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HomeMy WebLinkAboutCC 1978-03-09 MinutesY OF MIAMI•. 1 NCOEtP -()RATED 96 E COMMISSION MINUTES OF MEETING HELD ON March 9, 1978 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RAID G. ONGIE CITY CLERK 1. 2. 3, 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17, 18. 19, IKEY CITI�'I��. IAFORIIA COMtATION OF EVELIO LEY AND CITY STAFF ON THE SUCCESS FUL ORGANIZATION OF THE "TRADE FAIR OF THE AMERICAS". STATUS REPORT ON F . E . C . PROPERTY CONDEMNATION PROCEEDING-3 ACe u'r COMPLETED WORK OF A.M. 6 J. CORP. FOR NORTHERN DRAINAGE PROJECT E-40. ACCEPT COMPLETED WORK BY WILLIAMS PAVING CO., INC. FOR N.E. 80 TERRACE COMMUNITY DEVELOPMENT PAVING PROJECT PHASE II, BID A. ACCEPT COMPLETED WORK BY OBENOUR ROOFING FOR EDISON PARK BATHHOUSE REROOFING-1977. PLAT ACCF.,PIANCE — BELLA BAHIA SUBDIVISION. PLAT ACCEPTANCE — EDGEWATER AMENDED PLAT. PLAT ACCEPTANCE — BEGONIA VILLAS SECTION TWO. PLAT ACCEPTANCE — BEGONIA VILLAS (S.W. 22 AVE. AND SECOr r ) . REQUEST PLANNING DEPARTMENT TO INITIATE A STUDY OF THE CITY'S ORDINANCES RELATING TO REPLATTING OF PLATTED DOTS DISCONTINUE AUTHORITY TO ACQUIRE EQUIPMENT FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. AND AUTHORIZE OPEN SOLICITATION OF COMPETITIVE BIDS FOR SUCH ITEMS IN THE FUTURE. AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH EQUITABLE LIFE ASSURANCE SOCIETY TO PROVIDE ADMINISTRA— TIVE CLAIMS SERVICE FOR GROUP HEALTH INSURANCE. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH BRYANT, FRANSON, MILLER, OLIVE, BRANDT AND RYAN AS BOND APPROV— ING COUNSEL FOR WATSON ISLAND DEVELOPMENT. RATIFY ACTION OF CITY MANAGER —AGREEMENT TO PROVIDE SECURITY SERVICES FOR TRADE FAIR OF THE AMERICAS. BID ACCEPTANCE - GOODWIN, INC. FOR ALIAPAT'TAH SANITARY SEWER IMPROVEMENT SR-5433—C AMEND SECTIONS 1 6 5 OF 8731, ANNUAL APPROPRIATIONS ORD. INCREASE APPROPRIATIONS FOR SPECIAL PROGRAMS AND ACCOUNT; INCREASE ANTICIPATED REVENUES FOR FUNDING OF "COCONUT GROVE'S PAINTED ARCHITECTURE" PILOT PROJECT, AMEND SECTION 16-32 OF THE CODE TO PROVIDE FOR AUTHOR- IZED SALE OF SURPLUS PROPERTY TO SISTER CITIES. AMEND SECTION 1 OF 8716, ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS; MAKING ADJ USTM NT IN GENERAL OBLIGATION BOND FUND FOR "SOUTH GROVE BICYCLE PATH MODIFICATIONS", ,STD SECTION 39-20 OF THE COPE -CITY' S TAX UPON ADMiS.- SIONS TO THE MIAMI ORANGE BOWL MEMORIAL STADIUM; GUAR- tIZN1MUM RENTAL. FEES., OR ori�, PAGE NO0 DISCUSSION bISCUSSION R 78-155 R 78-157 R 78-158 R 78-159 R 78-160 R 78-161 R 78-162 M 78-163 R 78-164 DEFERRED M 78-165 R 78-166 R 78-167 R 78-168 8770 8771 8772 1-2 3-5 5 6 6 7 7 8-9 9 9-10 10 11 11-15 15-16 17 17 18 18-19 FIRST READING 19-20 MAR 1978 i ITEM 43, IND CI LIT ig,R8R154 &PICT 20. AMEND CODE BY ADDING/DELETING VARIOUS SECTIONS OF CHAPTE2 64, TItONMENTAL PRESERVATION AND TRANSFER JURISDICTION OVER ENVIRONMENTAL PRESERVATION FROM THE BUILDING DEPART, MENT TO THE PLANNING DEPARTMENT. AMEND CHAPTER 37-1 T RU 37-10 OF THE CODE, "OBSCENE LITERATURE, MUSIC, PRINTS OR PICTURES" BY REPEALING SAID CODE SECTIONS. 22. DIRECT ADMINISTRATION TO DEVISE A METHOD WHEREBY PETER JOFFRE MAY ATTEND CITY CCHMISSION MEETINGS AS REPRESENTA- TIVE OF RETIREMENT PLAN BOARD WITHOUT THIS ATTENDANCE TIME BEING CHARGED AGAINST HIM IN HIS DEPARTMENT. 23. CANVASSING OF RETURNS FOR SPECIAL BOND ELECTION HELD MARCH 7, 1978. (SEE ITEM 25) 24. DIRECT CITY MANAGER TO HAVE PERSONNEL DIRECTLY CONNECTED WITH CITY OF MIAMI FOLK FESTIVAL CSmmrTTT;E PRESENT AT AFTERNOON SESSION. (SEE LABEL 30) 25. RESOLUTION CANVASSING RETURNS OF SPECIAL BOND ELECTION HELD MARCH 7, 1978. 26. RECEIVE, OPEN AND REFER TO CITY MANAGER FOR TABULATION SEALED BIDS FOR CONSTRUCTION OF MANO SANITARY SEWER IMPROVEMENT SR-5437-C. 27. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 28. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF S.W. 23RD AVENUE SANITARY SEWER IMPROVEMENT SR-5332-C. 29. 30. 31. 32. 33. 34. PERSONAL APPEARANCE OF MR. MIKE SIMONOFF REGARDING "ABITARE" PROJECT AT 3495 MAIN HIGHWAY. INTERNATIONAL FOLK FESTIVAL PROJECT. EMERGENCY ORDINANCE -AMEND 8757, SECTION 4 (BANKING SERV- ICES) BY CHANGING EFFECTIVE DATE FROM MARCH 1, 1978 TO READ APRIL 1, 1978. RESOLUTION URGING DEFEAT OF PROPOSAL TO ELIMINATE APPLI- CATION OF THE DOCTRINE OF "MUNICIPAL SOVEREIGN IMMUNITY" WHICH IS BEFORE THE FLORIDA CONSTITUTIONAL REVISION COMMITTEE. AUTHORIZE CITY MANAGER TO SCHEDULE AN EMPLOYEE ELECTION TO DETERMINE EMPLOYEE REPRESENTATION PURSUANT TO PERC ORDER, TO BE HELD NO LATER THAN APRILII, 1978. DISCUSSION IN CONNECTION WITH RETRIEVAL OF POLICE RECORD ON WEEKENDS. 35. DESIGNATING MARCUS KOHLY AS COMMISSIONER J. L. PL t'S REPRESENTATIVE TO THE SITER CITIES' PROGRAM TO BE HELD IN TME CITY OF HIALEAH; PROVIDING FOR PAYMENT OF REGIS- TRATION FEES. 36. INQUIRY AS TO THE STATUS OF THE AUDIT OF DAY CARE 37, CITY COMMISSION COt +IAATTON OF MR. CK ALL' S SUCCESSFUL FORTS IN PROMOTING THE RAM TRANSIT AND ARM SEWER BOND ISSUE LOTION. mAr rim so�u�rto�r��o, FIRST READING FIRST READING M 78-169 DISCUSSION M 78-170 R 78-171 R 78-172 R 78-173 DISCUSSION M 78-174 8773 R 78-175 M 78-176 DISCUSSION M 78-177 DISCUSSION M 78478 PAGENOI 1 21,-28 28 29-31 31-33 33-34 34-35 35 36 36 37-44 45-52 52-53 54 55-63 64 64 64-65 65 MINUTES OF REGULAR MEETING OF THE CFTY COMMISSION OF MIAMI, FLORIDA * * * * * * * * On the 9th day of Match, "1978, the City Commission of Miami, Florida, met at its tegular meeting place it the City Hall, 3500 Pan American brine, Miafui, Florida in regular session. The meeting was called to order at 9:10 A.M., by Mayor Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummet, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ALSO PRESENT WERE: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. 0ngie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegience to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. COMMENDATION OF EVELIO LEY AND CITY STAFF ON THE SUCCESSFUL ORGANIZATION OF THE "TRADE FAIR OF THE AMERICAS". Mayor Ferre: Good morning, ladies and gentlemen, this is a regular City of Miami Commission day. The agenda is before you --March the 9th. Before we commence our deliberations, I would like to take this moment at the beginning of the Trade Fair of the Americas to thank Charlie Crumpton, to thank all of the people who were involved in this, such diligent work. I want to make a special reference to Evelio Ley who has taken on a gigantic task and with a tremendous amount of personal dedication, sacrifice, unbelievable hard work, has put together what is quite obvious at the onset striking fair. I had breakfast this morning with the Lt. Governor of the State of Louisiana, Mr. James Fitzmorris. He had had dinner last night with the Secretary of Agriculture, Doyle Carlton. He was quoting Doyle Carlton as saying --as have others who were present and participated --what a tremendous success we had yester- day. I thick this will have international impact. I was surprised to have the Lt. Gov. of Louisiana tell me that my colleague and friend Moon Landrau, of New Orleans, is very concerned about how much further Miami has gone than New Orleans in inter-american affairs. Of course, we look at it the other way around, that they've done more than we have. But, you know, we cannot continue to be a small provincial town. We cannot, by looking back,end up wanting the stay back where we were. Miami is no longer Tekuesta village, nor is it the wonderful small town that Henry Flagler started when he brought the railroad down here, nor is it really the same town that I came to 25 years ago with a population of 400,000 people; we're a community of 1,600,000 people. We need Rapid Transit --thank God even though through a slim margin we got it.We need an amusement park, out of the 20 major metropolitan cities in the United States the only one that does not have an amusement park is Miami. We need the FEC property that we are presently getting through the diligent work of Bill Prates and others. But we also need to look south, to look to the Caribbean and Latin America, because our potential is there. Governor Askew was telling that even though he had a most successful trip to Japan, he recognizes that the future for this community, and you know that something like 60% of our foreign exports, Rose, from the State of Florida go to Latin America, This is our market, this is what we've got to look and whether it is Colombia or Ar- gentina or Jamaica, that's where our future is as a community as we look Out beyond our own shores and certainly this first Trade Fair of the Americas is i MAR 91978 a Major stop in that direction. t would like to personally recognife at this tithe the man who, ih sty opinion, really put it together, a person Who really Worked diligently and did a tremendous job acid though he's been personally botheted about stall things, 1 hope that those small things will recede as time goes oh and that what will retain in memory will be the important things that were accomplished. tvelio, if you would step forward for a moment, please, I'd like to publicly recognise you, and thank you and apologise for any problems that t or My staff or any of us have given you in the past and tell you that all of those things are certainly forgotten --in my mind anyway and t hope in everybody else's mind -..and that t think that what remains is just a tremendous victory and what We will remember in the years to come are the touchdowns that we achieved and 1 think the first lady's presence last night was the testimony to the recognition of the importance of what we are doing. You had a tremendous success. The very best wishes for the next 11 days left in the Pair. Mr. Ley: Thank you, Mr. Mayor and at the same tithe I would like to thank you and all the members of the Commission and the Administration of the City. Without a full cooperation it is impossible to do anything, nobody can do it. And also for the record, I would like to thank the support of all the members of the Administration and also the members of my staff which I think that without themitwould have been impossible to do it. The countries are very happy. WO -,have been having all meetings with the National Exports directors and the directors of pavilions, they are satisfied. They need communication --internal communication in each particular pavilion in order to communicate with each particular exhibitor any of the information that we are giving to them at the present time. I would like to thank all of you. I would like to be sure that all of you will be visiting the Fair and also all the members of the Administration of the City. Thank you very much and we hope that the next 11 days will be very successful in the Fair. Yesterday was a very successful day for business at the Fair between 10:00 o'clock A.M. and 2:30 P.M. We had over 1,000 buyers visiting the Fair in those 4 hours. They were very difficult hours because it was just the opening and today we are having Ambassador Orfila visiting the Fair at 10:00 o'clock and we are beginning today with the national day of . Dominican Republic. Thank you very much to all of you and if anyone of you,please, is able to attend to anyone of those official functions we'll certainly appreciate it. Mayor Ferre: Evelio, I think it will be very appropriate if every morning you would have one of your people call each Commissioner's office and let them know what day it is, like today is the Dominican Day, you know, maybe Father Gibson may want to participate in some of the events of the Dominican Republic. Rose Gordon may want to participate in the events of Brazil or... we may want to participate in the events of Ecuador. I know I would have an interest in Venezuela. Mr. Ley. You will be receiving... I'm going to have a member of the staff calling them every day but anyway you are receiving this --the official program of the Fair where every day it has the information exactly what it is the official event taking place. Mayor Ferre: Now, but you see I can't go every day and I'm sure nobody else can, but perhaps Plummer might have a special interest in Colombia, for example, so when there is a Colombian day and Colombian functions going on I think it would be very appropriate for Plummer to be there if he can and if he can't, well, maybe one of us can go. Mr. Ley: Thank you very much and I'll make sure that all the members of the staff of every Commissioner had this in his hands. Mayor Ferre: Thank you again and congratulations. MAR 91978 2. STATUS REMIT ON r.t.c. PROPERTY CONDEMNATION PPOOttbINGS, Mayor Ferret All right. at this tittle 1'd like to recognize Mk, till Prates who is in the audience and came dowh here to give us a special tepott.Mr, Prates, Mr, Prates; Thank you Mt, Mayor and members of the Commission, DI talking to Mk, Grassie, 1 suggested that it might be helpful if 1 came and made a report to you on the status of the P,t,C, property. As you all know, you hired my law firm to attain this property within the City's financial ability to acquire it softie approximately 41/2 or 5 months ago, We gave it number 1 priority in Our Office, I personally have been involved in it from the inception and we took several of out people off of othet matters and I put everything else aside And Worked on this matter almost constantly from the day that you hired us. .The first phase, I'm sure you are all aware, was the battle to get the right to condemn the property. That was an 8-day battle with lawyers that would raise every possible and every conceivable defense and as I'm sure you are all aware of Judge Lee, about a week after the trial, concluded- that phase of the trial and ruled that the City had right to take the property. That was, what I thought, the major hurdle in this litigatiOn, The next phase or the second phase and it was to start on Monday of this week, was the Judge's hearing testimony so that he could set the evaluation of the property. The lowest estimate that our appraisers originally had was $14,500,000. The other ap- preaiser of ours had $15,100,000, We had taken the depositions of the Florida East Coast appraisers and their figures were $23,000,000 and $24,000,000. As we were getting ready to proceed on Monday, the Florida East Coast lawyer, 41P Mr. Simmons, called me and suggested a stipulation which, as I go over it I will tell youwhat the terms are but first maybe it willbe helpful if I tell you what the Judge could or could not do. He had to determine an amount of the fair esti- mate of the value. Our original estimate, as I said, the lowest was $14,500,000. He then would require the City to deposit that money in the register of the court and it would then be deposited by the clerk of the court into a fund and that interest would go to the primary road fund. I think that's very im- portant in discussing the stipulation. The city would not have gotten that interest which would obviously be substantial. The Judge also had the right to determine under what conditions we could take the property; so, it wasn't any clear right that we could move in and take possesion of the property after the Judge ruled. It was my strong feeling that the Judge in this case who has, I think, a very fine sense of the equities of situations would not have required the Florida East Coast and their lessees to move out of the property until they had been reallocated and he indicated that during the trial that he didn't want to run them out of business and they made a great point of this. Now, after the Judge had done that, the Florida East Coast would then have the right to appeal before we got to the jury verdict. So, that was the situation that we were confronted. I was concerned because when you are dealing with one individual is always difficult to speculate or de- termine what the Judge was going to determine. I think it was a matter of common knowledge that the City had certain resources and beyond that it raised some complications and I was very mindful of this. So, when Simmons suggested a proposal we went over and after several hours of discussion we felt that it was the kind of proposal that we couldn't turn down in anyway; so I called Mr. Grassie because I feltitwas a policy questionnota legalquestion,..I called Mr. Grassie and strongly urged him to approve it or give us the go ahead signal. After asking me a number of questions which 1 thought were the critical questions he said go ahead and as a result of that I asked the special counsel Mr. Simmons, representing Florida East Coast, to enter into a stipulation. Now, what does the stipulation provide? And I submit to you that I felt that the stipulation was better than what we could probably get as a result of the 3-day trial. And it certainly had answered and eliminated all of the uncertainties. One of the things that I think it is important to bear in mind is that nothing in the stipulation, nothing in the Order, has anything to do with the Ultimate value of this property which will be determined by a jury, and that's very very important. In other words, $14,500,000 is not any figure that we have agreed or stipulated as to the value of this property either one way or the other, NOW# what does the stipulation require? It requires that the City deposit an additional $11,700,000 in the bank because you already from the previous litigation have $3,300,000 in; there for the other parcels, which that case as you recall was reversed, The interest on the 3 iAR 61978 $14,Soo►boo Will be the City's, and that is a very substahtial aMouht obviously. They have agreed that they would expedite the appeal We plan, if you approve the atipu1atioh and the order, to ask the Appellate Courts either the Vocal court or the Supreme Court, to expedite this oh the calendar, to expedite the filing of briefs, to expedite the actual argument and the disposition of it. Agaih hone of these stipulations can be introduced to Court, none of them having any beating on the ultirate decision in this case. The title Oh the deposit of the money will pass to the city. It would be our strong recommendation that under any circumstances that you not move in and take possessioh, and t so urged Mr. Grassie, of the property until the appellate process has been completed ih the State Courts for the simple reasoh that you are already in a lawsuit about knocking down a couple of fueling stations when the case was reversed and it just would not make sense, it'd hot Make a legal sense. --Mayor Ferre: What's the time factor on that, Mr. Frates? Mr, Prates: The time factor is...we have 45 days, the City has 45 days in Which to put up the moeny. Under the Statute you have 20 days to put it up. Now, if you are talking, Mayor, about the time factor on appeal that's a hard thing to judge, I'm very optimistic that we can expedite this and I'M hopeful --don't hold me to it-- but I'm very hopeful that we could be back here with the resolution of the State Appellate Court in 6 months. That might be optimistic but I think we can do it if the Courts agree and is the stipulation it provides that Florida Fast Coast will expedite the entire proceedings. One other question has been asked about, and I think I hope I've answered that but I'll be glad to answer any questions that you might have is --why don't we take the property? You would have to do that over my prostrate body because it would be a big legal mistake. We feel very comfortable about this field, we feel that the record will support the judge's findings and its legal conclusion. We feel that we are going to win but we can't guarantee you are going to win it and it would just not make economic sense to go in there and take that property at the present time. Mayor Ferre: Thank you very much, Mr. Frates. Any other question? Mrs. Gordon: I guess, Mr. Grassie, can answer this one. The $3.3 million it was not deposited with the Court either then, was it?...okay, you can tell me Bill, either one. Mr. Frates: Well, we went into this and it is not...it is in the Florida National, Mr. Grassie correct me, drowing interest, the Judge permitted them to do that? Mrs. Gordon: This was the same procedure then that was taken on the first portion, or is it? Mr. Frates: Well, deposited, yes, but the procedure was not the same. You had a trial there. If you want to figure out what $3.3 million for that portion was it's substantially higher than the $14.5 million but in effect, yes. Mrs. Gordon: No, the money was not put with the Court for the interest to go to the road fund, that's what I'm trying to establish, that was Simmons. Mayor Ferre: All right any other questions? If not, thank you very much, Mr.-Frates; for your presence here today. Do we have the Minutes before us, Mr. Clerk? Have the Minutes been sent to the members of the Commission? Mrs. Gordon: We don't have any Minutes. Mayor Ferre: Well, we'll have to skip over...this is the second time we've skipped over Minutes, is that correct? Mr. Otigie: Yes, Sir. Mayor Ferre: Well, how about the Minutes for the previous meeting, do you have those? Mr, Ongie; The Minutes of the previous meeting are still in process or at the Print Shop, Mayor Ferre: So, now we'are two Minutes behind, MAR 91978 Mrs, Gordont I would suggest that we ask.... Mayor Parret We are behind.. exeuee, pose,+., we are behind the Minutes for 23rd of Pebruary and the 9th of Pebruary, is that earreet, Mr. Ongiet That's eorreet. Mayor Perret And we've approved the Minutes of the 34. Mt. Oiigiet 'Yes, Sir. Mayor Perret Now, you ought to keep tabs On this now, Mr. Clerk. 'Mir. Ongiet Yes, 1 will. Mayor Ferret Until whenever we get around in getting these Minutes then we Can.... Mrs. Gordon: Y think the Print Shop holds things up sometimes because of their value and perhaps we can just get 5 copies of 6 xerox from the original and be able to read them and approve them at the next meeting. Mayor Ferret We are two !Minutes behind now, so we'll see if we can speed that up somehow. 3. ACCEPT COMPLETED WORK OF A.M. & J. CORP. FOR NORTHERN DRAINAGE PROJECT E-40. Mayor Ferre: We are on item #1 now which is a resolution accepting completed work by A. M. & J. Corporation on Northern Draiange Project E-40. City Manager recommends. Is there a motion on this? Mrs. Gordon: Moved. Mayor Ferre: All right Mrs. Gordon moves seconded by Reboso. Further discussion: Call the roll on 1. The following resolution was introduced by Commissioner Rose Gordon who moved its adoption: RESOLUTION NO. 78-156 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY A. M. & J. CORPORATION AT A TOTAL COST OF $225,184.00 FOR NORTHERN DRAINAGE PROJECT E-40; AND AUTHORIZING A FINAL PAYMENT OF $22,485.90 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Manolo Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Cksmaissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Nanolo Reboso Mayor Maurice A. Perre $DES; None ACCEPT COMPLETED WORK BY WILLIAMS PAVING Co,f INC. FOR N+E. 80 TERRACE COMMUNITY DEVELOPMENT PAVING PROJECT PHASE IIf bIb A. Mayor Perre! Take up iteM #2 accepting complete work by Williams Pasting COMpahy; the Manager rec sfn end§ for $ 3, 067.72 : Rose Gordon Moves, Father dibson secc)fids it. Manager reccaMends. Call the toll; please. The fO110wing resolution was introduced by Co Missioner Rose Gordon Who moved its adoption: RESOLUTION N0. 78-157 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS PAVING COMPANY; INC. AT A TOTAL COST OP $49,289,27 FOR N. W. 80 TERRACE COMMUNITY DEVELOPMENT PAVING PROJECT - PRASE II BID A - HIGHWAYS, AND AUTHORIZING A FINAL PAYMENT OF $3,067.72 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rev. Theodore R. Gibson, the 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. Terre NOES: None. 5. ACCEPT COMPLETED WORK BY OBENOUR ROOFING FOR EDISON PARK BATHHOUSE REROOFING-1977. Mayor Ferre: Take item 3 for $537.82. City Manager recommends. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION NO. 78-158 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY OBENOUR ROOFING SHEET METAL & SUPPLY COMPANY AT A TOTAL COST OF $5,378.20 FOR EDISON PARK BATHHOUSE REROOFING - 1977, AND AUTHORIZING A FINAL PAYMENT OF $537.82 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Manolo 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 NQES; None. 6 MAR 9 1978 PLAT ACCLPTAUCB BLLLA BAHIA SUBbIVtSt0W Knot Ferret Take up item 41 accepting the plat entitled tells Bahia Sub- division at or near S. E. 14 Lane and S. E. Eayshore Drive. The following resolution was introduced by Vice Mayor Manolo Reboso who moored its adoption RESOLUTION NO. 78-159 A RESOLUTION ACCEPTING THE PLAT ENTITLED BELLA BAHIA SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING THE CITY MANAGER AND 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 J. L. Plummer, Jr., 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. Terre NOES: None. 7. PLAT ACCEPTANCE - EDGEWATER AMENDED PLAT. Mayor Ferre: Take up 5, Plat Committe 'recommends. It's a plat on Edgewater Amended Plat, N. E. 23rd Street and Biscayne Boulevard. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION NO. 78-160 A RESOLUTION ACCEPTING THE PLAT ENTITLED EDGEWATER AMENDED PLAT, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on the file in the Office of the City clerk). Upon being seconded by Vice Mayor Manolo 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. MAR 91918 PLAT ACCt?TANCE BEGONIA VILLAS SECTION TWO. Mayor 'ette: Now we Mite into the Begonia Villas, there ate two of them, t just Want to Warn you that this is a matter that we've discussed before SO that yott are aware of what you ate voting. Plat Cotitiittittee recommends. Mt. Gordon: These two m ttets have come before us and have been delayed oh numerous Odeasiohs. t have not changed my way of thihkihg but oh the other hand t don't know what legal recourse We have. I'll ask the Attorney, Mr. Itnox, if he would.... Mayor 'erne: Mr. Khox, we have a legal question before you. The question is on items 6 and 6.1-one of them is new and the other one we've had pending t think since January or February or something like that. I think we've delayed one of them we delayed it twice. I guess the question before you is do we on...we have grounds to do that,as 'understand it,it'was presented by members of the Commission, specifically, at the area.... Mrs. Gordon: The question is, do we have any legal grounds for any further delay? Mr. Knox: The answer is no.They've satisfied all of the requirements of law and the matter is properly before the Commission and regarding plats, they must be approved. Mayor Ferre: Is there a motion? Moved by Plummer, seconded by Gibson. This is •item 6. Further discussion.? Mrs. Gordon: Personally, under discussion, I will vote against both plats. Ihave, as stated many times previously, felt that there is something lacking in our procedures,in our ordinances,that permit the replatting of platted lots into small parcels and I will be voting against these and obviously they will pass anyway because the majority probably will go with it.But,... I'm not precluding the result but I'm just saying my feeling is, Mr. Mayor, that when this item is concluded that we should take some action to preserve the City. Mayor Ferre: I'll recognize you for a motion at that time. Mr. Plummer: Under discussion, Mr. Mayor, I want to indicate for the record that I am not in favor of this kind of thing in that particular area. I know what they have is proposed but I think it creates a trend but my City Attorney advises me that we have no legal reason to do anything but proceed where they have complied with the law then I feel obligated that I must vote because it is legally sound and must do so. So, I just want that on the record. Mayor Ferre: All right, further discussion. Call the roll on 6, please. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION NO. 78-161 A RESOLUTION ACCEPTING THE PLAT ENTITLED BEGONIA VILLAS SECTION TWO, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEIPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH IMPROVEMENTS ON S. W. 22 AVENUE UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Rev, Theodore R. Gibson, .the resolution was passed and adopted by the following vote; MAR s 1978 20 REQUEST PLANNING DEPARTMENT TO INITIATE A STUDY OF THE CITY'S ORDINANCES RELATING TO REPLATTING OF EXISTING PROPERTY. At>vS HMS: Ci3fitltissioher J. to flu ter, Jr. Cdt issiotter (Rev.) Theodore A. Gibson Vide Maydr Maholo Reboeo Mayor Mauriee A. Fevre cotttissioner hose Gordon PLAT ACCEPTANCE BEGONIA VILLAS (S.t4► 22 AVE. C SECOF 'EE) Mayor Ferret Take up item 6.1. Mr. Plummer: Mr. Knox, is this the same? Mr. Knox: Yes, Sir. Mr. Plummer: With the same comment that I made on the previous, I move it. Mayor Ferre: Is there a second? Seconded by Gibson. Further discussion. Call the roll. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION N0. 78-162 A RESOLUTION ACCEPTING THE PLAT ENTITLED BEGONIA VILLAS, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACEEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AHD 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 Rev. Theodore R. Gibson, the reso- lution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: Commissioner'Rose Gordon with a situation similar to what we are facing here today, they have come up with a procedure 'ghat Say€,"tQ be simpl#.€led,that there be no replattinq of platted property. That doesn't tear: that you canr:gt plat an un�platted piece of property but where Wit a platted lot that there be no replatta.r:g and in that way 1 Mayor Ferret Ta)e up item 7.0h, I'm sorry, Rose, I recognize you for the pulse. ems, Gordon: in other communities where they're faced the character anelgQncood can be preserved, Now, Coral Gables has such 9 MAR 91978 an ordinanee,,af''e been told, and I would naive you. Sit. that out Pianhino Debabthent be ifietrueted to study the situatioh outlined and the ordinance existi a in Coral Gables afid possibly other coMMunities like Cotal Gables and come up and give us a recommendation on how to proceed because otherwise we will be faced with little lots in many areas that presently have a differ- ent ehr` aaeter and we legally have been told, aeeordinq to our ordinahees, we have nd other.... Mayor Ferret There is motion and there is a second to the notion. It's seconded by Father Gibson. Further discussion. Gall the roll. The following motion was introduced by Commissioner Rose Gordon who moved its adoption: • MOTION NO. 78-163 A MOTION DIRECTING THE CITY MANAGER TO RE, - QUEST THE PLANNING DEPARTMENT TO INITIATE A STUDY OF OUR PRESENT ORDINANCES GOVERNING OR RELATING TO REPLATTING OF EXISTING PROPER- TY AND TO MAKE A RECOMMENDATION TO THE CITY COMMISSION OF CORRECTIVE MEASURES. Upon being seconded by Commissioner Rev. Theodore R. Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 11. DISCONTINUE AUTHORITY TO ACQUIRE EQUIPMENT FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. AND AUTHORIZING OPEN SOLICITATION OF COMPETITIVE BIDS FOR SUCH ITEMS IN THE FUTURE. Mayor Ferre: All right, now we have item #8. Mr. Plummer: Mr. Mayor, unfortunately, I did not have the time to go into this matter as I'd hoped to... the Manager is recommending it so I'll introduce it. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION NO. 78-164 A RESOLUTION DISCONTINUING THE AUTHORITY TO ACQUIRE EQUIPMENT ITEMS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. UNDER RESOLUTIONS NOS. 41100 AND 42446 AND ACKNU4LEDGING THE VALIDITY OF ALL PRIOR ITEM ACQUISITIONS PURSUANT TO SAID RESOLUTIONS; FURTHER AUTHORIZING THE OPEN SOLICITATION OF COMPETITIVE BIDS FOR FURNISHING SUCH RELATED ITEMS IN THE FUTURE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Rev. Theodore R. Gibson, the reso- lution was passed and adopted by the following vote: AYES Commissioner 7. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vie Mayor Manolo Reboso Mayor Maurice A, Ferre NOES; None, 10 MAR 91978 12. AUTHORIZE CITY MANA t TO ENTER INTO CONTRACT WITH PQU1TAtLP LIFE ASSURANCE SOCIETY TO PROVIDE ADMINISTRATIVE CLAIMS SERVICE FOR 00UP HEALTH INSURANCE. Mayor Ferret 'fake up item #g authorizing the Managers to enter into a contract with Equitable Life Assurance Society to provide administrative claims service for group health insurance from April 1, t 7S through Mareh 21, 1070; said contract to be self-perpetuating. City Manager reeommends. Mr. Plummer: I move to be deferred Mayor Ferret All right, there is a motion that it be deferred. Vice Mayor Aebosot Second. Mayor Perre: There is a second. All right. Further discussion. Father Gibson. Rev. Gibson: I've got a letter. bid you get that letter, Mr. Grassie? Mr. Grassie: I don't believe so, Sir. Prom whom? Rev. Gibson: Didn't all of us get a letter from an insurance company? Mayor Ferre: I've got one from.... Rev. Gibson: Independent. Mayor Ferre: ....Mr. Amor and I gave it to Mr. Grassie just 3 minutes ago. Mr. Grassie: I've just received something from the Mayor a minute ago. Rev. Gibson: I would hope, I want to raise this questions or make statement, -and I hope the Commission will take formal action an that we willdirect all staff people...we cannot afford to have people come up and say we would not give them an opportunity to bid or the bid is so structured as to be favorable to one company over against another That to me is a disgrace and if companies cannot provide certain central things it ought to be said in a letter and to the Commission because I'm going to raise another question on another item. I have a sense of conscience, man, and I just don't think you and I can afford to have people say that about us. Now, we may vote and vote , you know, and not give it to them but at least don't say we denied it to them. And I'm very disturbed about this kind of dealing. Mayor Ferre: Is it a further discussion on the motion to defer? If not, call the roll. THEREUPON the foregoing :MOTION to defer was introduced by Commissioner J. L. Plummer, Jr. and seconded by Vice Mayor Manolo Reboso was passed and adopted by unanimous vote. • 13. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH BRYANT, FRANSON, MILLER, OLIVE, BRANDT AND RYAN AS BOND APPROVING COUNSEL- WATSON ISLAND DEVELOPMENT. Mayor Ferre: Take up item #10 which is authorizing the Manager to execute an agreement with Bryant, Franson, Miller, Olive, Brandy, and Ryan as bond approving Counsel in conjunction with issuance and sale of bonds to finance the Watson Islam Development. City Manager recommends. Yes, Ma'am. Mrs. Shubin; I would like to speak to this subject,if I may? Mayor Ferre; All right, you may unless we get a motion first and a second::and then for discussion purposes and I'll recognize you after the Commission discusses this matter... (ZNADDXPLE CANTS or, TIIE RECORD) . Mayor Ferre; All right, we will let you speak. 11 MAR 91978 M a Shubin: All right. Mr. Mayor &td Members of the CofflMission, My haMe is F'lofetice Shubih and 1'tfl Chairtan of an Ad Roc Committee to sage Watson island. have a few of the members of our Committee with us. As you sit here today ready to seledt bond counsel in conjunction with the sale of bonds to finance the development of Watson Island into a theme park I think it an appropriate tiffle to ask you to please reevaluate your selection of Watson island as a locale for your amusement park. Mr. Mayor, may I have your attention, please? Mr. Mayor► I have heard you refer to your park tiMe and time again as Tivoli Gardens, And Wheh you say 'iboli Gardens a light comes into your eyes. I've been to Tivoli Gardens too. Tivoli Gardens is an integral part of the City of Copenhagen. It is not an appendage. An amusement park on Watson Island can never be a Tivoli Garden. It would have to be in the City of Miami on the mainland and though you may ttot ask for my advice, everyone in town is trying to tell you through various media that your theme park belongs on Biscayne Boulevard. West of Biscayne Boulevard there is a vast area of depressed properties that are naturals for parking lots, even multi -story garages but mainly on Biscayne Boulevard, people could walk to your park. 1 know you rely on engineering studies for Which you spend huge aMounts of money but let me give you some free information. I live on the McArthur Causeway and there is something wrong with the traffic studies you ate getting. The traffic problems are not only going to make me unhappy be- cause I won't be able to get in and out of my island, but they are going to make you even more unhappy because they will eventually kill your park. You own other large tracts of land, how about your 90 some acres of the Graves Tract? How much more accessible by automobile from all points; how much more land for expansion. I can't figure out why you picked Watson Island when these others are much more feasible and offer so many more guarantees for success. Watson Island is a bottle- neck. We who live close... Listen to the people, they are not so dumb. Many of them are even smarter than the experts at times. Sometimes the experts can't see the forest for the trees. I think this would be a good time for you all to take time out to re-evaluate the location of your theme amusement park. Fifty- five million dollars is a lot of money. Be sure you are putting it in the right place. You wouldn't want the people of Miami to the the losers. Thank you. Mayor Ferre: Thank you very much, ma'am, for your presentation. I might ask the four ladies that are present here, do you all live, is it on Palm Island or Star Island? You all live on Palm Island? Hibiscus? I see. Your concern basically is the traffic problem? (INAUDIBLE RESPONSE) Mayor Ferre: I might point out to you because I don't want to get into a debate with you but we have not spent any money so far in any of these things. This has been done by the proposed developer. We haven't spent any money. The moneys that were spent by the City of Miami were very very little and it was back when Mr. Pritzker was involved. And how much did it amount to, Mr. Manager? Mr. Grassie: Well, putting aside staff time, staff salaries, as I recall we had a total of $55,000 basically for the feasibility studies. Mayor Ferre: Have we spent that? Mr. Grassie: Yes. Mayor Ferre: I stand corrected. I'm sorry, I thought that we had not spent that much money. All right, I understand your misgivings and I understand your prob- lems. I don't know how to answer it really except to tell you this: I've often thought-- I've got a good friend who owns a very large - for his bank but he is the chairman - who owns a very large tract of land in the DuPont Plaza and for years that gentleman had been saying, "Well, the moment we get the traffic prob- lem worked out we will put up a building, a large building." You know, if people thought that way all over the world, and I've, Mr. Grassie, been trying to con- vince my son the other day about how to vote on the Water and Sewer Bond. You know what his answer was to me? And I got very angry at him. He said, "I'm going to vote against the Water and Sewer Bonds." I said, "You can't do that" and he said, "Oh, yes". I said, "But why are you going to vote against the Sewer Bonds?" This is my older son, He said, "Well, it doesn't affect me personally." i said, "That's a terrible thing to say, just that you're going to be selfish about it since you don't happen to have a drainage problem where you live. There- fore, how about the people that have that kind of a problem, don't you feel any responsibility for them?" "Well yes, but I think we've got other things to 12 • MAR ev14 spehd out Motley oft," t said, "Such as what?" ire said, "Weil, t think We should spend that Money for a gatk ih the Culmet atea," see, I guess he Leads the rewaA, papers, to t said, "'that's fine and t agree with you but did you know that we ate going to do sueh and suehl" Well hot he didn't know that but, hevettheieae, he thought that it didn't effect hi% personally so why should he vote tot smote= thing that, you khow,.. Ahd t keep thinking of that thing that .,., , that ,Pr__'s statefieht always Coates badk to Me: "tf 1 apt hot for thyself who Will be fot pie? Ard if t am only for myself, what am t?'' Ahd this is what we ate up against all the time, You see, we have this afternoon Madam/ ZINAtB CCMMBN'X PAW AUbM ) May t fihish, and then I'll recoghire yott/ t promise you t would not iftertupt you, t give you my word, Now, we have this afterhooh, we are going to take up the awarding of a sahitaty sewer improvement. We always get very fine ladies like you that cos►e up here and they are opposed to the sanit- ary sewer programs and t ask them why. Well, because they are satisfied with what they have and they don't have to pay any Honey. Weil, I understand that but unfortunately we can't stand still. Now, you ladies live in Miami beach, you live in another jurisdiction, however, you have a perfect right to come up before this jurisdiction and express an opinion. I understand that you are personalty affected. You're concerned about traffic in going to your property in Miatti Beach, I don't blame you for that. We happen to think that it will hot cause you a problem. We also happen to think that this is an important project. It is not my project, this is a project of this Commission. It's a project for the City. Mrs. Shubin: Mr. Mayor, I didn't come to dispute your pooject. I merely came to dispute the placement of it and what is going to hurt us is going to hurt you also. We are not selfish people, this is a fact and I would like to personally invite you to come over and visit with me. I'll invite every member of this Commission to come over and watch this traffic. At times, you can go from the west to the east and there is an overpass where you can stand there for four lights before you can move. There is traffic on the McArthur Causeway and I'm trying to tell you that your experts are not givine you... I mean 1 don't know but when your... Figures do lie, let me put it that way. The fact is that the McArthur Causeway is a crowded place and it is going to hurt your amusement park. Mayor Ferre: Any other questions or statements? Mr. Plummer: In reference to iteml0? My only question is where is this firm located? Mr. Knox: In Tallahassee. Mayor Ferre: That's the Franson, Brandt Law Firm? Mr. Grassie: Yes, as a matter of information this resolution, Mr. Mayor and members of the City Commission , simply formalizes what the City Commission determined approximately five months ago. We selected this firm. Mayor ferre: Don't you remember we used to have a New York outfit doing this? In fact, I was the one that recommended it when John was our City Attorney, John Lloyd, and since that time I think it became apparent that perhaps you might be better off having a Florida counsel. Mr. Grassie: Well, this is specific to this particular project. ti Mayor Ferre: Yes, I understand. They are bond experts on Florida bonds. They specialize in Florida bonds and have a fairly good track record. Mr. Plummer: Mr. Manager, for the record you are indicating that there is no local firm in your estimation who is qualified to handle this? Mr. Grassie: At the time that the City selected - I'm talking about the City Commission - this particular firm you considered approximately ten other firms all of which were national firms. This was the only Florida firm of a size sufficient to undertake this task. So really, what we are... 13 MAR e7978 doing here is eii ply COnfit ling a deter iihatioh that you took about fide t bathe ago. Mayor rare: And we are deep into it as I understand. Mt Graesiet Yes, this really simply provides the agreement, You selected them;, as 1 said, five months ago, Mayor Ferret Plummer loves, is there a second`? Mr. Mummer: Mxcuse me, t thought discussion was over. Mayor Perret All right, Pm going to recognize you for discussion. Do you want to wait or what? Mold off Plummer on your motion, Father Gibson, I'll recognize you, Met', Gibson: All right, Mr. Manager, part of affirmative Action is also to look around in the City of Miami and in bade County. You know Affirmative Action is a term a lot of us use and it doesn't mean a doggone thing to spine of us. I want to make sure it's crystal clear that we look around, investigate, explore and when these kind of items come up I want the Manager to write me a note i I don't care anything about the others- that we have investigated be- cause the easiest way not to be affirmative is to never investigate. I want to Make a motion that the Manager be so instructed then I won't read these Minutes as I read them before, there was a discussion and nothing was done. That's a Motion. My motion is that froth now on when you're dealing with these kinds of matters that the Manager be instructed to explore the possibility of first a local firm, secondly a Florida firm. I want to make sure so that the Manager can't say, "Well, you know" I'm not saying you're doing that but I have in bind some other things. Okay, that's a motion. Mayor Ferret There is a motion and a second. Further discussion on the motion? Mr. Grassie: Just by way of motion, Mr. Mayor. It is standard procedure with the City that we do start ... Rev. Gibson: I want a memo saying. You see, Mr. Mayor, let me tell you what. It is very easy to tell me it is standard procedure and then you know later on everything is standard procedure and they don't stay on top. That is what Affirmative Action is all about, that you keep looking and you keep exploring and when the fellow is local you know that this is going to happen, some of them will get on the ball and get in the business. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 78-165 A MOTION DIRECTING THE CITY MANAGER TO, IN THE FUTURE, CON- DUCT A THOROUGH INVESTIGATION OF ALL CONSULTANTS, BOND COUNSELS AND OTHER PERSONS CONSIDERED FOR CONTRACTUAL AGREEMENTS FOR CITY PROJECTS, AND TO GIVE PREFERENCE TO: (a) LOCA L FIRMS; AND (b) FLORIDA FIRMS; AND TO ADVISE THE MEMBERS OF THE CITY COMMISSION WELL IN ADVANCE BY WRITTEN MEMORANDUM OF THE RESULTS OF SAID INVESTI- GATION PRIOR TO THESE MATTERS BEING PUT ON THE AGENDA. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manoio Reboso Mayor Maurice A. Ferre NOES: None, 14 MAR 91978 The fallowing tesalutian ease ihttaduoed by edMMiliSionet Plummer, who marred ite adaption RESOLUTION NO. 78466 A RESOLUTION AUTHOR/2ING THE CITY MANAGER TO ENTER INTO A CONTRACT TOR NECESSARY LEGAL SERVICES, ( A COPY TOR WHICH IS ATTACHED HERETO) WITH THE LAST pIPM OP BRYANT, TRANSOM, MILLER, OLIVE, DRAW ANb RYAN, TO ACT AS EONO APPROVING COUNSEL, IN CONNECTION WITH THE ISSUANCE Mb ant OP BOOS OP THE CITY OP MIAMI TO FINANCE THE WATSON ISLANb bEV'ELOP' MUTPROJECT. (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Perre NOES: None. 14. RATIFY ACTION OF CITY MANAGER - AGREEMENT TO PROVIDE SECURITY SERVICES FOR TRADE FAIR OF THE AMERICAS. Rev. Gibson: I want to speak to item 11. Mr. Manager, I'm sure that you all placed in the newspaper, and I want this Commission to.hsar this, I'm sure you placed in the newspaper an ad but you know Martin Luther King is dead and gone to his God. He said, One of the best ways to obscure and hide things from people is write. I want the Commission to also direct the Manager when you have these items such as this, the Commission said - Mr. Mayor, this was your doing - the Mayor said to the Manager and staff, I want you to make sure and talk with minority firms. Let me tell you if it is a lie,' got it from the staff, they advertised. Okay? I said, did you write any or call any, you know? They said no. The point I make is this: Let's assume that you don't have to play favorite to anybody, at least you would have talked with one, two or three. I think that this Commission needs to say to the staff they have an affirmative responsibility and affirmative responsibility is to get up off your seat of doing nothing and go ask. That's what it means. Now you need to know a Latin outfit ask me. See, you would have thought I was talking about Fincher because he is black and you know. A Latin outfit said to me, "I never heard" and I remember what the Mayor said and I'm saying that we need to direct the Manager and he could direct anybody else who was responsi- ble to say to everybody, write them a memo and send up a copy. Let us know dr that you have said to all of the heads of the departments that this is standard procedure. And don't tell me that this is standard procedure, I want to make sure, I want to read it. Mayor Ferre: I guess what is happening and what is being said, and I concur with it is that the firm that was used is Wackenhut. Is that right? Rev. Gibson: Mayor Ferre: Rev. Gibson: Mr. Crumpton: No. Who was it, Charlie? The other firm. The firm is International Patrol and Detective Agency, Inc. Mayor Ferre: Ok. Now you see there are only about a half a dozen or so firms that can do this kind of a job and 1 guess what Father Gibson is saying is to really be fair about this is it wouldn't have taken much to call the five or six firms involved and tell them, "Look, this is a bid process, bids will be opened such and such and you're available if you want to". But see, when you put it in the legal section of the Wall Street Journal or the Miami Herald you know it takes a specialized somebody to be reading all these things all the time to know that this is being done. Mr, Crumpton; It was a large black ad and it went to all five of them. Mayor Ferre; May I see it? Where was this printed? In what paper? Just the Wall Street Journal.? MOMMINNWPAMM Mr, Crumpton; Rio, it was in the Miami Herald, the Miami News, the Miami Times, piarios and The Miami Review in kly ad. 1. MAR 91978 MAyot tette: Charlie, hobody oah complain that you legally cc plied with the law. You put a big ad ih the Miati Times ► the Herald, the tatih howspapet and AO Oh, The fact still teSaihs that thete ate five of silt fitSt afout d here that could do the job and it would have been a simple 'matter to Make safe, Hey, tead the hewspapet today so you'll see what we're advetti sing'' and theh YOU rah avoid.,. The chalices are that the people that you awarded it to prob. ably would have gotten it anyway but at least you know you wouldh't have some= body say, "Well, you khow they'te playing games in the city of Miali" . We're bat, go t agree with What Father is saying. All fight, further discussion on item 11' Mt. Plummet: Yes. May 1 ask, Mr. Crumpton, who is the owner Of the firm? Mr. Ctumpton: Mr. Jack Ooldstein. He's on your fact sheet at the bottom' of the third page, background summary. Mr. Plu eer: Ok, thank you. Mayor Ferre: All right, is there a motion on Item 11? ReV. Gibson: I'm going to move it, Mr. Mayor, for two reasons: (1) the time is important and (2) that I trust the staff got the message and in the future 1 want it in Writing. Ok? And I'm not going to be victim of that that Martin Luther King said either because I'm going to read it knowing it came from you a11. That's the motion. Mayor Ferre: There's a motion of approval? Rev. Gibson: Yes, sir. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-167 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR GUARD SERVICE IN CONNECTION WITH THE TRADE FAIR OF THE AMERICAS WITH INTERNATIONAL PATROL AND DETECTIVE AGENCY, INC. AT THE RATE OF $4.85 PER PERSON PER HOUR, WITH FUNDS THEREFOR TO BE EXPENDED FROM THE LATIN AMER/CAN TRADE EXHIBITION TRUST AND AGENCY FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 16 MAR 91978 15 . Etb Ac CE : COMM fNC. 1` t =APR= SANITARY SEWER IMPRONEMENT SR=5433-C The following resoltttiot met introdueed by Cammiagiofter Cibsan, uho moved its adoptioh: P280LUTION M. 78-168 INC, TN THt A OP MOW$,$1195 5 A/V A�SANITARY IMPRO' S t-5433-C (centerline sue) TN Al :APAiTAU SA/TAR? SEWER 114PROVINENT DISTRICT 5R-5433=C (center- line sew) FROM nit MCMINT ENTITLED "SANITARY S G,O. BOND Pam" IN THE AMOUNT OP $1,595,361.25► ANt AUTHORIZING THE CITY MANAC R TO EXEC] A ORAC't MTH 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 thefollowing vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Cocmissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 16. SECOND READING ORDINANCE: AMEND SECTIONS 1 & 5 OF 8731, Art ANNUAL APPROPRIATIONS ORDINANCE, INCREASE APPROPRIATIONS FOR SPECIAL PROGRAMS AND ACCOUNTS; INCREASE ANTICIPATED REVENUES FOR FUNDING OF "COCONUT GROVE'S PAINTED ARCHTTFCTURF" PTT.nT PRn.TrrT 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, 1978, AS AMENDED, BY INCREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT OF $3,000; AND INCREAS- ING ANTICIPATED REVENUES BY THE SAME AMOUNT: FOR THE PUR- POSE OF FUNDING "COCONUT GROVE'S PAINTED ARCHITECTURE - PILOT PROJECT;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of February 23, 1978, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8770. 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. 17 MAR 91978 1 i SECOND READING ORDINANCE=AMEND SECTION 16,,32 OF CODE TO PROVIDE AUTHORiz b SALE OP SURPLUS PROPERTY TO SISTER CITIES, AN OADIMANCE ENTITLED AN ORDINANCE AMENDING SECTION 16-32 Or THE CODE OF 'NE CITY OF MIAMI, Ft tbA, AS AMENDED, ENTITLED "STOck REPORTS g. SURPLUS STOW EY ADDING AN ADDITIONAL PARAGRAPH THERETO P VIbfNG FOR THE AUTHOR1EEb sALE OF SURPLUS CITY PERSONAL PROPERTY, INCLUDING VEHICLEs AND EQUIPMENT, TO ANY FOREIGN CITY ENioYING A CURRENT FORMAL bESIGNATION AS A "SISTER Cirt" AND PRESCRIBING CERTAIN PROCEDURES AND CRITERIA POR SUCH SALE; AND CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. :,.Passed on its first reading by title at the meeting of February taken up for its second and final reading by title and adoption. On Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance thereupon given its second and final reading by title and passed and by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8771. The City Attorney read the ordinance into the public record and were available to the members of the City Commission and that copies public. 23, 1978, was motion of Was adopted announced to the ib. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 1 OF 8716, ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS; MAKING ADJUSTMENT IN - GENERAL OBLIGATION BOND FUND FOR "SOUTH GROVE BICYCLE PATH MODIFICATIONS". AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8716, ADOPTED OCTOBER 26, 1977, AS AMENDED, THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, BY MAKING AN ADJUSTMENT IN THE HIGHWAY GENERAL OBLIGATION BOND FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. 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 NO$, None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 8772 18 MAR 91978 the City Attorney read the ordnance into the public record and announce that copies were available to the blathers of the city Commission and copies were available to the public, Mayor pette: Now before we go on, Mt. Managet. ... You know $37,500 is fine, 1 hope that this is dote in a quality way. 1 want to tell you that the Coconut trove bicycle Path going from Mercy Hospital down to peacock Park has got to be one of the Most atrocious. Wetst designed, it is a blight, it just couldn't be Worse. tt should be a source of shame for us and it is to me personally. 1 want tO tell you that I hope... Yes► seeds that I got run over and a lot of other people get run over and it is dirty, it is ugly, it is poorly designed, it could hot have been worse done. I hope we do a better job this other tithe atouhd. May I emphasize that please, you give this personal attention and review this and if you heed I'd be happy for myself or any members of the Commission to go into this, if we're going to spend $37,000 please let's do it right. Let's not have another one of these Mickey Mouse deals that just typifies a lot of these things that we do, with all due respects to all of us, in the past like the present bicycle path. 19. FIRST READING ORDINANCE: AMEND SECTION 39-20 OF CODE- CITY'S TAX UPON ADMISSIONS TO THE MIAMI ORANGE BOWL MEMORIAL STADIUM; GUARANTEE MINIMUM RENTAL FEES, Mr. Grassie: The intent of this proposed ordinance, Mr. Mayor andmembers of the City Commission is to give the department enough flexibility so that they can more intelligently respond to requests of organizations that want to use the Orange Bowl, very often without having an admission charge. Currently we really don't have any way of fixing a charge for these organizations if they do not sell tickets. What this does is provides three different rates depending upon how much of the e stadium would be used, three different rates that would cover our costs for the use of the stadium principally for the kinds of events that do not have ticket sales as part of their plan. If you would like some further elaboration► Mr. Jen- nings is here to respond to your questions. Mayor Ferre: Mr. Jennings, would you answer to us, for example, I know that the Archdiocese of Miami has requested the Orange Bowl on October 7th, now how would that impact them? Mr. Jennings: This will have no affect on them, Mr. Mayor. Mayor Ferre: Well theoretically forget that. Suppose that they applied after this is... Mr. Jennings: It would still have no affect. What we're doing here, our present ordinance only commits us to assess rental fees at the Orange Bowl based on a per- centage of admissions but if there are no admissions how do we develop a rental fee. This merely sets forth some guaranteed fees. For instance, I have two events right now that want to rent the Orange Bowl, one is going to be a Latin entertainer who will play to just one side of the house. Admission to this event will be free, therefore, if we charge him 15% of the admissions we're not going to get paid. So we need a minimum, besides the 15% we need a minimum that applies. I have a sec- ond event where the gentleman only wants to use the playing field, he is going to put on an event on the playing field. I need some minimum, and again he is not going to charge admission for his event, it is like a garden party. So we just need a minimum that I can assess and that is what this does. Mayor Ferre: Thank you, Mr. Jennings. Any other questions? Rose? Mrs. Gordon: I don't know, I don't think we should not have a second reading at which time people should have an opportunity to speak. Mayor Ferre; I agree, I think we should do it on First Reading. Is there any reason why we can't do it? And Mr. Grassie, let me then point out unless it is something like Item 16 don't you think it is better if we follow normal procedure? 1 don't see any emergency nature in this. Why is it here? Mr. Jennings; Not on this particular one.... Mayor Ferre; Well why is it here as an emergency? ... Pid you request that it be put on as an emergency? Mr, Jennings► No, sir, I did not, 19 MAR 91978 Mayor Ietre: Well who did? Mr, Grassie, did you? Mt. dehhi> tgs t tethaps there Vat a riisuhdetstanding, there is another ohe, . . Mr. draggle: The City Attorney is telling tne, Mt. Mayer, that this was appatehts ly done in his shop for any item that is routine that does hot appear to have any Controversy attached to it. Mayor Ferret yes, but you see like Mrs. Gordon points out, what May be routine to you may hot be routine to the body of this CoMtitission. Mr Grassiet As 1 indicated, MY. Mayor, it has not been my judgement, Mayor Fetter 1 Mean to Mr. Knox, what may be obviously routine to you is obviously not routine to this Cofrlftissioh and so, therefore, I would like to reverse that and say unless you specifically feel that it is a Matter of emergency or the admin- istration it should be put on in the regular standard way, that is first and sec= Ond-reading. Mr. Knox: Yes, sir. Mayor Ferret on First Reading them, who wants to move it? Mr. Knox: Mr. Clerk, we can just in the title line cross out the last half of the last sentence. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO THE CITY'S TAX UPON ADMISSIONS TO THE MIAMI ORANGE BOWL MEMORIAL STADIUM, BY PROVIDING FOR CERTAIN MINIMUM GUARANTEED RENTAL AMOUNTS FOR STADIUM USE OF VARIOUS PARTS OF THE STADIUM IN INSTANCES WHERE EITHER NO ADMISSION CHARGE IS BEING ASSESSED FOR A PARTICULAR EVENT, OR THE ADMISSION TAX REALIZED BY THE CITY FOR A PARTICULAR EVENT IS LESS THAN THE MINIMUM GUARANTEED RENTAL AMOUNT; PROVIDING STANDARDS FOR THE ISSUANCE OF COMPLIMENTARY TICKETS TO EVENTS; PROVIDING FOR USE OF CITY SPECIAL EVENT INSURANCE, WHEN APPROPRIATE; PROVIDING THAT THE NUMBER OF SECURITY AND CROWD -CONTROL PERSONNEL USED AT EVENTS BE SUGJECT TO PRIOR APPROVAL OF THE CITY MANAGER OR HIS AUTHORIZED DESIGNEE; 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 and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore 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. 20 MAR 91978 1 2o, Ft tST READtIVG O oINANCE: AMEND CODE BY ADD ING/DELETING VAtUOuS stclIONs Or_. } ; SEEM JU�tISDIC'I'It�fJCC��'EFtEEN�tl�tbF1�1E�iTALMPRESEf�iIATIOIV`V�'ROMNTHEDBUILDIfVG DEPARTMENT TO THE PLANNING DEPARTMENT, Mrs, Gordon: Would somebody state the need for this? Mayor Terre: Yes, do you want to explain that, Mr. Grassie? Mr, Mc Manus? Who put this on the agenda? Mr. Grassier Well, the person who knows most about it, Mt& Mayor, is bick Fos' Moen but he has been in Washington representing you since yesterday you know. Mayor Ferret Are you standing up to explain something about this? Why don't you then. Tell us who you are and why you're up. Msc_Susan Groves: My name is Susan Groves. I'm with the Planning Department and have been working with Mr. Posmoen, with the Environmental Preservation Review Board on this. What we are proposing to do is to transfer the responsi- bility, the administrative responsibility for the review board over from the Building Department to the Planning Department. This has been reviewed by the Planning Department, the Building Department and by the review board and it is 100% approval with the exception of one section. This section allows, gives the authority to the review board to request review of development items that do not occur within an Environmental Preservation District that they can review it. So as it stands now the board would like to maintain this ability, the Building Department does not, well they would like to see this eliminated. They feel that the Building Department has the capability to review these devel- opments within their own department. What the Planning Department recommends is that like the Building Department we would like to see these items removed from the ordinance and we feel that instead we should add a clause which you can read in our memo to Mr. Grassie that states that if the Building Depart- ment has any troubles with the review of an item in a non -Environmental Preserv- ation District they can refer it to the board. That is what we would like to see. We do have representatives here from the board, the Environmental Preserv- ation Board, their Chairman Mr. Alexander and I believe he would like to state his opion of why he would like to keep it in. Mrs. Gordon: I'd like to hear from him. Mr. Henry Alexander: Thank you, my name is Henry Alexander. I reside at 3625 North Bayhomes Drive and I am presently the Chairman of the Environmental Pres- ervation Review Board. You are today being asked to consider transposing juris- dictional authority for the board from one department to the other. This is something that was proposed some time ago, approximately three or four months ago I believe and when the board first heard of it we thought this was probably a very excellent idea in that our board for the most part tries to deal with projects at the early stages when it is not too late to take a look at and try to put some importance on and preservation of environmental features. In most cases when the projects get before the Building Department they're ready to pull a permit, they want to move. They may be applying for tree removal per- mits, quite often this is really too late in the game. It is the llth hour and the board has problems since they are going to be ruling on projects that are ready to go. So our feeling was that the Planning Department was probably the one to assume the role to administer the board, that we would be in at the planning stages which is probably when we should see projects. Now the draft for the changes to the ordinance for the most part deals with simply changing the administrative responsibilities to the board from Building Department to Planning Department. Mayor Ferre; A11 right, any further questions? Mr. Alexander isn't finished, I beg your pardon. Mr, Alexander; I just wanted to add that we were priviledged to be able to review the ordinance, the proposed changes. We did have one exception with the Building and Zoning Department as far as what we felt should be included and I have outlined it in a letter, Mayor, it should be in your jacket, members of the Commission. I think it probably would be easier for me to read it to you very quickly rather than try to,.. Mayor Ferre: I don't have Your letter, why don't you read it, Mrs, Gordon: i don't have your letter either. 21 MAR 91978 Mr= Alekandet: All tight, "beat Mayot 1'ette and Meihbers of the Coftfl issioh, tote teftbei:s of the Envitotdtentai Ptesetvation Review Boatd respectfully re, - quest that in yottt consideration of the proposed changes to Ordinance 8301 ifvolving the transfer of administrative responsibilities of the board froth the building bepattmeht to the Planning beparttent that you retain the cohdi= tiohs Of paragraph 64 (a)(4) of the original ordinance. This paragtaph species tidally addresses the authority of any board reTber upon request to bring be=' fore the board for review proposed development in non -Environmental pteservai titih bistricts. The original terms and conditions of Ordinance 8301 Were devel,. aped and adopted after extensive consideration by the public and by bits city government, The right of review was deetned an essential ingredient and was provided tinder the present ordinance, The Commission is being asked to con- sides ordinance changes to effect essentially transfer of administrative respon- sibilities. The board suggests that the otttmission bf the right of review Clause is a fundamental ordinance concept inappropriate for consideration involving changes in administrative jurisdiction. our City government has historically demonstrated a sincere interest in addressing public opinion and has welcomed public participation in community affairs, the right of review is an extension of this interest and strengthens this basic governmental concept. The board and the public working through the board can participate and should retain the option to consider those developments that may affect the community environment even though they May not fall within Environmental Preservation Districts. The Mere existence of this environmental ordinance testifies to the concerns of both the public and our City government. The ordinance further provides for the establishment of new environmental districts understanding that the pres- ent districts could not represent the totality of environmental concerns. It is through this right of review that attention may be drawn to future critical environmental concerns and the possible establishment of new districts. It has been suggested that the board insist upon review of each and every potential request for tree removal. It should be remembered that this is an Environmental Review Board dealing with concerns broader than tree removal. The board in this ordinance has been in effect since 1974. We have not requested review of every request for tree removal, the board has demonstrated the true intent of the right of review clause. On only a few occasions has the board invoked its review privilege. It is not the desire of the board to abuse this authority but rather to retain the option of review if and when the occasion demonstrates the need. We as the board will, of course, continue to uphold the intent and spirit of the ordinance whatever your decision, however, we respectfully ask that you consider our request which we feel is a vital one. Thank you all for your concerns. Sincerely, Henry Alexander." Mrs. Gordon: Who on this commission received a copy of that letter? Did any- one? Mayor Ferre: I don't recall having seen it. Mr. Grassie: I understand from Mr. Homan that it had been distributed to all of you. Mayor Ferre: Mrs. Gordon: Rev. Gibson: I have not received it. You just got it: It was on my desk. Mrs. Gordon: Well, I haven't seen it, I don't think it rate that is beside the point, Mr. Mayor. The point is are valid and I would move you, sir, that we adopt.... Mayor Ferre: Rose, I want to vote with you but I want opportunity to talk before we du that. is on mine. At any that the objections to give everybody the Mr. Grassie: Just again for your information, we should letter is dated March Sth, it was received yesterday. Mayor Ferre: I understand. point out that the M. Alexander: I hand delivered it yesterday. Mr. Homan thought he it in your jackets, Mayor Ferre; All right, Mr, Alexander, thank you sir, up I assume he wants the right of response so go ahead, Mr, Gerald Salman; Historically we have been handing could get Mr, Salman is standing Mr. Salinan, the screening of the,., 22 MAR 91978 tits. Gordon: We cah't heat you, Mr, Sal.Man. Mayor ferret You'll have to speak a little bit louder. At. Salmi►: Historically We have been screening for the board all the petitions through our department and we have been sending to the board what we considered to be really interesting for them to look at and (hake a judgestent. You have to understand that we receive a lot of inquiry froth neighbors, a lot of irate neighbors try to settle their differences through us and this is what We are trying to get out from the board's hands, all this nonsense and through this screening that we do through our department. We have a really capable division that really screens, investigates and when we feel that this should be sent to the board we always do and we will keep doing it the same way. We happen to have the secretary of the board who was also out bivision Chief for Environfental, Now it's not the same person but the screening will be done the same way because she will be still screening the projects that come to us. We feel that after a building permit is issued to go and revoke that building permit because of a difference of opinion with a board might be jeopardizing our ability of giving building permits. So we feel that, they take all the tree removal or none or they accept what we have been doing up to now which is the screening for them the cases that in our opinion should be sent to them and they should act upon. Mrs. Gordon: May I speak to that issue, Mr. Mayor? Mayor Terre: All right, Rose. Mr. Gordon: With all due respects to the administrative assistant who is cap- able and is making very fine decisions, we may not always have the caliber you have now. I personally feel when we move an ordinance we don't move it for to- day and for us we move it for today and tomorrow and consequently in reading the deletions in their true light I can see where if they are eliminated from the ordinance you might as well almost eliminate the ordinance - 1 say almost, I left an almost you see. Because this doesn't mandate a review of everything this simply says that, "...shall not become effective for ten days" which is a review period and during that review period if there is a problem it can be pointed out and the applicant can be told that during the ten day period there is going to be a review and if the review indicates that we should not be issuing you this permit your permit will not be valid. Now that's a technicality, in fact, that you can handle or the Law Department can provide us with the tools to handle. Mr. Selman: It is impractical. We cannot hold all building permits for ten days until the board reviews them because the board has no ten days to review anything. They are backlogged. They will be backlogged in such a manner that they won't have any ten days. They only meet once a month. Mr. Grassie: I wonder, Commissioner, if we should explain the difference be- tween the review that takes place in an Environmental Preservation District and the typical review that takes place in the rest of the city. Mr. Salman: Yes. The environmental sections that we have in the city, they all go directly to the Review Board. That has nothing to do with what Mr. Alexander is asking. Mr. Alexander is asking any other tree removal or any other what he considers maybe to be an environmental problem in the rest of the city which is all the other building permits. We know perfectly well that the one in the environmental district has to go through the board and we have been doing it and that is what the board is for. Mr. Grassie; In other words as I understand it, Commissioner, the intent of the recommendation is that the board continue to retain the review process for any Environmental District but that conventional permits not be held up for this ten day period simply as a convenience to all the people who are taking out per- mits not be held up but that we still have the process in any permit that is questionable of referring those to the Review Board so their function would re- main but you would not inconvenience the public on all of these other cases. As I understand it that basically is the intent of the recommendation, Mrs. Gordon; Well I would go one of two ways, either we defer this for me to have more opportunity to study the ramifications or that we include it right now, Mr, Alexander; If I may add one point; The lines of communication from the board to the Puilding Department have been open. It has worked extremely well, 1 think the board senses the same concerns that you sense, that we should be 23 MAR 91978 condethed about what May dote in the future. Maybe these lihes of cottutic., atioh, the good working relationship May not always be there. And further, that We are not how or as the ordinance stands now we ate privileged to re& view upoh request items that are hot in the Envitontehtal bistricts. Now, we have o iiy in the tout years requested one. probably in Most events the depart manta will refer them to the board but there could be that occasion where a cititeh May come to the board and through the board ask for a particular thing to be reviewed. 1 think this just really again strengthens the ordinande. I don't think it will. destroy the ihtent or the cotiCiunication nor the process of permitting. It hasn't in the past, I think it Was a sound ihclusion init� iaily. Mrs. Jordon: 1 agree with the heard Mr. Saltnan's opinion but include it into the ordinance. and 1 would 50 move you. Mayor Ferret All right, there ordinance. inclusion as I'm inclined 1 feel very is a motion Mrs. Gordon: That's number 4 and 5. ... it was originally stated. 1 also to feel very strongly that we must strongly about that, Mr. Mayor, that Itettt 64-A be retained in the Mayor Ferre: ...64-(a) (4) and.... Mr. Alexander: Five would have to be revised slightly if it is to be included because when it was omitted it was omitted because they didn't want to continue that ten day period but also because the wording didn't include transfer word- ing from department to department. There will have to be some juggling of names in that particular paragraph to make that work. So in its form it is really not ready for adaption to the ordinance. Mayor Ferre: Well then why don't you modify your motion and say 64-7 (a), 4 and 5 as modified and to be presented before the commission at a future date and at that future date would you make sure that you tell Mr. Alexander so that he can be present for the discussion, Mr. Manager. Mrs. Gordon: And the #5 will be amended. Mayor Ferre: As it affects #5. Mrs. Gordon: 84, 64-A (5). Mr. Grassie: Well should we then attempt to review this and bring this back to you? Mayor Ferre: Yes, that's exactly what the motion said, didn't you hear the motion? Mr. Grassie: All right, I thought the motion understand that what you're saying is that we can Mrs. Gordon: No, let me explain what I said. adopt this ordinance, however, in its version it exactly as it is written it would not meet somewhat amended. said to include it. I now should review it and see if we I said that we would like to as it is written if we included the needs. Number 5 has to be Mayor Ferre: Look, this is the way we're going to do it, Rose, if you will forgive me. We're going to pass this thing on First Reading today. You are instructed in the motion that Mrs. Gordon is making that 64-7(a)(4) be accept- ed as with regards to 5 you will bring back for Second Reading the modifica- tion, notify Mr. Alexander so that he can be present and then on Second Read- ing we will discuss the 5 portion. Is that acceptable? Mrs. Gordon: Yes. At the Second Reading we will have 5 restructured properly and then we can pass the whole thing. That's the motion. Mayor Ferre; That has been moved and seconded, Now, 1 have a question and then I'll recognize you. Mr, Alexander, my only concern, and 1 don't mean anything other than what I am going to say, 1 don't mean to imply anything else. 1 would hope that there is a danger sometimes of abuse with things like this, M. Alexander; Always. 24 MAR 91918 Mayat tette: You know you and I know of a lot of people who like to stop Oa jetts for Other teasons and you know that t'm talking about. Mt, Alexander: Yes. Mayot tette: Its fact, you may know of some specific examples. Mt. Alexander: I undoubtedly do, Mayor. Mayor Verret And that sOhebody would use this with ah unfair advantage. So My only concern, Rose, is that we put a time limitation so that somebody cahlt abuse this for six months. Mrs. Gordon: There is, of ten days. Mayor Ferre: Is that a ten day, a week? Mr. Salman: The board only meets once a month. Mrs. Gordon: Yes, but in these cases they could have a second board meeting if they felt that, it is only a matter if they disapprove or find a problem in an area, an application. Otherwise, they don't do anything. They don't have to meet. You just forward to them or they will arrange to pick up copies of whatever happens with regard to permitting of this type. Mr. Selman: Excuse me. Any person not only members of the board that comes to the Building Department and asks to be reviewed is sent to the board after a screening... ... Mrs. Gordon: Let's not argue the point now because by the Second Reading you can argue it out with him and come up to us with the proper wording. Ok? Do you want to say something? Ms. Groves: Yes, I would like to recommend that you also include the subsec- tion of referral that we recommended whereby the Building Department refers any items they feel are pertinent to the Environmental Review Board. It has been under all of our proposed revisions, it has been dropped out. Mrs. Gordon: I include that. Mayor Ferre: All right, is there further discussion on this item? Mr. Plummer: After we vote I want to say something. Mayor Ferre: Now again, Mr. Manager, for the record, there is a time constraint on it and the time is that the board meets once a month and that's the time limitation so this could not be abused for more than one month, is that correct? Mr. Grassie: I don't know that that's correct, Mr. Mayor. What I was suggest- ing was that the staff analyze the consequences of what you are proposing and tell you what those are. Mayor Ferre: You have had ample opportunity to do that and you have ample opportunity to do that in the next thirty days before Second Reading. Mr. Grassie: That is why I'm not giving you an answer at this time. You asked me for an answer right now. Mayor Ferre: No, I think what I need to know is ... Mr. Selman, are you fol- lowing this discussion? Perhaps you could answer that question if you would, please. Mr. Salman; Excuse me, Mayor. Mayor Ferre; The question is again for the record, I just want to make absolute- ly certain that this 64-7(a)(4) will not be abused and as I understood the dis- cussion is that it will not go beyond one month because technically the board meets once a month so if they don't review it at that time they can't go back two months later and say, "Hold up that project until we review the tree aspect of it", is that correct? Mr, Selman; taut that means that we are holding a project for a month, 25 MAR 91978 Mayot.€'ette: f understand. That's not too much of a penalty in ay opinion to pay for What We're going to get out of it. What I do think would be coMpletely uhtehabie it if somebody could hold up a project for three or four months just to Make sure that.. ox? Mt. Salrafe No, btit what we are trying to point very clearly is that in the case that we refer it is because it is not ih cohatructioh. What we ate very nuoh opposed is a building already ih construction is sent to the boatd and we have to stop that building for one or two months until the boatd reviews it. That's what we are complaining about. Mayor Ferree Ok, 1 apologi2e. I see the problem now. You've got until the Second reading to clarify that and we'll have a full discussion on it at that title. You'd better tell everybody in the community who is interested in this that this is coming up. Mr. Alexander: That is a good point, Mayor. Unfortunately though our ordin- anew -is so involved and so complicated by the nature of ordinances that it is hard to be fully aware of and understand all the implications of the ordinance. It is a very long involved ordinance. Mrs. Gordon: I think for this morning's discussion we have handled it so that by the next Meeting we can go into further depth. Ok? Thereupon the City Attorney read the proposed ordinance into the public record. Mrs. Gordon: Ok, since you read a lot of numbers, did you eliminate from your reading, I didn't follow you that closely in your numbers, those two items that are on the cover of this which is the ones that I motioned? Mr. Knox: Ok, I did read them, I think that was 64-7(a)(4) and (5). Mrs. Gordon: Yes, you eliminated that from the reading, is that correct? Mr. Knox: I did not but I can read it again by eliminating those. Mrs. Gordon: Ok, otherwise you're reading it incorrectly. Thereupon the City Attorney read the proposed ordinance into the public record eliminating Section 64-7(a)(4) and (5). Mrs. Gordon: All right, now you've eliminated the deletions of those two. Correct? Mr. Knox: Yes, ma'am. Mrs. Gordon: Ms. Groves, the portion you were referring to I don't know what number or how that would be handled. Mayor Ferre: Five. Mrs. Gordon: No, she was talking about something else. Ms. Groves: We could add it as a Section 6. Mrs. Gordon: Was that read in as part of the deletions of this ordinance? Ms. Groves: It had, through the process of changing the ordinance this had been dropped so yes, it was one of the deletions but not in this precise word- ing. Mrs. Gordon: Ok, will you work with them on the second ordinance,.the Second Reading. Ms. Groves: So you'll include it on the Second Reading then? Mrs. Gordon: We want to and that was the intent and the records reflect that right now so I don't know how to refer to it by number. Mayor Ferre: Look, you've got the opportunity and I hope we will too to review ail of this before Second Reading, So you tell it like it is and Mr. Salman will have the opportunity, Mr, Fosnoen will have the opportunity and Mr. Alex- ander and everybody else. I would like to have copies of this specifically sent to members of the Commission prior to the time that you bring it up, 26 MAR 91978 Specifically eaftarked so it won't get lost in the shuffle. All tight, fttfthef discussion? AN OJbtNANCE ENTITLED - AN ORDINANCE AMENDING MIAMI CITY CODE CHAPTER 64, ERON- MENTAL PRESERVATION, BY DELETING SECTION 64-4(f), SECTION 64,-5(a) AND (c) (2) ► SECTION 64-6(c) (4) ► SECTION 640(a)(2), SECTION 64,03(a) ANb (00), SECTION 64-9 (b) (4) . SECTION 64,42 (c) , SECTION 64-16 AND SECTION 64.-17 AND BY Abl IG THE FOLLOWING: SECTION 64-4 (f) , SECTION 64--5 (a) AND (c) (2) AND (7), SECTION 64-6(c)(4), SECTION 64-7(a) (2) AND (4), SECTION 64-8(a) AND (c) (3) , SECTION 64-9(b) (4) ► SECTION 64-12(c), SECTION 64-16 AND SECTION 64-17; ALL TO TRANSFER THAT PORTION OF JURISDICTION OVER ENVIRONMENTAL PRESERVATION WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICTS FROM THE BUILDING DEPARTMENT TO THE PLANNING DEPARTMENT; BY REPEAL- ING ALL ORDINANCES, CODE SECTIONS, OR PATS THEREOF IN CON- FL/CT; ANb CONTAINING A SEVERABILITY PROVISION. 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 J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Manolo Reboso. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. Mr. Plummer: Mr. Mayor, in the same area, I don't know about the members of this Commission. Rose, I want you to hear me. Mr. Mayor, you made comment to abuses, abuses in this particular area and I'm just going to bring to this Commission's attention,because I don't know where the problem lies but it does lie within this Environmental "situation". It seems as how somewhere along the line we have within that department, I don't know whether it is the board or the department and I'm not really trying to find fault nor pin it on any indi- vidual but I constantly receive calls and letters from people who are having problems with this board, excuse me - with th's situation. And I think it was brought to a head in my estimation by a woman ad requested that a tree be re- moved in her yard. It was a built piece of property and someone denied the removal of that tree. Now you say, "Well, Ok,.that's fine" but what was co- incidental was that two inspectors from this city had gone there and said "Yes, that tree and its roots are uprooting the foundation of the house." but yet, this person whoever it is in authority said, "No, I'm not issuing a permit to remove that tree" yet two people from this city stated to me that the founda- tion of that house was being uprooted by this tree. Now all I'm saying to you is if we have a person with that kind of authority operating within this city that won't even listen to their own inspectors I think we're in serious trouble because it looks to me like someone is just trying to abuse their authority. I'm going to leave it at that, Mr. Grassie. You know there is no question that in this particular case which I personally went out and saw the founda- tion of this house and this tree's roots but yet somebody in this city said "No, I don't agree". We've got a serious problem and I think that this situa- tion very definitely needs to be addressed. I'm all for trees, I think they're great but let me tell you something: When a person is put at the mercy of many many different departments, and somehow or another this wound up in the Parks Department no less. Now how in the hell that happened I don't know but that is where they finally were transferred to and this thing went back and forth for over four months as the woman watched her house being destroyed. Now all I'm saying is if this, in fact, is a real problem'and this particular case I know it is, something needs to be changed and changed now. Mr. Grassie: I'd like to get the address can follow up on that. Vic'. Plummer; Mr, Grassie, it has already procedure, you have memos in reference to from you, Commissioner, so that we been done, sir, I followed the proper this, Mr, Alexander; COMMissiOner Plunm:er, if I may, I'm not familiar with this si.t- Uation and it probably is one of the standard requests for tree removal that 27 MAR 91978 does hot cc to before our board. tut the ordinance has thought about these ptob- lets to a degree and always allowed anyone who has any difficulty the tight of appeal, tet's say the Building bepartttteht does not approve of your request for removal, you cab cote to out board and addtess this grievance: Also, it doesn't coVet Maintenance. Pot ekample if this Wotan has, if the situation is that there is ah it'itediate probletl and they need to cut back a tree or they need to toot prune it so that it doesn't lift the foundation this isn't coveted in the otdihaitce, they can take cafe of this on their own. They don't even need to deal with the depattineht. So there can be abuses certainly but there ate Vehi- cles for people to take care of their i t►ediate problems and if they're not getting satisfaction to go the ne%t rung up the ladder to get the kind of satis" fraction they need. Mr. Plater t Well, I guess my concern is are we becoming so sophisticated that the obvious is overlooked? Mr. Alexander: I doubt we're so sophisticated in anything today, We're still human and human error does creep into this, Mr, Plummer: I'm not trying to find the place to put blame, I'm saying that it is rather obvious that there is a problem and I think that problem needs to be addressed. Mr, Alexander: I only hope that it is a singular specific problem rather than being a conceptual problem and I think it is not the latter, a conceptual prob- lem in the ordinance and it's functioning. Mr. Plummer: My conscience is clear, I put it on the record. Mayor Ferre: All right, is there further discussion on any of this? We're now on Item 19 on the morning agenda. 21. FIRST READING ORDINANCE: AMEND CHAPTER 37-1 THRU 37-10 OF CODE "OBSCENE LITERATURE, MUSIC, PRINTS OR PICTURES" BY REPEALING SAID CODE SECTIONS. Mr. Knox: Mr. Mayor and members of the Commission, this is nothing more than a housekeeping chore concerning an obsolete provision in our Code. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 37, "OBSCENE LITERATURE, MUSIC, PRINTS OR PICTURES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING IN ITS ENTIRETY ALL OF THE SECTIONS OF SAID CHAPTER; NAMELY, SECTION 37-1 THROUGH SECTION 37-10; AND CONTAINING A REPEALER PROVISION. Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer. 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. 28 MAR 11978 22, DIRECT CITY ADMINISTRATION TO DEVISE A METHOD WHEREBY PEfitR JOFFRE MAY ATTEND CITY COMMISSION MEETINGS AS REPRESENTATIVE Off' RETIREMENT PLAN BOARb WITHOUT THIS ATTENDANCE TIME BEING CHARGEb AGAINST HIM IN HIS DEPARTMENT, Mts. Gordon: t have a short item I want to ask the Manager, Mr. mayor, if 1 Might. The Pension Plan Board asked that they have a representative here to represent them at these Commission Meetings and elected Mr. Peter Joffre. Has Mr. Joffre received a cotnlnunication from you yet with regard to the letter that you got froti Mr. Mazin? Mr. Grassie: No, he has not, Commissioner, and unless one of two vehicles ate use& (1) the use of a time pool to compensate the individual or else some provision through the Pension System you know we're not in a postion to have the employee reassigned by the Pension Board. Now what we have to do is find same way of covering his time so that it is not a penalty against the depart- Me E that normally employees him and that is what is in process right now. We are trying to find some way that this doesn't end up penalizing the department. Mrs. Gordon: I see your point, however, in the interim while you're finding the vehicle to take care of the situation I would hope that he would not be penalized because of his responsibility that he was willing to accept from the board, and he is not a part of the union operation so there is no union con- flict. He has strictly been asked by the board to attend these meetings and be a liaison. I was told, "Ok, you're a board member and you're a liaison," but I sit here as a Commissioner and not as a boad member and I am not a liai- son in that sense so, therefore, they wanted a board member who was not a Com- missioner to be here at these meetings. Mr. Grassie: Well, but I think that we need to be clear that he cannot be absent from his employment without permission of his department head. Mrs. Gordon: You're his main source of department heading, consequently, if you so direct... Mr. Grassie: No, what I'm indicating to you is that he does not have permission to be away from his department until there is some way of funding his activit- ies. Mrs. Gordon: Well, would you then, I would so move as Commissioner that you find the means of permitting him to attend these meetings without him person- ally being penalized. Ok? That's a motion. Mayor Ferre: There is a motion made by Mrs. Gordon instructing the Manager to work out the problem so that Peter Joffre and other persons... Mrs. Gordon: No, there's just one person. Mayor Ferre: Just Peter? Mrs. Gordon: That's all. He is the official board liaison elected by the board. Mayor Ferre: So that he is entitled to the same thing that everybody else is when he comes to these Commission Meetings, that he is representing the board. There has been some question about that. Mr. Grassie: Well, it is not a question of his getting what everybody else is entitled to, nobody else gets anything of this type. Mayor Ferre: Well, let me put it to you this way: The police, the fire and other people that come to this commission are paid. Mr. Grassie: On their own time, they are not paid by the City. Mrs. Gordon: But they're not representing the board. Mr, Grassie; The contract provides for a representative from each bargaining unit basically. Mrs, Gordon: What's not the same thing. MAR 91978 Mt. GtasSie: But the Mayor brought it up, commissioner. He was talking about the Police and fire being paid. Mayor 'ette: What is it we're voting on here then? Mr. PluMMer: Well, I think what the Manager is trying to say, that you're into the area of infringement on contracts (1) but this really doesn't come into play here because this is not, he is not representing the union he is representing the board. Mayor ?erre: I see. Pev. Gibson: Who is the board? Mrs. Gordon: The Retirement Board, the Plan Board. Mr. Plummer: The Board is the Plan and the Retirement and the Pension, Father. Mr.- Grassie: If I can try and explain the dilemna we have, Mr. Joffre is not only a member of the board but is also a City employee. As a City employee he has a responsibility to his department. The department is not in a posi- tion to release him from work and pretend he is working for them, pay him if, in fact, he is not and we're not going to do that, we're not going to change the payroll to indicate that he is doing something that he is not. Now if... Mrs. Gordon: That wasn't the motion though. My motion was that he not be penalized, that you find a resource for find a source for the department's compensation if that's what you're talking about but I don't think that Mr. Joffre should be penalized financially for fulfulling a responsibility that he has been elected to perform for a very vital arm of this City government which is the Pension Board and we are responsible for their successful performance and they feel that they have to have someone besides me who represents them at Commission Meetings when matters are coming up that they might feel the need of knowledge about. So that's why that was done. Mr. Plummer: Rose, let me offer this: (1) I agree with you. Peter was elected by the board, he should be here (1). (2) Mr. Grassie I think is correct in standing on a point of principle. You know it is immaterial to me how you do it as long as it gets done but I can understand Mr. Grassie's reasoning. Now, it would seem to me even though it will be complicated that if the board is the one who directed his appearance before this commission that it is a legitimate expense against the board and even though it will be long and complicated as far as working out the particulars which could be in my estimation worked out easier, that Mr. Joffre be compensated by the board for his appearance here. Mrs. Gordon: Either way, I mean whether the money goes to the department and then you know, or whatever. That's why I said to Mr. Grassie that he have the option of deciding which route to travel but Mr. Joffre not be the penalized person. Mr. Grassie: Yes, and what I was indicating, Commissioner, is that that ques- tion that Commissioner Plummer just raised is the one that we're looking at right now, whether there is some way of the board to meet the expense. But I'm also indicating to you that until that gets done, until the board has a budget that Mr. Joffre cannot assume that he can simply leave work without the department's permission and get compensated. Mayor Ferre: I think that's important. There has to be a balance somewhere along the line ... Mrs. Gordon: Let me say this then. Maybe we could go retroactive because again, I mean he is not, you know I don't think he is financially that well off that he can afford to contribute his personal income to the benefit of the city in that manner. I don't know, maybe you're a wealthy man, are you? Mr. Joffre: No, ma'am. Rev, Gibson: Well, why don't we do this: Mr. Mayor, why don't... Mrs. Gordon: I made a motion, you seconded it. Rev, Gibson: Well, let me do it the other way, The Manager is sticking on procedure and all that. Fine, I'm not worried about that. We make a motion and give the Manager thirty days to come up with the answer, At that point 30 MAR 91978 in tithe the issue is drawn. All right, Mr. Mayor, I second Understanding the Manager will have thirty days to work out that all right with you, the Maker of the motion? Mrs. Gordon: Yes, sir: bid you want to say something? the motion with the the procedure, Is Mt. Petet Joffte: Yes, ma'am. My name is Peter. Joffre for the record. 1 think t have been the first board member that ever got a demotion on the job for serv- ing the Pension Board. I've been attending these meetings for over a year and this hasn't come up. The memo was sent to Mr. Grassie over a year ago and all of a sudden he just decided by Mr. Mielke to start docking my pay to do this job as a service. There was a memo over a year ago sent to Mr. Grassie and there was no action taken. The following motion was introduced by Commissioner Gordon Who moved its adoption: MOTION NO. 78-169 A MOTION DIRECTING THE ADMINISTRATION TO INVESTIGATE A METHOD WHEREBY PETER JOFFRE MAY ATTEND THE MEETINGS OF THE CITY COMMISSION AS THE OFFICIAL REPRESENTATIVE OF THE CITY OF MIAMI RETIREMENT BOARD PLAN WITHOUT THIS TIME BEING CHARGED AGAINST HIM IN HIS DEPARTMENT, AND TO COME BACK WITH A RECOMMENDATION WITHIN 30 DAYS. Upon being seconded by Commissioner Gibson, the motion adopted by the following vote - AYES: Commissioner Commissioner J. NOES: None. Rose Gordon L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre was passed and 23. CANVASSING OF RETURNS FOR SPECIAL BOND ELECTION HELD MARCH 7, 1978. (SEE ITEM 25) Mayor Ferre: Now we're on Item #7 which is canvassing and I guess it really is not canv3sginy, I guess we annrove the results that were given to ns with the IBM computer results. I want to for the record point out, and I've asked that this information be given to each and every one of you, that on the Transporta- tion referendum the City of Miami contributed 21,953 votes against repeal versus 21,107 for repeal not counting absentee. In other words we contributed of the total positive majority of 2,633 that the county squeaked by on in transporta- tion, we contributed 1,846 votes for that. Let me put it to you in another way. The registered voters within the City of Miami constitute 17.49% of the total registered voters in Dade County. Now, if we had voted the way the rest of the county did we would have contributed 460 positive votes on the plus side of rapid transit. We didn't contribute 460, we contributed well over four times that number. We contributed 1,846. Now I made a statement last night to the typical Miami Herald aggressive negative destructive cynical statements that they continue to harangue this city with is why did the Latins vote against when you and Reboso and La Casa and everybody else worked so hard. I might point out that not once during the campaign did the Miami Herald ever point out that Commissioner Reboso or Commissioner Ferre were working on the Latin campaign but, of course, when the thing goes in reverse then there is a big to do about it and a big implication and a big story about how the Latin vote did this and the Latin vote did that and what have you. The point that I guess I want to make to you is that I don't see that the Miami Herald in any way ques- tions the fact that the people in Dade County didn't follow the Miami Herald. The Miami Herald spent over $300,000 estimated in what it would have cost in publicity to push for Rapid Transit and yet we only passed it by 2,633 votes which is less than than half of one percent. So we can reverse the question and ask why didn't the people of Miami follow the Herald's lead. So I think these kind of furious questions which are typical of the negative attitude that the Herald takes continually on the City of Miami is indicative of the kind of problems that we have with our main newspaper here. l might point out that if it had not been for the City of Miami even though this would have passed it certainly would have passed with even less of a margin than what it passed and, therefore, I think the City of Miami contributed. Secondly I want to point out that there was a lot of misgivings about putting the Water and Sewer aond Issue on the ballot. I would like to point out to you that we ended up 31 MAR 91978 letting a turn out of 37.68% of the vote, the registered vote in Miami to go to the polls, th the county it was 35.61% so we had a bigger turn out fortunately in the City than we did in the County. 1 tight point out that had it not been for the City of Miami putting the item on the ballot which gave us the reason tit) adVertise his we did to explain the issue to the electorate of the City of Miami ih what 1 think was probably the most effective piece of literature that was put out the voters of Miami would not have turned out ih 37.68% and that diffetehce of several percentage points from the average tay have bade the dify ferehce in the final result. That's My point #2. My point #3 that 1 want to make out is that 1 think that our colleagues in the Metro cntttission had better wake up to the reality of the situation that we're faced with. Had this thing been lost, and it altnost was, we only squeaked by by 2,600 votes, if it had been lost I'd like to point out that in my personal opinion it would have been lost because of some anti -Metro sentiment that is present throughout this coin= muhity and it's hot just ih the Latin Community. It's an over simplification to say that the Latins are against. That's an easy way to get out of this thing but the rest of this community wasn't that much different than the Latin cotntnun- it and a lot of those votes were just simply anti -Metro votes. I might recom= mend that the people of Metropolitan bade County carefully consider especially the Hoard of County Commissioners who have a tendency to be extremely arrogant about their attitude and their power and their posture and all of this that they didn't get such a strong vote of confidence despite the fact that every single major political politician in this state and in this community was for it. We had members of the cabinet, we had the governor, both senators, three congressmen, every Mayor with the exception of North Miami and North Miami Beach, the City of Miami Commission, the Commission in just about every single Com- mission, the Chamber of Commerce, the Miami News, the Miami Herald and every television station except 7 and with all the money which was estimated, the free publicity that this thing got which is estimated at around a million dollars or more, all the effort, the Chamber of Commerce, everybody working C.F.I.T. we only squeaked by and I think that really gives us pause for an awful lot of reflection. Mr. Reboso: Mr. Mayor, I just wanted to mention that I campaigned very very hard against repeal and for Rapid Transit in the last two months and it is very very difficult, extremely difficult in the Latin community to campaign for an issue that is endorsed by the Miami Herald - the creditiliby is none. That was my #1 enemy in the Latin community. Mayor Ferre: And when you started campaigning, I might point out, Mr. Reboso, that I think that the polls that we took and that C.F.I.T. and those people took in the Latin community showed that the Latin community was against this 3 to 1. Rev. Gibson: Mr. Mayor, I want to ask a question. You said that we squeaked by with approximately 2,000 vote majority. Mayor Ferre: 2,600. Rev. Gibson: How many of that majority did we, the City of Miami, give? Mayor Ferre: We gave out of that 1,846. Rev. Gibson: Ok. Then the point I want to make is I hope everybody would be conscious of the fact that we, the City of Miami, gave 50% of the majority of that margin even though we may not be 50% of the majority population. That is very important. I want to make sure that is clear. Ok? So that when we go to Metro in the future Metro ought to consider the fact that they owe us some- thing and we don't have to always go with our hat in our hand like some of our people around here are inclined to want to go and do. That is #1. (2) J. L., I want you and Reboso to hear this. I want you to look at those black precincts, I want you to look at those black precincts. And the reason for that is, I want to make this in the record, you know when you start giving those jobs and all of that other business you know I want to make sure and remind the City of Miami and Metro Commission - my baby, let me tell you something you all ain't been playing fair with us now so I want to put that in the record and I'm going to remind my Chamber friends, I'm going to remind my Miami Herald and News friends and I'm going to remind all of you who come up there talking about minority contracts and majority contracts because you know what you have taught me up here? To the victor goes his spoil, Isn't that right? Isn't that the way you all talk, Mr. Mayor? Huh? That's what happens in the polls, So I just want to make sure, Mr. Manager, you remember that, you and all the rest of the members of the staff, I thought I'd better get that in, 32 MAR ma Mayor Ferret Father let Me give you the specific figures to your point. the City of Miatiti gave 70% of the total Matgin. The City of Miattni represents 17,4, 1 i % of the registered voters but we gave 70% of the Margin of victory. to the City of MiaMi gave a substantial, of the margin of victory 70% of it dame froth the City of Miami despite the fact that we're only 17$. Mrs. Gordon: What percent is, you're pretty good with these statistics and you've probably had tithe to analyze them and t haven't, Mr. Mayor, what perms tentage of those were from the black precincts? Mayor Ferree I haven't done that yet but I'll have it for you ih the next day: Mrs. Gordon: I find it very interesting because traditionally it has been said that the balck voters don't give a damn and don't go out and won't do this and won't do that but you see when the chips come down and the issue is so import+ ant they come out. They vote in numbers and I think we owe them a debt of gratitude, those who are for the Transit System to let them know that they are appreciated and they did a good job, Mayor Ferre: Well, Rose, the turn out actually was lower than the average in the black precincts but more important is that the strong positive vote more than overcomes that and I would just make a blanket statement to you today that if it were not for the black votes of this community we would not have gotten rapid transit. Rev. Gibson: And just remember that we don't get that payroll either nor do we control the banks. I want to put all of that in the record. Now let me mention something else while I'm at it. Mr. Mayor, one of the things that I observed and is near and dear to my heart and naturally I'm people oriented, sometime ago Rose Gordon who is considered the mother of the Folk Festival... Mayor Ferre: We're going to bring that up this afternoon. Rev. Gibson: Well, if you're going to bring it up Ok. I just want to make sure we put the issue right on the spot because.... Oh yes, fine, I'll defer until then. 24. DIRECT CITY MANAGER TO HAVE PERSONNEL DIRECTLY CONNECTED WITH CITY OF MIAMI FOLK FESTIVAL COMMITTEE PRESENT AT AFTERNOON SESSION, THIS SAME DATE. (TEMPORARY DEFERRAL, SEE LABEL 30) M•ir. Plummer: Mr. "ayor, nay I in this sane, ane I will acquiesce to what you say, but I would like to have present this afternoon that committee which is operating about the Folk Festival here present. ... Excuse me, I'm speaking of the in-house committee. isn't there an in-house committee? Mayor Ferre: You mean staff of the City of Miami? Rev. Gibson: Well, let whoever comes come. We'll take care of the issue with whoever is here, everybody could hear. Mr. Plummer: Father, the reason I'm saying that, let's very briefly, Mr. Grassie get the issue on top of the table this afternoon and then we don't have to say, "Well, they're not here we've got to delay". The contention is that an in-house committee is putting up stumbling blocks. Now, I don't know whether that is possibly staff or who but if there is part of your staff who is doing this for you I think they should be present this afternoon during this discus- sion. That is the point I'm trying to make. Rev. Gibson: Ok. Mr. Grassie: Wouldn't it be more useful to everyone concerned if we knew what the apparent stumbling blocks were? Rev. Gibson; The fact remains the festival is not..., the show is not on the road for the festival. Anybody who is responsible for that show not being on the road, W. Grassie, I Theodore Gibson as a Commissioner am going to make A motion that you instruct them to be here this afternoon. If they're not here then I know they're not a part of the obstruction and that we would then dir- ect, That's my motion. My motion is that the Manager have any and all staff people at least who are responsible he here. Mr. Plummer; You don't need a motion. 33 MAR 91978 Rev . Gibson: Well you know why I want a motion? I saw something in the minutes the other day that frightened me. I talked like hell about that Orange Bowl Patty and you know one thing? That ain't the way those Minutes read. So I Want you to note this morning t came here, every tithe I Want something 1 take a Motion. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 78-170 A MOTION DIRECTING THE CITY MANAGER TO HAVE THE PERSONNEL DIRECTLY CONNECTED WITH THE CITY OF MIAMI FOLK FESTIVAL COMMITTEE PRESENT AT THE AFTERNOON SESSION OF TODAY'S MEET- ING TO DISCUSS VARIOUS MATTERS. Upon being seconded by Commissioner Gordon, the motion was passed and adapted by the following vote- AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 25. RESOLUTION CANVASSING RETURNS OF SPECIAL BOND ELECTION HELD MARCH 7, 1978. Mr. Plummer: Mr. Ongie, do you have the figures which show the total under- vote a*i►R overvote for t!'e entire county'? Mr. Ongie: Not for the entire county, they programmed the computer to pick out the 87 precincts that are in the City of Miami. I can get it for you. Mr. Plummer: All right, I wish you would and let me tell you why. Mr. Mayor, may I express a concern which I think this commission should deal with? Mr. Ongie unfortunately does not have the figures for the total overvote and under - vote for the entire county. Now, an undervote or an overvote as I understand it is a person who intentionally or unintentionally did not vote. Am I right, Mr. Ongie? Mr. Ongie: Yes. Mr. Plummer: A11 right. In other words in my vernacular it was a wasted vote. Mr. Ongie: Right. Mr. Plummer: Maurice, I want you to hear this now because I think it is very important. If you take the total under-overvote in the City alone it is 4% of the votes cast or 1,615 votes. If you take 4% of the total county vote using that as a premise, of wasted votes it would be more votes than the victory total. Do you understand what I'm saying? Now, I then come back and I feel, not trying to find fault because I know that the Supervisor of Elections has one hellish problem, we're using new machines. I think that this Commission should express its concern that whether it is a lack of education or whatever is the lack that this under-overvote in this particular election could have made the difference. I am concerned about that and all I'm saying to you is there were obviously to me more wasted votes than the victory of the election and I want to express my concern. Mr. Ongie: Mr. Plummer, on the undervote question for example on the Dade County referendum the 3.02 figure undervotes simply means that they totally ignored the Rapid Transit question and voted only for the City of Miami Bond Question. Now the .67 which is less than 1% represents the ballots where they voted yes and no for both questions that had to be voted but it less than one percent. Mr. Plummer: Mr, Ongie, as you are well aware, moreso than I, that in the old machines that was not possible. Mr, Ongie; That's right. Mr. Plummer; A11 right, I am concerned about that and I am merely saying that this commission should express that concern and whether it i$ ;Wore education or what it should be addressed. Okay? 34 MAR 91978 Mrs. GotdOn: Mr. PlUMMet, Zan f ask you not PluMmet, keboso = your stateMent has been bothering tie. You said that if the Miashi Hetaia is rot something the Latin people will vote the opposite way ... All tight, let me ask you a eecohd question. bid big tab AMSkidab cote out in fa*ror of this fuss transit or were they silent? ... They didn't take any position/ Mayor Ferre: No. Mts. Gordon: 'Nell why didn't they? I'm curious. Mayor Ferret I'd like to just for the record correct a statement. There was a story written in the Herald that Bi11 Rose did write which specifically stated that Reboso and 1 were campaigning in the Latin CoMmuhity. I remember it and I stand corrected on that. The following resolution was introduced by Commissioner Reboso, who Moved its adoption: RESOLUTION NO. 78-171 A RESOLUTION CONCERNING THE CANVASSING OF THE RETURNS OF THE SPECIAL BOND ELECTION HELD MARCH 7, 1978 AND DECLARING THE RESULTS THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. NOTE: The City Commission recessed for lunch at 11:15 O'Clock A. M. and re- convened at 2:10 O'Clock P.M. with Commissioners Reboso and Gibson absent. 26. RECEIVE, OPEN AND REFER TO CITY MANAGER FOR TABULATION SEALED BIDS FOR CONSTRUCTION OF MANOR SANITARY SEWER IMPROVEMENT SR-5437-C. "'he following motion was introAucei 1,y Commissioner Plummer, who moved its adoption: MOTION NO. 78-172 A MOTION TO RECEIVE AND OPEN SEALED BIDS FOR THE CONSTRUCTION OF MANOR SANITARY SEWER IMPROVEMENT SR-5437-C. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso and Rev. Gibson. BIDS WERE RECEIVED FROM THE FOLLOWING; DMP Corp. Goodwin, Inc. BAC Construction Inc. Chas F. Smith 6 Sons, Inc. Roenca Corp. 35 MAR 91978 27. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. Presentation of retirement plaque to Mr. Walter J. Michaels, Building Depart, mart, upon hit retirement after over 15' years of service with the City of Miami, Presentation of retirement plague to Robert Emmett Potter, Police Department, upon his retirement after 26 years of service with the City. 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 Zaval 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 were present 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 through 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 proclamation to Angela Ehrlich, Com- munity Education Director, and Jack Collins, Chairman Dade County Council. 28. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF S.W. 23RD AVENUE SANITARY SEWER IMPROVEMENT SR-5332-C. The Mayor announced that the Commission was now ready to hear objections to the confirming of Assessment Roll for construction of S.W. 23rd Avenue Sanit- ary Sewer Improvement SR-5332-C. NO OBJECTORS APPEARED. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-173 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF S.W. 23RD AVENUE SANITARY SEWER IMPROVEMENT SR-5332-C (centerline sewer) IN S.W. 23RD AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5332-C AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT CERTIFIED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 36 MAR 91978 29, PERSONAL ARPi A1.ANCE or MR, MIKE SIHONOF ' REGARbING "ABTTARE" Pizo,tCi' AT 8496 MAIN HIGHWAY, Mr, Mike SiMeneff t Mr. -Mayor and •members of •the. Commission .. tfiv nettle is Mike Simohoff. t'tn here today to request that the terms of Resolution No. 76-559 which was pawed by the Cotia►,ietion with this tnakeyup on the 9th day of June, 1976 which was a plsnhed area development be adhered to by the project which is known as 1Abitare !next to My property on 3503-3545 Main Highway known as Camp Biscayne. the basis for a Planned Area Development is a design approval. it has to go through many many steps ih the city and ultimately passed as a Cottditional•tise by the City Commission. I'm sure that you all realize that. Any deviation from that plan heeds to be reapplied for and brought back before a public hearing. How last fall I became aware that there was a deviation in the access road going into the site at 3495 Main Highway, the Arbitare project. I discussed it with the Building Department, Mr. Selman and I wrote letters back and forth and I got confirmation. Now I would like to read you the init- ialletters that were written going into this particular project and the re- sponse that I got. My basic discussion was verbally with Gary Selman, His response to me on December 19th in letter form read such: "Dear Mr. Simonoff, We have inspected the above referenced project and found that there are indeed two roads at the present time, however, it appears that the one next to your property is only a temporary one being used for construction vehicles. The plans only show the one road in the center of the property and that is the one will be accepted upon final inspection and I have thusly advised the district inspector under my supervision." That was December 19, 1977. On January 25th I passed by the project as I do almost daily and I noticed that the two roads were continuing to be cut, that there were curb cuts being made and that the project in general was going contrary to the discussion that I had had with the Director of the Building Department. I wrote this letter to Mr. Selman. "Pursuant to our conversation January 23, 1978 and our previous correspondence I am writing to confirm my understanding with you of the conditions and circum- stances involving the project Arbitare at 3495 Main Highway. You informed me that: (1) Only one entrance to the site was approved by the City in the PAD approval; (2) The entrance was to follow the existing roadway as establisher by the previous owners; (3) The second roadway next to Camp Biscayne's noi:theorl.y property line was temporary and would not be permanent; (4) No additional rold- way would be allowed without public hearing before the city and reapplication by the developer; (5) Any possible approved second road would be no closer than 15 feet from the northerly property line of Camp Biscayne; (6) A Certificat' of Occupancy would not be issued if any of the above conditions or restrictions were not met. We have just become aware that the developer is forming side- walks and curb cuts in Main Highway at a location which is immediately adjacent to the northerly property line of Camp Biscayne. It is our understanding that all of this work is in violation of the approved PAD and that you are required by law to issue a stop order for this illegal work. Please inform us whether you intend to do so so that we make take such actions as necessary to protect our property interests." Now I'll give a little background on this. The plans are on file, those which were approved by this Commission and are currently public record in Mr. Davis' office in Zoning. I want to back up a minute and say a little something about what a Planned Area Development is supposed to be. It is supposed to allow a developer flexibility in the evolution of a pro- ject on his particular site. It is also a Conditional Use. It has to be granted and only granted by this Commission. It cannot be modified, added to, subtracted from or anything that is going to affect the public or the people that are going to be next to it without first coming back before public hearing and before this Commission. The Planning Department and the Building Department evidently can't get their act together here because I've .got one letter that says one thing and the project is done - the road is there. Now I have no prob- lem with them widening the main road coming into it or keeping that road 15 feet away from my property line so that it can be properly landscaped and baf- fled but I've got a single family residential site there ,and I'm platted and I'm under construction with my water and sewer now and I'zn trying to make a project that's going to be a low density individual detached single family home - site at that point and my property is definitely damaged by having to have cars from 21 units of traffic coming back and forth along that property line. That is not what was passed by this Commission. Mr. Davis will certify this that if the Commission requires, offering the drawings that are on file there. Now I don't want to beat a dead horse with this thing because I'm a developer also and in all due respect tb,Mr, Ken Meyers who is Chairman of Transportation and has done a wonderful job there, we do have a basic transportation problem on Main Highway and we're going to have a continued problem regardless of what happens with this particular protect. So we're looking at two different things. 37 MAR 91978 We're looking at what it is going to do tc my adjacent property and secondly what is going to happen when you have this coral rock wall that is on my prop, erty baffling cars that are going to be turning in as I understand that will be a one=way road, without the proper visual clearances required by the City. Nobody can see past that 15 foot wall. If they're going to be coming in ff6m the south to the north they're not going to be able to see cars backed up at that point or pedestrians or vehicles or whatever. And if the Planning Depart= Ment and Public Works seem to feel that that is some kind of a good situation traffic wise and is safety -wise then I think they should seriously re-evaluate where their priorities are. I'm an architect and I'm involved in planning too and,I think I can talk to the issue of planning and traffic circulation with Public Works and with the Planning Department. What's happened here is in total violation of the intent of what a Planned Area Development would be and also the integrity of what should happen in Coconut Grove when these new devel- opments come about where you have small frontages and mutual numerous accesses. Thank you. Mayor Ferre: Mr. Simonoff, I think what we do, Counselor, let's see if we can get a response from the administration first and then we'll recognize you. Mr. Gerald Salman: This is the original bed road that more or less was in that place for so many years. Mayor Ferre: That was the previous existing road? Mr. Salman: This is the previous existing road that was there for several years. Mayor Ferre: And your recommendation was that it be split into a "Y" and this is the way it is now. Mr. Salman: The way it is now is split that way. Mayor Ferre: Ingress and Egress. Mr. Salman: Yes. Originally when the drawings came to the Building Department and were approved in March of 77 the road was shown as the dotted line about five feet from the property line from Simor:off's property line. At the time this was not established as a firm road, let's put it that way, so when I answer- ed Mike Simonoff I told him that yes it has to be established in a firm way before we can approve it and that's why I sent you that letter, remember. Ok, when they started to put up the fill I asked him to move out 15 feet from your rock wall. This red thing is the rock wall that Mike built on his property. I had an interview with them and they pointed to me the almost impossibility, that was in January, the almost impossibility of doing it because it would de- feat the purpose of the dual road coming in and out. I administratively approv- ed the road the way it is shown which is about 15 feet, the centerline of the road, from Mike's property line. This being an ingress road doesn't require to be 15 feet from any other wall, not from the property line from any other wall, that Mike Simonoff would have his wall say here then it won't be any problem but there is no problem even now because it is an ingress only road which means that people that come into the property don't have any problem with Mike's wall coming north or coming south from Main Highway. It will be advant- ageous to have a stack up, a number of cars in the ingress road while people that are trying to get out will do it to the egress road. This is a tremendous advantage for safety... Mayor Ferre: Was this the department's recommendation? Mx. Salman: Yes, Mayor. Mayor Ferre: Do you believe this is the best way to do it? Mr. Salman: Yes, sir. Mayor Ferre: Now did you discuss this, did you follow the proper procedure in doing this? Mr, Salman: Yes, sir. Mrs. Gordon: Did it go back to the Planning Board for amendment? Mr. Salman: No, ma'am. It doesn't require, i have here,,., Mayor Ferre: Wait, let him finish and then I'll. recognize you. 38 MAR 91978 Mr. Selman: I got an opinion from McManus about it in Januaty before this was eStabiisied definitely. Mrs. Gordon: Prom who? Mt. Saittan: Mc Manus. Mayor Perret Mr, Mc Manus► and make your statement, would you come forward and for the record your name Mr. Joe Mc Manus: Joe Mc Manus, Acting Director of the City of Miami Planning Department. Mr. Selman is referring to a letter which we delivered to Mr. Saiman which we reconstructed our agreement with his administrative action. There has been reference in the presentation by Mr. Selman and Mr. Simonoff to various actions that are appropriate within a planned development. I think the commission should realize that on the onset of approval of a planned development there is essentially a schematic plan presented which is approved. This is for the express purpose of allowing a developer to receive approval or disapproval without under- going the excessive expense and burden or preparing final construction drawings so that Mr. Salman then is working administratively off of a schematic design. Now we agreed with Mr. Selman that he was operating within his administrative discretion in determining that that split driveway was superior to the single access driveway that had been contained in the previous concept plan. Mayor Ferre: All right, any other questions of the staff? Mrs. Gordon: Yes, Mr. Mayor. It: troubles me a great deal because that isn't just a slight modification and I'm not saying it was better worse than the orig- inal design but simply that in my opinion the administrative decision in my opinion at least do not extend to that great a deviation from an accepted plan. Now that's one person's opinion. •that's all. Mayor Ferre: All right, any other questions of staff? All right, who wants to speak at this time? Mr. David Miller: Mr. Mayor, David Miller, the developer. for Arbitare. Let me elude to a couple of comments which seem to he bypassed here rather quickly. Initially when this schematic drawing was presented to the then acting or the Director of Planning, Mr. George Acton and the planner on our particular develop- ment, Mr. Tad Dooney it was their recommendation at that time consistent with the recommendations from the State Department of Transportation that indeed we pro- vide this split road. These were the recommendations that Mr. Acton made to that particular schematic at that time and... Mayor Ferre: So what you're saying is that this is nothing new. Mr. Miller: Yes, sir, it was not an original idea on our behalf, we simply recognized that it made common sense to do this from a point of traffic control. Mayor Ferre: Would you have any objections if Mr. Simonoff did the same thing on his property? Mr. Miller: No, sir, Mr. Mayor, quite frankly one of the reasons that we applied for a Planned Area Development was this degree of flexibility that is involved in trying to masterplan something as large as Arbitare. When you plat lots they become very clear lines and definitive lines of building lines. When you develop a Planned Area Development you want this flexibility. This is why Planned Area Development laws are on the books. Mayor Ferre: It makes sense. Ok. On rebuttal, or would you like to make a statement? Mr. Joseph Lassen; Joseph Gassen representing the developers. I think it is great that any time a disgruntled or jealous competitor can come in and come before the City Commission and try to go behind the professional staff of the City and come in in public and air his complaint but I think we have to recognize it for what it is, Last spring Mr. Simonoff complained that the Arbitare devel- opment was proceeding contrary to the permits. This Commission after consider- ing those complaints on two or three occasions adopted a motion that if the developers were not complying with the permits that the project be stopped. Well, every official in the City then monitored it very strictly and found that there was no deviation, was no violation. Mr. Simonoff sits there with his little spy glass for another nine months and what can he come up with? An 39 MAR 91978 iftptovefhent in the ingress and egress to the property that was recommended by the planning bepartinent, the Public Works Department, the Department of 'Trans, poftatiOn, the building Department and flakes so much sense. What was changed, and it teas as MY. Miller said, the change involves, the later change is only a Change oh the plans. The original idea came about at the time the PAD Was ap- proved and it is one of those things that you just shrug your shoulders and says "Well, why didn't we think of that before?" Of course, rather than have one big wide toad with the guardhouse at the street so that traffic backs up into Main Highway why not recess the guardhouse by a couple hundred feet, have a forked road, one ingress and one egress, the result of which because of the way the roads cone in and out they don't have to take out any ttees whereas with the one wide road before they would have had to take out trees. Now, obviously the Whole concept of Planned Area Development is so that you can have environ- mental density and aesthetic flexibility which is what this gives and honestly for those of you who have seen it I'm sure you agree that this is a beautiful development, one that the developers can be proud of faithfully following the approval, one that the whole Coconut Grove area can be proud of and one that the City of Miami can be proud of. Senator Myers liked it so well he is I think buying a unit there and he is as sensitive to what is good for the area s any- body could be and he volunteered to come in today to make a comment about this to the commission, if you could endulge Senator Myers a few words. Mayor Ferre: Senator. Mrs. Gordon: Mr. Mayor, I just have a feeling that needs clarification and I'm not speaking against the fork in the road or not. I'm simply speaking to the ordinance. What does the ordinance say as it relates to Planned Area Develop- ments? And what degree of flexibility if any is in that ordinance? That is the only thing that I am addressing myself to again. I have to hear that, not how good it is or how bad it is. Mayor Ferre: Rose, I'll tell you, Mr. Knox, we're going to answer that because that really speaks to the ordinance but in the meantime let's let Kenny make his statement into the record. You don't want to speak? ... All right, why don't you read it and Mr. Knox, you can respond. Mr. Knox, we're going to let Mike read it into the record and then you can respond. Go ahead. Mr. Simonoff: I just want to make a couple of comments before I read it into the record. In all due respect to Mr. Gassen, I think that he was not the attor- ney of record at the time when this thing first came up and he probably should review the public record that exists. (1) There was nothing at any time during all of the stages of planning before the Urban Development Review Board, before the Environmental Preservation Review Board, the Zoning Board, the Planning Board or the City Commission that said anything other than the existing road bed would be followed and widened. Now I'm challenging that on the record because that's fact. That's the way it is. The second thing is that I'm not saying that I dis- approve of two roads coming in if they're handled right. I'm saying that I as a property owner was not informed that the ordinance was not followed and that my property is being depreciated by that road being up against my property line. There are ways and ways that this road can be brought in and worked in and Mr. Saiman has discussed it and he came over and I said, "Well fine, if it can be worked out at that particular point and all of the things are going to be equal then I'd be agreeable to do that in the spirit of compromise" because I think that's really where we are right now. I think that the City when they made that recommendation, that motion that day that Mr. Gassen is referring to it wasn't to have the different departments look into it, that was a motion that carried and that motion carried four to one if I'm not mistaken to request the Building Department to revoke the permit. That's what the motion said. Now I'm going to read it into the record at this particular point, the things that are going to be required, that are required. This is in 65.3. These are the procedures for securing approval of a Planned Area Development: (1) A pre -application confer- ence, (2) the application for a PAD, (3) action on preliminary development plan, (4) platting requirements, (5) Planning Department findings, (6) Planning Board action and finding, (7) action by the City Commission. That's where it passes, at the City Commission. That says, "The City Commission shall either grant the application with or without modifications or deny such application. If the Con- ditional Use PAD is granted - Conditional Use now, it's not a God given right it's a conditional use that's given by this commission - if the Conditional Use PAD is granted the area of land involved shall be designated as a Conditional Use Planned Area Development by resolution and such resolution shall incorporate the development plan including any condition or restriction that may be imposed by the City Couuniuslori." Now Section 6 says, "Changes in the Development Plan. Changes in plan: apploved as part by the grant of Conditional Use may be permitted upon application by the petitioner or his successors and interests but only upon 40 MAR 91978 a finding that any Such change or changes are ih accord with all regulations ih effect when change is requested in the general intent and purpose of the corpse- hehsive plan in effect at the tithe of the proposed change, changes other than those indicated above shah be made only by a hew petition for FAb.' 'That's a total hew petition. Mow also I'd like to read ihto the record ,a little sonething that says, this is Section 118,2 revised 2/1/14, the grant of Conditional Use. "site Mans at an appropriate scale", it talks about the written petition or whatever and theh it noes ii 2, 1, 4 of the things that are requited. "Site plans in an appropriate scale showing proposed placement of structures on the Property, provisions to ingress and egress of traffic and pedestrians, off,,street parking and off..street loading areas, refuse areas, etc." So we have some very specific things of What Conditional Uses are, how it cotes about by the accept- ance and it comes about only by the City Commission and if people's property rights are affected then I think it really has to be back before the Commission, Now if the Highway Department says there have to be two entrances into that, which 1 would highly have to question, you could make a much wider entrance so you could cone into it, t mean I'Ve done the same thing. I've got one entrance coming into Main Highway and over 500 feet and with the traffic situation that you have you have a little different problem. I would also liek to say that where that coral rock wall is is not exactly as displayed on that exhibit that Mr. Selman held up. First of all we have about a 41 to 5 foot grade differential from the sidewalk at Main Highway as the site starts to slope off. You also have a six foot high coral rock wall and you cannot in approaching from the south to the north in turning in there see any more than three feet beyond that. So I feel that all things being equal that that road should be moved over, if it is required by the Commission to go to a public hearing as I think it should for this to get it determined then I think it ought to go there but I made applica- tion to come before this commission today to ask that it be moved away from my property line since especially it wasn't there when this was what was presented and we had all our people here at that point. And I might also say in closing that the day that this was passed by this Commission I withdrew my objection to the project on the basis of (1) the entire front being preserved and (2) that the three units be dropped so there were not the 24, there would be the 21 and that there would never be any commercial applied for. Now those were the basis and the stipulations that we had when we sat with Mr. Miller and Mr. Wright and we sat in the Building Department Office and I withdrew my objections to this project. I've got no objections to the project other than how it affects me and affects my financial interests. Mayor Ferre: all right, Mr. Knox now. Mr. Knox: In brief response, Mr. Mayor and members of the Commission, again we have a situation or the situation which is presented appears to be one again in which there is a question about whether any existing rule, regulation or law has been violated by the proposed scheme. Now (1) I don't have the ordinance before me but as Mr. Simonoff read there were changes to be permitted without ' ' the necessity of applying for a new PAD in the event that those changes conformed to existing rules and regulations. As far as the Building Department's determin- ation that this is a change which appears to be in keeping with the intention of the ordinance, that is that a PAD generally is approved in order that flexibility be provided in order to preserve aesthetic and environmental considerations, if the Building Department purport to be our city's experts in terms of whether or not the intention of the Commission is being carred out then the recommendations of the Building Department are highly persuasive and again if we don't have any deviation from existing rules and regulations about the relocation of this road then there is no requirement that this matter be submitted to a public hearing or a new PAD. Mayor Ferre; So what you're ruling then is that the Building Department did act within the purview of what's allowed and the Building Department has stated here that they recommended this, they think this is a better solution. So what else is there to talk about, Mike? Mr, Simonoff: Well, I just see there is a tremendous contradiction of fact be- cause the Building Department sent me a letter saying it was not in accordance with the plan and that they wouldn't be granted a Certificate of Occupancy yet the thing is goin through and now we find out.., Mayor Ferre; Would you clarify that? Mr, Simonoff; I've got it, it's part of the record, r think I read it in at the beginning, 41 MAR 91978 Mayor Ferre: No, not you Mike. Would r. Salman clarify that apparent contra" diction? Mt. Saiman: Yes. At the time that Mx. Simonoff asked me the plans were not subz tnitted to my department in a firm manner. It was only the scherttatic drawing that we had since the beginning when the PAD wln :ip}-,lied. So ... Mayor Ferre: What are you saying, tha si i.,scient to that they did subfnit plans Which you did approve? Mr. Selman: Well yes. Mayor Perre: So in other words it is the rp,eat.ion of the timing of it that when that letter was written that was the case but subsequent to that... Mr. Selman: Correct. Mayor Ferre: But were they building the road when you wrote that letter? Mr, Salman: No, when, let me start from the beginning. This road was not the road to me at the beginning because it was where they were putting the line, the water and sewer lines, they were; putting it in a place that was doing no harm to the integrity of the landscape or thc: environment of that area and we were very careful that no tree was removed, evn the branches. They worked very carefully trying to preserve the integrity of the aLer.. At. the time that Mr. Simonoff asked me that was the situation, even that the drawings that we approved showed a fork even though we didn't know exactly where that fork would be. So subsequent to that after that we received the, excuse me I sent the_rn a letter and told them to build the road 15 feet from the property line lust for aesthetics. I though that that would be for aesthetic purposes but not required by any regulations. After that I went to the place and met with Mr. Miller and his architect and they showed me that there was a physical impossibility to do it the way I was asking through the letter because it would be destroying scni very nice oak trees that were in the middle of the way. Su I agreed with them that that was the best location that the fork could have. The fork was agreed ut:on. Mayor Ferre: I think that is eiveugh. You made your point. I think the point is that you made an administrative decision and the City Attorney says it is within your purview to do sc and. that's why I asked what else is there to discuss. Mr. Simonoff: Well, I w' u i like , c- discus .•7,,ne other thing, that we have a lot of contradictions here. I in y,-;ca faith wrote the City and talked with them. I assumed in good faith I got correspondence back indicating one thing to me while another thing was going on. Mayor Ferre: He has clarified tLat. Mr. Simonoff: But Mr. Mayor, here is a letter ;January 27, 1978 from Mr. Salman to Mr. Miller. It says, "This will confirm our conversation and we again stip- ulate that the entrance to the above project must be 15 feet from the west prop- erty line. We agreed mutually four months ago"- now this is in the letter - "four months ago that it was to he done this way." Now what am I supposed to do... Mayor Ferre: I get your point. Mr. Simonoff: ...when I am trying to depend upon the integrity of the departments of the City of Miami to enforce what these ordinances are about? Either we're going to do it or we're not going to do it. If we're not going to do it let's change the ordinances. Mayor Ferre: Mr. Salman, do you want.to answer us to the letter of January 28, 1978? Mr. Selman: Yes, I will certainly answer. The Building Department approved a set of drawings in March of 77. I was showed the forked road but doesn't show the location of the forked road in regard to the landscaping that was in that part so it was approved as a tentative the same way that the PAD was being approved as a tentative location. Then there was a letter sent to the developer in March of 77 when they came and asked tor a permit from Public Works to put an entrance five feet from the property which is what is required. I sent a letter and told them that because we talked about it previously that: when they come to submit a a final plan put the entrance at 15 feet from the property line at the sidewalk line that was for aesthetic purposes. That was to preserve the environment but when I went there and physically inspected the premises and found out that my request was not 42 MAR 91978 possible but hot feasible because of the actual location of the trees oh the Property. So that is why f accepted the actual location Of the toad as correct. Mt. Simonoff: 1 would like to just say one more thing. That oak that is ihdia, sated is a beautiful oak and I would hot want to see it ToVed. 1 think 1 don't have to mention to the tethers of this COMMissioh My involvement in saving trees and Working with the envirbhTheht. 1 happen to sit oh the Rnvironmehtai Review Board and have since its inception. The roadway could be worked ih such a way to saVe that oak and trove to cabbage palms and it would probably be a lot better ih circulation to come ih and do it that way. I would also like to say that 1 do want to cOMMehd Mr. Miller on his recent work in roving and relocating and saving the trees on the site so if Mr. Lassen May think 1 doh't sit there with my spy glasses and not see good things also. But 1 do say that we can do tote - thing with the entryway that is going to be compatible to both of us and I should think certainly be much tore acceptable traffic -wise and that's really why I'm here today. I'm not trying to stop any project because this is hot the point or the place to do it. Mayor Ferret All right, anything else? All right, thank you very much for your presence here and the open discussion. Thank you, Senator for being here. At this time, Mr. Freidman, you asked to be heard and I told you to be here at 3:00 O'Clock and the Commission will take... Mr. Simonoff: So what's going to happen? Mayor Ferret Well, I don't know that there's anything that can happen. Mr. Simonoff: Well, my request to come before the Commission was to get some sort of a determination, either we would have a decision where we were going to go or what was going to happen. I mean am I supposed to go back and say, Ok, it's there unfortunately... I didn't come here to waste my breath. Mayor Ferre: Look, Mike, here's the way that I understand what this is all about, and I may be completely mistaken on this. But as I understand it the Department made an executive decision as to where they thought that road would best go on that property. The City Attorney said that they are within their right to do that. Now, what else do you want us to do? Mr. Simonoff: Well, one City Attorney at least indicated to me that it had to be brought back before the PAD, Mike Anderson did. Now, you know Mr. Knox I have a lot of respect for also but he wasn't looking at the outlines. He wasn't crossing it back and forth. I mean what are we supposed to do? I came in here, I made an application. Mayor Ferre: Well, what do you want us to do? Mr. Simonoff: I think that there should be some kind of direction from this Commission because this Commission is the one that passed that PAD on a design submission and that's what a PAD is all about. I mean you know... Mayor Ferre: Well, what is it you want us specifically to do? Mr. Simonoff: I don't want that road next to my property because that's not what this Commission granted the developer the right to do. I want it away from there. Mayor Ferre: Mr. Grassie, do you want...you know I've said it three times and I don't know what else to add to it. Mr. Grassie: I think that Mr. Simonoff, Mr. Mayor and members of the City Com- mission, understandably is urging you to take action. I think the point you have made, Mayor, is completely correct. This is not something that requires action from the City Commission. The fact that he is urging you to do something really is the only thing that is in front of you but there is no legal reason, there is no administrative reason for you to take action. Mr. Simonoff; May 1 ask the City Attorney a question? Would this be considered exhausting my remedies in your opinion before any other positions that I might so wish to take on the basis of the Commission having made no determination? Mr. Knox; Unfortunately, Mr, Simonoff, I'm only authorized to render legal advice to departments within the City and the City Commission, 43 MAR 91978 Mr. pluutttter: What that says is you ain't getting a freebie. Mt. Simonoff: This is amazing. I can't really believe this: Mts. Gordon: Well, Mike, you know I'm going to make a practical suggestion. You know there isn't all right and all wrong on this issue either way. I Mean you know, I listened to Mr. Knox make such a gorgeous presentation in defense of the City's posture with regard to that secret, those meetings for the police Chief, I want to tell you he really did well, very well even if he lost. But he did and he just, I was there, yes, I went as an observer. I was very inter- ested in observing the argument that was going to he put forth but nevertheless, in this situation I would hope, I really would hope that regardless of whether it's right or wrong and who's right and who's wrong that you people out there who are interested in both sides of this issue get together and see how you can harmonize and bring some harmony into this situation. I don't think ahybody watts to go to court for anything regarding this matter and nobody wants to hold things up and nobody wants to spend a lot of money in the courts. Mayor Ferre: You know I'll tell you I've got a recommendation. We've got a boxing gym. Mr. Simonoff: You've got a what? Mayor Ferre: We have a boxing gyro. Mrs. Gordon: I don't think it needs to be boxed out, Mr. Mayor, with all due respects. Mr. Simonoff: Unfortunately the people that are looking at that lot won't buy it because the road is there and I don't think that's going to be affected in the gym. Mrs. Gordon: I would hope, I'm talking to the developer, that you would not stand firm on your decision to place the road exactly where you have it now and that you would get together with Mr. Simonoff and make some adjustments that could become satisfactory to both sides. You're going to be neighbors. You've got to be good neighbors and that would be my recommendation. Mayor Ferre: All right, Dave, will you and Mike talk about this? Mr. Simonoff: We've already talked about that. Mayor Ferre: Well yes, but the question is you're not... Mr. Simonoff: It's practical, we'll talk about it but it's... Mayor Ferre: Yes, but let's not go into these negotiations with fixed minds. Mrs. Gordon: If you've got a closed mind on it then you're wasting time and... Mr. Miller: I like the Mayor's suggestion... Mrs. Gordon: Well, I like... I mean go into that session with an open mind. Don't just go in there and say, "Hey, look I've got them on my side" because I can make a couple of motions you know. I may not get a second but I'll make them. Mayor Ferre: I didn't mean to be facetious about it. It seems to me Mike, that you and Dave are always fighting, you seem to get along, you seem to want the same things but... Mr. Miller: I'm the lover in the group. We'll be glad to talk about it. Mrs. Gordon: Yes, with an open mind. Mr. Miller; We've got an oak tree there and we'll just find a nice way to get around it. We think that we've found the right way, we'll be glad to talk about it, Mrs, Gordon; Ok. You talk to him about it. Mr, Miller; Sure. 44 MAR 9197$ 30. INTERNATIONAL FOLK FESTIVAL PROJECT, CONTINUED DISCUSSION. Mayor Ferre: Morty? Mr. Friedman: Mr. Mayor and members of the Commission. As is my usual custom about this time,I'd like to report on the progress of the Folk Festival. Thus far, we have indications that we're going to have the Uruguayan government send us their national folklore ballet here which would be featured at the international ball which will open the festival on Friday, May 5th. Our problem ... Mrs. Gordon: What's your dates? Mr. Friedman: May 5th through May 14th. This is the schedule as adopted by members of the Folk Festival Committee and the events are basically the same as last year because our budget is the same as last year. One exception is that we usually have our arts and crafts exhibit in the main library auditorium. This time we're dividing it up and we're have the crafts in the auditorium and the art exhibit, international art exhibit from various countries in OMNI on the ground floor and back of Jordan Marsh. Mrs. Gordon: Oh, that's very nice, but how do they give it security there? Mr. Friedman: Well, we're going to have to have some guards there to provide that. Mrs. Gordon: I see. Ok. Mr. Friedman: In addition ,the Uruguayan government which is going to send us this group 5,000 miles up here to perform. We have the Qentral University of Columbia sending a folklore trip. The Dominican Republic has advised us that the folklore group that was featured on the Miss Universe television show seen all over the world will be coming here for the festival. The Venezuelan and Education Ministry folk ballet is due to be here. The Philippine U.S. Embassy Folklore Troop were advised will be here. The Honduras Armed Forces Marimba Band and Folklore Dances. Nicaraguan Folklore Ballet, that's the government ballet, and the,from Peru the Carlos Portillo Trio from Lima. Now these groups, they pay their own transportation here. We provide them with something toward their food and hotel room. If all these groups do decide to come we can't have them all, because we don't have the money to provide those facilities. We've explained to those who were here last year that they would have to come on their own this year, because, to be fair we invite the groups that haven't been here lately, or any new groups that haven't been here at all. Our international bazaar, we already have from out of the . A 45 MAR 91979 the country a request for 1 booth from Colombia, 7 from Haiti, 3 from Guatemala, l frofn Chile and 2 from Bolovia, and we haven't yet seht out the formal invitation, which we hope to do shortly. One thing that is a little disturbing to me is that this schedule you see was adopted by the committee but I think there's some doubt about it because l understand that the City Manager feels that there is sortie question as to whether the festival should be that long, whether it should be the international parade and whether some of the other events such as the international bicycle race, dominoes tournament, and the soccer tournament are appropos to the festival Ineidentially, Mr. Mike Gordon has just sent us a check for $6,350 to again sponsor the... Mrs. Gordon: He's not related o me, unfortunately. Mr. Friedman: ... right. And, these other events we go out and get contributions toward the prize money, doesn't cost the city any- thing, in fact, between 20 and $25,000 of our budget is generated by the committee and by the rental of these booths. Also, my agreement with the city as a consultant to produce the folk festival has been removed twice from the agenda and I'm not really sure why. So, therefore I feel that I'm in, some of the things I've been doing lately, the normal proceedures I may be acting illegally, I don't know, because I'm not authorized yet to do the things I've been doing, and that's one reason I'm here today. Mayor Ferre: Alright, Mr. Grassie? Mr. Grassie: I guess at least a couple of things need comments Mr. Mayor and members of the City Commission. One, I presume that when Morty talks about the City Manager not feeling that it should be that long he's really referring to me as a corporation. I have no personal opinion about how long the festival should be. Because I have no basis for having that. Two things have happened. One, about three weeks ago I got a draft of a proposed agreement covering your services and one of the things that I asked the staff is who in the city is responsible for administering this contract,and the answer was well, really nobody. So I asked Lew Price out of who's budget this comes that he makes some arrangement so that somebody in the city was responsible for the administration of the contract. And, Lew has taken some steps to do that, to see that somebody would follow up, particularly to try and improve the coordination between some of the volunteer activities of the festival and all of the demands that are placed on city departments because it has happened many times in the past the city departments are called upon to do a whole variety of things at the last minute and it really requires quite a bit of cooperation , quite a bit of understanding of who is going to do what. I think last year the city took a step in the right direction in the sense that we asked Lee Evans to serve in a coordinating capacity and to try and make sure that all of the city activities would support the festival , have fewer problems, ran more smoothly and receive some coordination and I think Lee did a pretty good job of that. What Lew Price was attempting to do this year as I understand it is to improve on that process and to do what he could or the city can to make sure that we end up with a continually better, continually improved kind of event. My concern has been that somebody in the city administration assume responsibility for the contract and that designation of responsibility which basically has been to Lew Price's department has been the reason that the agree- ment has not come on your agenda. Until we get that clarified and get a responsibility assigned I didn't want to bring the document to you without having anybody be responsible for it. So in terms of the progress of the festival, the staff indicates to me that really there is nothing that is being held out. I understand that the program, itself is now with the purchasing agent going out on bids and things are moving at normal pace. There is nothing that is being held up, But we have people from the staff here who are much closer to the project than I am who can respond to some of those questions and maybe we better get their views. Mr. Plummer: You know, let me... 46 MAR 91978 Rev, Gibson: Let ;the ask a question? 1 do not understand what the Manager Means by assume responsibility, That's a little cloudy to tne, explain that. Mr, Grassier If you remember Commissioner, the city budgets $19,000 for this event and in addition to that normally it puts up a significant &Mount of inkind services. Now, every time that we enter into an agreement with anybody, with an agency, With an individual, there is somebody in the city who is responsible for administering the terms of that agreement, who simply follows up, hake sure that whatever the agreement says it is complied with, Mayor Ferrer Excuse me, may I see that resolution that we passed in i4 on that? Perhaps, 1 could help clarify that, you see, this resolution says a resolution establishing an annual Miami Inter- national Folk Festival creating a Miami International Folk Festival Committee and the naming of the chairman, Then down at the bottom it says, the last sentence says that it is understood that this activity shall be conducted at no cost to the City of Miami. Now since that has been modified and it does cost the City of Miami I guess that's the reason why you need to have somebody in the administration participate... Mr. Friedman: ... the first year. Mayor Ferre: I know but the point is that we're putting money into it and I think that's .... Rev. Gibson: Look, look, I hear what you aren't telling me Mr. Grassie. Now, I believe, I believe that the folk festival and I want to say this for the benefit of all of us. The folk festival before you came was an event scheduled, developed, organized, carried out, in an effect to get the people at this time together with their ethnic background. I hope I don't hear what I think I hear. Now, the Administration then, the Administration as of now showed very little concern and very little capability or desirability and I'm glad to hear now that you know, you want to change your position to become intimately involved,of all, of all of the Commissioners I say this without fear of contradiction, Rose Gordon was the mother and she called me the father and I made it my business every year I participated in the parade. I go to the events and I made sure and watch to see how many of the city staff people were physically present. I don't say everything I think. I say a devil of a lot up here sometimes, but I keep a lot of it to myself. And, I want to testify that last year was the most successful festival we've had. The Manager said to me, to Theodore Gibson, I don't what he said to the rest of them. He said he wanted to improve it, you know, and help, you know, if it so, it was the most successful last year. I want to know, you know, that other part, because somebody must have been doing some right things and talking with some right people, you know, and Mr. Manager you have to say a little more than what you said thus far. What you mean by respon- sibility because responsibility for most administrators and I happen to be one of them, that's what I do for my living, either I want to take it over and and control it and that's the way I run the church, man, when you see me start talking about, you know, I start zeroing in because I'm totally dissatisfied, Now, it will appear to be out of fairness to all of us if you have an agenda other than the one you've told us you ought to tell us and if you want to now tell us to revoke any ordinance that we have and put it so that the city itself, remember this came up by the citizens, that the city itself is going to do it, then I'd like for that to be put on the table too. Mr, Grassier I would agree Commissioner that if there are any hidden agendas as you say they should be made clear, The simple answer is that there are no hidden agendas. Sometimes the simple truth is most difficult to appreciate, ,.. Mr, Mayor,,, Rev, Gibson: I want you to know that 1 could always appreciate the truth and more than that it seems to me that all this time Mr, Manager 4i MAR 91978 a Mr. Grassiet Could I finish sir? 1tev, Gibs sn t Well, let it this so you could answer this too, Because that you said is an accusation, and I want to challenge it, It: seems to me that if were operating in good faith and this festival that's coding off in May and you had all the concerns that youtve now expressed, that you would have ride herd over this thing before now, you or the staff. I'm not holding you responsible because you .said the staff and it seems to me just like you delegate and direct before and all the other things you would have done it, this thing before now. You or the staff. 1 am not holding you responsibile because you said the staff. It seems to me just like you delegat.s, and direct. before and all other things, you would have done in this thing. Mr. Crassie: Let's talk about some basics as 1 understand theta, about events of this type. 1 think the first thing we have start by recognizing, is that events of this type, are most successful to the extent that they involve larger, and larger proportions of the community. Example, something like the Coconut Grove Art fair, is successful to the extent that every year they get more and more volunteer effort, they get more and mote people involved, and that event becomes more successful. I think that basic attitude should prevail. Anytime that We as a city, as an administration as city government, look at an activity in our community, that can involve a lot of people. In other words, we should be interested in making that activity as accessible to as many people as possible. And basically is the approach that we have taken, a collaborative kind of approach with open -house- , for example, most recently. Really what we are doing is simply the backup work to facilitate the activities of citizens who are volun- teering their efforts. Now, that's the philosophy if you want to call it a hidden agenda Commissioner, that is the philosophy from which I approach this project or any similar project. With that in mind, the only thing that is different about this partcular project, now, than was the case when you first considered it, is, that you have a direct city investment. Now, our responsibility as a city for that direct investment, is a little different than the approach that we take for example to the Coconut Grove Art Festival in which we give them city services, but we don't really hand out any money to them. In the case of the $19,000. which is a direct subsidy, and $7,000. is a direct personal services payment to one individual, where we are buying his services, presumably to do something. I have taken the approach the city has a responsibility to make sure that whatever is contracted for is delivered to the city. That is fairly a straightforward kind of an approach. What I have asked the staff to do, is to not simply assume that this will take care of itself, but to get involved, make sure there is the coordination. For the first time last year, we did start that coordination. I have asked them to do a better job this year, and make sure somebody is responsible for the different areas of activity under that contract. Now, that is the extent of what has happend so far. The first draft of the proposed agreement did not recognize that relationship. It did not recognize that responsibility on the part of the city. I have asked Mr. Price to rewrite that agreement (and there is only about a sentence that has to be rewritten) so it recognizes that the city has that obligation. That is the extent sir, of what has been done so far. Aside from designating individuals to be concerned, -- about specific areas, Rev. Gibson: Mr. Mayor before you bring Mr. Price on, I want Mr. Grassie to answer this forthrightly. Yes, or no. Did you go to the people, the committee of people who have labored all this time, and the man who was in charge, and said to them, we want greater participation on the part of the Community. And that is a must this year. Mr. Grassie: Did personally? No. Rev. Gibson: Did you staff do it? I don't care whether you did, because they do it in your name, man. I understand delegated authority. Did the staff do it? Mr. Grassie: I would have to ask them, Rev. Gibson:Anybody who can answer, let him answer. Mr, Price: We have one gentleman in the department that attends most all the meetings. Rev, Gibson: Did he tell them that? 1 want a yes or no, Mr. Price; Yes, He is very Rev, Gibson; What did they tell,_ Mr. Price; No, Reverend, 1 think l should better explain it this way, We have a participant in our department, Mr, Manuel Centeno who sits in all the meetings, l asked Mr, Centeno, is MQrty Friedman running this meeting, or does the total 1 49 MAR 9197$ group, He said no, the total group puts this festival together, and often times they override Mr. Friedman • This is their. program. It is really not Mr. Friedman. Be carries it out for them, although he consults with them* The Committee itself, (I think there are 33 of them), they put this program together. Mrs. Gordon: What's wrong with that? Mr* Price: Nothing. I am just answering the question. Rev. Gibson: Mr. Price all I am doing, I want to get the thing straight on the record. Mr. Grassie said, listen to what we were told, that the reason for holding up thus far, is greater participation. Note what the man said. He said, Mr. Grassie: Commissioner, that is simply not true. What I said, was two things. One, you asked if there was any hidden agenda. I explained my basic philosophy with regard to this kind of event. The other thing I said to you was, in reponse to Morty Friedman's specific comment, that the thing had been held up for three weeks, what I said to you was, I got a document three weeks ago which did not have any delineation of responsibility on the part of the City from monitoring the expenditure of $19,000. I asked the staff to get that responsibility delineated in the agreement. That is what they have been doing. That's what I said to you. Rev. Gibson: You, in a private conversation with me, in my office, when we adjourned,,, Mr. Mayor and members of the Commission, Mr. Grassie expressed to me, that he was con cerned about greater participation. So I hope you all hear what I am saying. You may not understand what I am saying. Mr. Grassie: I just said it here also. Rev. Gibson: Based on what Mr. Price, you evidently are getting the participation. Mr. Price: Mr. Friedman has been having a few problems with some of ---- Mr. Plummer: ----you come take my chair, and if it wasn't Lew Price, I wouldn't you. Mr. Mayor I have heard what Father said, and I heard what Morty said, and I heard what the Mananger said. Fighting about it ain't going to get it done. I think the posture of this commission, since there seems to be some uneasiness on everybody's part, that this commission ought to go on record, No. 1, that we stand fully behind the Folk Festival. No. 2, we the Commission, encourage this to be a citizen -run festival. It can't be any deviation from that. No. 3, the $19,000. which is afforded to this committee of citizens named by this Commission, like anyone else receiving money, is going to be held accountable for where the money went. No.4, that we urge,(how strong can I go?) Can I say that? Mrs. Gordon: Strongly, Mr. Plummer: ---I'll alter to 'urge', that the administration, cooperate as fully possible in achieving the concept put forth by this commission in doing all things of in -kind services that they can do to make this a better festival. And No. 5, that they immediately correct the one sentence that seems to be a hangup of Mr. Friedman's contract and sign it. Mayor Ferre: Is there a second to the motion? Father Gibson seconds. Further discussion? Mrs. Gordon; Just a clarification as to what the sentence means, to the operation of the festival coordinator and committee. Mr, Plummer: I don't know what the sentence is, Mrs. Gordon: I don't either. So I don't want to approve the sentence. Mr. Plummer: And I don't either. Okay. Mrs. Gordon: You tell us Mr. Grassie what the sentence is, in its exact form. And not word-for-word but what does it mean? What is that sentence going to be? You have it Lew? Mr, Grassie; basically, what it means is, that somebody in the city, and in this case 50 MAR 91978 Lew Price, has to take responsibility, has to have responsibility, ttt1titing that agteeitent. Mayor Ferre: Obviously. Mrs. Gordon: It has been that way. Mr. Grassie: Make the contractor, in this case Mrs. Gordon: Let's go ahead then. Lew will you Mr. Price: I'll read this, ----the line here we 'the funds to cover the cost of these services 1977-78 tourism budget', we added 'as approved Morty Friedman. read the words that got prepared by Mr. , have been provided by the City Manager are changed. Bob Clark, for in the or his designee. Mayor Ferre: Fine. Unidentified: I am sorry, what is the first part of the sentence? Mayor Ferre:--'as approved by the City Mananger',-- Mr. Price: --'where the funds to cover the cost of these services have been provided by the tourism promotion department'. That is the way it ended. All we do is add the following words 'when approved by the City Mananger or his designee'. Morty Friedman: I would like to ask this one question, does that mean if the Committee decides on a program for the festival, and if the Mananger disagrees, that we should have certain events, can he withhold our budget for it? Mayor Ferre: Yes, and knowing you, what will happen is that we will be in session within the next 24 hours, and you have the commitment of this commission. Mr. Plummer: Let's travel on good faith and good intention until proven otherwise Morty. Okay? Mr. Friedman: Fine. Mr. Plummer: I couldn't word my motion any stronger to tell the Mananger that this commission wants him to cooperate with a committee formed of citizens to operate. I couldn't be stronger, Morty. Mayor Ferre: Call the roll. Mrs. Gordon: Morty, if there's problems, you know where you came this time, and you come here again. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-174 A MOTION STATING THE POLICY OF THE CITY COMMISSION AS FOLLOWS:l.RE-AFFIRMING THE SUPPORT OF THE CITY COMMISSION TO THE CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL; 2. DECLARING THAT THIS FESTIVAL SHALL BE CITIZEN -RUN; 3, STIPULATING THAT A PERSON IN THE COM - MITTEE BE HELD ACCOUNTABLE FOR THE DISBURSEMENT OF FUNDS ALLOCATED FOR THIS PROGRAM ($19,000.); 4. DIRECTING THE CITY ADMINISTRATION TO FULLY COOPERATE WITH THE CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL COMMITTEE IN MAKING THIS FESTIVAL A SUCCESS; and 5. DIRECT THE CITY MANANGER TO EXPEDITE SIGNING OF THE CONTRACT WITH MR. MORTY FRIEDMAN. 51 MAR $1978 • Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr, Plummer, Mac, Reboso, Pev. Gibson, Mts. Gordon, and Mayor Vette. NOES: None. ABSENT: None. ABSTAINING: None. Mr. ?rice: 1 would like to explain just one quick thing. There's a lot of in -kind services involved in this. For years Mr. Friedman has been having trouble with department directors, because they have been reluctant. Last year Mr. Grimm got into the act. We tried to facilitate these obstacles and we appointed Mr. Evans in my department, so now when Mr. Friedman needs something, he doesn't have to go to each department head. He comes to us, and we make the call for hits. We clarify all his problems. That's working very well. Mrs. Gordon: If it is working, nobody is going to be unhappy about it. We are certainly not unhappy about it. 31. EMERGENCY ORDINANCE: AMEND 8757, SECTION 4 (BANKING SERVICES) BY CHANGING EFFECTIVE DATE FROM MARCH 1, 1978 TO READ APRIL 1, 1978. Mayor Ferre: We now have an emergency ordinance amending section 4 of ordinance no. 8757,adopting the second and final reading on February 23rd, entitled an ordinance amending... I'm reading the ordinance... (are you with me Rose) Rose... Mrs. Gordon: I'm reading it. Mayor Ferre: .... Moved by Plummer. discussion. Call the ordinance. AN ORDINANCE ENTITLED - Seconded by Reboso. Further AN EMERGENCY ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 8757, ADOPTED ON SECOND AND FINAL READING ON FEBRUARY 23, 1978, 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 CITY'S BANKING SERVICE NEEDS FOR A CONTRACTUAL THREE-YEAR PERIOD, RESTRICT- ING INVESTMENTS TO BE PLACED ON A COMPETITIVE BID BASIS, AND CONTAINING A REPEALER CLAUSE AND A SEVERABILITY PROVISION AND CONTAINING AN EFFECTIVE DATE." BY CORRECTING THE EFFECTIVE DATE ON MARCH 1, 1978 CONTAINED THEREIN BY REASON OF A SCRIVENER'S ERROR AND PROVIDING FOR A NEW EFFECTIVE DATE OF APRIL 1, 1978. Was introduced by Commissioner Plummer, 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 Mayor Maurice A. Ferre NOES. None. 52 MAR 9 1979 Whereupon the C6th isSLon on ffiotioh of Cottietiethet Plumnner, and secohded by Vice Mayor Reboso, adopted said Ordi iande by the folio iing vote: AYES: Com1i issioner Rose Gordon Coissioner .7. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Terre NOBS: gone. SAID Oi bINA tCE, WAS DtSIGNATED EMERGLNCY ORDINANCE NO. 8.773. 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. Mrs'. Gordon: Wait, one thing Maurice, let me ask a question because ... do any talking about the subject before, but I want to clarify. Mr. Grassie, your intention was simply to monitor the construction of a program, is that correct? Mayor Ferre: How about Morty Friedman? Mrs. Gordon: I'm talking about the festival again. I would not want to see you or your designated person monitoring itself, be- cause the program is a very successful event and we don't want to see any interference at least I don't think J. L. does either as his motion was very strong, but still if it wasn't clear to you I want it to be clear now by this conversation that we want the committee and the coordinator full control of monitoring the program, the funds or something that the department will look out and see they're spending it properly. Mr. Grassie: With regard to, you know, how the city participates in structuring the program we can do that any way that you prefer but I would suggest to you however is that Lew Price and people in his department do have some pretty good ideas about some of these things. Not all of those ideas... Mrs. Gordon: Well, now they're not clear and we're not clear. I don't think J.L. wanted that on your mind either. Mr. Plummer: Rose, if Lew Price has some good ideas he presents them to the committee. Mrs. Gordon: Right. Rev. Gibson: J. L. , let me say to this Commission. You all didn't say what I was saying. You didn't hear what I was saying. Mr. Plummer: Very Well. Rev. Gibson: You didn't hear what I was saying. Mr. Plummer: I heard what you didn't say. Rev. Gibson: You doggone right. Mr. Plummer: But my motion in my estimation, Father my motion touched on everything you didn't say) and clarified it. Rev. Gibson: Alright. Alright. Mr. Plummer: If Lew Price can judge great ideas let him present them to the Commission, Mayor Ferre; It's almost 4;OQ o'clock. Mrs, Gordon; Everything goea to the committee for their decision on programs, ok, 53 MAR 91978 32, RESOLUTION URGING DEFEAT OF PROPOSAL TO ELIMINATE APPLICATION or ThiE DOCTRINE OF "MUNICIPAL SOVEREIGN IMMUNITY" WHICH IS tEFORE THE FLORIDA CONSTITUTIONAL REVISION COMMITTEE, Mayor Ferret Moved by Plummer. Seconded by Rose Gordon, Further discussion, Mr► Plummet: Under discussion. Mr. Mayor, I want to tell you and the rest of the Commission that my Most recent trip to Tallahassee in which I serve this state for the constitutional program that this at the urging of the Law Department and the Manager that we were successful in getting this as one of the number one priorities before the Constitutional Revision. So my request is that this motion not only be sent to the Constitutional Revision Committee but to the Florida League as well as the Dade Delegation. Mayor Ferre: Alright, further discussion. Call the roll please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-175 A RESOLUTION STRONGLY URGING THE DEFEAT OF THE PROPOSAL BEFORE THE FLORIDA CONSTITUTIONAL REVISION COMMITTEE TO ELIMINATE THE APPLICATION OF THE DOCTRINE OF MUNICIPAL SOVEREIGN IMMUNITY BECAUSE SUCH PROPOSAL IS CONTRARY AND INIMICAL TO THE BEST INTERESTS OF THE CITY OF MIAMI AND ITS CITIZENS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Mayor Ferre: Now Mr. Knox, on proposed ordinance repealing chapter 37 of the City Code ... Mr. Knox: Oh yes we've done that already. That was item 19. 54 MAR 91878 33IAIJNORtEEEfiMM1A TO ELECTION REPRESENTATION ER1 !JUL!JULG ,fib E LATER ]1j Mayor Perre: hose Gordon is recognized first. Mrs. Gordon: I would like you to... I would like to ask Mr. Grassie, please, 2 understand there has been an affiliation between the two organizations for the general employees who are planning to be the representatives of the general employees and I would like to ask you if we could hear from Mr. Sherman how, to bring us up to date on the affiliation, that I understand has taken place. He is here and I'd just like to ask him if he'd just up date us. Mr. Sherman: Thank you very much, Mrs. Gordon. My name is A. G. Sherman. Mr. Mayor, Mrs. Gordon, members of the Commission. I welcome the opportunity to come before you to bring you up to date with a progress reports of our af- filiation and I thank you for your concern the general employees as their welfare, as it tends to lead toward negotiations. If I m , inrefeerence to, saving time, I'll refer to some notes that I have which I vie adopted to present to our general membership and I think it could save some time and bring you up to date with everything that has transpired. In December our Board of Directors and also the GEA met with officials of AFSCME International to dis- cuss the issues of affiliation . At this meeting it was unanimously passed as to the issue of taking this to our Executive Board. On December 20, 1977, the GEA Executive Board met and voted overwhelmingly to take this issue to the general membership for discussion. At this meeting it was voted overwhelm- ingly to take the vote to the general membership. Guidelines and procedure were established to conduct the secret ballot election. The results of this election were 84% in favor of the affiliation. In conjunction with our process AFSCME International, Local 654, Executive Board met and voted unanimously to take this issue to their general membership. Their both outcome was also overwhelming in the respect of affiliation. Since that period of time, an affiliation agreement has been reached between GEA and AFSCME Local 654. The paper work concerning this affiliation is in its final stages. The new organization will be called Miami General Employees Association-AFSCME Local 1907 . We presently represent approximately 1,300 members and we have a potential of having over 2,200 to 2,800 members. We have a hearing next week March 15 with PERC to ask that they recognize us as the survivor and successor to the GEA and Local 654 and recognize us as the collective bargaining agent for the City of Miami General Employees. We have invited a representative of the City's Labor Relation office to accompany us to Tallahassee next Wednesday to participate with us before the PERC Commission in seeking recognition and registration and if thereare any questions that the Commission or the City Manager would like to ask me, if I could.... Mrs. Gordon: It's not a question, it's a statement, congratulations. Mr. Sherman: Well, thank you very much. In reference to Mr. Plummer's statement back in November, December, we took issue of it and sat down and realized that what he said was a reality that we were fighting each other and the goal we should have beenlwas to be recognizing and working for the people and in lieu of that we sat down and ironed out our differences and hopely we can now get to the negotiating table and help the people. Mrs. Gordon: Have you been elected the president, I believe? Mr. Sherman: Yes, Ma'am. I am the acting president of the new Local 1907. Mrs. Gordon: I congratulate you again on that. Rev. Gibson: Mr. Mayor, I want to raise a question in that connection. Every - time you talk about APSCt. and PERC I qet scared, scared as all get out. I want this for the record. I hope that now that you've asked a City of Miami representative to join you in Tallahassee, they wouldn't do you there like they did to Sanitation workers. Do you remember that? Do you all remember that? we, the Commission had one position; the Administration had another, What I'm saying is I want this Commission to direct the Administration as to the position to take and that they have to take that position and no other, 55 MAR 09793 to be fofewathed is to be forearmed. I wash't ih your discussion, ho, t was goihq oh; but how that you brought it up I bring it before this Commission that t Waft a fortmtat action taken because you remember how t went to that Meeting and you all didn't know I was going? and you Went tight oh with the business and 1 got there and the Administration had ohe position and, you know, we had directed another. And if I'm in order I move that the CothMission instruct the Administration to go along with the position that has just been enunciated. Mr. Sherman: Thank you very much, Mr. Gibson, Rev. Gibson: Wait, wait, man, that's the motion, don't be no fool. Mr. Plummer: Well, for the purposes of discussion„ I will second the motioh. Now, under discussion, let's reverse the situation. Mr. Grassie, I would like to hear the Administration's point of view as to why you feel,if at all,that this Commission should not voluntarily recognize this group before PERC. Mr, Grassie: I have had no previous notice of the fact that the merger was contemplated, Commissioner, so that really I don't have a reaction until I ask the Labor Relation staff to look at the State Law and the position of the City. I think that it's just elementary that the City Commission should not go on record one way or another until you at least have a recommendation from us. Mr. Plummer: Well, the problem, of course, Mr. Grassie, is they are going up next week. Mr. Grassie: Mr. Plummer: can we handle Well, but that's their desire, it's not necessary. No, I think it's everybody's desire to get it over with. How this, because I tell you.... I'm ready to vote for it. Mrs. Gordon: Yes, I too. Mr. Grassie: Well, let me suggest to you but two out of three persons in the Labor this coming week, so it makes it a little Rev. Gibson: Let me ask a question. Mr. that right? Mr. Grassie: That's correct. that it may be entirely coincidental Relations staff are out of the City more difficult for us to respond. Mielke is the professional, is Rev. Gibson: And Mr. Mielke, I'm sure --for the members of this Commission who may not be aware --he keeps over that man just like white on rice. Mayor Ferre: That means you are informed. Mr. Plummer: Better than my informed. I'm willing to vote for the motion now and if the Administration raises any serious, serious problems that can convince me to vote otherwise, I think the Mayor would be willing to call a Special Meeting; but I'm ready to move now in favor of it, have the Admin- istration look at it and if they come up with something that convinces me that my vote was not good vote, I will be glad to come back next week and vote against it. Mayor Pierre: Further discussion. Mrs. Gordon: Second. Mr, Grassie: Do I understand from your comments, Commissioner Plummer, that if w e wanted to make a recommendation to this City Commission with regard to the recognition of a bargaining unit for the City of Miami, that you are suggesting that we call a Special Meeting that this question cannot wait until we get a recommendation to you? Mr. Plwwner; No, I'm saying, Mr, Grassie, that you have ample time between now and let's say Monday or Tuesday to look over and verify what A, G, has said. if you feel that you have some serious objections to the Commission 56 MAR 0 91978 taking a voluntary recognition, them, I think the Mayor without question, would call a Special Meeting and let you air those volunteeradyout objections, but I think of the essenet of tine that the one statement that I've made around this p see happensto be truer that is that we, the COMMissiorh, are patching the blame for the Tack of decision on the part of PERC grid the lack of decision on the part of PM has been because of the infighting which now seem to be resolved. So, what t'm saying is that we approve this unless the Manager eooties up with objections at such time and would notify the Mayor who would oali a Cor nission meeting. Mr. Sherman: May I make a comment, Mr. Plummer? We have kept the City tabor Peiations bepartment in contact and notified as to the progress that we have undertaken, he knows of the affiliation and they have known for quite some time. May. Gibson: Thank you, Mr. Sherman, then Theodore Gibson was right. Me. Plummer: It doesn't preclude their having objections to this Commission meeting. Mr. Sherman: Yes, I'll tell you, Mr. Plummer, I would agree with you and I welcome the motion and the action --if it's taken-- with the stipulation that we do get a complete clearance and approval of PERC next Wednesday and if they do recognized us I would certainly like to thank you for whatever action is taken. Mrs. Gordon: What we would be doing is saying that we think that.... we recognize you. Mr. Sherman: Yes, Ma'am, okay, that would be fine. Mrs. Gordon: Isn't that what your motion is? Mr. Plummer: Yes. Mr. Grassie: I think in order that we get the record a little more clear for you, I would like to have Joe Jackson who is in the Labor Relations office speak of the question to a recent order from PERC with regard to elections. Mr. Jackson: Mr. Mayor, members of the Commission, we received yesterday an order from PERC to proceed within 45 days to an election that will resolve the problem that we are looking at now. The Order called for an additional two bargaining units that will participate in the election. One that would consist of professionals and the other would consist of non-professionals. As Mr. Grassie said, Mr. Mielke and Mr. Dekoning are out of town. Joe Dekoning will be returning on Monday. And.... Mr. Grassie: It's interesting that what you are being asked to do is to stampede into giving your approval now that we finally have a PERC Order to hold a democratic election to see who the employees want to have represent them. That's very interesting. Mrs. Gordon: All right, I didn't understand, you said the professionals and non-professionals , you mean, you think we need two again instead of one? Mr. Grassie: We don't think so, Commissioner, we don't think so that is the question of the PERC Order. We have always encouraged PERC to put the employees into one bargaining unit. They, apparantely, have a different criteria. Mr. Sherman; May I make a comment on that. What it is on this election, they will give the professional employees of the City an opportunity to vote whether they want to be included within our unit or have their own separate bargaining unit. Now, they may, in fact, be inclusive within ours if they vote as to that approach. Mr. Jackson; I don't believe that's correct, The Corder stated that there will be two units, The question that the professionals will be faced with is whether or not they want to be in a bargaining unit, 57 MAR 091978 Grassie: It is also not a foregone conclusion that this coalition is going to be the only bargaining unit that is going to present itself to the employees desiring to represent the City's employees. Now, if this particular petson wanted to preclude anyone else from having a chance to present hii? eif at an election to attempt to represent City employees, probably the best way that he could get that accomplished is to stampede you into recognizing their. What I'tn suggesting to you is that you, at least, ought.... Mr. Sherman: Let the make this.... Mr. Plummer: Let the man finish. Mr. Grassie: ....give this process enough time so that we can live with the PERC Order which obliges us to go to an election within 45 days and it would Seem basic that you get some kind of written analysis of what's involved in this process from the Administration. Mr. Plummer: Well, I'm hearing two different things here. Now, A. G. you contended to this Commission that an election was held of all City employees. Mr. Sherman: We are speaking of two different elections. What we are speaking now is an affiliation election between ourselves, within our membership; and an election within AFCSME, within their membership, of which we have formed a coalition, an affiliation, and now... what Mr. Grassie is saying, on the ballot will appear AFCSME Local... GEA-AFCSME Local 1907.. or NONE, which you want to represent you in collecive bargaining. Mayor Ferre: Well, let me ask you a question. How long have we been strug- gling with this? Mr. Sherman: Well, I'll tell you, we've been the opportunity of negotiations for.... Mayor Ferre: Well, let me ask you a question. We've finally broken the ice ld finally Tallahasse has come forward with what we've been asking for a long _ime.... Mr. Sherman: Yes, Sir, this is true. Mayor Ferre: ....and we all know that you are going to win this thing, at least I assume that, that you are not going to have any problems; maybe you've lose, I don't know, this is all conjecture on my part. If we take a precipitous action like this when we are 45 days away from the electioh,what you do is you open yourself forever,for somebody to question, well, you know, this happened this way, through. You are going to get what you want, don't you think it'd be wiser to follow the recommendations of PERC, have an election, and then there is no question about any of this. Why would you at this late date after you've been after this for some many months, and years, jeopardize what's going to be according to you, and I accept it, a clear victory. Mr. Sherman: All right, in answer to you, when I came before the Commission, and was asked by Mrs. Gordon to give you a progress report I did not intend that the motion would be made to recognize us, which I welcome. It seems very funny.... Mayor Ferre: Do you really, is that really what you want when you are 45 days away from the election? Mr. Sherman: Let me ask you, I've come before this Commission starting back last June, making you aware of the situation, of the problems that the general employees have had because we have begged and pleaded to PERC and the Labor Department to try to do something for the general employees. It seems funny that when we finally form an affiliation, get our act together and start representing the general employees as they should be, all of a sudden1an election, just like that, overnight, comes out, surfaces. You know, it seems very funny that.... Mayor Ferre; Are you going to win that election or not? Mr, Sherman: Well, I'll tell you. Let's put it this way, the people will have 58 MAR 0 91978 nobody representing them in collective bargaining or they'll have us because we Have.., Mayor Perre: Aren't you sure of your victory/ Mr. Sherman: Yea, sir, 1 am but let me tell you what we're cohcerned with is this: We're concerned with the problem of getting down to negotiations. You're looking at 4t days until election. Theh you're looking at a process of a challenge per- iod, Theh you're looking at a time of establishment, certifying and then getting down to negotiations which we might be looking at another three or four months away. Mr. Plummer: Let me ask a question, A. G., in reality. This CoMMiSSioh voluntar- ily recognizing you, hypothetically, ok? PEftC can laugh at that, right? Mr. Sherman: Yes, sir, that's why we're going there next 'Wednesday. Mr. planer: All right. So they can laugh at that and just gay the hell with you, we thank you for sending us a letter, adios. fright? Mr. Sherman: Yes, sir. Mr. Plummer: All right. They've put down an order, am I correct? Mr. Knox: That's correct. Mr. Plummer: What are we spinning our wheels for? Mr. Sherman: Well, the reason is our plans have been long made prior to this election notice which Mr. Jackson said he received only yesterday, we got it last Friday so I guess our communications are a little better, but what we are concerned with that we have pushed, we have worked and we've spent a lot of money, a lot of time. We have now gotten to the point that we didn't realize an election was forth- coming, (1). So we have made plans to go to PERC. We are going to PERC and we are going to ask them to recognize us as the surviving unit after the two organiz- ations have given a lot of sacrifice at a lot of expense to form one organization to represent the people and we just feel that we're at a point now we've gone so far that we're going ahead and ask PERC to recognize us as the bargaining unit in hopes that the Labor Department will recognize us as being the only one to repre- sent the people in negotiations when we do come back from PERC. As I said, I think Mr. Jackson has been contacted to go with us next week... Mr. Plummer: A. G., you are missing my point. Ok? Now as I understand PERC which I don't really understand sometimes because they were an organization who were to bring all of this together, expedite matters in trouble , throw oil on the troubled ... Now listen to me. Which they haven't done in this particular case if any, have already issued an order. Mr. Sherman: They could rescind that order. What I'm saying is all we have to do is go up there, PERC will recognize us and if this Commission or the Labor Depart- ment, the Commission does not have to recognize us. If the Labor Department will recognize us PERC will recognize us, we can get a certification in and begin negot- iations for the employees. This is what I'm saying. We don't need an election and it is going to be quite an expense to this City to have an election and we're going to save the City some money. Mayor Ferre: That's true, it is going to be an expense but I'm going to tell you something. In every situation in union matters, and I believe in unions and I believe in representation in organized labor, you've got to go through an electoral process. This is the same thing time and time again, you have to let people ex- press their opinion. You can't just ram it down their throats. You're so close to it now, I think you're crazy to want to do something like this. Mr. Sherman; Ok, we'll go to an election if we're assured that we will have an immediate election and it will be due process following up in that, there won't be any more of this time delay like we've had for the last twelve months. Mr, Plummer; Out A. G., that's not been our fault, Mr, Sherman; No, it isn't and I'm saying now though you can rectify if there are any problems. , , , , NAR I91e Mayor Terre: Mt, Sherman, I will tell you what I will vote fat. I'll Vote for an imtediate Mandate to the Manager to expedite the elections We're under order and lets hive that election as quickly as we can have it. Mt. Gtassie: We'd certainly be happy to do that. Obviously, we're under order front Ptlid, we are going to do this as quickly as possible. I think you know ftom your own personal experience since you've made some of the contacts for us, Mayor, that the City has been attempting to get this election scheduled much more Vigor ously than anybody who represented..., Mayor Verret Let me just for the record make sure that we understand what you're talking about. I was requested to write the governor a letter which I did saying thatthis thing had been dragging on much too long and that we Wanted this to come to a head immediately and PERC to bring it to a conclusion, That was my involve- meat. Mr. Plummer: Well, let me ask this question. Did you say that the order said within 45 days? Mr. Knox: That's correct. Mr. Plummer: So in other words nothing precludes this election from being sched- ule& in 15 days from today. Mr. Knox: That too is correct. Mr. Plummer: Well that's expediting in my book. Mayor Ferre: I'd vote for that. Mr. Sherman: I'll tell you the information which I have just received which is new information and which I am aware of that I want to make it known to the Com- mission that if this Commission does recognize us PERC will automatically recog- nize us. I mean I just want to put this into the record that it could be an automatic thing but we would have to go to PERC next week and get their recommenda- tion. Mr. Plummer: A. G., are you standing there telling me that 100% of the people of non -uniform excluding SEA voted for you? Mr. Sherman: No, sir, we only had 800 members that voted within out organization. Mayor Ferre: Mr. Sherman, I want to stop this discussion right now, under the charter I invoke the 5-day rule, this is not a scheduled item and as of this time this matter is not going to be discussed any further. If any of you want to have a Special Commission Meeting I'd be happy to call it within five days. We don't have a full Commission here, Reboso is now gone. He asked me if he could leave, I told him he could since we had finished the agenda. This is not a scheduled item and, therefore, it will not come up for a vote at this time. Mr. Plummer: You're speaking of the motion, Mr. Mayor? Mayor Ferre: You bet you. Mr. Plummer: Ok, under discussion... Mayor Ferre: There is no discussion. Mr. Plummer: Not on that motion.... Mayor Ferre: There is no motion, I am invoking the five day rule. Mr. Plummer; I understand that, Mr. Mayor. As it relates to voluntary recogni- tion of this union you have every right to do such but I also have the right to discuss other matters. Mayor Ferre; You certainly do. Mr. Plummer; And under discussion I think since it was brought up by the Labor Department that this election should be scheduled within 45 days and the Mayor has indicated that he would do everything and so would I to expedite this matter, I as one Coasnissioner will put it into a motion if you wish that this election be acheduied before the end of March, 69 MAR 0 9 1978 Mayor Ferret I'll go along with that. Mr. Plummer: taw that to me would be e2peditirg.,. Mayer Ferre: I'll recognize you for that purpose unless somebody else wants to invoke the five-day rule, Mr, Plummer: I'll make such a motion until it is ruled out of order, Mayor ?erre: There is a motion that this eleetion be held before the end of Math is there a second/ Mrs. Gordon: 2'11 second it. Mayor Ferre: Further discussion on the Motion 7 Mr._Grassie: Yes, Mr. Mayor. One of the things that you have to be concerned about .in elections is that the rights of anyone who wishes to participate in the process are, in fact, guaranteed. Now what this does, what this tends to do is to make the existing organization, the only competing organization, in other words it tends to shut out anybody else. I don't know that there is anybody else, what I'm saying to you is that what this tends to do is to not give due process to anyone else who could be interested. Mayor Ferre: Mr. Grassie: the election, Well what is your recommendation, Mr. Grassie? My recommendation is that we follow the order of PERC, that we hold hopefully we can hold it quicker than the 45 days... Mayor Ferre: We're arguing over nothing, man. Mr. Grassie: The determination we have to make is whether or not it is going to end up being fair to everybody that wants to participate in the election. I don't know that now and I don't think anybody else does. Mayor Ferre: Mr. Grassie, is the order that you have an election 45 days after the date of the letter or after receipt? Mr. Grassie: It is after the date of the order, I presume. Mayor Ferre: What was the date of the order, will you please tell us? Mr. Jackson: The date of the order, the date would commence on the date that when we resolve the unfair labor practice that was filed by AFSCME and that letter went out on yesterday. So the 45 day period has begun. Mayor Ferre: When did it begin? Mr. Jackson: Well, the letter was postmarked yesterday, I believe the first day would be today. Mayor Ferre: So 45 days from yesterday which was the 8th would be on the 7th of April. Now, no, that's 30 days and then 15 more... Mrs. Gordon: Doesn't that say before, on or before 45 days? It doesn't say after the 45th day. Mr. Jackson: It says within 45 days. Mrs. Gordon: Well within, that's on or before. It could be tomorrow. Mr. Jackson; There are other functions that PERC will be supervising the election we have certain things that we have to work out in order to have an orderly elect- ion and those things will have to be worked out before setting the date for the election. Mr. Plummer: You've got 21 days. Mx, Jackson: We don't have total control of that, we have to work with PERC on this. Ors. Gordon; That wasn't ter. Grassie's concern at all, He's concerned with maybe there will be some other groups that will want to be on the ballot and such 61 MAR 0 91970 groups aren't even known to anybody that I knew of and that was your concethi Ir, Ctassie, at least that's that you said was your concern. Mr. Grassier CotMissiofter, Mrs, Gordon: is something forth, etc. Well, I think it is fair to assume that if that's what I said, that that is my concern. Now... But that's not that he said, that's not his concern. His coticerft else aga.iri, whether or not he could communicate with PEBC back and That's the only concern... Mr, Cassia: Which is a second valid question. ... Well, it seems relatively simple, Mr. Mayor and members of the City C andssi.on, this question has been delayed over two years and basically it has been delayed because of an internal argument between two bargaining units each of which wanted to represent all of the employees. Now faced with the potential of an election there seems to be a great deal of pressure to avoid that election and to get automatic designation, I would suggest to you that since the process is under way that we have an elec- tion which is going to take place in not more than 45 days, that the only respon- sible thing to do is to follow that process and give all of the employees a chance to express themselves. They should have that right and we will have a definitive answer. Mr. Plummer: Let one tell you vihat. I.et me give them another week. I'll make it April, ---is Tuesday the day they normally vote? Mayor Ferre: The second Tuesday of April, whatever that is. Mr. Plummer: What I was going to do, Mr. Mayor, was give them 30 days. Mayor Ferre: Say the second week of April. Mr. Plummer: Since I don't have a calendar, 30 days from today. Mayor Ferre: The llth day of April, which is the 2nd week in April. Is that your motion? Mr. Plummer: That's uiy motion. Mr. Sherman: Mr. Mayor, may we come before the Commission next week, I believe the 16th and give you a report as to what took place at PERC? Mr. Plummer. We'd love to know. Don't wait till then, write it up and send it to each of us. Mr. Sherman: We will care before the Commission next week and give you a report of exactly what happens in Tallahassee. Mayor Ferre: Schedule it for discussion on the 23rd. If he wants to write it up he has that right. We will schedule it for discussion on the 23rd, a sched- uled item on the agenda. Mrs. Gordon: I want to ask a question of you, J. L., suppose PERC acts in a nn mer next week which precludes the need for this election? This election notion is moot. I want that to be understood. The following motion was introduced by Coumissioner Plummer, who moved its adoption: M TION NO. 78--176 A If7IICC AUTHORIZING AND DIRECTING THE CITY MANAGER TO S - ULE AN EMPLOYEE ELECTION FOR THE PURPOSE OF =MINING EMPIAYE REPRESENTATION PURSUANT TO A P . E . R . C . ORDER; SUCH ELECI.TON TO BE HELD NO LATER THAN THE 11TH OF APRIL, 1978. Upon being seconded adopted by the following AYES: Mr. Plummer, Mrs. NOES: None. ABSENT; Mr. Reboso. IN by Commissioner Gordon, the notion was passed and vote: Gordon, Rev. Gibson and Mayor Ferre. 62-63 MAR 91978 34. M tSi4 TN CONNEM2414/111 A I AL OP POLICE RECOVDS MIMI= t . Plummer: W. Mir, I have two it ris, 1 hope these will be viol, tt. Oassie, it has been brought to ty attention, and 1 don't want t to get into the middle of a hassle tench hs§ etisted in the past, but it has been brought to my attentions by one of the newspaper reporters that it is ncrw impossible to get pub- I�e record$ out of the Police Depart tt an the weekends. Ndo, I would irate to see this thing return to the posture of all of the media calling the Commission and the Mayor trying to get information on the weekends, It is my understanding that the P.I. Office mates 24 hours a day, seven days a week and it would be t hope, and 1 think that of the Commission and your's that public records be made available to the media on weekends as well as any other day. Whether or not that takes a resolution of this Commission or a notion of this Commission, all I'm say- ing is that I thick under the law (1) You've got to do it arid (2) as father says what's right, I think it should be done. Now you take it from there. to you need a motion of this Commission? ... Well fine. All I'm saying is I think that if, in fact, this is a stumbling block that, in fact, the law should be caviled with. Ok? Well, obviously it's not. 3S. DESIGNATING MARCUS KOHLY AS COMMISSIONER J. L. PLUMMER'S REPRESENTATIVE TO THE SISTER CITIES' PROGRAM TO BE HELD IN THE CITY OF HIALEAH; PROVIDING FOR PAYMENT OF REGISTRATION FEES. Mr. Plummer: I would like to make a motion, I would like to designate Mr. Marcus Kohly as my representative this weekend to attend the seminar of the Sister City Program in which he will have to venture a great distance to the City of Hialeah but there is a registration fee involved and I make a motion that he be so designated. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-177 A MOTION DESIGNATING MR. MARCUS KOHLY AS COMMISSIONER J. L. PLUMMER JR.'S REPRESENTATIVE TO THE SISTER CITIES PROGRAM IN THE CITY OF HIALEAH AND DIRECTING THE CITY ADMINISTRATION TO MAKE PROVISION FOR PAYMENT OF REGIS- TRATION FEES. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso. 36. INQUIRY AS 10 THE STATUS OF 1HE AUDIT OF DAY CARE CE�VTE.RS . Mrs. Gordon: Mr. Grassie, several weeks ago on a certain historical Monday there was a raid on the Day Care Center records for the purpose of an audit of that department's activities. I haven't heard any results of that day's activities and subsequent actions by your department and I want to know where are we. Mr. Grassie: I received an update report two days ago, Commissioner. We have four people working on that audit right now, they have not completed it. They have found more record review necessary than they anticipated initially but I feel sure that within the next ten days that they will complete that task. Mrs. Gordon: It would take another ten days? Mr. Grassie: More or less. Mrs. Gordon: All right, then I can anticipate that we will have, can I have the kind of an update to this point that you referred to that you received? Is that out of order for us to have that? 4 MAR 91978 ■ Me, Grassie. 146, hot at all but the up date is what Vve just told you, Basic., ally what they've told Me la how many people we have, how far along they are and Within what period of titre they anticipate being done. Mrs, Gordon: May 1 have a eopy of whatever information you may have to this mot., eht ih tiMG as to what their findings are/ tk/ Do you uhderstand what 1 mean/ Mr. Craseie: Yes, but they haven't made findings at this point. The up date that I'm talking about is how far along they are its the process. Mrs, Gordon: Well, how far along in the process are they/ How far along are they/ Mr, Grassie: They are within ten days of being completed. Mr. Plummer: Mr. Grassie, 1 think really what I would like to say is that 1 would feel comfortable leaving here that the Minute that that audit, investigation, whatever you wish to call it is completed that you will put a copy in our hands the same day that it is completed. Mr. Grassie: As soon as I get it you will get it. Mr. Plummer: That's fair. 37. CITY COMMISSION COMMENDATION OF MR. CLARK MERRILL'S SUCCESSFUL EFFORTS IN PUTTING TOGETHER INFORMATIONAL FACT SHEETS IN CONNECTION WITH THE RAPID TRANSIT AND STORM SEWER BOND ISSUE ELECTION. Mayor Ferre: Before we adjourn, I would like to publicly commend, and perhaps you might want to make a motion, Clark Merrill really did a tremendous job, he and his staff to get the story across for this recent bond issue for water drainage and what have you. You know he really carried most of the burden. I remember one Sunday he went over to WMEM and he was working evenings and during weekends and much beyond his call of duty and 40 hours that he has to work and i really think we owe a debt of gratitude to Clark Merrill and I would like to recognize him. Mr. Plummer: I will so move, Mr. Mayor, also I would like to include into that, Mr. Mayor, that Mr. Merrill on many occasions has traveled to Tallahassee in the areas of legislation and the Florida League of Cities and he has always done an excellent job in representation for this city and on behalf of the administration. He has done an excellent job in my estimation, given any set task to do he has always done it in a very fine job. Mrs. Gordon: I want to say the same thing from my observations, I hope you don't ask for a raise tomorrow - oh go ahead, ask for it - but he has, he comes over very very pleasant and very cooperative and really makes points that are a credit to us as Commissioners. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-178 A MOTION COMMENDING THE EFFORTS OF MR. CLARK MERRIL IN PUTTING TOGETHER INFORMATION FACT SHEETS FOR THE CITIZENRY OF MIAMI CONCERNING THE IMPORTANCE OF RAPID TRANSIT AND THE STORM SEWER BOND ISSUE AND DIRECTING THE PUBLICITY DEPARTMENT TO POUT THIS IN SUITABLE RESOLUTION FORM FOR FORMAL PRESENTATION. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: CGmmissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None. ABSENT: Commissioner Manolo Reboso, Mayor Ferre; I would instruct the Clerk and the Publicity Department to put this in the proper format so that it can be appropriately signed and he can either put it in his scrap book or on the wail or wherever he wants it. 65 MAR 91978 There being tit) further business tO Wile before the City Commissions the meeting vas adjairned at 4:30 O'Clcick P.M. ATTEST: RettPit G. Onga tITY ottik titglgTIAT4ITy_crn 66 Mettetiee A. refute MAYOR Titg t‘rat MAR 9 1978 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • CITV OF M!Ai4/I DOCUMENT IND DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT ACCEPTING THE COMPLETED WORK PERFORMED BY A.M. & J CORPORATION AT A TOTAL COST OF $225,184.00 FOR NORTHERN DRAINAGE PROJECT E-40 ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS PAVING COMPANY, INC. AT A TOTAL COST OF $49,289.27 ACCEPTING THE COMPLETED WORK PERFORMED BY OBENOUR ROOF- ING SHEET METAL & SUPPLY COMPANY AT A TOTAL COST OF $5,378.20 ACCEPTING THE PLAT ENTITLED BELLA BAHIA SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED EDGEWATER AMENDED PLAT, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED BEGONIA VILLAS SECTION TWO, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED BEGONIA VILLAS, A SUBDIVI- SION IN THE CITY OF MIAMI DISCONTINUING THE AUTHORITY TO ACQUIRE EQUIPMENT ITEMS FROM MOTOROLA COMMUNICATIONS AND ELECI10NICS, INC. UNDER RESOLUTION NOS. 41100 AND 42446 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR NECESSARY LEGAL SERVICES, (A COPY OF WHICH IS ATTACHED HERETO) WITH THE LAW FIRM OF BRYANT, FRANSON, MILLER, OLIVE, BRANT AND RYAN. CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANA- GER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR GUARD SERVICE IN CONNECTION WITH THE TRADE FAIR OF THE AMERICAS WITH INTERNATIONAL PATROL AND DETECTIVE AGENCY, INC. ACCEPTING THE BID OF G00DWIN, INC. IN THE AMOUNT OF $1,595.361,25 CONCERNING THE CANVASSING OF THE RETURNS OF THE SPECIAL BOND FJ,ECTION HELD MARCH 7, 1978 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF S.W, 23RD AVENUE SANITARY SEWER IMPROVEMENT SR-5332-C STRONGLY URGING THE DEFEAT OF THE PROPOSAL BEFORE THE FLORIDA CONSTITUTIONAL REVISION COMMITTEE TO ELIMINATE THE APPLICATION OF THE DOCTRINE OF MUNICIPAL SOVEREIGN IMMUNITY MGC 1 1NG Wf/A / Ei March 9, 1978 COMMISSION ACTION. R-78-156 R-78-157 RETRIEVAL CODE NO. 0038 78-156 78-157 R-78-158 78-158 R-78-159 78-159 R-78-160 78-160 R-78-161 78-161 R-78-162 78-162 R-78-164 R-78-166 78-164 78-166 R-78-167 78-167 R-78-168 78-168 R-78-171 78-171 R-78-173 78-173 R-78-175 78-175