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HomeMy WebLinkAboutCC 1978-03-23 Minutes• Y OF MIAMI 1NCOKP_ORATE 18i96 ISSION TES OF WING HEM ON LIAR 2 3197 PREPARED BY ' HE OFFICE OF THE CITY CLERK CITY HALL RALPH GI ONGIE CITY CLERK Rl11polliNg1P111 • 1;: IND c-PRIaMRtaa ITEM NO, SUBJECT 1. 2. 3. 4. 5. 6. i FORMAL INTRODUCTION OF NEW CHIEF OF POLICE. PERSONAL APPEARANCE: Consul General of Peru ,'PPROVE MINUTES t=OR February 9 and February 23, 1978 CITY COMMISSION MEETINGS. PRESENTATION OF MIAMI RIVERFRONT DEVELOPMENT PLAN. PRESENTATION Of" ADMINISTRATION BUILDING -DESIGN PERSONAL APPEARANCE: Baseball Team from ECUADOR. 7. STATUS REPORT: NON -UNIFORM BARGAINING UNIT. (DISCUSSED AND TEMPORARILY DEFERRED). REPORT on DAY CARE (DISCUSSED AND TEMPORARILY DEFERRED 9. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS 10. REQUEST FOR WAIVER OF RENTAL FEES OF MARINE STADIUM PARKING LOT for EOYSTOWN CARNIVAL. 11. PERSONAL APPEARANCE: Athalie Range regarding AFRICAN SQUARE PARK. 12. SEMI-ANNUAL PUBLIC ,BLARING: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. 13. REPORT ON DAY CARE. (CONTINUED). 14. CONTINUED DISCUSSION: STATUS REPORT ON NON -UNIFORM 5- BARGINING UNIT.(TEMP. DEFERRED) dP 14.1 CERTIFICATE OF APPRECIATION PRESENTED TO: SRA. DELIA DE VILLAR. 15. 16. 17. 18. 19, 20. EMERGENCY ORDINANCE: AMEND ORD. 8689 - 3RD YR. COMM. DEVELOPMENT FUNDS - DELETE TENANT EDUCATION ASSOC. OF MIAMI (COCONUT GROVE) AND SUBSITUTE Coconut Grove Graphic Arts Program. ACCEPT PLAT: STIRRU? GROVE SUBDIVISION NO. 1. ACCEPT PLAT; STIRRUP GROVE SUBDIVISION NO, 2, CHANGE NAME OF Begonia Villas Section 2 to Begonia Villas Section 1. CONSIDERATION OF AGREEMENT with Equitahle Life Assurance Society for ADMIINISTRATIVE CLAIM SERVICE for GROUP HEALTH INSURANCE.(DISCUSSED AND TEMPORARILY DEFERRED). AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH COCONUT GROVE GRAPHIC ARTS PROGRAM, Page 1 of 4 MOT. 78-187 MOT. 78-188 MOT. 78-189 RES. 78-190 DISCUSSION ORD. 8778 RES. 78,191 RES, 78,192 RES, 78,193 RES. 78-194 PAGE NO 2 3- 13 13 -19 19 20 -26 27 -31 31 32 -34 34 -43 44 44 -73-A 73-A-74 74 74 -76 76 -77 78 78 ..79 79 -81 81 -82 21. INDEX CI7Yjn� SSI8MAIR6 EXPRESS SUPPORT FOR CONTINUED OPERATION OF Youth Hall. 22. RESUME DISCUSSION ON STATUS REPORT - NON -UNIFORM EARCAINING UNIT. 23. 24. 25, ram► 26. 27. 28. 29. 30. 31. 32. 34. 35. 36. 37. GRANT REQUEST UPON PAYMENT OF FEES FOR USE OF CITY- OWNED FACILITIES FOR DR. MARTIN LUTHER KING'S MEMORY OBSERVANCE. RESUME DISCUSSION OF CONSIDERATION OF AGREEMENT WITH EQUITAELE LIFE ASSURANCE SOCIETY FOR ADMINISTRATIVE CLAIM SERVICE FOR GROUP HEALTH INSURANCE. (TEMPORARILY DEFERRED). ACCEPT BID: ACCEPT BID: ACCEPT BID: ACCEPT ACCEPT ACCEPT BID: BID: BID: ACCEPT BID: ACCEPT BID: ACCEPT BID: MANOR SANITARY SEWER IMPROVEMENT - SR-5437 - C. ADMINISTRATION BUILDING FOUNDATION. SOUTH GROVE BICYCLE PATH MODIFICATION. PHOTOGRAPHIC SUPPLIES - CITY-WIDE OFFICE EQUIPMENT FOR PARKS DEPARTMENT 500 REFUSE TOTE CONTAINERS. COMP -SET- 500 PHOTOTYPESETTER. STRUCTURAL REPAIRS - ORANGE BOWL STADIUM. VIRGINIA KEY RUBBISH PIT CLOSING - PHASE I ACCEPT BID: CENTRAL MIAMI PARK SECOND READING ORDINANCE: Amend Sect. 39-20 CITY CODE TAX ON ADMINISSIONS TO ORANGE BOWL STADIUM SECOND READING ORDINANCE: Amend Chapter 37 of the City Code -OBSCENE LITERATURE, MUSIC, PRINTS, or PICTURES. EMERGENCY ORDINANCE: Amend Sect. I of Ord. 8731 (ANNUAL APPROP. ORD.) - INCREASE GENERAL FUND APPROP. FOR HUMAN RESOURCES TO FULFILL REQUIREMENTS OF CONSENT DECREE, 38. FIRST READING ORDINANCE: Amend Sections 1 & 5 - Ord. 8731 (ANNUAL APPROP. ORD.) - MAKE SEVERAL ADJ. FOR SIMPLIFICATION OF ACCOUNTING PROCEDURES. 39. • FIRST READING ORDINANCE: Amend Rule XIX, Sect. 3, . CIVIL SERVICE RULES AND REGULATIONS . Provide Sanita- tion Employees with Accural and Compensation for uns.ed sick leave. Page 2 of 4 MOT: 78-195 MOT. 78-196 MOT. 78-197 MOT. 78-198 RES. 78-199 RES. 78-200 RES. 78-201 MOT. 78-201A RES. RES. RES. RES. RES. RES. 78-202 78-203 78-204 78-205 78-206 78-207 RES. 78-208 ORD. 8779 ORD. 8780 ORD. 8781 ORD, 1st Read. ORD. 1st Read. PAS NO. 82 - 83 83 - 85 86- 88 8g - 95 96 t, 98- I00 100 101 101 102 102 -103 103 104 105 106 107 108 109 49. PROVIDE FOR ISSUANCE OF $15,000,000 STORM SEWER IMPROVEMENT BONDS. APPROVE ONE-YEAR EXTENSION OF EMPLOYMENT - JUAN PEREZ CI' INDEX FARB Page 3 of 4 40. FIRST READING ORDINANCE: Amend Section 39.4_ by substituting new Section 39.g of City Code renaming these activities "CHILDREN"S CREATIVE EXPERIENCE PROGRAMS,' 41. FIRST READING ORDINANCE: Amend Section 39-24 of the City Code relating to changes for parking on City- Owned Parking Lots at the ORANGE BOWL STADIUM. 42. ACCEPT COMPLETED WORK: ADMINISTRATION BUILDING - Building Demolition. 43. ACCEPT COMPLETED WORK: WYNDWOOD PAVING PROJECT. 44. ACCEPT COMPLETED WORK: Convention Center - Buildings Demolition - Third Bidding. 45. AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING - OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - "Hammock Sanitary Sewer Improvement" - SR-5411, C & S. 46. ACCEPT DEED: For Improvement of N.W. 28th Street from N.W. l7th to 27th Avenue. 47. _ ACCEPT PLAT: MILIAN TRACT. 48. ESTABLISH GREEN FEES FOR MIAMI WOMEN'S GOLF ASSOCIATI 50. 51. a EXTEND AGREEMENT ON A MONTH -TO -MONTH BASIS CITY AND MALL TRANSPORT, INC. - COMPLEMENTARY SHUTTLE TRAM SERVICE IN DOWNTTOWN MIAMI TO NEW WORLD CENTER/ BICENTENNIAL PARK. 52. AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT PROFES. SIONAL ARCHITECTURAL SERVICES - REMOVAL OF ARCHITEC- TURAL BARRIERS FROM TWO CITY POOLS (CURTIS PARK POOL AND MORNINGSIDE POOL. 53. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH MORTY FREEDMAN - CONSULTING SERVICES - CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL. 54. AUTHORIZE $20,000 FROM SPECIAL PROGRAMS AND ACCOUNTS PROFESSIONAL SERVICES TOUCHE-ROSS & CO. - "TWO-TIER FORM OF GOVERNMENT." 55, 56. 57, 58. 59, O, CLAIM SETTLEMENT; JENNIE R, PARRISH. CLAIM SETTLEMENT; SHIRLEY JACKSON APPOINTMENTS TO CITY OF MIAMI BEAUTIFICATION COMMITTEE DISCUSSION OF POSSIBLE CREATION OF CITY OF MIAMI 'ATERFRONT DEVELOPMENT AUTHORITY, CHANGE DATES OF SCHEDULED CITY COMMISSION MEETINGS FOR MONTH OF APRIL, BRIE; DISCUSSION; CITY -OWNED MARINA FACILITIES. ORD. 1st Read RES. 78-209 RES. 78-210 RES. 78-211 RES. 78-212 RES. 78-213 RES. 78-214 RES. 78-215 RES. 78-216 RES. 78-217 RES. 78-218 RES. 78-219 RES. 78.22Q RES, 78.221 RES. 78.222 RES. 78.223 MOT, 78-,224 PAGE NO, 110.. 111 114 116 - 117 117 - 118 119 - 120 121 122 123 124 125 125 * 128 128 . 129 129 - 130 IMX CIir?► STIOn rrintDRIl1A BEM KO, ti SUBJEC1 61. 8 PERSONAL APPEARANCE; LT, DON MARCH1 REGARDING APPROPRIATION TO HUMAN RESOURCES DEPARTMENT TO FULFILL REQUIREMENTS OF CONSENT DECREE, ADJOURNMENT ********************************* Page 4 of 4 R�so�ta+o °�, ** 13Q MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * On the 23rd day of March, 1978, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive. Miami, Florida it regular session, The meeting was ca.ied to order at 9:12 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Comm,; ...c,.c. k I. L. F t_'ur.Tnieh, J . Coomi4Aoiler Fobs. GC>hdo4 C�'tltr]• S i7nC'. (R;..'.) ThcodoAe G b6Gin Mario. c RcboC tia��o 4,z�t ��ce A. Fe.r•7e ALSO FRE�•ENT: JC•Sep . K. G`a b e, C',C.ty R. L. Fobmon, Absib taut George F. Ki:ex, City A :4a �.t:;t� G . 0,1g.i e, C.: t y `l t.tj }dl i�: i , ASbibtant An invocation WOS d—Lvcr.ed by then Zed tho..e prcbe►,t in a ptedge� iaaager, City Managers ttckney C'c dz City Ciekh Chie6 Kenneth Hanm.s, who o 6 aZZeg•iancc to .the 6Zag . -ORMAL INTRODUCTION OF NEW CHIEF OF POLICE, Mayor Ferre: Mr. Grassie, it you would introduce our new Chief to us and then we have the Consul General of Peru who is going to address us for a second. Mr. Grassie: Mr. Mayor and members of the City Commission, it is a real pleasure to be able formally to introduce to you, to present to you,the new Police Chief for the City of Miami. I know that you know Chief Kenneth Harms personally but I did want for him to come to the first meeting that we are holding since he has been chief for the City and to say a word or two to you. Chief Kenneth Harms: In December of 1959 I took with great pride the oath of office of a police officer of the City of Miami. Almost ninteen years later I stand before you with that same pride. I am honored to accept the responsibilit- ies of leading one of the finest police agencies in the country. Mr. Mayor and Honorable Members of the City Commission, we live in challenging times. Our citi- zens though diverse in heritage are unified in spirit, the kind of spirit which calls for recognition and participation. As Police Chief of this great city I understand this need and pledge to you that it shall be fulfilled. As we look across this nation we see citizens with terrible uncertainties about the respon- siveness of their governments. Police Officers are the most visible representa- tives of government. Our dedication, professionalism and sensitivity to the needs of this community will not only enhance the image of our Police Department but will add to the credibility of the government we serve. In the coming months and years we might at times differ but occasional differences in point of view are the foundation of progress and almost always preceeds accomplishment. I shall never wane from my commitment to the citizens of this community, collectively we will realize our potential for greatness. I invite your counsel and wisdom in creating an exciting future with the Miami Police Department, our City and most importantly, the community we serve. Thank you. Mayor Ferre: Thank you very much, Chief. Again, Chief, congratulations and I am sure everyone here wishes you ana wishes us the very best. MAR 2319 8 2, PERSONAL APPEARANCE: CONSUL GENERAL OF PERU, Mayor Ferre: At this time I'd like to recognize the Consul General of Petu, Mr. Julio Balbuena who is going to address the Commission for a moment. M. Julio Balbuena: Good morning. First of all I would like to thank Mayot Fette for giving me the opportunity to address all of you. The reason of my visit here is to invite you to join Mr. Ferre and Mrs. Ferre in a trip to Lima. As you may know, Mr. and Mrs. Ferre have been invited to visit the City of Lima as guests of honor. We are going to depart from Miami the loth of April to the 17th of April, In Lima M. Ferre is going to sign a Sister City Agreement between the two cities. Mr. Ferre is going to travel with a group of financing and banking world of Miami and we are going to have a very heavy program with officials from Lima. After being in Lima we're going to be three days in Cuzco, Capital City of the incas and then in Arequipa for two days. So I have the honor and the pleasure to invite all of your commissioners to join Mr. and Mrs. Ferre on this trip to Lima, Peru. Thank you. Mayor Ferre: I'd like to point out that as you may recall, the Mayor of Lima came here as our guests, I guess it was in December. Mr, Balbuena: It was the 13th of December. Mayor Ferre: And we, of course, put on a reception for him and he was our honored guest here for a few days. I think you all met him as I recall and they are recip- rocating and inviting all of us. As you might remember, we passed a resolution naming Lima a Sister City and, therefore, we're going down there and they're going to name us a Sister City. We will be leaving, the flight leaves at midnight, Sunday night? Balbuena: No, the night of the 9th, the morning of the loth of April. Mayor Ferre: I leaves, I guess is it 1:00 O'Clock in the morning? Mr. Balbuena: Exactly, yes. Mayor Ferre: That's Sunday night, Monday morning at 1:00. And we will be there for exactly six days. So any of you, if you would like, you and your respective husbands and wives would like to come all the arrangements have been made. Thank you very much. Mr. Balbuena: You will be most welcome. Mrs. Gordon: I would just like to tell the Consul I was in Lima in 72 and it was the most enjoyable time in my life. Mr. Balbuena: Thank you very much, I'm very happy you enjoyed your visit there. Mrs. Gordon: It's a beautiful place to be. Cuzco and Machu Picchu is like being in heaven. Mr. Balbuena: I'm delighted to know you like it. It is time to come back, maybe. Mrs. Gordon: I doubt if I can make it, it is too short notice for us but I hope someday I can go back to Lima, it is a beautiful place to visit. S, APPROVE MINUTES FOR FEBRUARY 9 AND FEBRUARY 23, 1978 - CITY COMMISSION MEETINGS, Mayor Ferre: Now on the reading of the minutes, how far are we behind now, Mr. Clerk? Mars. Gordon: We have two sets for approval now. Mx. ongie: I sent the minutes for the month of February, the meeting of the 9th and the meeting of the 23rd. Mayor Ferre: We have the 9th and the 23rd. All right, are there any motions to approve the minutes of February 9th and 23rd? Thereupon on motion of commissioner Gordon and seconded by Commissioner Gibson the minutes of February 9th and February 23rd were approved by a unanimous vote, 2 MAR 23 1978 Mayor Fetre: Now we are behind then in the meeting of March? Mr. Ongie: Only March 9th. Mrs. Gordon: May I express my appreciation to the Clerks, Mr. Mayor, on the record for getting this job done even though it was a great burden to theth because it is extremely helpful to us to have current minutes so we may refer to previous actions that are still before us and in these two sets that you gave us there actions, in fact, today that we are going to be ruling on. Thank you. Mayor Ferre: I would like to ask Mr. Clerk, if you would schedule for a future Commission Meeting for discussion as the first item the change of the procedure that we have on minutes. I think it is absurd for the City of Miami to be unique in this community of taking verbatim minutes that cost us literally thousands and thousands and thousarr.s of dollars and if any specific minute needs to be recorded we have tape recordings cf them and at the request of any member of the Commission they can be put onto paper in black and white but I think we should do like Metro- politain bade County, Miami Beach, Coral Gables, Hialeah, Fort Lauderdale and most of the other municipalities in the State who do not take verbatim minutes. We have tapes that are on record that can be transcribed at any time but the expense that we go through in transcribing verbatim minutes is just in my opinion totally unwarranted, uncalled for, exaggerated and unnecessary. Now since we're not going to get into a discussion of it at this time I would just like to request that you put it on the agenda for discussion wita your recommendations, if you would please to this Commission and I would also like the Law Department's recommendation and the administration's recommendation. Perhaps the three of you can get together or do it separately, I don't care. We would like your recommendations as to what /*standard operating procedures are in other local governments and what you recommend as an efficient and effective way of keeping our minutes together. 4, PRESENTATION OF MIAMI RIVERFRONT DEVELOPMENT PLAN, Mayor Ferre: Take up Item "B". Mr. Fosmoen: Mr. Mayor and members of the Commission, we would like to take a few minutes to bring you up to date on the progress in preparing development plans for the Miami River. You might recall several months ago we made a presentation to you on the preliminary findings for preparing development plans along the Miami River. Mr. Boris Dramov with Wallace, McHarg, Roberts and Todd is here to give you some final recommendations. After this meeting with the Commission and receiving your comments we intent to begin holding developer's seminars so we can proceed .ith specifically the "Specialty Center Project" during this coming fiscal year. Boris? Mr. Boris Dramov: Thank you very much. Before I begin, there have been a whole number of people involved in this who I would like to mention. Of course, Dick Fosmoen who introduced me, the Assistant City Manager, was the project director for this study. Dena Spillman, the Community Development Coordinator from the Office of Community Development, Jim Connolly and John Gilchrist, the project man- agers for some of the special projects for the City, Donna Sorkin and David Black, Planners for the City of Miami. In addition from Dade County, Chuck Shannon and Don Kirk from the Housing and Urban Development Office and Sergio Pereira and Ernie Martin from the Community Development Office. In addition to that there have been several groups that have been involved in reviewing some of our progress along the way and in participating in workshop sessions. The Downtown Development Authorit}, Roy Kinsey, Pete Andolino, Kitty Roedel, the Greater Miami Chamber of Commerce, particularly Mr. Martin Fine and David Blumberg provided us with some expert expertise and assistance in this study. The Little Havana Development Authority, Mr. Willie Gort and t:r. Raul Alvarez, the Latin Chamber Mr. Luis Sabines and many others; the Marine Council, Mr. Dick Briggs and many other members of the Marine Council, the Marine Extension Agent, the Agricultural Extension Agent and the Miami River Restoration Board. In addition from our staff Dr. David A. Wallace, was the principle, my name is Boris Dramov as you know and I was the associate partner and project director and in the audience is John Fernsler and Monty Fisher, some of the planners that worked on the study. What I'd like to do, because some of the maps are a little bit small, is to quickly run through what the basic recom- mendations are with the lights on and then go through some of the details and the process that we went through with slides. Basically the study objectives were to undertake a market and financial analysis of a special retail' -entertainment complex, The second objective was to analyze a number of development opportunity areas along the river and to recommend a proposed site for the "Specialty Center", The third c,jective was to prepare an overall land -use concept plan illustrating the develop. ;neat poten;ial of the r+verfront including for the "Specialty Center" and for ether _ 3 MAR 2 31978 u4es, tourist, hotel, Marine commercial and so on. Last time when we discussed I ,gave you a brief introduction to the market analysis but let me repeat it agaih here. Basically what we found is that the market could support a 67,000 square foot gross leasable area center to 1980 growing to 85,000 square feet to 1985. Thqopen space.requirementsaddition ateleast 050,000s square feeteofwopen Thertotaltlandslwouldbe squarerequireapproximately 81 acres. The content of the Specialty Center we're recommending should be primar- ily oriented towards restaurants and eating establishments. Forty percent of the gross leasable area would be in these uses: 15% would be in apparel stores and the remaining 45% in specialty shops. The theme of the Specialty center We recom= mend should be based on Miami's unique climate and culture and the specific nat,- ure of the riverfront setting. After analyzing six development opportunity areas, and again I'll get into this in detail with the slides, we recommend that the pro- posed Specialty Center be located just north of the Flagler Street Bridge directly across from Lummus Park and the Government Center beyond, directly across the river. ..... This is an 81 acre site directly north of the Flagler Street Bridge. This area provided 740 linear feet of riverfront and had adequate room between the official channel line of the river and the shoreline to provide recreational boat storage along the waterfront. In addition, the views from this area are to the downtown skyline and to the Lummus Park waterfront area across the way. It is an accessible site by both auto and it has potential linkages to the Government Center as I mentioned across the river through Lummus Park, the proposed Latin Riverfront Park directly south of it as well as other areas on the river and one of the recommendations for it is to undertake and develop some sort of waterborne transit along the riverfront. In addition, this area provides,or the development of this center in this area provides, an excellent multiplier effect for the revital- ization of the surrounding neighborhood and the riverfront. The project has to be undertaken as a joint public -private project. The public would have to provide assistance in land assembly and site preparation and then we recommended the laid be leased to a private developer to build and operate the center. A minimum lease payment would be paid to the city from the developer and this would be based on the success of the Specialty Center, as the Specialty Center improves the lease payment would grow along with it. In addition, one of the main factors that we wanted to undertake in the financial analysis of the center is that the equity investment of the developer be adequate to attract a quality devel- oper to this area and, in fact, also to have the initial equity be small enough to allow both local developers as well as national developers to undertake the project. The total project cost is about 91 million. The site preparation and land assembly cost is about 41 million. The development cost of the final center, the construc- tion cost of the final center would be about 5 million. Potential funding sources for the public would come from the Economic Development Administration and Commun- ity Development Block Grants and a variety of other sources including tax incre- ment financing which would be based on the increased evaluation of the property in this area. We estimate that 22% return on initial equity investment would be to the private sector and approximately $120,000 in annual lease payments to the City in addition to the tax increment developed from the site. The public bene- fits for undertaking the project we feel are as follows: The project will be a catalyst to the revitalization of the surrounding neighborhood and the riverfront; a new kind of entertainment and shopping experience not currently found elsewhere in South Florida will be created. New jobs will be created not only after com- pletion but on an interim basis during the construction phase as well. The devel- opment of the Specialty Center will increase revenues from its property taxes to the city and county and in addition sales tax revenues will increase to the state which will indirectly benefit the City of Miami. Shoppers attracted to the Spec- ialty Center will patronize other facilities in adjacent areas especially in down- town and Little Havana. The development of this and other tourist attractions will increase tourist stay and tourist expenditures in the Miami area. The ex- tended hours will help to bring activity to the riverfront and the downtown area both in evenings and on weekends. As Dick Fosmoen has already started to mention the next steps that have to be undertaken is to hold a developer's seminar and seminars with the existing property owners to see the kind of interest which can be developed. However, if this project can be undertaken through a redevelopment process and the steps for that process are as follows: Presently the redevelop- ment powers are vested in the county. Either the City has to make a contractual agreement with the county to undertake the project or ask the county to delegate its redevelopment powers to the city. The redevelopment process usually is under- taken as follows; First a statement of finding of necessity must be prepared and adopted by resolution of the community redevelopment area and then the prepar- ation and adoption of a community redevelopment plan in conformance with the re- quirements of the state act. Mayor Ferree gxcuse me, Boris, but 1 think there is a point of confusion here. _I think that you should point out that that has to be passed by the county. Mr. Dramov: Yes, as it presently stands... Mayor Ferre: Unless you say it we don't know it you see. You have to point out as in page five of your report this is a county action not a city action so What we're doing now is all very nice and well and good, it's all preliminary, we have to go to the county with this. Mr. Dramov: That's true. Once a Community Redevelopment is adopted land assembly can be initiated... Mayor Ferre: Excuse me, adopted by who? Mr. Dramov: By the county. Mrs. Gordon: Well, is there a choice in that? Mr. Dramov: Yes, well in a sense there is a choice. The county can delegate its redevelopment powers to the city but as it presently stands, Mr. Mayor, you are right the county would have to undertake the process and would have to adopt a Community Redevelopment Plan. Mayor Ferre: So, Boris, I guess what I'm saying and then later on we'll get into it is step number one as you point out is we've got to go to the county and say, "Ok, fellows, here's what we want to do now either let us proceed with it or you proceed with it". Mr. Dramov: Exactly. And when the land is assembled a competitive negotiation with developers can be undertaken and a developer selected who will build the '`center and operate it under specific guidelihes developed through the process. Mrs. Gordon: Where in your report would I find the information that you stated about the 9.5 million and the 4.5 million, the 5 million for construction and the 22% equity, etc.? What page is that on? Mr. Dramov: It's on page 3 in summary and then if you want to go to the full de- tail of it is on ... Mayor Ferre: It's not numbered unfortunately and that's a rather difficult thing. On small stuff, Boris, for future reference, please two things: Would you number the pages and two would you put the maps in here? I don't mind reading about it in the Miami Herald but I think it would be nice if they were included into these drawings. Mr. Dramov: We'll do that. On the financial analysis section which is towards .the end of the report, page 25 is what it would be if it were numbered, it's not. Page 23 and 24 are numbered, just 25 is not. Ok. In addition to dealing with the specific Specialty Center Project, we were asked to identify potential land uses for some of the other development opportunity areas including for hotel, residential and marina development. John, you can point to some of the other areas that have been identified. One of the major recommendations in this area is that in order to preserve the development opportunities for the areas in close proximity to the James L. Knight City,of Miami Conference Center that a different alternative to the one that is presently proposed for the South Miami Avenue Bridge croossing needs to be adopted and I'll go.into that in greater detail when I show the slides. Those projects, some of these projects,may not require any public action and some of these projects may require some public action in order to be undertaken. I'd like to get into the slides now unless there are some questions at this point. Mrs, Gordon: Just one question, and it struck me as being a pretty let's say gener- ous figures to anticipate that the equity returns be 22%. What made you come up with that figure? Mr. Dramov: Well, we felt that in order to get, it is a very important aspect of a Specialty Center that we get the highest quality development because, in fact, because of its recreational and entertainment orientation that we want to have that kind of development and we need to have that kind of development in order to make it successful. and in order to get developers' interest, sufficient developer interest to allow us to select or to allow you to select a potential developer. We wanted to keep return in equity investment attractive enough to future devel- opers, Mrs. Gordon: Well, on the other hand in what manner are we going to proceed to receive interest from developers? Won't that be on a bid process? _ �_ MAR 9 3 1978 Mr. Dramov: Yes, ma'am. Mts. Gordon: Suppose you have a good developer who is willing to take a 15% re= t•.:rt: you know so that the investment return to the city might be greater than what you outlined, that process is not going to be eliminated. Mr. Dramov: Of course, no, that's subject to negotiation, the specific negotia- tions that would be undertaken once the land is assembled and developer interest has been solicited officially. Mayor Ferre: We have to assemble the land first, At this point the City of Miatni has zero money into it. Mr. Dramov: You nave committed $900,000 of Community Development Funds for the development of a "Specialty Center". Mayor Ferre: Has that money been spent is what I'm saying? Mr. Dramov: No. Mayor Ferre: So at this point I repeat the City of Miami has zero money into it and if we were to get approval from the county to proceed, and we would be the agency that could proceed, then we would start putting together the land and com- ing up with a plan and then putting it out for bids. So the answer to Mrs. Gordon as this is all a bid procedure that will come in the future if we get through steps 1, 2 and 3. Dramov: Exactly. mayor :erre: And I might point out if you read this report there are several things �r. the financing package, one of them is the question of tax increment which is utilized to raise a million dollars. So a million dollars is raised through a tax plan which is now legal, provided, however, that we are earmarked as a develop- ment, what is it called? Mr. Dramov: A Community Redevelopment Area. Mayor Ferre: A Community Redevelopment Area and the county has to do that and has to point a finger at us to do that. The other aspects of it, of course, are that the developer may have a different vision of what it is that should go on this property so, therefore, all these things I think are subject to future bid procedures and then negotiation. Mr. Dramov: Yes, sir. Mayor Ferre: Boris, before we go along I do have one question and it is just a personal observation. I realize that your's is purely a role of recommendation and it's not binding, I want to respectfully disagree with your idea about the people mover and the way you've placed it and I want to, these things all have to be weighed with the practical aspects of it. The practical aspects are, these are things you really have to take into consideration, and unless you talk to the people that are involved, and perhaps you have, have you talked to Mass Mutual? Mr. Dramov: No, I haven't. Mayor Ferre: See, so then you don't know what they're planning on Brickell Avenue which means the Flagship property and their own property, and did you talk to Roy Kinsey? Mr. Dramov: Yes, I did. Mayor Ferre: And to Mr. Grassie? Mr. Dramov: Not to Mr. Grassie. Mayor Ferre: Well, Mr. Grassie knows about this, The point I'm trying to make is that if you knew what Mass Mutual was thinking about of potentially doing in that area that might very well change your mind on where the People Mover should go because if, in fact, Mass Mutual does move, they have already as you know changed :he Sheraton it's now a Continental, they've now already said that they're going to spend $6,000,000 (I think that's public record) to improve the hotel, they wouldn't be doing that unless they were thinking of doing something else with the land that they own in front of the Four Ambassadors and since there is also some gip,. -,-ore �R -• MAR 2 3 1978 Movement across the street on 8th and Brickell and some movement over on Flagship that tight be very iMportant because one of the key things if Mass Mutual does become the lender to some of these projects is that they be tied together, there has to be some form of communication. If you put that people mover where you're putting it what you're doing in effect is getting away froth the drain bulk of where the money is going to be spent. So theoretically what I'm saying is itt theory what you're proposing might be correct but in the reality of it it May not be cor., rect. Mr. Dramov: Let Me respond for a moment on that. The people Mover is still going to undertake quite a bit of planning and basically what we wanted to do is to put in another alternative for consideration during that planning process. We have several reasons though for recommending it. One is that we felt that the cross- ing at the Brickell Avenue Bridge may be extremely difficult to achieve because of the proximity of the DuPont Plaza Hotel at that point to the river and the way in which, you know just the requirements of the crossing, so in anticipation of that we saic is there another alignment that could be undertaken and we're putting this into the planning hopper to be studied with the people mover. Mayor Ferre: Ok, very good. Mr. Draxaov: I'll get into the slides now and get into some of these aspects in greater detail. The part of the study as you remember was related to the market analysis, we expect markets for the Specialty Center to come primarily from an area within 20 miles of its location on the Miami River but also as far as 50 miles from this location which would be the equivalent of Boynton Beach or in Palm Beach County. There were six development opportunity areas that were first analyzed for this location and some of the factors that we looked at for example ,sere the location of existing utilities and the potential for land assembly, the existing publicly owned properties on the river and the potential for utilizing these, the land values in the area, the potential activity linkages between exist- ing activity centers and future development opportunity areas, and each one of those is expressed in terms of a walking distance right there; the present and future frame work of public investment to projects such as the Miami River Walk, the Downtown People Mover, the ,Tames L. Knight City of Miami Conference Center, the proposed Government Center which is now under construction. Our final recom- mendations in the illustrative concept plan show several major development opportun- ity areas in addition to the Specialty Center, and I'Il get into each one of these now in greater detail. The first, second and seventh and eighth development oppor- tunity area is located on both sides of the South Miami Avenue Bridge. Presently there are numerous parking lots in this area and under-utilized areas. The prim- ary factor in maintaining these future development opportunities, however, is com- ing up with a different alternative than the one presently proposed for the South Miami Avenue Bridge crossing. As you can see, what this alternative does is it doceplaces the existing South Miami Avenue Bridge with two new bridges. In doing _hat it cuts the property just to the east of South Miami Avenue in half and does not make it useful for much more than a park. In addition, the property in the southwest corner will not be able to be assembled at any future area. It also makes the presently assembled large property to the west of South Miami Avenue having a road coming through it. ... (INAUDIBLE). Mrs. Gordon: Maurice, if you want to make comments please do it on the mike so we can hear you. Mayor Ferre: I was just making a comment, Rose, that this is the so-called Chinese Wall that everybody talks about, is this the state's proposal or our proposal? Mr. Fosmoen: This is one of the alternatives that the state is looking at. Mayor Ferre: And this is what everybody is fighting to try to prevent, is that correct? Mx. Fosmoen: We're concerned about cutting the property up and, in fact, creating a wall along the river, yes, sir. Mayor Ferre: Yes, and this has been going on for what, two years now? Mr, Fosmoen; At least, Mayor Ferre; And it isn't being put through is it? I mean it's not being imple- mented a. this time? MX. Fosmoen; No, it's not. MAR 2 31978 Mayor Jerre: Because vi'u know that completely not only destroys the south hank but i': completely guts any future development of the property next to the City of M.ia:r,._ Convention C,_r.tot. Mr. Drarto; : eh at we are propo ng as a:.. ::her alternative to be studied by the _ cra:]sportation pan;leis i:, that instead of hulk irj a new bridge, an additional new bridge, av out Miami Avenue, that an additional bridge be built along with the Mass Rapid Transit right-of-way at the red line at that point. An additional bridge, that's the Second Avenue Bridge existing, this would be a new bridge at that Location in the Mass Rapid Transit Right-of-way and then once that new bridge is built then ter down the South Miami Avenue bridge and rebuild it. Basically what that would do is allow us to maintain and asseMble those large parcels and achieve these development opportunities or similar development opportunities in these areas. First let me orient you. Mrs. Gordon: Boris, please point to the existing bridge and your proposed new bridge. W;:at is that where you're pointing there? Mr, Dramov: That's the proposed new bridge. Mrs. Gordon: No, the street, avenue, whatever. Mr. Dramov: It's not a street, it's the railroad right-of-way, presently there is no bridge in that location. Ar_s. Gordon: I see, you want to put a bridge where the railroad was. Mr. Dramov: Right, in conjunction with the Mass Rapid Transit System which will bc gayr g overhead. A.r. . Gordon: Ail right, I understand. Mr. Dramov: Yes it is. Ok. The James L. Knight City of Miami Conference Center in the right and corner is about to begin construction. Next to it, the Bauder Fash..on College, the Fort Dallas Park adjacent to it and then next to that is what we call development opportunity area 1. We felt that if the problem with the bridges could be resolved and the existing 4th Street could be closed in that area and relocated adjacent to the I-95 expressway (John, point to that) a develop- ment parcel could be assembled which would be extremely attractive for a new hotel development project and work very well with both Fort Dallas Park and the James L. Knight Conference Center. In addition, the continuation of the Miami River Walk adjacent to the proposed development could occur. The second development opportunity area just west of the South Miami Avenue Bridge we felt was one of the few areas where a major marina development could occur because of the lack of large utility lines along the waterfront. A 145 to 160 boat marina could be located in this location and at the same time provide an amenity setting for future highrise high density residential projects in close proximity to the down- town area and taking advantage of the attractive waterfront setting in the area. Directly across from that we felt that if again the bridge crossing problem could be resolved that land could be assembled for an additional but moderate density residential project related to the Brickell area. The primary public action in these areas are the ones related to the street crossings and the closure of some of the existing streets rather than to any financial assistance in terms of land cost. Finally, the location on the other side we felt was ideally suited for an additional hotel development along with other residential and commercial projects. The next areas we analyzed were development opportunity areas three and four. Three is primarily owned by the Florida Power and Light Company and there is a vacant building presently there and area 4 just directly north of that. We felt that the future of the development opportunity in area 3 was primarily going to be related to what Florida Power and Light does in that area and, therefore, very little at this point has been proposed. Kr, L'rainov: The Florida Power and Light substation is directly adjacent to it. Area 4 we foit would be an ideal location for some additional commercial fishing Cock:: ie F.odizion to the ones which are presently provided by East Coast Fisheries and independent fishermen need some additional locations on the river, ,lust dir- ct_'' across from it we're showing the proposed Latin Riverfront Park. Finally in the area of the Specialty Center, area 6 and then, an additional development opportunity area 5 was looked at, We felt that if the North River Drive could be closed ad.acent to development opportunity area 5 which is near the present ack Orr Plaza elderly housing project that a large development. parcel could be essembled for future residential development. Presently that is a very dangerous 4110 intersection. That would be a new residential project. It does not exist now. Sure, please do. INAUDIBLE Mr. Dramov: It is proposed, A majority of the land has already been asseMbled by the City of Miami. Other portions of it are owned by the Florida Public Instruction and presently the City is working to finalize the land assembly in the middle. Mayor Ferre: ... which of the land is missing for us to, we're not too far from this, this is not too far from reality. I mean the other things are you know hopefully we'll be successful dreaming but they're dreaming. This is something that is coming close to reality after five years of hard work. No? What are you shaking your head about? It's not coming close? INAUDIBLE Mrs. Gordon: I didn't hear the end of your statement. Mayor Ferre: He said he thinks - he's the attorney - and he said that he thinks it will be defeated. Of course, he's the attorney for the property owner. UNIDENTIFIED PERSON: The judge turned it down ,..(INAUDIBLE) Mayor Ferre: When is that coming for discussion before the court? Mr. Fosmoen: I understand that a ruling is due by March 31st. Mayor Ferre: So it isn't that far away one way or the other. Mrs. Gordon: And where does it fall within the park area, Mr. Fosmoen? Is it in the center of it and how much of it is being contested? Of the park area of the whole park? Mayor Ferre: No. Her question is how many acres are being contested. Mrs. Gordon: Yes, and where they're located within the setting. Mr. Fosmoen: The back five acres and it's in the middle of that park area. The southern part underneath the expressway is leased to the Board of Public Instruction and then there is a city piece of property and then there's the Cox property and it's generally in the center of the part that we are in condemnation on now. Mayor Ferre: Mr. Fosmoen: Mayor Ferre: Mrs. Gordon: Mayor Ferre: the judge has that it? Isn't this the Cox property that we're talking about? Yes, Cox, Triton and Debuke. There are two owners of it. We own both ends but not the middle, is that correct? Have we presented our case in court, Mr. Knox? So in other words not heard all the testimony and what's left is for a ruling. Is Mr. Knox: Yes, sir. Mayor Ferre: What level of court is this in? Mr. Knox: This is in Circuit Court. Mayor Ferre: $o from here we would go where? Mr. Knox: We go to Third District Court of Appeal if necessary and then to the Supreme Court if necessary. Mayor Ferre: It would then go to the appellate level and then the Supreme Court of Florida. M. Knox: yes, sir. 9 Meyer lai_reoe..r. :,•,, eeee-oe: aer,11 eroe - Mayor iiLtt ITai-DV: JC•VeT01 ;'4C, the one recommended for the leeeeloe of ehe epeeieley Oeetel' is dreeela acrees from Taimmus Park. We felt th:e waa in co: ooetrity to 7Jhe Ooveeeneet Center, a source of market supeort 17or eae 3pecialey Ceeter eeo a shuttle boat across the Matti River Would 'ae part cf e'ele zeeuiremeee the -foture .ieveloper. The arrangement of the Spec- ialty Center reeemelenclee ie thet ohe major restaurants serve as magnets et eather eoa• kt:: the develoment, that oedesrriah promenades be maintained both `eeve: arlve whico weuId be closed to automobile traffic and along the ee-rfeer.: :eat spece be deeeloped ia the center and that adequate parking arovedea for zee eustoivera : the erea. Now I wanted to go through a series ce:Leeee from othee lcoetioe:. an6 different specialty centers and waterfronts to ahe,i ace e:ne kind of eeoeet7 that we're trying to develop here. First of all a eeehielee ceeeer is not a shoppine center it is a recreational and enter- toeerient ateroceaen ae(ra 7-eerefore, a sakbetantial amount of open space and amen- VO be provided. This is examples from the recently constructed Daniel CaiaI ire;' Xeea•.,ee which de aeeaueelle grossing about $350 a square foot in Boston aeae a jeaet pobifeeeprivate project beeween the City of Boston and the rie.TleS aeeee Cempaey, ehe eevelopere. T whole number of eating establishments woelf. ec develeeed ae well as places, for °hen air fruit markets, a number of act- it:-.. 17 hae ta lee well aceined and eeevide opportunities for a number of e:ss teeea oevaeteee of tne r:..veafroet seteina. ... Sure. These are in the E,eee aei:eeaeeLe ie e,e7a e ie -eeiee. This is in Porto Fino. This is :e Yeoioe, ie eee ,,eeeeeey eenaer or Diseey World. These are some of the .Oee eiees tl.eeee :eat cae he developed into specialty centers - ped- .e.erian -aeemeeadee rt.ae•J oe 7:O(, waterfroet euch as this one in Zurich. The loca- tier of reereeteenal beet, deeeetle adoaceer to these areas as well as providing eepaeeeetiee aoe aecee Le Tee, ri ee tee weteyfront; Connection to the ;tie Reverfeee Pere and tne eec ee:t edaes within tee park; the uee of shuttles ae-cos the- river eed weterheeee transit up and down the river and connecting Bis- cayne! 3ey; epee air malazet whech e7,eld be seasonal as well as throughout the year. :erdoe me? ... end flower markets as well. The use of adequate laneeeaine aeal ereaa::_ee pahlee 1;hazaa: potential for our major water feature encl. oeeerally areeelne eevivonment where people can meet and talk, play dominoes or cheaa, children can play which takes advantage of the views of the Miaini River and ehe eheracter c the rover with its existing freight and recreational boating and othee activities. Thank 'oa. I'd like to let the rest of it be up to questions and answees. aeicr Yerre: Weil, lethope that half of it comes true. If we could get that moch Tia be real eappy. theek you've get a magnificent idea. Are there any queetions from members 01 the commission? Comments? Mr. Pee:: No, the only thieg would like i to have a set of those plans if peeeihae. Dramov: Sure. aleyor Feere; I'd like to borrow them besides having a set so I could just put eaam en my offiec and lob.ae them carefully because you know you really have to look at them in detail to understand. Dramav: 1 1make those vailable to you. 'eere: All of them, l'd like to sec all of them. other point pereaps, the next step also is to produce the draw- ee, e 4elehed form aono with text and supporting financial information so we ,-)L1 nav sor.ethieq evaiieble to deveiopers. The foremat will be very aer-lar to thae ln ehe Comprehensive Plan, the fold up sheet that we can distribute eee ie ieveloper oceToeare. Xea. heo:ooe: : have Du.61: one comment, an it is a matter of philosophy with re - re: eee acee...e:tion of auhlic land and development by private developers. Teel:'s a eood mar -lee& aut the retrn oe the investment that is put into the land y zee oe'olic hae to he exectly t'ee Earc, as if it were private land and private Ie other worcia the Ciee doe- not, because the City is a conglomerate oi philosophy, Okay? taxpeyeie, sheale not reeeeve iese. That 1 10 MAR 2 3 1918 Mayor Ferre: There's no question about that and I'd like to add this cottttnent to that and that's just a matter of philosophy that I think we in this commission pretty well expressed. America is well known for its industrial ability, its ability to produce wheat and so many other things. One of the things Merida is hot known for is the beauty of its urban areas with few exceptions and for tote reason we haven't been able in this country in 200 years you know to do too Much as compared to other great centers throughout the world. I think we're beginning to try to see the need and Boston, for example, certainly is a great example, perhaps the best of a city realizing its need to take its old dilapi= dated waterfront and other run down areas and making beautiful economically via- ble areas. It will not be done by the private sector alone. Counselor, I know you're representing your client and I know that it is important to your client and he has the right as an American citizen and a taxpayer to demand that his property be used for whatever ;nears he wants to use it for but unfortunately that's good for an individual and he has that right but it's that type of sit- uation and thinking over the past 200 years that accounts totally for some of the monstrous conditions that are blighting our urban areas and I think, I'm not saying that the government is going to have to step in and supplant the private sector, I don't think that that's reasonable but I do think that wher- ever there are solutions being found I do not know of one single place where it has happened by the private sector alone, not one. I don't know of any whether it is San Francisco or Boston or Kansas City which is doing fantastic things, or New Orleans, you name it and it's got to be the government has initiated the process and the private sector does it. The private sector will not, has not and in my opinion never will do it and if we just close our eyes to it and let the private and the so-called free enterprise system and the free market situa- tion continue what you'll end up with is what we'Ve had and what we've had is a blight and the deteriorating properties that have very questionable use for % the public good. I think what we're trying to do here is deal with the public good in a constructive way so that we can move ahead and let the private sector develop it and make a reasonable profit and the City of Miami all it wants to do really is to be treated as Rose said fairly. I think if we can move with this idea and get others to believe in it, I really think that there is a great awakening throughout America, it's happening in Oakland, California, it's hap- pening all over this country and I think we're behind on this. We're certainly not the first ones nor are we innovators and I think it is time for this commun- ity to start doing the same type of thing that Boston and communities all over this country have been doing for years now. Now we've got the tools, we've got the imagination, we've got the people, we've got the land, we've got the commun- ity, we've got the interest. There's no reason why Miami couldn't have all those things that you put up on that board. The next move is for Metro and I would strongly recommend, Mr. Grassie, before we spend a lot more money on more draw- ings and more dreams and more plans that we present this to Metropolitan Dade County and say, "Ladies and gentlemen, here is what we want to do," and we're *already on record voting for this so I don't think you need a vote. I think what we need to do is say, "Look, we are now ready for discussion" I don't think that we ought to spend a lot more effort or money of our funds unless Metropol- itan Dade County is willing to go along because it is their decision. We do not have the right to do this unless they give us that right and, therefore, we really have to face that issue I think immediately, Rose. Mrs. Gordon: I don't honestly think we'll have any opposition. Dade County I believe is as interested in the economic development of this community as we are and they will be only too happy to have us take the responsibility for this kind of development which is within our own city. I don't think you'll find any problems there. In fact, I have to tell you this because it is interesting to me that I was visiting with a very well known businessman this week whose comment was, "Miami is a very exciting place to be now because things are really happening" and I felt very good about that and this is another happening today. Mayor Ferre: Rose, I tell you where the problem comes in; that for us to become a community redevelopment according to the law the county under the state law has the right to redevelop or institute a redevelopment plan. What they don't have the right to do is to institute many redevelopment agencies. Is that cor- rect, doe? Mr. Fosmoen: Each community could be designated as its own redevelopment agent. Mayor Ferre; But the point I'm trying to make is that the county, my question to you is this; Can the county say, "All right, City of Miami, in this partic- ular park in this location we want you to be the redevelopment agency,,." Mr, Fosmoen: They can do that. Mayor Ferre: ",,. but we don't want to give you th,t right in other areas within the City of Miami yet". Mr. Fosmoen: They can do that, in essence that's what they did with the South Beach project. Mayor Ferre: I see. Have they already earmarked Miami Beach as the redevelop- ment agency for South Beach? Mr. Fosmoen: They have designated the South Beach Redevelopment Agency. Mayor Ferrer Ok. Now I think you shouldn't lose another day on this. I think that you should request to be put on the agenda as quickly as possible and ask them specifically to earmark the City of Miami as the redevelopment agency for this particular piece of property for this particular plan. Don't you think we need a resolution to that specific... Isn't that the natural conclusion of all of this? That's step #1. Mrs, Gordon: The motion would be to take this plan and proposal for redevelop- ment to Dade County for approval and for designation of the City as redevelop- ment agency. Mayor Ferre: Is there a second? Father Gibson seconds the motion, is there further discussion? Mr. Plummer: Well what I've got to know is are we talking about this particular location? Mayor Ferre: Yes. Mrs. Gordon: Specifically I would assume this report which centers in and zeros in on this location. Mayor Ferre: This particular plan that has been presented to us today has a specific proposal for redevelopment of an 8.5 acre park, is that correct, spec- ialty center I think is what you called it? And what the motion is is that we go to the county and say, "Ladies and gentlemen, here it is, we want to proceed, Would you designate us as the redevelopment agency to develop this park?" Because that's step #1. No use taking step #2 or 3 until you've taken 1. The following its adoption: motion was introduced by Commissioner Gordon who moved MOTION NO. 78-187 A MOTION DIRECTING THE ADMINISTRATION TO PRESENT THE MIAMI RIVERFRONT DEVELOPMENT PLAN AND PROPOSAL TO THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY REQUEST- ING THAT THE CITY OF MIAMI BE DESIGNATED AS THE REDEVELOP- MENT AGENT FOR SUCH PROJECT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson Mr. Reboso and Mayor Ferre. NOES: Mr. Plummer. ON ROLL CALL: Mr. Plummer: Let me put a few comments on the record so that my vote is not misunderstood because my vote is definitely "No." I do not concur with the recommendations of this study. I think this particular location is bad. I think the location will not be utilized in the way we hope that it would be utilized. It is in a pocket, it is not accessible and for anyone to think that people are going to cross over that bridge from the downtown area to use this particular parcel to me is just fool hardy, You talk about putting in a boat to run between the two, that's even more ridiculous in my estimation. I think that there are other locations on the other side of the river which would be more accessible to the downtown area, would be more accessible to the Convention site and think these should be given priority, Here you are amassing land where it is not the best in residential but it is residential in character and nature where you could go to the area in my estimation by the South Miami Aven- ue aridge and what are you assembling but a parking lot, I think it has chances there for expansion, T think that the area needs and would be utilized by the people of this community if you put it on the downtown side of the river, i think you would have everything in the world to expand, I am all in favor of the concept as proposed, I am totally opposed to the location chosen, Since the motion says that this site is the one which is, in fact, designated is the reason that 1 must oast my vote in the negative, I vote no, 12 MAR 23 we Mayor Ferre: Thank you very much and congratulations, Mr. brainov: Thank you very much, , PRESENTATION or ADMINISTRATION BUILDING DESIGN, movor Ferret ! Mr. Grassie: them. Mayor Ferre: and let's Move ahead, we're no,., on Tte "i:", hrio t1'? arr41it0cta bPta Vat's I understand they are, Mr. Mayor and Jim Connolly will introduce Mr. Connolly. Mr. Jim Connolly: Mr. Mayor and members of the Commission, last month the corn mission asked that the architect for the administration building come and pres- ent the rendering which was not ready at that time. It just became ready this morning and we also are going to cover the physical location of the City's Administration Building in respect to the remainder of the buildings in the Government Center. As you all know there was a presentation made the other day by Phillip Johnson to the County Commission on the Cultural Complex, of the Library, the Art Museum and the Historical Museum which is at the corner of Flagler and First. The yellow tipper tone on that drawing indicates the build- ings of the Cultural Complex. The orange indicates the exact location of the first phase of the City's Administration Building. Mayor Ferre: May I ask a question right away? Lester, is that the so-called Phillip Johnson proposal that we saw in the paper yesterday? Mr. Lester Pancoast: Yes, Mr. Mayor, it is. Mayor Ferre: The yellow? Mr. Connolly: Yes. Mayor Ferre: This is where that court yard and all these mediterranean build- ings are going and all of that. Mr. Pancoast: Would you like me to kind of run over this map so that, you're not obviously as able to be familiar with it as we are. Mayor Ferre: Excuse me, I'm sorry I shouldn't have interrupted you, I just want to orient myself and perhaps we could wait until Mr. Connolly goes through i his thing. Mr. Connolly: We'll let Lester cut through the whole center. Mr. Pancoast: Mr. Mayor, this is the courthouse down here and immediately west of the courthouse between there and I-95 here on your left is the site on which the Cultural Center is being proposed. Rev. Gibson: Why don't you take the mike with you. Mr. Pancoast: The yellow buildings are the elements of the Cultural Center. up here in the left hand corner of the Government Center is the existing Police Headquarters. So if you think in your mind between the Police Headquarters in the northwest corner and the Courthouse in the lower right hand corner you have a sense of the size of this whole thing. The Government Center is a rather vast area immediately west of downtown. I-95 is a very powerful thing to which it all relates. As you can see, the site of the building that we're to present to you this morning is very much immediate to I-95, in fact, you can say it is right beside I-95. That fact alone gives it enormous visual presence because of the amount of our population that courses up and down this lifeline. It is not only beside I -95 it is also axial with it because as you can see down here at the bottom of the drawing everybody lines up with the city and what they see directly ahead of them would be a building in this location or will be a building in this location, Mayer Ferre: Lester, is that both buildings or is that just Phase I? Mr, Pancoast; That is only Phase I. Mayer Ferre: Where does Phase IT go? 13 MAR 3 31978 Mr. Pancoast: I regret that it isn't on here because it should be to properly explain itself bit it is right in this location that I'm describing here. This building is a five story element as we've discussed in the scheflatics. Mayor Ferre: And Phase II is how? Mr: Pancoast: Phase II is probably 15 stories. Mayor Ferre: Fifteen. Is Phase II this thing over here? Mr. Pancoast: Phase II is this thing over here. Mayor Ferre: Ok. Excuse me, before you take that map down, how many square feet per floor in the yellow space? Mr. Pancoast: About 11,600 square feet on each floor. Mayor Ferre: Gross or net usable? Mr. Pancoast: Net usable. Mayor Ferre: So in other words gross is about 10 or 15% more? Thirty per- cent more, so in other words it's about 14,000 to 15,000 gross. Now how does that compare in size to the City of Miami Police Department Building that you built before? Is it about half? Mr. Pancoast: I think you can say that it is a little more than half the size of the Police Headquarters. Mayor Ferre: It would look from that map as less than half rather than more than half. Mr. Pancoast: Well, it is a little bit illusionary when we're looking down on it, Mr. Mayor, because not every floor is a full floor so there are differ- ent numbers there that come into play. Mayor Ferre: Well then all the more reason then why it's less than half be- cause if not every floor is a full floor - oh, the City Police is not a full floor. Mr. Pancoast: Also, that's right. The floors are irregular, of course, in response to what they're trying to do. Mayor Ferre: Well, would it be safe to say that the City of Miami Police Department is approximately 150 to 200,000 square feet gross? .... 137, is that all it is? Mr. Pancoast: Yes. Mayor Ferre: So what we're saying then is is that the bulk of this building would be approximately the same as the Police Department.... I see. Mr. Pancoast: No, I said 11.6 per floor net and then gross is 30% more than net so you begin to add these figures rather quickly when you take care of the entire ... Mayor Ferre: Lester, how much is the tower cross section, I mean the square footage of each floor of that tower, the future tower of Phase II? Mr. Pancoast: Oh, of this tower? Mayor Ferre: Yes, sir. Mr. Pancoast; Let me say in rough numbers, in round numbers it would be ap- proximately the same a$ the building we're proposing. Mayor Ferre; About 14 to 15,000 square feet per floor. Mr. Pancoast; Yes, Mayor Ferre: And that would be proposed to be what, a 25 story tower? Mr, Pancoast; No, probably more like 15. That would be about three times the height of the building that we're talking about now, Mayor Ferre: I see. It would be about half of the size of the existing County Courthouse in height? Because the height of that is approximately about 35 floors. Mt. Pancoast: Mote like thteejquartets of the height of the County Courthouse. Mayor Ferre: I'm just trying to get proportions here. Now the Phillip Johnson thing is what, five stories high? Mr. Pancoast: Yes, at the maximum. It is generally a low profile proposal. Mayor Ferre: In other words the only thing that is going to be superimposed that's going to be more dominant than our building would be the main county building which is going to be 40 stories high. Mt. Pancoast: That's right. Mayor Ferre: Ok, I'm just trying to get bearings of all of this. Mr. Pancoast: I think it is an extremely interesting point to make right now particularly in the light of the Johnson proposal where everybody is talking about style versus architecture, versus coordination and so on, the point that we would like to make is this: That we are creating a language for the City of Miami area of the Master Plan. The State as you know has created a second language for its buildings. The County will create another language for its buildings and Mr. Johnson has his language quite different also. ... The point that I'm trying to make is that different languages if they break down in intelligent categories within the Government Center are a perfectly reason- able idea as long as no one of those languages fails. Mayor Ferre: Fails? Mr. Pancoast: The fact that the languages within the Government Center are different is far less of a problem than any of those languages for some reason doesn't make sense or doesn't ... Mayor Ferre: I see, you mean individually. Mr. Pancoast: That's right. Mayor Ferre: In other words everybody can pretty well stand on its own and that doesn't mean that it is going to be an ugly togetherness. Mr. Pancoast: Exactly. ... A lot of the vitality of the city comes from dif- ferences so differences per se are not the problem here but the languages. Each of them should make good sense and the fact that you can identify some- thing of the City buildings by the way they relate to each other is a positive thing. So you don't say, "Well is that the City or is that the State or is that the Federal Government?" You should be able to have some sense of their differences I would think. Do you see what I'm trying to say there? Because a lot of people are thinking of the Government Center as one great coordinated monstrous plaza that overwhelms you with a concerted glory of government. I'm not really sure that that's what the public in this county needs or wants. What we do need and want is very intelligent. architecture that has been worked out on rational lines and that can speak to us of what we are about. We are a wet climate, we have arrived at 1978 and we have learned a lot about living in Florida although we haven't been doing it very long let's say since the turn of the century. But we have arrived at a place where we can stand before you and say that this building that we've designed for you represents the best thinking that we can gather along rational lines, along aesthetic lines and the greatest problem of doing it all is relating to everything. Relationships are the whole key to design - relations to proportions, relations to emotional response to the building, relation to the rainstorms that happen here so fre- quently, relation to the ability to get out of one's car under cover during . those periods, relationship to being able to sit in an office and look out of a window and see the horizon whether you're sitting down or standing up but also not to paying an incredible number of dollars every year for running that building. So the number of elements that go into a simple design is incredible today and it should be because we're able to deal with more of these problems than we ever did back in the 20's. The 2O's produced for us some marvelously charming buildings and we all revere them in their way but they do not effic- iently answer what we know about life today in Miami, So what we're doing to= day is to show you a building which is only $3,000,000 but that is entirely belying the fact ... MAR 2 31978 Mayor Ferre: Excuse me, t thought you said it was $5,000,000. Mr. Connolly: The total budget is $4,000,000 but actual construction cost is $3,20C,000. Mt. Pancoast: So the figure in out minds, of course, is $3,200,000 because it must be. But although it is 3 million 2 it is designed to become a much more expensive building in the future, not a lavish building understand be= cause people don't want government to be lavish today. But nonetheless the natural and inevitable recipient of an enormous amount of focus, focus phys- ically and focus idealogically because people will identify the city with what they're getting here architecturally. Mayor Ferret Lester, in other words, and I'd like for Mr. Grassie to hear this because when he and I were talking about this We were talking about $80 a square foot and I said that was just ridiculous, it was just much too high. It's isn't $80 obviously it is closer to $40. Mr. Pancoast: We dearly hope so. Mayor Ferre: Yes, so just in our conversation I just want to kind of say that we were off a little bit. Mr. Grassie: Just so that we all understand each other, our construction costs which will run $4,000,000, in addition to that we have.... Mayor Ferre: Three million two. No, not three million two? Mr. Grassie: The total construction cost. Mr. Pancoast: The construction cost is three million two. Mr. Grassie: Are we including demolition? Site preparation? Mr. Pancoast: Demolition I believe is in the contingency element. Mayor Ferre: That's only 190,000 more or less... Mr. Grassie: We have site preparation, demolition, architectural fees, we have the land cost which has not been calculated into... Mr. Pancoast: It's like net and gross once again. Well, the language that we are talking about today is one that we ourselves started a couple of years back and it helps us in describing it because it is already there. I will not say that we are simply doing more of the same because this is not exactly the same kind of building and we ourselves have progressed in certain ways and we certainly are not going to fail to have that reflect in the thing that we are showing you today. I think it is time to put a picture of this before you as I describe it and maybe I can describe the elements of the drawing so that you won't just look at it as a picture but begin to analyze it the way we do. Mayor Ferre: Lester, while you're doing that may I see the floor plan so I could see the floor plan while we're looking at the picture? Mr. Pancoast: Yes, indeed. The floor plan that you're seeing here, the yellow part is what we call the usable part. That is the enclosed portion that will be actually inhabited by people. And you can see where I'm putting my hand now an "L" shape. When I talk about the building as an "L" shape I mean this. By the way, my partner Adolfo Albaisa is holding the drawing but he is the project architect not the drawing holder. I just thought I'd better make that clear. The "L" shape of this building is perfectly rational in many respects but one of the main ones is that it is designed to get as much natural day- light into the building as we can. We've just learned from an AIA study which has been made available to us that the more daylight you can get into a build- ing, I'm not talking about sunlight now, the more daylight you can get in the more efficient the building is to run. The awnings that are built into the facades by the precast covering of the building are also eXistent on the Police Headquarters but as you remember the ones on the Police Headquarters had many many fins repeated every five feet, This partly for reasons of security and partly because the precasts are made as window frames. These precasts are not made as window frames, they fit together in a less expensive way, We are hop_,- ing that the cost of this precast will be considerably less than it was on the Police Headquarters. 16 MAR 23 1918 Mayor Ferre: Thee ate ail erecest panels, what kind of a facing would they have, Lester? Mr. Pancoast: Well, now we 'het into the cognates between the two buildings. Mayor Ferro: This is exposed aggregate, or what? Mr. Pancoast: It will be the same material that is on the Police Headquarters so suddenly these twc. :eu:.1c?.i.rrpe •eel.n3 to Lhe Name family. They wear the same clothes, they have rile earns: eye shadr-s. Mayor Ferro: How at ue t en ,.. Mr. Pancoast: l c :: i1 1 i:_ _� tower Unit is per::ectly calculated in our opin- ions to get your arttr;r.io to i- ;;eJausr- in this building they won't be wonder- ing where teco you' it tu_:xjj that you have most attention upon. You' 11 Eee the ..+yV : '. f�ii` 1rJm the w pre ssway so even as you're in the car approaching the sine t ;e elle wi i l leee in to tell you how to behave or where you sf,o aid be going. Mayor Ferre: What ne,t t w..i that. b.: is that tile or what? Mr. P ncoas' : No, it ie 71 i le i`la material, a terracotta paver which was used en the Police Heed_ruait r;. It is an aggressive color, it's a bright orange, it is scxnetnine that we reel takes a lot of the blandness out of what ot.hezwise cornee wien precas architecture, So the precast is a neutral. The tile is not a £- utxa;_ and when we put it on that big round tower we're saying "You'd heeter io-,k at this., tower because we're not going to let you look some- where e:se". Mayor ."'erne: V1rket i_ t''r i o�r:.:,.ective point of this picture? Where are we iookine from? Where wood we be standing to see that particular view when the building is finished? Mx. Pancoast: iught het e. Mayor Ferre: I see. You'd be standing on the ground level? Mx. Pancoast: :vo. we are feet. la the air and the reason we are is because the Master Plan ei,:.+w i .wor}: of eeeond level pedestrian connectors and we have said we are eau of tieJse pedestrians and we are going to look into the open space within the building from that connector. Now we don't know a lot about this, we are kind of gar.awing it anyway so to speak and in doing so you can see we have lined the inside of the balconies with the same tile that is • on the tower. So even though the sketch would superficially suggest it the only tile that's not going to be on the tower you'll find it reflected else- where in the design, as weIl. Mayor Ferre: 'lc t-.ha.t tile manufactured in Florida, is that a Florida manu- factured tile? Mr. Pancoast: Yes, :;t is. it is a Palm Beach Product which comes out of the same factory that was started by Addison Mizner back in the 20's. Mayor Ferre: It is a cement tile, made out of cement? Mr. Pancoast: No, it is clay. The clay does not come from Florida because Florida doesn't have any clay. Mayor Ferre: . It's a large square, about 8 inches, 10 inches square? Mr. Pancoast; 1t's B X .u. Mrs. Gordon. each tile? Mr. Pancoast: That's right. And that means it is big enough so that even from the exeressway yo;..get a since of modulation from it. If it were smaller it would a.. :elur into a plain color. Inside of the silo are various things which help to help the puc: i T'be public sees the silo, identifies with it and then as you go up and down in the builciieg there are things that the pub- .ic needs as sepa-act from all ea the office spaces and those processes which ;are different. Mr. p.aMmer: Are chose the elevators and things of that nature? MAR 231978 Mr. Pancoast: Yes, the stairways, the public restrooms, mechanical equiptent and the elevators that you can see here are outside, itunediately outside of the tower so as you go up in the elevator which has glass faces you'll be going up beside the tower. So once again wherever you are in that building the tower is with you. It is a very important element to the design we think because it lets you understand everything. The elevator tower, if it were enclosed it would be called a tower, I guess you would just call them the elevators now because they're out there by themselves. There are two public elevators and there is another elevator within the building which is a service elevator so that the behind the scenes utilitarian processes can go on. You can see a slight reflection of the top of the elevator shaft beyond the Main tower. Now an important aspect of this building is that its circulation is open air. If you ask me why is this a Florida building that would have to be one of the important answers. The building is open beneath so that you flow through com- fortably and easily on ground level and you can come from the north which many people will because of the parking garage which will be their origin and you can move freely underneath the building under cover from the rain the whole way to another area behind which, of course, the sketch doesn't show which eventually will be the main entrance utilized by Phase II. Really, it will remain a ceremonial entrance because all of our pedestrians will continue to come from the north. Now the design is dealing with what will happen now, what will happen later and it has to work in the ultimate as well as now. There is a sense of focus within this plaza that we're making by Phase I and Phase II and in the rendering we have shown the 15 story building on the far left, you don't see much of it and that's fortunate because it isn't designed yet. We could not have drawn it properly because it simply hasn't been consid- ered. We've suggested, however, that it's language will be sympathetic to Phase I because afterall the whole thing has to make a totality when it is com- plete. Mayor Ferre: Is this part of the future building? Mr. Pancoast: Yes, it is. (INAUDIBLE) That's right. ... I don't wonder. We were anxious to show the rendering this way because the space created by Phase I is not as rich and rewarding as by Phase II and also it is important we think to indicate how Phase II joins the existing building because that is an essential part of the design. This is a pencil rendering done by a man who is 78 years old and he has done renderings like this in the Miami area all of his life and we think he did a superb job for us on this rendering. Mrs. Gordon: It's very attractive. Rev. Gibson: Beautiful. Mrs. Gordon: That's marvelous work that he did, he showed every tile. Mayor Ferre: All right, any other questions? Go ahead, Lester, Proceed. Mr. Pancoast: I think, Mr. Mayor, that concludes our presentation unless there are further questions that I can answer for you. Mrs. Gordon: Just how far along the road of the beginning and where are you in the construction? Mr. Pancoast: That's a very pertinent question. The working drawings will be finished at the end of next week and I think that the package will be complete at that time and we will make our deadline although we've been working nights and weekends in order to make it, it is the nature of this kind of process. It's a difficult process but not an impossible one... Mrs. Gordon: When do you think ground breaking could take place? Mr. Pancoast: Mr. Connolly, when could ground breaking take place? Mr. Connolly: The award date for the first major contract will be in approx- imately 6 to 8 weeks and it would be appropriate to have ground breaking at that time. Mrs. Gordon: How long is construction estimated to be? Mr, Pancoast: Construction is estimated to be 1.8 months in the total from the ground breaking. Mr, Connolly; Well actually we have been doing work on the site in small COD*, tract packages. We started work actually in December, the demolition of the MAR 2 31979 1 building and then we did a site excavation contract, we're now doing a separ, ate foundation contract in order to meet the terms of the EDA Grant brit we're really not coming out of the ground. I think the ground breaking should be when we really start the first contract which shows the visibility of the pro= ject going ahead, Mrs, Gordon: And that would take 18 months? Mr. Connolly: No, that is about 15 months from that point. Mr. Pancoast: There are two contracts ahead of us, one that will be let after the bidding that's coming up and then an additional one to do the interior work which will perhaps fill out the 18 months, we're hot quite sure yet. Mrs. Gordon: Is there any action of any kind needed, Mr. Mayor? Do we haVe to do anything? Mayor Ferre: I don't think so at this point, Mr. Grassie? Mx. Grimm: Mr. Mayor and members of the Commission, in April we will be back before you to formally change the zoning on this site for Government Usage. Mayor Ferre: What, we don't have the proper zoning? Mr. Connolly: It has never been rezoned, no. It has been before both commis- sions and the Master Plan has been approved for total governmental use, however, the zoning procedure was never done. Mrs. Gordon: But the Planning Board has already heard it. Mr. Connolly: Yes, everybody has. Mr. Grassie: And you remember that we've only owned the property for about two months. Mayor Ferre: Further discussion? If not, thank you very much. Mx s. Gordon: I just want to say I like it. Mr. Pancoast: Thank you. Mayor Ferre: And to you and your associates our gratitude for being here. 6, PERSONAL APPEARANCE: BASEBALL TEAM FROM 0 ECUADOR, Mayor Ferre: Al, if vnu and Hiram would bring in the baseball team.we will thank them for being here. This is a baseball team from Ecuador of young people, maybe you can explain it, Al. Mr. Al Howard: They had asked us about four or five months ago to bring a group of boys down there to help them with their baseball program which we did and in return they were coming up here and spending a week. They're going to Disney World tomorrow, they're traveling around Miami and they're also learning baseball because they're organizing Little League down there right now and that's why they're here today to meet the Commission on their return here. Mayor Ferre: And I assume their families are all here. Mr. Howard: They have mothers and fathers with them, right. Mayor Ferre: They've got two teams, one eleven year old and the other is thir- teen year olds and they've played two games and they're going to play a total of nine games. Right? Mrs. Gordon: Is that under the City's Parks Department? Mayor Ferre: Is that Al, totally within the City of Miami? Mx, Howard: All at Shennandoah. 19 MAR 2 31978 STATUS REPORT: NON -UNIFORM BARGAINING UNIT. (DISCUSSED AND TEMPORARILY DEFERRED)1 Mayor Ferret We're on Ttem "C", Mr. `'anager, status report concerning non- uniformed bargaining units. Mr. Grassier At the last meeting of the City Commission, Mr. Mayor and members of the City Commission you asked that we do everything possible to accelerate the process of carrying out the intent of PERC for an early election. We have been doing that and I would like now to have a report for you from Special As- sistant City Attorney Peter Hurtgen who will describe for you what has happened in the last week since your last meeting. Mr. Peter Hurtgen: Your honor and members of the Commission, my name is Peter Hurtgen. I am the Special Assistant City Attorney, I work under the direction of the City Attorney and I have assisted from time to time the city in the handling of this what has turned out to be an epic length election process with the state agency, Public Employee Relations Commission. As the Manager just indicated in response to your directive of March 9 we have done everything we can to expedite PERC's conducting of this election. I am advised as of today that the state agency PERC will have the 150 election notices sent out to us today or possibly not until tomorrow. We will then commence to post them immed- iately and PERC advised us that they intend now to conduct a mail ballot amongst all the eligible city cmployees with those ballots being mailed out approximately on or about April 7, 1978. Under PERC processes they say that it takes normally a two week period for them to receive back the ballots, have them talleyed and to publish the results of the election. So we are shooting as hard as we can to have them conclude this election process by the llth of April as you have directed. You may recall at your last meeting union representatives indicated that they were in the process of perfecting an affiliation and asked that city representatives accompany them to Tallahassee to assist that process. We did that, the meeting was held last Friday with PERC's general counsel and the meet- ing at that point turned out to be somewhat inconclusive. As the PERC election order presently provides there will be three choices on the ballot, the Miami Dade General Employees Association will be one choice, AFSCME Local #654 will be another choice and no organization will be a third choice. Last Friday both unions presented to PERCS general counsel an affiliation agreement and a petition to PERC to have PERC expeditiously recognize the affiliation and they requested that the ballot, therefore, be changed to reflect the new affiliated one union rather than the two. On behalf of the city we supported that effort by the unions and, in fact, urged PERC to quickly approve that affiliation. General counsel of PERC promised both we and the union representatives that he would cause the union's petition and affiliation requests to be expeditiously handled, that he would direct that the new showing of interest by way of authorization cards be counted and verified rapidly, that he would early this week present to the Public Employee Relations Commission itself the status and a request by the unions supported by the city for this affiliation recognition. As of yet today we have not heard what PERC has ruled upon that motion, upon that petition for affiliation. We are advised at this point that PERC will issue its order grant- ing or denying that request by tomorrow. The general counsel, however, of PERC intimated to us and the union representatives last Friday that because of the lateness of the time that the unions were seeking to have their affiliation recognized that to grant that request PERC might not, in fact, they might put it off until after the election on the basis that if you agreed to affiliate you can just as easily do so after we conduct our election as you can before and PERC's general counsel also indicated to us that to grant the affiliation request prior to the election and to seek to change the ballot at this time might also delay the election. I and other city representatives stated that we would be most unhappy with further delay. We reminded the general counsel of your direc- tive that the election be held as expeditiously as possible and by April llth. Mr. Powers, first general counsel acknowledged that and promised to do every- thing he could to hasten it along. That's where we sit. By tomorrow we should have a ruling from PERC on the affiliation order, hopefully we're going for- ward with the election as it has presently been scheduled, we should receive the notices by tomorrow, we will post them throughout city departments, employees should receive mail ballots on or about the 7th of April. They should mark them in accordance with the directions from the state agency, return them and we may not have results from PERC advised to us by the llth of April but I think hope- fully it will be shortly thereafter. 20 MAR 231978 Rev. Gibson: I get very upset., very upset with the kind of dealing I see go on, very opset, far more than I want to express. My heart gets to be heavy and heavy laden because I don't believe I see an earnest desire on the part, t waht the Mayor to hear this and I want Plummer to hear this, t want them talking on this point this morning. I get very upset because I don't think I see a willing ness on the part of us to cooperate, to expedite. You know I told this commission when the Sanitation Department was getting the run around and screwed Up = yoU don't know I know that language either - what the attitude of this administration was and I'rr not so darned sure it has changed. Okay? The only reason we find out what the real attitude of the administration was, not necessarily Mr. Grassie, those who were handling the business. But Theodore Gibson was smart enough to go into that meeting there at the State Building and overheard and brought back to this administration copies of a counteraction on the part of the administra, tion,the doubt of the Commission. I hope like hell that did not happen. Now you may not have weitten but I hope like hell you didn't go behind the door and you know I know that game too, it happens in the church. Do you understand? Now if we want tc treat the employees right and fair and just, and they haven't settled their differences shouldn't make a doggone bit of difference to us. Do you under- stand? And I'm not so sore I'm talking to you but I'm putting it in the record so everybody could know where I am. Man, it hurts my soul, it hurts my soul - I wart to .cry out thio mornin?. tc see how employees for this city are just shafted ar000O and r:ic;:ed around and pushed around. Man, the only thing you and I have ir, ::.nis world is to treat people right and fair and descent and be honest with t..�r.. It just burns me up. I came here with a heavy heart this morning. I'm goring to take up another item that I asked you to let me hear about before today and I haven't heard from you so I am disturbed. I'm only speaking for Theodore, I. could stand my own ground, I don't need anybody to stand it for me and it dis- ,h `erbs me. And all you all do, let me tell you this and stop. Man, you wait un- til that damned scot. gat on your own foot and you'll start, you'll start - you ko ow the guy who has a seizure. Do you understand? So be nice to these people lest one of these days somebody has to be nice to you. • ..r. Hurtgen: Reverend, we took most seriously what the Commission directed that we do at your last meeting and Y. believe the union representatives will attest to the fact that we were most supportive and cooperative in their effort and are continuing to do that. Rev. Gibson: It will ease my heart if I hear them say it and if I were able to read the record. Do you know what I mean? I tell you what, Mr. Manager, I would like for them to send me a copy of the record so that Theodore gibson can read and see how vigorously they presented the Commission's position because I happen to know the trick of the trade. I know what went on over there on 12th Avenue. That was not your attitude. "Well, this is what they said" you know I know that thing, I saw it. I came back here trembling, emotionally upset and disturbed. Mr. Grassie: I don't know, Commissioner, whether PERC keeps minutes of that sort of thing. We will have to ask them to determine whether they have them but if they do... Rev. Gibson: Make sure and make a formal request so black and white won't lie and send me a copy of the request that you make to them so that if they don't answer I know Mr. Grassie through his administration would have discharged their duty and that's all I hold you responsible for, not for the action nor the response of PERC. Mr. Hurtgen: I think, Reverend, that Mr. schultz will verify our support and co- operation. Rev. Gibson: I'a like to hear him. Mr. Duke Schultz: Mr. Mayor, Mr. Vice Mayor and Commission, my name is Duke Schultz, I'm an international representative for AFSCME-AFL/CIO. We did, in fact, attend a meeting last I'riday in Tallahassee, Florida before Sill Powers, general counsel for Public Employees Relations Commission, A. G. Sherman, Presi- dent of G.E.A. representing GEA went to that meeting with me. We did, in fact, present to PERC the documents that are before you today, the joint petition to accelerate affiliation and the affiliation agreement. We also gave the City copies of these two documents. Part of what Mr. Murtgen is saying here today iS -rue. ?.rt of what Commissioner Gibson is saying is true and we feel that there are certain positions that the city Gould take to certainly expedite this mandate of the City Commission. We are not satisfied at this time that all of those pos4. torts have been taker:. In fact, we are of the position that there are some actions taken behind the :;cer.ses to attempt to delay and, therefore, divide the city employees once again, In the past there have been two major labor organize - ;.ions representing the City of Miami General Employees, Miami Pade Gener'ai employees Association represented by A. G. Sherman, AFSCME local 654 represented by Jerry Jones. We have worked out an affiliation. We've worked long and hard. The rnehbers of both organizations have had an opportunity to express themselves Oh this affiliation. They have had an opportunity to view the conditions upon the affiliation that it is based on. They've had an opportunity to vote on the affiliation, the vote with regard to 654 in each instance, officers, board of directors, or executive board rather and members was unanimous. With regard to GEA, their officers, board of directors, executive board voted with approval, Their membership voted five to one to affiliate. We did our work, we put together an affiliation so now today there is one organization, Miami General employees Association-AFSCME, we created a new local 1907 AFL/CIO. Out position today is that we go forward with this one labor organization representing the city employees of the City of Miami. At least give the employees an opportunity to express their desire to be represented by that organization. To continue With the actions of PERC which I am sure and satisfied that they have been expedited to circumvent your mandate will again divide the city employees of the City of Miami. There is a condition, that usually takes place when an election is about to be held amoung any employees and that conditon is that the parties meet and attempt to resolve the positions on the ballot. The employees meet and have a pre -election confer- ence and attempt to resolve and discuss the eligibility lists. None of that, Mem- bers of the Commission, none of that has been done. It is a total disregard of your mandate to expedite an election among these city employees. That action has been negated. The actions of PERC, and we will charge here today that we feel that there are some conversations, actions in the background not visible at this time and we can't pinpoint them and direct your attention to whoever is responsi- ble but our position is that there are things going on in the background that are negating your mandate. If this PERC election is allowed to continue as Mr. Hurtgen has said the position will be three voting choices on that ballot - we do not want three voting choices on that ballot. The City cmployees do not want three voting choices on tha* ballot. We are now one organization as depicted by the document you've been presented with. Our position is that we want one organization on a ballot and to wait and have PERC have this election defies this affiliation and we're not happy with it. Mayor Ferre: Mr. Schultz, because we're repeating things over and over again and I understand but just to bring this all to a head I think this Commission probably feels united in this and we understand what you're saying. Mr. Schultz: I would like to make one suggestion if I might interrupt, Mr. Mayor. Mayor Ferre: Well Ok, but let's bring it to a head so we can move along and I've got two questions after that that perhaps focus on this. Go ahead, make your recommendation. Mr. Schultz: Our recommendation is that the City Commission of the City of Miami recognize General Employees Association, AFSCME Local 1907 AFL-CIO as a bargaining agent for the general employees of the City of Miami not presently covered by a contract ... Mayor Ferre: Without an election? Mr. Schultz: No, based on one of two alternatives, either a card check checking the representation cards of these organizations or go to a non PERC election and run the election, an on site election that could be run within the next week here in the City of Miami without all the confusing factors, without all the dictaror-. ial input of this Public Employees Relations Commission. Mayor Ferre: Who is the Public, is that the one in Tallahassee? Mr, Schultz: Yes, sir. Mayor Ferre: What do you meal, dictatorial, isn't: that established by the State Legislature? Mr. Schultz: I used the word dictatorial in the area of we feel that we have got our act together now and we're one organization. We feel that the Public Employees Relations Commission will insist on having an election dividing the two organizat- iions. We feel that is dictatorial. Mayor Ferre: That's my question. I don't understand what is going on here, Is the state doing this, PERC? Mr. Schultz; Yes, sir, We feel that the decision will be to... Mayor Ferre: Now let me ask you something. You've got, wh4t's the nave of the AF of L-CIO head up there after Charlie Harris retired, what's his name, the new MAR 2 31978 guy? Who is the head of AFL-CIO in the State of Florida? Mr. Schultz: Dan Miller. Mayor Ferre: Dan Miller. Dan Miller is pretty close to Rubin Askew isn't he? Mr. Schultz: Yes, sir. Mayor Ferre: Isn't this whole PERC thing under Rubin Askew? Mr. Schultz: Yes, sir. Mayor Ferre: Now I ask you why hasn't Dar Miller and Eddie Stephenson and all the other friends, you know AF of L-CIO gone and brought this to a head? I mean what is this? Why are these guys doing this? If they know it is a clear, if the will of these two unions is to make one then why are we going to three choices? And why is PERC making that decision and why are we getting the blame for it? We've got nothing to do with all of that. Mr. Schultz: We in no way shape or form are putting the blame on the City Com- mission of the City of Miami, absolutely not. Mayor Ferre: I'm talking about the administration, are they to blame on this? Mr. Schultz: We believe that there could be actions that they could have taken to get this resolved.... Mr. Hurtgen: Your honor, if I might.... Mayor Ferre: On the record, you tell us now point blank is that so, yes or no? Mr. Hurtgen: That is not so, sir, and Mr. Schultz heard me say to Mr. Powers, PERC's general counsel on Friday which was the day that the unions perfected their affiliation on paper and the day that they registered with PERC. Mr. Schultz heard me say that the city is cooperative, the city supports their affil- iation and the city urges PERC to pass favorably upon their request to change the ballot. He heard me say only that we wanted it done quickly because we were under a directive of this City Commission to proceed to this election forthwith and if PERC were to tell us today that the ballot has been changed to reflect the wishes of the new affiliated newly created local nobody would be happier than the City administration and we stand on that statement. There has been no state- ment made by me or anybody else to my knowledge to any PERC employee, agent or any commissioner that is contrary to that statement. The problem lies in that the unions came on March 17th to PERC and attempted to do something at a very late date as the process has unfolded. We had already been under a direction of an election from PERC and it is one that we were trying to get out of PERC for months and months. Mayor Ferre: Ok, but the point, nevertheless remains despite all the bureaucratic mumbo jumbo that goes on in Tallahassee that it is the will of these two bargain- ing units to become one. Mr. Hurtgen: That is correct. Mayor Ferre: I mean you know we've got nothing to do with that, we have no, that's not our choice or our doing or anything else. That's their doing. Mr. Hurtgen: Right. Mayor Ferre: Now why in the world would Tallahassee force all of us to go through the charade which is a charade of going through a three choice election when in effect choice 1 and 2, you're going to have to add them to get your total? Mr. Hurtgen: Let me tell you what the general counsel said when we said that very same thing, your honor. He said, "Well all right, what I want then from you unions. I'd like to see some withdrawals in this case from the two prececessor organizations. We had two unions fighting each other here which was the principle engine for delay, The general counsel said to Duke and to A. G., "If I'm to be convinced and PERC is to be convinced that we r.ow have a new substitute party here I want to see each of the predecessor parties file official formal withdrawal. Mayor Ferre: Have they? Mr, Hurtgen: I don't know. MAR 2 31978 Mayor Ferre: Are you willing to do that today? Mr. Schultz: We are willing to do that withdrawal, both organizations contih. gent on the fact that the new affiliation stands. Mayor Ferre: Mrs. Gordon: Mr, Grassie: Well why haven't you done that up to now, Mr. Schultz? It's the chicken and the egg, Maurice... It's really not, Commissioner. Mayor Ferre: ...submit those papers and say, "Hey, we're one now". If you haven't done it don't come here blaming anybody else. Mrs. Gordon: Yes, no, that's not so, I read it different, maybe I'm listening differently but what I'm hearing is they've said yes, we are together and now recognize them as a togetherness and then we will withdraw but if we withdraw and you don't recognize us we're nothing. Where are we? Am I right? Mr. Schultz: Absolutely. Mayor Ferre: No, let me tell you why I completely disagree with both of you because you've missed one very important word, and let's not have mincing of words around here. Listen, you go play games with somebody else don't you come in here and play games with me. Now there's one key word and that is conditional. Are you an attorney? Mr. Schultz: No, sir. Mayor Ferre: Well you know exactly what conditional means. Don't come telling me you can't submit something by telegram, you could have done it and put the word "conditional" on it so let's not mince words around here. You know let's not let one thing happen and then come here wounded and making believe that some- thing has happened that hasn't happened. Now I agree with what you're trying to do. Okay? And I'm going to vote with you but don't come here trying to sell me one thing when something else is going on. Mr. Grassie: The other part cf the story, Mr. Mayor, is that the GEA, the General Employees Association and the city administration back in September of last year attempted to get an opportunity for all our employees to vote on what they wanted to do. That was specifically frustrated by AFSCME and they even filed an unfair labor practice to stop the electoral process. Mayor Ferre: Who did? Mr. Grassie: AFSCME did. Now they have been denying the employees of our City the chance to vote on their bargaining unit for over half a year and the reason that they've been doing it is because they thought they'd lose the vote very frankly and they've been afraid of the vote. ... But with all of that background now to come in front of you and say blatantly on the public record that there is something going on behind the scenes to delay the vote when they have through their official actions been delaying the vote for over half a year... Mayor Ferre: Joe, don't get so upset, that's part of the whole bargaining pro- cedure forever and ever and ever so why... I mean the look, the reality of it, as long as we recognize you know what this is all about you know I personally think that you guys are foolish because you're doing something when you could have you know by simply sending a telegram and sending a letter saying that you're willing to do this on a conditional basis you don't lose anything. And then you could destroy any arguments anybody could have against you. Mr. Schultz: We went in person to Tallahassee, Mayor, and stated that we would withdraw on the condition that 1907 Miami General Employees Association, AFSCME Local 1907 is a successor and it spells that out in these documents, successor to all the rights, duties and obligations of the previous contractual agreements. Mr, Grassie: And we can't lose sight of the fact that tomorrow PERC may, in fact, agree to that position and may ask us to run the election, I' RC will run the elec- tion actually, on that basis. It is very possible that they will agree with that proposition and that's the way we'll run the election, Mayor Ferre; Look, Mr. Schultz, from a practical point of view let me ask you a question. If the election goes forward and for some crazy reason which 1 would not understand you have three choices, doesn't the addition of the two unions added together count? 24 MAR 231978 Mr. Schultz: No, sir, it does not and that is another example of what I said before about the dictatorial powers of PERC follows in that analysis. The inter= pretation of the Public Employees Relations Commission is that if there are three choices on the ballot, one organization getting 49%, another organization getting say 10%... Mayor Ferre: Mr. Schultz: Mayor Ferre: Mr. Schultz: tion between believe th�.t You cannot add them together. You cannot add them together. Even if they were united? There will be a run-off election... There will be a run-off elec- the organization getting the most votes and the no union vote. I is wrong but those are the facts. Mayor Ferre: Ok, what are you going to say? Mr. Hurtgen: I was going to suggest, your honor, that we also in Tallahassee when the PERC general counsel expressed some doubt that PERC might approve their request, we suggested if it wouldn't also delay this election that one of the two unions simply withdraw, leave only one union on the ballot. If they had agreed to merge it wouldn't matter, after the election after one of them wins the City would recognize it. I don't think they want to do that and I would only sug- gest it to you, your honor and the members of the commission, if you would also realize that by even one of the unions withdrawing I think would somewhat delay 4 the election PERC has scheduled to be held but if you would accept that small delay... Mr. A. G. Sherman: Mr. Mayor, my name is A. G. Sherman, President of the General Employees Association. We will take that alternative if we need to but we are concerned with what Mr. Hurtgen just said about a delayed process. If we can strike that from the ballot or have new ballots at our expense made up by PERC sent out stating only one organization with our affiliation or none we're all for it but we do not want to see another delay and we think this is what the tactics are. It's another delaying period by asking for this affiliation. Mayor Ferre: I don't think that the delay accomplishes a thing because whether it is a week or a two week delay doesn't mean a thing. Mr. Hurtgen: We will take full blame for the delay. ghMayor Ferre: Well then there's the solution to it. In other words lets come to an agreement on that. Does everybody agree to that? Anybody disagree? Mr. Schultz: Well PERC is the unknown quantity. Mayor Ferre: I can't speak for PERC and neither can you and neither can he. That's his problem and my advice to you is you'd better get on the phone and you'd better tell Mr. Miller to dust himself off, and you can quote me on that, and go up there and help you guys. Look, with all due respects to the AF of L, CIO, and I want to tell you when I was in the legislature I was one of those guys that voted for unions for the Fire Department, you know that those of you that were involved. I voted for unions for the Police Department. I voted for unions for all public employees. I felt so then, I felt so now. So my record is very clear and every time that I've run for public office I've been able to speak very clearly as to my personal record with regards to organized labor in government and any of the other things that. organized labor is in favor of that I've supported, you know if we were rated 90%. Now, the point nevertheless remains that the AF of L, CIO does an awful lot of complaining after the fact and I don't see that they do an awful lot of things before the fact up in Tallahassee and here is a case in point. Where is Mr. Miller? Where is the AFL-CIO? Where have they been with regards to this? How many times have they talked to the governor? Mr. Schultz: The two parties involved, Mayor, could not get that accomplished. As I said, Mr. Hurtgen agreed that the affiliation, they would recognize the affil- iation, agree that the affiliation is a substitute. We want the affiliation as a substitute. The condition as it now exists, I have very strong feelings that the order from PERC is going to be denying the affiliation as a substitute,,. Mayor Ferre; How could they deny the affiliation, that's none of their business? Mr, Schultz; There is an old cliche to fit this, "Hide and watch", We feel It is going to happen. 25 MAR 2 31978 Mayor Ferre: How could they possibly deny your right to join together, my God that would be so illegal it wouldn't last 24 hours. Mr. Schultz: Tnty say they have already made the ballots up. We offered to pay for those ballots. Mr. Hurtgen: They would only deny it for the time being, your honor, they would say effectuate your conciliation after we run our election. it's a timing probes lem only at this pcint. Mayor Ferre: But that's just pure simple mumbo jumbo. Mrs. Gordon: That is the biggest waste of time and money T have ever heard about and I think we need to take a, if it is permissible, Mr. Knox, a position on that. I think we ought to say that's ridiculous and we don't agree that you run it because you've already got ballots, have an election that doesn't call to the issue, doesn't state what you really want. It doesn't make sense. Mayor Ferre: Rose, can we jointly work out right here on the microphone a motion? Mrs. Gordon: That's why I asked Mr. Knox if we're not dabbling in areas we're not allowed to tread. I want to do something about it. Mayor Ferre: Well we can pass a resolution and have it telegrammed to PERC this morning, can't we? At. Grassie: I think that you need to be aware that my impression is that they have ..,et and they have come to some conclusion. They are in the process of advis- ing us what the conclusion is. When we know what that is there may not be any problem. Rev. Gibson: Mr. Grassie, may I ask you a question? Mr. Grassie: Certainly. Rev. Gibson: You know I've even dealt with Washington and this has happened. I don't understand why it isn't reasonably possible for the people in Tallahassee to call us. They call us for everything else and you call them and say, "We've met, this is the decision." Why in the devil do they have to wait until they write it? You know the reason that we have to wait, and I want to share my con- cerns with these people, is because they ain't about to do what we're talking about like good people. That's why I tell you what, Mr. Mayor, I offer a motion that the Manager be instructed to get on the phone and call PERC and ask PERC and report to us when we come back from the recess what is the position of PERC. That's a motion. Mayor Ferre: All right... Well, we're going to take this up again this after- noon is what he's saying. What he's saying is is that the Manager had better call up PERC and get an answer today if possible and if not possible we'll take this matter up this afternoon. Rev. Gibson: Right, deal with it that way. Mayor Ferre: I don't think you need a for that, do you? Mr. Grassie: We'll certainly be happy to do that. Mayor Ferre: All right, will you bring back.... Mr. Grassie: We'll give them every encouragement that we possibly can and make every demand on them... Rev. Gibson: And make it a two party thing, you know have these people a part of the telephone conversation. Mayor Ferre: All right, and would you also so you don't sit around wasting time all day today, we will not take this item up until after 4:30. Is that all right? Mrs. Gordon: Well why 4:30, we may not be here that long? Mayor Ferre: Well 4:00, I guarantee you you'll be here at 4;00. No? Mrs. Gordon: We don't have that long an agenda. Mayor Ferre: We'll take it up at 3:30, we'll be here until then, or subsequent to that. 26 MAR 231978 S� RFFORT ON DAY CARE (DISCUSSED AND TEMPORARILY DEFERRED) Mayor Terre: We're on Item D now. Mr, Grassie: Item D is a report to the City Commission with regard to the Day Care Program. We have several elements to this report, the first one, Mr, Mayor and members of the City Commission, is a report from Howard Gary which responds to a number of staff questions and allegations and you discussed those very brief- ly two meetings ago so that if you have in your packet a memorandum of March 22nd from Mr. Gary the subject being Child Day Care audit that first two page meroranduin is the first thing that he would address and then he will talk about the.,.. Mrs. Gordon: I want to know how we're going to address something you handed us this morning. I didn't even get a chance to skim it let alone read it. Mr. Grassie: We do not expect for you to come to a conclusion, this is a report to you by the date that you asked it. Now the report was concluded last night, I received it at about 7:00 O'Clock at night last night. Mrs. Gordon: Well I had it this morning right here, up here. Mr. Grassie: I understand that. What we intend to do is give you a verbal dis- cussion of this and bring it back to your agenda any time you want to talk about it. But the point at this pcint is to report to you, cover the ground with you and we'll bring it back any time you wish. Mrs. Gordon: Mr. Grassie, if you don't mind I would like to see this whole thing tabled so we have had an opportunity to read this and Mr. Gary can give us his version and we can respond with appropriate questions and so forth. I move to defer. Mr. Reboso: I agree with that. Mayor Ferre: Well let me, I tell you I would like to ... There is a motion on the floor for defera3 and a second and therefore it is open for discussion and I'd like to say that I disagree with both of you and I'd like to tell you why. I think we ought to listen to what the report is because otherwise we're delaying all of this even more and I think after we've heard the report we can ask whatever questions we want and then not take any actions and I commit to you, Rose, that I will not vote in any way or get into any kind of an argument with anybody about anything. Just let's listen to this report. It's already on the record, the news- papers are going to be covering this because it is already a public document and I think it is important that Howard Gary be allowed to discuss it. Mrs. Gordon: I disagree, Mr. Mayor, I don't feel that Mr. Gary needs to give up any of his comments until we have had the opportunity to read his report and be able to question him on it and be familiar with it and that's for that reason I have moved defern;Ert and there has been a second, I ask you to call the question, sir. Mr. Mayor, I asked for the question to be called. Mayor Ferre: We're under discussion, Mrs. Gordon. I, therefore, rule... Mrs. Gordon: Not in private. Mayor Ferrel I, therefore, rule that this matter is still under discussion and the point I'm trying to say, and I'll put it on the record to Mr. Reboso is that the March 9th report is not as significant as the Child Day Care Audit which comes out from the surface of it with some very important statements. Mrs. Gordon: I'm not willing to take this statement .... Mayor Ferre: For example, you know if you'll look on the third page from one to eleven those are strong statements. These things are going to be in the newspaper tomorrow and I think it is just foolish for us to get a report and not hear it. Mrs, Gordon: Mr. Gary certainly had ample time to get this report to us within a period of time to permit us to read it. We have not had opportunity to even become acquainted with it and I don't believe it is regular for you to demand that we receive a report from him when we cannot respond because we have npt had a chance to become acquainted with it and, therefore, I ask you to call the question, sir, 27 MAR 2 31978 Mayor Ferre: Is there any further discussion on item D? Mt, PluitMer, Mt, Plutmner: Rose, until when? Mrs. Gordon: Until the next meeting. Mr. Grassie: I think the point needs to be made, Mr, Mayor and Members of the City Commission, that when you say that Mr. Gary has had ample time to report to you that simply is not the case. Now he has prepared this report as quickly as he could Mrs. Gordon: I'm not blaming him, sir. There is no blame being placed, I am asking for the courtesy, this report was just handed to fie today and it Was not in the backup material that we generally received, had it been there would be no deferment request from me. Mr. Grassie: If I could finish, Commissioner? The point that I'm trying to make is that the way we get ourselves into these difficulties is when we set a report- ing time at the time that you ask us to do something. You see, if you ask us to do something today and say, "Report next Commission Meeting" it may be very poss- ible to do that. On the other hand it may not. Now in this case because of the condition of the records it turned out that it was not. But since you asked us to report we broke everybody's back and we got the report out. Now you know that's the circumstance we have. Mrs. Gordon: And we've got to read it, we've got to get familiar with it. Mr. Reboso: One question, Mr. Grassie, why is the report dated March 9, 1978 from Mr. Parkins to you? Mr. Grassie: I'm sorry? Mr. Reboso: The report that we have here, a letter of concern as to quality and progress of Child Day Care Centers, it is dated March 9, 1978. Mr. Grassie: That's correct. Mr. Reboso: Why we didn't receive a copy of that? Mr. Grassie: You did, that was enclosed with your agenda. Mr. Reboso: Today. Mr. Grassie: No, last week. Mayor Ferre: No, this was March 9th I got and I read Friday. Mr. Grassie: Yes, you got it with your agenda with the regular material. Rev. Gibson: Yes, but you got a part of the report this morning. Mr. Grassie: That's correct. Mrs. Gordon: You got the most significant part today. Rev. Gibson: You got the most significant... to me what I got this morning says something contrary. It says something contrary to what your 9th... Mr. Grassie: Not contrary, Commissioner, but it certainly is additional informa- tion. Rev. Gibson: All right, it is additional. Let me tell you what I heard a lawyer say the other day, He said that one of the best ways to confuse the people who are testifying before a jury is to produce additional evidence that nobody had other than the people who were producing. Now I'm not a lawyer even though I did go to law school for a day, I understand what that means. Mr. Grassie: Could I try and put the various documents which you have in front of you... Mrs. Gordon: There is a motion on the table, Mr, Manager, and I've asked for the question and if it fails then we go into discussion. 28 MAR 231978 Mayor Ferre: And you have that right but the fact is that you're not going to deny anybody here the right to talk about this. Mrs. Gordon: When the question is called, Mr. Mayor, parliamentary precedute requires you to call the motion on the question and you don't have to call the main motion but you will call the Motion on whether to call the question: Mayor Ferre: Are you going to go by parliamentary procedure, Rose? SecaUse I'll tell you in the future 1 just Mrs. Gordon: If you insist on hearing this inspite of, if you Want to hear this in spite of my request to have this deferred. Mayor Ferre: Well the point is this, that your wish is one person. Now there may be four, you don't have my vote on that, you may have four other votes but I think before we vote on it we ought to have a full discussion and you want to deny me tLe same right that you're demanding for yourself and that's to discuss this. And as long as it doesn't, you know conflict with what you want then that's fine. The moment you have a conflict then you get all violent about it. Now just take it easy. Mrs. Gordon: I resent your words, Mr. Mayor. Mayor Ferre: Well that may be, you may resent.... Mrs. Gordon: I think you're more violent that anyone else up here so if you want to use the word violent use it for yourself. Mayor Ferre: Mrs. Gordon, I think that everybody has a right to express their opinions. Mis. Gordon: Yes, in a gentlemanly way. Mayor Ferre: And as long as I'm here I'm going to... Mrs. Gordon: With proper adjectives. Mayor Ferre: Are you finished now? Is there further discussion? Does anybody else want to discuss this matter. Mr. Plummer: What are we voting on? Mayor Ferre: Whether or not we delay hearing the report from Howard Gary. Mr. Plummer: Well that's not in order, Mr. Mayor. Mayor Ferre: Well you tell me why. Mr. Plummer: She called a question, you've got to vote on it. Mayor Ferre: Oh, you mean parliamentarily you call the question to see whether we discuss it or not. Mr. Plummer: That's what I heard. Mayor Ferre: A11 right, call the question. The question is not the main motion now, this is whether or not we cut off debate. Call the question. Mrs. Gordon: Prier to the call, and this is .... All right, call the question. Mayor Ferre: I mean you know what's sauce for the goose isn't always sauce for the gander. ... Rev. Gibson: What are we voting on? Mayor Ferre; We're voting on Mrs. Gordon's call of the question, that means to stop debate or stop discussion on it and I'm just.. Call the question. The preceding motion introduced by Mrs. Gordon and seconded by Mr, Reboso failed to pass by the following vote -AYES: Mrs. Gordon and Mir. Reboso. NOS: Mr. Plummer, Rev. Gibson and Mayor Ferre. Mayor Ferre: Now it's open for discussion. Now, under discussion, does anyone else want to say anything on this? Nit. Plummer: Yes, I want to know what the motion is, the main motion. Mrs. Gordon: The Main motion was to defer this whole item, this entire present ation to the next meeting. Mt. pluMher: The whole item? Mrs: Gordon: The Day Care report. Well what can you do? Mr. Plummer: The audit,yes. Mrs. Gordon: All right, then what you're saying is you want to heat everything but the audit. Mr. Plummer: I want to hear everything I had in my hand five days prior to the meeting. Mrs. Gordon: Ok, all right. Mayor Ferre: The main thrust of... Mrs. Gordon: Do you want to amend the motion, Mr. Plummer? Mayor Ferre: May I finish what I started to say before you interrupted me twice? The main thrust of what is before us is an audit report that was finished yester- day afternoon. What we are about to do as scheduled here is to hear from Howard Gary... Would you put it on the record, Mrs. Gordon, since we're getting to that? Mrs. Gordon: I said you're repeating yourself, Mr. Mayor. Mayor Ferre: What we're about to do here is to hear the report from Howard Gary. I think that is completely within reason. Now, I would agree that we should not come to any conclusions today but to hear the report. When in Government in the Sunshine don't we want to listen to the report of somebody who has been working on this under our instruction? I just can't understand that. Rev. Gibson: Mr. Mayor, Plummer said that all but what was reported to us this morning, you know, so what you're saying is not where we are. We will take all that we have other than that last thing you put on my desk this morning. That's what we're talking about and we don't want to deal with that, my buddy. Mayor Ferre: If you deal with the stuff that you got on Friday and not deal with the stuff that you got today you're only dealing with one tenth. Rev. Gibson: All right, then I have a solution. Let me offer you a solution. The solution is we hear it all together, call a Special Meeting for it. You know I've got no problem with that, man. Mr. Plummer: Look, we're under discussion. Okay? Let me tell you where my problem lies. Approximately two weeks ago I went out and I personally visited all three of the Day Care Centers. Now you know for this Commission to sit up here and haggle about technicalities and audits is all a bunch of garbage in my estimation. Okay? Now let me tell you why. Those kids in my estimation, and it is my estimation, who are being subjected to inferior quality at present couldn't give a damn less about us arguing about reports. All I'm saying to you is that I couldn't care less about all these questions being answered, about the audit or anything else. I said from the beginning, I'll say it again - let's either make those Day Care Centers right and something that we can be proud of or close them because as they presently exist they are horrible. And we're going to sit up here and argue back and forth about a report, about a technicality? The child don't know anything about that. The child knows that he's at a Pay Care Center that doesn't even have a refrigerator and they're serving food, that there are liabilities existing at these Day Care Centers that are just atrocious, But we're going to sit here, and the Mayor talks about bureaucracy? The child couldn't care less about bureaucracy and I couldn't care less, I want to see this Commission do one of two things, either make those Pay Care Centers right or get them up and get us out and close them, Reports are going to run out of our ears until we are blue in the face and everybody is going to be justifying why it isn't their fault. That's not where the answer lies, The answer lies in bringing those things up to proper types of Day Care Centers, something that we 30 MAR 231978 can be proud of and let's worry about the paper work later. Mrs Gordon: You're so right, sir. Mr. Plummer: You go ahead and argue any way you want but that's how I'm going to vote. Mayor Ferre: I completely agree with you, I think you're totally 100% correct. And that's why I can't understand how in the world we would deny ourselves the right to listen... Mr. Plummer: Well may I offer a suggestion? Okay? My suggestion would be that we're going to take a two hour lunch break. Okay? And that each member of this Commission if they feel as I feel that this matter is important because we spend an awful lot of time talking about a lot of trivial things, that we take the time during the lunch break, read this thing so that we can give this administration before we ;save here today instructions of what to do if it is nothing more than planting some damned grass to keep these kids from playing in the dirt. Now you know that sounds awful funny from a guy who for many years people have misconceived that I'm opposed to Day Care Centers. I'm not opposed to Day Care Centers. What I'm opposed to in this particular instance is that, in fact, that we either do it right or get out. Mr. Mayor, I will make a motion at this time, a substitute motion that we avail ourselves of the amount of time necessary hopefully during the lunch hour to read these reports and come back this afternoon and take this matter in its entirety and let's move forward for the sake of the kids and not for the sake of standing up her arguing who is right and who is wrong. I'I1 make that i:: the form of a substitute motion. i Mrs. Gordon: All right. Mayor Ferre: Will you tell me what that is again, the substitute? Mr. Plummer: That we take the time sometime hopefully during the lunch hour to read over this report so that we can come back here this afternoon, come to a conclusion and direct the administration as to what this Commission wants done. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Gorden was passed by a unanimous vote. Mayor Ferre: All right, we'll see you here at 2:00 O'Clock. Thereupon the City Commission recessed at 11:50 O'Clock A.M. and reconvened at 2:12 O'Clock P.M. with all members of the Commission present. 9, PRESENTATIONS, PLAQUES AND SPECIAL ITEMS, A. Presentation of a Distinguished Visitors Certificate to General de Brigada alfoeso T3±noios , firer -tor of tha m tremmlitan Police. in Caracas, Venezuela. B. Presentation of a $1,000.00 check to Mr. E. Feeley of 96X Radio Station "Love South Florida Petition Contest." C. Presentation of a Certificate of Appreciation to Dra. Delia Villar, noted Cuban educator upon her testimonial which is being sponsored by the Miami Cuban Lions Club. 31 MAR 231978 101 REQUEST POR WAIVER OP RENTAL rtEs or MARINE STADIUM PARKING LOT POR BOYSTOWN CARNIVAL. MY. P1umier: Mr. Mayor, I see Father Glory here and I've seen Mrs, Range here# I'm assuming they're here on Items 14 and 15 respectively, Is that correct, Father? Mayor Ferret Mrs. Range, I apologize, I hadn't seen you back there and I'd be very happy to recognize Mrs. Range. We have an unwritten rule in this CoMfission that we always take out of turn public officials or former colleagues and Mrs. Range, of course, is one of the most distinguished and I'm very happy to recog- nize first Monsignor Glory. Plummer, are you going to make the motion? Mr. Plummer: Well Father, it seems like to me we have already passed this, Mr. Grassie, the waiver of the fee for Boys Town. Mr. Grassie: I don't believe so, Commissioner. Mr. Plummer: Well, is this the one I brought to your attention at the last meet- ing about the serving of suds? Mr. Grassie: Yes► but that is different than the waiver of fees. Mr. Plummer: Ok, I'll move the motion to move the waiver of fees. Mr. Grassie: Well, do you want to understand what the question is? Mr. Plummer: Well, I can understand here what it is but it seemed like to me it had been passed. Mr. Grassie: No. Mr. Plummer: That's why I'm willing to move the motion. You obviously want to say something, I obviously want to listen. Mayor Ferre: Don't take too long in doing it in the interest of saving time. Mr. Plummer: Your ten seconds are about up, Mr. Grassie. Look Monsignor in the eye when you say what you want to say. Mr. Grassie: If I can give you what I know about the background on this, Com- missioner, and Monsignor, my understanding is that the two organizations in ques- tion, the Boys Town of Florida and also the West Kendall Jaycees have worked with our stadium staff, Marine Stadium Staff in order to see if they could get a reduction in the daily fees for that facility. In fact, they have negotiated a reduction from $450 a day to $100 a day as I understand it and I believe that agreements have been signed on that basis to use the facility for a three day carnival as a fund raiser. Now that does not involve as I understand it the sale of beer. That is simply the question of fees for the use of the facility. We had understood that based on that signed agreement with the organization that the problem was solved. Since then I understand that Frank Cobo has raised the question again so I'm really not familiar with where it stands at this point other than that a personal appearance has been requested. In terms of the fees, we have already negotiated with the organizations in question the substantial reduction down to the level that I've indicated. Mx. Plummer: Who is going to speak for Boys Town or the Jaycees? Mr. Steven Glenn: I think we have a little bit of basic confusion that I'd like to clear up if possible. The West Kendall Jaycees and Boys Town of Florida are going to be holding a fund raising carnival in the parking lot of the Marine Stadium. We have negotiated the rental fee on the parking lot of the stadium down from a fee of $400 to $100 per day. We are also asking the City's permis- sion to waive the fees on the permits and inspection charges in addition to the stadium rental fee. M. Plummer; How much is that? Mr, Glenn: That's ketween 5 and $600 in addition to the $300 for the stadium rental. 32 MAR 231978 Mayor Ferre: If they don't pay for it We've got to pay for it, i then you know we have to have an inspection. So t mean I certainly.., Mt. Grassie: The difficulty that we get into, Mr. Mayor, and also for your benefit and the benefit of the audience is that when the City does this sort of thing although the City very touch encourages the activity and is supportive of what you're trying to accomplish which is obviously for the general good what happens is that it amounts to a public donation for a private purpose and there are legal limits to what we can do in that regard and they're fairly strict. Now what you're asking the City Commission to do, if they go past what they've already agreed do is, in fact, to make a donation to your charitable cause. That's where we have a problem, Mayor Ferre: See, I think what we can do is we could certainly waive us making any money on it, that I completely agree with. Where I don't think we can move is in the area where we take out of City funds, that means taxpayers' money,any money without really doing it for everybody else. So I think to the point where we waive any income to us that we ought to do to the point that it is going to take money out of our pocket I don't think we can legally do that. Mr. Plummer: All right, so what are we talking about? Mayor Ferre: I don't know. Mr. Grassie: Could you review for us what it is that you would like and then if we can ask Mr. Jennings who is the head of the department .... 4Mayor Ferre: It's very simply, I heard him very clearly. He said he wants a waiver of the $100 that you're talking about which is for three days, that's $300 and (2) a waiver of all the inspection fees and everything else which is about $600. Mr. Glenn: It's between 5 and $600. Mayor Ferre: ... Well I mean if we waive the fees we don't have to inspect and we don't have to do anything then, or do we have to inspect and do all of these things? Mr. Jennings: The organization is merely using the parking lot. They are pro- viding, therefore, portable restrooms and things of that sort. The only expense there would possibly be would be some parking lot lighting expense after dark, very minimal costs. Mayor Ferre: Mr. Jennings, for us to, and I think Commissioner Plummer is about 'to make a motion so we can move ahead, is that the City of Miami cooperate with the Kendall Jaycees and the Boys Town of Florida so that they will have the use of the parking lot at the Miami Marine Stadium from April, 7, 8 and 9, 1978 at no expense to them and no expense to us. Okay? So wherever those two things meet that's where it's at. Mr. Grassie: We can't accomplish both of those things, Mr. Mayor. Mayor Ferre: Yes you can. Mr. Grassie: If there are expenses somebody has to meet them. Mayor Ferre: No, at no expense to us and no expense to them means that they have got to pay those things that cover our expenses, our costs, beyond that there is no expense to them. Mr. Grassie: Maybe what you mean is no expense to us and no profit to us. Is that what you're indicating? Mayor Ferre; That's correct. That's a better way of wording it, i stand cor- rected. No expense to us and no profit to us, Mr. Grassie: But there will be expenses and, of course, they would meet the expenses, the direct expenses but there be no profit to us, Mayor Ferre; Well, the expenses are the lights, what else is there? Mr, Grassie; Whatever they are, I don't know, Mr, Jennings; Very minimal, 33 MAR ”1978 Mayot Ferre: Ok, that solves the problem and I think that snakes it legal. Mr. Jennings: And for Commissioner Plum ner's edification, I think we have eY solved the beer situation, have we not? Yes. Mr. PluMMer: Is that resolved? Mr. Jennings? Well, yes, 1 have discussed it with Mr. Cook who is ..,. Mt. Plummer: Don't say beer say suds. Mr. Jennings: Suds, yes, sir. The following motion was introduced by Commissioner Plummier who moved its adoption: MOTION NO. /8-188 A MOTION REFERRING THE REQUEST OF THE WEST KENDALL JAYCEES AND BOYSTOWN OF FLORIDA FOR WAIVER OF RENTAL FEES FOR USE OF THE MIAMI MARINE STADIUM PARKING LOT TO THE CITY MANAGER WAIVING ANY PROFIT TO THE CITY BUT REQUIRING THAT SUCH ORGAN- IZATIONS PAY OTHER EXPENSES INVOLVED. 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 Manolo Reboso Mayor Maurice A. Ferre NOES: None. 11. PERSONAL APPEARANCE: ATHALIE RANGE REGARDING AFRICAN SQUARE PARK, Mayor Ferre: Mrs. Range. Mrs. Athalie Range: Thank you Mayor Ferre and Commissioners. My name is Athalie Range. I reside at 5727 N.W. 17th Avenue, Miami, Florida. Mayor Ferre: Mrs. Range, you're the only person in the City of Miami that doesn't have to do that in this chamber. Mrs. Range: Thank you, Mr. Mayor, I shall remember that. I have come today, lady and gentlemen of the Commission, for I don't know how many times really so I'll simply say for the nth time to discuss with you very seriously the standing of the African Square Park and to seek your help in whatever way you can give it to us. I have here some pictures that I'm going to ask Bernie Dyer to pass around to you and when he finishes I'd like to talk with you about the status of the park as it stands. In the meantime while you're looking at the park just in order to bring us up to date on where we are today we need to go back just a few years. This park was ten years in coming into reality. The contract was let about 4-7-77 with an understanding that the park would be completed, all things being equal at least by October 7th. Bad weather brought us up to the month of November and other circumstances some of which I know and others of which I do not brought us to the 18th of December at which time we came before this Commis- sion to ask its permission that we be allowed to open the park and that we be allowed to begin activities there. We had what I consider a pseudo -opening on the 18th because even though it was promised to us in a condition that could be usable with some reservations on the 18th it was certainly not this by any stretch of the imagination, nevertheless, we went on with the formal opening. Since that time the park has been promised to us in a finished condition more times than I can remember. The dates just became like another date on the calendar and each time we seeked some relief we always got a date that was a little later away. Now please believe me when I say that I trust this is going to be the final time that I'm going to have to come before the Commission so please bear with me if I'm a little lengthy about it, We have put forth every effort in order to keep from washing your valuable time to work with staff. We have had conferences with Mr. Grassie, We've had conferences with Mr Moon, We've had conferences with Mr, paugherty and anybody else who we felt could give us some information as to what is actually happening and what has caused the delay in the completion of the park. We've talked with the architect who at our request have flown in here from New York on several occasions, all of this since the 18th of December, We have 34 MAR 231978 talked with the landscapers since the 18th of December and I see a numbet of people here who I have identified who were here and I trust they ate here to defend themselves because I am certainly the aggressor at this point and t in= tend to say things just as I see them. Bernie, would you get those pictures so that I might refer to them? 1 intend to call the shots just like I see then ladies and gentlemen. If you were to go to that park this afternoon itttmediately after 3:00 O'Clock when school is out you would find 1 can safely say at least 150 children playing on this park in the condition in which it is. I want to point out one or two things to you. we have a picture here, and I don't know whether you recognize it for what it actually is but these three pictures, lad- ies and gentlemen are pictures depicting a wading pool. When I say pool, what comes to your. mina? 7 don't want to he rude, but the appearance, the wading pool has the appearance of a cc sspcel. It actually has, don't you agree, Rose? Mrs. Gordon: Sure. Mrs. Range: You see it. '7.he maroon for this is not because the children have mistreated it but simply because the water was put in several months ago, the sprinkler system is not yet completed consequently there is no place for the water to reverberate itself `if that's the correct wording) so the water lies there stagnant, dust., debris, everything is there and why is this happening? This is happening because on the 1Eth of December or the meeting prior to that when we came to talk with you about the condition of the park and to ask you for a budget you very kindly gave us something I believe about $112,000 for the gearing up and the operation of this park. I was certainly most surprised and actually hurt a few days ago when it came to my attention that poor little old African Square just had not been put in your budget. Now ladies and gentlemen, if I'm wrong then I strand corrected but I think at this point when I get the information that tomorrow meaning Friday your staff will be going to the CETA organization to stand in line to ask them for money to operate African Square Park then I'd like to know really where do we stand. The $427,000 that has been spent or will eventually be spent for African Square Park are the taxpayers dol- lars designated by you for this purpose and it's hard for me to believe that money for the operation of this park is not in your budget especially after you, you the commission., said tc us that we could have our budget in order to gear up and now we find that somebody on our behalf is going to stand in line at the CETA meeting tomorrow to ask them to give us some money to partially do what you have already said was all right and that which could be done. This is what is happening on the budget. Mayor Ferre: Mrs. Range, I think we really ought to at this point throw this whole thing over to the Manager and have him and staff respond and then we can get into the why's, the whereof's and what next because what we want to do here is to get on with solving whatever problems obviously exist and I think what we need to do is get a definition of not only who is to blame which I'm interested in but not as interested as solving the problem. If it's not in the budget solve it. Mrs. Range: I would be perfectly willing. I sincerely hope, however, that you are going to give me ample time to complete my presentation. Mayor Ferre: Yes, of course, would you prefer to do it now or do you want to get the Manager's input into this? Mrs. Range: I think I would like to get into whatever I have to say and then if we may. Mayor Ferre: Okay, go ahead. Mrs. Range: One of the other hopes and aspirations of our organization in bring- ing about this African Square Park was that one day we could make the City of Miami very proud when we would have won one of the prizes from the Beautification Committee for a park well done because it does have all of the earmarks of being one of the most beautiful contact parks in the City of Miami. But I'm glad to see that the landscaper is here, the landscaper is here. Mayor Ferre: Who is the landscaper, Mrs. Range? Mrs. Range: Mr. Banraman and his company. Let me show you What has hap- pened with Mr. Bannaman and his company, These trees that you see there repree sent trees that were planted in this shortly after the 18th of December but let me tell you what kind of trees they are. These are trees where the roots project out and break the walks in a short period of time. They are not infant trees, they are not saplings. They're big trees and to have these trees placed there is a complete waste of your dollars and cents and my dollars and cents, 35 MAR 231978 Mayor Ferre: Who made that decision, Mrs. Range? Mt. Range: The decision, Mr, bannaman tells to that the decision was made by the ttee pickers, whoever they ate, people from the City of Miami and frottt the New York office and whoever go out and tag the trees and he goes behind theth and brings the trees and plants them and now these trees will be a ruination to this park if they are allowed to stay there; that 6 or 7 huge trees that need to be taken out. Let to tell you some more about the plants. We have on the front side of 62nd Street plantings that have already been taken up for a first or second time because they were not proper plants. We have on the back side of that park, we have several excavations dug where trees are to go in. This serves as a very bad situation for stall children. This is a free access park, there is no way of locking the park up until it is finished. These excavations are there, children come every day to play in this park and this is a condition which is existing here now. You have your park completely painted, all of your bare walls have been painted and if you speak of a touch up job somebody is going to have to pay for a complete repainting of all of those walls because everything has now over the months in which the park has been painted and still not yet completed the paint is suffering because of this and you would know better if you came out to see it. Let me be very clear about this: One thing I'm proud of, this park is not suffering from abuse. Would you believe that the light bulbs, attractive light bulbs have been since the 18th of December and children who we say when we say that deprived children have a tendency to destroy, t feel very very proud in saying to you this afternoon that not one light bulb has been destroyed and those are large expensive lights and bulbs. Not one light bulb has been destroyed, not one piece of glassware in or around one of the buildings has been touched. The children only come to play and to enjoy, young children, sub -teens and teenagers are all there. We have no problems there whatsoever. Yet, the time has come when we would like to begin gearing up because the last report I saw was that the park would be completed on April 1st but ladies and gentlemen, I would stand here on my good name and say that if that park is com- pleted on April 1st then I will pack my own bags and go to South Florida State Hospital voluntarily, nobody will have to send me there. Really, I am that con- cerned about the treatment that this park received. Aren't you tired of hearing Athalie Range and AFrican Square Park? Aren't you weary of it? I'd like today if you have the time just to ask you to come visit with me at African Square and see what I am talking about. These pictures cannot begin to depict the actual circumstance of that park. Now I'm going to hush in just one moment, Mr. Mayor, then I'll try to say as little as I possibly can. To get back to the budget, in order to properly carry on the activities at that park we brought you a budget, we thought that it was fair, I think that you felt that it was fair in view of the fact you passed on it. Some of the conditions existing at the park today need immediate attention. We need people there who are going to begin to gear up for whenever the park is ready. We've had people on stand-by lists waiting, we have our concessionaires waiting ready to go to work. The last budget I saw, the one which is going to be presented to CETA tomorrow has cut down on some of the needs that we have in that. I see that our coordinator will be there for 65% of the time yet there are nine working who will be there 100% of the time. I take issue with this lady and gentlemen, how are we going to have nine people there without any supervision whatsoever? I think that we need this at least on an eight hour day and I think this is most important, this is one of the out- standing features that I saw in the CETA budget. I'm here to tell you I don't think it is going to work that way. The park is very small, it is quite compact and you're going to need constant supervision on that park. Now this is what I have to say at this time. Mr. Daugherty is here and he doesn't like some of the things I've said because he has promised me a budget everytime I've seen him. The budget was forthcoming. The landscaper has told me it is going to be a beautiful park but he is putting in what the people said ought to be put in. I have not attempted to contact Mr. Moon lately because I think that anything I say to Mr. Moon now would be completely repetitious because I've said it so many times before. So I am here to answer any questions, take any rebuffs, to apologize for anything that I might have said wrong. Nevertheless, that does not help the condition of the park that's sitting out thereon 62nd Street today, Mayor Ferre: I thank you, Mrs. Range. Mr. Grassie? Mr. Grassie; Mr. Mayor and members of the City Commission and Mrs. Range, I think the basic frustration Mrs. Range is expressing is frustration that we in the administration have felt at feast as much as she has because we have direct responsibility for getting the project done. We have a contractor whose last day for completion of that given all of the extensions that he could claim, weather and everything else was obliged to finish that project by December 10th, We have been charging that contractor $100 a day for every day since then that he has not _finished that project, Mayer Ferre; $100 a work day? 36 MAR 2 a 1978 Mr Grassie: Yes. Mayor Ferre: From December 1.0th? Mr. Grassie: A hundred dollars a calendar day. Mayor Ferre: A calendar day from December 10th? Mr. Grassie: And there appears to be nothing that we can do to get that con,. tractor to finish that job. Now, let me tell you that we have the staff, partic,, ularly Neil Daugherty who has been worrying about this and watching this project for months. Mayor Ferre: Ccu d weget Neil Daugherty up here for a moment after you finish? Mr. Grassie: Yes. What I'm doing right now is to suggest to you that we ask Neil Dauger_y to review the project: with you and to give you the most current status on it. Mayor Ferre: Mr. Daugherty. this project is now 103 days late, at $100 a day the contractor is going to be fined $10,300? Mr. Daugherty: $1,400 light now today. Mayor Ferre: How much of a retainer do we have? Mx. Daugherty: Mr.. Moon? Mr. F.. G. Moon: We paid the contractor $365,O000 and we're holding $40,609 and uncompleted wcrk is $20,500 so we actually have $61,000. Mr. Plummer: What was the last day he worked? Mr. Moon: Be is working now, re and the landscaper. Mayor Ferre: Is the contractor's rep here, is there a contractor here? Mr. Moon: The contractor is ;ere: and the landscaping subcontractor. Mayor Ferre: Are you the contractor, sir? All right, we'll be asking you ques- tions in a moment. Go right ahead, Mr. Daugherty and tell us what the problem is and why we can't get off. Mr. Daugherty: Okay. Basically we have two problems, one of which is the com- pletion of the construction. We've had quite a few problems, one of which has been with the landscaping and we anticipate that this will be completed by the first week in April. Mayor Ferre: The first week of April I might remind you is exactly a week away, a week and a few days away. Mr. Daugherty: Yes, sir. That is the last projection that we have been given and that they will complete the park by the first week in April, the total park. ... The first week. Mayor Ferre: The first week, ten days from now. Mr. Grassie: But we have to tell also that we have had dates repeated to us as Mrs. Range says. Ycu know we have probably had 15 dates by now by when it was going to be done, So it's a real problem. Mr. Daug't:arty: Mr. Moon is our construction person. Mr. Moon: We have been told that the landscaping will be completed by the end of March, I doubt it. We have the landscaping subcontractor here. Now that will be completed except for 24 black olive trees which are being root pruned now and will be coming in sometime during the week of April 17th. Mayor Ferre: Well, the thing that concerns me the most is the safety aspects of it, that wading pool, the sand and all these tubes sticking out of the ground where kids can trip and hurt themselves. MAR 2 1978 Mr. Moon: The wading pool, there was a pump in there too large, it is being replaced tomorrow. The Ficus ttees have been ordered out with the.... Mayor Ferre: Whose mistake was that, ordering those big Ficus trees? Who in the world would put Ficus trees? We all know what Ficus trees do. Mr. Moon: Well, you're looking at me and the landscape architect, the consult ant. We gave in on, they couldn't find the trees specified, we made several sub,. stitutions and... Mayor Ferre: You know I'll tell you I'm not a tree expert but let me tell you something, everybody in Florida who has lived here more than six months knows that Ficus trees grow and grow and they've got roots that destroy everything. They take pipes, they'll completely destroy that wading pool. Mr. Moon: We realize that now, but you had.... Mayor Ferre: You realize it now? Mr. Moon: Wait a second. You had a New York consultant on this and a Construc- tion engineer that didn't know his trees. Okay? We've been doing everything possible to complete this park and we were giving ground so we could complete this park. Mayor Ferre: Mr. Grassie, don't we have a Parks Department that knows, don't we have people that know something about parks and... M.r. Grassie: Yes we do, but they didn't have any responsibility for choosing the parks, Mayor. Mayor Ferre: Not the parks, the trees. Don't we have a tree expert in the City of Miami? Mr. Grassie: They weren't choosing the trees either. Mr. Moon: That was my fault. I as architect should have contacted the Parks Department before approving that decision. We've rejected those trees, they are coming out. Mayor Ferre: Questions from the Commission? Mr. Grassie: The landscape firm which is represented here may be able to answer some of your questions. Mayor Ferre: Are you the landscape... How long have you lived in Florida? UNIDENTIFIED SPEAKER: Twenty-six years. Mayor Ferre: Do you know that Ficus trees have long roots? UNIDENTIFIED SPEAKER: Yes,I do. Mayor Ferre: Do you know that Ficus trees eat up the pipes and all that kind of stuff? UNIDENDIFIED SPEAKER: Yes,I do. Mayor Ferre: When you saw the order to put in Fiscus trees didn't you call the man up and tell him, "Don't you know what Ficus trees do?" UNIDENTIFIED SPEAKER: I have a boss, my boss is Scope Costruction, I follow orders from Scope Construction. Mayor Ferre; Who is Scope Construction, is he the general contractor? Could we get the boss from Scope Construction here? Well, let me ask you something, did you tell him about the Ficus trees? UNIDENTIFIED SPEAKER; My boss mentioned it but it wasn't actually Scope Construc- tion, we have to go all the way back to the architect and I have to agree with Mr. Moon, The architect that the City hired don't even know the type of tree that he put in his landscape, Mayor Ferre; Who is the architect on this, Bernie? 38 MAR 231978 INAUDIBLE Mayor Ferre: Where are they from? Mr. Moon: New York, Freeburg and partners. Mayor Perte: Why did we go pick out New York architects? Mr. Moon: I don't know. Mr. Plummer: Whoa, wait. Bernie, correct me if I'm wrong. Wasn't this the firm recommended by the Martin Luther King Association? No? Somebody recot- mended that firm to us. Mr. Bernie Dyer: First of all I think that the trees were substitutions for what was originally intended. The architect did not originally intend Ficus trees. That's #1. UNIDENTIFIED SPEAKER: The architect also made Ficus tree a substitute so, there- fore, he approved it. Mr. Dyer: He approved it after it was recommended as a substitution by the landscaperas I understand it. UNIDENTIFIED SPEAKER: Right, because the Black Olive trees weren't available at that time. Mr. Dyer: Yes, well the landscape people were the ones who decided to use the Ficus as a substitute. The architect originally had used trees that wouldn't have caused the problem that a Ficus would cause. So I mean we can bounce the ball around but I don't know how you're going to settle this... UNIDENTIFIED SPEAKER: Actually it is already settled. Mr. Neil: Nevertheless, we're going to take the trees out. Bannaman had author- ity to transplant these trees, I have a letter in the files.... Mr. Plummer: Sir, for the record would you state your name and who you represent? Mr. Frank Neil: My name is Frank Neil with Scope Construction Company. I have in the files a letter of authority authorizing us to insta).lFicus trees in sub- stitution of Black Olives because they were not available. These were author- ized legally and legitimately by the architect. I can produce a letter proving this. Mr. Plummer: All right, I take you word for it because really it's immaterial, they're coming out, the mistake was made, it was recognized. Now more importantly, sir, what position do you hold with this company? Mr. Neil: I'm Vice -President. Mr. Plummer: And why is the President not here? Mr. Neil: He's out of town today. Mr. Plummer: All right, would you please tell me and the rest of this Commission why from December loth which was the date of completion until this date, how long ago did they start working back? A week ago, three days ago? Mr, Neil: May I answer your question sir? Commencing August of 1977 this job was ready to commence landscaping. At this time we instituted a vigorous by telephone communication with the architect in New York and by writing to commence tree selection. We knew, had been informed by landscapers due to severe freeze of 1976 that a lot of these trees are not even in existence especially ones that would meet specifications. Then the architect, the landscape decisions fell in a state of limbo. No action was taken and on or about November the 18th we were instructed to go to the city landscape architect, Mr. Ostroffs and get tree sel- ections, visit nurseries with Bannaman and tag trees and make tree selections, Mr. Ostroff informed our office he was not available, his schedule did not per- mit him the time to select trees. We then made another effort, the authority then was de.ec�ated to Ronald Frazier, and associate architect from the project to select trees and substitute, He and Bannaman, this is how the Ficus trees got placed on the project. They selected Ficus trees in lieu of the Back Olives, Mayor Ferre: Look, let's go a little quicker because you know we're going into all of these little details and you're losing everybody right now, tees get fight to the point. Now do you have anything else that you want to add to your statement? Mr, Neil: Yes, we couldn't get a decision made on trees. The final decision in selecting ttees was March 14, 1978 before any decision, final decision on trees, The trees were selected March 14th and 15th of 1978. Mayor Ferrer Mt, Grassie, are you hearing all of this? The final decision on trees was made March 14th. The contractor says that he couldn't get things dohe because decisions were not being made by the city. Mal.^h 13th, we stand corrected. What else have you got to say? no you have anything else you want to say? Mr. Neil: Yes. This project has been complete structurally for several weeks, all the list items have been corrected. The only thing left is design discreptancies such as the pump in the fountain. It is over designed, the pump blows the fittings, it has to be changed out which we're changing now at no cost... Mayor Ferre: Is that an architectural fault, is that a problem with the archi- tectural design? Mr. Neil: It is a design discreptancy. Mayor Ferre: All right, anything else you want to add? Any questions of the landscape architect? Any questions of Neil Daugherty? Any questions of Mr. Moon? You want to say something? Mr. Moon: Yes, I'd like to ask the landscape architect when he is going to be finished with the landscaping except for the 24 Black Olive trees. What we're after is to get this park substantially completed so we can stop liquidating damage and start the use of the park and right now it falls in the hands of the landscaping sub. UNIDENTIFIED SPEAKER: Ok, all I can promise you, and tell you the truth and the way it is, just the way it is. Okay? We can complete three fourths of the amphi- theater, no more because of the fact that the trees that have been selected by the architect, the city inspector, myself and others will not be ready for four weeks. Mayor Ferre: Mr. Grassie, did you hear that? Mr. Moon: No, I'd like to repeat my question. Mayor Ferre: Wait a minute, I just want to make sure the Manager understands what's going on here. Now there has been a statement made by one of your subordin- ates here that that park is going to be finished by the first week of April. Now we have just heard the landscape contractor make a statement and here's the way he prefaces it, since you were talking and I want to repeat it for you, I don't want you to miss this: He says, "You want me to tell you the truth, all right, I'm going to tell you the truth. The truth is that we can't get but 3/4 of it done maybe in the next month". Mr. Grassie: What Mr. Moon said if that's the subordinate we're talking about, what Mr. Moon said was that the date that he had been given was the first of April and he doubted that it could be done. That's what he said. Mr. Neil: We admit that the 24 Black Olive trees won't go intil the middle or latter part of April but these 24 trees won't hinder the use of this park. Mayor Ferre: They will if all those pipes are sticking up out of the ground. Mr. Neil: No. Mrs. Range: Mr. Mayor, the park is being used as is as a big dirt lot you might say, I don't know what is to happen to the alleyway, there has been no grading down, there are so many things. Let me just point this one thing out and then I hope I will not have left anything out, Early this year when we had the, when I personally called the architectural firm and had them send representatives in here to look at the situation it was discussed, I can't say that it was decided but it was discussed and suggested on the site that what needed to be done was to pull the Performance Bond of Scope Construction Company, I think Mr, Moon or his representative was there, We haven't heard another word about it, ladies 40 MAR 231978 and gentletinen, we just feel like it is something out there in the ghetto you knots and we don't like to get into this kind of thing but we feel that it something out there in "Gertz City" and the kids are enjoying it and the people stop by oh their lunch hour or froM work and sit around the tables and eat their chicken or bathe.. que or whatever they have so they're having a good time so let's leaVe theM alone. This is really the way we're beginning to feel and I don't like to have to feel this way but that is apparently what is happening. intelligence would tell Me that the Performance frond should have been pulled long ago, this park is alMost a year overdue. Mayor Ferre: Father. Rev. Gibson: Mr. Moon, I'm not a builder but I just got through building a house and I was the contractor of record. If that park is ready by the first of the month with all that I saw as late as yesterday that needs to be done it will be a mystery to me. I want to say that again. I am not a builder nor a city inspector 'out I am of record, I built my own house that I have just finished. I'll have the city come and inspect it in a few days and I'll tell you this, if you get that park on the first of the month you make sure and come back to see me. Mr. Grassie, I'm going to give you a Coca Cola, I haven't gave you anything since you've been here, I'm going to give you a Coca Cola if you get that park finished QED by the first of the month. Mr. Grassie: I wish that we could, frankly. Rev. Gibson: Mr. Moon, let me tell you this: representing the city you've got to do a better job than that, man. You know I was out there at that dedication and a lot of my friends are contractors - you wouldn't know this - but no way in the world was that project have gone as anywhere else and not pull that perform- ance bond. Now Mr. Manager, I have taken the pressure and the heat out there about that park, I ain't taking no more after today. Mr. Grassie: Well, let's find out whether we have an alternative because if this is an alternative we may want to exercise it. Now the question of pulling the performance bond has been talked about. Now under the existing contract with the contractor is that an alternative for the city? Mr. Moon: No, something along that order would take many months to complete this park. I believe it is in the contract specification, that would require time, we'd have to give them notice if he didn't perform. We would have to come back to the Commission with a certification and then we'd have to readvertise for some- one else to finish the project. We're trying to get this finished as quickly as possible. Mayor Ferre: The thing to do is to get all these people together and finish that park. Mrs. Gordon: You know what, Mr. Mayor, you ought to call for an update on this at every commission meeting until it is finished. Mayor Ferre: All right, we're going to have.... Mrs. Gordon: And that way you know they'll betiding herd... Mr. Moon: Well, it won't be finished by the first, gentlemen, I've got the two men here and the landscaper can't get everything, I don't think he can and that's the holdup on this park is the landscaper. Mayor Ferre: Mr. Moon, Mrs. Gordon has made a statement which everybody on this Commission backs up. You're going to be here and I would like to have the con- tractor both of them at every single Commission Meeting till this park is fin- ished. And Mrs. Range, we'll let you know of the time. Mrs. Range: Thank you, Mr. Mayor, I just have one other observation I want to make and a question I'd like to ask. The park is not going to be a success un- less it is Properly supervised With our only hope now of receiving money from the CETA program which has been in the newspapers for so long that we're a little, you know I don't know really where we stand with that but let's be just a little pessimistic about that, Mr. Grassie, and just in the event that CETA does not see fit to fund this park where do we go from here? Mayor Ferre; Mrs. Range, we've got the Chairman of it right here. The Chaiman of the Consortium is Rob Parkins. Mr. Grassie: Mrs. Range, the city has already agreed to staff the park You know the problem we have of working with CETA really you should consider our problem. You know you should hot assume that that is your problem. We have to work it out with CETA and if we can't work it out we'll have to find another answer. Mrs. Mange: I see, all right, thank you. That sounds good. Now just one more and then I'm going home. Now if the park really, if miraculously that park opens on the first of April or the first week in April or whenever, let's say whenever, are you saying how that we're going to have the money in hand to hire our coordin- ator, our people? Are you saying that we're going to have that money? You see we need gearing up now for that park. If it is going to be open within the next few weeks reasonably speaking then ate you saying that the money will be avail- able to us within the next few weeks to begin putting people on staff? Mr. Grassie: Well, I have the disadvantage that I'm not as current with your agreement as you are, of course, I don't know the details of it as well as you do but I know that Mr. Daugherty has been working with you on it and I know that he's committed to make sure that we don't miss the deadline in terms of getting staff for the project. So the thing that you ought to feel sure about is that when we open the project we're going to have the staff for it. Mrs. Range: Right, that's what our concern is. So any way it goes we will have staff and it will be staffed properly. Rev. Gibson: Let me ask a question, Mr. Manager. If what I saw yesterday is any indication of what is, I want to make sure the Mayor hears this, if what I saw yesterday is any indication of what is... Mayor Ferre: What did you see yesterday? Rev. Gibson: I went and saw it. What's there you can't imagine based on the word description you're getting. Why aren't you putting people out there now to give those children a sense of direction and help them to utilize what is there since we partially opened it? I saw some three year olds on that slide board and you know we've got to be crazy. We've got to be crazy. Mr. Grassie: Let me try and describe for you, Commissioner, the kind of posi- tion the city is being put in. This is why I said in my first response to Mrs. Range's comment that we are at least as concerned aboutthis as she and the neigh- borhood are because what happens is this. If the City takes what is called constructive receipt of that park, if we accept responsibility for running the park before it is done what in effect we do is remove any responsibility from the contractor for anything that happens in that park after we step in. The pressure is off him, the pressure is on us. Everything from that point is our problem. Now we're never going to get the park finished if we do that, you know he's never going to finish the park. Rev. Gibson: I want to agree with you, I see that danger but I want you to answer this. You have the staff in the storehouse waiting to take it out, is that what you're telling me? Mr. Grassie: Well, we don't have them standing by idly, no but what we are say- ing is that the park will be staffed when the city accepts it, when it is fin- ished. As soon as it is finished.... Rev. Gibson: Ok, I make a motion in the sense of Rose's explanation a few min- utes ago that every meeting, I want this in a motion, that every meeting until we get that park in our hands and say it is finished that both the building contractor and the landscape contractor along with Mr. Moon appear at this meet- ing and give us a report. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO, 78-189 A MOTION DIRECTING THE CITY MANAGER TO MAKE A CONTINUING STATUS REPORT AT EACH COMMISSION MEETING UNTIL THE AFRICAN SQUARE PARK IS COMPLETED AND FURTHER REQUIRING THAT THE BUILDING CONTRACTOR, THE LANDSCAPE CONTRACTOR AND MR, MOON, OF THE DEPARTMENT OF PUBLIC WORKS, BE PRESENT AT SUCH MEETINGS, Upon being seconded by Commissioner Gordon, the motion was Passed and adopted by a unanimous vote, 42 MAR 2 31978 Mayor Ferre: Mts. Range, I ho pc that we'll see you here on April 13th with a very big smile on your face. Mrs. Range: I will just come and observe each meeting until April 13th if you don't Mind. Mrs, Gordon: It will be a pleasure to see you but I'm sorry to bring you under these circumstances. Mrs. Range: No more fighting, thank you. i i i 43 MAR ` 1978 12, SEMI-ANNUAL PUI3LIC HEARING: CERTIFICATES or PUBLIC CONVENIENCE AND NECESSITY, Mayor Terre: item No. 13? Mrs. Gordon: Is there anybody here for the public hearing at 2:30 P.M. on Mr. Mayor, are you going to get this Lay Care thing on the toad? Mayor Ferre: Rose, as soon as we get through this public hearing matter, which we can get through in 30 seconds. Mr. Plummer: Mayor Terre: 13. Mr. Plummer: consent that Mayor Ferre: Is there anybody here in objection to item No. 13? I move it. All right, it's been moved by Plummer, seconded by Gibson, item For the record, Sgt. Webb is here and by his silence gives his everything is in order. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-190 A RESOLUTION TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre 13. REPORT ON DAY CARE. (CONTINUED). Mayor Ferre: Now we are back to the morning item which is item No. D. At this time, Mr. Manager? Mr. Grassie: Are we taking up item D at this time, Mr. Mayor? Mr. Plummer: D, as in Day Care, Mr. Grassie; I would then like to ask Howard Gary to start in on the descrip- tion for you, Mr, Gary: Mr, Mayor, Commissioners, first of all I'd like to inform you that this was totally a fiscal audit and has nothing to do with the quality of service or Day Care services being provided at the facilities, that needs to be under- stood from the beginning. On February 2, 1978, the City Manager directed the Department of Mana$ement and Budget to do an audit on the Day Care Program, This order was precipitated 44. by a meeting held between the City Manager and the Director of the Department of Citizen Services whereby a memorandum with various allegations about t.3tong., doings were made about the Day Cate Program. Now, those allegations and out findings I will discuss briefly with you, firstly. Mr. Plummer: Excuse me. for the record, who made the allegations? Mr. Gary: The allegations were made by people associated in the Day Care Pro- gram but the memorandum was written by the social coordinator of the Depart= ment of Citizen Services as a result of all the information she had received from all those people associated with the program. Mr. Plummer: Who is she? Mr. Gary: Ms. Calderin, she works for the Director. Mr. Plummer: In this memo then, do I understand this memo is merely to other people who had made accusations and she was forwarding these accusations on or had she investigated this and found that there was a basis for these accusa- tions? Mr. Gary: These allegations were made, she was just forwarding them on. Mr. Grassie: I believe, Commissioner, that you received a copy of that memorandum, but in any case the 8 points are summarized in Mr. Gary's first memorandum in your package... Mr. Plummer: The March 22? Mr. Grassie: ..the March 22 memorandum, the eight points of allegations on the face of that memorandum. Mr. Plummer: All right, so these allegations were made by people who worked in the program? Mr. Grassie: By staff people to Ms. Calderin who is the supervisor for that activity. Mr. Gary: All I can do right now is to go through each allegation and give you our findings as the result of the audit. The first allegation was that each Day Care Center had a private bank account and that the funds in these bank accounts were being utilized to throw a party to be held on January 10. Now, our findings revealed that there are bank accounts and that the bank accounts are private bank accounts which are funded, maintained and controlled by the Day Care parents. No City funds are involved, it was mainly funded from contributions made by the parents. Now these are private accounts, we asked to see the accounts to see how the monies were being expended but we were informed that they were private accounts and that we really had no jurisdiction. We verified this with the Law Department. So in view that they were private funds they can be used as the Day Care parents deem appropriate, so if they want to have a party so be it, they are not City funds. Mr. Plummer: How is the fund titled? Mr. Gary: The Day Care parents incorporated with the signatories as the Day Care parents themselves with the person in charge being, you know, allowed to sign off on it. Mayor Ferre: But those are all private funds? Mr. Gary: Private funds. Mayor Ferre: So we have nothing to do with that. Mr, Gary: Nothing. Mayor Ferre: There were no governmental funds used. Mr. Gary; No governmental funds. Mr. Plummer; No solicitation was made in the name of for those funds? the Day Care Centers 45 Mt. Gaty: 1 can't verify that without looking into that. Mr. Plummer: tf there were solicitation of funds made in the name of the Day Care Center then it is important. (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mt, Plummer: Very simply, if they go out -and I'm tot making any accusation- I am trying to say where I'm coming from, if the fund raising is agreed upon and they go out and solicit funds in the name of the Day Care Centers and those funds go into a private account, yes sir, there is something wrong with that. Mayor Ferre: But Plummer, who is going to ask for funds in the name of who now? Mr. Plummer: I don't know, where did the funds come from? Mayor Ferre: From the pockets of the parents. Mr. Plummer: I don't know that, Mr. Gary has not indicated... Mrs. Gordon: The parents are here today, J.L., and shaking their heads so if you want to get a verification ask them. Your name for the record, please. Mrs. Morris: I would like to gig I am the past President of the P.T.X.TAs. and I handled the funds for their P.T.A., the funds exceeded $1,700.00. I realize that you cannot do that, you cannot go out and solicit funds for the City of Miami. We did not do that. Mr. Plummer: These were funds then -you are stating for the record- these are funds which came from the parents solely for these purposes. Mrs. Morris: Right, and none of the funds were ever spent. Mayor Ferre: Okay, we've got to move along. Next. Mr. Gary: The second allegation was that the Director of the Program, Mrs. Robbie Chandler was overstating the requisitions to the U.S. Department of Agriculture. In essence, what this is saying is that she was overcharging or claiming to have served more people than she fed when she charged the U.S. D.A. for it. We found that that allegation was true. If you turn to page 2 of the Report from the period of October 1976 to December 1977 We found that the number of meals served was overstated by 3,235, and this was based on an analysis of the people in attendance which the number of meals cannot exceed versus the number of people reported on the U.S.D.A. Requisition for Reimburse- ment. Mr. Plummer: Where did these overbudgeted funds go to? Mr. Gary: To the General Fund, I mean..not the General Fund but to the City Fund for Day Care. It did not go into anybody's pocket. Mr. Plummer: I didn't...I'm just asking. Mrs. Gordon: Well, on page..one of your pages, Gary, you know, I asked for a delay so that 1 could have a thorough...time to study this but in the short period I had it's number C-2, you indicate the City was entitled to more money than the money claimed so are you saying the opposite now? Mr. Gary: Are you on page 11? Mrs. Gordon: They are not numbered, these aren't numbered. Mr, Gary; My pages are numbered. Mayor Ferre: Yes,,,. Mr, Plummer: At the top of the page, Rose. Mr, Gary; Top of the page, Mayor Ferre; No, no, no, Rose the Report, of the Report,,, 44 Mrs. Gordon: Well, I've got the Report.+it's a loose.. -leaf... Mayor Ferre: No, behind it.. Mrs. Gordon: Well, I'm reading from this page Gary, right here where I've made a notation, will you explain that? Mr. Gary: Commissioner Gordon, what that is saying is, and let's make it two different items, is that the City on its reimbursement to the U.S.D.A. (United States Department of Agriculture) has to submit reports and what that Report says is that we were entitled to approximately $5,900 and we only received $3,803 and the... Mrs. Gordon: It said it was 'claimed'..it doesn't say..It says we claimed and received but we only claimed it, we got what we claimed. Mr. Gary: No, we didn't. Mrs. Gordon: Well, that's what it says in your Report. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Gary: All right, what we are saying is that we were due $5,713.00, how- ever we only claimed $3,803, which leaves a balance of $1,910 or approximately $2,000.00 which we should have claimed but which we didn't. Mrs. Gordon: Okay, so then there also is in the same paragraph that furthermore the sum received was miscoded to the wrong account which could not be verified..the amount received late by the Finance Department was not accrued on a timely basis and as a result assets and revenues were understated and I find a lot of ambiguity in this Report, sorry to say. Mr. Gary: May I respond? Mrs. Gordon: Of course. Mr. Gary: First of all, the section you are talking about is different than the section I was talking about. The section you are talking about is that we were entitled to receive $5,713 but we only received $3,803, that's in terms of dollars. What I was talking about before is that we were request- ing reimbursement for more people than the centers actually served. Mrs. Gordon: Okay, and then, I turn around, and say to you on the next page following the one you just addressed yourself to..paragraph 5, and I'm reading it, it says: "Carlos Garcia, Assistant Director of the Finance Department, informed us that the U.S.D.A. Reimbursement Grant of $27,307 shown as miscella- neous revenues matching grant funds Fiscal Year 1976-77 was reclassified and made available to the Child Day Care Program via the Federal Revenue Sharing Fund although this reclassification did serve the purpose for which this amount was intended it contradicted the budget document..." You know, this whole package of papers is strewn with an awful lot of items which have no bearing in my opinion upon the Administration or the care of children but the mismanagement apparently of budget funds by whoever...I don't know, I'm not pointing any fingers at you, or you, or anybody, I'm just reading a docu- ment hastely. Mr. Gary: Commissioner Gordon, I think you are getting off to another issue which we dealt with in the Report. What I was trying to do for you initially was to explain to you the discrepancies, now just as we explained those dis- crepancies that existed in the program we have also explained to you those discrepancies that existed in the Finance and in the Budget Department. Mrs, Gordon: You did a fine job because you sure showed us a lot of problems we have and they are not in Day Care. Mr, Gary: I showed them in my side too so I gave you a very objective Report, Mrs, Gordon: And they are not only in your own Department either. Mr. Gary: No? Mrs, Gordon; Not at all. 7 Mr. Grassie: I wonder, Mr. Mayor and members of the City Coittnission, since we've only let Mr. Gary get into the second paragraph out of about 80 that he has, whether we can go through this in a little more organized way. He has already indicated that the two paragraphs that ate being discussed don't have anything to do with each other so let's explain one at a time if we could and if we could restrict our questions to the one thing that is being discussed maybe we can help you and be more useful to you in that way. Mayor Ferre: All right, recommendation accepted, go ahead, Mr. Gary: Okay, item No. 3...wel1, let me back up, are there any more ques- tions on item No. 2? Mr. Plummer: A lot of questions, but I'll wait. Mr. Gary: Okay, item No. 3, was an allegation that pressure was put on an employee by the name of Vickie Hamilton and that she was forced to be fired. Our findings are that Vickie Hamilton, in fact,..on page 2, if you care to look at it, this allegation resulted from Ms. Hamilton being forced or being directed to place U.S.D.A. food reimbursement reports which were not accurate into a file prior to an audit. Mr. Plummer: What? Mrs. Gordon: I wonder if she would take an oath on that? Is she here?..Would she swear? Mayor Ferre: Well, why don't you step forward and then, in compliance with Mrs. Gordon's request we might want to put all the people under oath later on. ...Why don't you put her under oath, Mr. Clerk? Mr. Ongie: Would you raise your right hand, please? Do you solemnly swear that the testimony you are about to give will be truth, so help you God? Ms. Hamilton: I do. Mayor Ferre: All right, now ask your question. Mr. Grassie: Do you have a question, Commissioner? You asked if she would answer the question under oath. Do you have a question? Mrs. Gordon: I said, would she say the same thing as the accusation was... would she repeat that accusation under oath. Ms. Hamilton: I would. I'm not sure what month it was that we were audited but at the time that we met all the three supervisors were told to meet at Moorpark Day Care Center one night and we discussed the different things in the audit and the food program that was..just the different discrepancies, and we were told to take all of our files out of the cabinets, take them home or put them in our car because the auditors would be around the following day to check them, and we were told to tell them that we had no files kept on the Center's premises. Mayor Ferre: What:? Mr. Plummer: Who told you to do this? Ms. Hamilton: Mrs. Chandler. Mayor Ferre: Mrs. Chandler, why don't you come up, if you would please. A11 right, well, this is a statement being made under oath and, of course, you have the right to respond or not to respond but we are going to ask you to do the same thing. Mr. Plummer: Ms. Hamilton, let me ask you a question you said that there was yourself there and two others, is that correct? Ms, Hamilton: That's correct. Mr, Plummer; Who would the other two be? Who were the other two people? Ms, Hamilton: Beatrice Hudnell and Nellie Humphrey, MAR 231978_ Mt. Plummer: Beatrice Hudnell, are you here? .,.Would you :Hind being placed under oath? Mrs. Gordon: Would you come forward, please? Mt. Flutter: Would you come forward, please? Ms. Hamilton: Ms. Black was also present at that meeting. Mr. Plummer: Who is Ms. Black? Ms. Hamilton: Wilheltnina Black. Mr. Plummer: Is she here? Ms. Hamilton: She is there. Mr. Plummer: Okay, you swear her in if we are going to swear people in. Mayor Ferre: Mr. Knox, wait a minute, wait a minute, I want to make sure we understand what we are doing here, you know that under the law when you swear and you are under oath anything that you state can be used as perjury... Mrs. Gordon: Absolutely. Mayor Ferre: ..do you understand that that is a violation of the law?..So I want to make sure that we understand what we are getting into because we are getting into deeper waters now. Mrs. Gordon: Well, we need the truth and the truth is going to be brought forth. Mayor Ferre: All right, I just wanted to make sure that everybody understood, Rose, because I don't want anybody getting upset later on. Ms. Hudnell: My name is Beatrice Hudnell. Mr. Plummer: You heard the statements of Ms. Hamilton Ms. Hudnell: Yes. Mr. Plummer: You were supposedly present at the time the so-called statements were made. Do you agree or disagree that these statements are correct. Mrs. Gordon: To make sure, make your own statements, please. Ms. Hudnell: T. disagree that this is correct, I don't know anything about that. Mr. Plummer: To your knowledge these statements were never made. Ms. Hudnell: Right, Mrs, Gordon: And you were in the room at the time?..Ms. Hamilton, is there or has there...? Mr. Plummer: Wait a minute, I didn't hear her answer..where you in the room at the time? Ms. Hudnell: i..,at what time?..We were over at the Center, yes, now if this is when you are talking about..and the statements that she just made I know nothing about. Mayor Ferre; You were not in the room or you did not hear that statement being made. Ma, Hudnell; I'm saying that we were all in the room together and I did not hear that statement made, Mayor Ferre: Okay.. Mts, Gordon: Ms, Hamilton, may I ask you a question? Mr. Plummer: Well, Rose, I would like to continue if I could.... Mrs, Gordon: Certainly, Mr. Plummer: .,.she also said that Ms, Black was present and I'd like to ask Ms, Black the same question under oath, it's only fair, Swear in the witness. (WITNESS WAS SWORN IN/ OFF THE PUBLIC RECORD) Mr. Plummer: I guess for the record, would you state your name? Ms. Black: My naive is Wilhelmina Black. Mr. Plummer: Were you present at this meeting? Ms. Black: Yes, sure —but I've been into so many meetings at Moorpark and all the other centers..you really are going to have to refresh my memory on the meeting and the date, okay?..I really,..I'm serious. Ms. Hamilton: All right, this was Mrs. Chandler's birthday party at Moorpark and we were called in...I had a class that night it was a Wednesday night.. Monday or Wednesday, I'm not sure, we were called in and we were supposed to meet with you personally to discuss the food program because the auditors were going to be coming by the centers the next day. We all sat inside the office right before this little party and we discussed what we should say to the auditors when they came and you told us that we should tell them that we have no records at all on the food program in our files, that we should take them out and not have them there and just to say that we take the attendance, and I have proof that this happened and my secretary, you know, she wasn't there but the next day I told her we had to take the files out. Mrs. Gordon: Honey, we are asking for verification from...not second hand sources but those you said were present. Ms. Hamilton: Okay. Ms. Black: To my knowledge I, ..you know, I informed everyone, all three supervisors, that the auditors were coming because..he in turn called us, and let us know that he was coming from Tallahassee and to my knowledge... I mean..as far as I can recollect, you know, everybody knew that the auditor was coming, and that he was going to come to review the records. Mr. Plummer: That's not the question. Mayor Ferre: That's not the question. Ms. Black: What is the question? I mean... Mayor Ferre: Ms. Black, just point blank, did you or did you not at any time tell any employees to remove records because the auditor was coming? Ms. Black: No, I did not. Mrs. Gordon: Okay, now Ms. Hamilton, may I ask you a question? Is there any... has there ever been or is there any reason for any hard feelings on your part towards the Administrator of this Program? Would there be any reason..? Ms, Hamilton: Are you trying to.,.? Mrs. Gordon: No, I'm not trying, I'm just asking a question. Ms. Hamilton: No, Mrs. Gordon: There have not been any controversy between you? Ms, Hamilton: There has been conflict, but I'm a professional person, Mrs. Gordon: No, I didn't ask you if you were a professional person, Ms, Hamilton: If I'm under oath pow to talk about personal Conflict then 0 MAR 231978 then I +on't discuss it here. Mrs. Gordon: Oh, but then there has been or there has not been? Mt. Plummer: Ms. Hamilton, let me ask you a question. Mts. Gordon: Let her answer my question, J.L. Mt. Plummet: I'm sorry, Rose. Mrs. Gordon: Has there been any personal conflicts between you and the Administrator? Ms. Hamilton: Not personal, no. Mrs. Gordon: All right, has there been any conflict between you and the Administrator? Yes, or no. Ms. Hamilton: I guess I can say yes. Mrs. Gordon: All right, that's the answer then, thank you. Mayor Ferre: Well, wait a moment, because you know —we are..there is a lot more, this is a lot deeper. Mrs. Gordon: Well, you can ask other questions, that is the answer to mine. Mayor Ferre: All right, Mr. Plummer? Mr. Plummer: Ms. Hamilton, would you be willing to take a lie detector test? Ms. Hamilton: Yes, I would. Mr. Plummer: Ms. Black? Ms. Black: Certainly. I have no problem with that. Mr. Plummer: And who is the third party that was supposedly present? Ms. Hamilton: Nellie Humphrey. Mr. Plummer: Nellie Humphrey, and she is not here today? Is Nellie Humphrey present? Ms. Hamilton: I don't see her. Mrs. Gordon: There were four people in the room? Ms. Hamilton: Yes. Mrs. Gordon: And what was her duty, her responsibilities?..What is she in the program? Ms. Hamilton: She was an Acting Supervisor, Acting Head Teacher at the time. Mayor Ferre: Well, I think we've kind of come to the end of the..you know.. Mrs. Gordon: 1 think we have too. Mayor Ferre: .,they've all been sworn in, they've all given conflicting tes— timony, they are both willing to take lie detector tests, as far as I'm concerned..you know, do you want to pursue this further? Mr. Plummer: Well, Mr. Mayor, obviously one of the sides is perjuring itself, now, I think that if only to get to the basis and both sides are willing to take lie detector tests that the Administration offer the availability of a lie detector test with these questions point blank being answered, 1 don't see anything wrong with that. Mayor Ferre; On a voluntary basis. MF. Plummer: On a voluntary basis, if they've got nothing to hide they will 51 MAR 231978 volunteer► Mayor Ferret Please, let's not get into one of those...this is not, you know, this is not a witch hunt, we are not out.,this is not the McCarthy Cottittee or anything else like that, please. On a voluntary basis if you want to take a lie detector test, if you feel that it is incumbent upon you we will make that facility available to you, obviously one of the three of you..or two of the three of you are wrong. Either you ate tight or you ate right, I don't know. Mr. Plummer: And also, Mr. Mayor, that invitation should be extended to Nellie Humphrey. Mayor Ferre: Okay, let's move along. Thank you very much. Mrs. Gordon: Mr. Mayor, I just want to clarify why I asked the question, why I asked for the oath. The reason being that the kind of accusations that are on this list are very disturbing, very disturbing because they are the kinds of things that ought to be backed up with facts much more so than they were... Mayor Ferre: That's what the audit was supposed to be for. Mrs. Gordon: Okay, proceed Mr. Gary. Mayor Ferre: Go ahead. Mr. Gary: The fourth allegation, that some employees were working out of job classifications and in essence were not qualified for their jobs, we have referred this matter to the Department of Human Resources and they will perform an audit to determine whether peoples' qualifications are consistent with job specifications, that will be done in the very near future and we will give you our findings. Mr. Plummer: In other words, what you are saying is that this audit was not done prior to their employment for a job. Mr. Gary: No, I can't say that. Mr. Grassie: I believe, Commissioner, the allegation is that people were working outside of the established classification and that is simply a ques- tion of fact, it's... Mr. Plummer: And why does Human Resources enter into that? Mr. Grassie: Because they are the ones who do audits of jobs to determine what the classification is for the work being done. Mr. Gary: The fifth allegation, improper implementation of art therapy grant. This allegation arose as the result of a requirement in the grant that says that we must have a specially trained art therapy teacher. The art therapy program is presently being conducted at Miami Dade Junior College, a reputable institu- tion, and our therapy is in effect. Now, whether or not the grant says that it must an art therapy teacher without any substitutions will be checked by the internal auditor and we will inform you as to that in the future. The six allegation, the termination of Randy Waltstein and Lourdes Garcia. Randy Waltstein was terminated prior to the program that came out of the Depart- ment of Citizen Services and evidently the termination resulted as a conflict she had with her supervisor in the Department of Parks and Recreation because she refused to take a field triply as rather than in her personal car and evidently there were some back -dated allegations or charges made against her and placed in the file, they were not in there prior to that time. We weren't able to verify that for the mere fact that records were dated, unless we had a handwriting analysis. Mr. Plummer: What are you saying? Mr. Gary: Well, what I'm saying is that it was a termination that appears to be legitimate, Lourdes Garcia was terminated as a result of insubordination, undue punish- ment op the Day,Care children, This ruling was upheld by the Affirmative MAR - 23 vis Action Board as well as the Labor Relations Office and the City Manager's office, so that was a substantiated termination. Falsification of attendance records. We found that the Day Cate program Maintains In and Out Sheets and we found that those sheets were not maintained in a consistent basis. However, when the payroll was prepared those people who did not sign in and out got paid their normal salaries. 1 guess you can infer froth that laxity and I guess you can infer from that falsification but still the daily and hourly records were not..did not coincide with the payroll records. Mrs. Gordon: May l ask you a question? Mr. Gary: Yes, you can. Mrs. Gordon: To your knowledge, are there any Departments in the City that might have similar situations from time to time or would you say every Depart- ment has 100% record keeping on in and out. Mr. Gary: We have some departments like Sanitation, Police and Fire... Mrs. Gordon: That have, are there some that might not have? Mr. Gary: Oh, sure, my department does not. Mrs. Gordon: Okay, all right. Mr. Plummer: Mr. Gary,..your.. Mayor Ferre: Well, wait a minute, do you mean your department does not have period or your department does have a system but you just don't pay attention to it? Mr. Gary: No, my department..we pay attention to the people coming to work but we do not have a formal sign -in sign -out or punch clock.. Mayor Ferre: So 1 go back to this question, in your audit, did the Day Care Centers have a system of signing -in and signing -out? Mr. Gary: They did. Mayor Ferre: Now, was that system adhered to? Mr. Gary: No, it wasn't in many cases. Mayor Ferre: That's the point, isn't it? Mr. Gary: That'h the point. Mr. I' I iinuurt: No, 1 t' N not the point. Mr. Gary, in the paper which I have In Itunt ul me the point is that, in using your wording, employees were paid for hours they did not work, now that's a hell of a lot more strong statement than just that they did not punch in the clock and punched in and punched out. Mr. Gary: Let me say this, Commissioner. If you develop a system for control, whether it's dollars or man-hours then I would assume that everybody should follow that system. Now, if you are requiring some people to follow that system and paying strictly on that basis then everybody should do the same. Further- more we found that some of the part-time employees were granted vacation time to which they were not entitled to -paid vacation time, so that's one of the findings also. Mr. Plummer: So you would say that that allegation is correct. Mr. Gary: Yes. Mr, Plummer: Now, let me ask this. Who is in charge of that, whose fault allowed that to happen? Mr. Gary: Well, Commissioner, if you want my professional response to that, I think that the fault for that rests with the Director on down to the Project Day Care Administrator. That's my professional response. Mayor Ferre: Well, I don't think that that is a resonable response because if you want to extend that, M , Gary, you could say that the fault goes from the Commi.ssioe?..the Commission's fault?,.the Manager? Is it Parkins' fault?, I wean, you know, sure it's all our faults, 3 Mt. Plummer: Well, Mr. Mayor, I don't agree with that, of course, you know, we have programs... Mayor Ferre: Well, but it's everybody's fault. Mr, Plummer: Oh, I see what you ate saying, you don't agree with his answer. Mayor Ferre: No, he said, it's everybody's fault from Parkins tight oh down to the Director. Mr. Plummer: Well, let me ask my question in another way. Who is the birector of the Department? Mr. Gary: Robert Parkins. Mayor Ferre: Well, wait a minute, you didn't say that it was Parkins' fault. You said that it was everybody's fault from Parkins to Chandler, isn't that what you were saying? Mr. Plummer: Where does the buck stop? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: I disagree. Mrs. Gordon: The Department Head. Mr. Gary: Would you like for me to respond to that question? I think it is a judgmental answer that each person has to make, to give you my own experience if something happens in my own department, you know, it is not my Assistant Director's fault or my employee's fault, it is my fault. Mr. Plummer: That is right. Mr. Gary: Okay, allegation No. 8. Supply and equipment's budget used for unauthorized items. This allegation which I consider pretty flimsy was the fact that a refrigerator was purchased at Day Care and alleged to have been used only by Day Care staff as opposed to all Day Care employees, as a matter of fact, the administrative staff. The refrigerator is there and it is very difficult to determine who is eligible to use it unless we go and check names on lunch bags. I don't consider that allegation...I consider it very tenuous, as a matter of fact. Now, if you would turn to... Mr. Grassie: If I could interrupt you for just a minute, Howard. To try and put in context what Mr. Gary is doing, the first memorandum that he has dis- cussed with you basically deals with allegations and questions arising from the staff. The second memorandum that he is going to be dealing with responds to the City Commission's request for an audit of the program. You have two other... (BACKGROUND COMMENT OFF THE RECORD) Mr. Grassie: Should I say that again? Mrs. Gordon: Finish your sentence. Mr. Grassie; You have two other documents, one prepared by Mr. Kingsbury which addresses parents' perception, how they view the question of quality in the program, and you have a fourth document coming from Mr. Parkins which deals with parents' questions. So you have those 4 kinds of things that we are going to be talking about. The next one is the audit result which comes from the questions asked from the City Commission, in other words, you asked us to do a formal audit of the program so that is what we are addressing next. Mr, Gary: Okay, in summary, I'd like to go over the 11 points, I'd like to go over them with you. The first one is that we found that the time and attendance reports were not properly maintained. As I've mentioned before, the time (in and out sheets) were not being adhered to by all employees, Secondly, part-time employees were granted paid vacation which they were not entitled to receive.. 54 Mrs. Gordon: What page are you on now Gary? Mr. Gary: I'tn oft this,, first page of the second memorandum, Mrs. Gordon: The one that says Scope of audit on the top? Mr. Gary: ...it's your third page, it has my signature.:. Mayor Ferre: It's dated March 21, it says Child Day Care Program audit period October 1, 1976 to September, 1977, is that it? Mr. Gary: That's it. Mayor Ferret And it's from Sujan Singh Chhabra... Mr. Gary: It's a cover memo where I summarize it, it's a cover memo from me to Joseph R. Grassie, City Manager, dated March 22, 1978. Mayor Ferre: I got it, I got it. Mrs. Gordon: I don't know if I have that with me. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD). Mr. Gary: Okay, the second finding that fees for Day Care Service were not properlY charged. On August 1st the City Commission passed a new fee schedule for Day Care participants. Now, that increased the rates for Day Care fees which we have an attachment here to reflect the change in the fees, but in summary we found that those people who enrolled on or before August 1st, some of those people's fees were not changed. Those who were enrolled on August 1st, the day that you passed the change in the fee structure, on or after the fee raise were being charged. Participants files were incomplete and poorly maintained. Mayor Ferre: But wait, wait a minute,..whY not? Fees for Day Care services were not properly charged, why not? Mr. Gary: Well, we just give you the findings, you know, we don't know why we can't tell you why they didn't charge them. Mayor Ferre: Was this a universal thing or was this just one case? Mr. Gary: Several cases. Mayor Ferre: Was it a consistent pattern, or was it that in several cases they just forgot. Mr. Gary: A consistent pattern. Mayor Ferre: Okay. Mr. Gary: The participants' files were incomplete and poorly maintained. You know, one of the problems we were confronted with in trying to achieve your time frame was really one of trying to reconstruct all the records. We found the participants' files all mixed up, we found not up to date data in terms of people's income to verify what fees should be charged, we didn't find attendance reports for the Child Day Care participants, it seems that kind of information should be available at all times. In terms of allegation number 4, financial and budgetary information was poorly maintained and in some cases non-existent. We found that at the Center and also at the Department, very few people knew about the budgets, detailed budgets, the revenue sources for Day Care, you know, Mrs, Gordon; Not only for Day Care, right Gary? Mr. Gary; I'm going to get down to that at the end, And it's very difficult, you know, most people think budgets are really just entries but really a, budget is a plan, you know, it tells you what you are going to do for a given year in terms of outputs, That budget represents dollars to ahieve a certain output. Now, it'd be very difficult for any one to manage au operation without knowing at any given point in time what the status of that budget is, mot knowing the status of the budget it l.s very difficult to determine what you financially are able to do, 55 Allegation No. 5, reimbursement reports are erroneously prepared. Mr. Plummer: Excuse me, these are not allegations they are findings, Mt, Gary: I'tn sorry, findings. Reimbursement reports ate erroneously prepared. We discussed this briefly about the U.S.D.A. Food Reimbursement Program whereby we were charging U.S.D.A. for more meals than were actually served. Also, we have a lot of the reports that we have to submit to the Community Affairs Office, the $45,000 Community Affairs Grant we get, It has not been received on a timely basis and as a result we've had to use City cash instead of the grant cash. As a matter of fact, we were informed by Mt, Billings that the program was in jeopardy of being cut off because we have not filed quarterly and annual reports. There is a reason for that to which Ill get at the end. Mayor Ferre: Who is going to cut us off? Mr. Gary: The State Office of Community Affairs, we received $45,000 every year. Mayor Ferre: And they are going to cut us off for what reason? Mr. Gary: For not filing our quarterly and annual reports on a timely basis. Mayor Ferre: For what period of time, for one quarter? Mr. Gary: Let me just give you the date on it. Okay, if you turn to page 8, this , is March 9, 1978 where Mr. Billings,.,WA he had not received the monthly financial reports after the month June, 1977; the quarterly program status report for the quarter ended September, 1977; the Annual Audit Report for fiscal year 1976-77. Mayor Ferre: Who's supposed to make that report out? Whose responsibility is that? Mr. Gary: Originally, those responsibilities rested with the Department of Citizen Services, it still rests with the Department of Citizen Services; how- ever, the employee who was responsible for those financial reports is now working for me and has relinquished all of those responsibilities. So, evidently, when he left the person he trained is not able to do it. Mayor Ferre: Well, let's ask Mr. Parkins, Mr. Parkins is that..whose responsi- bility is that to have those reports timely made? Mr. Parkins: Howard, if you will, John gave us thew^lt p on that the day before yesterday. Mr. Gary: Yes, but that is not the issue. The issue John gave those to you but it is not John's not responsibile for giving it to you and the reason he's late is because... Mr. Plummer: Who is John? Mr. Gary: John is an employee that works for me...Baldwin. Mr. Parkins: He formerly worked for our Department. Mayor Ferre: Well, that's not the question, the question is when John left the Department who was the responsibility delegated to? ..and was that done, and why wasn't it done, if it wasn't done? Mr. Plummer: When did Mr. Baldwin come to your Department? Mr. Gary: I guess 7 or 8 months ago. Mr. Parkins: And until but a couple of days ago we were not informed that we were going to have to take on the responsibility of creating those Reports. Mr. Gary; Well, that's not true, and I hate for you and me to get into this kind of match but that's not true, Kr, Plummer; Robbie? 56 Mr. Parkins: It's true. Mr. Gary: Well, I'd like to refer Mt. Parkins to a memo that he sighed, bick Fostnoen signed and I signed which specifically delineated the tesponsibilities for Management and Budget, Finance, Dick Fosmoen's shop and your shop. in that memorandum it is stated that we will only do budget responsibilities, grant securing responsibilities, all financial responsibilities would be done by the Finance Department, That's not our job, we are not accountants. Mayor Ferre: Any other questions on this subject? Mrs. Gordon: Only that the scope of what was initially an audit by the Manager for the Day Care Program has revealed information quite important far beyond the importance of the Day Care Program financial situation of a carelessness within this City Government's financial structure. Mr. Grassie: That really is the bottom line and if, you know, if you just get through the report you'll see how that ends. Mayor Ferre: All right, go ahead. Mr. Gary: Allegation..I mean, finding No. 7. Top Management of the Depart- ment of Citizen Services has inadequate knowledge of budgetary, fiscal and other important requirements. As stated before, because we have a decentralized accounting system and budgeting system we had to refer to the records of the Department of Citizen Services and specifically the Child Day Care Program. In most cases those records were in chaotic conditions or non-existant. They had to be reconstructed and the Internal Audit Division spent considerable amounts of time reconstructing all the data. It seems as though there was a lack of knowledge in the top management of the Department as well as in terms of the program coordinator. There were no periodic reviews or evaluations of the Day Care Program. Now, what we wanted were a number of reviews in terms of budget modifications budget evaluations and audit of the Day Care Program. We found that to be non-existant. If these corrective measures were taken on a periodic basis, we would not be in the position we are in now. The Program should be periodically reviewed just as any other program. The Day Care Revenues were not properly appropriated and accounted for. This is something we talked about earlier, Commissioner Gordon. In a number of cases, $27,307 for U.S.D.A. food reimbursement is a good example. A lot of the cases, those funds were placed in the General Fund Budget as an anti- cipated Revenue to be used by the General Fund, not by Day Care. Now in 1976 and 1977, the reason for this is that the monies were placed... in a nutshell..poor accounting, by the City. Allegation No. 10, Financial and Programmatic Reports are not completed and submitted to the granter source on a timely basis. We discussed that earlier as a result of the letter we got from Mr. Billings from Community Affairs. Allegation No. 11. Reimbursement for granter sources not received on a timely basis. Now,this seems minor, but it's very important because when we do not seek reimbursement from the granter sources that means that the city has to use its cash to spend for these programs and as a result we either lose interest or we have to go out and borrow money, so it really is not good for the city's cash flow position. Now there are three other issues retarding Day Care which is still outstanding and that is the qualifications of the Day Care personnel, which will be done by Human Resources Department and an audit aslates to the use of CETA funds by the Day Care Program and this is mainly limited to CETA positions, to augment the operations as well as the Art Therapy Program, which we said we had to verify whether or not they need a trained Art Therapy and will the granter source permit that, and the entire audit of Department of Citizen Services. In terms of the auditing the entire the Department of Citizen Services a policy decision has to be made. Mr. Plummer: It's been trade. Mr, Gary: Well, we've contacted Peat, Marwick,and Mitchell and think that the cost to do that, you know, really is not worth a return as far they're concerned that'll still be astronomical, If we do it in internally, you know, it's going to take my order at least 8 or 10 months to do, If we do 57 MAL2S*7a that we'll have to forego other orders, many of which you know, produce revenues for the city. So that decision has to be made. Now the final issue that was raised as a result of this audit is over a issue about the budgetary and fin- ancial accounting system of the city. Just to give you some brief background, something that Commissioner Gordon talked about earlier. When I came to the city we were spending considerable amounts of federal grants, state grants bond funds improperly, None of these funds had been appropriated by ordinance, none of them had detail budget, we were not keeping a track of these grant -in= aids by fund, we were not keeping the revenues by fund, we were not logging expenditures against the appropriations , come up with a status report. Now to remedy this situation I like to first tell you how we're going to solve this problem and this relates specifically to Day Care, but in generally to all grant -in -aids programs, whether they are federal or state and also our bond programs. I'll like to first let Mr. Gunderson , our Finance Director, explain to you what we plan to do to resolve that issue from our financial point -of -view I'll come back and interface that from a budgetary standpoint, and he will come back and also let you know what the effect of this new system will have on departments. Jim. Mr. Gunderson: Mr. Mayor and members of the Commission, what we have first to do outside of recognizing the problem which is very evident is to begin to centralize the grant accounting that has been in a fragmented way been passed, but we have inherited is a result of a manual approach to many problems in accounting in the past. The manual nature of that accounting process gave rise to the problem that you're witnessing today, and that was because the general accounting division of the Finance Department could not extend itself sufficient- ly to give attention to all the details, so it was farmed out to the departments who had a grant in the area and that was the start of your problem. You had people who were unskilled in the area, some were skilled, and some of those programs have been carried out very well. Other areas have not been done very well. Mayor Ferre: Can I ask you when this came about? When did this happen? Mr. Gunderson: Oh this came about years ago when you were under a manual approach. Mayor Ferre: How many years ago, 10 years ago, 5 years ago,..? Mr. Gunderson: 0h I would say it had the seeds at that time 5,6, years ago, everytime that you had a LEAA grant, anytime that you had a small grant by the department whether it was .. Parks & Recreation Department or whether it was in some other department, that department received the assignment to monitor that program, so that's where we begin. Now that we are automated we have an opportunity to flush out that problem and what we... Mayor Ferre: I'm sorry Jim, but I'm just completely lost at this point,are you telling me that each one of these little departments has an accounting function... Mr. Gunderson: Yes,sir. Mayor Ferre: ... they not only account for but audit their own department? Mr. Gunderson: Well, they don't audit them, normally the internal audit audits them, some of them, but not all of them, because they don't have a large number of staff. Some are audited by outside independent auditors as you know,those are hired on occasions for various grants. So the audit can occur two ways, but at the same time the accounting has been flourishing in the departments. We do what we would call a very generic approach to their accounting, they give it a code, it goes in all in a lump sum and expenditures are made against that code and that's because they didn't have enough people to make a definitive approach to it in the past. Mayor Ferre: Well, how long have you been here? Mr. Gunderson; Since November of 76. Mayor Ferre: So you've been here now for a year and three or four months? Mr, Gunderson; Yes, Mayor Ferre: And, obviously in those 15 months this must have been very obvious to you. Mr. Gunderson: .Yes, and we have been working on it since then. The first Step and it's outlined in this memo is to bring about a re lassifira* tion of the entire accounting system which is generally mown as a chart of accounts. There is a great deal of work that had to be done to get us into a posture of being able to provide the finite attention to all the grants so that people within the departments who are making the expenditures and receiving the money can use the details and submit them to the Finance Department and there we will do the accounting. Mayor Ferre: manually? Is the chart of accni:nts being maintained Mr. Gunderson: No. well. the chart of accounts for the grants is being maintained at the departmental level. Mayor Ferre: Manually? Mr. Gunderson: Yes. Mayor Ferre: And, there's no input into the computers...? Mr. Gunderson: Yes, in... Mayor Ferre: ... for centralized accountability? tt Mr. Gunderson: Yes. As I indicated they use one number, say for an expenaiture, or a couple of numbers. but it's aeneric. Thev cq er a wide variety of expenditures under one code, therefore you tan t decipher what the expenditure is until you go through each transact- ion and ascertain what the expenditure was for. That's the way it was setup, just to get the checks out. Mr. Grassie: But just so we don't miss the significance of what Jim Gunderson is saying. What he's saying is that we found.and he's been working on this almost a year now, what we found was that to cure relatively specific kinds of problems like we're talk- ing about today he has had to go back and start with the basic chart of accounts for the city and he's been working, his staff has been working for months redrawing the basic chart of accounts which codifies every expenditure the city makes, and in fact the basic chart of accounts did not have adequate controls for grant ' funds at all. All they had waslump sum accounts and all of the detail was kept in the department. Now you've been operating with this kind of system probably for over 10 years. Mayor Ferre: You mean to tell me that for us to go back and trace anything back it was just, my God, ... Mrs. Gordon: It's impossible Maurice. Mr. Grassie: That's right, and that's why... you know every time somebody asks a question it takes four months to get an answer, if you get one. Mrs. Gordon: If you get one. Mr. Gunderson: That's what he's attesting to, Mr, Grassie; But, the only way that we can cure this is to start from stratch, Mr. Gunderson: And, if... Mr. Plummer: look, you know, I can accept,Mr, Gunderson,what you say as key noting on certain factors. But 1 don't want you to stand up here and give any impression of waving a -magic wand that this is the answer for all of the problems, because let me tell you something, what you're talking about doesn't address to me one of the key points and that is the findingsof this audit, the Day Care Program was poorly managed and supervised,,,, Mayor Ferre; Mr. Plummer,.. MAR 231978 _......A._ u_. ..4111r Mr. Plummet: .,. has nothing to do .... Mr, Grassie: He's not addressing that..., Mayor Ferre: Mr, Plummer, Mr. Plummer: Well, but he's saying here is the problem and here's the way we're going to correct it. Mayor Ferre: No sir. Excuse me,tMr. Plummer, you were talking to the accounting end of this thing. Mr. Gunderson: Only the accounting... Mayor Ferre: He's not talking about management, social services, delivery, performance, or anything else. He's talking about accounting. Mr. Gunderson: Yes, and I want to emphasi2e because I agree with Commissioner Plummer but in another area that does affect accounting that we will not absolutely waive a magic wand as you put it, and that's the area where we will continue to rely upon departmental people to adequately code and correctly code transactions. We can catch some of the errors, but some of the errors may still slip through. I cannot tell you when some- body in the department accounts for a person's time incorrectly. if he reports and signs to me that that man has been there 8 hours I accept that until an audit is done. If he wasn't there for the 8 hours that is something I'm not going to be able to tell you. So nobody... Mr. Plummer: Who is the monitor? Mr. Gunderson: Ok. Internal Audit is the monitor and the outside independent auditors, they're the monitors, the ultimate monitors. Mr. Plummer: We're getting down to where the buck stops. Mrs. Gordon: Mr. Gunderson... Mr. Grassie: But the point that Mr. Gunderson is trying to make) if I could Commissioner, is with regard to the necessity that we have felt for months now and the process is almost completed. Mr. Gunderson is going to tell you that the chart of accounts as you have it in your memorandum , is going to be completed within two weeks. Now he's been working at this for about six months. That is simply one step that has to be put with two additional steps which we need to tell you about so that you can understand the kind of problem that we're dealing with. Mr. Gunderson: This is the antecedent thing, this is the core upon which we must build so that we can take over the responsi- bility of financial reporting. One of the things that the audit points out is that we're not timely and we're not accurate with our financial reporting because it's being done by departments. Well, they don't have... if we get the information put into the chart accounts we can do it and we can attest to what it is, Mayor Ferre: Alright. Mrs. Gordon: I wanted to ask Mr. Gunderson a question before he sat down. It relates to a general recommendation in the report under E-2. It says that following revenues and it goes on to state what they are, which should have been appropriated to the Child Day Care Programiwere actually appropriated in the General Fund for general purposes. Is it your intention then to set up trust funds now for these funds? Mrs, Gordon: Yes. Yes ma'am, In fact that's one of the key points is that many times these grants have multiple, rather many times these programs have multiple sources in terms of grant operation and they're operating right now out of two and three 60 different places. We will in our chart of accounts be setting up trust and agency funds for each grant and therefore it'll have its own repository, Mrs. Gordon: I see, and that certainly is a cotnfort to know, t just wish it had been in place and perhaps then Mr. Plummer's comment which seems to be taken out of brie of these reports might not have even been in here because under the way the funds have been dispersed,it is a Miracle that we've even had a program survive for the period of time it has. Thank you. Mrs. Chandler: Mr. Gary are you finished? Mr. Gary: Let me finish your report... Mayor Ferre: Well, Robbie, why don't you sit down because I think it's going to be some time yet before he finishes and then Mr. Grassie, You'll have your turn, believe me I'm sure every- body will. Go ahead Howard. Mr. Gary:What I'd like to add to what Jim said is that the majority of the federal grants did have money in their budgets for accounting expertise. The next step is how the chart of accounts interfaces with the budgetary process. As I stated to you before, for the last 10 years the city has been improperly or illegally or whatever you want to call it,spending federal, state,and bond funds. There were no ordinances appropriating funds for these purposes. We worked, I guess, about four or five months. That f process is being completed. It was completed October of 1977. All federal grant -in -aids, or bond funds you pass by ordinance, all bond funds since October 1, all federal grants since October 1, all state grants since October 1, you have appropriated by ordinance. We have developed a system where prior to that coming to you as a resolution, or not coming to you at all , the City Manager instituted a policy that it must be reviewed by the office and a proper legislation prepared; that has been done. The second step. The first step only included a lump sum amount, for example C.E.T.A. 1.6 million dollars, and within that 1.6 million dollars you have a number of programs and within those number of programs you have a number of detailed expenditures. We're in a process now of doing a line -item budget so that the revenues that they receive will go for those budget items and expenditures can be logged against the budget amounts and you can get a status report. That status report will show you the original budget, any adjustments made to that budget, expenditures and cash, encumberances, and you can have a balance. So at any time people know where they're in trouble, where they have sufficient funds to run their program, where they're running short, where they have access, and they can plan their operation accordingly. The third step that has to be done is that we've got to begin to treat the federal, and state grant-in-aid programs in the same fashion as we do city funds which becomes the budget responsibilitythat has to be done. Now, in terms of the effect it has on departments, I'll return back to Jim. Mr. Gunderson: Basically,what we're going to be doing then is each department that has a grant will receive a classification of accounts expressed in terms of what the reporting and budgeting requirements are in that grant, so that now they will merely record the transaction number for each account and then submit it to the various sections within the Finance Department and it will be processed and the trial balances will be automatic every month. The reports will be made from the Finance Department for financial reporting. Programmatic reports will be made still by the people who are responsible for the grants. Mr. Grassie: To summarize Mr. mayor, members of the City Commission, Mayor Terre; Why don't you wait until we get everybody, because to summarize it becomes important .... Illilillil111_IN 61 Mr. Plummer: Mr. Gary... Mayor Terre: No, nos wait... Mr. Plummer: No, he isn't going to tummarite now, Gary... t1r. (r ass ie : T do want to summarize this phase if I could Commissioner. Mr, Plummer: Well, I'm referring to this report... Mr. Grassie: We're not done. We're open to questions from You, of course.... Mr. Plummer: Mr. Gary, at any time when you were doing your audit did you find any monies diverted from the City of Miami Day Care Centers over to supplementing Edison Center? Mr, Gary: No. Mr. Plummer: None at all? Mr. Gary: No. Mr. Plummer: Did you look into that particular possibility? Mr. Gary: I'll let Mr. Chhabra speak to that. Mr. Chhabra: We definitely would have found out if could have happened. Mr. Plummer: Excuse me. Mr. Chhabra: If it could have happened we would have found out. It did not happen. Mr. Gary: During the course of the audit we would have found it out. We didn't find it so it didn't happen. Mr. Grassie: But now I do think that that needs to be put into context, Commissioner, what we have already told the City Commission so that you are aware of it , because I believe we told you this about two months ago and that is that on an interim basis existing city staff would be used to supplement that fourth center, but now they still keep the billing to their current payrolls , se that we don't have any confusion about that point. Mr. Plummer: The point I'm trying to make Mr. Grassie is that there are no funds being drained from the city's three Day Care Centers to subsidize the fourth. ( BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mr. Plummer: In other words... Mr. Grassie: Formally; no; however, services are being provided as I've just indicated, Now if you consider that a drain, you know, then the answer has to be yes, that there are services that are being given. Mr. Plummer: Mr. Grassie, very simply if you allocate monies for three centers and it's divided three ways you can do certain things. If you allocate money for three centers and you're supplying four something's got to suffer. Now,one of the allega- tions that I have heard that the monies that were allocated for three centers were now being split four ways and that's one of the reasons for the Day Care Centers being in the operations as they are, Mr, Grassie: My impression,but we should, you know, get Mr, Parkins to verify this, but my impression is that so far the 62 fourth program has been operating on its own budgeted funds, However, those funds are „ tight now in the process of running out, so if we don't do something about it, either we are going to be in the situation that you're talking about, that is, diver- sion of funds from three programs to four or we're going to have to find more money for the fourth program. Mayor Ferre: Alright, you want to now summarize? Mr. Grassier The point that I wanted to make for the City Commission was this, we have gone to the extent of giving you what I've called a bid picture with 63 MAR 221978 ..... regard to a financial chahae that the city has been going through quietly for over a year. It has involved the accounting process, data pror:esr;irig, and the budget process, tt is not complete. The chart of accounts Will not be on the computer and operational until the 1st of October of this year. And, the budget will not interface with that new chart of accounts until that time. The reason that we are giving you this back ground at this time is because when you get back to departmental specific problems many of the detailed problems that we have have to do with the fact that we never solved the overall dilemma. We never got the overall city system and I'm talking about in the last 15 or 20 years.,..We never got the overall city system to work, so we've been working over a year to get the basic city system working, and where we see the problems is when we get into the details of some of these departmental operations. Now, that is not to say that the accounting system is going to take care of the administrative problems in their departments, it will not. What it will do is make more certain that when we have those administrative problems that surface early and will surface in a way in which they can be corrected so that you can tell where the problem is because the record supports an investi- gation and you can do something about it, Now that's the over- all picture that we want to give you so that you can analyze the detail of this order and put it in context with city oper- ations. Rev. Gibson: ... I'm sorry the Manager wasn't through, I wanted to . . . Mr. Grassie: Go ahead Father. Rev. Gibson: No, you finish. Mr. Grassie: The only other thing that I would add is this. When we deal with allegationsf and you saw some contradicting testimony from individuals, when we deal with allegations in front of you, it really is very difficult to give you a sense of the significance or lack of significance of the things that are being brought up. If we can take care of basic system so that the administration of the department can be put on a reliable footing, I think then the kind of problems that will come to you will be of a policy nature which you can deal with, rather than this kind of personal commentary, which I'm sorry to say you've been subjected to. Now, I know that you have questions about some specific points, and we'd like to try and answer those because we don't... what we are trying to do today, if we can, is not leave any questions in your mind. If there are answers we are trying to get them out on the table. I think we've been very candid with you with regard to some of the basic flaws in the system. We're being much more candid than would be an external auditor, you know, if you got a CPA firm you wouldn't get this kind of report from them, I vouch. But in that candor what we are trying to do is take a step toward correcting this system, and we want to try and answer any question... Mayor Ferre: Let me tell you about candid. The thing that always concerns me about this washing of laundry, and I say this to all of us, including myself) when we get into these things, a of hanging the family linen outside, I want you, this morningito look at the editorial of the Miami Herald with regards to a problem in Metropolitan Dade County with a total mishandling of a project in a jail, a contract. Would you believe that the Miami Neraidl in their inimitable way. the Editorial Department would throw into the same batter the City of Miami's problems now a year old with regards to the building and inspectors* so. -called problems that we've had with regards to bribery and etc., that are still under judicial procedure, Now I ask you,what does one thing have to do with the other, other than every time the City of Miami does something wrong it becomes first, a major headline9and seconds a series of editorials that continue sometimes for years remaining on a continual, 64 MAR 2 31979 consiste t Metro s whet thensof,MiamirdoesesomethingeWrongitsomething thenCi seos CityCity of Miati's wrongdoing. When Metro does something wrong it is always intermixed with the reminder 0 f sore of the bad things that the City of Miami has done. Now, I absolutely guarantee you that our candor will be the subject of all kinds of con- clusions by the Editorial Department as to why the City of Miami should be merged with Metropolitan Dade County. Rev. Gibson: Mr. Mayor, I wanted to point out a headline. Mayor Ferre: What? Rev. Gibson: I wanted to point out a headline in the local daily paper, and I want to read it lest you may be as nearsighted as I am."Audit suggests fraud in Miami Day Care." (repeat). You know what's very unfortunate for us?,I think we are dealing with two things. Mr. Gary, you don't have to get up, because I'm not going to ask you no questions. I'm going to make a statement. Thank you1sir. Mr. Gary only audited what you gave him, ok. I did not see in this audit of Mr. Gary's or his department anything about fraud. This is very interesting. Now this paper goes all over the world,"Audit suggests fraud in Miami Day Care", so they got fraud in town, ok. Now,I want everybody to understand also that you got a mixture of problems here. Unfortunately, we took the occasion of the Day Care situation to uncover something which has been in existence for 15 or 20 years that you've been working on tor one year, this is regrettable, but it's very sad, very, very sad , because the people who are involved, the average guy who reads this paper looks at all the people in Day Care, man they're a bunch of thieves, and yet you're trying to correct a procedural situation that should have been corrected, you, well, in good time you'll correct it. Now, the other phase of this problem that disturbs me is you're mixing qualification and programs with money and they're not synonymous. They have no relationship other than we have to have money to pay for programs. NowtMr. Gary can't evaluate the qualification of who is in charge of who,the performance of these people, that's none of his doggone business. All his business, his forte is one and one make two, and not are you or not;what is that thing I read( help me, some are..somebody, correction art somebody. What does he know about that? It's just like he's coming to be the priest of Christ Church and he is an undertaker. You know, man,come on, so now -let's get, you can't mix apples and oranges so far as the figures, you can't blame those people, you've got to work Mr. Grassie, since you're the Manager, the buck stops with you and if the whole system needs to be changed,, if you need us to, you know, do, you need to come back here tell us what your problem is and hopefully we're going to tango with you. Now, if you have any doubt about the qualification about those folk I would hope you and your staff will understand you're not educators, that ain't your cup of tea. Now you spend money for a lot of other things, some of which I don't agree, don't make no sense to me, but since want you to determine whether or not these people are qualified, you know, what was that you referred to, sav about some people are holding jobs who are not educationally qualified?...whatever that thing... that term is, the point is, well I'll get it out of the record, you're going to help me get the specific... Mr. Grassie: Yes, it 1 could help you Commissioner, the allegation was that people were working out of their classification. Rev. Gibson: Beautiful, that's it. Now that's the thing I'm talking about, out of that classification, and I'm assuming that means, to me as a lay person, that you know,you either got a master's degree or you have a bachelor degree or you have a whatever that junior college degree is business or you're qualified on to this. Now Mr. Gary can't do that. And, here is what we did we got all this lump up here together,. I didn't say you said that my brother... let me tell you what you didn't 65 say, but r'li het you a dollar to a doughnut for this audience out here, for this audience out here both of them are mixed up. Now,all I'm saying is I understand what you said Mr, Manager, I sympathize with the problem, but I want to tell you this, it disturbs me when my city gets this kind of headline,"Audit suggests fraud in Miami Day Care", man, .. Mayor Ferre: Alright, Mr. Grassie, you want anything else? Mrs. Gordon: Nothing could be further from the truth is the headline that precedes that story and apparently Jgebre claims no authorship for the headline... Mayor Ferre: Of course not... Mrs. Gordon: So we excuse him for it, but we don't excuse the author of that headline, in fact, we feel very disturbed about that headline. Mayor Ferre: Rose, I don't mean to give anybody lectures about journalism which I know very little about, but one of my big problems always is, it isn't withthe people who write the stories. I have my problems always with the people who write the editorials and the headliners, those are the guys that really do,the headliners are the guys that really do the damage in these newspapers, and sometimes these things happen. Well, where are we? Mr. Plummer: The next report I guess. Mayor Ferre: We said we weren't going to take up any action today we were just going to listen, so... Mrs. Gordon: Was there anyone that wanted to speak Mr. Mayor that's here... Mayor Ferre: Yes I'm perfectly willing to... if Robbie feels or if Parkins feels or anybody else feels, Rob, Robbie, any- body, anybody else want to speak ,if not we'll ... yes ma'am who are you? You better say it on the microphone, because I can't hear your voice. You want to speak too, ok? Would you make it very brief because we've been at this all day. Your name for the record. Ms. Waldstein: My name is Randi Waldstein... Mayor Ferre: What? Ms. Waldstein: Randi Waldstein. Mayor Ferre: You better get the phone up Randi if you would please, I mean the mike. Mrs. Gordon: You were one of the persons in the original list of memorandums to which Mr. Gary addressed himself. You heard his comments, ok. Ms. Waldstein: At this point I would like to read nny statement it's not that long. I was employed by the City of Miami and I worked from December 75 to June 76, and I was dismissed for really not a legitimate reason and I'd like to explain that... Mayor Ferre: Can't hear you. You were dismissed for ,.. Ms. Waldstein: I was dismissed for no legal reason, except that displayed the following behavior, As a professional teacher with recommend- ations from various schools in Miami and New York, I came with recommendations and Mrs. Chandler sent me a few memo's that I had negativeness toward the children, I set -up behaviour modification programs, I used my own !Honey, I used my own time, and I did a lot of things for the center thAt went beyond my 66 w N AA 4AAA job qualifications. However, Mrs. Chandler never counseled me on My_concepts and she noted in the memo's after counseling Me she felt I wasn't accomplishing my task at the centers. One of initiated a protest march on City all. in January cthat 197Mrs, � Chandler things I would like to bringup fact is the g held a secret meeting or she asked the members of the staff from the three centers and the parents to come to a mandatory Meeting at Moore Park bay Care Center. This meeting was held to urge parents to go to the Commission Meeting and stay until the Commission placed the Day Care Center staff that was part time on full-time. The parents ware told that if they did not come to the centers that the centers would be closed. She planned .to acquire transportation from the Department of Parks and Recreation and pickup parents and children at the center. The parents were told to bring their children to make more of an effect. Signs were constructed with Day Care materials, slogans were read as follows, some of the slogans might have read like this, "We need full-time teachers for our children". Mrs. Chandler also told me and the staff members a few times not to mention that she was involved in this because she would lose her job. ... Mrs. Chandler suspended me for one full week without pay, during this week I came down with pneumonia. While recuperating from pneumonia I was transferred from one center to another. Mrs. Nellie Humphrey was my Supervisor. Plans were made to take the graduates on a field trip and I requested to go with the children, because I wanted to go, because I wanted to be with the children. When I asked Mrs. Humphrey if I could go, she told me that I could, but I would not be paid for it and that my job started at 12:00 o'clock. I decided to go on the field trip anyhow knowing that. I tcok my own car and drove to Moore Park to follow the bus to T-Y Park where this picnic was going to be held in 1976. When I arrived Mrs. Humphrey called screaming telltnng me that I was supposed to accompany the children on the field trip and that I was to meet at Shenandoah at 9:00 o'clock. I was never informed of this,before this I was never told anything about anything. The only conversation I had was that I would not be paid until 12:00 o'clock. That was it. I was supposed to report to wor}: at 12:00 o'clock that was all. I followed the bus to the park. I worked the whole time. I supervised the children during the trip and I knew I wasn't getting paid for it, but I did it anyhow because I wanted to. When I was reported back to work the next day I was called in to a conference with Mrs. Chandler, she said, I broke a serious Ir rule by disobeying orders from my Supervisor... Mayor Ferre: Excuse me for interrupting me, but I want to make sure you understand, see this is an agenda item for us to receive a report from the Administration, now this is not a public hearing. Now, you're a member of the public and I am,out of courtesy to you letting you make your statements in the record, but I'm not going to let you ramble on for ten or fifteen minutes, so you wind up your statement and if you have something to complain about, if it's a criminal matter you go to the State's Attorney Office and you can press charges there. If it's an Administrative matter then you go talk to Mr. Parkins and if he won't talk to you, you go talk to Mr. Grassie. Ms. Waldstein: Ok, the thing is... Mayor Ferre: And if he wants to submit that into the record, I'd be happy to accept it and put it into the record, you know, for the record. So wind up your statement. Ms. Waldstein: Ok, The statement is that out of my concern for the Day Care Center it is really a disgracing thing to see that they're so disorganized and I just feel that Mrs. Chandler.,. I just feel that the whole program is run disorganized and from working in the program I just wanted you to know that, Mayor Ferre: What are you doing now? Are you working? Ms, Waldstein: Oh, right now I'm working in a program with 7 emotionally disturbed children, I come highly recommended. I've had no problems or anything. Mayor Ferre: Ok. I'm just for the record, so that everybody know that, I assume that you are a professional in this,.„ Ms, Waldstein: Yes I am., and I really resented the fact, and I was deeply and emotionally disturbed about the whole affair, about my termination, and everything and I've gone to almost everybody in the Department of Parks and Recreation at the beginning, and I just felt that it's being run very disorganized. Mayor Ferre: Ok.Thank you. If you want to submit that into the record you're perfectly welcometo do so,you know submit your written record. Anything else? Who, I don't want to blow this into a full pledged public hearing which it is not. (UNIDENTIFIED SPEAKER IN THE AUDIENCE- ...) Mayor Ferre: Oh I see, ok, well, when that item comes up we'll be happy to talk... Alright, are there any other speakers at this time... you want to speak... alright, can you make your statement very brief and right to the point? Ms. Lynch: My name is Joyce Lynch, and I'm one of the parents whose child is at the Day Care Center in the City of Miami. My statement is very brief and it's bringing up the point which Mr. Plummer addressed to Mr. Grassie, which is whether Edison Little River was being funded through City of Miami Day Care Funds. There were two teachers from the City of Miami Day Care Program who are on the City of Miami Day Care payroll who worked for three months at Edison Little River so therefore the funding did come from the City of Miami Day Care and I'd like to just give you the names of those two people simply because they were not on the Edison Little River payroll and that is Ms. Rose who is currently at one of the centers and Mrs. Morris. Thank you Mr. Grassie. Mayor Ferre: Ok. Now, anybody else wants to speak. If not, ... Robbie you want to say something? Alright, if not, then we'll continue the next item... Mrs. Chandler: Mayor Ferre, I would like to add something, will this be the end or will this be a continuation? Mrs. Gordon: No. Mayor Ferre: As far as I'm concerned this is the end, this is the Manager's decision at this point. Mr. Grassie: I'm sorry... Mayor Ferre: The question is, is this end or this going to be continued, and I can't answer that question. Mr, Grassie: We have at least two remaining things that are still in process that as Mr. Gary indicated to you will be reported to you. Mrs. Chandler: Then upon the completion of all of the reports I would like to have it sometime even if it's the next Commission meeting, or whatever. Thank you. Mayor Ferre: Absolutely. Mr, Plummer: Mr. Mayor, may I discuss something? Mayor Ferre; In reference to this? Mr, Plummer: Yes, Mayor Ferre: Ok. 68 Mr. Plug er: Mr. Mayor, I'm very much concerned. I've listened to all the conversation:; of the why's and the whereforth's and the why nut's and who is responsible and who is not. Now nit Concern goes back to my original, the quality of service that is being presently rendered at the Day Care Centers is horrible. What in the hell is going to happen? I've not heard one word from, the Administration. I've not heard one word this afternoon that they're go fix thoee places p, clean them, paint them, plant some grass, the only thing 1' vet heard is this magic machine in the sky that's going to be a ; _ ee-•aii will be in operation . the 1st of October, which is x. r Il th; away and not a damn thing is going to ilal_ipe: . Nnw you , no-:: ' 7oing to tell you something, it might as well be over today, 'because we've sat here for two hours anj wasted our, d-: ,:: eae ii. ;",:eriin _, to a whole bunch of statistics, a wh::>.i.e bGnch of xYhedan it' s and whyfor's and you Know what? i P' going to visit that sane bay Care Center in about two weeks, I' m going t; see the same dirty walls, I'm going to see the same liabilities o.: sidewalks half out of the ground, I'm going to see children e layin ; In dirt and no grass, and is that what we're call c;.``: _;. 'r Mrs. C:crdon Qe,. ?:^. Mr. Brassie. Mr. May ... Mr. Plummer.: I wo:.i' d like to have the feeling of walking away from here today, because these other two hours that we've just spent ,:Car a total waste of time, that's what it was, it was a total waste of time, all the way from reports which we didn't even discuss to reeox-ts that otoviousiy somebody wants to over- look, but who's going to discuss about the kid who doesn't even have a refrigerator fur fend that's being served to him? I haven't heard one word about that. Now when ire God' s name are we going to discuss the important things? Mr. Grassie: What about right now? Mr. Plummer: Fine. Mr. Grassie: When I finish my Summary Commissioner, what I asked you for was specific :.questions because I knew things were on your mind. Now you've mentioned two things that are on your mind. l would like to have both of things addressed. First, the question of the condition of grounds. Mr. Plummer: 'ies si. . Mr. Grassie: Mtr, Al Howard is here, you know that he manages parks for the c ty, and he is responsible for grounds maintenance. I want him to discuss with you the alternatives and just so that you know that we're talking from fairly recent experience while you were reading the reports over lunch,Mr. Howard,Mr. Parkins and I visited all four centers. Mr. Plummer: Gk. Mr. Howard: Well, we did originally sod and grass the areas, but it's quite difficult to keep grass inside the fenced area of the Day Care Centers because you have 50 children using that area. Mr. Plummer: You don't have that trouble with the golf courses. Mr. Howard: Well, it's not as constant Commissioner it's not always in the same place, they' xe confined to an area that's only about 40 x 40 that they're playing inside that one fenced area. Mr. Plummer: The:: z f grass won't do it some other surface could, correct? 69 Mr. Howard: We will put in there and I'll discuss this. with Robbie and cover it with tanbard which is very santi.ary etw very safe tally very pleasing to your eye, and we could go in there almost immediately. l think there is some concern about the safety, but we can refine the tanbark so they're very soft and smooth. Mr. Grassie: ... There are four alternatives and I think we need to out' - line all four of them for you. Mr. Plummer: Fine. Mr. Howard: Alright, one black top, resilient black top called safeplate, it's used on some of the swings ana on some of the slides to,iay Mr, Grassie: But that's like asphalting the facility. Mr. Plummer: Forget it. Mr. Howard: But that could also be of abrasive, even though it's supple. We could put sand in, in that area, but sand again really is not good because it carries into the buildings and soils it. Mr. Plummer: It's already there. Mr. Howard: Or leave it as dirt which is not good, or put the tanbark in there which I think is very appropriate. We have areas and a lot of play- grounds in the area outside the city that utilize tanbark, in a playground it's very difficult to keep grass. Mr. Plummer: Is that like an artifical surface? Mr. Howard: It's hemlock chi ppi ngs , wooa cni ppi ngs from bdrK, it's very soft you see it the Kennedy parking lot down here. It's in the playground of a few of our areas down at the South Park, very, very soft and very sanitary, it stays a long time and it keeps the dirt and dust down. There is some question with the young children that we have to resolve but we could do that almost immediately. Mr. Plummer: If we're that much ahead,continue please. Mr. Grassie: The other thing that you asked a question about implicitly Commissioner was a question of a refrigerator in one of the centers. We have asked the Supervisor of that center today what the practice was,as well as another center that relates to this so that I want that reported to you. Mr. Parkins: We're advised that the refrigerator at the center had been broken approximately a week and a half, had been reported and was being repaired and this was at Eaton Park. The refrigerator portion is the part that's out. The freezer is working and that's where the food is stored, other than salads and deserts until it's time to serve and they have a process where they're able to get that from Moore Park in time for lunch. Now we're o f the understanding from the Supervisor that Property Maintenance has assured her that that will be repaired within a week, week and a half. Mr. Grassie: In other words Commissioner, we have freezer facilities available and an adjacent Day Care Center is providing refrigerator facilities. Mr. Plummer: Mr. Grassie for your edification! sirs when I was there there was nothing there, ok. It wasn't there. I'm not going to hassle you, if you're telling me it's going to be fixed that's what I want to hear. Alright, what about the pathways and the sidewalks leading into the center, especially the one at the rear of Eaton? Mr, Grassie: We saw that today at noon. It is being worked oh tight now. Where is Al Howard? Al, the question of the path way at Eaton. Mr. Howard: You're talking about the cement path there? I'll have to contact Eddie Cox and have him call you. Mr. Grassie: Oh I'm sorry. _I was talking about the driveway. Mr. Plummer: No, I'm talking about the sidewalk in the rear of Eaton, where s.mebodv stepped off of it. Mr. Grassie: Alright. ,'m sorry. I'mtalking about a different facility. Mr. Hc•,,rard: I'll contact Eddie Cox on that. Mr. Plummer: Well., you know, Mr. Grassie I could continue, you know, but I don't want to.tr•uth.fully. All I want to say is why does it take a Commissioner, who works as a so-called part- time empl.oyee1 tc g: around ,an:1 find these things? That's not my lob. Mr. Cra s s ie : Ns. Mr. Plummer: But I find them so prevalent when I go there, Now you know I don't think that says too much, either these people who are there are not doing what they're supposed to be doing in reporting it to the proper parties, or the proper parties when notified are not doing what they're supposed to be doing, but here again, the bottomline is it's not getting done. Now, I'll tell you truthfully, I would like to see the Admin- istration go find all of the discrepancies and come back to this Commission at the next Cornmisson meeting and give us a report of what you have done to upgrade each individual Day Care Center. I think it's only fair, T_ mean, you know, if one of them,and I'm not trying to pick on anyone, but in one of them, God it cried out for a brush with soap and water, and all of these people standing around, you know, and all they needed to do was to get a brush, a can of babo and work for an hour. Mrs. Gordon: You're talking about the maintenance crew... Mr. Plummer: Rose... Mrs. Gordon: You certainly ain't talking about teachers. Mr. Plummer: Rose, you got people standing around doing nothing, damn it Qive Them a brush and put them to work... Mrs. Gordon: Ann... Mr. Plummer: We're finding people working out of their class- ifications I don't even find them working in their classification. Mrs. Gordon: Ann, did you want to say anything? Ann wi i son . Ms. Wilson: Thank you Mr. Plummer. I appreciate you visiting the centers, because we've been making these concerns known for 8 or 9 months. We've been trying to get through on these problems and have not gotten anywhere and I appreciate you going out there and looking at these centers and seeing the condition they're in. When they were under Parks and Recreation the maintenance of them, they were properly maintained, they're not properly maintained now,and not only that, but what goes on inside. It is understaffed. All the positions are not filled, so I think there are a lot of other things besides as you say all the facts and statistics which we heard today that are much more important. Children are much more important than statistics, Mr, Plummer: I agree. Rest assured I'll be back in about two weeks, Ms, Wilson: So will I. Mrs. Gordon: I believe Ann, yc3u ' ve done quiet a bit of research on this funding source, the funding that had been re -allocated to the General Funds. I didn't really want to bring this up today Mr. Grassie, but I think that it's necessary for you to consider this by the next discussion period. The amount of money that has been removed from the program that would have ample time to analyze how much of the monies have been removed from the program, put into the General Fund , how much money is being used for that fourth Day Care Center because it became an emergency situation, and that all of that be brought to our attention so that we may properly authorize funds that are needed to have a first class program, the kind of program we'll all be proud of. Thank you. Ms. Wilson: Rose, could I bring up one more thing, Mayor, please? Tomorrow as I understand it because the funding is running out and because the center is going to be closed down because it lacks the proper facilties is Edison Little River, all those little Haitian children are going to be out on the street because it is unlicenseable, and they have been told this time and again. The city owns the building or has just purchased the building, not too far away where these children could be moved, but as I understand it that facility has to be closed down tomorrow. Am I correct Mr. Parkins? Mr. Parkins: The understanding I have is that we do have a temporary right to occupy and conduct a Day Care Program. We did ask for and receive approval from the Fire Chief to use the existing three Day Care Centers for the 24 children in that program, so if we are faced with having to shut it down and the likelihood is very great, it will not be able to accommodate the request of the Health Department between now and the end of the month, that would be an alternative. Ms. Wilson: Could I ask a question, first of all, how can we put them in the other three centers when we don't have the full staff in the other three centers? How can we direct a child ratio any lower to - teacher than it already is? Mr. Parkins: We have just assigned if I'm not incorrect now, I believe the number is correct 28 additional Title VI people to the Day Care Program that should ... Ms. Wilson: Early Childhood Development people? Mr. Parkins: Well, they were interviewed now by the Day Care Administration, so they were not? Who interviewed them? Mrs. Gordon: Who interviewed them Robbie? Mrs. Chandler: I believe this was under that emergency act and we had no choice they were just given to us, and besides these people do not have any training,as a matter of fact, it's putting a extra burden on the few staff that are there because they're having to supervise them as well as the children. So it creates in effect a double problem. Mr. Parkins: We should not... Mrs. Gordon: Oh God... Ms, Wilson: So how can we put these 24 children in with people who are not qualified to take care of children, and when the ratio of teacher to children is already too low? l don't under- stand that. There is a building nearby where these Haitian children could be put, Mrs. Gordon: Are you aware of that other building Rob? Mr, Parkins: Which buiiding is this? Ms. Wilson: It's Al Howard's building and they just purchased it and there's a park... Mr. Parkins: We've talked about that, Al... Ms. Wilson: They could be temporarily put there until some place could be found for them. Mrs. Gordon: Use the mike1Al.,so we can hear what you want to Say. Mr. Howard: We cannot occupy the building,possibly up until 90 days. Mrs. Mc Clain has a right to that and right now she's holding to it. Mayor Ferre: Who? Mr. Howard: Mc Clain,when we bought the duplex on the Lemon City Park. Mrs. Gordon: Is she in there yet`' Ms. Wilson: I don't know whether , , . is she still in it? Mr. Howard: Yes. She has not re -leased it as of yesterday and she is entitled to stay there for 90 days. She I"' still has some of her belongings in the building. If the building were vacated as a temporary measure we would have no objections. Ms. Wilson: Thank you Al. Is there a possibility that she... is one side even vacated? Is she only living on one side? Mr. Howard: She isn't living in there at all but she's maintain- ing her right to hold on to that building and keep her supplies or her furniture in there. This was written into the agreement when she signed the contract. Mrs. Gordon: Is there... Ms. Wilson: Wonder for rent... you know, we're paying that man $600.00 a month for that house, that's a disgrace. I wonder if she would accept payment for... Mrs. Gordon: Mr. Grassie, would you have any objection if the Day Care Committee approached this lady and asked her if she would under the circumstances there 24 children in desperate need of a place to be kept safe.,, Mr. Grassie: Commissioner, you know, I would have no objection to that, and we welcome all the help that we can get. I have to add though that it's very difficult I think for you or for anyone else to deal with suppositions and half of the informat- ion. Now, if we go into this kind of a process of having citizens check with the property owner to see what they might do. What I would suggest is that rather than bring that up as an un- confirmed piece of information let's work with the staff and make sure that we have a written agreement with regard to what the lady is going to do and not going to do before we bring that up as a possibility, simply in terms of procedures. I am suggesting that we oan, you know, we'1]. use all the help we can get but let's try to do it properly. Mrs. Gordon; It's an emergency though Joe, tomorrow 24 child- ren have to vacate a building and cannot be put into already crowded facilities without damaging all the other children as well as those children, by that move and we're not talking about, You know, sardines or something like that, you know, we don't want to create any emotional problems for kids, So 1 believe that if it's at all possible that some negotiation by this committee, they're y qualified to deal with owners, they 73 happen to know this lady's qualifications of salesmanship are super. So if you would just say yes it's ok and they would do it and they could possibly bring about a satisfactory arranges meat. Mr. Grassie: What I'm saying is that I cannot give her carte blanche to commit the city to something... Mrs. Gordon: No, she can't commit, but we don't want to, you know, step into areas that you would feel resentment. You don't want you to feel resentment...We want cooperation and we want to continue this approach that we feel we're moving in now. So ok, Ann. Mr. Grassie: ... no resentment the lady ... Sure. Ms. Wilson: Alright, thank you. Mayor Ferre: Alright, we're now through with the morning agenda. Mr. Grassie: No, we still have ten items on the morning agenda. Mayor Ferre: Oh, I'm sorry we have ten items on the morning agenda, but I'm not going to do this to youq.ladies and gentle- men I'm going to point out what items you're here on and then we're going to take it out -of -order. So I'm going to start reading the numbers and would you raise your hands if you're here on that number? And I will first of all hear all schednled items before we hear any unscheduled items. Item 14,... Mr. Plummer: We've heard it. Mayor Ferre: ... 15. Mr. Plummer: We've heard it. Mayor Ferre: Oh, 16, 17, 18, 19, 20, 21... Mr. Plummer: Hold it, 20. Mayor Ferre: 20? Ok, 21,22,23,24,25,26,27, 28,29,30,Item 30, 31,(31) 32, (32), 33,34,35,36,(36),37,(37), 38,39,(39), ok,40, 41,42,(42),43, that's it. Mr. Grassie: The other thing Mr. Mayor, I should remind you that we still have pending Item C from the morning, because you wanted a follow-up report on that. Mayor Ferre: Yes. 14. CONTINUED DISCUSSION: STATUS REPORT ON NON -UNIFORM BARGAINING UNIT. (TEMPORARILY DEFERRED). Mayor Ferre: We have item C . Who is here on item C. Mr. Grassie: I believeyMr, Mayor7that you asked that... You asked Mr. Mayor that our staff and Mr. Schultz get on the phone. with Tallahasse, I believe that's done that, Mr. Peter Hurtgen 1s here to report on that conversation. Mayor Ferre: Could you do it quickly so we can get to the public item also? Mr, Hurtgen: My name is Peter Hurtgen, I spoke to you this morn n about the sv Ject of the PIKL election, I and Mr. Schultz, directly after you asked to do so+odid in fact speak With Chairian Leonard Carson of the Public Employees Relations Commission t urged on behalf of the city that the unions affiliation be recognized and approved by PERC and urged that PERC do so expeditiously and permit the substitution on the ballot for the hew local 1907 in lieu of the two predecessor organizations. Chairman Carson thanked both of us for our concern recognized the basis for it, said that he had an order on his desk at the moment and was circulating it amongst the other Commissioners and if we were to call back after 3:00 o'clock today we could have it read to us. Mr. Schultz and I did that we've had it read to us, we've had it trans- cribed. It's two pages long, but in a nut shell your honor and members of the Commission the union's effort has been denied. It's been denied for two reasons.(A),It was not a properly styled motion and (B) the union needs to come up with approximately 200 more authorization cards to establish the 30% showing of interest which the law requires that they have and it's my understanding that the union is going to attempt to do that. Mayor Ferre: Mr. Grassie you know that this is a half hour item, because he's going to want to talk and then everybody's going to ... this is going to be a half hour, so I hate to do this to you, but frankly we've got people that have been waiting here for three or four hours on public scheduled items Mr. Grassie: Mr. Mayor, I simply reminded you that it was still hanging, but... Mayor Ferre: Yes I know but the point is they're going to all ... hey, Mr. Hurtgen: Alright, we'll wait. Mayor Ferre: Would you?I'm sorry to do this to you but we're all tired. 14,1 CERTIFICATE OF APPRECIATION PRESENTED TO SRA. DELIA DE VILLAR. ae Mayor Ferre: At this time we have a lady, Dr. Delia De Villar, who has been waiting patiently here for four hours and I apologize to all of you. I'm going to take this out of turn, a little bit late and ask her to step forward to be recognized. This is an appreciation that was on the 2:00 o'clock agenda Rose, and I'm sorry, but she came a little bit late and they've been waiting here since 2 : 30 o'clock.( READ CERTIFICATE OF APPRECIATE IN .SPANISH) . It's my pleasure ladies and gentleman to recognize a very distinguished and a very well known educator in our community and to give her a Certificate of Appreciation to Dr. Delia De Villar. 15, EMERGENCY ORDINANCE: AMEND ORDINANCE 8689- 3RD YR, COMMUNITY DEVELOPMENT FUNDS DELETE TENANT EDUCATION ASSOCIATION OF MIAMI (CoCONur GROVE) AND suasnmrE COCONUT GROVE GRAPHIC ARTS PROGRAM, Mayor Ferre: ... Item #20, which is an Amending Ordinance No. 8689 which appropriated $304,810 for funding 11 Social Service Programs from the Third Year Community Block Grant Funds by deleting Tenant Education Association of Miami"and substitut- ing in its place"Coconut Grove Graphic Arts Program"transferring the unexpended balance of $9,800 to said agency. Father, you want to move that? Rev. Gibson; Yes sir, moved. Mayor rerre; Father moves , is there a second. Item #20, Reboso 74 seconds. Is there further discussion on item #20? You're not against it, are you? No, I'm talking... you are not against it are you? Well, you're going to get this thing passed and that's what you want, now you want to make a comment? Ok. You know what happens when you make comments,everybody wants to argue and then... Mr. Woods: Ok. My name is Roland Woods, Program Coordinator. I would just like to recognize very briefly members of our workshop that are here. Would you stand please, Dr. Marzell Smith, who is the Chairman of the Board Director, Mr. Dean Tenny, who is the President of the Miami Black Arts Organization and James Thurston, who is a member. I just want to mention that we as members of the Miami Black Arts Workshop are in agreement with the contract but however for the records, we would like to make two comments, one being, that on page '2, item 3, and we've discussed this with Mr.Rick Leonardi of Citizens Services and he has told us that will be no problem once this is passed our group can get together with appropriate city officials and these will be ironed out. Item 3 reads, the agency agrees to submit all drafts, plans,and sketches of work to be completed for review and approval to the Director of the City of Miami Lowe Art Center prior to the commencement of any work? We want that struck out to read;''all drawings, drafts, plans, to be reviewed, and approved by the Black Arts Council of Miami, the CD Task Force and Target Area and City of Miami Planning Department!' The second correction we would like made and are assured that there will be no problems in making this correction, is on page 3 , the original state- ment... Mayor Ferre: ... you know, this is going to get,... is some- body following this, so that we have..? Mr. Grassie: My understanding Mr. Mayor, is that this has all been discussed with staff and there is no disagreement. I think he's saying that there is no disagreement about it. Mayor Ferre: Well, then what are we taking the time to go through it for? Mr. Woods: My point is just for the record I want to make sure this goes into the record. Mayor Ferre: Ok. Mr. Woods: Number three, method of payment, the original contract reads,44upon execution of this agreement and with a written request from the agency, the city shall advance one- sixt} (1/6)of the appropriate funds to the agency? We want that (1/6) stratched out and6(1/3)»included in its place. So again we have been assured that these changes will be made. Mayor Ferre: Any disagreement with any of those Mr. Parkins? Mr. Parkins: The only thing that we have attempted to point out on item 3 under part one is that what they're attempting to do is really create a far more cumbersome process than what we wanted to try to do for them. In submitting their graphs, plans, and sketches to our cultural experiences group. It will be far faster than the process that they are defining.We have no problems if they want to go through a far more cumbersome process. It just seems a little difficult. Mr. Woods: Ok, We also appear on item 41, so... Mayor Ferre; Well, it'll come up sooner or later. Mr, Woods; Thank you, Mayor Ferre: Ok, It's been movedby Gibson, 75 Seconded by Reboso, Further discussion. Read the ordinance, Call the roll. AN ORDINANCE ENTITLED, - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO, 8689 ADOPTED SE'TEMBEP. 8, 1977 WHICH APPROPRIATED $304,810 FOR THE FUNDING OF 11 SOCIAL SERVICE PROGRAMS FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY DELETING THEREUPON THE SOCIAL SERVICES PROGRAM KNOWN AS "TENANT EDUCATION ASSOCIATION OF MIAMI (COCONUT GROVE)" AND BY SUBSTITUTING IN ITS PLACE THE AGENCY KNOWN AS "COCONUT GROVE GRAPHIC ARTS PROGRAM" AND TRANSFERRING TO SAID COCONUTGROVE GRAPHIC ARTS PROGRAM UNEXPENDED BALANCE OF $9,800 REMAINING FROM THE ORIGINAL APPROPRIATION FOR THE TENANT EDUCATION ASSOCIATION OF MIAMI (COCONUT GROVE); CONTAINING A REPEALER PROVISION AND A SEVER- ABILITY CLAUSE. Was introduced by Commissioner Gibson, and seconded by Commissicner 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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: NONE. ABSENT: Mr. Reboso. ABSTAINING: NONE. Whereupon the Commission on motion of Commissioner Gibson, and seconded by Commissioner Reboso, adopted said Ordinance by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: NONE. ABSENT: Mr. Reboso. ABSTAINING: NONE. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO.8778. 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. 16. ACCEPT PLAT: STIRRUP GROVE SUBDIVISION NO. 1, Mayor Ferre: The next item to come before us is item 30,accept- ing a Plat entitled Stirrup Grove Subdivision No. 1 at the north- west corner of Franklin Avenue and Royal Road. Plat Committee recommends. Is there a motion?... Yes, well, I'm going to the public items where the public is present and want to be heard. Mr. Plummer: Mr. Mayor, I'd like to get and ask a question on this. Are you the Applicant sir? For the record, would you step up to the microphone and state your name and how you're associated with the project. Mr. Townsend: My name is Al Townsend. I'm the Executive Director of the Model City Development Corporation and we are the developers. Mr. Plummer: Alright sir, This place is already occupied, isn't it? Mr. Townsend; Yes sir, Mr, Plummer: Which is highly unusual. Mr. Grassie approved after the project is occupied.,t that a plat is 76 M D _0/l_aise Mr. Grassier Could be, but let's find out a little bit snore about the background... Mr. Townsend: It was because of the zoning. The special zoning that we constructed the project under. Mr. Plummer: No, I'm questioning how the place is occupied before a plat is approved. Mr. Grassie: Let's ask Mr. Parkes to answer that question) Commissioner. Mr. Parkes: Commissioner this plat was on record or was in the process prior to your ordinance that said it could not be, a building permit could not be issued. This was grandfathered in. The second plat Stirrup II, which you're going to have next)is not so and they need that recorded before they can get a building permit. Mr. Plummer: Is this Stirrup II occupied? Mr. Parkes: No, not yet. Mr. Plummer: Well, just for the record, let me tell you what's happening. The people that are occupying that place presently have been told that this City Commission are bad people and that they are probably going to have to move because this city is dragging it's you know what and not approving the plat and they're possibly going to have ,and move out. Mr. Parkes: This plat has been in the process of being record- ed for about three years at their own delay. Not the city's delay. Mr. Plummer: Who's delay? Mr. Parkes: HUD. Mr. Plummer: Ok. Just want it on the record. Mayor Ferre: Anybody want to move item 30? Mr. Plummer: I'll move it. Mayor Ferre: Plummer moves. Gibson seconds. Further discuss- ion on item 30. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-191 A RESOLUTION ACCEPTING THE PLAT ENTITLED STIRRUP GROVE SUBDIVISION NO. 1, A SUB- DIVISION 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 file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolut- ion was passed and adopted by the following vote: AYES; Mr, Plummer, Rev. Gibson, Mrs. Gordon, and Mayor Ferre, NOES: None. ABSENT; Mr. Reboso, 77 2 2 10 17. ACCEPT PLAT; STIR GROVE SUBDIVISION NO, 2, Mayor Ferre: Take up 31, Accepting a Plat... Mr► Plummer: Move that one also. Mayor Ferre: Plummer moves 31. Rev. Gibson: Seconded. Mayor Ferre: Gibson seconds. Plat Committee recommends. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-192 A RESOLUTION ACCEPTING THE PLAT ENTITLED STIRRUP GROVE SUBDIVISION NO. 2, A SUB- DIVISION IN THE CITY OF MIAMI; AND ACCEPT- ING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolut- ion was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 18. CHANGE NAME OF BEGONIA VILLAS SECTION 2 TO BEGONIA VILLAS SECTION 1. Mayor Ferre: Now, take up item 32, Amending Resolution 78-161 by changing the name of Begonia Villas Section Two to Begonia Villas Section One. What's that all about ? Mr. Parkes: When the Record Plat, Begonia Villas Section Two went to Dade County for recording they objected to the name. You cannot have a Section Two, unless you have a Section One. It's a matter of a name change and it's a policy decision. Mayor Ferre: Mrs. Gordon: Mayor Ferre: Mrs. Gordon: it the first Mr. Plummer: Mayor Ferre: Plummer moves. Is that the one on 22nd Avenue, Begonia? It's just a name change Rose. No I know, but what the heck I didn't vote for time, why should I change its name? That's the"Rose Gordon -Garden". (repeat) You vote "no" on this. Mrs, Gordon: I think it's the same one I'm not sure. it Mr, Parkes? Mr, Parkes; Yes, Mayor Ferre: Call the roll. on Begonia One and Two, that Mr. Plummer No, Begonia Two to One. Mayor terte: Two to One, alright, Mr. Ongie: Who moved that Mr. Mayor? Mayor retre: Huh? Mr. Orngie : Who moved that? Mayor Ferre: What's that? Mr. Ongie: Who moved it, I'm sorry? Mayor Terre: Plummer moved. I guess Gibson seconded it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-193 A RESOLUTION AMENDING RESOLUTION 78-161 BY CHANGING THE NAME OF BEGONIA VILLAS SECTION TWO TO BEGONIA VILLAS SECTION ONE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, and Mayor Ferre. NOES: Mrs. Gordon. ABSENT: Mr. Reboso. Mr. Plummer: Has Parkins left? Mayor Ferre: Who? Mr. Plummer: Alright, don't let him leave, I want ... Mayor Ferre: If he's smart he has. Mr. Plummer: Well, if he's smart he didn't. Mr. Grassie: No, he's talking with the Coconut Grove Group. Mr. Plummer: Ok. I want to ask him some questions,Mr. Grassie. 19, CONSIDERATION OF AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY FOR ADMINISTRATIVE CLAIM SERVICE FOR GROUP HEALTH INSURANCE, (DISCUSSED AND TEMPORARILY DEFERRED), Mayor Ferre: Alright, take up item 39, Authorizing the City Manager to enter into an agreement with the Equitable ... wait a minute, we got to wait for what -his -name, who called me up, says he's got a cast on his foot and he wanted to be here. Mrs. Gordon: Mayor Ferre: Mrs, Gordon: Mayor Ferre: Mr, Plummer; going to move Mrs, Gordon; Which one are Eddie Cole, Number what? 39, you talking about? Well Mr. Mayor, let me simplify that one, 1 am that that be deferred again. And, I am going to second it, 7 Mayor Ferre: That again be what? Mr. Plummer: Be deferred. Mayor Ferret You want to defer what? Mr, Plummer: Yes sir, I've not got any answers. Mayor Ferret Item 39 is to be deferred. There is a motion... Mr. Plummer: The question Mr. Grassie, if you will recall through me I sent to you an individual whose contention was that he could save the city $800,000 and I asked the Administration through you to t'r. Gunderson to shoot holes. in it, and I am still waiting to find the holes. All I find is a recommenda- tion of another company, so until that is answered I'm going to keep deferring it. Mr. Grassie: Well, I think that... Mr. Plummer: Is Mr. Mc Gee here, he was supposed to be here? Mr. Grassie: ... I think Commissioner that we owe you some background on what the consequences of further deferring are, so why don't we talk about that for just a minute? Mr. Gunderson: Members of the Commission, the... Mayor Ferre: What are we on? ... what? Mr. Grassie: Item 39 Mr. Mayor. Mr. Gunderson: The question is actually moot, primarily because as we've indicated all along and in these memorandums that you have received that Equitable has our reserves. That they have no obligations to release those reserves under the contract, that they would be so willing to release those reserves to us provided that's for the contract negotiations and this is what we've arrived at. Now,if the city would like to give up a million dollars to go to another company that would be the consequences of forestalling any action on this proposal. Mr. Plummer: Well, that's not quitethe way I understand it, Mr. Gunderson,and if that's the case I'd like to know who wrote the proposal with Aetna. Mr. Gunderson: 1975 Administration. Mr. Plummer: Ok, you know, all I'm saying to you is,sir,that it is my understanding that the carrier who presently is our carrier will keep those reserves for a period of one year, and at such time it is then reverted back. (Mr. Gunderson: There was no...) Mayor Ferre: Now, wait a minute, Ed Cole, who is an agent for Equitable, whatever it is that he is,with Equitable, called me and he has a leg in a cast,and he said,that he didn't want to come down here and sit three hours like we usually do, and I told him,I would call him ten minutes before this thing was discussed. Now,my question to you is, if you're going to dis- cuss it with all due respects to all of us, I have an obligat- ion to call the man , if you're going to delay it or put it off then I got no problems,and I can call him subsequently, Mr. Plummer: 39... move for deferral. Mayor Ferre: Well, there's a motion for deferral and a second. Now are we going to defer it, because if we're not I've got to call the man and tell him to get down here. Mr, Plummer: Well, I've not even heard from a third individual here who 1 don't know who he represents. i Mayor Ferre: Then,I have to call the man up and tell hits to get down here. Mr. Plummer: I'd say not to because I'm still voting for deferment , Why don't you call the question? There's a motion to defer. ( COtiMISSIONER REBOSO ENTERS THE i+IEETING Al b:13 P.M. ) Mayor Ferret Ok. There's a motion... does anybody object to voting on this now? We've talked about it enough for deferral. Mr. Grassie: Well, I think that you need to have a little more information from the Finance Director, simply so that you know what the position of Equitable is,because they have a timetable andtyou know, you need to knoW what that is. Mayor Ferret Well, that's why I hate to vote on a deferral and not give that man the courtesy of coming down here and speaking his mind. Mr. Grassie: I agree. Mrs. Gordon: A deferral wouldn't do him any good to come down Maurice... Mayor Ferre: Well, let's ask him. Don't you think we owe him that much? I don't owe him anything more than to have him here. Mr. Reboso: Mr. Mayor, it's a motion and a second, right? Mrs. Gordon: Yes. Mr. Reboso: Are we going to tell him to come even if we • . Mayor Ferre: The man said that he wanted to be present. If anybody called and asked for that I would do the same thing. Mr. Grassie: Mr. Mayor... Mayor Ferre: He says he absolutely wants to be heard on the motion to be deferred, so this matter is now tabled until the man gets here, which will be ten minutes. 20. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH COCONUT GROVE GRAPHIC ARTS PROGRAM. Mayor Ferre: We'll now take up item #41, which is Authorization of the Manager to enter into an agreement with the Coconut Grove Graphic Art Program. City Manager recommends. Isn't that what Mr. Plummer: ... a motion to table 39. Mayor Ferre: J.L.,look, I mean out of courtesy to Eddie Cole I... Mr. Plummer: Fine. Rev. Gibson: Move it. Mayor Ferre: Alright, Gibson moves item 41. Is there a second? Mr. Plummer: Second. Mayor Ferre; Plummer seconds item 41. Call the roil, 81 IA1iD -9 ri_4I®RA The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 78-19u A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE COCONUT GROVE GRAPHIC ARTS PROGRAM; WITH FUNDS THEREFOR ALLOCATED FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT- SOCIAL SERVICES PROGRAM TRUST AND AGENCY FUND, TN THE AMOUNT OF $9,800. (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 passer and adopted by the following vote: AYES: Commissioner (Rev.) Theodore Gibson Commissioner Rose Gordon Commis ioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now we have left,the one, the Equitable item, and then we have item C. 21. EXPRESS SUPPORT FOR CONTINUED OPERATION OF YOUTH HALL. Mayor Ferre: Alright, T think this is the time to take up item C. Mr. Grassie: We'll ask Mr. Hurtgen to report to you then, Mr. Mayor. Mayor Ferre: Alright, what happened to the ACFSME people? Unidentified Speaker: Mr. Schultz. Mayor Ferre: Mr. Schultz, Duke Schultz. Mr. Plummer: Mr. Mayor, can I ask a question of Mr. Parkins while he's still here and you're waiting for Mr. Schultz? Mayor Ferre: Yes, go ahead. Mr. Plummer: Rose, and Father, I'd like for you to hear this. Mr. Grassie, through you to Mr. Parkins, I read in the paper the other day, if it is correct, that the Dade County Youth Hall is understaffed and possibly will have to be closing certain portions because of understaffinq, the question I would like answered, is it possible that the City of Miami through the goodness of its heart could take and give C.E.T.A. positions to Youth Hall to operate that most important facility and if the answer is yes, how do we go about doing it? Mr. Grassie: Maybe, you want answers to that question, but also the question of whether or not Dade County has its own C.E,T.A. positions that it could allocate if it wanted to. Mr. Plummer: Well, I, you know, I want to do my part, what they do or don't do they'll have to live with, Mr. Parkins: Commissioner, the answer is that we will get with them and do whatever we can to help resolve the problem. We,.,, looking at my colleagues from Human Resources) we do have some C.E.T,A, positions that we might be able to consider, It would take a little bit of eValuation. We would like to talk with them; the County and the Consortium to see if there's,., Mr, Plummer: Ok,well, Mr. Mayor, I would like to offer a ,,lotion at this time, since the figure that has usually been banded around is 27% of what this city picks up for the County. 1 would like to make a motion at this time, if possible, that the City of Miami contribute to the operation and continuation of Youth Hall, at least, not to exceed 10 C.E,T,A, positions, if possible, and I'll offer that in that forth of a motion. Mayor Ferret Is there a second? MI Mrs. Gordon: I'll second it. MO Mayor Ferret Seconded by Mrs. Gordon. Further discussion on the motion. As I understand that, we can only recommend. Mr. Plummer: That's all. Mayor Ferre: ... to the Consortium, right? Mr. Plummer: No, we have a block grant from the way I understand it. Mayor Ferre: Oh,yes, ok. Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-195 A MOTION EXPRESSING THE CONTINUED SUPPORT OF THE CITY COMMISSION FOR THE OPERATION OF THE DADE COUNTY YOUTH HALL AND DIRECT- ING THE CITY MANAGER TO INVESTIGATE THE POSSIBILITY OF MAKING AVAILABLE UP TO TEN (10) C.E.T.A. POSITIONS, IF FEASIBLE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 22, RESUME DISCUSSION' ON STATUS REPORT - INN -UNIFORM BARGAINING WIT. Mayor Ferre: Alright, Mr. Schultz. Mr. Schultz: Yes, Mr. Mayor, Mr. Vice Mayor, and Commissioners. Consistent with your request earlier that we jointly, Mr. Hurtgen, and myself contacted Public Employees Relations Commission to discuss our problem with the Chairman. We did, in fact, discuss it with the Chairman earlier, as Mr. Hurtgen said. We, then called again, approximately 3:00 o'clock,and were told as I surmised earlier, that our petition for affiliation was denied. Mrs. Gordon: What? Mayor Ferre: Your petition for affiliation, you're going to explain that later on. Mr, Schultz: Yes, sir, that's correct... Our petition, the document that I gave you,at the last sentence on the second page, "because the Commission is without authority to grant the relief requested, joint petition to accelerate affiliation is denied. It is so ordered," While T do not concur in their findings. They are basing this denial,as I see it,on the fact that the new affiliated localunion in their estimation is required to solicit 30% of the authorization cards, from 30% of the employees in the bargaining unit, 1 totally dis- agree with. 1 think if you have the two parties, and they certainly have the 30% representative of the employees that thit can be approved and PERC in their infinite wisdom chooses to take a different approach. The alternative to this is, as Mr► Hurtgen and I discussed with Tom Brooks, PERC is for the new affiliated local union 1907 to go out into the work place and collect additional authorization cards to substantiate 30% and they will proceed to an election with just, 1907,on the ballot. Miami -General Employees Association, ACFSME x 1907. Mrs. Gordon: So, what about the scheduled election, that'll be postponed? Mr. Schultz: The scheduled election,in order to get this other accomplished in time to get the additional cards,and get the cards to PERC with a motion, is going to have to be postponed, and if there is any blame that falls anywhere as a result of this, we and ACFSME take the total blame, and certainly exempt the City Administration from having any responsibility for this blame. This is what we eventually wanted to get accomplished, was that 1907 be on the ballot by itself, and we're willing to take the blame for a couple of weeks to get this accomplished. I estimate that at a couple of weeks. Mr. Hurtgen, in his conversation, joint conversation, with me.with PERC, did reiterate the City Commission's position ' and did tell them that the City had no opposition whatsoever, to this affiliation,in our conversation this morning and they jointly joined with us and urged the Commission to grant the affiliation this morning, however, as you can see on the document... Mrs. Gordon: Ok. . Mr. Schultz: ... Mr. Mayor, in particular, when you say, I don't see how they can deny this?,that's what I was referring to this morning with the quote, dictatorial powers, unquote, of PERC, they can do anything they want and we suffer the consequences, they have done it yes. Mrs. Gordon: Can we postpone that election, though? Can we? Mr. Hurtgen: Well, if I, might speak to that, Madam Commissioner, it's an election that's conducted by PERC and the timing of the onduct of that election is stri.ctly in PERC''S hand. Now, we have been doing whatever we could to expedite that. 1 think Mr. Schultz is correct, if the union files another motion along with another 200, approximately, cards signifying employee support for th.e new local, and if PERC were to grant that, and I think they will, it will undoubtedly delay the election. Mrs. Gordon: It will not? Mr. Hurtgen: It will, in my judgment, I told PERC`S general counsel on the phone, with Mr. Schultz, that I would urge the city to be supportive of that new effort that they make, if they make it as long as the City Commission were in agreement with the understanding and with the knowledge that it would probably delay the election that we've been seeking to have for so long. Mrs. Gordon; I'm in favor ... what about the rest of you? I'll so move it then. Mayor Ferre: There's a motion and a second by Mrs. Gordon,.,, well, I guess the motion is that due to the circumstances of what has developed today that if the two unions are able to get the required 200 signatures, I guess, that's what it is, 84 Mr. Schultz Yes, it's 200 plus, they are rejecting some of the authorization cards for various reasons. Mayor Fevre: ... that If that results in a delay of the election that we concur. Mro. Gordon: We don't object to the delay, that's what it means. Mayor Terre: That we don't object to the delay so this matter can be clarified. Mrs. Gordon: Right, Mayor Ferre: Is that correct? Mrs. Gordon: That's the motion. Mayor Ferre: Alright, further discussion on the motion. Do you have any problems with that? Mr. Grassie: I have no problems with what you're talking about now. I, ... simply need to indicate that we've been trying to get this election for over six months. Mrs. Gordon: Yes, but... Mayor Ferre: Now, you know, you guys are all becoming the same. You're getting all the habits of Plummer. Plummer is getting some of your habits ... Mrs. Gordon: Yes. Mayor Ferre: ... and, I don't know why you had to make that statement... Mr. Grassie: In neither case is it an improvement...(laughter) Mayor Ferre: ... Alright, any further discussion? Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-196 A MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION THAT IN VIEW OF THE ACTION TAKEN BY P.E.R.C. ON THIS DATE, THE CITY COMMISSION ' DOES NOT=OB ECT• TO THE DELAY OF THE SCHEDULED ELECTION IN ORDER THAT THE TWO UNIONS IN QUESTION BE ALLOWED TO BOTAIN THE ADDITIONAL 200+ SIGNATURES WHICH HAVE BEEN REQUESTED BY P.E.R.C. IN ORDER THAT A NEW MOTION MAY BE FILED BY THE TWO UNIONS WITH P.E.R.C. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None, A5 23. GRANI,REUEaT}upo Ay M.I,OF FEES FOR USE OF CITY'OWNED FACILITIES FOR R• M I �N 1ILW H R I 1 S MEMORY O SERVANCE, Mayor Ferre; At this time, we're going to very quickly take up the item with Martin Luther King, which I apologize, I didn't realize we had the President Of Florida Political Education Association, and as you know, on April 2nd through the 9th, we have the Florida Political Education Association commemo- rate the Martin Luther King Day. They are requesting a waiver of fees for Gusman Hall on April 4th. Moore Park on April 7th and Miami Stadium April 9th. They are also requesting a waiver of fees for the usage of the Showmobile, 7, 8,and 9th. And, they've invited by the way, national leaders, to me, one of the great public speakers that I've ever been privileged to hear, Congressman Walter Fauntroy, Vivian Malone Jones, Al Greet,, Hosea Williams, Rev, Ralph Abernathy Rev. C. L. Franklin, and others. I thought you were also inviting Maynard Jackson? Mr. Ted Lyons: Ah, well, 1 didn't ... all that I'm sorry. Maynard Jackson, indicated that he would let us know Monday morning whether or not he could fit it in his schedule. He has confirmed, but something came up, because he's having problems in Atlanta, as you well know, and he has to see if he can get a way. Mayor Ferre: Now, you know, I'll tell you, I'm for you and I'm going to vote with you, but,and I hope you don't misunderstand, this is not a personal thing, because I don't want my picture in the City of Miami... Mr. Ted Lyons: Can I explain that? Mayor Ferre: Yes, but... Mr. Ted Lyons: Can I explain that to you? Mayor Ferre: Yes, but before you explain it, let me make this statement. Mr. Ted Lyons: Yes,sir. Mayor Ferre: You know, here you got Metropolitan Dade County, and the Mayor of Dade County, and you come into the City of Miami, and you're asking the City of Miami to give you the Auditorium, Moore Park, all these city facilities, but you're publicizing Metropolitan Dade County. Mr. Ted Lyons: Well, sir, it's a reason for that, but let me explain something Mayor, Dr. King gave his life for the world, not only the City of Miami, or Dade County, and I'm not trying to get facetious, but that is a fact. Tne reason that that's there is because... Mr. Charles Lyons: Let me explain it to you... Mayor Ferre: Because you went to him first, and he gave you a letter ... Mr. Charles Lyons: Right. Mayor Ferre: ... but they're not going to give you anything more. Mr. Charles Lyons: Ok... Mayor Ferre: ... see, and you're coming to the city, because the city is not going to give you a letter, but they're going to give you Gusman Hall, Moore Park, and the other one. Mr. Lyons: My name is Charles Lyons, and I would like to say on our way in, I did mention to Ted, that gee, we're coming into the city with the County's picture on the back, but that happened because of the fact that you were a little late sending your letter. ... Right, and that is the truth, that it took a week, and we couldn't wait, we had to get this in the street. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mrs. Gordon: Ok. Is there any objection from the Manager, if not, we'll move it. Mr. Grassie No. (BACKGROUND COMMENTS MADE QfF THE PUBLIC RECORD), Mrs. Gordon: If we have a certain allocation J.L. Mr. Grassie: My impression, Mr, Mayor, and members of the City Coll 6issi0n1 is that we have never seen this request, so I don't know where it fits within your policy. Mayor Ferre: It fits within our policy, because Rev. Ed Graham called me and asked me to put this on the agenda, and these two gentlemen have been sitting here, basically all afternoon. Mrs. Gordon: Yes, and Father Gibson, is on this Board of Directors... Mayor Ferre: Father Gibson, is on it I assume. Mrs. Gordon: Yes, he won't vote, but I'll make the motion. Ok, I'm moving it. Mayor Ferre: Alright, Father, you seconded it. Mr. Grassie: For clarification, what is it that we're moving?... Mayor Ferre: This is the same... Mr. Grassie: What I was indicating to you was that we have not seen this before, so we have no knowledge of what it's being asked for. Mayor Ferre: Mr. Grassie, the motion is this, that, remember what we did with Boystown, Mr. Grassie? That's what we're doing here. Mr. Grassie: Yes, but Boystown went through a process, so that we knew what they were asking for. Mayor Ferre: What they're asking for is, if it's available, Gusman Hall, on April 4th. Moore Park on April 7th. Miami Stadium on April 9th. They also want,th& waiver of the fees for the Showmobile. And, the motion is that all these things be granted, provided, however, that it doesn't cost the City of Miami. What we're doing is waiving the regular fees. Mrs. Gordon: Waiving the profit. Ok? Mr. Plummer: Fine. Mrs. Gordon: And, there is a time element, see, so we can't delay it, and say next time, you know. Mayor Ferre: Now, I want to make sure that Mr. Lyons understands. Have you checked out to see if Gusman Hall is not booked on April 4th? Mr. Ted Lyons: Yes,sir, we have cleared all these dates and we have left deposits with the dates. Mrs. Gordon: You got deposits for that... Mr. Ted Lyons: We were there yesterday. Mrs. Gordon: Oh, well, they're all clear. Mr. Ted Lyons: Yes. Mr. Plummer: So that you further understand, and you don't have any misunderstanding later, you understand that there are costsinvolved which you are going to have to pay, such as... Mr. Ted Lyons: Sir, we understand everything that we have to do here. We're asking for the things that we would like for you all to help us with in getting this agenda in order for the 2nd of April. Mr. Charles Lyons: Ok. wnat has happened is., we're asking for as.) itch as we can of the City and the County; and whatever we have to pay for we will. Mr. Plummer: As, long as. you unders,tand that, that's. the point. Mayor Ferre: Ok. Mr. Plummer: Florida Power & Licht is mean, they want their .,.. Mr. Charles Lyons: Well, sir, excuse me, i would like to ... Mayor Ferre: i o ,thee .:?rt{ thev not to pay for the lights, and they got to pay for Mr. rAarlcs Lyons: . insu-ar;ce, Mayor Ferrc: c-:ar;r.q i,. up, and police, and whatever it is... Mr. Plummer: :_;.age ha, , 01 of that's got to be paid for. Mr. Charles Lyons: `Yes, we understand that. Mrs. Gordon: ;'f. Mayor Ferre: Ok. Pr.yr nine; c se? Alright, call the roll. The following rneCir,rt was introduced by Commissioner Gordon, who moved its a opt i an MOTION NO. 73-I97 A !AO 1ON PEFEk:R1,1!r, THE REWEST BY THE POLITICAL EOKAT“!;441 ASSOCIATION FOR THE USE OF SEVERAL CITY-OWNit FACILITIES TO THE CITY MANAGER WAIVING PROEIT BV THE CITY OF THE FEES BY REQUIRING THAT SUCH GROAN: ZAT i ON PAY OTHER EXPENSES INVOLVED. Upon being seconded Commissioner (Rev. )Gibson, the motion was passed and adopted by *nr following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mr. Lyons: Thank you. Mrs. Gordon: Send us an invitation. Mr. Lyons: Ok... right. 24. RESUME DISCUSSION OF CONSIDERATION OF AGREEMENT WITH EQUITABLE LIFE ASSURANCE CIETY FOR ADMINISTRATIVE CLAIM SERVICE FOR GROUP HEALTH INSURANCE6 (TEMPORARILY DEFERRED) Mayor Ferre: Ok, Mr. Cole now that you're here, there was a motion, which, do you want to make it again Plummer for discussion purposes? Mr. Plummer: The motion very simply Mr. Mayor, was for deferment, because of... Mayor Ferre: Mrs. Gordon seconds... Mr. Plummer: ... of some areas that had not been covered, Mr. Mc Gee, and his counsel Mr. Fitzgerald are now present, they can discuss their aspect of it. This third gentleman, who I do not know,is present he can discuss his aspect if he want3 to get into that. Mayor Ferre: Alright. We'll go back to the Manager and start with him. Mr. Grassie: I'd like the Finance Director to give you enough background on this item so that we have some understanding of what was being proposed, and then possibly we can get into some of the specific questions that you have. Mayor Ferre: Alright. Mr. Gunderson: Gentlemen, what you have before you consists of a proposal for the Group Health Insurance,and Life, and Disability Insurance for City Employees. The total payment currently for both City and Employees amounts to about $4,900,000 annually, that's our premium that we've been paying. We've been paying this to the insurance firm, Equitable, has been the current carrier. What we decided last year was, we examined some alternatives to that proposition. Outside of continuing with Equitable under that arrangement there are other approaches. One is to have an Administrative Claims Service,that is someone who will process the claims. But in effect the City becomes the carrier. We went out on bids and we received, we went out to six people and six firms, and we received responses to the reauest for an Administrative Claims Service. In the pro- posals that were submitted we examined them and we concluded that Equit- able had the lowest overall cost, relative to an Administrative Claim Service. In thisithat they would continue to carry the life and the accident and disability. The life would be carried at 90t . It currently is $1.04 and the disability would be 11C. The Administrative Claims rService cost for theirs would be 42%. Now, other firms including Florida Administrators came in and they were lower, but they could not compete in terms of the other aspects of the program. In the Administrative Claims area there were variations everywhere from 22%, which was for Administrators up to 7% which was Mc Gee, under initials Submissions, The operation of this program would be that ,under city would rcccivc bec+ from Equitable its reserves, but it would pay him, that is, those monies in excess of claims and cost of processing in profit, that Equitable is currently charging us in our premium. They would return all of those reserves to the City, and the City then would set aside those reserves in our insurance trust fund. We would pay them only 4'2% of the cost to provide the Claims Services, that is, all existing benefits the Employees have would continue on, but Equitable would also continue on processing the claims as they heretofore have, except, now would be a known cost of 42% of all cost relative to the claims, with a stop loss figure that they had on top which meant that claim cost could not exceed $3.00 and some odd cents per employee. That's the basic framework in which the bids were submitted, and what we're recommending here is that Equitable be given the award for several reasons. One ,is because on an overall basis it is the lowest cost. Two, and more important too, is that Equitable has reminded us that they have no responsibility under the existing contract to return our reserves. It almost makes the question moot. Mayor Ferre: Alright... Rev, Gibson; I hear what you say, and I think I understand... There is no need of giving away money. The different Employee Groups, do they know and are they aware of what we are about to do? Mr. Gunderson; The Employee Groups were called in a week ago, or last week, I guess it was, and we gave them a briefing as to what the program would do. In those terms we covered all the aspects of the program that reserves would be Set-up in the Insurance Fund. The Employee Groups; several of the members therelsought to have further input into the program. We assured them that one of two things could be done. One, we could give them quarterly reports, and they have access to me at all times relative to the operation of the Insurance Fund; or two, we could convene a simple meeting every month or every quarter of those members and go through a question and answer input session, Soryes, we did meet with them, we did explain the program, and we did not necessarily, I don't know if they signified, because I left before it was over; signified that that was acceptable to them. Mayor Ferre: Alright, it's almost 6:00 o'clock and we've got a long agenda to get through still, so I would urge for you to be brief and to the point. Mr. Teens: Hey, I'm going to try to Mr. Mayor. My name is Don Teems, President of Miami Association of Firefighters. We did meet with Mr. Litvak on Tuesday. The City Administration has been working on this Self Funding Pruyram for over a year. They allowed us to meet with them on Tuesday before today, ok. We have a lot of serious reservations about it, all the Employee Groups do. We don't know what we're buying. Over of the premiums that are going to be put into this fund is going to be put in by the Employees,and we feel like we need some input into what is going; to happen with the reserves, the interest, and an example, the dividends,are they going to come back to the Employees, .are they going to go straight to the City, or are they going to go to the General Fund? We don't know, we need input, we need information, and therefore, we're asking for a deferral until we can get this information. We don't basically quarrel with the concept of self -funding. We think it's prob- ably a good concept. We question again, and again,communication with the Administration. she same problem, you know, we've been up here time and time and time again, here we are again. There is a possible legal ramification as far as the Firefighters are concerned with the prevailing benefits portion of the contract. I believe this is a change in the benefits. It is a change in that portion of the contract, and I think we could have a legal stared if we wanted to. Now, I'm not saying we want to. I say again, that we agree with the basic concept of self -funding. We don't agree with no input on what happens to our share of the funds. We don't agree, we've got, hey, I got two dozen questions right here that I don't see any sense in going into. We can go into at a table somewhere. Mayor Ferre: I agree. Mr. Teems: But, we would ask for a deferral until such time as we can get these questions answered and have some kind of agreement. Mayor Ferre: Alright. Anybody else want to speak to this? Lt. March: I just want to... echo the comments that he made. I have other reservations. Mayor Ferre: Lieutenant, let's get your name on the record. Lt. March: My name is Don March, I'm the President of Walter Headley,Jr. Lodge #20, Fraternal Ordcr cf Police. As far as meeting with Mr. Gunderson, I'm curious as to who represented the Police Officers in this particular meeting. Was there someone present? (COMMENTS MADE OFF THE PUBLIC RECORD). Lt. March: ... because I found out about this proposal yesterday after- noon and 1 had to take extrordinary measures to clear the time to come down here just for this item here. We were not represented at this meeting. We have been represented throughout my 11 years to my knowledge through some conIr:�ttee or another in which the insurance issues always came up, we discussed them, we are aware of what's going on. To find in the support documents that were furnished with this agenda today, that this has been going on since early 1977, and then all of a sudden it has to come up today, and we had to do something by April 1, I have some 90 extreme reservations about the way this whole process. was conducted, I have some reservations as to how we stand as an organization with the way this thing has been accomplished. We don't have enough time to sit down and explore with our attorney where we stand legally. You know, it's not adequate notice. I'd like to go on the record here# should you pursue with this as its drafted, to inform you that we will do whatever it is that we can to research this, we by no means, even if I stand moot and don't object to the specifics or whatever proposals you may or may not adopt here I don't relinquish our ability at some other time to raise any objection to what is accomplished, I'm not try- ing to be obstructionist in anything that I say here Mr, Mayor, but to find out about something as important as a significant change in the medical coverage of the people I represent,informally,as a tip,the day before it's supposed to an agenda item here, is to me very much.some cause for concern. Mayor Ferre: Alright, Mr. March, thank you, sir. Mr. Sherman: Mr. Mayor, Mrs. Gordon, my name is A.G. Sherman, President of Miami General Employees Association, A.F.S.C.M.E. Local 1907, I would agree with Don Teems1presentation. I myself, am not that knowledgeable of exactly what the program does constitute. I had contacted Marshall Litvak and asked him that we meet with the different organizations to bring and have more input into the proposed self -funding. I am not against it, but I would like to have more knowledge to take back to our membership, and I will go along with Don Teem's presentation. Mayor Ferre: Alright, Don, Mr. Teems: I don't know if I'm out of order or not, but could we get some kind of kind of direction from this Commission to the Administration if they will sit down and talk to us? Mayor Ferre: Yes, well, why don't we get to hear everybody, and then if there a... Mr. Teems: Ok. Mayor Ferre: ... motion which can be amended to include that. I don't think it's any problem on that. Whose... Mr. Fitzgerald... Mr. Fitzgerald: Yes. My name,for the record, is Joseph M. Fitzgerald, and I'm a Lawyer in the City of Miami, located in the Security Trust Building, 700 Brickell Avenue, and I am here on behalf of the Office of Mr. Mc Gee and Company. My client, I think I can speak accurately for him was not aware either of some of the previous meetings that have gone on and that have been referred to today,althouhg I believe he has made some presentations in the past. I merely, I'm here for the purpose of intro- ducing Mr. Mc Gee, who may or may not be known to you to tell you that he has been for many years in the business of being an actuary , an admin- istrator, and a consultant of employee benefit funds. In fact, has been active in the City of Miami in handling the Archdiocese of Miami and the Diocese of St. Petersburg, Health and Welfare Programs, as well as their pension program, and I can tell you that we are very happy with the result of his administration. He maintains an office in Miami, This is not a long range program,on his part , he is active here in the city, maintains an office, and employees here in the city, so that anything that is needed to be done is done on the scene, not sent out to some foreign state, so to speak. I had occasion to look at the memorandum from Mr. Gunderson to Mr. Grassie, the City Manager, and several questions concerning the memorandum came to my mind that I'm sure must have come to yours. I have a memo here which particularly notes those items, but rather than take the time of Mr. MC Gee himself, who is in fact, the expert in the field I would like to relinquish my time now and ask you to listen to his presentation, first of all, with the acknowledgment that, it is obvious that other hearts of the city employees are dissatified, either with the plan as it has been presented and recommended to you, or through the fact that they have been inadequately given an opportunity to make their own appraisal of the plan that was recommended to the City Manager, I am grateful to you for giving me the opportunity to present Mr, Mc Gee, and I'm sure that you will be concerned with what he has to say aborat the program. Thank you ail.., Mr. Mc Gee,.. 91 Mr. Mc Gee: `thank you, your honor, ladies and gentlemen of the Commission. We received a letter two weeks ago telling us that your learned Finance Officer had suaa sted to you that v,m taleo an enter into what it known as the contract with Equitable, your current carrier. We have made presentations dating back from September 26, 1977, which were sent to you, in which we alleged that we can save this city better than S800,000 by a truly funded plan. Mt. Mc Gee: In our opinion the big weakness has been pointed out by some of these representatives that are placed in the is that you have a contributory plan two million eight hundred thousand dollars of that money has been paid in by the employee, two million eighty five thousand by the city. If you were to take and go into the arrangement offered you by Equitable, set aside for the moment the fact they say if you don't do this you are not going to get your reserves back- Mr. Gunderson, has said that you entered into a contract where you had no right to those reserves. We proposed and if I had the tithe to go into it I have charts here to show it to you, but Mr. Mayor, you said you wanted this done in a hurry. We proposed to you that you set up a full trust self insured plan not a claim service only, we never bid on a claim service only, if we Were to provide you with claim service only- we have a fully staffed office, a bilingual office here that is still in use for ten years, we can do it. Our cost would be much less than what has been quoted to you percentage wise and otherwise. Secondly, in my discussions with Mr. Gunderson, he mentioned this claim service only to me, I told him I disagreed with it. I think you should fully self insure your entire program, I think you are on this April 1 date acting hastily because your policy- there is a debatable plan as to when it renews- in your master policy see it is dated February 1, this is the master policy. We have been told that your renewal date has changed to October 1, there is no writer that has ever been presented to me, not letter signed by equitable of this change. We have requested it, we have not received it. In Mr. Gunderson's memo to Mr. Grassie, he said that by April 1, you are going to get a dividend for the year ending September 30. How much is that dividend? And he further says in his memo- and you will excuse me, please- that you would get back somewhere between a million dollars and nine hundred thousand, but you must deduct from that- according to an earlier paragraph in the same memo- approximately six hundred thousand which is going to be paid out in incurred claims. So, all you are talking about that you are possibly going to get back from Equitable is three hundred thousand, if you cancel and let them pay the month out, they pay it out of that reserve. Your reserve however, on the last statement we received, which was for 1977, was one million four hundred thousand dollars. Now, what happens to this additional four hundred thousand are Mr. Gunderson's figures. Now, another point is this, since you have got a contributory plan no where in Mr. Gunderson's memo does he talk about the rate. How much is the employee going to contribute when you are talking about paying claims only? How much money is going to go into it? This resolution has voided that. Another thing is in the resolution it clearly states that all Equitable is going to do is pay claims and give you weekly or monthly reports of claims, they are not going to analyze, they are not going to file your reports, they are not going to prepare them, but in the resolution it said it is necessary to have the State Insurance Department approve the actuarial computations used in this. Who is going to do the actuarial studies? Who is going to pay for that? Who is going to pay for the initial setup course which Mr. Gunderson says the City must absorb? Who is going to pay for your annual review? Who's responsibility is it going to be to fill out- 4B the actuarial report or form 5500 that's filed with the ?- an actuary must sign that. We will do all of these things. Furthermore, we proposed to stop loss protection in the amount of two million dollars over your annual contribution. If you will give me the time I will take charts and show this all to you. We have done this with the , the Miami , and St. Petersburg for ten years. Our rates as against commercial carriers on that plan are approximately 28%. We have more than adequate reserves established and we have stop loss We can do it for the City of Miami and we would like to have and opportunity to do it, but in order to do this Mr. Mayor, we need complete disclosure of all information. We need up to date census data. Your policy year is September 30, we will do this and we will like to do it under contract, then you will have a complete report of a truly self funded plan, not a claims only plan. I'd like to say one further thing, insofar as the turn around time on the payment of claims our office has a non -parallel record of a turn around time of 72 hours in this area on a completed claim form. We are familiar with the providers of service. We have issued and will continue to issue ID cards to every member of the program. We cover all forms of health and life insurance. We don't think when you have had a life insurance in an accidental death program here with Equitable since 1975 and your license have been below 60% that you should continue to insure it. Why, should you pay out some ninety five thousand dollars for coverage when you are only using up 60% in self-insurance and the balances go into reserve? If you would like to see our charts I will show them to you, I do however, urge you to do this, defray any action, allow us to make a complete study and we will show you conclusively how much money we can save. I'll answer any question you may have. Mayor Ferre; Well, are there any questions right now at this point? Alright, thank you, sir. 3 MAR 231978 Jr Mayor Ferre: Are there any other speakers on this item, Mt. Hoffman: Commissioners, my name is Bob Hofftnan, and I represent Gulf Life Insurance Company. Mr. McGee, has addressed the matter of the reserves fairly accurately. I believe Mr. Gunderson is wrong i;1 stating that you would forfeit a million dollars in reserve reserves, that's just not the case and to a cuttent cattier would put the gun to your head and say you are going to forfeit these monies if you go with somebody else, I'm sorry I don't think that's tight and another point- Mr. Gunderson, before said that the life insurance tate quoted by Equitable was 90 cents down for a $1.06. Gulf Life had quoted a rate that would have save the city some eighty two thousand dollars a year from the dollar four rate of Equitable and all of the sudden today we find now that Equitable is going to drop their rate. The point being that there weren't any formal specifications or any sealed bids received on this matter. We submitted a rate to the City which- I'm not saying that it was shown to Equitable, but certainly it seems like that to us, it does seem that we were treated very unfairly in the matter. I think this is a matter that deserves a lot of further consideration, there probably should be some sealed bids involved here and I request that you also defer this matter for more consideration. Thank you. Mr. Cole: Please, excuse my condition and mv dress, I. thought I was 22 and I tried to stretch a double inr,, a triple and didn't make. (INAUDIBLE BACKGROUND COMMENT) Mr. Cole: I was in a softball game. Mayor Ferre: What he is asking you is for the truth. Mr. Cole: My name is... 1 beg you pardon? Mayor Ferre: What he is asking you for is the truth. Mr. Cole: The truth? Mayor Ferre: You weren't in a softball game and it wasn't two martinies it takes more than that to knock that man over. Mr. Cole: I refuse to commit myself. My name is Edwin R. Cole, I'm the agent for the City of Miami and I represent the Equitable and I would like to defend the administration. The administration, Mr. Gunderson and Mr. Litvak, did a very competent job in thoroughly exploring the administrative claim service. They offered the necessary information to every carrier that wanted to bid on the matter. People had lots of time to prepare their bids, the choice was made by Mr. Gunderson and Mr. Litvak , after reviewing all the matters. I don't want to get into a direct confrontation with you Mr. Mcgee because...but, you said somethings that aren't true, for example; you indicated that you thought that the return to the City would be $300,000. Well, I have checks right here for dividend for $125,000 and we have agreed to return $750,000 by May 1, which would be the reserve. The balance of the reserve would be then transferred to the City about two months after that so that the dividend you now know, you should have known because we gave that information to the City months ago. (INAUDIBLE BACKGROUND RESPONSE) Mr. Cole: Well, everybody had it, everybody in the Commission had it. So, the fact that the Equitable is going to return $300,000 just isn't true. I think that when you said that you could save the City $750,000, I think you were referring to a return of their reserves, that's not a saving, that was... (INAUDIBLE BACKGROUND RESPONSE) Mr. Cole: Oh, you are going to save... (INAUDIBLE BACKGROUND RESPONSE) Mr. Cole; Ok, I was just trying to clear up the matter of the amounts of the reserves and the dividends. Now, one thing should be very clear there is no change in benefits in the program, none whatsoever, so the employee groups should not be upset with that. 1 can't argue with their reason to defer because they Claimed that they were not aware of this until Tuesday. Now, if that's so then perhaps there should be a deferment in that case to give them an opportunity 94 act A7a. to go over this matter thoroughly, but with respect of two other statements that were Made I'd like to say this; fitst, as far as returning the tesetves the contract says that if the contract is canceled on the annivetsaty date which is September 300 then the reserves are held for one year to pay the tuhOut of claims and whatever is left is then returned to the City. In this particular instance they were interested in changing to an ACS Program on April 1, and I prevailed upon Equitable who is not obligated to return the reserves if canceletion cottes off anniversary date,I prevailed upon them to return the reserves nevertheless, which they agreed to do, so I think that if there is a deferment perhaps to give the city employee groups an opportunity to review this progran and to have their say as far as what happens to the reserves and what happens to the dividends that's one matter. It's very difficult for us to keep moving this date off because each times it happens it requires a lot of additional labor. If there was some way that you could give assurance to the city employee groups today that they will have their say as Mr. Gunderson has offered, they will have their say in what happens to the reserves, what happens to the dividends and so forth, I Mould strongly urge you to move ahead. The administration did a yeoman job in putting this together and they should be allowed to move on to this situation. Thank you. Mayor Ferre: Alright, Plummer moves. Mr. Plummer: Mr. Mayor, I have heard nothing here today that has changed my mind, I still move for the deferment. I will ask as part of that motion that the employee groups be taken into consideration before the matter is brought back and that two other parties be given any and all information that they request, so that they can analyze and if they still disagree with the administration, come back here when this item is rescheduled, with that inclusion I'll move the motion. Mayor Ferre: Gordon seconds, further discussion, call the roll. Mr. Grassie: The asumption of course, for information is that when you talk about any information they request that's reasonable... Mr. Plummer: That is available. Mr. Grassie: ...but, it's available,is correct. Mr. Plummer: Sure, you can't give them something you don't have. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-198 A MOTION DEFERRING CONSIDERATION OF AN AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY TO PROVIDE ADMINISTRATIVE CLAIM SERVICE FOR GROUP HEALTH INSURANCE AND DIRECTING THE CITY MANAGER TO PROVIDE ALL THE INFORMATION REQUESTED OF THE CITY BY TWO OTHER INSURANCE COMPANIES THAT HAVE EXPRESSED AN INTEREST AND TO INCLUDE REPRESENTATIVES OF THE EMPLOYEE ORGANIZATIONS IN THESE DISCUSSIONS PRIOR TO THIS MATTER BEING RESUBMITTED TO THE CITY COMMISSION FOR CONSIDERATION. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None, Mayor Ferre; We are now,,, is there anybody else here on any public item that has been heard that wishes to be heard)that is a number on the agenda? UNIDENTIFIED SPEAKER: Could we take a five minute break? Mayor Ferre: Yes. Mr, 'Pixon, are you here on some item? Te3.1 me what that is, 93 ma 2197 Mr. bikon: It's a non-scheduled item, sir. Mayor Ferret Went you will have to wait yout turn, Mt. Plummer: Come back next month. 25. ACCEPT glb; MANOR SANITARY SEWER INPROVEMI - SR-5437 - C. Mayor Ferre: Alright, is there anybody on scheduled items that hasn't been heard that wants to be heard- raise your hands, otherwise we are going to start with number 1 and go right through the list. Alright, we will take a five minute break right now. We are going to start off with item 1- a resolution on it. Rose? Plummer if we concentrate we can get... Mr. Plummer: Concentrate and get out in five hours. Mayor Ferre: Rose, Francine, come on we got to go to work... concentrate and we can get through this stuff quickly. Now, unless you have a real problem with something please let's see if we can get through. Let's take up item number one; resolution projection, Manor Sanitary Sewer Improvement. Mr. Plummer: Move it. Mayor Ferre: Rev. Gibson: Mayor Ferre: Plummer Moves... Second. ...Gibson seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-199 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $618,580.50 FOR MANOR SANITARY SEWER IMPROVEMENT SR-5437-C (centerline sewer) IN MANOR SANITARY SEWER IMPROVEMENT DISTRICT SR- 5437-C (centerline sewer) FROM THE ACCOUNT ENTITLED "SANITARY SEWER G.O. BOND FUNDS" IN THE AMOUNT OF $618,580.50; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner 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 Mayor Maurice A. Ferre NOES: None ABSENT: Vice-Mavor Manolo Reboso 96 26. ACCEPT BID: CMINISTRATIC V BUILDING MUNDATION. Mayor Fette: Take up item 2, the Manager recommends. Rev. Gibson: Move. Mayor Fetre: Gibson Moves, is there a second to item 2? Mr. Plummer: Second. Mayor Ferre: Plummer seconds, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-200 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR THE ADMINISTRATION BUILDING - FOUNDATION WORK (REVISED) WITH L. MILTON CONSTRUCTION CORP. IN THE AMOUNT OF $195,000 FOR THE BASE BID, WITH FUNDS THEREFOR TO BE EXPENDED FROM TITLE I FUNDS FROM THE U.S. DEPARTMENT OF COMMERCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION PURSUANT TO GRANT DATED SEPTEMBER 16, 1977 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Manolo Reboso 1 97 2/+ ACCEPT BID: SOUTH GROVE BICYCLE PATH MODIFICATION Mayor Ferre: look at that. Mr. Grassie: Mayor Ferre: Mr. Grassie: Mayor Ferre: On item 3, you got that map on that bicycle thing? 1 wanted to Can I see that? Yes, sir we do. We will put it up for you right now. ...real quick like. Can you see it from there, Mr. Mayor? Yes. I don't know where that (INAUDIBLE BACKGROUND CO"tMENT) Mr. Grassie: From the Playhouse. Mayor Ferre: path. is. That ties then up with the other bicycle path?- the county bicycle Mr. Grassie: This is the cross section. (INAUDIBLE BACKGROUND COMME:T) Mr. Knox: Yes, that's good. (INAUDIBLE BACKGROUND CO'MMYNT) Mr. Grassie: That's not part of the present contract, no. Mayor Ferre: .Then are we going to do that one? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: Oh, I know, four years from now, right? Mr. Plummer: this damn situation out here is dangerous. Mayor Ferre: I know, I have been knocked down once. Mr. Plummer: but, this is dangerous. Mayor Ferre: You know, in my family I have had two bicycle accidents on that path, literally, with automobiles- being knock down in my family. Mr. Plummer: I move that item 3, be thrown out. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: What do you mean? No, don't do that. So they can do the ones that need to be done first. Don't do that,J. L. Well, are you going to wait four years to do the other ones? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: I'll recognize you to make a resolution on the other ones,..(END OF STATEMENT INAUDIBLE) 4r. Grimm: Commissioner, you are giving away $25,000 of Dade County's fund if you do that, Mr. Plummer: done first. Mayor Ferre, Hey, you know, you are making the decision,Vince,of what's being My priority is out here where you got a damn hazardous situation, J. L., you got that... 98 .s w r► �'! A _l91Z__ J.L.; why don't we Rev: Gibson: take this and tell them to go on withthe other 1'11 move it. Mr. Plummer: 0k. Mrs. Gordon: Second. Mayor Ferre: Alright, Gibson moves, Gordon seconds, further discussion on item 3, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-201 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $33,135.00 FOR THE SOUTH GROVE BICYCLE PATH MODIFICATIONS FROM THE ACCOUNTS ENTITLED "HIGHWAY G.O. BOND FUNDS" IN THE AMOUNT OF $8,135.00 AND "DADE COUNTY REIMBURSEMENT GRANT" IN THE AMOUNT OF $250000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: ABSENT: Mayor Ferre: None. Vice -Mayor Manolo Reboso Now, Plummer make your motion on this. Mr. Plummer: I make a motion that the other portion that is the dangerous portion here from 27th Avenue to Mercy Hospital be redone. Mrs. Gordon: Second. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mrs. Gordon: Mayor Ferre: Mr. Grassie: information. County has it Mayor Ferre: Mr. Grassie: they can. Mr. Plummer: Mayor Ferre: was voted on And be given priority. ... to Rickenbacker Causeway. Which priority, please? Yes, I'll second that, that's a real bad place. What's your problem? No, there is not a problem, I'm trying to record something for your Mr. Grimm, tells me that this has already been applied for, Dade someplace in there mill and they are grinding on it. Good. ... and we are going to encourage them to get it Out as quickly as Good. Mr. Grassie, just to put in prospective very quickly. This item in 1972. Mr, Grassie; No, it wasn't, Mayor Ferre; ,,, yes, it was, it was part of the Decade for Progress Bond issue and there was bicycle paths ear marked in that bond issue and l want you to know that we have approve it both at the CD level and at this Commission level at least for the last three or four years, Dena is that right? 99 (INAUDIBLE BACKGROUND RESPONSE) Mr. Grassier No, it is not in the CD program as you said in the Decade of and you know) without being facetious=Mr. Mayor, the decade ends in 82 and problem is that these projects are getting done throughout that decade. Mayor Ferre: Alright. Rev. Gibson: Go ahead Plummer and make the motion. Mrs. Gordon' He did and I second. Mayor Ferre: Alright, call the roll on Mr. Plummer's motion. progress the The following motion was introduced by Commissioner Plummer, who moved its adoption: NOTION NO. 78-201A A MOTION DIRECTING THE CITY MANAGER TO EXPEDITE RECONSTRUCTION OF THE COCONUT GROVE BICYCLE PATH FROM 27TH AVENUE TO THE RICKENBACKER CAUSEWAY. Upon being seconded by Commissioner Gordon, 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 None. NOES: 28. ACCEPT BID: PHOTOGRAPHIC SUPPLIES - CITY-WIDE. Mayor Ferre: Plummer, moves item 4,... Rev. Gibson: Second. Mayor Ferre: ... Gibson seconds, further discussion? The Manager recommends, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-202 A RESOLUTION ACCEPTING THE BID OF PITMAN PHOTO, INC. FOR FURNISHING PHOTOGRAPHIC SUPPLIES, AS REQUIRED, FOR ONE YEAR PERIOD FROM DATE OF AWARD FOR THE CITY OF MIAMI AT A PROPOSED COST OF $15,000.00; ALLOCATING FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev,) Theodore R. Gibson Vice' -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None 100 29i ACCEPT BID: OFFICE EQUIPMENT FOR PARKS DEPARTMENT, Rev. Gibson: I move five. Mayor Ferre: Gibson troves five, Plummer seconds, further discussion? The Manager recoil:mends, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-203 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING OFFICE EQUIPMENT FOR THE DEPARTMENT OF PARKS: BID OF LONG'S AT A COST OF $377.32; BID OF AL RAVEN SALES AT A COST OF $3,797.60; BID OF REX ART SUPPLY AT A COST OF $3,131.77; BID OF CENTRAL STATIONERS AT A COST OF $750.80; AT A TOTAL COST OF $8,057.49; ALLOCATING FUNDS FROM THE 1978 PARKS DEPT. BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 30. ACCEPT BID: 500 REFUSE TOTE CONTAINERS, Rev. Gibson: I move six. Mrs. Gordon: Second. Mayor Ferre: Gibson moves, second by Mrs. Gordon, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO, 78-204 A RESOLUTION ACCEPTING THE BID OF CONTROLLED ENVIRONMENTS FOR FURNISHING FIVE HUNDRED REFUSE TOTE CONTAINERS FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL COST OF $9,000.00 ALLOCATING FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the rosolution 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, 101 3i ACCEPT BID: COMP -SET 500 PHOTOTYPESETTER Mayor Ferte: Take up seven. Reboso moves seven, Gibson seconds, the Manager recommends, further discussion, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-205 A RESOLUTION AUTHORIZING THE LEASE/PURCHASE OF A COMP/SET 500 PHOTOTYPESETTER FROM ADDRESSOGRAPH-MULTIGRAPH CORP. FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE FOR A PERIOD OF FORTY-TWO MONTHS AT A MONTHLY COST OF $500.89 FOR A TOTAL COST OF $21,037.38 WITH THE OPTION TO CANCEL THE LEASE AGREEMENT OR PURCHASE THE TYPESETTER AT THE END OF ANY FISCAL YEAR; WITH FUNDS ALLOCATED FROM THE FISCAL YEAR BUDGET; AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE AGREEMENT AND ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 32, ACCEPT BID: STRUCTURAL REPAIRS - ORANGE BOWL STADIUM, Mayor Ferre: Plummer troves 8. Rev. Gibson: Second. Mayor Ferre: ...Gibson seconds, any discussion on that Orange Bowl... Mr. Plummer: We ought to turn it down just because of the name. Mayor Ferre: Ah, come on. Mrs. Gordon: Just because of what? Mr. Plummer: Because of the name of the company. Mrs. Gordon: Oh. Mayor Ferre: What's the name of it? Mr. Grassie; Metro Construction Company. Mayor Ferre: Ah, come on. Ca11 the roll. 102 The following resolution was introduced by Commissioner Plummer its adoption: RESOLUTION NO. 78-206 who moved A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC. iN THE AMOUNT OF $205,340 FOR ORANGE BOWL STRUCTURAL REPAIRS - 1978; WITH FUNDS THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "ORANGE BOWL ENTERPRISE FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 33. ACCEPT BID: VIRGINIA KEY RUBBISH PIT CLOSING - PHASE I. Jr. and Mayor Ferre: Plummer movers 9. Rebuso seconds, Pollution Control Incinerator Facilities Bond Fund. The Manager recommends, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-207 A RESOLUTION ACCEPTING TI-IF BID OF FRISA CORPORATION CORPORATION IN THE AMOUNT OF $107,000 FOR VIRGINIA KEY RUBBISH PIT CLOSING -PHASE I; WITH FUNDS THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "POLLUTION CONTROL AND INCINERATOR FACILITIES BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the adopted by the following vote: AYES: NOES: None. resolution was passed and Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Nanolo Reboso Mayor Maurice A. Ferre 103 hi 231978 r A1 ACCEPT BID: CENTRAL MIAMI PARK. Mayor Ferre: Central Mini Park? Mrs. Gordon: Move. ReV. Gibson: Second. Mayor Ferre: ..Gibson seconds. Mr. Plummer: Is this ten? Who is Webb General Contractors? Mr. Grassie: There is a background sheet in your material. Mayor Ferre: Right there. Mr. Plummer: 0h, ok. I looked for it and couldn't find it. Ok, go ahead. Mayor Ferre: Ok, call the roll on item 10. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-208 A RESOLUTION ACCEPTING THE BID OF WEBB GENERAL CONTRACTING, INC. IN THE AMOUNT OF $155,388 FOR THE BASE BID LESS ITEMS 1 AND 2 FOR CENTRAL MIAMI PARKS; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREA- TIONAL FACILITIES BOND FUND" IN THE AMOUNT OF $155,388; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 35, SECOND READING ORDINANCE: AMEND SECTION 59 20 CITY Co E " TAX oN ADMISSIONS TO ORANGE BOWL STADIUM. Mayor Fette: Ok, take up item... no, it's time to break for lunch, Take up itettt 16 on second reading; it was previously moved by Gibson. Ate you going to Move it again? Rev. Gibson: Sure Mayor Ferre: Gibson moves, Plummer do Mr. Plummer: Yes, but I have to ask a or out Of the problem that we had with Mr. Knox: No, it isn't. This ...our tax is permissible Mr. Plummer: Rev. Gibson: Mayor Ferre: you want to second? question. George, does this take us in Mr. Grassie of calling a rental tax? doesn't relate to that because remember the judge Ok, just asking. Read it. Ca11 the roll. Alright, call the roll. 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 PER- SONNEL USED AT EVENTS BE SUBJECT TO PRIOR APPROVAL OF THE CITY MANAGER OR HIS AUTHORIZED DESIGNEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of March 9, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.R779 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. 10 361 SECOND READING ORDINANCE; AMEND CHAPTER 37 OF THE CITY CODE - OBSCENE LITERATURE, MUSIC, PRINTS OR PICTURES, Mayor Ferret Take up item 17. On item 17, Father Gibson moves and Reboso seconds. Under discussion for the record 1`1r. Knox, Mrs Grace Rockafellar was concerned about it and you told nee now that somebody in your staff had talked to Mrs. Rockafellar today? Mr. Knox: Yes, sir. Mayor Ferre: You did? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: .., and she is satisfied- that she recognized what this is. Alright, further discussion, read the ordinance. Rev. Gibson: Ca11 the roll. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE Al9ENDING 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. Passed on its first reading by title at the meeting of March 9, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Vice -Mayor Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8780 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. 106 37. EMERGENCY ORDINANCE: AMEND SECTION 1 OF O. 8731 (ANNUAL APPROPRIATIONS ORD,) - INCREASE GENERAL FUND APPROPRIATION FOR HUMAN RESOURCES TO FULFILL RE©UIRENENTS OF CONSENT DECREE. Mayor Fetre: Take up item 18, Emergency Ordinance Amending Article 1, Ordinance 8731( Annual Appropriation Ordinance)- for decrease of general funds, special programs and accounts, contingency by $23,638; increasing the General Fund Appropriation for Department of Human Resources in like amount, for the purpose of fulfilling requirements of the Consent Decree. Mr. Plummer: Do we have a choice? Mrs. Gordon Which number are you on...(END OF STATEMENT INAUDIBLE) Mayor Ferre: ... consent decree. Mr. Grassie: No, not really. Mayor Ferre: 18. Rev. Gibson: Move. (INAUDIBLE BACKA.ROUND RESPONSF) Mayor Ferre: Moved by Gibson. Mr. Grassie: No, we don't Commissioner. Mayor Ferre: .., is there a second? Second by Reboso, further discussion, read the ordinance. Call the roll, on 18. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8731 ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30. 1978, AS AMENDED; BY DECREASING THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN AN AMOUNT OF $23,638; INCREASING THE GENERAL FUND APPROPRIATION FOR THE DEPARTMENT OF HUMAN RESOURCES IN THE SAME AMOUNT; FOR THE PURPOSE OF FULFILLING CONSENT DECREE REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Vice -Mayor Reboso for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Vice -Mayor Reboso, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None, SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO, 8781 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. 107 MAR _ 2 31978 38. FIRST PIING GRI)INANCE; AMEND SECTIONS 1 At) 5/ORD. 8751 (ANNUAL APPROPRIATIONS ORDI) - MAKE SEVERAL ADJUSTMENTS FOR SIhrLIFICATICN OF AGING PROCEDURES. Mayor Ferre: flake up 190 the Manager recotttinends. (1NAUbIBLE BACKGROUND COMMENT) Mayor Ferre: What? Mt. Plummer: You hold a magic wand. Mayor Ferre: What do you mean taking it from one place to another? Mr. Plummer: No, this is going to cure everything,. I'll move it. Pit..Grassie: Commissioner, it is not Mayor Ferre: Plummer moves, Reboso seconds. You really got that Plummer today don't you? Mr. Plummer: This is Grassie's Rev. Gibson: Call the roll Mayor Ferre: Thank you, but no. Ca11 the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 8731, ADOPTED DECE2BER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS A'ENDED, BY DECREASING THE GENERAL FUND APPROPRIATIONS FOR THE PLANNING DEPART- MENT BY $512,551, DECREASING THE GENERAL FUND APPRO- PRIATION FOR THE OFFICE OF TRADE AND COMMERCE PROMOTION BY $225,000, AND DECREASING GENERAL FUND REVENUE BY $737,551; FOR THE PURPOSE OF SIMPLIFYING THE ACCOUNTING PROCEDURES, THEREBY MAKING SUCH PROCEDURES MORE EFFICIENT; CONTAINING A REPEALER PROVISION AND A SEVERA- BILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice -Mayor Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 103 Rev. Cihson• Move 20. Mayor Ferre: Alright, 20... no, 20 has already passed. Mr. 0ngie: We did 20. Mayor Ferre: We've done 20. 39, FIRSi READING ORDINANCE: AMEND RULE XIX, SECTION 3, CIVIL SERVICE RULES AND REGULAT I O'JS - PROVIDE SANITATION EMPLOYEES WITH ACCRUAL AND COMPENSA- TION FOR UNUSED SICK LEAVE. Mayor Ferre: 21. Rev. Gibson: Move it. Mayor Ferre: ...the Civil Service Board recommends. Gibson moves, Reboso seconds, on first reading of ordinance. Is there further discussion on this? Read the ordinance. Ca11 the roll. AN ORDINANCE ENTI:TLED- AN ORDINANCE AMENDING RULE X'IX, SECTION 3, OF THE CIVIL SERVICE RULES AI'.1) REGULATIONS OF THE CITY OF MIAMI, FLORIDA, EI'FECTIVE DECEMBER 15, 1961, AS AMENDED, AS CONTAINED IN ORDINANCE NO. 6945, AS AMENDED, BY PROVIDING THAT, WITH REGARD TO THE SAID RULES, EMPLOYEES IN THE SANITATION EMPLOYEES ASSOCIATION, INC. BARGAINING UNIT WILL ACCRUE SICK LEAVE, BE COMPENSATED FOR UNUSED SICK LEAVE, AND CONVERT SICK LEAVE 10 VACATION TINE IN ACCORDANCE WITH THE PROVISIONS OF THE CURRENT LABOR AGREEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Vice -Mayor Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Nanolo 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. 109 MAR 2 3 1978 40, FIRST READING ORDINANCE: AMEND SECT1ON 39 9 BY SUBSTITUTING NEW SECTION 39 9 OF CITY CODE RENAMING THESE ACTIVITIES 'CHILDREN'S CREATIVE EXPERIENCE PROGRAMS Mayor Ferret 'lake up 220 the City Manager recommends. Mr. Plummer: Move it. Mayor Ferre: Plummer Moves, is there a second? Rev. Gibson: Second. Mayor Ferre: ... second by Gibson, further discussion, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED WHICH ESTABLISHED FEES FOR PRE-SCHOOL ACTIVITIES IN THE CITY OF MIAMI, FLORIDA, BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 39-9 NAMING THESE ACTIVITIES CHILDREN'S CREATIVE EXPERIENCE PROGRAMS AND SETTING FORTH THE FEES TO BE CHARGED FOR SUCH PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Hanolo 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. ON ROLL CALL: Mrs. Gordon: I just have one thought that I mentioned to Mr. Grassie, yesterday and which I don't think he had a solution for at the moment, but I am thinking about the children who cannot afford the fee and there must be some in certain areas that really need this service and wouldn't be able to pay for it. I would... I'll go along with it on this first reading, by the second reading I would want you, Mr. Grassie, to please come to us with some way that we can accomodate children of really poor families whether the mother is on welfare,.whatever the matter may be, but these children deserve to have this kind of an experience even though the mother can't pay the fee. Mr. Grassie: Just so that we know what the fee is, the program is for eight months, the fee is fifteen dollars for eight months. It can be paid in three different installments, so you are talking about a fifteen dollar fee for eight months of service for the child. Mrs, Gordon: Well, I'm not saying that that's a lot of money it isn't, but to some people it is. I'm just saying that if there is a true hardship case that can be proved, there ought be scholarships or whatever you want to call it- call it something and I don't think you will have to use it very frequently, but if you ever have to use it at least you will have the tool, ok, Mr, Grassie: Gould we,so that we don't get a big bureauracy to test people's income and so one, could we use some kind of an established- let's say State Standard or some established system to.,, 110 Ctrs. Gordon: Yes, of course, there are certain levels of income which ate called poor, tear pout and then there are people who ate recipients of welfare at%d those people.:. Mt. Gtassie: Could we... yes- if we could design some kind of a system that depends on a current designation of welfare or something of that type. Mrs. Gordon: I'll leave it to you, I'm not telling you how to set it up, Ittn just saying that there are circumstances that I wish you would address yourself to, ok. Don't make a big deal out of it. Mayor Ferre: Ok, further discussion? Mrs. Gordon: No. Mayor Ferre: Ca11 the toll. 41. FIRST READING ORDINANCE: AMEN SECTION 39-24 OF THE CITY CODE RELATING TO CHANGES FOR PARKING ON CITY -OWNED PARKING LOTS AT THE ORANGE BOWL STADIUM, Mayor Ferre: Take up item 23, charges for parking of vehicles at city -owned parking lot at the Orange Bowl Memorial Stadium, the Manager recommends. Mr. Plummer: Move it. Mayor Ferre: Moved b,: Plummer, is there a second? Rev. Gibson: Second. Mayor Ferre: Second by Gibson, further discussion, call the roll. Ai ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-24 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO THE CHARGE FOR PARKING OF VEHICLES AT CITY -OWNED PARKING LOTS IN THE AREA OF THE MIAMI ORANGE BOWL. MEMORIAL STADIUM BY PROVIDING FOR SPECIFIED FEES AT CERTAIN EVENTS AND FOR GRADUATED FEES AT OTHER EVENTS DEPENDING UPON THE COST OF ADMISSION AND BY PROVIDING FOR A MINIMUM GUARANTEED AMOUNT TO BE PAID TO THE CITY WHERE NO ADMISSION CHARGE IS REQUIRED TO BE PAID FOR ENTRY INTO THE STADIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 111 42 ACCEPT COMPLETED WORK; ADMINISTRATION BUILDING BUILDING DEMOLITION, Mayor Fette: Gibson Moves 24, Reboso second, further discussion, call the roll. The Manager recotnmends. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-209 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY CUYAHOGA WRECKING CORP. AT A TOTAL COST OF $32,082.00 FOR THE ADMINISTRATION BUILDING - BUILDING DEMOLITION; AND AUTHORIZING A FINAL PAYMENT OF $4,652.88 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 43, ACCEPT COMPLETED WORK: WYNDWOOD PAVING PROJECT, Mayor Ferre: Reboso moves 25, Gibson seconds, further discussion, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-210 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HOLLAND PAVING CO., INC. AT A TOTAL COST OF $381,951.01; ASSESSING $1,400.00 AS LIQUIDATED DAMAGES FOR 14 DAYS OVERRUN OF CONTRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $38,731.69 FOR WYNDWOOD PAVING PROJECT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 112 44, ACCEPT COMPLETED WORK: CONVENTION CENTER BUILDINGS DEMOLITION - THIRD BIDDINGi Mayor Terre: Plummer troves 26, Gibson seconds, further discussion, the Manager recotinends, call the roll. The follwoing resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION No. 78-211 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY CLEVELAND WRECKING COMPANY AT A TOTAL COST OF $106,950 FOR THE CONVENTION CENTER - BUILDINGS DEMOLITION (THIRD BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $58,800 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre Mayor Ferre: Is that the Patricia Hotel? What is item 26, what is it we are wrecking today? UNIDENTIFIED SPEAKER: That was the Dallas Park Hotel. Mayor Ferre: Oh, the Dallas Park. Mr. Grassie: No, this is simply accepting the completed work. • Mayor Ferre: Thank you, ok. 1•{'3 AA Pi CA 45, AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING OBJECTIONS TO ACCEPTANCE OP COMPLETED WORK - "HAMMOCK SANITARY SEWER IMPROVEMENT"- SR-5411, C & S, Mayor Ferre: Item 27. Mrs. Gordon: Move. Mayor Ferret Did we vote on 26? Mr. Ongie: Yes, sir. Mrs. Gordon: Move. Mayor Ferre: Moved by Gordon, second by Gibson, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon. who moved its adoption: RESOLUTION NO. 78-212 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF HAMMOCK SANITARY SEWER IMPROVEMENT SR-5411 C (centerline sewer) AND SR-5411 S (sideline sewer) BID "A" (SANITARY SEWERS) IN HAMMOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5391 C (centerline sewer) AND SR-5411 S ( sideline sewer) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 46, ACCEPT DEED: FOR IMPROVEMENT OF N.W. 28TH STREET FROM N.W. 17TH TO 27TH AVENUE. Mayor Ferre: Take up 28, the Manager recommends. Mrs. Gordon: Move. Mayor Ferre: Move by Gordon, Second by Gibson, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-213 A RESOLUTION ACCEPTING A DEED CONTAINING CERTAIN STIPULATIONS FROM JEANETTE CLARK CONVEYING TO THE CITY OF MIAMI FOR THE IMPROVEMENT OF N.W. 28 STREET A 1.0-FEET STRIP OF RESERVED ZONED WIDTH RIGHT OF WAY ABUTTING N.W. 28TH STREET AT N.W. 23RD COURT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L, Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev,) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre NOES; None, NOES; None 47. ACCEPT PLAT: MILIAN TRACT. Mayor Ferre: Take up 29, Plummer troves, Gibson seconds, the plat Committee recommends, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who ttOVed its adoption: RESOLUTION NO. 78-214 A RESOLUTION ACCEPTING THE PLAT ENTITLED MILIAN TRACT. A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF SIDEWALK, CURB AND GUTTER AND PAVEMENT ON WEST FLAGLER STREET 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 48, ESTABLISH GREEN FEES FOR MIAMI WOMEN'S GOLF ASSOCIATION - "MELREESE GOLF COURSE." Mayor Ferre: Mrs. Gordon moves 33, Father Gibson seconds. the Manager recommends. Establishing Free Greens for the Miami Women's Golf Association. Mrs. Gordon: Ok. Mayor Ferre: Ca11 the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-215 A RESOLUTION ESTABLISHING FREE GREENS FEES FOR THE MIAMI WOMEN'S GOLF ASSOCI- ATION ON APRIL 25, 1978 AT THE CITY OF MIAMI COUNTRY CLUB AND MAY 9, 1978 AT THE MELREESE GOLF COURSE AND REQUIRING USE OF AN ELECTRIC CART BY EACH GOLFER IN SAID TOURNAMENT. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre 115 MAR 2 319w8 491 PROVIDE FOR ISSUANCE OF $151000)000 STORM SEWER IMPROVEMENT BONDS, Maw Ferret Flutuiner troves 34, Gordon seconds, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-216 A RESOLUTION PROVIDING FOR THE ISSUANCE OF $15,000.000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr, Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Manor Maurice A. Ferre NOES: None. 50. APPROVE ONE-YEAR EXTENSION OF EMPLOYMENT - JUAN PEREZ, Mayor Ferre: Take up 35. Mr. Plummer: Move. Mayor Ferre: It's been moved by Plummer, second by Gordon, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-217 A RESOLUTION RATIFYING AND APPROVING A ONE YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR JUAN PEREZ, CUSTODIAN FOREMAN, DEPARTMENT OF STADIUMS AND MARINAS, EFFECTIVE MARCH 8, 1978, THROUGH MARCH 7, 1979, WITH PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, MR. PEREZ, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commission Gordon, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr, Commissioner Rose Gordon Commissioner (Rev.) Theodore R, Gibson Vice -Mayor Manolo Reboso Mayor :Maurice A. Ferre NOES: None. 116 MAtk 23 itre PQES; Ams. Mayor terte: Bow old is this man now' Juan Perez? Custodian. Mt. draggle: 1 believe he is 74, Mr. Mayor. Mayor Ferre: 74, how maty times have we weighed this thing now? UN/MI/VIED SPEAKER: Oh, three, four tines. He is only going to stay two or three months. Mayor Ferre: Or five or six years. UNIDENTIFIED SPEAKER: No, two or three months. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Call the roll. UNIDENTIFIED SPEAKER: is in better shape than I am. Mayor Ferre: 74, yes, I can believe that. Mrs. Gordon: Ok, come on, 36. Mayor Ferre: Call the roll. Mr. Ongie: I did on 35. 51. EXTEND AGREEMENT ON A MONTH -TO -MONTH BASIS CITY AND MALL TRANSPORT, INC. - COMPLEMENTARY SHUTTLE TRAM SERVICE IN DOWNTOWN MIAMI TO NEW WORLD CENTER/BICENTENNIAL PARK, Mayor Ferre: Take up 36 resolution, the Manager recommends. This is that Shuttle that goes back and forth. Mrs. Gordon: Move. Mayor Ferre: Moved by Gordon, Gibson seconds, further discussion, City Manager recommends, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-218 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EXTENSION, ON A MONTH TO MONTH BASIS, OF A PREVIOUSLY AUTHORIZED AGREEMENT, BETWEEN THE CITY AND MALL TRANSPORTATION, INC., DATED SEPTEMBER 6, 1977, FOR FURNISHING COMPLI- MENTARY SHUTTLE TRAM SERVICE IN DOWNTOWN MIAMI TO NEW WORLD CENTER/BICENTENNIAL PARK, UNDER THE SAME TERMS AND CONDITIONS AS SET FORTH IN SAID ORIGINAL AGREEMENT WITH FUNDS THEREFOR IN THE AMOUNT OF $2,700 PER MONTH ALLOCATED FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND, IN AN AMOUNT NOT TO EXCEED $5,400. (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 3, L. Plummer, Jr. Commissioner Rose Gordon commissioner (Rev.) Theodore R. Gibson Vice -Mayor nQ10 Rebosp Mayor Maurice A, Terre 117 ON POLL CALL: (INAVD0IBLL BACKGROUND RESPONSE) Mt, Grassie: It's a continuation of an existing contract of an existing suppliers COtissionet. Mr. Mutter: Did it originally go out on bid? Mr. Crassie: Yes, it did. Mr. Plummer: , ... Alright, I vote yes. 52, AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT PROFESSIONAL ARCHITECTURAL SERVICES - REMOVAL OF ARCHITECTURAL BARRIERS FROM TWO CITY POOLS (CuRTIs PARK PooL AND NbRNINGSIDE PooL) , Mrs. Gordon: I want to move 37, Mr. Mayor. Mayor Ferre: Gordon moves 37, Gibson seconds, further discussion, call the roll. Mayor Ferre: Wait a minute, excuse me I'm sorry, would you forgive me while I read this, Rose? Mrs. Gordon: Sure. Mayor Ferre: ...because Richard Rosichan, waited all day- the poor fellow, I didn't know what he was waiting for I thought he just enjoyed listening to the City Commission, but evidently he had something to tell us, so he asked me to read it and I think that we should do it. "My name is Richard M. H. Rosichan, I live at 141 N. E. 45th St., I would like to address myself to removals at Morningside Park Pool. I think this is a fine place for the project, but at the present time there are problems in this pool which you have not corrected will be the pool far less useful for the handicapped, in spite of the proposal now before you. To start with it is the matter of keeping people informed of the days and hours the school is open. For three years I have been petitioning the Parks and Recreation Department to place a sign at the pool stating these hours, I have been given one excuse after another. In September 76, is was because the sign shop employee was ill. Now, in March it is because such a sign would be too confusing to the pool users. Initially, the existing sign dealing with the admission fee became almost illegible. It is a chore for most handicapped persons to journey somewhere and Morningside Pool included and it would only add to there difficulty if they are not informed by the sign and otherwise, the hours and days they can use the pool. Several problems concern the publicity given to school hours -class and activities outside of the pool itself, In fact if there is such publicity, it's been either very little or non-existent. Summer swimming classes have not even been annouced on the sign at the pool itself. In Morningside it is to be one or two city pools specifically equipped for the handicapped, then it is more important than ever that it's hours and activities 118 be publicized city-wide both in the park and outside the media and most are concerned about the fact that lifeguard covt'rage and lifeguard tower provided only part of the tithe that the pool is open. This should be a special concern when the pool is to be used by handicapped persons for the reason that hardly needed stating. Such a person would go under the water quickly and without warning and the like of speedy response will result in a quick tragedy. Finally, in looking over the ptoposal0 urge the Commission to give particular attention to such matters as a low line water fountain, the promised low line pay phone, providing adequate space for entrance to the ramp, swimming classes for the handicapped all day through, in a wheelchair accident for the grass area around the pools, along discuss heating of the pool and the possible needs for additional manpower to appease important programs and facilities will be used to the maximum benefit and 1 guess that's about it. Richard H. Rosichan.* Mrs. Gordon: I think his ideas are good ones to incooperate and let's turn it over to the Manager and ask him to see that they...(END OF STATEMENT INAtTDIEtE) Mayor Ferret Plummer, I want to point something out to you and I don't want anybody to get upset about this, but I'tn going to vote against this and I just want to explain to you this is going to cost us $90,000 to remove two barriers and this city is so with so many important things, that I just cannotlin all good conscience vote, you know, and it's strictly a matter of just dollars and cents. If this thing were 15 or 20 or $30,000 I could swallow it, but $90,000 for two barriers... Mrs. Gordon: Where will these funds come from? Mayor Ferre: The Third Year Community Development Grant Fund, but they could be used for a lot of other things. Mrs. Gordon: Yes, but... Mayor Ferre: $90,000 to remove two barriers ? Mrs. Gordon: ... you'd have a hard time explaining why one area gets denied. Mr. Howard: Well, it's not to remove two barriers, it's to put two lifts and two pools to get the handicapped people into the pool and then make the bathrooms accessible to them... Mayor Ferre: Do you think this is a good thing? Mrs. Gordon: It's very good Maurice. Mr. Howard: We have a very big handicapped program. Mayor Ferre: I'm not asking you, Rose. Mrs. Gordon: I know. Mayor Ferre: What? Mr. Howard: ... and we have a difficulty of getting them into the pool. This is a lift that will go into the pool and lower them into the pool, then they swim on a one to one basis. Mayor Ferre: $90,000.00? Mr. Howard: Well, for two of those and then we have to put the facilities, the barriers, we don't want the barriers...(ENI) OF STATEMENT INAUDIBLE) Mayor Ferre: Ah, why not, it's not our money anyway it's ,.. Mrs. Gordon: Well, Maurice, you should never be a handicapped person, all of your life you should be able to walk and get In the pool by yourself. Mayor Ferre: Please, I'm not against the handicapped, you know that, Mrs, Gordon: ... but, let me tell you something I haven't,.I have to tell you this because you brought the subject up. $90,000 is very little money to provide the facility of swimming to handicapped people, which is one of the most important 119 therapies thete ate for handicapped,.. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mrs, Gordon: Alright, but you get me on my subject, what can I do. Rev, Gibson: Alright, ok, call the roll. Mayor Perre: What do you mean your subject, you tot about ten subjects, twenty subjects, Rev. Gibson: Ca11 the roll. Mayor Terre: Ca11 the roll. The following resolution was introduced by Commissioner Gordon, who moved it's adoption: RESOLUTION NO. 78-219 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH CARLENE JABS, ARCHITECT, TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE REMOVAL OF ARCHITECTURAL BARRIERS FROM 2 CITY POOLS - SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED, TARGET AREA -WIDE REMOVAL OF ARCHITECTURAL BARRIERS, SAID POOLS BEING CURTIS PARK SWIMMING POOL LOCATED AT 2300 NORTH RIVER DRIVE AND MORNINGSIDE SWIMMING POOL LOCATED AT 850 N.E. 55TH TERRACE; USING FUNDS THEREFOR FROM 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson. the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 120 .^��._�- -,ram � •. 53. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH MORTY FREEDMAN m CONSULTING SERVICES - CITY Or MIAMI INTERNATIONAL FOLK FESTIVAL, Mayor Perre: Take up 38, Mrs► Gordon: 1 move. Etev+ Gibson: Second. Mayor Ferre: Moved by Gordon, second by Gibson, further discussion, call the roll, Mrs. Gordon: You can make it the other way, he is the father and I'm the mother. Mayor Ferre: Well, that's fine father, mother. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-220 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH MORTY FREEDMAN FOR CONSULTING SERVICES TO THE CITY OF MIAMI FOR THE 1978 CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL; ESTABLISHING A FEE OF $7,000 FOR SAID SERVICES AND ALLOCATING THE SAID AMOUNT FROM THE SPECIAL MILLAGE FUND OF THE 1978 TOURISM PROMOTION DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 121 MAR 2 31918 54, AUTHORIZE $20,00O FROM SPECIAL PROGRAMS AND ACCOUNTS PROFESSIONAL SERVICES TOUCHE-,ROSS & CO, "Two -TIER FORM OF G0v RNMENT," Mayor Ferre: Take up item 40, Authorizing $20,000 for Special Programs and Account for Touche=Ross and so on. Reboso moves. ReV. Gibson: Second, Mayor Ferre: ... Gibson seconds, further iscussion, call the roll. The following resolution vas introduced by Vice --Mayor Reboso. who moved its adoption: RESOLD ;'ION NO. 7 E-221 A RESOLUTION ALLOCATING THE SUM OF $20,000 FROM SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND FOR THE PROFESSTONAL SERVICES OF TOUCHE, ROSS, AND COMPANY TO ANALYZE THE MIAMI-DADE COUNTY TWO-TIER FORM OF GOVERNMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 122 AIM 55 i CLAIM SETTLEMENT: CNN PAR€W Mayor Ferret Take up 42, Authorizing the Director of Finance to pay Jennie Parrish $7,200, Gibson Moves, Plummer seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-222 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JENNIE R. PARRISH, WITHOUT THE ADMISSION OF LIABILITY. THE SUM OF $7,200.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIM AND DEMANDS. (Here follows body of in the Office of the Upon being seconded by Commissioner adopted by the following vote: AYES: NOES: None resolution, omitted here and on file City Clerk). Plummer, the resolution was passed and Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 123 56. CLAIM SETTLEMENT: SHIRLEY JACKSON, Mayor Ferre: Take up item 1.3, Auihori;:;n: the Director :'f Finance to pay Shirley Jackson. Gibson, moves, reboso seci)ntiF., further discussion, call the roll. The following resolution was inttrduced by Commissioner Gibson, who moved its adoption! i:Eti01.ii IoN N(. 76-221 A RESSOC T IMN AUTI'ORI % i C 111E DIRECTOR OF FINANCE TO PAY SHIRLEY JACKSON AND FIREMANS FUND INSURANCE COMPANY WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $4,390.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OF USE, AND AUTOMOBILE COLLISION DEDUCTI rLE U? NI AND DE:•ANDS AGAINST THE THE CITY OEM MIAMI.. UPON 1'HE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO FIREMAN'S FUND INS. CO. WITHOUT THE ADMISSION OF LIABILITY, 1'HE SUM S500.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN /ND COLLISION SUBROGATION CLAIMS AND DEMANDS AND THEIR PERSONAL INJURY PROTECTION LIEN CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of rho City Cl erk) . Upon being seconded by Vice --Manor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 57, APPoINtMENTs To CITY Or MIAMI I3EAUTIEtCATION COMMITTEE, Mrs. Gordon: Mr. Mayor, there are three people who want to be on the Beautification Coi niittee, Ihez Wilcox, wait a minute-... Mayor Ferre: That's good. Mrs. Gordon: ... Inez... Sandra,.. oh, wait a minute, Sandra Shevin, and Pauline Badal, all of them have their resume here, you are welcome to it. Mayor Terre: Moved by Rose Gordon, second by Gibson, further discussion, call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-224 A MOTION APPOINTING THE FOLLOWING PERSONS TO THE CITY OF MIAMI BEAUTIFICATION COMMITTEE: 1. INEZ WILCOX; 2) SANDRA SHEVIN; AND PAULINE J. BADAL. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 53, DISCUSSION OF POSSIBLE CREATION OF CITY OF MIAMI WATERFRONT DEVELOPMENT AUTHORITY, Mayor Ferre: Mr. Dickson, has been patiently waiting all afternoon and it is my office's fault, since he called to be put on the agenda and it was written down in a memo and it never got sent out. So it's not Mr. Dickson's fault, but our, my fault, Fausto's fault. Ok, go ahead Mr. Dickson. I apologize for Mr. Dickson, publicly it was just a slipup in my office. Ok. Mr. Dickson: You have in front of you a document which is a proposal that I'm making as a private citizen that the City Commission consider the creation of a Miami Waterfront Development Authority. Mr. Grimm, if you could turndown the lights I'd like to show some slides to illustrate... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Dickson: ... the purpose of these slides is to get your attention and to focus on some key things that are occurring in the City of Miami relative to the waterfront, One of those is that a week from today you will be receiving proposals from private industries for the leasing of Dinner Key and Miamarina This act myself and several other citizens to consider that there are alternatives to both the development of the waterfront other than private industry, The City of Miami could become one of the finest boating areas in the City, in the United States. It has the climate, it has the waterfront and if it had the ambition it could reach that goal. If you will look at this chart which was prepared by the Marine Council for the county, it shows an indication of the shortage of 2,500 slips, 6,500 slips and then in the year 2000, over 10,000 slips that will be needed to meet the needs of the boating industry in South Florida. There is a severe shortage of dry and wet storage within the South Florida area, The City of Miami' and this is the key ingredient, has vacant land today that is suitable for the development of both wet and dry storage marinas and most importantly there has been a lack of a coordinated effort to develop these marinas in the City of Miami. Therefore; there are three possible solutions to this problem. One possible solution is that they continue with the present Department of Stadiums and Marinas, another is that they lease the existing marina facilities to a private operator developer and the third proposal which is the one that I'm making is that they create a Miami Waterfront Developtent Authority. And this authority will be responsible for the management and developttnent of both wet and dry marinas in the City of Miami. Let me give you an example of some areas of potential development; this is a photograph taken of the Bicentennial Park, it's approximately 400 feet long and you will notice that there is not one dock along that waterfront, I ask you why not because... Mayor Ferre: Because it's 35 feet deep. (BACKGROUND CONVENT OFF THE PUBLIC RECORD) Mr. Dickson: ... you own within 15 feet of the bulkhead I understand-- 5 feet? well, I understand you are processing to acquire that, ok. Here is another view of that same bulkheaded area, if you will notice in this photograph that there is a yacht off to one side in a dark area to the east of Bicentennial Park. This is a view of Venetian Causeway, we drive by it everyday, but we don't think of it as property that could be a marina and yet there is adequate road frontage, the city owns the land and it could be developed at no cost to the city to produce revenues to the city. Margaret Pace Park, we all know where it is, it's North of the Omni, it's on the waterfront, a delightful park totally underused, would you believe that there is a adequate area today for a marina to be built on the north end of Margaret Pace Park.? It's already dredged, it's got bulkheading,- I say„why is it not being developed? what's the reason behind it? There is another photograph of the same area. I,as a private citizen and some others who had to leave earlier, request that the City of Miami setup a Miami Waterfront Development Board. This board would study the feasibility of enactment and creation of a Miami Waterfront Development Authority similar to the Off-street Parking Authority, The Off -Street Parking Authority- I realize it's a little bit controversial- has been relatively successful in creating facilities that ultimately will become the property and revenue source of the City of Miami. 2) direct the City Manager to draft an ordinance to create this authority i ' in fact it becomes feasible; and 3) schedule public hearings for mid June of 78, so that the City Commission can consider the merits of this creation in October of 78 of the Miami Waterfront Development Authority. That in essence is my presentation, I have written out the comments and the justifications for it. I think that it is something that it's time has come, it's something that the city should consider and it is an alternative to the development of the waterfront that I'm ashamed to tell people that we have not done anything with it. We talk about a revenue base for the city, we've got it staring at us in the face. A study that was done in the City of Fort Lauderdale indicated that a transient winter visitor in a boat contributed over $10,000 to the City of Fort Lauderdale,as a visitor. Mrs. Gordon: Tom, don't they have something like that out in Frisco? Mr. Dickson: Yes, I believe in San Francisco and also in Los Angeles they have Marina del Rey. Mayor Ferre: Look,I happen to think that you got a very valid idea here. Now, obviously,we are not going to create this thing tonight. Mr. Dickson: I know that. Mayor Ferre: Alright, so I would like to do this, if somebody would move it... Mrs. Gordon: I'll move it. Mayor Ferre: ... that this be turned over to -- seriously now -- the Manager, that you study what's been done on other waterfront areas around the country, like San Francisco and Long Beach and what have you, and that you come back with a specific recommendation and that you consult with Mr. Dickson and his associates and that you bring us back in all your very hard quest fore- you don't have very touch to do these days, but as soon as reasonable you would come back to us. Mr, Dickson; Ok, now remember you are receiving proposals for the leasing of Dinner Key and Miamarina, a week from today approximately, Mayor Ferre Yes, but that's going to take a long tithe... Mr. Dickson: Well, ok I realize that, but I watt to present this alternative to you before you make choices because as they said it the Herald today and 1 think it was a very itnportant point, there has been no plans for the overall development of the marine interest in the City of Miami and it's a tragedy. Mayor Ferret Are they hitting us on that one too? I didn't see that today. Mr. Dickson: Yes, it was an article editorial, in the Herald today and I thought it was... Mayor Ferre: I thought they were hitting us on the Metro... Mr, Dickson: I'm sure they are hitting you on something. Mayor Ferre: ... jail which of course we are responsible for. (INAUDIBLE BACKGROUND COMMENT) Mayor Ferre: And you are going like this. Mr. Dickson: Yes, that was the neighbors' section. Yes, they had interviewed me on this and I really had not said anything to the press about it because I wanted to present it to you first, they asked me about... (BACKGROUND COMMENT INAUDIBLE) Mrs. Gordon: Mr. Grassie, you are going to followup on this for sure? Mr. Grassie: Yes, if you remember Commissioner, we recommended to the City Commission five months ago that we employ a firm to do this kind of study for the city. At that time we were advised that the county had in process a study by the firm of Connell, Metcalf and Eddy which was supposed to be done in November of last year, based on that you and we both concluded that we would put off our study. Mayor Ferre: Oh, no, no,you concluded,I didn't conclude. My conclusion was very different. Mr Grassie: I talked you into putting off our study. Mayor Ferre: You didn't talk me into it. Mr. Grassie: Well, alright you acceeded, very well. Mayor Ferre: I just kept my mouth shut. I felt then and I feel now and I told you,it wasn't in Novemberlit was in July of last year when you and I talked -- right before we took our August break --- that will you proceed on this and you said, oh, no,and it was pending since May. !'!r. Grassie: If you remember Mayor, that we went through the process of selecting a firm, we brought the recommendation to you and when that discussion became public the county informed us of their study. Now, the other thing that you need to know is that we finally have received the Connell, Metcalf study. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Grassie: ... in the last week, you know they have just completed the study. Mayor Ferre: When? Mr. Grassie: In the last week. Mr. Fosmoen: In the last week. Mayor Ferre; Are we going to get a copy of it? Mr, Fosmoen: I have a copy, Mr. Grassie: We just got a copy. 127 Mayor Ferre: Alright) well would you make some available to the Cotttission? 59, CHANGE DATES or SCHEDULED CITY COMMISSION MEETINGS POP THE MONTH OF APRIL, Mayor Ferre: We have to stove our April meeting and as I recall we had the Clerk's Office or somebody verify that the 7th would be acceptable. Mr. Grassie: Yes, our office verified that the 7th would be acceptable, Mr. Mayor, yes. Mayor Ferre: Friday the 7th? Does anybody have any objection on that now? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: No, but I can't make it on the 6th because I'm going to be in Syracuse. You don't what? Mr. Plummer: I don't know. Mayor Ferre: Your office was called and it is... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Alright, does anybody have any objections to that? Lt. Don March: Yes, sir. Mayor Ferre: What's your problem with it? Lt. Don March: No, there is an arbitration that day I'm very involved with I'm not seriously objecting I was being facetious. Mrs. Gordon: Question? Could we go back to the way we did for a while having the Planning and Zoning on the same day as the Commission Meeting? Mayor Ferre: Yes, let's do that please and... Mr. Grassie: Sure. Mayor Ferre: Alright, let's... I mean I'd rather cram in and work one hard day. Mrs. Gordon: I would too. Mr. Grassie: Ok, we are going to do it so that you don't get... Mayor Ferre: Alright, Rose Gordon moves and J. L. Plummer seconds that the meetings for April will be on Friday April 7th and Thursday April 27th, is that correct? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: We are moving the 13th to the 7th and cancelling the 20th. Mrs. Gordon: Yes. Mayor Ferre: Well, let's try it.., (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre; Bob, let me tell you, you have been doing a Yeoman's job and I want to tell you that it doesn't really matter what you do or what you schedule, we always end up ten or twelve hours here. Now, you could put thirty items on, a hundred items, a hundred and fifty item, it doesn't make any difference, you know,., Mrs. Gordon; You can't shorten our loads, we are going to stay anyway. Mayor Ferre; ,,,it's always the More you put on, looks like the more we can get done. You know, sometimes these things stretch -out and we just go on anyway, 128 (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayot Ferret I didn't heat a word you said. Rev, Gibson: I want.., Mayor Ferret Wait, wait Plummer, don't go. Rev. Gibson: Plotter, let me ask this, if... I hope when we look.,. Mr, Plummer: Roll call... Mayor Ferre: I sorry. Mr. Ongie: Roll call on that last motion. Mayor Ferre: Yes. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION N0, 78-225 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF APRIL 13. 1978 TO TAKE PLACE ON APRIL 7, 1978, AND CANCELING THE CITY COMMISSION MEETING OF APRIL 20, 1978. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 60. BRIEF DISCUSSION: CITY -OWNED MARINA FACILITIES, Mayor Ferre: Father Gibson. Rev. Gibson: I hope as we look at this dock business, we aren't caught unaware you know, that if you go out to private enterprise that you have people who are working and you ought to start planning right now, so as to come up with some alternative suggestion for those people. Mayor Ferre; 0n..what's this Father? Rev. Gibson: You know, for instance if you finally turn- let's say you develop the dock down in Dinner Key... Mayor Ferre: Well, we are not going to talk about that tonight. Rev. Gibson: Well, I know, but what I'm trying to say is I hope that the administration doesn't wait until we come in here and we let contractsror we don't let them1 or all that jazz and then we have to face those people. I think that you ought to start now looking in a direction and let's come up with some alternatives, Mr. Grassier Well, Commissioner, Just to get things in perspective again... Rev, Gibson; No, well here is the thing, I'm not saying what all will happen, I'm saying that 1 think that simultaneously that you start looking in the direction 129 that 1 thitink we have ihsttucted this administration to do, that we also look on the inside because you have those people that work for you. Maybe 1 don't make any sense, maybe I teed to say that to you privately. (BACKGROUND COMMENTS INAUDIBLE) 61. PERSONAL APPEARANCE: LT. DON MARCH, REGARDING APPROPRIATION TO HUMAN RESOURCES DEPT. 10 FULFILL REQUIREMENTS OF CONSENT DECREE. Mr. March: Mr. Mayor, a point of information on item number 18, I just acquired the support document and I bounced this off of a couple other people; on the second paragraph this concerns the appropriation you made to Human Resources for testing. There is a reference to - outside of number 18- a three year requirement for the preparation, monitoring, and scoring of entrance and promotional examinations and I just seem to recall that it was a five year requirement and I have asked two people if that wasn't also their recollection and it was and I don't know whether or not... you know, I could be wrong, but I think it merits checking out. Mayor Ferre: Alright, well what do you want us to do with this point, tor. March? Mr. March: Just check it out, I think you voted on it, I wasn't present and I don't know what action that you took, but I just think that this document may be in error, this support document may an error. It seems that the Cohen Decree was a five year requirement for an independent testing agency. Mayor Ferre: Alright, now are you going to look into it? Mr. Grassie: Well, no, first we have to find out whether it is an error. You know, the Cohen Decree is so fair back that,... some time has passed. but let us find out. Mayor Ferre: Alright, anything else? Is there anything else to come up before this Commission at this time? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 7:05 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI . Assistant City Clerk MAURICE A. FERRE Mayor 130 Immm o• b*dt IS 98 ITEM NO. 1 10 11 12 13 14 15 16 DOCUMENT INDE DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED STIRRUP GROVE SUBDIVISION NO. 1, A. SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED STIRRUP GROVE SUBDIVISION NO. 2, A SUBDIVISION IN THE CITY OF MIAMI AMENDING RESOLUTION NO. 78-161 BY CHANGING THE NAME OF BEGONIA VILLAS SE(i'iON TWO TO BEGONIA BILKS SECTION ONE AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE COCONUT GROVE GRAPHIC ARTS PROGRAM ACCEFi1NG THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $618,580.50 FOR MANOR SANITARY SEWER IMPROVEMENT SR-5437-C CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANA- GER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR THE ADMINISTRATON BUILDING -FOUNDATION WORK WITH L. MILTON CONSTRUCTION CORP. ACCEPTING THE BID D.M.P. CORPORATION IN THE AMOUNT OF $33,135.00 ACCEPTING THE BID OF PITMAN PHOTO, INC. ACCEFIING THE FOLLOWING BIDS FOR FURNISHING OFFICE EQUIPMENT FOR THE DEPARTMENT OF PARKS. ACCEPTING THE BID OF CONTROLLED ENVIRONMENTS FOR FUR- NISHING FIVE HUNDRED REFUSE TOTE CONTAINERS FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL COST OF $9,000.00 AUTHORIZING THE LEAP./PURCHASE OF A COMP/SET 500 PHOTCTYPESE TER FROM ADDRESOGRAPH MULTIGRAPH CORP. FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE ACCEPTING THE BID OF MET CONSTRUCTION, INC. IN THE AMOUNT OF $205,340 ACCEt'1'1NG THE BID OF FRISA CORPORATION IN THE AMOUNT OF $107,000 ACCEPTING THE BID OF WEBB GENERAL CONTRACTING, INC. IN THE AMOUNT OF $155,388 MEETING DATE: March 23, 1978 COMMISSION RETRIEVAL ACTION_---__ ,CODE .NO.._ 0062 R-78-190 78-190 R-78-191 78-191 R-78-192 78-192 R-78-193 R-78-194 R-78-199 78-193 78-194 78-199 R-78-200 78-200 R-78-201 78-201 R-78-202 78-202 R-78-203 78-203 R-78-204 78-204 R-78-205 78-205 R-78-206 78-206 R-78-207 78-207 R-78-208 78-208 1 _... _.. _-r4�99h DOCUMENTI N DEX CONTINUED 1FD4 NO. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DOCUMENT IDENTIFICA IoN ACCEPTING THE COMPLETED WORK PERFORMED BY CUYAHOGA WRECKING CORP. AT A TONAL COST OF $32,082.00 ACCEPTING THE COMPLETED WORK PERFORMED BY HOLLAND PAVING co., INC. AT A TOTAL COST OF #81,951.01 ACCE:I'IING THE COMPLETED WORK PERFORMED BY CLEVELAND WRECKING COMPANY AT A 'DOTAL COST OF $106,950 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF HAMMOCK SANITARY SEWER IMPROVEMENT ST.-5411 C ACCEPTING THE DEED CONTAINING CERTAIN STIPULATIONS FROM JEANETTE CLARK CONVEYING TO THE CITY OF MIAMI FOR THE IMPROVEMENT OF N.W. 28 STREET A 10 FOOT STRIP OF RESERVED ZONED WIDTH RIGHT OF WAY ACCEPTING THE PLAT ENTITLED MILLIAN TRACT, A SUBDI- VISION IN THE CITY OF MIAMI ESTABLISHING FREE GREENS H ES FOR THE M AMI WOMEN'S GOLF ASSOCIATION OF APRIL 25, 1978 AT THE CITY OF MIAMI COUNTRY CLUB GOLF COURSE. PROVIDING FOR THE ISSUANCE OF $15,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF NIAMI RATIFYING A ONE YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR JUAN PEREZ. RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EXTENSION ON A MONTH TO MONTH BASIS, OF A PREVIOUSLY AUTHORIZED AGREI2ENT, BETWEEN THE CITY AND MALL TRANSPORTATION, INC. AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH CARLENE JABS, ARCHITECT, TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE RU1DVAL OF ARCHITECTURAL BARRIERS FROM 2 CITY POOLS. AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH MORTY FREEDMAN ALLOCATING THE SUM OF $20,000 FROM SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND FOR THE PROFESSIONAL SERVICES OF TOURCHE, ROSS, AND COMPANY AUTHORIZING THE DIRECTOR OF FINACE TO PAY TO JENNIE R. PARRISH, WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OF $7,200.00 IN FULL AND COMPLETE SETTLMENT OF ALL BODILY INJURY CLAIMS, AUTHORIZING THE DIRECTOR OF FINANCE PAY SHIRLEY JACKSON AND FI'a_' S FUND INSURANCE COMPANY WITNOUT THE ADMISSION OF LIABILITY, THE SUM OF $4,390.00 IN FULL AND COMPLETE SETTLRMI',NT OF ALL BODILY INJURY RESCHEDULING THE REGULAR CITY commISSION METING OF APRIL 13, 1978, ID TAKE PLACE ON APRIL 7, 1978 Gs" N ACTION .._ R-78-209 R-78-210 R-78-211 R-78-212 R-78-213 R-78-214 R-78-215 R-78-216 R-78-217 R-78-218 R-78-219 R-78-220 R-78-221 R-78-222 R-78-223 R-78-225 78-209 78-210 78-211 78-212 78-213 78-214 78-215 78-216 78-217 78-218 78-219 78-220 78-221 78-222 78-223 78-225