motion was the City Commission instruct the Administration to find the necessary funds to live up to the commitment made by this Commission in reference to Accion. Mrs. Gordon: J. L.)I would like also that another inequity be clarified at the same time. The Elderly Program, at the Legion Park requested a $23,000 necessary increment that was turned back and cut lack in the budgeting. I would ask that both of those programs, the one you're asking for and this one, the money be found, Mr. Plummer; Rose, excuse me. Rose, I will not make a commitment to that. I am very sympathetic towards that if we can find the money, fine. Mrs. Gordon: Ok . Mr. Plummer: But the Commission made a commitment to this organization and I say now that we have to live up to that commitment, Mayor Ferre: Rose, I'll recognize you for a motion, Alright, is there a second on this thing? We have a motion by = this is the last time 160 FEB 231978 I'm going to ask, Now, there's a motion Ly Commissioner Plummer; is there a second to the motion fdr the L urpo ;es of.., Mrs, Gordon: Well, I got to have an ur..'.erstandingi Mr, Mayor) about this ism not saying I'm opposed tc it. It's just that I'm hot clear becaue of the memorandum that I real that said that they were willing, Now they're not willing, I mean, why did we receive that memorandum, didn't the staff know they weren't willing to go along with that? Mr. Plummer: Well, obviously Rose the stiff made that agreement prior to their meeting yesterday. Mrs. Gordon: Was that an assumption? Was that an assumption? Mayor Ferre: No, what happened is that they met yesterday and re- jected the offer that, look, I don't b'.ame... Mr. Grassie: Why don't we let Mr. Parkins answer the question with regard to why, — Mrs. Gordon: a. Mayor Ferre: I thought he just did. Mrs. Gordon: No he di in• t. Mayor Ferre. I thought hE jist did. I thought you said yes. Mr. Farkins : I did, matter of fact. Mrs. Gordon: Yoo ha' an agreement and now there is a reversal, is tht :t '.: i-arki n'� : As we said in the memorandum, the understanding we have r; ... 'fr:. Aii.io ano MI. j:lc.nco was that they would accept the three ' � t positions in lieu of the 30,000 in cash based upon a March 6th return to the payroll status. We do say in the memo that Mrs. Albo is going +o check with the Action Community Center Board in order to verify that they would agree with this and they indicated to us that the likelihood that they would agree was great. Mayor Ferre: Look, I understand what the problem is you're talking about people that are making up to $10,000 maximum, right? Mr. Parkins: That's correct. Ye Mayor Ferre: And, you're asking those people to take up, to not be paid for one month. Mr. Parkins: Well, that was the agreement we had reached originally Mayor Ferre: Yes, I understand and I don't blame Mr. Parkins. I think you're doing your job and doing the right thing. I don't question that. I also understand the human aspects of this and on that basis I second the motion. I'll pass the gavel over and second Plummer's motion. Mrs. Gordon: On discussion on the motion, I would like to ask a question of whoever wants to answer, I received a letter from the American Red Cross, copy of which 1 distributed for information. I don't have a copy myself, I would like you to tell me if there's any vality in this: Mayor Ferre: I'll read it into the record , so that we have it. It's a letter to Commissioner Rose Gordon, Felruary 21st, "Dear Commissioner, Rey Cross transportation ambulatory indigent needy elderly people to and from medical services, We constantly receive calls from handicapped people whom we cannot transport, We try to be of service to these people by referring to other sources, We've called Action several times to pick up clients but they will only take them to Miami Beach one-way, and will not return them home, 101 FEB 231978 know of fine work you Co in expeditin services to the elderly and therefore appeal to you tc g t thr piTh Accin for the services need•.u. If you!'.aVe any questions rea above: Please tall mt.6 and so on Signed Mr Mort Weinberger. :w, do we transport people to Miami Beach? Mr. Vaz: ue.'.: iy they live in Miami. Mrs. . Gordon: 1/3 you bring them bat., c,-•(C you leave them there? Mr. Vazquez: m not prepared to a;: sw,. _ that question. 1 don't .:now. '`;'."� . _„_rtoi : Well, somebody O answer it. 1f we're going to give you money we want to knew what you're doing, Mr. Vazquez: They bring them back I understand. Mrs. Gordon You, Lazaro, you.: can answer the question? ��. �: :. Lazaro: •� bribringe.; oact: just before a : 00 o'clock. The driver works until J : 00 o'clock, sometimes he needs to work until 7 : 00 o'clock. ;ayor . erred Yes,but listen, I want to make sure now that we're not providing services :or people on .":ia? i Beach. These are Miami residents. ": r . zaro : No, no, Miami residents go tc the special doctor and Gordon: Receiving medical services on the Beach _a:arc: Yes. Mrs, Gordon: A:. , you are.. assuring TMe that you will take care of this ..: atte:r? give you the copy of the letter and ycu take care of .,r. Lazar:): it's a pleasure. Sure. "e r l,e : Tell Mrs. Alba to put it on her record to answer Mr. Weinberger in writing. *'.r:. Gordon: Right, and assure them that they will not have this -robiem. 3k. Reboso: We have a motion ;r a second. Any further discussion? Call the roll. 'fir. Grassie: Yes. With regard to funding for this, the reason I assume that the staff has suggested C.E.T.A. funding is so that in fact we would have enough money to reach all the programs. Now, if we're writing another $30,000 obligation.... Mayor Terre: You got three C.E.T.A. positions available for other use. Mr. Grassie: We've also got to find $30,000. Mayor : erre , That's correct ;'asvie: New, you have already approved the monies that we found Coconut Grove Clinic and Nicky Cruz Outreach. •or Ferre : That's correct. C;rassie: That means that we don't have any flexibility with gard to :hat money. M-yer rerre : That's correct too. Grassie; 1 need to point out to you the passibility exists and very strong passibility that ere only way you're going to firjc another $30,000 is tC cut it Ott of some city program. 102 FEE 2 1 /8 SPEAEER: That's also curre. ..�. -. -erre: Y:cu've sail three t„uc thin,-s Mr. Brassie. Mr. Grassie: I'm glad that we understa: : that all of those things are on the record. Mayor Ferre: Further.., well, you're right. Mr, Reboso: Call the question please. (ROLL CALL CONTINUED) Mrs. Gordon: I'll say yes too, but when t hear what the Manager says I'm wondering what's running around in his mind. Mr. Grassie: Weill just so that we'rc: quite clear about it the only way that we came up with the money for the programs that you'Ve funded today is to take a couple thousand dollars from here and two thousand dollars from some other place and gather it all together; you know, we've been stealing it from the budget all over. We can't continue to do that forever. What I'm saying to you is that simply adopting a motion instructing the Manager to find the money doesn't get the job done by itself. Mayor Ferre: I'll lust... I think what you have to do is to find out who might want three C.E.T.A. positions in exchange for it isn't 30 Mr. Manager. Mr. Grassie: I said 30, yor, . Mayor Ferre: Okay. Mrs. Gordon: I move you a?.s( that... Mayor Fer_.e : t. ait a minute, we were still in the middle of a roll call. Mrs . Gordon: lb , We didn't vc)te on that ',yet? (ROLL CALL CONTINUED) The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-142 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FIND THE NECESSARY FUNDS FOR THE ACTION COMMUNITY CENTER PROGRAM, AS PREVIOUSLY COMMITTED BY THE CITY COMMISSION. Upon being seconded by Mayor Ferre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre Commissioner (Rev.) Tti,eoc:ore R. Gibson Vice Mayor Manolo Rebosc NOES: None. 103 FEB 231978 73 : INSTRUCT i, i TY VANAGER i C TRY TC ' ND FUNDS FOR iOUv GA SENIOR ,ADULT DAY CAkE C::►' I ER► Mayor Ferre: Alright, Rose. Mr . Gordon: 1 m;,ve you that w fr'orr the Douglas Gardens Elderly I'm, nct positive. Mayor Ferre: Alright, there's amo7icn. ar r• v o y. ?l ki. s ,1 ^ .r, know the amoiin 1. ? .'r`J. Go —don: .-r: t_�r :.,_G, ,.i -ar'. c:a.. , yc' Was .'t - , v ``r. :iorne , do you know lice a;;,ount that the . . fragile elderly prc ram was cut? Horne: :as a joint of clarification, i' _•. . Gordon, they retiueSted Q116,LO.). We recommended for- them S99,432. Mrs. Gordon: How much 9 restore the c.TlOiint that was Celt Program which 1 think is S2 , oU L . Mr Horne: $ :i . 4 O �J . Mrs. Gordon: ,,.,:atever the difference was that amount is in t motion. 16 ,C3C 1S that what you're saying? I'm saying they requested $116 , 000 . Our recommendation GorCo n: Yes 1 understand. So the difference is approximately 17,30J, and I :move that. . Plummer: Rose, alright, let ':lie understand Is your motion as forceful as the previous motion or would you..! Mrs. Gordon.: Yes. Mr. Plummer: Well then I can't second it, because see my problem, and I'm not . . . Mrs. Gordon: No, ok J. L., I understand your predicament. It's as forceful as it could be under the circumstances that he's got to rind the money. Mr. Plummer: Well, if we tell the Manager to go forth and try when he's looking for this other whi'.^ is mandate and try and find the other money, if possible, then I can go along with it Rose. Not "I", tnis Commission. errs. Gordon: Ok. This Commission has a serious problem we are in a predicament of cutting back or. many things. Mr. Plummer: I understand. Mrs. Gordon: We have cut back in areas where there are critical needs they can't operate their system of transportation without the funds and the drivers or whoever has to take care of the... also if you don't have the *Money to operate the Day Care for the Elderly you're going to have some people institutionalized who would normally be in a Day Care facility, which in the long run is saving us money because every time s_mebody gets hospitalized or institutionalized we're paying the tab let's face it. Mr. Plummer: Well, Rose, here again, if your motion is for instructions t.c the Manager to try and find this money. Mrs. Gordon: Ok, t'r.at' s the motion. Mr. Plummer: Then I will seccnd i Mr. Rcbosc: Well we Z-iave a motion ar.d a second. Will you please caii. the roll; 104 FEB 2 31978 The following Motion was introduced by Commissioner Gordon, Who moved its adoption: MOTION NO, 7E=143 A MOTION INSTRUCTI:HE CITY MANAGER TO TRY TO tIND THE NEC:ESARY PUNDE To RESTORE AMOUNTS CUT FRO: THE CITY of MIAMI DOUGLAS GARDENS SENIOR ADULT DAY CARE CENTER, Upoh being seconded by Commissioner Plummer, the friction was Patted and adopted by the following vote: AYtS: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso AtStNT: Mayor Maurice A. Ferre NOES: None. 54, DISCUSSION ITEM: DERELICTS AND PANHANDLERS IN THE DOWNTOWN AREA, Mr. Plummer: Mr. Vice Mayor, while we're waiting for the M=.yc:• to come back, Mr. Manager, I want to take a minute of your time and a gentleman is here from Channel 7. I spoke to this Commission and to you about 30 days ago in reference to the problem of the derelicts, panhandlers, the impossible situation existing in the downtown area. First, I want to commend Channel 7 for doing what I saw of it as a very truthful series. Channel 6. I stand corrected. I'm one channel off. That's my daughter's channel, and I watch it because she watches (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: Mr. Manager, I want to tell you that Sunday I went to church and I'm very proud of the fact that I go to church in the downtown area, and I want to tell you that it was die:djaceful the scene that we had in front of Gesu's Church on Sunday m=ming. We had a man that was rather obviously a mental case, and 4:1-tis man was standing out in front of that church with the most fowl mouth you have ever heard tryinc after the ushers asked him to leave the church, trying to drag them all out and fight them in the street, and this man was so small he could 'not have whipped my 12 year old %aughter, but in all kinds of obscene terms was inviting everyone out in the street. Mayor Ferre: What do you want to do? Mr. Plummer: I want this city t' realize what we're fighting, &ndclet me tell you, Mr. Manager a policeman came there at my request, and just in so many words said there just wasn't nothing he could do about it. Now, I'm going to tell you I fully understand the handicaps that the Police Department have been bound by. I understand that. And, I under- stand what the problem is, but you know, there's not a member of this Commission, and that's not accusing anyone, because maybe I'm the one that's crazy or the Administration, that is in this downtown area every night and every day, you know, we're talking about millions of dollars... Mayor Ferre: J. L. Mr. Plummer: Yes sir. Mayor Ferre: I know how important it is and I completely agree with you. We've got people that have been waiting all day. They're getting upset and we've got all these ladies, and I've got to leave here at 6:00 D'olock, Mr, Plummer: Well, Mr. Mayor, let me continue, Mayor Ferre: If you want to make a motion I'll recognize you for the FEB 231978 /12g2ses et: zz: zI/z�e2/ \ing to ask some kind of got to do .t Mayor \/} aLl not going to a motion. 1 —m ze=ely, once again, the Admi istrati2K to case tees to this Commission With a plan to help anL clean 1.17. the 20 vntown area. We've or we're spin=£&/ our we,e_o in everyt.in- I would also reeom e=2 that. you talk see if to would like to revers back t. what we know, )e£ore he sassed the s -calleeyars till, where a criminal offense for people to 3e drank on the street these other well,... zerre: to &envy Me%ere used to have, now ant s do • ing £i2711t: Al I'm asking £_ come i , 20 this Commlssion and find some kay of /\/ something With this problem and it is a real problem, 106 FEB 231978 55. ACCEPT $ID CON$ituctIoN OF THE TRADE FAIR OF THE AMERICAS Mayor Ferret I'd like to see if we can settle this item 42, do any of you gentlemen want to say anything now that we have a full Commission so we can get on with it or off of it and then finally get to...? Mayor Ferre: Mt. Spiegleman. Mr. Spiegleman: Mr. Mayor and Commissioners, with regards to the problem that you are faced with I recognize the fact that you have a Trade Fair of the Americas which is starting to be installed today. It's imperative that you act upon the motion that is before so that you can go forth in the City of Miami and the entire general area of South Dade county can have something something that is worthwhile for the entire area, and in that regard, we at Greyhound Exposition wish you well. I think that your biggest problem as I see it and this is a personal opinion and I want to just say it and then I will step back-- is that you entered into something which is a multi -billion dollar industry, that being the industry of trade fairs and convention services, without really getting to people who have expertise in that field in this country and I think that the only way that you'll ever preciously or actively going to get out of this is that people like myself step back and say -what was was and what will be hopefully will be worthwhile, and in the future I said that my expertise.. and I've been in the field since 1966 is available at any time at no cost to the City in that respect... Mayor Ferre: I would like to thank you for that statement•I'd like to also say that doesn't completely relieve the administration from responsibility in clearing up this as to exactly what happened, number one; number two, I hope that this is not the last Trade Fair of the Americas and I hope that this becomes something of a regular nature and I hope to see you again in the future. Mr. Spiegleman: Just so you know, I'm very active in Miami Beach..in the Miami Beach Chamber and the Head of the Convention Service Committe and the last thing I want to see is a bad mark in either Miami or Miami Beach or this general area in this industry because we are fighting awful hard to build it. Mayor Ferre: All right, what is the will of this Commission in this item 42? Mr. Plummer: Mr. Mayor, I said it before and I'll say it again, I think we are caught in a bind, we all recognize the problem. There is a time bind, I think it's -maybe- poor judgment but I think we have no other alternative but to approve and ratify the action of the City Manager and to proceed with this, hopefully we will learn from these mistakes and in the future when this is done that we will do it with the knowledge of the mistakes that we made in the past and keep it from happening in the future,..I move item 42. Mr. Reboso: Second. Mayor Ferre: Further discussion, all right call the roll in 42. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-144 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR THE TRADE FAIR OF THE AMERICAS WITH MET CONSTRUCTION, INC. IN THE AMOUNT OF $110,000 FOR THE BASE BID, WITH FUNDS THEREFOR TO BE EXPENDED FROM THE LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and 107 FEB 231978 &opted by the following vote: AYES: NOES: None O1 ROLL CAL:.: Commissioner J. L. ?iumiuer, ter. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson* Vice Mayor '4anolo Rebuso Mayor Maurice A. Ferre* ~` ev. Gibson: &. Mayor, I'm going to vote with the full understanding that cAll these clouds that are over our heads will be cleared up before you enter into another agreement. yor Terre: Are you voting? 8.N. Gibson.: 1:'ci voting with the full understanding, I want the administration to :4ar this, I'm voting with the full understanding that we go ahead provided trie;;yoody warhes this linen out end these men who are knowledgable in the in - who say they are going to come and have some input so we don't get caught :'.n this bind no more like this. "1.es. Gordon: I have to vote with it, the job is almost finished ant it has to wL Maid for. ?erne: I vote yes and 1 hope, Mr. Manager, that some time soon you will fcr the record a full statement, all of this documented and what your opi- 1.Z.:,::, i6 on it, and if there are any corrective measures that need to be done so that we can avoid this kind of problems in the future. (A,). DEFER - SETTLEMENT OF A LAW SUIT - DISCHARGED CITY EMPLOYEE Mayor Ferre: We have item I5. Mr. Plummer? Mr. Plummer: Mr. Mayor I had asked the City Attorney, Mr. Knox be present. He is still not present, and I would ask that this item be deferred until the next Commission meeting. Mayor Ferre: There is a motion by Mr. Plummer that item 15 be deferred. Seconded by Father Gibson. Further discussion. Mrs. Gordon: J. L. , which item? Mayor Ferre: 15. Mayor Ferre: Further discussion. It will then be deferred til the next meeting. Call the roil please. THEREUPON the foregoing :notion to defer item #15 to the next Commission meeting was introduced by Commissioner Plummer, and seconded by Commissioner Gibson, was passed and adopted by a unanious vote of the Commission. 108 FEB 231978 .. UMW as IFC1 11 56. �t�aAo�°�A����Yc�����E�t���i�N��a�r�go��Ct����H��tiI���P���Yt��;i�= Mayor Ferre: We have one other unscheduled item and then we have the unscheduled item of the Day Care Centers which we'll hear, A resolution authorizing the Manager to execute a general contract of Indemnity, ..." etc. Reboso. Seconded by Gibson. Further discussion. Call the roll, The following resolution was introduced by Commissioner R=Aboso, who moved its adoption: RESOLUTION NO. 78-1445 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL CONTRACT OF INDEMNITY AND AN APPLICATION FOR AN INDEMNITY BOND FROM THE AETNA CASUALTY & SURETY CO. IN CONNECTION WITH THE CITY'S LEASE OF THE MIAMI EXPO/CENTER FROM THE MIAMI INTER- NATIONAL MERCHANDISE MART, INC. AS PREVIOUSLY AUTHORIZED UNDER RESOLUTION NO. 78-6, ADOPTED JANUARY 11, 1978. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passe, and adopted by the following vote: AYE:: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre 57, PERSONAL APPEARANCE: PERSONS REGISTERING COMPLAINT ON THE QUALITY OF DAY CARE PROGRAMS. Mayor Ferre: Alright, ladies I'm sorry, this is an unscheduled item, but I'll be happy to recognize Mrs. Pearline Brown at this time. Mrs. Brown, and the other ladies that wish to be heard. There's four of you that I have here. Is three minutes sufficient for you to talk, each of you? Mrs. Brown: Yes Mr. Mayor. This is a letter to the Miami City,, Commission from the parents of the Children's Center. It says; the parents and guardians of children in the Day Care Center operated by the City of Miami are vitally concerned with the quality and care and the treatment of our children enrolled in these present programs. Observers have noted over the last two years that the program of the child's development has slowed down and even regressed, Supervisors and teachers are also concerned and have written letters to their supervisors of which we have copies indicating that they the teachers have fallen into the category of babysitters, The regression and downimard trend of the centers seems to have started when the program was removed from the control and direction of the City Parks and Recreation Division and placed under the Community Affairs Division. The following is a list of statements and questions for which the concerned parents would like lucid answers and replies, (1) Why do teachers work 40 hours and receive pay for only 30? (2) Why aren't supplies timely received when needed, instead of waiting sometimes 4 or 5 months for simple basic supplies? (3) Why has the quality of care, guidance, teaching, molding, and development of young inquisitive minds steadily dimtish? (4) Why don't the centers have enough teachers? (5) Why do supervisors and teachers have such 1 109 FEB 149R an.,. ... ...._cou inn The em o ( _.� t . .. .; d,. ..il _. ....a~.. of and direction V. the centers tra _ _ _. _a.F: ......« _ ..i,.y .,-_airs D : �> Why ;.h i�l'c e a .. d w �. ._..�.._ .t �^/ t• were the fees i. when .�.. ..: s t of the parents have not had a salary increase _ C;.... 3.,, to Cr three years: M-i T don't _theente _ ., a ve�' .... it on ....a.,. b . for re .d ti~i: as .in hS ,:._ in ..... .. han all 1. oh5: d: writ Fri t oge .,.er and were ex )o ed tc a ., l: '.. .va _ ty of learning experiences? l 9) SJ4riv did gestapo -like tactic 3 :i:i tie recE,nt audit of the Da•, C._r•. Centers? ( ) Children .. nz o ^r'.t c 4:'t-;,'F removed, thus unnecessarily creating a pottiE,11yhdous and dangerous settings for children '•rite.. .:=:ec• ''_ instruct must adhered ? 1.•, .. _ tt i l.a -�.• _:J 1. L✓` .1.f �'. d to �, .,..:at Were ther_ ._u.,. t_. _ _., audits? s? 112J Where have the =e` Time by parents since 1974 been ary'_�opr.�..ted? These fees were 1' of :c:, �Cii. .a.j ;�I,i.1_ .. y ., .. .... _•.ice... .. ..0 cin a J1.1 �' _i =,.� in the Day Care ..enter. M Jr IF:.-y! he.. already been a : ro_or' 1 ..ed for the expansion or the centers end Vey_ the :1•iri.:.nistrationhas cut is a:K on supervisors, t,J,,,crtc.:!r,:, , '.n _i uctb. s, Inc.. a'..es t: ;ith th intent o: expai:i:in. the '. ..te • (13) ♦.he-.. will the Community Affairs Division L. audited? .. ) r "hr. l . this _ Y1, ^ a ` .`a.j has �.- r. ._ � ..7: ..t C.'. �.. ,�� seems withpractically everything r li t i ca_ situation :;veriil:ado ing the main concern which r n? i 5) ,i,.. e will � l f t i._ :7�:i .�,.�t.�c. E: i :' .l.i�. _ihE: 1.�..'1:i..iurCii �,C,;' i he centers lose? W,.id they stay at :-IC, :L: 3:.d the p'arent� sec". assistance i.. s ..,._ :form ^_. welfare in order t `.� stay i,oi:iG and properly i.3111:' care of a:a:. s ..r vise ur childr en ahe fore.f u estio nc ^r" - -`a- 1 .l. niai Gy �u ...l.i.. .. �.� t. ._ :ach rci7u-esen: serious problems of ... sincere y .r which J.a.:a .t parents :- arc c..,ar. 'list: ?'a'rerits Orf.?i2ii .�atioi recommends that Jay Center .. me . to the control and direction - ' = and r' ivis_C. n The Da: _are plan was .:such more l:.ifeci._ve and beneficiaa o the c.i_...t l.ir en and li ai'..,enls der- ..he original plan, offerinq.. .• ui variety _ fun, L: am `-s , ar:i...tc` exceriences, and sincere concern i1. ..,ir'L..r i:.`,, challenging and deve_opin ; young inquisitive .and i.�ip: s n ..sic able minds of �U_ future c -_ _per __ . conclusion, we concerned parents Y'•:.._.'d appreciate the _o:a0wir1g, literal communications _heir: im semen ted have routine report of exenditures for Day ,. . e Centers ...v•. i...a.,le 3 parents s and t::r s _eb parties, rake known ._:.e amount funds available from the federal government .,rl-• e city for s �. of the ✓a• Car': Center' 1.+.:.t make e yam the •• .. o.. funs bu e to w for. .Jay Care Centers and make known the disl..ursement of ...1_ weekly fees paid by the parents. Respectfully submitted by the . arent;, teachers Community Association." Mayor . erre: Alright, thank you very much Mrs. Brown. I assume that this was something that ... how many members belong to the i=arenas Teachers Community association? Mrs. Brown: It's all the pare:: t s? r. Mayor. Mayor ? erre : Ali of them? And, they all, you had a meeting and they all vote: on this unanimously, and it was unanimously presented. Brown: Yes. We all voi_t:L :Mayo'. : err t:: At that meeting none of these questions were answered by a':'y of the staff"? Mrs. Brown: No, .VOA and, we would like to know why they took the children's medical records from the school? r tyrre : r u::aers an:, we heard the questions that's in here? XI's . Brown: And, can I get some answers please Mr. Mayor? Mayor Ferre: Yes I think we all want answers 7C that and other _.rings and I would like to eventually aAdr r v t'So myself 1. Sef 40 some of these ' i:"igs , because' m s :r't�; all the members ::r Commission '' o=- ecar At this time then let's recognize the next speaker Who is Mabel Jackson Thank you Mrs. Brown. ' , 110 FEB 23678 Mts. Jackson: Mr. Mayor and Commissioners my name is Mabel Jackson and I'm president of the PICA at Eaton Day Care and my daughter has been with the program a little over 2 years and when she started with the pro~ram it was under Parks and Recreation. Arid one of the things that impressed me abut i at that time was the enthusiasm of the staff and the concern and dedication they had F,;,r improving and maintaining the centers but I'tn now... the morale of the staff is very low and I feel that one of the reasons for this is that there are just not that many of them after learning that there were only five regular staff at Eaton Day Care.I later checked with the other centers and I found that they were all short of at least by half of the staff that should be at the centers and I learned that they should have at least one supervisor, two head -teachers, five instructors and five t.eat.hers' aides. This is the regular staff that should be at every center which amounts to about 39 and they actually, only among the three centers, they only have 19; and I feel that this is one of the reasons the morale is so low because they have few staff and yet they still have the responsibility that the 13 would have had --well in each center would have had to shoulder. And I feel that... I know that this was not the situation when it was under Parks and Recreation and I feel that it should go one of as representing the parents in the Eaton PTC, I feel that it should go back under Parks and Recreation and one of the things that I would like to know and the other parents also, is that when it was moved from marks and Recre;a'.:ion ano placed under Community Affairs it was not done by Commission vote. So why di,l it take the Commission's vote to keep it where it is? It seems to me that it will be very simple to move it back where it was the same way it was moved out. And I would like to know if anyone can explain to me whey it took a Commission vote to keep under Community Affairs where it is really not doing good it's really going down -hill. Mayor Ferre: Well, I think I can explain that one ve:y quickly. I don't know whether is a full explanation but at least it is a factual cxplauation. That matter was recommended by the City Manager for it to be moved back to Parks and it was brought up before this Commissio;, at. the: last Commission meeting and it was voted upon and the vote was 3 to 2 so the Commission took a policy stand on it. Mrs. Jackson: So, maybe_ I should ask tir. Grassie w.ty did he bring it before the Commission. Mayor Ferret Mr. Grassie is for what you arc recommendi.i,<i. Mr. Grassie... yes...you see part of the: problem, of course, is... it seems to me --and that's one of the questions that I'm going to have when we bring this thing to ahead --is the lack of communication. You see, I'm a great...and I think there may be some good justifi- cations for all these things but, you know, you have to deal with the truth and the truth, you know, is sometimes complicated but you can't deal with half truths. I'm not talking about you, but I'm concerned about other people dealing in half truths and manipulating opinions for the purposes of making points. That doesn't sit well with me. I think you may have a just cause but it has to be done truthfully, it can't be done by misguiding and not tel'irg you all of the facts. For example, the fact that you come up before this Commission and you don't know that the Manager was recommending exactly what you want, this brings a ].ot of questions in my mind as who is guiding you in these problems, you see. Mrs. Jackson: Well, it just seems to me... I understand what you are saying but.... Mayor Ferre: I don't want you to be used, is what I'm saying. Mrs. Jackson: .... It seems that it ... well, I don't feel I am because I can't see that there are staffs....the centers are short of staff, they are short of supplies,and that it is regressing instead of progressing and.... Mayor Ferre; See, that's may be a valid point, that may be true and we have to deal with that as a truth in itself if that's the case but we can't do it by mixig that up with half truths that are emotional in nature and people being manipulated, you know, on things that may not be so. And that's the real question that eventually when it needs to be aired --and once we have the audit and all the other things -- needs to really be aired fully. That's why I think.,. I'm very grateful for this document because that really brings a lot of that out. Mrs. Jackson: Well, that's another thing I wanted...well, I want to get back to that, I want just to make this point. I understand what you are saying that Mr. Grassie FEB 231976 recommended It t: .pie Co missicr %haT. it . c rcveC .;anti to .ark, and Recreation but the question was why did it have to be recommennee:: to the Ci3mMiss1On, why couldn't they make the change since they made it :effore without it coming before the Cot. - mission, it seems they've complicated t:-= Mayor Ferre: Because the Commission took a policy decis ion on that. Mrs. Gordon: Mr. Mayor, would you be kind enough to clarify your insinuations. Mayor Ferret I will at the right time, Rosh:, but right now.... Mrs. Gordon: Well, the right time is new because you are making them. Mayor Ferre: That's your opinion not mine. Mrs. Gordon: Are you insinuating that I or anyone connected with my office or anyone connected with the.... Mayor Ferre: I didn't mention you. :ors. Gordon: .... no, but I seen: to be the one that is most concerned with the Day Care programs so, consequently, unless you clarify it, the assumption is that you are making an accusation and 1 would like you to know that neither I...I don't olieve anyone in my staff new that these people were coming here today. Has anyone here communicated with me or was I supposed to know you were going to be here in anyway? Mrs. Jackson: No. I have never spoken with you, , rs. Gordon. Mayor Ferre: Rose, I accept that completely. Jackson: Okay, I a,., the president of the PTC centers and I'm the one that have been speaking to the people. I have been here at the last Commission meeting when they did have to vote and Father Gibson did state he would like and he would watch ion results of an audit which was supposed to have been done. I go into the centers for the parents, I don't khow,Commissioner Gordon. and I have nn-hi m to ^o with then.;... I talked to.... Mayor Ferre: Nobody is accusing you of that or her. Mrs. Jackson: I know your are not, I'm not saying you are accusing me. Mrs. Gordon: But there were innuendoes, Maurice, and you have to admit those in- .ue.does were nasty. half truths and twisting of truth and all this and that; and I want to know who are you talking about? Mayor Ferre: Well, you know, there are an awful lot of statements that are made here that it seems to me that can be very clearly clarified by the people that are in- volved and it seems to me almost unbelievable that the parents Teachers Community Association would bring before this Commission a letter that they voted upon unani- mously that is full of things that aLc _.i.;ple in nature that are not completely factually so; and it seems strange that the Advisory Committee of the people that are involved in the program would not have clarify some basic things. How come, for example, Mrs. Jackson asked why the Manager when the Manager was actually recommending what she wanted to be done; So obviously.... Mrs. Jackson: That proves to you that we didn't know. If we had been talking to other people. Mayor Ferre: You didn't know, you weren't here? you just told me you were here at to last Commission meeting. Mrs. Jackson; I didn't know that Mr. Grassie recommended it. May:; Ferre: But you were here, weren't you? Mrs. Jackson: I don't know everything that you do up there. I know that a vote was put forward. .yvr Terre; lie was ... It was on the Agenda. The Manager made a statement in favor of turning it back to Parks, it was discussed here, it was debated, it was voted upon, the vote was 3 to 2, you were here and you tell me now that yOU didn't 112 FEES 231979 hear all of this. Mrs. Jackson: I said I didn't know that Mr. :rassie had recommended it and I also said that if we were being informed we would ham,*e been informed of that, Mayor Ferre: Well, again, my point is that there seems to be a lot of confusion and a lack of information and I think that has to be clarified. Mrs. Jackson: It does because I went to M. Parkins yesterday and I had a meeting with him and I asked him two main questions from the parents:— where do the fees go that we pay and why were they raised; if they were raised why aren't the centers better. Mayor Ferre: What you've got are valid questions and they have to all be answered and I want to assure you, and I want to asure you on the record.... Mrs. Gordon: Maurice, excuse for interrupting you but in response to your statement to her, it wasn't on the Agenda that the Manager was making a recommendation; it was only a thing on the Agenda which said there will be a discussion, period, how Was she is going to know? We didn't know ourselves until that moment. Mayor Ferre: The Manager,in his memorandum in the packet, said so. Mrs. Gordon: No, he did not. It came to us the day of that meeting. Mayor Ferre: Well, I say that it said so and that can be proven wronn. Secondly, the Manager on the microphone recommended that and when I asked him repeatedly, I said, Mr. Manager... didn't I ask you, didn't you answer that it was your recommendation that it be transfered? Mr. Grassie: Two points, Mr. Mayor, I asked two staff persons to analyze the organ- izational question with regard to day care, Mr. Al Howard and Rob Parkins. They gave me a joint report, they being the two department heads involved, which con- cluded that on balance,iri terms of organizational structure, it probably made more sense to them that the day care program be housed in the new Leasure Services Department.... Mayor Ferre: Didn't you say that at the last meeting, Mr. Manager? Mr. Grassie: I said that last time and I'm repeating it. simply so that we are clear on what I said last time. Mayor Ferre: And I questioned you on it, I asked you and 1 said, well, would you tell me what other programs, do you remember that? and then you started elaborating and then it was stated here that... Rase answered that, she said that,for example, the handicapped were involved in it and she mentioned 3 or 4 of these programs. Mr. Grassie: The other point that I would like clarify is that the basic discussion that we were having had to do with the creation of a new department. Now, the creation of a new department is accomplished through City Commission action. The moving of functions between departments is not a policy question and it is not something that requires City Commission action but we did have a long discussion of it . Mayor Ferre: It became policy. Mrs. Jackson: Three people don't even know the rules and I.... Mr. Grassie: Well, I don't think, Mr. Mayor, that it can become policy simply by discussing it. The point that I'm making is.... Mayor Ferre: It became policy after Commission took a vote on it after dis- cussion and it is the official policy of this Commission on a vote of 3-2. Mar, Grassie: Organizational questions don't fall in that category, Mr. Mayor. Mrs, Gordon; May I remind you, M. Mayor, that it was a.... Mayor Ferre; Mr. Manager, I don't want to debate you at this point, I'd be very happy to'submit to you the specific reference to the Charter which Specifies that this Commission has that authority,and if you want to, we can get into it later on. 113 FEB 231978 r. Grassie: We; erobe.biy, will ntee to. Mrs. Gordon: M. . Mayor, the probiee era e when the ewo deeeetMent heads hey. their meeting and apparently cane to a corci•._sio n. In that .inters.:: period between that meeting and our meeting there was, as referred to in here, a gestapo -like tactic in the recent audit of the day Care center which followed within-- I believe if my memory serves me-- a few days after that joint department heads meeting. Okay? The reason that I'ri curious why the department head, namely Mr. Parkins, did not disclose any irregularities supposedly that he new of otherwise why would he have stationed or. a Monday morning —as I have been led...according to the parperse- o+.o ie in all the day care centers, all tit records picked up. Why, Mr. Parkins, on Wednesday or whatever day you met together with Mr. Grassie and with Mr. Howard, you nc :;nowledge as ...what's 'prep -up' made you so informed, between Wednesday and Monday; that there was such a tremendous amouns of irregularities in your own department? 'Myer Ferre: Mrs. Gordon, in your own words, excuse me for interrupting, but this is non-scheduled agenda item, it is almost close to 6:00; I've got to be at a very important meeting at 6:00; I've got to be back here at 7:00 and we still have... we haven't heard from Mrs. Ruth Scott and Mrs. Zuniga. If Mrs. Zuniga would like tc matte a statement, I would ifee to get her on the record even though it is not o schedued item and ask then the Manager when this thing is going to be finalized on his part to brine back the audit and the other information so that this thing ean be finally discussed again. ;Ir3.Zeniya: May name is Susie Zuniga, I em a parent of two children, my oldest ..s 4 years old and my youngest is 3, and I'r concerned about the center because I :eel that if it keeps going the way it is, it's going down hill; eventually, it .11e have to close. So, what do I do with my kids, I don't want to go on welfare, I want to keep on working. Where do I put my kids after that? What would you do if you were in my place? i':eyor Ferre: It certainly is rot the intention of this Commission to put that ; og am out cf function, and it's certainly not the intention even of stretching it as I've heard it. So, I don't know what else I can tell you. ---(Reply to person in audience)---, What is beinc done about it is that the investigation is being held, the Manager is going to come back to the Commission with this report and Chia will be fully discussed at an open public meeting. Mrs.Zuniga: Why the children don't have supplies, why the children don't have the facility they should have? Mayor Ferre: You will have to answer that if you want to, Mr. Manager, why don't the children have supply and don't they have sufficient program and why they don't have a bus and why aren't these things being done that were being done before? Mrs.Zuniga:And when we get there to pick up the kids there is only one teacher and there are los of kids. Mayor Ferre: Why are there less teachers and why they've been paid on 30 hours instead of 40 and why...? Mrs. Zuniga: I wouldn't work for 40 hours and get paid for 30. .^:r. Plummer: It is called dedication. Mr. Grassie: We find, Mr. Mayor, through experience that off-the-cuff type of answers to these kinds of questions normally.... Mrs. 4unira: pid you say it's called 'dedication", Mr. Plummer? Would you work 4( no;:rs and be paid 30? Mr. ?lummer: I work 140 yours and get paid for 2. Zuniga: Now, you know that that isn't common. I wouldn't. Me-. Plummer; Don't you? come sit here and hear me sometime. Well, that's you, that's t_-_e dirrerence between someone that's dedicated to an issue and someone who is not cedicated to an issue. Mayor Ferre: Oh, she has the right.,., Mrs. Zuniga: Maybe that's the reason why the children are not learning anything. 114 FEB 2 31978 Mr.Plummer: You know, when I sit here.. I would like to know who prepared this letter. Who prepared it? Mrs. Jackson: I typed up the letter- _f _ 1 st night with all the parents. Mr. Plummer: All right, you know , I am justacast at this kind of a letter and now realize where the problem is coming from when you.... Mts. Jackson: I didn't think the spelling was hat bad. ` Mr. Plummer: May I conclude? Mrs. Jackson: What makes you aahast at the letter:' Mr. Plummer: I'll be glad to tell if you let me continue. When you were here two weeks ago at this Commission meeting and all of these subjects primarily were dis- cussed and you heard .... Mrs. Jackson: The fee., that we pay were discussed? Mr. Plummer : Yes, Ma'am. Mrs. Jackson: No, nobody ever answered that question, wherever the fees go. Mr. Plummer: Ma'am, I will tell you that the record will reveal to you that 60% 1111 of this stuff was discussed at that Commission meeting. Mrs. Jackson: Oh, no it's r304. but the fees werei't discussed. Mr. Plummer: I'll say EiC . Agreed? Mrs. Jackson: All right. I'll accept the 8051-. Mr. Plummer: t,her, you go back and bring these people down here fully knowing this Commission addressed this problem and instructed this Manager what to do. Why? Mrs. Jackson: I didn't bring these people down here . These people came down on their own and more wanted to come. Yr. Plummer: I don't understand. Mrs. Jackson: They are concerned parents because they have small children. 4111 Mr. Plummer: Didn't you sit here and he-r us as a Commission addressed this problem two weeks ago? Mrs. Jackson: Yes, I did but I didn't hear any answers. Ms. Ramirez: You people are addressing now all parents here that would like to know what the answeres are to those questions. Mr. Plummer: We would if we hadn't said that two weeks ago. We went through the answers. Ms. Ramirez: That's why we are here, we just want some answers . Mx. Plummer: We want the answer. Mayor Ferre:: Plummer, I'm going to rule you and everybody else out of order, this is a non -agenda item, these ladies are entitled to answers,... M:. i 1 emme r : (STATEMENT MADE OFF THE PUBLIC RECORD) . Mayor Ferre: ....because I think I try to let t.he:e things air themselves as mu,n as possible, I think it's a healthy thine, we are not going to have any answers tonight, I'm quite sure of that and I'd like tO know, Mr, Manager, when are we going to have some answers so that this can be again discussed. Mr. Grassie: First,on the question of the answers the questions that have been 115 raised on the floor today. we've tried in the past tc give you as accurate answers as we could to these kinds of allegations ant comments asj opinions and it doesn't really work out very well. What we are Icing t do is have the staff take each of these points and prepare a written answer and 7'. gAr;.t to do it off the top of somebody's head. And the second thing i-: that tiie iuclit that we were in process of doing with City staff was expanded, at your request, to include, two departments. Now, we don't have the kind of extra staff to simply take on that task and do it on a timely basis. Consequently, I have asked our outside auditors,-Peat/Marwick',.,, to take a look at what needs to be done and give an estimate of cost and tell me how long it will take to get it done, they are in the process of that right now. Consequently, I can't tell you how long it is aoLng tc take, they haven't even told me how much money it is going to cost to get it bone, but they will pretty soon... If I can finis:':, Mrs. Gordon.... Mrs. Gordon: Mr. Grassie, please, Mr. Parkins, -ailed for an audit of the day care program; that has nothing to do with the balance of the program or the balance of his department, has; he completed that or has that been completed? That's all we are asking about now. Mx. Grassie: Mrr. Gordon, I'm trying tc_ `:ive you an i:nswer which would be complete. The internal audit staff is not large enouc.h to do .3L of the things that you asked be done in your last meeting. The external au.iitors--Peat/Marwick-- are going to tell me, as quickly as they can, how long it's going to take them to do the extra work that you asked for. The internal audit work on the day care program, by itself, is still in process. Now, if you want, we can try anI get --if Mr. Parkins knows at this point --we can try and get an estimate of when that will be done...(RESPONSE MADE OFF THE PUBLIC R CORD)...We do not have from that staff an estimate of a completion date. Mayor Ferre: All right, why don't you try to bring us an answer if you would then at the next Cornndssion rm etino which is on March 9 .._ :>. _dc r . WQ we'd nbelong before then. •...- �1 0; <,c-,- t',1 finishes _ : tTs. ,'ackson : Pi g? t , bec7aase in the meantime our children are suffering. Mayor Ferre: All right, is there anything else to ccro up before this Commission at this time? Mrs. Gordon: Will it be finished before then, Mx. Grassie? You are the Administrator, you are over all. Mr. Grassie: Mrs. Gordon, the department head who is principally reponsible has just told you that he does not have an estimate with regard to when that job is going to be done. Mrs. Gordon: Well, you can get an answer, you are the Manager. fs. Grassie: I can get an answer but I can't give it to you now. Mrs. Gordon: Of course not, but you can ;,et that answer and you can get that job finished. You are talking about a segment of a department and it's already been what? two weeks,or more? Mr. Grassie: No, it's been less than that but they'll do a workman like job and they'll get done when they are finished, that's all. Mrs. Jackson: I have one last question. I would like to know how do we get on the agenda for the next Commission meeting? Rev. Gibson: Just write to the Manager, write to the Manager or if you bring me that letter, 1'li get it in there for you. Mrs. Gordon: It was February 6 that the audit began, I believe, February 6. Mr. Phu:tre:: I move to adjourn. rev. Gibson; I second the motion, 116 FEB 2 31978 ADJOURNMENT: There being no further business to come hufo! the City Commission At this time, the meeting was adjourned at 6:05 I.M. b AURICE A. FERRE Mayor Mit.ST: RALPH G. ONGIE City Clerk MATTY HI PAI Assistant City Clerk CI1Y OP IWAMI ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 DOCUMENT INDE DOeUMEUT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE NATIONAL CENTER FOR MUNICIPAL DEVE- LOPMENT, INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH DADE COUNTY, FOR THE RENTAL OF SPACE IN THE MUNICIPAL JUSTICE BUILDING. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ADDENDUM AGREEMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF M7AMI AND THE MIAMI BRIDGE PROGRAM OF CATHOLIC SERVICE BUREAU. TERMINATING THE OCTOBER 24, 1958 AGREEMENT WITH GRAND UNION SUPERMARKETS, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVI- SION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT TO INCREASE THE SCOPE OF WORK OF THE ARCHAELCIGICAL SAL- VAGE/CONVENTION CENTER SITE. ACCEPTING THE COMPLETED WORK PERFORMED BY DUFFEY CONSTRUCTION COMPANY, INC, AT A TOTAL COST OF $233,653.78 ACCEPTING THE COMPLETED WORK PERFORMED BY NARKS BROTHERS COMPANY AT A TOTAL COST OF $23,180.00 TAKING THE WORK ENTITLED FLAGLER STREET HIGHWAY IM- PROVIDENT H-4372 AND FLAMER STREET HIGHWAY IMPROVEMEN1 MENT EXTENTION H-4391 OUT OF THE HAND OF CONTRACTOR C.A. DAVIS, INC. ACCEPTING THE PLAT ENTITLED JEFFERSON'S ADDITION ACCEPTING SIX DEEDS OF DEDICATION CONVEYING TO THE CITY OF MIAMI 10-FOOT STRIPS OF RESERVED ZONED WIDTH RIGHT OF WAY ABUTTING N.W. 28TH STREET BETWEEN N.W. 22ND AVENUE AND N.W. 25TH AVENUE, FOR THE IMPROVEMENT OF N.W. 28TH STREET ALLOCATING THE SUM OF $5,000 FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY, FOR EXPENSES INVOLVED IN GIVING INFORMATT.0N TO THE PUBLIC CONCERNING THE PRO- POSED $15,000,000 STORM SEWER BOND ISSUE. ESTABLISHING THE MIAMI ADVISORY conlvr= FOR THE HANDICAPPED IN ORDER TO STUDY THE WAY IN WHICH THE CITY'S HANDICAPPED CITIZENS LIVE. MEETING DATE: February 23y 1978 COMMISSION _ACTION R-78-116 R-78-117 R-78-118 R-78-119 R-78-120 R-78-121 R-78-122 R-78-123 R-78-124 R-78-125 R-78-126 R-78-127 RETRIEVAL CODE _N0,___ 0058 78-116 78-117 78-118 78-119 78-120 78-121 78-122 78-123 78-124 78-125 78-126 78-127 DOCUMENTIN DEX CONTINUED ITM N 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DOCUMENT IDeNTIPICATION ESTABLISHING THE REMAL FEE OF $100 FOR THE USE OF THE N AfiII ORANGE BOWL MEMORIAL STADIUM BY THE ARCHIDIOCESE OF MIANCI ON OCTOBER 7, 1978 ALLOCATING THE SUM OF $2,000 FROM THE SPECIAL QUALITY PROGRAM- QUALITY OF LIFE PROGRAM -MISCELLANEOUS ACCOUNT FOR THE PURPOSE OF PARTLY DEFRAYING THE COST BORNE BY THE DADE COUNTY COUNCIL OF ARTS AND SCIENCES AND THE CULTURAL EXECUTIVES COUNCIL, INC. ACCEPTING THE SUM OF $3,000-$1,000 EACH FROM JOE AVAOLOS-TO BE USED TOGETHER WITH CITY OF MIAMI RE- SOURCES ACCEPTING THE BID OF B. & G. ELECTRIC, INC. IN THE PROPOSED AMOUNT OF $66,926.00 FOR WAINWRIGHT PARK IMPROVEMENTS -PHASE II ACCEFrtNG THE BID OF DECONCO, INC. IN THE AMOUNT OF $9,050.00 FOR WM-PRISONER PROCESSING AREA MODIFICA- TIONS FROM THE ACCOUNT ENTITLED "POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND WAIVING COMPETITIvE BIDDING FOR THE PURCHASE OF ETFC- TRONIC EQUIPMENT FOR AN ACCURATE INFORMATION MESSAGE PROJECT FOR THE DEPARTMENT OF POLICE ACCEFIING THE BID OF NORTHSIDE, INC. FOR FURNISHING EIGHTY AUTOMOBILES AT A COST OF $367,975.68, THE BID OF BOB DANCE DODGE FOR FURNISHING SEVEN PICK-UP TRUCKS AT A COST OF $30,707.67 ACCEFI'ING THE BID OF MDDERNFOLD OF MIAMI, INC. FOR FURNISHING A FOLDING PARTITION FOR THE AUDITORIUM OF THE ANNETTE EISENBERG TEEN CENTER IN EDISON PARK DESIGNATING AN AREA ON VIRGINIA KEY AS A LEASE TERN SANCTUARY FOR THE CURRENT NESTING PERIOD APPROVING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $47,000, FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS -FEDERAL REVENUE SHARING ALLOCATION FOR THE ADDITIONAL FUNDING TO BE PROVIDED TO COCONUT GROVE FAMILY CLINIC AND NICKY CRUZ OUTREACH OF FLORIDA, INC ACCEPTING THE BID OF A.M. & J. CORPORATION IN THE AMOUNT OF $176,100.00 FOR THE WESTERN DRAINAGE PRO- JECT E-42 FROM THE ACCOUNT ENTITLED "STORM SEWER G.O. BOND FUNDS". AUTHORIZING THE CITY MANGER TO SUBMIT A GRANT APPLI- CATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY DEVELOPMENT FUNDS AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLI- CATION TO THE UNTIUD STATES DEPARTMENT OF HOUSING AND URBAN DEVE APNIENT E0R COMMUNITY DEVELOPMENT T FUNDS CONFIRMING AND RATIFYING THE ACTION OF THE CITY )1A.NA.GER IN ACCEPTING THE BID AND EXECUTIGN THE CON— TRACT FOR THE TRADE FAIR OF THE RI ET WITH M CONSTRUCTION, INC. N NergiEvAL ACTION CODE ND. R-78-128 R-78-129 R-78-130 R-78-132 R-78-133 R-78-134 R-78-135 R-78-136 R-78-137 R-78-139 R-78-140 R-78-141 R-78444 78-128 78-129 78-130 78-132 78-133 78-134 78-135 78-136 78-137 78-139 78-140 78-141 0059 78444 DOCUMENTINDEX CONTINUED DO MEN DEN C ON Nesommigi fiV NO. 28 AUTHORIZING THE CITY MANAGER TO EXECUTE A GERM, CONTRACT OF INDEMNITY AND AN APPLICATION FOR AN INDEM- NITY BOND FROM THE AETNA CASUALTY & SURETY CO. IEVAL D ._ALO A