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HomeMy WebLinkAboutCC 1978-05-31 Minutes,.=1111111111111 AIM ITY OF MIAIVII TES OF MEETING HELD ON May 31, 1978 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK NI! SWPMAR8RILIA S1 JECT DINANCE OR SOLUTION No, PACE NO, FILM PRESENTATION BY DEPT. OF TOURIST PROMOTION: "MIAMI SEAPORT TO ADVENTURE". DISCUSSION 2. STATUS OF TENANTS AT CITY OWNED MARINAS - PROPOSALS FOR CONCESSION. 3. PRESENTATION BY KAISER TRANSIT GROUP & TRANSPORTATION COORDINATOR'S OFFICE - REVIEW THREE PROPOSED TRANSIT STATION LOCATIONS. 4. RECEIVE SEALED BIDS - CONSTRUCTION OF FLAGLER STREET HIGHWAY IMPROVEMENT H-4372-A & FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION H-4391-A (2nd bidding). 5. 6. 7. 8. 9. 10. 17. 18. 19. 20, 21, 22. CONTINUATION OF PRESENTATION BY KAISER TRANSIT GROUP. RESIDENCY REQUIREMENTS FOR CERTAIN CITY BOARDS AND COMMITTEES. REPORT ON HOUSING BOND PROGRAM FINANCING; DECLARING POLICY OF CITY COMMISSION REGARDING HOUSING AND BOND FUNDS. STATUS REPORT ON "AFRICAN SQUARE PARK." PERSONAL APPEARANCE OF ATHALIE RANGE REQUESTING USE OF PORTION OF EDISON CENTER PARK, JULY 4, 1978. REQUEST STUDY OF SIGNS AND GRAPHICS FOR CITY -OWNED PROPERTY; ENCOURAGE BUSINESSES TO UPGRADE THEIR GRAPHICS DISCUSSION ITEM - CONSTRUCTION OF P.O.D.S. INTERFERRING WITH BIKE PATH IN WAINWRIGHT PARK. STATUS REPORT: PROPOSED CONTRACT FOR SALE OF BEER IN THE ORANGE BOWL. AMEND SECTIONS 2 & 5, 8731 TO COVER INCREASED COSTS OF TELEPHONE SERVICE. AMEND RULE XII, SECTION 4, CIVIL SERVICE RULES AND REGULATIONS -FIRE LIEUTENANT PROMOTIONAL EXAMINATIONS. AMEND SECTION 1, 8719 "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14". FIRST AND SECOND READING ORDINANCE: AMEND SECTION 1 OF 8719 "FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM". DEFERRAL OF CONSIDERATION OF AGREEMENT TO ACCEPT 18 GOLF TEE CONSOLES. QUIT CLAIM DEED - N.W. llth STREET ROAD, HIGHLAND ROAD AND N.W. 14th TERRACE. PLAT ACCEPTANCE - BETTY'S ISLAND - DEFERRED, WAIVER OF RENTAL FEES FOR BAYFRONT PARK AUDITORIUM, MIAMI ELKS LODGE #948 ANNUAL CHRISTMA:S CHARITY BALL. CLAIM SETTLEMENT - JESUS & MARIA ELENA CASTILLO, APPROVE FINANCIAL PLANS FOR 400 SECTION 8 HOUSING UNITS, DISCUSSION* DISCUSSION DISCUSSION DISCUSSION M- 78-367 M- 78-368 DISCUSSION DISCUSSION M- 78-369 DISCUSSION DISCUSSION Ord. 8805 Ord. 8806 1st. reading Ord. 8807 Deferred R- 78-370 M- 78-371 R- 78-372 R- 78-373 R- 78-374 IiloY - 2 - 4 • 10 10 12 - 16 17-22 22 - 24 24-25 25 - 26 27 27 - 28 28 - 29 29 - 30 30 - 31 31 - 32 32 - 34 35 35 36 37 38 38 - 39 39 1 1978 C11Y IND st i4 fIM t o ITEM N0, SUBJECT DINANCE Ofl SOLUTION NO, PAGE NO, 23. 24. 25. 26. 27. 28. 30. 31. 32. 33. 34. 5. dik 36. 37. 38. 39. 40. 41. 42. 43, APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR HARRY PEARLMAN. CLAIM SETTLEMENT - MERCEDES F. ROMEU AND SINDULF0 ROMEU. BID ACCEPTANCE - PRINTING OF 150,000 FOUR LANGUAGE BROCHURES FOR DEPT. OF TOURIST PROMOTION. BID ACCEPTANCE - CITY OF MIAMI FIRE INSURANCE ON CITY OWNED BUILDINGS AND CONTENTS. BID ACCEPTANCE - NEW FIRE STATION No. 9 - BUILDING DEMOLITION. BID ACCEPTANCE - CENTRAL MIAMI PARK - SEATING GALLERY AND WALKWAY STAINING. BID ACCEPTANCE - DIXIE PARK PAVING PROJECT. BID ACCEPTANCE - DOWNTOWN COMMUNITY DEVELOPMENT HANDICAP RAMPS PROJECT. BID ACCEPTANCE - CUBAN MEMORIAL PLAZA & MEMORIAL BOULEVARD. DISCUSSION OF SECOND AND REBIDDING PROCEDURES. BID ACCEPTANCE - ADMINISTRATION BUILDING. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH H & H FOOD SERVICES, INC. FOR FOOD CONCESSION AT THE POLICE DEPARTMENT. AUTHORIZE REIMBURSEMENT TO GOOMBAY FESTIVAL COMMITTEE NOT TO EXCEED $6,000. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. PLAT ACCEPTANCE - BAYSHORE VIEW. R- 78-375 R- 78-376 R- 78-377 R- 78-378 R- 78-379 R- 78-380 R- 78-381 R- 78-382 R- 78-383'' M- 78-384 R- 78-385 R- 78-386 R- 78-387 PRESENTATIONS M- 78-388 EMERGENCY ORDINANCE - AMEND CHAPTER 38 OF THE CITY CODE RELATING TO PROHIBITION OF SOLICITATION FOR PROSTITUTION.Ord. 8808 PERSONAL APPEARANCE OF REPRESENTATIVES OF PARENTS COALITION FOR DAY CARE PROGRAMS. CREATE DEPARTMENT OF LEISURE SERVICES. CONTINUED DISCUSSION - MEMBERS OF PARENTS COALITION ON DAY CARE PROGRAMS. AUTHORIZE CITY MANAGER ENTER INTO AGREEMENT WITH ALLEN PORTER AND HARVEY GREEN FOR OPERATION OF THE PORTSIDE CAFE -RESTAURANT AT NEW WORLD CENTER/BICENTENNIAL PARK. MISCELLANEOUS DISCUSSION ITEMS: (A) MONTY TRAINOR CONTRACT (B) BENEFITS FOR RETIRED EMPLOYEES (C) RECOGNIZE CITY ATTORNEY FOR HONORS BESTOWED BY HARVARD UNIVERSITY. DISCUSSION 1st. reading DISCUSSION R- 78-389 M- 78..390 40 41 41 42 - 43 43 MK Ma 43-44 IP 44 44 - 45 45 - 46 51 - 57 57-63 63 - 64 MINUTES OF RtGULAR MFFTING OP TM CITY COMMISSION OF MIA4I, FLORIDA * * * * * * * * On the 31st day of May, 1978, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:03 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Comm.i44.ionek J. L. Ptummek, Jn.. CommL 4.ionen Rose Gondon Comm.i44.Lonen (Rev.) Theodone Gibbon Vice -Mayon Manoto Rebo4o Mayon Mau/Lice A. Fenne ALSO PRESENT: R. L. Foamoen, A44.ia.an,t City Manager George F.. Knox, Cozy Attorney Ratph G. OngLe, City Ceenh Ma.t.y HL'ta.i, As4.istan. Cozy C.eenh An invocation on was de.2.ivened by Reverend Gibaon who .il.en Zed those pne4 ent in a ptedg e o 6 attegianee to .the gag. A motion to waive .the nead.ing o, the m.inu.tea was snV:educed and 4econded and was passed unan..mou4ty. 1. FILM PRESENTATION In DEPT. OF TOURIST PROMOTION: "MIAMI SEAPORT TO ADVENTURE". Mr. Richard Fosmoen: Mr. Price is here to present the Commission with a film that his office has prepared, Mr. Mayor. Mr. Lew Price: This is a continuing activity, what we're doing to promote the community and show the attributes of what we have here that's available 011. to the tourists and encouraging them to select Miami as their point of destination. Today's film will deal with our really developing Seaport. It's cal]ed "Miami, Seaport to adventure" and it shows what's available to a pfospective visitor when he is here prior to and after taking a cruise. It runs a little less than 14 minutes, I think you'll enjoy it. FILM PRESENTATION Mayor Ferre: Lew, I want to congratulate you, I think that is a fine pres- entation and you all did a good job. Mr. Price: Thank you very much. We're giving one of these films to every cruise ship. We now have 14 cruise ships working out of the Miami Seaport, by January we will have 20 cruise ships and we've given every cruise ship one of these films to show their passengers and they're also available for television around the country and to groups who are interested. We tried to show how important tourism is on the cruise end of it and how it is tied to Miami's economy. So next month if you'll permit us we'd like to fhow you a film we just completed on the convention business in Miami. Mayor Ferre: That's fine. Mrs. Gordon: That looked good enough to want to go on a trip right ow. Mayor Ferre: l,ew, let me ask you a question, 1 saw that Capt, Wald)on is retiring, Mr, Price; 1 read that in the paper, yes, six, 1 Mayor Ferre: I think the City of Miami ought to do something appropriate for him and present him with an appropriate plaque and all of that. Mr. Price: A11 right, fine. He suffered a heart attack art t think his health is not good and he's retiring. Mayor Verre: I'll leave that in your hands but I think We ought to do something for hin . Mr. Price: Yes, sir, his last day t think is June 30th. I'll prepare something. Mr. Plummer: Mr. Price, I'm told by those who know that this film that you have just presented is actually, in fact, very old. Mr. Price: This film? Mr. Plummer: Yes, the bikinis are not string. Mr. Price: Well, the Commission has given us permission to buy our own equipment so we can do these now quite a bit on our own. The only thing we have to send out is the technical assistance but with our own equipment now we're able to make these. It usually takes about six months to do it, an acceptable film. 2. STATUS OF TENANTS AT CITY OWNED MARINAS - PROPOSALS FOR CONCESSION. Rev. Gibson: 1 want to mention something else in connection with the water. Mr. Fosmoen, sometime I guess today or maybe not at all we were supposed to be dealing with this water business around. Mr. Plummer: That was put off until the 13th at my request. Rev. Gibson: I see. Well, let me make sure since it was put off, and I have no problem with that, I remember, Mr. Mayor, some time earlier there was a man in- volved in that boat business over there, do you remember? And you remember, you know I'm peculiar about commitments. What troubles me is have you talked with that man? Mr. Fosmoen: Are you talking about Mr. Ikonis, a representative of the Tenants' Association? Rev. Gibson: No, there was a man who has some boats and all that business, he came up here in the Grove. Do you know what I'm talking about? Albrecht, I'm concerned, have we talked with that man? Mr. Fosmoen: I nave not personally talked with him, sir, I'll be happy to. Rev. Gibson: Please, for God's sakes don't let that man come here on the 13th... Mr. Plummer: Father, excuse me. Mr. Fosmoen, it would be my hope and desire, sir, as I understand the procedure and the tiir.e table that has run so far, that individually you've not spoken with any of the so-called tenants. Mr. Fosmoen: That's correct. Mr. Plummer: That though when the process starts that each and every tenant would be invited to sit in and be discussed with about the proposals as it af- fects any tenants. Mr. Fosmoen: I think once we get to the point where this commission directs us to negotiate with a particular developer that we would begin to take those is- sues under consideration, sir. Mr. Plummer: Well, but you see, then you're asking for problems, you've done it after the fact, you've closed the door to these people who their very liveli- hood are existence. Now to me they should be brought in. If a man has to have the realization that he's going to lose his present livelihood, and that's poss- ible in some of these cases, I think that man should be informed from the day go and he should be invited to sit in and know what's going on. If you wait until after you've closed the door that's what causes the sereaiging matches here at this commmission, Mr Fosmoen: Invited to sit in in what respect, six, in the recommendation of the developer? Mr. Plummer: No, sir, not at air, sit. I think they should be invited to sit ih, they should be invited to see 'bat's going on, they should be aware of what is going on, they should be aware of what this City is proposing; you know, instead of hey, you dump it on them, here it is, good -by. Mr. F'osmoen: Well, I don't think that in any circumstance we would pursue that Course. Mr. Plummer: I think that is eNtet:1y what Father is trying to say. Rev. Gibson: Right. Mr. Plummer: I think those people the day the specs went out for the marinas or the invitations for proposals those people should have been made aware that this City is trying to do something. Now in their estimation I'm sure they're going to say that the City is trying to sink them. Ok, I understand that but I think these people should be aware that the City is proposing to do something which might not include them and I think they should have the opportunity to come before this commission and tell this commission exactly their feelings. Rev. Gibson: Yes, I would appreciate that because I remember those people were down here and those people were bleeding and I said, "Look, trust me". A man named Revitz, dc. you remember him? He did a thing that I will always live with me. I said to him in the midst of all of that zoning fight about Flagler, I said, Mr. Revitz, trust me and man, that man came back at that time and he said, Reverend, you told me to trust you and I felt like a ... For God's sake! Mr. Pluirmer: Well, it would be my hope, Mr. Fosmoen, just to give you a suggest- ed guideline, that all the people who are involved starting with Kennedy Park and the Hobie-Cat Rentals, I assume they're still there. Mr. Fosmoen: Yes, that area is not under consideration for a lease. Mr. Plummer: It might be, sir, don't narrow yourself to that scope. Ok? What you propose and what this commission does is a lot of times a lot different. So what I'm saying to you is, and Mr. Crumpton, you can laugh and put your hair on, start with Kennedy Park all the way down to Peacock Park and tell those people that those proposals are going to be presented at the 3une 13th Meeting. I don't see a thing wrong with that except a 15 stamp. Mr. Fosmoen: I don't. have any problem with that, let me clarify the procedure, however. What you will receive or. the 13th of June is a staff report supported by a citizens committee appointed by the Manager, which proposals this Com- mission should hear, which proposals have enough substance tc them that they should be invited to make presentations to you. We would expect then in late June and early July that you would hear the top three or four that have the 4111. best substance to then. and we would make a series of recommendations to you at that time also. Mr. Plummer: Wait a minute: now, you're talking about on the 13th of June all we're going to get is the written proposals? Mr. Fosmoen: All you will receive are the written proposals and the staff recom- mendation along with the committee recommendation. Mr. Plummer: And then it is your idea that at a subsequent meeting we will have the actual presentations. Mr. Fosmoen: That is correct. Mr. Plummer: Well, it is also my assumption that once you give those proposals to us they then becnve public record. Mr. Fosmoen: They are public record now, sir. Mr. Plummer: I would then notify the tenants or those affected that those pro- posals are available for their inspection at City Hall and then a follow up let- ter informing them of when the presentations are going to be made. I thin}: what Father is trying to accoirplish by doing that will be answered Mayor Ferre Yes, sir, MAY 31197 ft Frank Albrecht: ... and I represent Castle Harbor Boats. My main concern here is that i think the contribution that we make on that side of the bulkhead, and we have a peculiar type of operation, that there has been no attempt by anyone to consider what our operational problems are in evaluations, I don't knots how the evaluations are going on the bids or what factors they're consider- ing. Mayor Ferre: Tell me who you represent again. Mr. Albrecht: Castle Harbor Sailboat Rentals. Mr. Plummer: Yes, but Mr. Albrecht, you know, sir, I'm not going to say you're out of place, I hate to say that but I will say that you had the opportunity to make a bid like everybody else. All right? That was open to the public to come forth and make proposals. Now I understand that you're a small business- man and that you have maybe problems in that area but today is not the day to discuss it... Mayor Ferre: We're not getting into that, he just wanted to... Mr. Plummer: If you want to give input I would suggest that you get together with the City Manager who hopefully will put you in touch with that committee and you can make your thoughts known to that committee now that hopefully they can keep that in their mind when they're making their recommendation. Mr. Albrecht: That's all I'm asking. Could you make sure that's arranged, please? Mayor Ferre: Well, I think the Manager doesn't have any problems with that. 3. PRESENTATION BY KAISER TRANSIT GROUP & TRANSPORTATION COORDINATOR'S OFFICE - REVIEW THREE PROPOSED TRANSIT STATION LOCATIONS. Mayor ?erre: All right, we're now on Item B and I'd like to ask the representa- tive of Kaiser Transit Group and the Transportation Coordinator's Office to make their presentation/review of proposed locations for three transit stations. Good morning. Ms. Ellen Wacher: Good morning, I'm Ellen Wacher from the Office of Transporta- tion Administration here today to discuss three areas of the Rapid Transit System Plans for the City of Miami. First and foremost, we're here today to request your formal recommendation on the Station Group V stations which if you will look at your maps, they are Santa Clara, Allapattah and Culmer. Both the citizens and Kaiser Transit have formulated their opinions and positions which are attached at the back of your blue book . The public hearing will be before the Board of County Commissioners on June 6 at 9:30 A.M., should the City wish a position, and I'm sure that they do. Secondly, we're here to dis- cuss the outcome of the recent Miami River Crossing Study which affects, of course, the alignment of several stations and third an overview of what we're calling Station Group IV which includes stations at Brickell and Washington Heights. The citizens meetings for these stations will commence on June 13th and there will be a public hearing on these stations July 20th, we'd like to reappear before the Miami Commission before July 20th to get your formal recom- mendations on the Brickell and Washington Heights stations. I brought with me Jim Mc Donald first of Kaiser Transit Group and also Gene Stann, the Project Manager who will discuss the Miami River Crossing. Rev. Gibson: Before you begin, Mr. Fosmoen, were you accorded that opportunity, sir, that I mentioned to them? Mr. Fosmoen: Yes, sir. Rev. Gibson: You were heard? Mr. Fosmoen: Mr. Luft was heard, I had a conflict, but Mr. Luft was there and expressed the City's position. Rev. Gibson: Mr. Luft, please, sir, you were heard? What happened? We need to put that into the record before we get going. What happened? Mr. Jack Luft: This is in regard to the Culmer Station? ... On the up and down? I addressed the Policy Committee, the Commission and Dr. Dyer express- ing to them that the City of Miami had some great reservations with regard to at -grade sections,. Mayor Ferre: What? Mr. tuft: On at -grade , sections on Dixie I-tigh'ray between the Vizcaya Station proposed, or literally at 26th Road and Douglas Road, 3lth Avenue. The point that 3 made was that it Was widely represented the citizens of the City of Miami that we were going to get a rapid transit system with an elevated guide-, way, bypass and lineal parks. I pointed out t:iat this is an extremely import- ant measure in that particular location because the neighborhoods north of Dixie Highway would find it very attractive to lave a lineal park on the north side of Dixie Highway where there is very little park space available to them and there is a substantial barrier between them and the parks to the south. This Commission has tried for some period of the to try to put bike paths in the City, I know how sincerely you want to do taat and how difficult it has been, this is a chance to have a bike path that would go not only from Dadeland to the Miami River but ultimately perhaps in Phise II as it is extended north up the FEC all the way to North Miami completel, through the town. Now what has been proposed here is that there be certain sections of the transit system. at grade in order to save some money. They would bring it down and it would literally replicate what we have today which is a railroad track9 along the ground. I expressed to them that this particular measure would preclude that lineal park from happening, it would cut it up into little pieces at intersec- tions, it would leave about a 5, 6, 7 foot space between the chain link fence that they would have to put around it to keep people off the third rail and the street. That might allow us to put a couple of trees in there, it certain- ly would make it hazardous for a bike path to try to negotiate it and it world really destroy our lineal park. The land amounts to some 10,230 lineal feet of at grade sections, that's almost two miles between 26th road and 37th avenue. That 10,000 lineal feet of at grade sections would cost in the neighborhood of $3,000,000. Now we know how hard it is to buy (pen space and recreation lands in this City in developed areas. We have a chance to make, an unparalleled chance to make an efficient use of expensive pr.perty that we're buying not only for transit but for a number of other purp-ses and it is the position that I iterated at that meeting, the City would like some very serious consideration given to keeping that system elevated through teat section maintaining intact our at -grade sections, maintaining, intact our at grade sections and that lineal park and that bikeway so that we can get that full usage of that proper- ty. Now this was couched in a way that we did sk Dr. Dyer, staff of O.T.A. to come before this Commission and present to teem the total range of alterna- tives that they are considering for saving cost. on the system. Any political body, any group would always want to save money if they can without destroying the context of the system so they are looking a: a number of things and we think that before this Commission can properly responl even though it would be prob- ably be our recommendation at this point that w! would be opposed to those at - grade sections for the reasons I've just outlin:d, before you can properly re- spond you would have to see the full range of c)st cutting measures so you could put that int- perspective and understand ghat the trade-offs might be. But the fact is this kind of cost savings woulc be a permanent fixture of that system. It is not the sort of thing that we ccild go back and correct later on if we had the $3,000,000 later. Ms. Wacher: Ok, you did request that of us. Mr. Loft: I requested that they make this pres.ntation to the Commission of all of those measures. Ms. Wacher: And we are studying them and we will be back to you definitely with those. Rev. Gibson: Let me make sure that my fellow C>mmissioners don't think I'm asleep on that board. Ms. Wacher: We know you're not. Rev. Gibson: I had to be in New York for a mee:ing all that week and I was not able to be there so I arranged that Mr. Fosmoen would make our wishes known. Ms. Wacher: Right. Rev, Gibson: I want to make sure that the Commission knows that we made it known and I want to make sure before the Commission takes any formal approval that you all take some formal approval to tango with us, Ms. Washer; Definitely. 5 Rev. Gibson: Right! And look, before the next meeting you heard, what did you tell about time, Mr. tuft, to make sure she understands that? Where that presentation is to be made, say that again. Mt, Fcetnoen: Well, Dr. Dyet has indicated to me that they'll be coming to this CoMMission in late June or early July with a series of alternatives for cost saving measures. ReV. Gibson: A11 right, sir, just so we've got that into the record. And by that time, sir, don't let us pass any formal position until such time as. Do you understand? Ms. Wacher: Right, Mr. Fosmoen: I don't think there is a conflict with that and what's being presented. Rev. Gibson: I'm not saying that. No, Mr. Mayor, you understand? Mayor Ferret I understand. Rev. Gibson: I'm not saying... We're going to deal with this this morning but you know if you don't do something with me about that you know... Ok, we're together. Mr. Jim Mc Donald: In Station Group V we have basically three stations that we're looking at, Allapattah to the north, Santa Clara in the middle and the Culmer station to the south. Now the Civic Center Station is also included in this line segment, however, that was covered in the Civic Center Study and the station has been located and gone through the Milestone E process so we're actually just looking at three stations beyond that of the Civic Center. The Allapattah station which is the station to the north, we looked at, I think there were five total alternatives for this station site. When we went to the public we narrowed that down to two alternatives, Alternative 1 and 2. Alternative 1 is the alternative at the very bottom there, the long linear alternative. Now that's approximately eight acres and would displace 61 resi- dential units. It would require a three level garage and 1,890 spaces. What was recommended, that's alternative 2. That's the alternative that has been recommended by the Kaiser Transit Group, Office of Transportation and the Mile- stone E Committee. That is approximately 6.2 acres with a 1.4 acre parcel north of 36 Street. That would be utilized for an express bus lot. The appar- ent parcel itself would contain a four -level garage and it would displace a total of 70 residential units, 12 of these units are the HUD Housing Project. We have coordinated with them and they also endorse this station site. The total patronage for this entire site is 19,925 of which 70% of the people will be coming in by an express bus. The express bus is basically coming from the north, coming south on 95 and also from the east and west. Going on down to the Santa Clara station there are two alternatives, one to the east which is alternative six and one to the west which is alternative 5. Alternative 5 and 6 are almost mirror sites of each other, they're both 3.4 to 4 acres, they would both require a four -level garage. There will be a total of 605 parking spaces provided, the displacement of the alternative 5 which is the alternative recom- mended by; here again Kaiser, OTA and the Milestone E Committeeeis the site to the west and that would displace two single family homes and three businesses. The total patronage would be 2,210 people coming into this station. One of the main purposes of this station I believe is to serve 20th Street and also to help accomodate some of the movement into the Garment Center which is further over to the east. The 3rd station that we're looking at is the Culmer Station. That's located down at the bottom of the map on 7th Avenue and llth Street, the Culmer Village being to the southeast dorner of the station site. The total patronage at this station would be 4,240. This station will not have facilities for parking as presently proposed, it will strictly have a kiss and ride service and a bus service. Now there is a possibility of providing some parking, this is one of the concerns of the citizens in the Milestone E Committee process is the parking facility is not being provided at Culmer. So we're going to be looking at that in our station area design development program. Right now what we're trying to do is merely locate the station and get a gen- eral idea of what it would take to accommodate the facilities on the site but we are studying the possibility of putting parking in at this site. The total patronage here is 4,240, the total site to accommodate strictly the bus and the kiss and ride service is 5.2-acres. There will be 20 kiss and ride and four bus bays and there will be 22 residential units displaced and 2 businesses. One of the reasons that this station only had one alternative is because the MAY 311978 alignment makes a curve on the east side and also makes a curve on the west side so there is only one tangent point in the entire alignment in the Calmer area and this is it. So the station had to be located in this one segment so there really wasn't any alternative as to where the station could be placed because of engineering reasons. We explained this to the citizens, they didn't seem to have any problem with the location or the design, it was basically deal- ing with the parking facilities not being proviced. Here are some quick aerials, this is the aerial of the Allapattah station, a: you can see it is located on the east side of N.W, 12th Avenue, it is not in the street itself it is on the east side and it is what you see going across lyre at 36th Street and 12th Avenue running back through the rendering itsel there. It is an elevated station, 161 feet and it is a center loading pL.tform type of station. The Santa Clara Station is a station located in the median of N.W. 12th Avenue with the facility over on the west side. The reason that this station and the align- ment is in the median is because it is coming out of the Civic Center and be- cause of the municipal properties and so on to the south of 20th Street we weren't able to locate the guideway on either of the two sides of 12th Avenue so we have designed this to be located in the middle of 12th Avenue. We have not disturbed for example the Cantor's operation on the west side and the Miami Produce, coming on the east side, the Miami Produce operation on the west side, we're basically dealing with that vacant piece of ground and There the new Wendy's is located on the west side. And the third site is tle Culmer Station, here again an elevated station and another one of the reasons why the Culmer Station was taking some acreage beyond that of the guideways, on this corner right here... llth Street and 7th Avenue going across in our ihoto, this corner, there is some road realignment improvements pro:)osed on that corner and so we're trying to leave that area vacant for any type of road improvements that might occur or remain as a visual for the station. Rev. Gibson: Let me ask a question, you can't answer this but I want to raise it while you're here. Sir, I think that gentleman over there is one of the high ups, is that right? Come to the mike, please. One thing, I never get a chance to do this down there I could do it here. I was in Atlanta last week, all last week. Boy, I heard some things in Atlanta that frightened me. Did you hear what I heard? Mr. Stann: I'm not sure, I haven't heard what 'ou heard, I mean I don't know what it is you heard. Rev. Gibson: Well, the same kind of business }ou're in they'-e in there. Did you hear what I heard, do you know what I'm talking about? Mr. Plummer: Don't keep him guessing. Rev. Gibson: I heard that that estimated cost, you heard that? Mr. Stann: Not yet. Rev. Gibson: Ok, I want you to make a call af•er you leave here. It's gone up three times what they estimated. Mr. Stann: I find that very di ficult to beli,ve. Rev. Gibson: You find it diffi'ult? Well... Mr. Stann: I don't say that yoi didn't hear i Rev. Gibson: I know you aren't, I understand -hat but I'm just telling you what they told me. I think you ought to really cal and be cautious. That's all I'm saying. Mr. Stann: We do keep in pretty close touch w th the \tlanta system and also with Washington and Baltimore. Rev. Gibson: They didn't tell you they were w th trouale? Mr. Stann; No. Rev. Gibson: All night, don't take my word. Mr. Plummer: Let me ask this question, becaus the one thing I kept hammering on, as I recall there was a 20% inflation fact r into this system. 7 WarZ Mrt M▪ M• E MIN MAY 11978 Mr, Stann: There is a 20% contingency and escalation in addition. Mt, Plummer: Ok, but 1 think What Father is saying is realistic. There has hot been a system yet that has not been built that did not far exceed that which Was projected. Mr. Stann: That is correct, Mt. Plummer: And that is what Father is saying. keV. Gibson: That's right. Mr. Plummer: Father, to give you an example, San Francisco did just the opposite. San Francisco put up 80% local money, 10 and 10, state and federal. They had to go back out to the voters of that community and 1 think, what was it three times? Mr. Stann: Yes. Mr. Plummer: It was twice at least. Mr. Stann: And they passed a sales tax finally. Mr. Plummer: Well, the half a percent. The half a percent runs the transit out there. Rev. Gibson: Well, all I want to do for us is to ask you to please call them and ask them if all that talk, and I was in a government meeting now, and if all I heard was true or has any reason to cause us to have alarm. Ok? Mr. Plummer: I think it would be fair that we be the benefit of your conversa- tion through a letter. Rev. Gibson: Right. Mr. Plummer: Not that it is going to do anything more than to make us sad. Rev. Gibson: And for Goci's sake don't get the impression that Theodore Gibson is not for mass transit because we can't survive without it. Mr. Stann: We know your position, Father. Rev. Gibson: You know we can't survive, I just don't want us not to have it. Mr. Stann: I agree with you. Mr. Plummer: Let me just: say one last concluding.thing. I wish that you could take everyone who voted no on this last bond election who were opposed to the transit and take them to Washington, D. C. and let them ride that system now in ex4stence and I think that factor of a 45 cent ride would have changed every vote that voted in the negative. There's no question that it's going to be an expensive system, no question in my mindlbut more overriding is the factor that it is a system this community cannot exist without. Mayor Ferre: I want to pass on a personal observation to both of you. It is my understanding that there has been a decision made in theory about no commer- cial operations in any of these stations and I want to tell you that I'm just speaking personally, I am violently and strongly opposed to that posture and recommendation of Kaiser or the position that Dr. Dyer and the department have taken. Rev. Gibson: What was that? Mayor Ferre: They don't want to have any of these convenience stores and I think one of the absolutely essential things that I see in Montreal, Toronto, Washington, Mexico City and the other - not Washington - is the fact that they have places where you can buy newspapers and,all right, don't sell gum but you can certainly sell other things that are a convenience to people. And you know I think it is a humanizing thing to get off and have somebody selling flowers. It's got to be controlled, they've got to have licenses and permits but to have one of these austere type of, I'm not for that and I just wanted to put this into the record early on. 1r. Stann: Our stations are quite small, Mayor Ferre, inside. There is a possibility for some type of development outside the station itself. MAY 311979 Mayor Ferre: I'm talking about the convenience type of booths where you can buy a newspaper or buy stall things, obviously you're not going to have a women's departittent store or something or a mans, or a sports store or something there obviously. I'm not talking about that. Okay, do we have anything else? Mr. Stann: Yes, we have a couple more things to talk about. Mayor Ferrel I want to make sure you understand my point. I'm not concerned about the commercial aspects of it, I'm concerned about the humanizing thing. I hate to see something that is so cold and impersonal and washed down that it doesn't have any human involvement. Ms. Wacher: Well, since Commissioner Gibson is a representative on the Policy Council I think that he could bring that up at the next meeting, that topic. Rev. Gibson: I certainly will, you be assured I will. Mr. Stann: We're going to talk now about the Miami River Crossing. During the preliminary engineering between 73 and 75 we made a study of the possible ways of crossing the Miami River, that is overhead on a bridge or under the river in a tunnel and at that time we recommended to the County an aerial crossing of the river primarily based on the cost difference. Largely because of the concerns and the wishes of this Commission which passed a resolution in May, 1975 asking the County to restudy the crossing of the river,we have now completed a very in- tensive study of the river crossing and I guess I must say that,to your regret, we are still recommending an aerial crossing. I would like, however, to describe the study to you and explain to you our reasons for this recommendation. The parce] of land we studied is called Line Section IV and it extends from about where the transit line passes under I-95 at the south end near the Vizcaya sta- tion and runs all the way through to N.W. llth Street where the line again passes under I-95 here at the north end. The line is shown here in -plan which means top view, looking down from above and then these are the profiles of the aerial and subway configuration. Coming under I-95 at grade, the line then makes a curve following the FEC Railroad, continues to follow it across the river through the Government Center Station, through the Washington Heights Station, turns west on N.W. llth Street and then goes down under I-95 again. Now in profile looking at this from the side, and I want to point out that these profiles have a vertical scale of one inch equals forty feet and a horizontal scale of one inch equals four hundred feet'so the scale is exaggerated ten times and so all of these elevations are actually one tenth as high but we exaggerated to make it clearer. Again, starting at the south end we are at grade here south of the Brickell Station. We then rise to the Brickell Station which is elevated then go up on a 3% grade - three percent means that it rises three feet for every hundred feet that it traverses - crosses the river at a clear height of 75 ' which is required by the Coast Guard and the Corps of Engineers, comes down again slightly but then has to level off to cross the on and off ramps of I-95. It then comes down again and into the Government Center Station which is elevated and quite high, about 50 feet then comes down again and into the Washington Heights Station around the bend and then down the grade again where it crosses under I-95. The subway alternative goes underground south of the Brickell Sta- tion/as shown here and the Brickell Station is underground. It then goes down again on a 3% slope under the river, back up the other side and into the Govern- ment Center Station which is also underground and then it rises rather sharply at a 4% grade in order to clear 5th Street which is right here. Fifth Street, of course, is a major street that will remain open when the Government Center is built, and then back to an elevated station in Washington Heights and from there on it's the same. We first started with developing a number of alterna- tives for these, six of them all together, and then we picked out of those the best aerial configuration and the best subway configuration and then we conduct- ed a very intensive evaluation of those two comparing one with the other. I'd like to show you a few of the renderings that show how these might look. Here is a view of the aerial crossing of the river looking from the city towards the south, Coral Gables off in the background. It crosses the river next to this FEC Railroad warehouse. Mayor Ferre: Excuse me for the interruption, that's not Coral Gables that's the Brickell Avenue area in the background. Mr, Stann; Up here, Mayor Ferre; Oh, I ?peg your pardon. Mr, Stann; Right. We cane on down here and into the Stricken Station which is here then it curves as I mentioned, goes under T-95 and then goes on down South Dixie. You can see the crossing of the I-95 on and off ramps here. This is a view from the south looking up at the bridge and this shows this FEC warehouse up in the center. Mayor Ferree I wonder if you could pass those up to us afterwards because I'm a little bit nearsighted. Mr. Stann: Certainly. Mayor Ferre: May I interrupt you just at this point? This is the area, Mr. Fosmoen, that I had requested, I realize that we don't have the money to do it how but if we're going to develop this riverfront area I hope that we do some preliminary engineering so that sometime in the future maybe ten years from now if this becomes a highly developed area that we could put a station up here to service this area. We realize how close it is to the next station but I think it is a little bit too far to walk and .... Mr. Stann: The Government Center Station is only about First Street north, it's about three blocks I guess, that's about 3rd Street south, I think, of the river, four blocks. Mr. Fosmoen: I have communicated with Dr. Dyer at your request, Mayor, and asked him to take a look at that and when we looked at the downtown stations and the river crossings for your action I would expect Dr. Dyer would have a response to your question. Mr. Stann: I'd like to point out also that the downtown people mover will inter - phase with the Rapid Transit at the Government Center Station. Mr. Plummer: Let me just bring up one point, and this is a personal feeling and a personal observation. You know I was somewhere under obviously a miscon- ception. It was my understanding.... Mayor Ferre: Plummer, will you forgive me if I interrupt you? It is 10:00 O'Clock and we have to take up item #1 which is a sealed bid. 4. RECEIVE SEALED BIDS - CONSTRUCTION OF FLAGLER STREET HIGHWAY IMPROVEMENT H-4372-A & FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION H-4391-A (2nd bidding) . Mayor Ferre: At this point we don't have any.sealed.bids, Are there any sealed bids to be presented on Construction of Flagler Street Highway Improvement H-4372- A? Is there anybody in the audience who is going to bring forward a sealed bid? It is 10:00 O'Clock in the morning, let the record reflect that we have no bids, is that correct? Mr. Ralph Ongie: That's right, sir, we have no bids. Mayor Ferre: Mr. Grimm, are you surprised with that? Mr. Vince Grimm: Yes. Mr. Plummer: I'm not. Mayor Ferre: Why? Mr. Plummer: I'm not. Mr. Mayor, you know it is something that I've been try- ing to tell you for years. The way this bidding procedure in the City of Miami is going people have no credibility. And when you take that this is a botched - butchered job that we're trying to get somebody to come in and pick up and run with the ball I'm not surpised at all. The same thing when you go out for $3,000,000 worth of computers - you have two bids - doesn't surprise me at all. Mayor Ferre: What should we do now, Mr. Grimm? Mr. Grimm: Well, we'll do nothing, we'll find out what it is and we'll bring it back up again, Mr. Mayor. Mayor Ferre: A11 right, one last time now to make sure that there isn't any- body... Is there anybody in the audience that wishes to present a sealed bid on the Construction of the Flagler Street Highway Improvement on Flagler Street between 1-95 and Biscayne Boulevard? Okay. 10 5. CONTINUATION OF PRESENTATION BY KAISER TRANSIT GROUP. Mr. Plum er: The point that I was trying to make is this: As I started to sayi somewhere I was under a misapprehension. It was my understanding that this total systatt would he elevated, the total system. And I'tn going to tell you speakin'7 for one that I have seen and had expressed to me whether we like it or we don't a fear of security the minute that thing goes underground, below grade, darkness, Okay? Now I'm just telling you that this was expressed to me in San Francisco, it was expressed to me in Washington. Mayor Ferre: Have you ever been in South Bronx? That's elevated and there's more crime that goes on in the elevated portion of the subway than in the other.. Mr. Plummer: Mr, Mayor, I will acquiesce to the point that you are an expert on the South Bronx but God forbid that we should have the South Bronx in Miami, Florida. Mayor Ferre: Mr. Plummer: try to avoid. It's still elevated is my point. And the point I'm trying to make is that's what I would like to There is a problem with these things when they go under ground. Mayor Ferre: It's all academic because look, they're strongly against subways, everybody seems to be against an underground, I don't think there is anything else to talk about. Mr. Plummer: Hey, I'm just voicing one person's opinion. Mayor Ferre: And I agree with you. Mr. Stann: Actually the only reason - this is the only portion of underground we're studying in the whole system and the only reason we're doing that is be- cause this Commission asked us to do it. We don't think it should be underground and never have thought so. Mayor Ferre: Ok, so what else have you got to tell us? Mr. Stann: Well, just to shorten it quickly we made this evaluation. The eval- uation was made in terms of .... Mayor Ferre: It costs you three times as much to go underground. ... Mr. Plummer: Plus all the riders would need a snorkel. Mr. Stann: The cost of the aerial structure is about $38,000,000 and the cost of the subway is $113,000,000 or a difference of $75,000,000. Mr. Plummer: Just double that for additional security. Mayor Ferre: We accept all that, Mr. Plummer, let's move on. Mr. Stann: Station Group IV Stations, there are two of them as Ellen mentioned, the Washington Heights Station and the Brickell Station, and if I can go back to that profile for a second, we're going out to the public on June 13th to present these stations. There really is only one possible location for either of them because of the configuration. When we come down here we're at this point, we can't move farther south because we can't put the station on a curve. If we move farther north we're getting awfully high and, in fact, we can't make that 3% grade which is the maximum permissible so this station is about S.W. loth Street and extending south from there. The Washington Heights Station is at about N.W. 8th Street. It also can't move because the line comes down to it from tt : Government Center Station. It can't move this way or it would be on that slope and it can't move farther to the north because it would be on this curve, So those are the two locations. We are going out to the public to show to them next week and come back to this commission before July 20th to give you the results on that. Mayor 3'erre: Let me ask you another thing. You know people in Coconut Grove and in the Brickell area are bicycle oriented. Will you have the availability to have bicycle racks so that people, for example, I can think of my son who goes to the University of Miami,I'm sure from my house, for example, that sta- tion :, about a mile and a half. He's not going to walk it but I think he would take a bike if he could have a place to put his bike and kind of chain it down 11 MAY 311978 so somebody wouldn't steal it and then go to the university of Miami and come badk. I'm sure that the people in Coconut Grove where you're a mile, mile and a half, two miles away wouldn't want to walk, for example, from right here. It'S a short bicycle ride to where your proposed station is going to be, it's a longer walk. So I think it is very very important that you have especially arbund this part, that you have a lot of bicycle racks. Ms. Wacher: And we will be back to you before July 20th for your recommendations on the Brickell and Washington Heights stations. Mayor Ferre: Thank you. Thank you very Much for your presentation and your patience with us. All right, anything else on this item? 6. RESIDENCY REQUIREMENTS FOR CERTAIN CITY BOARDS AFID COMMITTEES, Mayor Ferre: We're now on Item #C which is a residency requirement for certain City boards and committees. Mr. Fosmoen: Mr. Mayor, this issue surfaced basically through a discovery that potentially one of the members of the Planning Advisory Board is not an elector in the City. We have asked the County Elections Office to conduct a survey of all the members of the Planning Advisory Board and the Zoning Board to determine whether or not, in fact, they.are electors. However, that question led us to a review of the residency requirements for all of the City's boards and commissions and we find, in fact, that there are only two boards that require residency or elector status and that is the Planning Advisory Board and the Zoning Board. Mr. Plummer: And the City Commission. Mr. Fosmoen: I'm sorry, and the City Commission. The remainder of your boards and commissions speak to either a general interest in the area or a residency or principal place of business in the City. Mayor Ferre: Yes, like the DDA, for example. Mr. Fosmoen: Like the DDA. We are concerned that if there is a member, for example, on the Planning Advisory Board who is not an elector that the deci- sions of the Planning Advisory Board and the recommendations that come to you from that group may have, or it may not be legal particularly in a tie vote sit- uation where that one individual may swing the vote one way or the other. We bring this to you for your information at this point and to demonstrate that there are only two boards at this point that require elector status. Mrs. Gordon: May I address myself to that, Mr. Mayor? Mayor Ferre: Yes, of course, Rose. Mrs. Gordon: Since I was very involved in the formation of these boards in 1972 I believe, right after that election. This was the subject of a lot of conver- sation with the Advisory Committee who helped to put together the format that is in place today and it was a very strong point that residency -elector be in- cluded even though some of the members of the advisory group would have liked to have not had it because they themselves were not residents and would have liked to have had the opportunity to serve. I particularly mention Mr. Herbert Lee Simon who indicated that he was a large property owner in the City but he lives in Coral Gables. But it was decided that for the good of the City and for the good of the decisions that would be made by people who are actually living and being affected in their lifestyle by decisions of zoning and also planning that this be a requirement for those two boards having no bearing upon any other boards. Mr. Plummer: ... Here again, I'm glad to have Mr. Fosmoen, I get tired of argu- ing with Mr. Grassie. I don't accept Mr. Fosmoen's comment, Mr. Mayor. His com- ments were that he brings it to us for informational purposes. I don't agree with that. There's an expression for that called C.Y.A. and really what it means is a newspaper discovered this so-called inequity and Mr. Fosmoen is throwing the hot potato here and saying, "Ok, what do you want to do with it, Commission?", Well, let me tell you, I'll tell you what I want to do with it. I'm a firm be- liever that I've got to live .in the City of Miami to be an elected official in this City and I think there ii a good reason for it and that reason is that it's my home, I'm going to do for this community what I think this community needs. f► I don't want outsiders telling me how to run my :.ouse and I'm a strong believer that members of boards of the City of Miami, and not just Planning and Zoning, that they should be residents of the City of Miami. Now as far as I'm concern- ed we've discussed before, you know employees. 'ihy should someone who lives in Metropolitan Dade County or lives in Coral Gable; or lives in Hollywood be sit- ting down here making decisions for me? We use :he concept in the Community Development and what is that concept? We go to :he neighborhoods and we say to the neighborhoods, "Tell us what is good for you= community". We don't go to Coconut Grove and say, "Tell us what is good for Belle Meade" nor do we go to Belle Meade and say, "Tell us what is good for Coral Gables". I am just a firm believer that I feel you will have better boards where you have community inter- est, where you have people who live there. Fattar always uses the saying, and I believe it to the hilt, "Man, it is my home" and as such, the pride of my home, I'm going to look after it a little bit better than the person who doesn't live there because I've got to be there after tie decisions are made. So person- ally for one I think all members of all boards for the City of Miami should be residents of the City. I would have to put, Mr. Mayor, a proviso in there real- izing the practicality that first and foremost f we were trying to attract a certain kind of board and the expertise were no there then I feel you would have to leave a proviso open that you could dra“ members to that board for help but first... Mayor Ferre: Well, how do you do that? Mr. Plummer: Very simply, you know,if there ar, no people who are residents who wish to serve on those boards then you go aid open it up but first and fore- most I look after my people. Mr. Fosmoen: One response to Mr. Plummer, the Process for input into Community Development provides that anyone who is a resid:nt, works or owns property in a Community Development Target Area may vote in tie election and may serve on a board that recommends actions to this Commissicn. Mayor Ferre: Well, that's what we have for exzrple in the Downtown Development Authority and that is that a person on the DDA either must live or must have his principal business within the City's boundaries and that gives you a little more extension because... I mean I'm just bringing this up for discussion purposes. Mrs. Gordon: I feel as J. L. does, I don't th:nk Planning and Zoning particular- ly equates itself with some of the other situa+ions suet even as the Downtown Development Authority does because that concerts itself with the business atmos- phere which composes that taxing district. Mr. Plummer: Well Rose, the point, I have no business, I would be opposed to person who j lot of difference between just working in the ness in the downtown. You know our financial got a business down there and you're going to vives. If you're just working there and the b la vie', I'm sorry and you're gone. So I just get a much broader representatioi on these boa ity and I just personally feel tiat you're goi in a person who lives there than a person who ,bjection to a person who has a ist works. You know there is a lowntown area and having a busi- neck is on the line when you've see to it that that business sur- isiness goes under, well,'`C'est personally feel you're going to :cis of the make up of the commun- ig to have more of an interest does not. Mayor Ferre: Well but the question next comeE up that shouldn't we be uniform about this with all boards. ... Mrs. Gordon: Mr. May I would suggest that and analyze it, what its requirements are now but I think that is the only way you can addre across everything. Mr. Reboso: I would include alF) people in p+ because I am surprised that this thing about For example, to me the City Manager is •a mo of the board and we had Mr. Paul Andrews livi. when he was City Manager and nolody raised th about it. We have people from the Police Dep. in Dace County, to Broward Count?. To me tha on a loard that meets twice a mcnth and nobod you take each board individually and what you would want it to be ss it rather than just cutting licy making positions in the City sidro Borja came to light now. e important position than a member g in Dade County for so many years .t question. Nobody said anything rtment taking cars to their homes is more important than a person raises a question about that, Mr, Fosmoen; ly concern is the decisions tha that bcard is making with a re- qui-repent in place that they be an elector, f this Commission wishes to expand that to inciud a principal place of business don't t ave any problem, 13 Mr. Reboso: I would like to be consistent with everybody in the City of Miami and give certain periods of time where they have to move within the City Limits. Mrs, Gordon: I think what we ouctht to do is what I said before, take each thing individually and discuss it instead of painting the whole thing with one brush. I mean/we have a situation that we're discussing it today because there's a particular case in point. Now apparently, I don't want to go into the merits or demerits of that particular individual or whatever happened there, that's not before us. But the rules are the rules and the rules have been in place Since 1973 and I believe that unless there was a good and valid reason to aban- don the rule that we ought to adhere to the rule. Mayor Ferre: Is there just one person involved, is that all we're talking about? Mr. Fosmoen: We have asked the Election Board at the County to survey each of the members of those boards that require residency and elector status. Those returns are not in yet. Mayor Ferre: You mean as to where they vote. Mr. Fosmoen: As to where they vote, where they are registered to vote. Mayor Ferre: Is that what they're going to determine? Mr. Fosmoen: Yes. Mr. Reboso: But that is not the problem Mr. Borja has because Mr. Borja was accused of not living in the City. He was raised in the City and he has prop- erty in the City. So we can't take the word of the Election Board. Mr. Fosmoen: No, the ordinance requires that they be an elector of the City of Miami. Now,Mr. Borja's name is coming up, I really didn't want to get into one individual. Mrs. Gordon: I didn't either. Mr. Fosmoen: But we're asking the Board of Electionsywho determines whether someone is eligible to be an elector in the Citylto interview and to conduct a survey of each of the members of those boards that require elector status. Now it may be that there are others in addition to Mr. Borja, and we'll know that within 30 days, sir. My concerniin the short run,is if it is the Commis- sion's desire to keep the elector status requirement in the PAB and Zoning Board then I'd like some direction from you; if you wish us to expand that to include principal business in the City then we'll proceed along those lines but I'm concerned about the legal implications of the positions on that board. Mrs. Gordon: You know1what bothers me in the whole process of discussion even is that we're trying to accommodate a situation. Now I don't think that that is what this Commission ought to do is adjust to a situation - no personalities at all, I would never mention, it could be anybody or nobody. But I think we need to consider what we're doing. What we're doing is saying because a sit- uation has come to light we're willing to change our rules. I don't think that is a proper procedure for this Commission. Mr. Plummer: I'll make a motion that the administration be instructed to pre- pare an in-depth study and recommendations to this Commission making it a manda- tory procedure that all members first be selected on the availability of resi- dents or principal business in the City of Miami with the proviso that,if not, it then be open to the general public. That's a motion just to look into the feasibility of the whole thing. Mr. Reboso: Second the motion. Mayor Ferre: All right, you want to repeat your motion again? Mr. Plummer: That's what we have a Clerk for. Mayor Ferre: Would you repeat the motion, Mr. Clerk, to make sure that I under- stand it? Mr. Ongie: I'm not sure we've got it all, Mr. Plummer. Mx, Plummer: I think we need a new Clerk, 14 0 MAY 311978 Mr. Ongie: Well, that could be. Mr. Plumter: My Motion basically says... Mk. Ongie: The administration be instructed to prepare an in.depth study and cline recommendations to the City Commission as io a possible Mandatory provi- sion that all members of boards be selected fron residents of the City of Miami with the proviso that if this cannot be accotflnocated the general public Would be considered. Is that right? Mr, Plummer: Residents or principal business. Mrs. Gordon: Does principal business include property ownership? When you're talking, 3. L., as you all know,about Zoning I think principal business doesn't protect the ownership of real estate. I think principal business could mean almost anything. I would suggest you leave tha+ out. Mr. Plummer: Rose, I would rather leave it in or discussion purposes, and I agree with you and strike it out when we adopt he ordinance. This is not the ordinance, Rose, it is just for tle administrat on to prepare.... Mrs. Gordon: If you're putting principal business in also include property ownership. Mayor Ferre: Would you accept that as an amendtent? Mr. Plummer: Fine. Mayor Ferre: This is only for di:;cussion purposes, you reali:e that we're not voting on anything definitive thi,; morning. Mr. Plummer: That's right. Mayor Ferre: Is that acceptable to you? Mr. Plummer: Sure. And I'll also, Mr. Mayor, ;o there will be no apprehension that if and when the time comes that this Commission prepares to adopt such policy that it be done first and ioremost with i public hearing. 'm not try- ing to sneak anything in on anybocy. Rev. Gibson: Mr. Mayor, under discussion, I weild thin}: that you have to deal with one or two philosophies and 7. know we're nDt passing, you know, but I want to make sure we get our things together, get our act together before we get back here and I want to make sure the administration understands. Now, you cannot tell me that if you need architects you can't find enough able,competent archi- tects, engineers, etc. living in the City of Muni. You can't tell me if you need a lawyer you can't find an able,competent lawyer living in the City of Miami. I want to make sure everybody understar3s this so if we've got to go to philosophy because all we're going to do is we will end up with an accommo- dation of - that's what we're trying to do. I think we need to say right out - this is where Gibson is - you love the City of Miami? Yes, love it. And the Mayor tried some time ago, I never will forget. Do you remember that? The Mayor tried to get us to pass an ordinance on residency requirements and we went away and then we had this ordinance that to now have as an accommodation to get off the hook. Do you remember that? A.1 right, I want this Commission to understand that if you adopt a philosophy wren you c xie back here I want the administration to understand don't come baik here pussyfcoting. Either we're going for residency requirements which is you know you own the property, you're living i:; the area. You see, what nobocy is saying if a lot of these people own a lot of land and I want to know because you know in the black area you have so much absentee ownership it t'aint ;yen funny and then they decide what they're going to do for us. You see, so want to make sure we develop if we're talking about, Mr. Mayor, please tolerate me a minute or two longer. If we're talking about residency requirements te're talking about where do you live, where do you eat, where do you sleep, where do you vote. You're doggone right%because then when you fight for certain .kings you fight for them know- ing that they affect you. And if you fight fo certain other things you say it doesn't make a damned bit of difference wha- the consequences are I'm not there anyway and I happen to live in the area 'here an awful lot of people own what they own, get rich, enjoy all the benefit elsewhere and you know inflict it on me. Do you understand what I mean? So 'm going for the philosophy I ain't going to accommodate nobody because I believe enough smart people l?ve in the. City of Miami who love the City of Miami t- the point -when you're talking to our native - that they ought to be able and will ng to show thitt. That's where I am, 15 as nu r 1 1f17ff Mayor Ferre: All tight, we have a motion and a second and this is something that we'll be discussing. I'm going to give to each of you on the Commission, and I would be Very grateful if you would read it, a very interesting article that ca11e out in Harpers in the May Issue. It's called ''The Balkanization America". The Balkanization referring to the , Wats and it talks about what is happening throughout America, how we're dividing, how we're going in a direction of provincialism. It isn't just happening here but it is happening all over the country in divisions, not only the sun belt versus the frost belt but ethnic divisions, cult divisions and religious divisions and political diVi= sions and what have you and it is a philosophical statement, it is only about three or four pages but I think you'd get an awful lot out of it as you realize some of the things that are happening throughout the country like you just saw recently what the Board of Architects did to Phillip Johnson and to other major architects, international architects and trying to exclude them from being part of the process in our local communities and there are extremes on both sides alld.I_ think we have to be aware, I happen to be a middle of the roader in most things, I don't like extremes of either side but this something that I would hope you would keep in mind as we deliberate on this in the future. Rev. Gibson: Mr. Mayor, one further comment because when you said architects, we have a case right before us. We've been arguing for the last two months. Do you remember that African Square? The reason, one of the things we've been saying consistently, said maybe there ought to be joint venture in business. You know? You've got a guy living in New York that doesn't know a doggone thing about trees down in tropical areas. You all remember that story. Whereas, you know I just don't want you to get off the track, the philosophy. Now are you, if anybody ought to be for middle of the road I am and I am for the middle of the road but I want to be middle of the road all the way and not when it is con- venient and I want to accommodate. That's what bothers me. Mayor Ferre: All right, any further discussion? Would you call the roll, please. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-367 A MOTION DIRECTING THE ADMINISTRATION TO PREPARE AN IN-DEPTH STUDY AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION ON POSSI- BLE MANDATORY REQUIREMENTS THAT ALL MEMBERS OF CITY OF MIAMI BOARDS AND COMMITTEES FIRST BE SELECTED ON THE AVAILABILITY AMONG CITY OF MIAMI RESIDENTS, CITIZENS WHO HAVE THEIR PRINCI- PAL PLACE OF BUSINESS WITHIN CITY LIMITS, OR CITIZENS WITH PROPERTY OWNERSHIP IN THE CITY; WITH THE PROVISO THAT, IF NOT, IT BE OPEN TO THE GENERAL PUBLIC, GIVING CONSIDERATION TO OTHER QUALIFIED INDIVIDUALS. 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. Mayor Ferre: And Father, I agree with your philosophy - what's sauce for the goose is sauce for the gander. Rev. Gibson: Amen. 16 'Mop 311978 REPORT ON HOUSING BOND PROGRAM FINANCING; DECLARING POLICY OF CITY COMMISSION REGARDING HOUSING BOND FUNDS, Mayor Ferret We're on Item "b", Housing Bond Program Financing, Mr, Fosmoen: At the last meeting when we brought to this Commission a recotn- mendation that we attempt to broaden the use of the Housing Bond Funds, you raised some questions about how the current bond program operates and '± asked At, Gunderson to take a few minutes to explain the impact of the current bond issue and those bonds that have been left on the tax rate and also what is hap- peeing with the interest on those bonds. Mr, Jame Gunderson: The memo that you have before you outlines briefly the impact of the passage of the $25,000,000 bond issue for housing. That issue was designed initially as support for revenue bonds to be issued by Dade County in Project Construction The amount that we were going to set aside and do under the agreements is the amount of the annual highest debt service for the revenue bonds that the County issues. We put up and add an amount equal in the reserve for that contingency to pay in the event that the amounts received from the in- come of the construction project are not sufficient to pay the debt service,on the revenue bonds. So the amount that we set aside is the highest annual debt service of any particular year for the County's revenue bonds. The trustee of that has now been designated tentatively as the Southeast First National Bank. Mr. Plummer: Who designated them? Mr. Gunderson: That is designated through the issuance of the bond issue and the trust indenture that goes along with the issuance of their revenue bonds. ✓ Mr. Plummer: Are you telling me we are wed to them, we cannot change it? Mr. Gunderson: We cannot change that, no. Mr. Plummer: That was in the bonds? Mr. Gunderson: That's in the trust indenture that is incorporated... Mr. Plummer: Who drew the trust indenture? Mr. Gunderson: That accompanies the issuance of the revenue bonds drawn by the Metropolitan Dade County's Bond Counsel. Mr. Plummer: With our money? Mr. Gunderson: Well, we have agreed to put the money in. r 4, Mr. Plummer: But we did not agree to any bond indenture, I have not approved it. Mr. Gunderson: No, you haven't agreed to the bond indenture as such, what you have agreed to is with a financial plan that incorporates by reference those materials. Mr. Plummer: No way, I'r;: sorry. I'm sorry. Mr. Fosmoen: Jim, correct me if I'm wrongibut this Commission passed a letter of understanding with Dade County that spells out, and this was two and a half years ago, that spells out the procedures by which these funds will be used. Mr. Plummer: Oh, agreed. The only problem I've got with this is that Southea t First Bank is going to administer them. Mr. Gunderson: Well, that is tentatively, the last meeting I attended was sev.ral months ago that they had this and they had not stated specifically but they ha made a tentative designat on it would be Southeast. Mr, Plummer; Who made tl it designation: Mr, Gunderson: Dade Coun':.y, Mr, Plummer: With our mo:iey? Mr, Fosmoen; We're only putting up, eir,,, Mr. Gunderson: We're just putting in the reserve amount. Mr. Posmoen : in a reserve Mr. Plummer: Mr. F osroen Mr. Plummer: A reserve amount, they're issuing the principal revenue bond, amount to... Sut without us they can't tango, right? And without them we can't tango, sir. Well, let me tell you something. I don't want to remind some peo. ple up here of some things but I'm sure willing to. Mayor Ferre: Tell it like it is, Plummer. Mr. Plummer: No, sir, I want to hear about it. As that illustrious man in the center chair says, if you want me to dance you've got to come ask me. Mr. rosmoen: This Commission was asked two and a half years ago. Mr. Plummer: No, sir, I never, there was nothing ever passed my desk up here with a name of a designated trustee... Mayor Ferre: What Plummer is worried about is that this has gone beyond the dancing stage and we haven't been asked. Mr. Plummer: .... I'll tell you later what I want to tell you. You damned right. Mayor Ferre: Well, why don't you keep on telling us what you're going to tell us and then we'll come back to this point. Mr. Gunderson: So that amount which is the amount that we set aside out of our bond issue, taking the most recent example and giving you approximations the 99 units that have been authorized to be constructed will amount to approximate- ly $220,000 that we will set aside in a reserve account to meet any contingency that arises out of default on the County Revenue Bonds. So in the event that that money as it sits there, the interest will be returned to us when they in- vest the funds, the trustee will invest those funds and in the event that no default occurs on the County bonds the interest will be returned to us. At the conclusion of the project, of course, the total amount of the reserve will be returned to us as well. Mr. Plummer: ... The point that I think was raised of fear at the last meet- ing when unfortunately you were not here was the question raised by Rose, and if you have addressed that problem you spoke over my head so you'll have to speak again in very small,lay terms. I think it was a real fear that was ex- pressed by Rose and that was in reference to debt service. Did, in fact, that moneys which will be provided through the bonds, is that debt service going to be charged to the City of Miami taxpayers and if so, how and also what portion of that would be picked up by Dade County and I think the (B) portion or maybe it was just in my mind, Rose didn't maybe ask this, what about the interest that is derived from that money is that going and where? In very plain language would you please answer those two again if you've already done such. Mr. Gunderson: Let's direct our attention to the interest. The interest earned on the reserves that we set aside, and I gave an example of the 99 units, we would be setting aside in the reserve approximately $220,000, that's an approxi- mation. The interest that would be earned on that $220,000 will be returned to the City to be paid on the outstanding bonds. The bonds that are issued, how- ever, the one million and a half 18 MAY 3119i8 „ a, go into out normal debt retirement structure which means that the annual ad valotett tax for debt service includes that amount to the extent to which you have added a billion and a half to that total you have increased your debt service requirements in your ad `valorem tax cotespond' ingly. Mt, Plummer: Following through, is the money restricted that is being derived from interest,being restricted to the point that it is going in to help ease the burden of the capital iinprovoinents? Mr, Gunderson: No, it's going in to be returned to us to pay off the debt service, Mayor Ferret It's a debt retirement? Mr, Gunderson: Yes. Mr, Plummer: You see, unfortunately, Mr. Gunderson, I find so many tithes and I'm not trying to open an old sore I'm ju;t talking the truth that monies that are derived from interest suddenl, happen to filter into another fund, they somehow get into the general fund or somewhere else, you know, and these are the things that are pitfalls in my estimation that I would try to avoid against, that it be a restricted type of monies that anything that is derived from interest be put back in to help ease that particular situation. Mr. Gunderson: I've made that very clear to that committee and that is the way that we designed that structure. Mayor Ferre: And, at this point, we have $220,000 into the kitty. Mr. Gunderson: We have a million and a half. Mayor Ferre: Oh! Mr. Gunderson: We have a million and a half of which approximately $220,000 will be used for the first group which is the 99 units. The other 400 units which you have as a financial agreement today will take an additional amount over an above that. We will probably not use the total one million and a half already issued. Mayor Ferre: Well, that's pretty good leveraging. If we can get 400 units per million that'll be pretty damn good leveraging if we could get that right through. That's terrific. Mr. Gunderson: You wanted me... Mayor Ferre: You follow me? In other words, if for $220,000 bucks we're going to get 99 units then let's say for a million dollars we would get 400 units and that means we would get 10,000 unit; for .... What? Mr. Plummer: No, it'll be 500 units Mr. Maycr, $200,000 represents 100 it would be 500 units. Mayor Ferre: Well, I'm just being a little generous, I'm multiplying it times four. Mr. Plummer: Don't be generous with my money. Mayor Ferre: We11, I hink, I'm being conset✓ative let me put it that way. Mr. Plummer; That's the first time. Mayor Ferre: Let me say that if you do that.let's say $250,000 times four is a million and you're getting a hundred say 4O units for twenty-five million that would be 10,000 units for our twenty -fit! million dollars, if we could do that that's really terrific leveraging. Mr, Fosmoen: If we had that many section 8 t:2its flowing into the community, Mayor Fer;.e: Yes. Well... Mr. Plummer; Mr, Mayor, I'm very concerned ibout that other point, Mr, Gunderson, 19 MAY 3119 how do I as a Cotitnissionef and what (notion do I pass at this table sir, that this Cottittion Must have an input into who is designated as trustee? Mr. Gunderson: Fine, I think if you directed the to convey that itifoir►ation to theta why 1 would I.... Mayor Ferre: Alright, Mr. Plummer moves.... Mr. Plummer: I fliove such sir, and if ... Mayor Ferre: Father Gibson seconds... Mr. Plummer: ... wait, excuse me, ... in writing and copy sent to this Commission including copies of Mr. Fosmoen: There will be a notification of Dade County. Mayor Ferre: Well, now Plummer, you're not, I know what you want to do, but excuse me, you're not going about it the right way. Mr. Plummer: Then tell me the right way. Mayor Ferre: What you're asking for now is for them to inform you. You don't want to be informed after it's done. Mr. Plummer: That's right. Mayor Ferre: ... I think what you're asking for is a voice in the decision. Mr. Plummer: Well, I'm expecting Mr. Gunderson to do it an hour ago. Mayor Ferre: Alright. Now, so I think your motion should read that this Commission advises Metropolitan Dade County,Little HUD that it expects to be involved in the decision making process, involving those funds including the aspects of where it is to be deposited. Mr. Plummer: Without question. And who the trustees are. Mayor Ferre: And who the trustees, etc. Is that the thrust? Mr. Plummer: That's the thrust. Mayor Ferre: Alright, further discussion on that? Mr. Plummer: You know what I'm doing? Mr. Gunderson: Yes. Mayor Ferre: Do you have any problems with that? Mr. Plummer: You among all people should know what I'm doing? Mr. Gunderson: I know. Mayor Ferre: Well, that's why I said Metropolitan Dade County. Rev. Gibson: Yes, because HUD doesn't really do it. Mayor Ferre: Well... Mr. Plummer: Notify them both, then there'll be no mistake. :Mayor Ferre: Further discussion. Call the roll, please. 20 MAY .311978 The following motion was introduced by Co nisS.i.ner Plummer, who moved its adoption: MOTION NO. ?84-568 A MOTION DECLARING THE POLICY OP THE CITY COMMISSION THAT THE ADMINISTRATION ADVISE METRO AND LITTLE HUD THAT CHE CITY COMMISSION EXPECTS TO BE INVOLVED IN CHE DECISION4.MAKING PROCESS CONCERNING THE USE OF HOUSING BOND FUNDS, IN THE DECISION AS TO WHER. THE FUNDS ARE TO BE DEPOSITED, AND IN THE SELE;TION OF THE TRUSTEE. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev, Gibson, Mrs. Gordon, and *Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Reboso. ON ROLL CALL: *Mayor Ferre: In view of the fact that we are responsible to the electorate of Miami, who were the ones who passed and who will be paying the increased taxes, I think it would be a shirking of responsibility and an abdication of our responsibility if we don't do this... Rev. Gibson: Right. Mayor Ferre: ... and I think it's just morally incumbent upon us to make our position very strong and that's why I vote with the motion. Rev. Gibson: Right, right, right. Mayor Ferre : ok. Rev. Gibson: Mr. Mayor, I want to make mention since we're talking about money and investment and security and interest and all that business. I saw a couple of articles and I heard one news cast the other day that frightened me. Mr. Fosmoen, sir, this isn't you, this is Mr. Fosmoen. Plummer, don't leave, stand right there. You all have heen negotiating for us recently with the Orange Bowl. You know, I was one of the guys you know, that sacred thing about you can't sell beer and whiskey you know. Now, I voted to sell beer. I made some stipulations and you all went along with those stipulations. I want to report a pronto because I'm scared Mc Mullins, is that his name? Is that the man in the news for Miami Herald? Is that the City Editor? Mayor Ferre: ... the Editor. Rev. Gibson: That's the Editor, oh, yes. Alright, Mc Mullins, wrote an editorial, did you all see that? Mr. Fosmoen: No, sir I did n)t. Rev. Gibson: You didn't. Man, you better go get it. Then, who was that Richard gave an editorial, you know what I mean? Mayor Ferre: I go out of my way not to read it. Rev. Gibson: And, what they said, ... Mr. Plummer: Father, that's chat you cal]'A Maurice Ferre public relations Rev. Gibson: Yes, what they ;aid was very interesting to me Mr. Fosmoen, and I'm shocked that you're not telling us today , that you are not bringing us up - re -date or keeping apprised with what's happening. Mayo: Ferre: You're talking about what I'm saying? Rev. Gibson: No, no, no! I'm talking about selling that beer in the Orange Bowl. Now, Trainer, we all know about that. I, you know, I ..., I am shocked beyond words. I want to report it now, because you know you questioned what was happening with Mr. Gunderson. Beautiful, we'll hear Mrs, Range, as long as we get right back on this, 21 MAY 311978 Mayor Ferte: Yes, we'll get right back on it after item,fl Et Rev. Gibson: Fine, fine. 8, STATUS RRT ON "AFRICAN SQUARE PARK Mayor Ferre: Take up Item PPE} Which.is a re fort on African ag11ate.pand then we'll come back to this subject. Alright? Rev. Gibson: Get your thing together. Mayor Ferre: Mr. Daughtrey, are you going to speak for the Administration? Tell us where we're at and then we'll hear from Mrs., Range, Mr. Plummer: This is the instant tree expert. Mayor Ferre: You're not the architect from New York, are you? Mr. Daughtrey: No, sir. I'll make my reports in two parts. The first part I'll let Mr. Henry Moon make which is related to the inspection on the park with the construction of the park, itself, Mr. Moon. Mr. Moon: I'm happy to report that we had a final inspection last Friday, the 26th of May,and that the Parks Department was furnished the keys and began operating the park on yesterday, Tuesday, the 30th. We have a punch list and Mr. Frazier, the local architecttwill inspect it and see if the work is completed. Mayor Ferre: Alright. Mr. Moon: Any questions? Mayor Ferre: Alright, Mr. Moon, thank you. Anything else? Mr. Plummer: Excuse me, I missed your presentation. Mayor Ferre: He said,that on Friday they finished the park and the keys were turned over to the Parks Department. Mr. Plummer: Mrs. Range, did they..? Mayor Ferre: Well, wait a minute, J.L, please, let them finish their report and then we'll get... Mrs. Range. Mr. Daughtrey: We have a punch list, which are a few minor things that we are not pleased with, prior to us authorizing the payment, the final payment we are going to make sure that these things are completed. Mayor Ferre: Alright. Mr. Daughtrey: The operational agreement on African Square Park in which we have with the Sixty Second Street Development Corporation. The positions that we had initially allocated, of course, were C.E.T.A. positions . We, as I explained to on last time,we had a freeze, nevertheless, we have made an arrangement such that four positions, the administrative positions would be immediately funded and those positions went on the job bank on Tuesday and we anticipate that those persons should be interviewed and hired by this Thursday. The recreational operation of the park is presently being manned by staff from the City's Parks and Recreation Department. As soon as we are able to acquire the additional positions through attrition we will be able to give the Sixty Second Street Development Corporation the other positions. In order to get a position we have to have a termination slip that we show the Consortium in exchange we can get the other positions. Mayor Ferre: Alright. Thank you. Mrs. Range? Mrs, Range: Thank you very much, Mr, Mayor, Commissioners, My name is Athalie Range, In regards to what has been said about the park, I agree in part, I do not agree however, that there are a few items still to be completed, i think if you were to ask Mr. Daughtrey or to take the time, 0110 1 will not 22 MAY 311979 expect you to do at this moment. But I would certainly want you, each of you to be aware that there are numerous things, some of them rather important to be completed and it's going to take some time unless someone is on it continuouslyand let the give you just one example. Throughout the months that the lighting has been in the park it was the contention of the Sixty Second Street C+D.C, that there was not enough lighting, but it was pointed out to me just the other day by the architect that the lighting, itself is sufficient. However, the lights have been placed in a downward position and the contractors have been advised over and over again to spread the lights in order that it would cover the park. Now, I'm told that the lighting, the power, the number of lights, and everything is sufficient,but the park is not being lighted because all of the lights point directly down and even though they have been told a number of times to correct this, it's going to take somebody on an extensively high ladder to get up there and adjust it. And, the problem here is lady and gentlemen of the Commission, the problem here is, that at night large, large areas of the park are in almost complete darkness. I think this is important. I think the fact that the lights have been there more than six months and have not been adjusted is an important item. I think that it needs to be done immediately. This is one of about twenty-five, if I were to be correct, I think ,of items. that need to be done before the park is accepted. I don't mean to touch-up on paint and things like this. Things like the lighting. A part of the drainage is bad and that's rather major, I think. The other thing that I noted was that on the drawings for the logo, for the identification of African Square Park, that was left completely unattended to. There is nothing that says to us that this is African Square Park in writing. It's only those of us who know that this is African Square Park. There is absolutely no identification of lettering. The other thing is,and this was brought to your attention just a few, probably in one of the latter meetings that I attended here since you were kind enough to have us every two weeks and that is, that the traffic across Sixty Second Street, where the yourgsters come from the Government Project to play, I don't know whether anything has been done to get a walk Light there for them now that the park is o{ened officially as I understand, I think that it is most important that this not be put off. Now, as Ear as.... Mayor Ferre: You're talking about.... Mrs. Range: Yes, a walk light. As far as tha hiring... Mr. Plummer: Athalie, didn't we pass a Resolution here asking the Clerk to send to Metropolitan Dade County.... Mr. Fosmoen: Yes, you did. Mr. Plummer: ... a letter of. request? Mr. Fosmoen: .., and Mr. Grimm tells me that there will be pedestrian activated lights at each end of the park. Mr. Plummer: Well, that's what she wants. Mrs. Range: Very well. Well, that's what I have referenced to because that is exceedingly important. Mrs. Gordon: Any timetable then? Anybody c<an tell us when it'll go in? Mr. Grimm: Not exactly Mrs. Gordon, but the pedestrian signals as well as the other traffic signals will be installed in c.'njunction with the building of the highway and I just am not up-to-date enoug'i to tell you what status that's in. But ... Mrs. Gordon: Well, could ycu check into tha:, because that could mean a year or so down the road? Mr. Grimm: It probably would be a year. Mrs. Gordon: And, what we reed it is now because some kids could get killed in the meantime, so we don't need that. Mrs, Range: Yes, that's a very unfortunate circumstance. Mrs, Gordon: Would you push that along Grin m, please? Mr, Grimm; Well, I'll try. Dut as you knot. Mrs. Gordon, 23 the City doesn't MAY 31197 lOOMISMIM control the installation of traffic signals. Mrs. Gordon: I know, but we can pressure them enough. that theell put it in ahead of time. Mayor Ferret Alright, Mrs. Range: And, if the. City has no serious objections then those of us. who are directly concerned, I mean, those of us. who are in command of the park will say to the County that we need something there immediately because daily,cars are skidding to keep from hitting youngsters who are 5 to 6 years' old. Mayor Ferre: You have our total backing on it. Mrs. Range: Sir? Mayor Ferre: You have our total backing on that, Mrs. Range. Mrs. Range: Very good, we will certainly attempt to go to the County with that. Mayor Ferret Alright. Mrs. Range: Now, the only other thing that I would mention to you at this point. I'm not quite completely cognizant of the method of hiring that is being used now. I realize that there is a freeze on the funds asfar as, C.E.T.A. is concerned and I am told that presently the park is going to be operated strictly by City employees. I would like to know if at this point Mr. Daughtrey, was saying to me that the positions have now gone into the bank, whatever that is, and I would like to know if thismeans that now that the positions are in the bank, now that our people have qualified. I'm speaking of the four top positions that was mentioned a week ago, whether these people are going to be put on the payroll at this point or not? Mr. Daughtrey: Yes, ma'am, that's correct. As I stated the four positions, the Administrative positions went on the job bank yesterday. The law requires that the first 48 hours that only veterans can be employed and thereafterwards, anyone else can be employed and that's where we are today. Mrs. Range: I see. Very well, sir. I have nothing more to say. Mayor Ferre: Alright, Mrs. Range. Thank you and thank God that we have a person in this community with your interest and your perseverance... Mrs. Range: Well, thank you very much. Mayor Ferre: ... fortitude and optimism that pursues matters to their normal conclusion. 9. PERSONAL APPEARANCE OF ATHALIE RANGE REQUESTING USE OF PORTION OF EDISON CENTER PARK, JULY 4, 1978. Mrs. Range: Thank you very much Mayor. I wonder if I might impose upon you for just one minute more. Mayor Ferre: No, you're never an imposition. Go ahead. Mrs. Range: A week _ ago, one of the larger fish markets in our area, the Bottom Dollar Fish Market, came to be and asked me if I would be a spokesman to comment at the Commission, if on the 4th of July, if they might be allowed to sponsor a day of fun and refreshments for the children in the Edison Center area, that is in the use of a portion of the Edison Center Park for the purpose of serving refreshments and having games there and they of course, will comply with... Mayor Ferre: I'm sure the City of Miami would welcome something like that, so I... Mr. Fosmoen, I'm sure I speak for the City on that... Mr, Fosmoen: Sure, 24 Wrfl Imo',: MAY 311978. Mayor Ferre.; ... that we would all welcome that type of.., we wishwe could get mote co Yfercial outfits. to do that type of ..:. , Mrs. Range: What will he the necessity? What will be necessary for them? Mayor 1?erre; Would you assign somebody to that Mr. Fosinoett? Mr. Fosinoeh: Yes. Mayor Verret Alright, Mrs. Range, thank you very touch, Mrs. Range: Thank you for heating me. 10. REQUEST STUDY OF SIGNS AND GRAPHICS FOR CITY -OWNED PROPERTY; ENCOURAGE BUSINESSES TO UPGRADE THEIR GRAPHICS. Mayor Ferre: Father, before we get onto your subject ahout about Beer in the Orange. Bowl. Mrs. Range, touched on something which has been a concern to me for many years, Mr. Fosmoen and that is the question of signs all over the City, graphics. For example, I noticed in the auditorium that we have at Bayfront Park, the graphics there are just horrible, you know, they were good 20 years ago with the bright orange and letters that are hard to read and that kind of stuff, but I really think that we should make a conscientious effort to try to upgrade the graphics of the City of Miami. Now, I know this is not Switzerland or Italy or Israel or places where they're very conscious of that type of a thing, but you know, we also, it reflects on the quality of the community and how we perceive ourselves. And, I really think that we should request the Administration formally to make... I think we can do it inhouse, perhaps you might want to get somebody in town who's good at that kind of stuff. I'm talking about modern. Mr. Fosmoen: I understand. Mayor Ferre: Ok. To see if we could really do a job. of improving our graphics. We have, everytime I go out of the City and I go to resort areas, especially in Europe, you know where they have such a fantastic sense of graphics. I think we ought to try to do seething to that. So, I'd like to make it in the form of a motion. (iuld you do that? Rev. Gibson: Sure. I make tl . motion. Mrs. Gordon: I'll second it. Mayor Ferre: Alright. A mot>>n that the Administration be requested to come back with a specific recommendation as to how we go about improving our graphics. Mr. Plummer: You're speaking of all graphics. Mayor Ferre: All graphics. Mr. Plummer: Would that include a subject which was under discussion this morning like traffic signal boxes that are springing up everywhere? Mayor Ferre: Yes. Mr. Plummer: That would include that? Mayor Ferre: I think the visual, not only the City of Miami signs and perhar. it might even go for example in trying to get some of our people, commercial people to upgrade signs, for exampe, I don't mean pick Wometco out as a specific thing but,you know,that shark runnirg around in a circle has been there for 15 years,you know, served its puriose for 15 years but maybe it's time for us to get something a little bit ni,er looking, you know I noticed that they're putting up a nice... Mr, Fosmoen: There is 4 new sign. Mayor Ferre: Huh? Mr, Fosmoen: There is a new •ign going up a. the Rickenbacker, 25 MA' 311978 Mr. Plummer: It's there, Have you tried to read it? Can't. Mayor Ferre: gut Ism talking about that shark. that keeps going in a ci.fdle all the time. And; there might... excuse me, my regards to the Colonels but... Mr, Plummer: It'll be in your front yard tomorrow morning, Mayor Ferre: .,. you know there might be other things like that when we can get our friendly good corporate citizens to upgrade the. graphics,.. Mr. Plummer: Well, Mr. Mayor, what you might also do,this is. something I was.diacussing with an individual this morning. You know, whether you agree or you disagree I think it was quite unique that during the Bicentennial that they went around and painted all the fire plugs, red, white and blue, you know it was something different. And I think that Mr. Mayor, you could probably encourage local citizen participation in some of these things in their particular neighborhoods, like I know of one individual who would love to have the opportunity of decorating in a nice way, the traffic control box in their particular neighborhood because as it stands there now it's a sore thumb and I think you could encourage this kind of thing by local participa- tion, without question. Mr. Fosmoen: A couple of comments, Mt. Mayor and I certainly agree with what you're saying and we'll proceed to take a look at the graphic systems. And, you know that the sign system that was put into Bicentennial Park was suggested as a standard for all of the city parks and all of the directional signs in Bicentennial have been suggested as a city standard. I think you'll be pleased, in probably a month or so, to see :he signage system that'll be going into the Brickell Wainwright Park. Yci know that we have a firm under contract coming up with a set of distinctive signa for that. We're also attempting in areas like 8th Street and Downtown Coconut Grove, Sixty Second Street, to come up with distinctive identifying signsand distinctive signage systems on those streets so that each of those streets has its own character rather than having some uniform system applied throughout the city, only for your information. So we'll proceed with this issue on graphics in city facilities. Mayor Ferre: ... Ok. Would you call the roll? The following motion was introduced by Commissioner (Rev.) Gibson, who moved its adoption: MOTION NO. 78-369 A MOTION DIRECTING THE ADMINISTRATION TO MAKE AN IN DEPTH STUDY CONCERNING GRAPHS AND SIGNS FOR CITY -OWNED PROPERTY INCLUDING RECOMMENDATIONS TO ENCOURAGE LOCAL BUSINESS INTERESTS TO UPGRADE THEIR GRAPHIC SYSTEMS. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Rehoso Mayor Maurice A. Ferre NOES: None. 26 MAY 3119? 11. DISCUSSION ITEM - CONSTRUCTION OF P . O . D . S . INTERFERRING WITH BIKE PATH IN WAINURIGHT PARK. Mr. Plummer: Mr. Fosmoen, who's doing Wainw.tight Park? Mr. Fosmoen: What part of it; sir? Mr. Plummer: Well, I assume there is one contractor: Mr. Fosmoen: Well, there is a contract out for a design of an informational system to go into the park but... Mr. Plummer: No, I'm talking Lhout their redoing the park. Mr. Fosmoen: The pavilions ant the ... Vince, do you know? Mr. Plummer: I want somebody to come here to this Commission... Father, listen to this, you all don't think I use that bike path. Ferre can't use it because he gets run over all the time, ok? But if anybody can come before this Commission and justify to me why landscaping for Wainwright Park had to he put in the middle of the bicycle path? Now, I'll settle for a paper, ok, telling me why. But, Mr. Mayor, what they've done they got a bicycle path that was beautiful running along Brickell extension. Now, they've come out with pods for landscaping in the middle of the bicycle path. Mr. Howard: That bicycle path will be changed. It is going to go through the park down to the park alot5 the Bay and then come back out to Ricken`iacker Causeway. Mr. Plummer: Did it ever occur to you Mr. Howard that you would do that first and then put the pods out in the middle? Mr. Howard: Well, the path now as it goes in front of the park goes back out to the street while the work is going on and go down the street to Rickenhacker. Mr. Plummer: Mr. Howard, I defy you or anybody else to ride a bicycle t:hrouFh your so-calle&' path in the park. Mr. Howard: Well, I'll look at it and we'll make sure you get through on your bicycle. Mr. Plummer: You know, just for the. life of me I can't understand how those things occur. Mayor Ferre: Alright, anything else on that? 12. STATUS REPORT: PROPOSED CONTRACT FOR SALE OF BEER Its THE ORANGE BOWL. Mayor Ferre: Alright, Father m the question of... Rev. Gibson: Yes, sir! I sa; that editorial and I saw, heard that editorial about the Ora:Ile Bowl and all chat, you know? I want you to explain to us this morning. Mr. Fosmoen: Mr, Mayor, Cotnmi isioners, I've had one meeting with Joe Robbie .': thc' issue of beer in the Or Inge Bowl and also a discussion about a score- board in the .range Bowl. Bedind that,1 have had no direct contact with Mr. Robbie. :'ve talked with ,ne of his assistants. It is my position that that item should come up to this Commission when Mr. Grassie is back in town, that'll he Friday when he come; back. I simply did not have enough background information to negotiate a f in i] contract for beer in the Orange Bowl. Rev. Gibson: Well, 1 just want to make my position crystal clear before he gets back her,. I warned you all, I'm going to end up being a prophet. Mayor Terre: You and Plummer? 27 MEMIWIE • MAY 311978 Rev. Gibson: Yes, aireel Plummet and I were together and you know, You Mayor Ferre: We have an hour between now and lunch. and I would hope that we could get through an awful lot of these things and then cut dowi:,I'm sure we'd all like to have a free afternoon. Rev. Gibson: Ok. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mayor Ferre: I think he's already said it, Mrs. Father, I understood you to... Rev. Gibson: No, I wanted to hear, but I understand from Mr. Fosmoen, that he had only one meeting and that he's on guard as to where. I am and what I'm inquiring about and I want to wait until the Manager co3tea back, so that, I want to take the monkey off your back. Mayor Ferre: Alright, sir. Rev. Gibson: You understand? Mr. Fosmoen: I don't mind the monkey. Rev. Gibson: I want to be ... sir? Mr. Fosmoen: I don't mind the monkey on the back. I just didn't feel comfortable enough with that issue... Rev. Gibson: Yes. Well, that's because you don't want the monkey on your back and that's what I want to relieve you of. 13. AMEND SECTIONS 2 & 5, 8731 TO COVER INCREASED COSTS OF TELEPHONE SERVICE. Mayor Ferre: Alright. We're now on item 4#5 on Second Reading, is there any problems with that? If not, Mr. Plummer, you want to move it? Mr. Plummer: Item 5? No, I have no problems... Mayor Ferre: Mr. Plummer moves. Rev. Gibson: Second. Mayor Ferre: Father Gibson seconds. Further discussion on the item. Read the ordinance, please. (AT THIS POINT CITY ATTORNEY READS ORDINANCE INTO THE RECORD). Mr. Plummer: For the record Mr. Mayor, I want to say that I move this motion because we have no alternative, it was a thing that we had to just ratify. Once again,' want to put on the record,that I think the City should take a second look at 911, it is going to be a tremendously expensive thing which is no longer now mandated by the State. But yet, this City is faced with 437% increase in two years. I once again caution this Commission to please take a second look at 911. Rev. Gibson: Uh, huh. Mayor Ferre: I think when.the Manager gets back that it might be appropriate for him to come back and report to the Commission about any further thoughts on 911 and bring it back for discussion as Commissioner Plummer has requested. In the meantime, are we ready to vote on this? Mr, Plummer: We have no choice. Mayor Ferre: Call the roll, 28 MAY 311918 AN'ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTIONS 2 AND 5 OP QRDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE INTRAGOVERNMENTAL SERVICE FUND COMPUTERS AND COMMUNICATIONS DEPARTMENT IN AN AMOUNT OF $52,093, TO BE DERIVED FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, AS FOLLOWS: ENVIRONMENTAL PROTECTION $10,000, CONTINGENT FUND $38,896, AND SEVERANCE PAY - $3,247, TO COVER THE INCREASED COST OF TELEPHONE SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, Passed on its first reading by title at the meeting of May l9tht it was taken up for its second and final reading by title and adoption. 0n motion of Commissioner Plummer, seconded by Commissioner (Rev.) Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8805. 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. 14. AMEND RULE XII, SECTION 4, CIVIL SERVICE RULES AND REGULATIONS -FIRE LIEUTENANT PROMOTIONAL EXAMINATIONS. Mayor Ferre: Plummer, you move lib? Mr. Plummer: Yes. Mayor Ferre: Reboso seconds. Further discussion. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING RULE XII, SECTION 4, OF THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE DECEMBER 15, 1961,. AS AMENDED, AS CONTAINED IN ORDINANCE NO. 6945, AS AMENDED, BY REDUCING THE TIME -IN -GRADE REQUIREMENTS FOR FIRE FIGHTERS TO BE ELIGIBLE TO TAKE THE FIRE LIEUTENANT PROMOTIONAL EXAMINATIONS FROM 5 YEARS TO 4 YEARS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 19th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Reboso, the ordinance was thereupon, given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None, 29 SAID ORDINANCE WAS OESIGNLI.J O`ZDINAi The City Attorney read the ordinance into the. public tecptd acid announced that copies vere available to the members of the City Commission and to the public. 1S . AMEND SECTION I, fi ; 19 "STRESS CONTROL TRAINING COURSES FOR POLICE Nc CE: S IN REGION 14". Mayor Ferre; We're now. on item #10. Mr. Plummer: Where is the money coming from? Mayor Ferre: Where is ;:he 530.,000 coming from is the. question? Mr. Fosmoen: State funding. Mayor Ferre: State funding? Mrs. Gordon; I'll move. Mr. Plummer: Our. perLir ? Mr. Fosmoen: It's nothing, our. portion. Mr. Plummer: Well. that isn't the way r read it. Mayor Ferre: Alright., you tiv.aat to elaborate? Mr. Plummer; It was indicated 7.J me that we would pay $30.,QO.0 and the State $30., 000. Lt. Harrison: Mr. fiuinner, :if I right,resources of $30.,QQ0 from the State which comes in and then you will appropriate that. Mr. Fosmoen: And then it eor_-s right back out. Mr. Plummer: In other xor&., c.•e're not out of any dollars citywide? Lt. Harrison: It ill r.,t cust the city anything. Mr. Plummer: A great program. Mrs. Gordon: If the State pays it, I'll move it. Mr. Plummer: Fine, seconded. Mr. Knox: Shall I read it; Mr. Mayor? Mr. Plummer; Why not? Mayor Ferre: Alright, this is on item 1Q? Rev. Gibson: Yes. Mr. Fosmoen: Yes. Mayor Ferre; Alright. Call the roll. 36. MAY 311978 AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO6 8719, ADOPTED OCTOBER 26., 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED, "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $30,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon, and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. 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. 16. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 1 OF 8719 "FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM". Mayor Ferre: Item 11, First and Second Reading. Mrs. Gordon: Move. Mayor Ferre: Moved by Mrs. Gordon. Is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Father Gibson. Further discussion. Read the ordinance. Mayor Ferre: Alright. Further discussion. Call the roll on first reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRI- ATIONS ORDINANCE, BY ESTABISHING A NEW TRUST AND AGENCY FUND; ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT (FOURTH YEAR); AND APPROPRIATING $10,065,000 FOR THE EXECUTION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gordon and seconded by Commissioner (Rev.) Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission. AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 31 Whereupon the CotvtisSion oh motion of Commissioner Gordon, and seconded by Cofnmiss3oner (Red►..) Gibaoni adopted said ordinance by the following Vote: AYES: Commissioner Rose Gordon *Coflmissioner J. L. Plummer, Jr. Vice Mayor Manoio Rehoso Comnmisaioner (Rev.) Thuodore R. Gibson Mayor Maurice A. Fevre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8803, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the. City Commission and copies were available to the public. ON SECOND ROLL CALL; *Mr. Plummer: I have problems with the second roll call and only because of the fact we've always had that 30 day period in which1 if some citizen wanted to come forth and voice a concern and that we're not giving the opportunity here for today. I'm concerned about that. Mrs. Gordon: Isn't there a 30 day period anyway? Mr. Knox: Yes. The ordinance will not become effective for 3Q days, but the citizens would have to use the referendum procedure in order to ... Mr. Plummer: And, I have concern about that, I really do.. Mayor Ferre: Is there any reason why i.t shouldn't be just first reading? Mr. Knox: No, except that Management and Budget indicated that time was of the essence. It's not an emergency matter but they Mould save approximately two weeks by this procedure. Mr. Fosmoen: Excuse me, it will delay funding on all of the Social Service Programs that are funded through C.D. Mayor Ferre: Let's go, call the roll. Mr. Plummer: Well, ok. If I do nothing more than voice my objection... Mayor Ferre: Ok. Mr. Plummer: I want to put it on the record because I don't think that this Commission should be put in a bad light because of a departmental lack of timing and that's what's exactly occurring here so I'm just putting it on the record that I don't like this procedure. Mayor Ferre: Call the roll. Mr. Ongie: Do you vote yes, Mr. Plummer? Mr. Plummer: I have no choice but to vote yes. 17. DEFERRAL OF CONSIDERATION OF AGREEMENT TO ACCEPT 18 GOLF TEE CONSOLES. Mayor Ferre; Alright. Tale up item 12. A Resolution authorizing the Manager to enter into agreement for the acceptance of eighteen golf tee consoles for each of the City's Melreese Golf Course and City of Miami Country Club for a period of three years from National Golf Media, Inc. City Manager recommends. Mr, Plummer: Mr. Mayor, I move that this motion be denied. Let me tell you why. This proposal, Eddie Gong makes a statement,"there ain't no free lunches," Now, this City is at the present time and I voted for and will sponsor to do such,that the City prohibit bus, benches with advertising in residential areas, which then the City is going to be forced to go into the bus bench business to provide that service for people in the residential areas, It's going to be expensive, ok, where we've been getting it freein the past and we now and had an income from all of that income is going to be eaten up and the City is going to put free hus benches where they existed before without advertising. I can't argue the point as long as this service is given to the citizens, But Mr. Mayor, what this thing here proposes to do is to put advertis.ing,regardless of whether or not it's in good taste or not we're going to put advertising on our golf courses., Mrs. Gordon: Oh, no. Mr. Plummer: Very simply, what 1 say to you is if this situation is good and needed for our golf courses let's stand up and do it the right way or don't do it at all, Mayor Ferre: Mr. Howard? Mr. Howard: Well, this really... Mr. Plummer: Excuse me, Mr. Howard is out of place., I have a motion on the floor either it gets a second or it dies. Mayor Ferre; Well, it might ge•: a second if you let Mr. Howard... Mrs, Gordon: I'll second it. Mayor Ferre: Alright, there is a second. Mr. Howard? Mr. Howard: These tee consoles basically are nothing new. It's not an innovation they're bring used at other golf courses. The advertising is no larger than a softball that goes in the middle of the console. It does about five things for golfer, it cleans his spikes as a trash receptacle, it cleans his ball, there's a towel there for his clubs. It's almost a complet, console unit. One at each hole, if we don't do it it's going to cost us about $140.00 to $180.00 to replace what we have now. Mayor Ferre: You mean per console? Mr. Howard; Yes. And, if we would, this console itself is worth more than what we vou1d put it. Our console would be strictly a ball washer and a towel. This has everything on it. It's very attractive, It's done in good taste. If it's not in good taste we won't accept it. If we're looking for advertising such as a bank or ... But it's done in other golf courses. Mayor Ferre: How big is the advertising? Mr. Howard: About the s.ize of a softball. It's in the middle of the console. And where you wash your ball you very rarely even see it. Mayor Ferre: Do you recommend this Al? Mr. Howard: Yes I do. Mayor Ferre: And, I assume that Mr. Fosmoen the Administration has looked into it and... Mr. Fosmoen: Yes. Mayor Ferre; Alright. Further discussion? Mrs. Gordon; On discussion, I think we ought to see what this looks like before we vote for it and if this motion be to defer I would go along on that. Mr. Fosmoen: We'll bring one in if you want. It'll take a few weeks. Mayor Ferre; Isn't this it right here? 3 MAY 311978 Mr. Howard: That's it, but I'll have to go to the company to get an actual Console.., Mayor Terre: Well, I've got news for you that's dote than a softball. Mrs. Gordon: That looks like more than a softball. Mr. Howard: No, the one we're having is right it tie fiddle of the ball washer. Mts. Gordon: You mean it's not like the one we hart( on the picture? Mr. Howard: No. Mrs, Gordon: Well, ... Mr. Plummer: Softballs grow into basketballs, basketballs grow into watermelons. Mr. Fosmoen: Would you like us to bring one in? Mrs. Gordon: I think I'd go along on looking at it. I still have an aversion to making mini -billboards things for golf :ourses. Mr. Plummer: So you do it. Mayor Ferre: Alright the motion is to defer, is it then? Do you want a substitute motion? Mrs. Gordon: I'll defer it so they can bring one in. Mayor Ferre: Motion to defer. Mr. Plummer: I can sense the Commission. Mayor Ferre: Well, you don't actually need a motion then. We'll just take up item 12, or do you need a motion to defer? Mr. Fosmoen: It's going to be several weeks before we can get one of these Mayor Ferre: You want a motion to defer? Mr. Fosmoen: Yes. Mayor Ferre: There is a motion to defer by Mrs. Gordon. Seconded by Plummer. Further discussion. Call the roll. THEREUPON THE FOREGOING MOTION TO DETER ITEM NO. 12, was introduced by Commissioner Gordon, and seconded by Commissioner Plummer, and was pas:+ed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. 34 f• MAY 311979 18. QUIT CLAIM DEED z N.V. 11th STREET' ROAD, HIGHLAND ROAD AND N , t1. 14TH TERRACE. Mayor Fetret ltet 13, ,,, Manager recommend:;, seconded by Plummer. Further dtscussion. Call The following resolution was introduced by Who moved its adoption! Moved by Gibson, tits toile Commissioner (Rev,)Gibson; RESOLUTION NO. 78-370 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO EXEC1TE A QUIT CLAIM DEED FOR THE PROPERT' AT N.W. 11TH STREET ROAD APPROXIMATELY 280 FEET NOITHWEST OF N.W. 14TH STREET AND OF HIGHLAND ROAD APPROXIMATELY 101 FE:T OF N.W. 14TH TERRACE WHICH PROPERTY WAS ABANDCQED, VACATED AND DISCONTINUED FOR PUBLIC USE BY RESOLU7E0N NO. 76-292 ON MARCH 25, 1976, IN AC(:ORDANCE WITH CENTATIVE PLAT NO. 935-A BISCAYNE CI"IC CENTER PL/LA. (Here follows body of resolution, omitted here and on file in the Office of the pity Clerk). Upon being seconded by Commissioner Plummer, and adopted by the following vote: AYES: Commissioner J. L. Plummer, J7. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. C.bson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. the resolution was passed 19. PLAT ACCEPTANCE - BETTY'S ISLA: ) - DEFERRED. Mayor Ferre: On South River Drive, Betty's Isla id, Plat Commitee Mr. Plummer: Move. Rev. Gibson: Second. Mayor Ferre: Moved by Plume] Seconded b' Gibson. Mrs. Gordon: I want to make statement be have a very strong objection 1) putting pla they belong on the Zoning ageiJa and I beli neighborhoods in a very seriots way. Mayor Ferre: Alright. Mrs. Gordon: I would defer ttis to the Zon Mayor Ferre: Alright. Mrs. Gordon moves s' deferred to the Zoning agenda Do you hay Mr. Fosmoen: Yes. Mrs, Gordon; And, all plats le placed on Mr. Fosmoen: The objection tlat I have is This Is done because people git their fins get on our Zoning agenda they lay have to come in, they go throulh the 1 tt Committe recommends. ore we move on these plats. I s on a regular agenda. I think •ve they do because they affect ng agenda meeting of the 22nd. 'stitute motion that this item be any objections to that? lose agendas, to ti:e policy that's being proposed, cing arranged very frequent.ly,to eit 'Aio months, You know, they ev•:rything is approved b/ the Flat MAY 31197i Coimnittee, it cotes to this Commission everything is, in accordance withthe ordinances, But then they're looking at a potentially two -month delay before they can get action on a plat. Mrs, Gordon: But, Mr. Fosmoen, you know that this Commission has�gone.on ��.. record at least at asking ,the Administration°°t000invest�i�gate. the;tior'dinances: b+"; that exist in °communities osuch °as : ;C 9 a l s,'�h, camt e ,:, e'' ° oral ,G b e :about re's'Eric�tons on s •:+ 5 <°, 4°^h � i, 5r `;f( c �^ �. �°. .• ?,a .... .. C�hSi arep°latting 'pla'tt'ed•: lots. Im not. �sa in thaf this one' in particularli°^=``°° '. Y� g�° is °e�,� 'one .of'•.those but I will` also' say that' I have asked at numerous times to receive backup material of the plat and there is no backup material in my agenda on any of these plats that are being considered here today so I would move for this deferment. Mr. Fosmoen: Fine. Mayor Ferre: There is a motion that item 14 be deferred. Is there further discussion? Is there a second on it? Does somebody want to second that? Father Gibson seconds. Further discussion. Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-371 A MOTION TO DEFER ACCEPTANCE OF PLAT ENTITLED "BETTY'S ISLAND" ON N.W. SOUTH RIVER DRIVE AND N.W. 17 AVENUE TO THE CITY COMMISSION MEETING ON PLANNING AND ZONING MATTERS SCHEDULED FOR JUNE 22, 1978. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote; AYES: *Mrs. Gordon, Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: *Mr. Plummer. ABSENT: None. ON ROLL CALL: *Mr. Plummer: On item 14, alone? Mayor Ferre: Yes. Mrs. Gordon: It's not only 14, it's going to be ... I'm going to move the same way for all plats until this Commission is not asked to be a rubber stamp for a committee. I object. Here's what I have for backup material to a plat request. Is there anybody think you can make out of this, tell me what they can make out of it? Mayor Ferre: Alright, is there further discussion on this item? Call the roll, please. Mr. Ongie: Mr. Plummer, how do you vote, no? Mr. Plummer: I would vote 'no' on item 14 alone. I would want to entertain more discussion on whether it belongs to plats in general on these agendas or on the Zoning agenda. 36 MAY 311978 RENTAL 1 R5' I'O t BAY RONT PARK `AUDITORIUM;,. Mt ELKS LOGE #948 ANNUAL CHRIST IAS CHARITY BALL. Mayor Verret Item 16. ... Mr. Plummer moves. Rev. Gibson: Second. Mayor Ferret Seconded by Gibson. Further discussion.... Mr. Plummer: Wait, wait a minute, Mr. Mayors just for the record so that there is no hidden thing here. Isit proper that I as. a past Exhaulted Ruler of that Elks Lodge... Mayor Ferre: Well, we'll forgive you for that. Mr. Plummer: Well, I mean should I abstain? Rev. Gibson: We'll pray for you don't worry. Mr. Plummer: Mr. Knox? Mr. Knox: Unless in your own personal opinion your vote would not be an objective and enlightening vote there is no need for you to.,. Mayor Ferre: Are you going to make money on this? Mrs. Gordon: You don't get any financial gain. Rev. Gibson: You don't get nothing out this. Mr. Plummer: Please,I'm merely putting it on the record. Rev. Gibson: I understand. Mr. Plummer: Ok. Mayor Ferre: Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-372 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON DECEMBER 9, 1978, FOR THE ANNUAL CHRISTMAS CHARITY BALL, SPONSORED BY MIAMI ELKS LODGE ##948, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY, AND PROVIDING THAT THE SAID SPONSOR SUBMIT TO THE CITY MANAGER, WITHIN 30 DAYS FROM THE DATE OF SUCH FACILITY USE, A DETAILED ACCOUNTING OF GROSS FUNDS RECEIVED BY IT BY WAY OF FACILITY ADMISSION FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID EVENT, TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT OF THE SUMS DISBURSED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: AYES: *Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon *Mayor Maurice A. Ferre NOES; None. 37 MMMMEIM RO I ALL Mr. Plummer: Based upoi the'. ipin Said nothing. I vote yes, Mayor Ferre: I'm all for the Grand Exhaulted Ruler... Mr. Plummer: Of the Water Buffaloes, Mayor Ferret .., of the Water Buffaloes. I vote yes, 17 el,, ustrious Ci't Atothey'tatio 21. CLAIM SETTLEMENT - JESUS & MARIA ELENA CASTILLO. Mayor Ferret Ok. Take up item 17,... the City Attorney recommends. there a motion? Mr. Plummer: What number is that 17? Mayor Ferre: 16. Rev. Gibson: No. Mayor Ferre: I'm sorry 17, beg your pardon. Rev. Gibson: I move. Mayor Ferre: Alright. Moved by Gibson. Is there a second? Mr. Plummer: You know, Mr. Mayor I only have a problem here and let me tell you what my problem is. If you have read the backup on this thing, boy, I am petrified of a precedent being set here. Because this in my estimation that whatever the City does there is no way that you're going to able to protect yourself. This is in reference to as I read it an open manhole cover basically, and that means that, you know, how can the City win, if we've got to be responsible everytime?And,I do feel from what I've read that in fact, the contractors have some responsibility here. I am just feared of establishing a precedent that you're going to get a rash of these things. Mr. Knox: I can point out in this particular case the contractor was a co-defendant with the City of Miami but they were dismissed from the lawsuit so that the only party involved now is the City of Miami. Mr. Plummer: Yes. But,did you appeal that allowing them to get out scot free? Mr. Knox: No, we didn't appeal that portion of it. Mr. Plummer: See, I'm just... you know, I made a joke here two years ago that this City shouldn't be worried about no fault insurance but no fault sidewalks. And if you will recall, we had a rash of people down here filing claims because somebody stumbled on a sidewalk. Now, I'll guarantee you there ain't a sidewalk in this City that I can't walk down and find a place to stumble on and file a suit against this City. You know, maybe I'm just expressing a fear, maybe there's nothing we can do about it. But I'm scared of the precedent that if this one is a winner that we're going to have the filing of $27 suits against this City that are going to be unreal. George, speak to it. Mr. Knox: Again, this was a situation where it was a construction project and the project had been completed by the contractors and that was the basis upon which they got out of the lawsuit. Now we do have a number of cases, and as a matter of fact, we have had substantial success where we had co- defendants and the City of Miami either had no liability or a minimized lia- bility. At the last Commission Meeting there was a verdict against the City of Miami and others in the amount of $85,000. The contractor had to pay $76,000 and the City of Miami was required to pay $9,000. So in those cases where there is another defendant we have had success. Now there is a po- tential for a great deal of liability knowing what we all know about juries and how generous juries are here in Dade County and in this case we are the only defendants now in the case and there is a question that the con, - tract had been completed, there was an open manhole cover, there was an 38 Maj ERNE MEF EMA r MINOMPW MAY 3119fi accident and it is very difficult to conceive that the City may not be held lia ble in this case and if they and held liable the damages could far exceed $10,500. Mr. Plummer: What you're saying then for the record is you feel the City's psi,. tion is not good. Mr. KfOX: Yes, sir, Mr. plummer: We have no choice. I'll move it, Mr. Mayor, I don't want to hove it but based on the advice of the City Attorney who has said something I'in lisp tening. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-373 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO JESUS CASTILLA AND MARIA ELENA CASTILLA, HIS WIFE, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $10,500. IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY JESUS CASTILLO, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 22. APPROVE FINANCIAL PLANS FOR 400 SECTION 8 HOUSING UNITS. Mayor Ferre: Now take up Item 18, approving the financial plans of 400 section 8 housing units located in Wynwood, Townpark, Culmer, Medical Center, Little Havana and Coconut Grove. Mr. Plummer: Mr. Mayor, I would want attached to this motion subject to the City having as I brought out this morning, a say in the... Mayor Ferre: All right, as modified accepted by the mover and the seconder to Plummer's attachment that the City have a participation in the decision making process with regards to trustees, funds and other matters that are of importance. Further Discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-374 A RESOLUTION APPROVING THE FINANCIAL PLANS FOR 400 SECTION 8 HOUSING UNITS FOR HOUSEHOLDS OF LOW AND MODERATE INCOME LOCATED IN WYNWOOD, TOWNPARK, CULMER, MEDICAL CENTER, LITTLE HAVANA AND COCONUT GROVE: SUBJECT TO THE CITY OF MIAMI HAVING INPUT AND PARTICIPATION AS TO USE OF FUNDS, DESIGNATION OF TRUSTEE, ETC.; SUCH APPROVAL IS CONSISTENT AND IN ACCORDANCE WITH THE AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI BY AND BETWEEN DADE COUNTY AND THE CITY OF MIAMI DATED JULY 19, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Coam►issioner Reboso, the resolution was passsed and adopted by the following vote - AYES; Commissioner Rose Gordon Cononiesioner 7. L. Plummer, Jr. Oommiasioner (Rev,) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None, 39 MAY 311974 23, APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR HARRY PEARLMAN, Mayor Ferre: With regards to Mr, Pearlman, how old is Mr. Pearlman now? Mr, Plummer: Mr. Pearlman is a very young age, Mr. Mayor, in relation to the work that he does and I move Item 19, Mayor Ferre: Well just tell me how old he is, he's 74, is that it? Mr. Plummer: Seventy-one. Seventy-four is correct, I stand corrected, Mayor Ferre: This has been coming up for seven years now hasn't it? Mr. Plummer: That is correct, no, four years. Mayor Ferre: He's the guy in the stadium isn't he? Mr. Plummer: He's the guy that guards the Orange Bowl at night. Yes, sir, on a bicycle. Mayor Ferre: On a bicycle at age 74? Mr. Plummer: Yes, sir. Mayor Ferre: Do you recommend this? Mr. Plummer: And if you say one more word I'm going to get Congressman Pepper down here to tell you about that committee he's on. Mayor Ferre: Are you recommending this? Mr. Fosmoen: Yes, sir. Mayor Ferre: He can still ride his bicycle, right? Mr. Plummer: And he'll out run you any day, Ar. Mayor. Mayor Ferre: Okay. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 73-375 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 74 FOR HARRY PEARLMAN, WATCHMAN, STADIUMS AND MARINAS DEPARTMENT EFFECTIVE MAY 28, 1978 THROUGH MAY 28, 1979, WITH PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, HARRY PEARLMAN, 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 Commissioner Gib:;on, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibsoi Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOE3: None. ON ROLL CALL: Mr, Plummer: With the motion that tells him that he's been hired for an addi- tional one year I want it to be inscribed "Gad bless you", 1 vote yes. Signed Maurice Ferre. 40 MAY 311978 r 1 24, CLAIM StIlLEANT MERCEDES F. RONEU AND S INDULFO RON tt . The following Yesd1tttion Was introduced by Commissioner Planner, who mtwed its Adoption: RESOLUTION NO. 78-376 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MERCEDES F. ROMEU AND HER HUSBAND, SINDULFO ROMEU, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,305.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OF USE, AND AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO TRAVELERS INSURANCE COMPANY, WITHOUT THE ADMIS- SION OF LIABILITY, THE SUM OF $1,170.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN AND COL- LISION SUBROCATION CLAIMS AND DEMANDS, AND THEIR PERSONAL INJURY PROTECTION LIEN CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 25. BID ACCEPTANCE - PRINTING OF 150,000 FOUR LANGUAGE BROCHURES FOR DEPT. OF TOURIST PROMOTION. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-377 A RESOLUTION ACCEPTING THE BID OF AVANTI PRESS, INC. FOR FUR- NISHING 150,000 FOUR LANGUAGE BROCHURES FOR THE DEPARTMENT OF TOURIST PROMOTION AT A TOTAL COST OF $10,125.00; ALLOCATING FUNDS FROM 1977-78 FISCAL YEAR OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Listen, by the way I don't see Lew Price here but when we get into this question of graphics you know that also ought to include our brochures, our letterheads and all that kind of stuff that's the image of the City of Miami. 41 MAY 31197 26, EIb ACCEPTANCE CITY OF MIAMI FIRE INSURANCE ON CITY OWNED EtJILbIt1GS AND CONTENTS. . Mr. Plummer: How many bids went out? Mt, Fosmoen: dim, can you respond to this? Mt, Gunderson: The number that we sent out? Mayor Ferret Yes. Mr. Gunderson: I can't tell you the exact number, I can estimate it at this point, I don't recall the exact number but it was quite a few. M. Plummer: What is quite a few? Mayor Ferre: I have it right here► 74 insurance agents and there were two bids received, one by American Fidelity Fire and Insurance Company and the other one by the Employers Insurance Company of Warsaw. Mr. Plummer: Seventy-four bids went out? Mayor Ferre: That's right. Mr. Plummer: And two bid? it kind of tells you something doesn't it? Mr. Gunderson: It tells you several things about insurance in relation to municipalities not necessarily about bidders. It tells us that we are extremely vulnerable, high risk and that nobody really wants to accept it... Mr. Plummer: You know, I'll accept that as being about half right. The other half is that they would bid with a premium commensurate to their feeling of lia- bility. But here again I'm going to harp on this subject until I see some . changes made around this place. You're talking about $168,000 of premium and only two companies saw fit to bid whether their bids were high or low. Mayor Ferre: Well, what do you want to do? Mr. Plummer: Hey, Mr. Mayor, until the overall procedure in this City is changed we are going to be faced with this situation and the credibility of our bidding procedures. Now I'm sorry, I'm just going to harp on it everytime it comes up. Mayor Ferre: Fine, is there anything else you want to do? Mr. Plummer: What can I do? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-378 A RESOLUTION ACCEPTING THE BID OF AMERICAN FIDELITY FIRE INSURANCE COMPANY THROUGH ITS LOCAL AGENT, CHALLENGE IN- SURANCE, INC., FOR PROVIDING FIRE, LIGHTNING, WINDSTORM, VANDALISM & MALICIOUS MISCHIEF INSURANCE FOR CITY OWNED BUILDINGS & CONTENTS VALUED AT FIFTY ONE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND NINE HUNDRED THIRTY DOLLARS ($51,525,930.00), FOR A THREE (3) YEAR PERIOD BEGINNING JUNE 1, 1978 THROUGH MAY 31, 1981, AT A COST OF $168,138.00 WHICH AMOUNT IS DISCOUNTED IF PAID IN ADVANCE OR AT A COST $62,644.00 IF PAID ANNUALLY, WITH FUNDS ALLOCATED FROM THE CITY'S SELF INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOBS: None. 42 Mayor Ferret 1 think, Mt. Fosmoen, that Mr. Plummer's point is really well taken. Mr. Puff' ett you know eventually somebody is going to realize it. And 1 tell you 1 hope it is this Commission before it is the taxpayers. Mayor Ferret Dick, 1 think we really kind of ... Mr. Fosmoen: I hear the Commission on it. 27. BID ACCEPTANCE - NEW FIRE STATION No. 9 = BUILDING DEMOLITION. The following resolution was introduced by Commissioner its adoption! RESOLUTION NO. 78-379 Gibson, who moved A RESOLUTION ACCEPTING THE BID OF BEN HURWITZ, INC. IN THE AMOUNT OF $4,400.00 FOR THE BASE BID FOR NEW FIRE STATION NO. 9 - BUILDINGS DEMOLITION; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "FIRE FIGHTING AND RESCUE FACILITIES BOND FUND" IN THE AMOUNT OF $4,400.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WIHT SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of t•he City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 28. BID ACCEPTANCE - CENTRAL MIAMI PARK - SEATING GALLERY AND WALKWAY STAINING. Mayor Ferre: What is a walkway Mr. Fosmoen: Simply staining a Mayor Ferre: Very good. Tell staining it, is there a reason staining? walkway. me why you have to stain it, Al. Why spend money for that? What's the logic of it? Mr. Al Howard: It is a new technique they're using on the paving blocks similar to what we put down in Bicentennial Park where they're preserving, they're stain- ing them to the playground area around where the balcony is going to be. Mayor Ferre: Well what do you stain them, green or what? Mr. Howard: No, just a clear stain. Mayor Ferre: I see, Okay. Mr. Plummer: Under discussion I want it on the record that 67 people were in- vited to bid on this project, a project of $25,000 in a town that supposedly is scrounging for work, only eight contractors picked up plans and only half of those, four, actually bid. I just want it on the record. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-380 A RESOLUTION ACCEPTING THE BID OF F & F CONSTRUCTION CO„ INC. IN THE AMOUNT OF $25,855.00 FOR THE BASE BID FOR CENTRAL MIAMI PARK SEATING GALLERY & WALKWAY STAINING; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACIL- ITIES BOND FUND" IN THE AMOUNT OF $25,855.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, in the Office of the city Clerk.) 43 omitted here and on file NAY 311978' Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 29, BID ACCEPTANCE - DIXIE PARK PAVING PROJECT, Mr, Plummer: Here again for the record I want it to indicate on a bid of al- most $60,000, 71 people were asked to give us a price, eleven picked up and only half of those, or six actually placed the bid. Mayor Perre: That's not bad in this case. In the other ones I think you're right, this one was not too bad. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-381 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORP. IN THE AMOUNT OF $59,296.72 FOR THE TOTAL BID FOR DIXIE PARK PAVING PRO- JECT; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "HIGHWAY G.O. BOND FUNDS" IN THE AMOUNT OF $59,296.72; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 30. BID ACCEPTANCE - DOWNTOWN COMMUNITY DEVELOPMENT HANDICAP RAMPS PROJECT. Mr. Plummer: For the record I want it to show that 71 people were asked to bid on this project, only nine nicked un plans and only five saw fit to submit a contract. Mayor Ferre: Again, J. L., that one is not bad. Mr. Plummer: Mr. Mayor, you cannot convince me. This was $54,000 worth of business guaranteed money but there are only five companies who are interested. Mayor Ferre: To get five bids is not bad. I want to tell you something now, the construction industry right now is in one hell of a boom and you know.... Mr. Plummer: That's for the big companies, Mr. Mayor. Mayor Ferre: Unfortunately this is a feast or famine business. Right now if you were to call the union hall there is not one person sitting down at the union hall waiting for a job, everybody is out working. Mr. Plummer: Mr. Mayor, that's well and good and I accept what you say as be- ing correct since you are more in that field than I am. Mayor Ferre: I tell you and five out of nine that picked up is not bad. Mr. Plummer: But not when you asked 71. Mayor Ferre: The other people.... Mr. Plummer: Mr. Mayor, when you ask for people to bid on motorcycles for the City of Miami and the specs are written out of the back of the Harley Davidson Book it has to tell you something, 44 /' MAY 311978 Mayor Ferre: There I agree with you, J. L., in this case I don't. Anything else? Mt. PiuMMet: I'M not disagreeing I just Want it on the record. The following resolution was introduced by Commissioner Gordtin, who moved its adoption: RESOLUTION NO. 78-382 A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $54,020 FOR THE DOWNTOWN COMMUNITY DEVELOPMENT HANDICAP RAMPS PROJECT (2ND BIDDING); ALLOCATING SAID AMOUNT FROM THE 2ND YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $54,020 TO COVER THE CON- TRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,100 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $880 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHOR- IZING 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: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: Mr. Mayor, I want to ask a question on 27. the tabulation sheet, what happened to the fifth one? Mr. Plummer: In your back up, no, I'm sorry... Mayor Ferre: In the supplemental, right? If you'll you'll see Item 28.... Mrs. Gordon: No, I'm talking about 27. I asked the fifth bid in the tabulation. Mr. Plummer: I only have four look at supplemental and question where was the It was probably an unqualified bid, Rose. Mr. Parkes: The Fifth one was omitted because of space on that sheet. Mrs. Gordon: Was it higher than the highest? Mr. Parkes: Yes, it was higher than the highest one. Mrs. Gordon: A11 right. 31. BID ACCEPTANCE - CUBAN MEMORIAL PLAZA & MEMORIAL BOULEVARD. Mayor Ferre: Item 28, the Cuban Memorial plaza. Mr. Plummer: This is the second bidding, correct? Mr. Fosmoen: That's correct. Mrs. Gordon; Does this meet the estimate that the... on Mayor Ferre: Yes, it's under the estimate. The estimate was 140, the total funds allocated was 142, the estimated construction was 85 and the actual bid was 133,570. There were two bidders and the Managei recommends this. It is under the allocated funds, it is over the estimate. Mr. Plummer: I'm all in favor, Mr. Mayor, but here again I want on the record that 79 people were asked to participate in this project, only 3 saw fit to pick up bids and only 2 actually bid. Mayor Ferre: Here I agree with you. 45 MAY 31197' Mrs. Gordon: In the description, bid A, B, C and D, what does that mean? Will somebody explain that, in the description part of the tabulation? Mt. Plummer: Rose, it is like the health insurance policy for the City of Miaitti and when we only got two bids I asked companies who didn't bid the tea, - soh Why and they said they didn't have time to read the 77 pages of specifi= cations that the City put out in bidding procedures. Mrs. Gordon: Oh God, But curiousity again, I want to know why it is listed as Bid A, B, Co D, etc, on the tabulation sheet, Mt, Fostnoen: Bill, are those alternate deducts? Mr, Parkes: They were alternate proposal items... Mrs, Gordon: And which one are we approving, A, B, C or D? We're going with number A? Mr. Parkes: Right, with Item A plus the Alternate #6. That's deductive alter- nates 1, 2 and 3. Mrs. Gordon: Okay. The following resolution was introduced by Commissioner Reboso, who Moved its adoption: RESOLUTION NO. 78-383 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE AMOUNT OF $133,570.00 FOR THE "CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD (2ND BIDDING)"; ALLOCATING SAID AMOUNT FROM THE 2ND AND 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLACK GRANT FUND IN THE AMOUNT OF $133,570.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $6,000.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,670.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 32. DISCUSSION OF SECOND AND REBIDDING PROCEDURES. Mr. Plummer: Mr. Mayor, I want to make a motion at this time that in the fut- ure that any time that bids are rejected by the administration and a second or rebidding procedure is followed that this Commission be informed at the time of what changes have been made in the second bidding procedure so that we can know at the same time as the press. There have been changes, I can't as Rose just indicated, I don't know what changes A, B, D, E & Z are. They were done without Commission approval. When the Commission is asked in the onset to approve these items we do but yet when it goes out to a rebidding and things have to be changed this Commission is not consulted until it is all done with. So in the future I make a motion that any time bids are rejected and rebid that this Commission be informed in writing. 46 MAY 3119 The following motion was introduced by Commissioner Plummer who moved its Adoption: MOTION NO. 78--384 A MOTION DIRECTING THE ADMINISTRATION THAT IN THE FUTURE WHEN PUBLIC BIDS ARE REJECTED BY THE CITY MANAGER AND 2ND REBIDDING PROCEDURES ARE FOLLOWED THAT THE CITY COMMISSION BE INFORMED, IN WRITING, OF ANY CHANGES MADE IN CONNECTION WITH THE 2ND BIDDING PROCESS. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 33. BID ACCEPTANCE - ADMINISTRATION BUILDING . Mayor Ferre: Take up item #30. You have before you, Bob passed it out and it is the Administration Building. As I understand it came in within the purview of the amount allocated for it and, therefore, we can proceed with our Administration Building. Mrs. Gordon: Will it be as per plan that we had seen the renderings up here? Mayor Ferre: Modified plan, Rose. Mrs. Gordon: Modified, how? Mr. Vince Grimm: For all intents and purposes, Commissioner Gordon, you could not tell the difference between the proposal that you saw and the one that is being built. Mayor Ferre: The Orange Silo is still there. Mr. Grimm: Yes. Mrs. Gordon: Where is the change? There has to be a change. Mr. Grimm: The changes are four pages worth of highly technical things like changing types of light fixtures, changing facings, changing types of floor finishes, taking two feet out of the overall height of the building, six inches out of each floor.... Mayor Ferre: No interior partitions, no bathrooms.... Mr. Plummer: If it's any consolation I went over it item for item with Mr. Grimm. Okay? Now I'm going to vote against this motion and the reason, I want it on the record I'm voting against this motion, this is the first time we have ever been asked to approve and award without the contract in writing being presented before us. I think there is a fear here and you know the great feat should be coming espoused by Father not by me. I don't see the contract in front of me. Mr. Grimm: No, sir, you never see the contract in front of you on construction contracts. All you do is authorize the Manager to enter into it. It is our standard contract documents and this Commission never sees those. Mr. Plummer: Well, Mr. Grimm, let me tell you something, sir, times are chang- ing. Mr. Grimm: Well, you have to let us know the rules if you're going to change them. This is nothing different, and please, let me remind you that this is an EDA Grant Project and we're in jeopardy on time. Mayor Ferre; I realize that, Father Gibson moves, Mrs. Gordon seconds, and J. L., I'll tell you under discussion you know I'm not very thrilled about the architectural quality of the structure and I've gone on record saying that but I think we've got no choice frankly. 47 Mt. Plummer: In other words what. you's.e saying is whether it's right or wrong do it. Mayor. Ferre: No, what I'm saying is that I don't like the architecture of it but I don't want to lose 311million dollars of fedetal funds. Mr. Plummer: Well, I'll tell you, Mr. Mayor, I agtee with you. In this partic- ular case I've had the opportunity to look into it but Mr. Mayor the way this thing is going some people have a feeling that federal dollars are different. I help on those federal dollars like I help on local dollars and I'm going to tell you something, I would rather turn the money down than to do something wrong just because it is a big pie in the sky. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who Moved its adoption: RESOLUTION NO. 78-385 A RESOLUTION ACCEPTING THE BID OF SHAFER & MILLER, INC. IN THE AMOUNT OF $3,040,631.60 FOR THE ADMINISTRATION BUILDING (2ND BIDDING), WITH THE STIPULATION THAT IF ALTERNATE NO. 10 IS EXERCISED BY THE CITY, THE COST WILL BE TAKEN FROM THE PROVISIONS FOR SPECIAL ITEMS"; ALLOCATING FUNDS FROM THE "U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINIS- TRATION, LOCAL PUBLIC WORKS PROJECT GRANT" AND THE ACCOUNT ENTITLED "FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILI- TIES G. O. 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 Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice -Mayor t•1ai:olo Reboso Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer 34. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH H & H FOOD SERVICES, INC. FOR FOOD CONCESSION AT THE POLICE DEPARTMENT. Mr. Plummer: Have any of you taken the time to read this lease? I want to tell you something, that man who takes this lease better not sneeze because it is not included in this lease. How many people bid on this, Mr. Fosmoen? Mr. Fosmoen: I don't know, sir, I can find out for you. Mr. Plummer: You know, I'm going to tell you you read this lease and it's comical. Some of the things, do you know for example they can't sell cigarettes that are not nationally advertised? You know I'm going to tell you how they can go into such detail... Do you know why the man who was there is out? Because he couldn't make it. Now I was going to bring this subject up in relation to another matter and that's the one in Bicentennial Park because that contract is worse than this. That man can't move. Mrs. Gordon: Well, if he's willing to take it that's his headache. Mr. Plummer: Rose, yes because the man that tried.... but Rose, I beg all of you to please read these contracts because if you read them in some instances it says, "We defy you to make a living". Mrs. Gordon; J. L., I read it here too under (J), no pastry shall be served more than one day old. I've eaten some stale danish... Mr. Plummer: I want to know if Mr. Fosmoen or his representative is going to stand there at those vending machines with a thermometer stating that that coffee is 150° because that's what it calls for in the contract. 48 Mrs: Gordon: But J. L., what this does is gyve us leverage in case we need to remove them for whatever reason. MY, Plumate,: Rose, you can tear it in half an3 you've got more than enough leverage to throw them out. You see, this is the point I'm trying to take: When you put out this kind of a contract and you wonder why you only have one bidder, and a number of these are no bidders, that's where I say you've got to start looking into these things. Mayor Ferre: Plummer, I think, you know you're a very cautious.... Mr. Plummer: Why shouldn't the contract read that the man has to keep up to the Health Department Code? It doesn't say that, it talks about the extermi- nators, it talks about.... Mayor Ferre: J. L., in the interest of time I think you have a very valid point, I think you're very concerned... Mr. Plummer: My valid points though, Mr. Mayor, are never addressed. Mayor Ferre: Well what is it you want to do, do you want to defer this? Do you want to throw it out and rewrite the specifications? Do you want to make it looser so that they can take pastries that are three days old or you want the coffee to be 110° or what is it you want? Mr. Plummer: Mr. Mayor, I just want somebody to go in there and have the opportunity to make a living and supply that Police Department in a thing that is needed. Mayor Ferre: All right, lieutenant, do you want to address us as far as the Department is concerned? Lt. Harrison: Not unless the Commis;ion has specific questions. Mayor Ferre: Do you want to have loser specifications? Do you recommend that we have loser specifications? Lt. Harrison: No, sir, we're very happy with it. Mayor Ferre: Are you happy with the specifications as written? Lt. Harrison: Yes, sir. Mayor Ferre: Did the department have something to do with writing the speci- fications? Lt. Harrison: Captain Knight handled the specifications.... Mr. Plummer: That figures, he just lost one hundred pounds. Mayor Ferre: Mr. Fosmoen, you're satisfied that these are reasonable speci- fications? Mr. Fosmoen: They're tight, sir, but they're reasonable. Mayor Ferre: All right, is there further discussion on Item 30.1? Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-386 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH H & H FOOD SERVICES, INC., FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AND FACILITIES AT T THE NEW MIAMI POLICE rEPARTMENT BUILDING, FOR A TERM OF THREE YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS. (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 a unanimous vote. 49 MAY 311078 Mayor Ferre: I Vote yes and I'm sure Mr. Plummer will be down there with his thermometer on his way down to patrol Biscayne Boulevard. He'll have his tetnorneter around his belt... Mt. Piutt er: Want to know One that the Mayor Ferre: you'll figure and poor Mr. Trainer? Mr. Plummer: Herald. 35. AUTHORIZE REIMBURSEMENT TO COONBA? FESTIVAL COMMITTEE NOT TO EXCEED $6,000. The following resolution was introduced by Commissioner Gibson, Who moved its adoption: Mr. Mayor, I don't mind going down with My thermometer but 1 how I measure the fat content of the hamburgers and assure every hot dogs are all beef. Plummer, if anybody can figure that out it's you and I'm sure it out between now and the next time ytu go down to the station H & H. By the way, did you know that.ti-e owner of H & H is Monty Well, I heard he was taking over the cafeteria at the Walla RESOLUTION NO. 78-387 A RESOLUTION AUTHORIZING REIMBURSEMENT TO r'HE GOOMBAY FESTIVAL COMMITTEE IN AN AMOUNT NOT TO EXCEED $6,000 FOR COSTS TO BE INCURRED IN CONNECTION WITH THE SECOND ANNUAL BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 10 THROUGH 11, 1978, WITH FUNDS THEREFOR ALLOCATED FROM THE SPECIAL PROGRAMS AND ACCOUNTS -SPECIAL COMMUNITY PROGRAMS, QUALITY OF LIFE PROGRAM, FEE WAIVER ACCOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, 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 ON ROLL CALL: the resolution was passed and NOES: None. Mr. Plummer: I'll do it if Father will tell the Committee to take the sign down so that you can read it from behind the traffic lights and put it out somewhere where you can read the damned thing. Have you seen it? Rev. Gibson: Yes, I saw it last night. Mr. Plummer: The traffic lights are here and the sign is behind it. The City Commission recessed for lunch at 11:53 O'Clock A.M. and reconvened at 2:10 O'Clock P.M. 36. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. A. Presentation of Plaque to Henry G. Moon, Department of Public Works upon his retirement after 31Tears of service. B. Presentation of Certificate of Appreciation to Jose Bacardi for sponsoring the Fourth Annual Bacardi Trophy Race which took place on May 13, 1978. C. Presentation of a Commendation to Dr. LaVerne A, Nolte for her out- standing contribution to the community. D, Presentation of a Proclamation designating Friday, June 2, as Miami Senior High School Day. E, Presentation of a Proclamation designating June 1st 40 Pan American Chamber of Commerce Day, 50 11.111 Mrs. Rockefeller: .... I think. the Legal Department is presenting this to you as an Emergency Otdinancek... Mayor Ferre: Yes, ma'am, Iunderstand, Mr. Knox? Mr. Knox: We had expected that Mr. Mc Creary would also hehere. at 2:30. P.M. Mayor Ferre: You want to wait for him? Mr. Knox: A few minutes, if you will, Mr. Mayor? Mayor Ferre: Alright, we'll wait for Mr. Mc Creary ..Sot you can turn off the lights. It'll he ten or fifteen minutes. 37. PLAT ACCEPTANCE - BAYSHORE VIEW. Mayor Ferre: Item 15, is Doctor Roberston here yet? Ar Mr. Rice: We're ready to proceed. Mayor Ferre: Are you ready to proceed? Rose? Mrs. Gordon: Mr. Mayor, Mr. Rice, doesn't know it but this morning I moved for a deferment on this item and another platting item, because it is my feelings that items of this nature have an impact on neighborhoods as decisively as all other zoning and planning matters do and that these kinds of items should come up at Zoning and,Planning Board agendas and not on agendas of this nature. I am not even sure that neighbors are notified of plattings, are they? Mr. Fosmoen: No, they're not. Mrs. Gordon: And, I'll tell you,as one Commissioner, I don't want to be around when this community finds out that a plat of this type or any type that has an impact on a neighborhood such a; this has tot been advertised nor have ,b they been notified, so I move for deferment. Mayor Ferre: Alright, there's a motion that this item be deferred until the zoning... Mr. Rehoso: What item? Mayor Ferre: Item 15, which is the zoning hearing meeting which will be when? Mr. Fosmoen: 22nd of June. Mayor Ferre: Will be the 22nd of June. Is there a second? Mr. Rice, you want to address yourself to this? Mr. Rice: Yes, I represent.... Mr. Plummer: Mr. Mayor, Mr. Rice is not out of order, but your asking him is out cf order. You have a motion on the floor either it gets a second or it doesn't. Mayor Ferre: Alright, I'll ask.... Mrs. Gordon: In offering this motion, I want to call attention to a situation that this particular plat has that is an innovative way,if you want to put it that way,of changing uses in that particular neighborhood. The area calls for a 200 ft. setback. I'm not going to speak to the merits or demerits of this case but I feel that this case is so important to the overall plan of Coconut Grove that if we act on 1.t today that we are being extremely unfair to Coconut Grove 51 MAY 31 end the Coconut Grove Plan, Mayor Ferret This is on Coconut Grove, oh, I thought this was on the river. Mr, Fosmoen: This is the second one Mr. Mayor, Item 15, is on Bayshore, Mayor Ferrel Oh, Oh.., Mrs. Gordon: This is South Bayshore Drive. Mayor Ferre: Oh, yes, I see, ok. Alright, do we have a second? Rev. Gibson: Well, Mr. Mayor, I think if it affects the people they ought to be heard whether I agree with them or not. Mayor Ferre: Alright, that means you second it? Rev. Gibson: I'll second it. Mayor Ferre: Alright, now under discussion, Mr. Rice . Mr. Rice: My name is Jack Rice, 2424 N.W. 1st Street, Miami, Florida, Attorney -At -Law, representing Doctor James Roberston, who is the owner of this property. What Mrs. Gordon is addressing herself to is the legality of the plat. The City Attorney has recently,or prior to our filing this plat. rendered an opinion that we could file the plat in it's approved and approved legal wise by the City Attorney and it has met all the requirements of the law. When you meet all the requirements of the law, I think we're entitled to the recording of the plat. There may be some people that like it. There maybe some people that don't like it. Mrs. Gordon: There may be some who disagree with your nninion of the la••" too. Mr. Rice: Yes, but your City Attorney has rendered opinion saying that that is the law. Mrs. Gordon: Don't you think the people have a right to know what this City Commission is doing Mr. Rice, or don't you think the people have any rights at all? Mr. Rice: Well, I don't know why you would single Dr. Robertson out. Mrs. Gordon:I'm singling nothing out. I'm simply saying that this property fits that category that needs to be heard at a public type meeting of people, that have been notified that it is coming up. If this Commission then decides that they want to proceed they can proceed, but certainly not in the manner that is being done today or it would be done if this wasn't deferred. Mr. Rice: Of course, my answer to that is all the argument in the world doesn't change the law. The law is the law and the only thing I'm asking you to do is to follow the law which your City Attorney says you may approve this plat. It meets all the requirements,and the Planning Department has set out the required requirements the plat in the manner in which we have done. Mr. Plummer: Well, Mr. Rice, you stand corrected. You know, the one thing if I never learned in nine years being on this Board, that how two words can have such a tremendous difference in meaning. One word is you may'and that is an elective thing and the other is that'you shalt, and shall means you will. Now, the City Attorney, when we got into this hassle once before informed me, a very unpopular situation that if in fact,everything of criteria has been met, you shall approve. Mayor Ferre: That means you will. Mr. Plummer: Now , you know, we got into this hassle, and let me say this, so that the record is clear. I think, Rose, has a very fine point, ok, that yes, you should give the opportunity. I don't feel... Mayor Ferre; Is that an ordinance or is that the charter? Mr. Plummer; that's let the City Attorney, It was his ruling. assume it's in the charter. 52 'i�l�'lll;ill�l�llll"IIIEI19!I1 !1! I1111111 !IPPl Mr. knot Right, and that's the fundamental principle of zoning and teal ea.tate law that an individual may do with their property as they WW1 provided that they conform to all the requirements of law. Mrs. Gordon: Mr. Knox, I agree with you on that point, but I don't believe that in this particular case if they are going to argue the case now, we're• going to have to do it all over again when we hear it at the public hearing so I think,it would be best if we don't do that. But there are some great questionable things about this plat that are in conflict with the ordinances that are on the books.. Mr. Knox: Now, if that's the case Mrs. Gordon, or if the Commission feels that that's the case as wetve determined before, a plat must or Shall he approved by the Commission once it is presented to the Cotmmission, but the Commission may exercise this prerogative in terms of seeking as ascertaining more information or clarification or what have you. Mr. Rice: I might add that the City Attorney has already ruled that as to the refusal to plat this property is contrary to the law and it says this office is recommending the repeal until .... Mrs. Gordon: The repeal of what? Mr. Rice: That's not the one I'm looking for. Anyhow, this matter came up before the Law. Department and by the way it's also in your report, Dr. Bartley,from Gainesville,which says that this is an unenforceable requirement because there can'tbe.. the only thing we're talking about... Mrs. Gordon: Setbacks are unenforceable? Mr. Rice: Yes, an unenforceable requirement b.ecaus.e it can't be enforced, because there have been too many deviations down there. You're trying to enforce the average setback. There is no average setback in this land. That's the whole question that's presented here today, but there is none. In fact, you can't have a 200 ft. setback on one of these lots were replatting because they are not 200 ft. deep. It's an impossibility. Mayor Ferre: Jack, let me cask some questions to see if I can understand this property, perhaps I should ask it of the City Attorney. Mr. Knox, as I understand what's happening here is that there are three lots along South Bayshore Drive and the owner• of this property wants to put them together and end up getting seven lots out of it, is that right, as I see it here? Mr. Knox: That's my understanding. 41,4 Mayor Ferre: Now, is that allowable within the law? Is that permissible' Mr. City Manager, Acting City Manager? Mr. Fosmoen: Yes, sir. Mrs. Gordon: Mr. Mayor, the point I'm making is not the merits or demerits of the case at this time. I'm simply asking this Commission to consider the neighborhood and the people who have to live in Coconut Grove and at least, regardless of what this Commission does ultimately, give them the right and the privilege of hearing the case. Mayor Ferre: Rose, I want to tell you that I want to vote with you, but I need to understand the legality of it. I don't think you want to do, or you want any of us to do something that is in any way illegal. Now, what I need to find out is if all the requirements under the law have been met,and if so, is this matter before us and then under what pretext or reason do we put this offend the question I guess is this, yes, I want the neighborhood to be all here at a public hearing. I have no objections to that, but if every neighbor, Mr. Knox,is against this, are we entitled under the law to deny this matter under the law, what's this? Mr, Rice: That's the opinion of the City Attorney, saying we're entitled to plat. Mayor Ferre: Well, I'll read it into the record. This is in response to your request for a legal opinion concerning the following questions; 1s a plat a special yard district number 43 required to meet 200 ft. front alignment when no lots face South Bayshore Drive. The answer to this question 53 negative., The. wording of the City of Miami. Zoning Ordinance No. 6871, Article XVI Special Yard bistrict Section 243, provides that front yards on South.Bayshore triire along N.W. site from Alatka Street to Aviation shall he no less than the average depth. of front yard of existing building within 200 ft, of said building lying in the same side of South Bayahore Drive. There is no requirement that sideyards. be considered in the average alignment, Therefore, by plotting the lot so that the front yard does not face South Bayshore Drive the subdivider can avoid the requirements of District 43. Moreover. City Zoning ordinance No. 6871. Article IV. Section 11, replotted lotsyprovides that land nay he platted into two or more ltos, tracks, or parcels provided that said lots has a minimum area of 6,000 sq.ft., an average width of no less than 60 ft.and a minimum of 30 ft.of street frontage. Therefore, the City would be required under its platting provisions to allow this plat the City Commission's approval of Rock Reef First Addition, 75-33 on April 2nd, 62, provides a precedent for this position. Michael E. Anderson, Assistant City Attorney: You concur with this Mr. Knox? Mr. Knox: Yes, sir. I might point out that... there presently exists a vacuum if you will, in terms of our code of ordinances with respect to side- yards. Now, this question has been resolved based upon a case precedent rather than an examination of the laws and our ordinances as they exist. Now, the Commission can either announce or require the establishment of a policy regarding side yards but again, I must advise you that this plat must be considered according to the law that exists at the time that you consider the application Mrs. Gordon: Mr. Knox, will you tell me while you look at the plat and you tell me what would prohibit the facing of a house to the Bayshore Drive frontage, what would prohibit that? Mayor Ferre: You're talking about lots 1 and 7. Mrs.. Gordon: 1 and 7. Mr. Knox: Alright. Now, if I examine the plat it would my opinion that these lots face on the private road. Mrs. Gordon: Well, what would determine that that is an absolute opinion or an absolute viewing of this plat that determines that? fact, your Mr. Knox: No, just an examination of the plat. Now, that's a question that could be asked by the Commission and have it resolved by the planner. Mayor Ferre: That's a valid question, you see. Now, Jack, let me... Mr. Rice: We are facing all the .... if and when the buildings are built, I'll go on record as saying that every one of the -buildings will face the private road. So we'll lay that to rest. Mrs. Gordon: Mr. Mayor, I have a motion for a deferment. I think , there is enough reason to have some concerns in this plat that a deferment is in order. Mayor Ferre: Jack, frankly, from what I understand of this as long as you put that proviso I don't think that this Commission legally is going to be entitled to deny you what you're entitled to do under the law, your client. Now, out of courtesy for Mrs. Gordon, would it do your client irreparable harm to wait until the 22nd? Mr. Plummer: Let me ask a foolish question? Mr. Rice: I love Mrs. Gordon and I wouldn't want to do anything to hurt her. But one of my principals says they'd like this thing resolved as soon as possible. Mr. Plummer: Well, ok, that answers the question. Mayor Ferre: Alright. I think, what you're doing is Mr. Plummer: Excuse me, as soon as possible could be sometime between now and Christmas, Mr, Rice; Well, we're on the agenda today,,, 54 Mayor pette: Youtte going to get a 3 to 2 vote at best, ok, you want to force the issue and I think} you're jeopardizing a situation which you don't need to jeopardize. Mt. Rice: I just don't want to agree to anything. Mayor Ferre: You have no recommendation, you want to force thin issue? Mr. Rice: Mr. Mayor, my problem is this I think, the gauntlet isthrown and I have to follow my client wishes... Mayor Ferre: Very good. Mr. Rice: ... I think, the law is clear and, are we going to follow the law or are we going to embroiled in,.. Mayor Ferre: Alright, the chair... Rev. Gibson: Ok. Let me ask a question before we vote. You nowhave three lots, is that it? Mr. Rice: Yes, sir. Rev. Gibson: You have three lots today. You don't have anymore than three. Mr. Rice: I wish we had more than three. Rev. Gibson: Ok. The point I make is I think,... Mr. Rice: We tried to buy more than three.... Rev. Gibson: ... I understand, but what I'm aaying is under the ... right now, you havethree lots, ok, let me reason a little further into it., I wasn't going to do this because I was hoping you were going to wait. But I think sometimes we got to teach some of the people who come to us that we have some problems too. You know, they ought to listen to our problem like we listen to their's. I believe in good conscience. If you have three lots today and you're going to make them seven, you know. Now, even my grandson who is only 3 years of age I think, if I said to him, "son, you've got three lots and I'm going to make them seven;' you know what I mean? I would hope that you all will let the people know. We aren't saying we're not going to do it but the people need to be, you ever heard that saying,my Greek professor used to say "beware of the Athenians bearing wreaths". You ever heard of that before? Mr. Rice: I recognize my problem clear. I don't know the answer. I just ... Rev. Gibson: I know. I understand you. Mr. Rice: You know, I think as we delay it gets worse instead of better. I can't see how we can change our way of doing this and be able to develop the property at all. It's a very,you know, across the street as you all know, they rezoned that R-5A when we condemned it; when the City condemned it as a park, that's all that property at the foot of Kirk Street. Mayor Ferre: Jack, let me say this... Mrs. Gordon: It has no basis in this. Mayor Ferre: ... I respect you as you.know, tremendously as an individual, as a public servant, and as a practicing attorney now. However, I think, and I want to say that I fully recognize if there had been occasions in the past when members of this Commission at different times have demanded that things that are on the agenda be voted on right now, right now, but you know, I feel that we have to have a vision of tomorrow and not of yesterday. And I think, that when people reasonably ask or requesttthat it shouldn't be denied, tethers of the Commission.Nowe Mrs. Gordon I think, has some legal questions regarding the interpretation of front lots. Now, you say that's going to be clarified and I hope that you can work that out between now and the 22nd when this matter will probably come up and therefore as, and I want to recognize that this is going to be a room full of people and that you're going to have a lot of people all upset and you're going to have... that's not going to change my opinion, 55 I think the legal tequiretnents of this have to b. met.. We've gone through thin before. The Cotniiasion I think, has voted in its majority before and I have no doubts if the law is the law that we will abide by and it's just a Matter of waiting a few weeks. So, at this time I'll call the question. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 784.388 A MOTION TO DEFER CONSIDERATION OF ACCEPTANCE OF PLAT ENTITLED "BAYSHORE VIEW" LOCATED AT 2461 SOUTH BAYSHORE DRIVE TO THE CITY COMMISSION MEETING ON PLANNING AND ZONING MATTERS SCHEDULED FOR JUNE 22, 1g78. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote AYES: Mrs. Gordon, *Rev. Gibson, and *Mayor Ferre. NOES: *Mr. Plummer, and Mr. Reboso. ABSENT: None. ON ROLL CALL: Mr. Plummer: I don't have to vote. The Mayor, has already announced it, just tell me which way I voted. Mayor Ferre: No, I announced that three people are going to vote. I. don't know, it might be four, I don't know. Mr. Plummer: Instead of a 3/2. Mayor Ferre: I don't know. It might he four, it might five, I've made mistakes at reading things, in fact, I do it all the time, even though the Herald doesn't believe me. Mr. Plummer: The motion is to defer? Mr. Ongie: Yes, sir. Mr. Plummer: I will not vote contrary to the City Attorney's ruling which is that we shall accept the plat. I appreciate what Mrs. Gordon is trying to accomplish, but the City Attorney made one key factor and that was that even though we might change and probably will change the rule to the future, this application was filed under today's laws, today's rules, and based upon that I would have to go with the City Attorney's ruling which says I will vote no on the deferment. Mr. Ongie: Mr. Reboso? Mr. Reboso: No. Mr. Ongie: Rev. Gibson? Rev. Gibson: I'm going to vote this way, because I feel that in deference my fellow Commissioner the questions should be answered and now what I do later on is my business so you know where I'm at. Mr. Ongie: Mayor Ferre? Mayor Ferre: I vote yes for the reasons I previously explained. Alright, Counselor, thank you, see you on the 22nd, give you an opportunity to come back to your old stumping grounds. I know you enjoy coming visiting the City. Mr. Rice; Thank you. I enjoy it. Rev. Gibson: I'd like for you to be able to us too that you know, in some sort of a document that you're going to put them all the private road, you know front them on the private road. Mayor Ferre: That's the only thing that's been brought up Jack, that is in question as I understand it, and if you do that then I think you'll • Mx, Rice: Thank you. 56 MAY 31191 Mr. plutidnet; I Want soieb.ody fret thedepartment or maybe.. Rose, I failed to see the difference whethef the houses face.Bayshore.or face theroads and I'd sure like to know what's being accofnplished because if I was driving down South Bayshore Drive, I'd sure rather look at a most decorative front Of a house than I would the side of a house. I'll) missing something. Mrs. Gordon: May I tell you what, I mean if you want to discuss it now, if hot we do it on the 22nd? Mt. Plummer: No, no, I said before the next Meeting. Mrs. Gordon: Ok, because that question that you brought out is the crux of the whole thing. The idea of turning the house to the private road rather than to Bayshore is the reason why they feel they're entitled to these extra lots. You see that's the crux of the whole thing and that is where I feel our attorney is in error and you know, an opinion is an opinion, it's not a, you'know, it's not the Supreme Court or the State of Florida, so with all due respects to my attorney, who I respect, but he makes mistakes too. We all have erasers. on pencils, ok. Mr. Plummer: Rose, don't worry about it, the one that wrote that opinion retired last Friday. }Ira. Gordon; Ok. Mayor Ferre: Alright, this is an item that we will discuss on the 22nd. 38. EMERGENCY ORDINANCE - AMEND CHAPTEF. 38 OF THE CITY CODE RELATING TO PROHIBITION OF SOLICITATION FOR PROSTITUTION. Mayor Ferre: Now, we're going to take up, Mrs. Rockefeller, if you would please, and Mr. Knox, if you'd explain the thrust of the ordinance that has been drafted. I see our two distinguished consultants here and if they would step forward, Jessie, Professor, if you'd step forward at this time? Mr. Knox: We indicated at the last Commission Meeting that there would be an ordinance presented to you at this meeting which would be designed to specifically regulating the street walking aspects of the activity of prostitution that proliferate in a specified area of the City. If you will bear with us for a few minutes there are a number of things that all of us would like to establish for the record. First of all, that this ordinance is designed to regulate street walking activities engaged in, historically engaged in by prostitutes along the City of Miami streets. The ordinance is, number two, designed to protect those individual members of the community from an encroachment upon whatever rights they may have. There are procedural safeguards built into the ordinance against abuse by the Police Department and against the abuse of the exercise of this Commission's legislative discretion. The City does have the power, the constitutional power, to regulate certain activities within its boundaries and there is... while Prof. Waters and Attorney Mc Creary have exercised a great deal of innovation and imagination in terms of formulating this ordinance, there is no feature of the ordinance that is not currently authorized within the state laws and found in the statues of the State of Florida and with that introduction I will present Prof. Waters and Mr. Mc Creary, who will speak to the features of the ordinance more specifically. Mayor Ferre: Prof. Waters and Mr. Mc Creary. Prof. Waters: As we indicated to you that we were attempting to raffle with the problem of safeguards for all persons concerned or the person who is legitimately on the street and for those whose activities were such that they were to be curtailed and to that end we have before you the ordinance which I will not read,as you have it before you. But basically, we believe is the legitimate safeguard and guidelines to the enforcing officers as to the kinds of conduct that are prohibited and the kinds of things that will be actionable. Basically, this incorporates the areas of the attempted statute that is on the books, that is a part of the Florida Statute and it adds to the existing ordi- nance by the City, The areas of the attempt,to offer to commit or commit an engaging prostitution to solicit, induce, entice, or procure another to commit prostitution.. to offer another or offer or agree to aaecure another for the 57 putpose of ptoati.tution. And it gives the officer guidelines where that based upon his experience as an officer, based up the circumatances involved in a particular factual situation that he will make an evaluation and looking to certain things that are within the ordinance which would indicate that if the person is a known prostitution oY panderer , it gives a definition as to what would meet that requirement, if the person repeatedly beckons or stops or repeatedly attempts to stop or engage in persons in passing in conversation without apparent purpose1 these are the things that will guide the officer in enforcing this ordinance. We believe that it is workable, that it is enforceable, and that it will protect as we say the citizen who is legitimately on the streets, as well as, those persons who are there for illegal purposes. I would have no further specific references to it other than I will entertain any questions that you may have. I hope that you've had an opportunity to read it. Mayor Ferre: Professor, in your opinion, this will meet the constitutional test and requirements that other ordinances have failed in the past . Prof. Waters: Yes, sir. We feel that it does circumvent the difficulties that this community and other communities have had in terms of attempting to utilize the loitering, particularly, the loitering ordinance... Mayor Ferre: I understand. Prof. Waters: ... the loitering statue, and the fact that this has been repeatedly struck down by the court. Mayor Ferre: Alright. Prof. Waters: We feel that it will circumvent those difficulties, yes. Mayor Ferre: Alright. Thank you, sir. Jessie, you want to add something to this? Mr. Mc Creary: Mr. Mayor, my name is Jessie Mc Creary. Let me add that this is not a loitering statue. I think we all are aware that Florida and most municipalities have had problems with that statute relative to policemen, where a person literally is doing nothing and many times policemen have been overzealous by saying, you're standing on the street here, you're doing nothing and we're arresting you for prostitution. Well, the Florida Supreme Court clearly dealt with that issue. You will notice that this, ordinance does not carry anything about loitering. But there are some defined activities coupled with the fact that it's based upon the officer's experience as a police otticer what kind of activities constitute a solicitation. Now, a number of people have been concerned. Well, what about the lady who is standing on the corner waiving because she had a flat tire two blocks back? Well, this ordinance protects there,because it gives that officer an opportunity to go to that lady and inquire, and once he is satisfied with her reason,he can move on about his business. It may be someone in distress. So we're not infringing with this ordinance upon the first amendment rights of anyone. Someone else mentioned the fact, well, you could get kids on Saturdays who wash cars on the corner. This ordi- nance clearly protects that, because (1), the officer based upon his own knowledge as a police officer, his everyday knowledge,and when we talk about the area in which we were dealing with primarily in Miami, that is the Biscayne Boulevard area between certain numbers of blocks ,it's like common knowledge that certain kinds of activities go on there. So I think that there is a built- in protection for the person who is legitimately going through this kind of bodily activity. Let me point out that no one of these factors is enough. The mere waiving of the hand, ..the person must be doing something and the officer must surmise based on his experience as a police officer that this behaviour is designed to do something, more specifically, solicit for prostitution. Mayor Ferre: Alright. Any questions of our two consulting attorneys or of our own City Attorney? If not, Mrs. Rockafellar, I'll recognize you at this time, Mrs. Rockafellar: Mr. Mayor, members of the Commission. I'm Grace Rockafellar. I live at 814 N.E. 71st Street. I'm President of the N.E. Miami Improvement Association and President of the N.E. Taxpayers Association. I'm appearing here today as a private citizen. We have waited a long time for this ordinance. It is long past due. First of all we want to congratulate Mr. Knox. We want to congratulate Professor Waters, and Attorney Mc Creary for this ordinance. We think that they have done a fairly good job in putting an ordinance together. 58 Now' t% Creary in his presentation stated that i; a woman is, in distress waiving down a cat of aome.thing like that. Well; I think the. police officers Oh Biscayne Boulevard or if Mr. Mc Creary were to travel Biscayne Boulevard he'd find that the only people that are waiving down cars in distress are the prostitutes looking for their next John. And, there is always a telephone that you can make, stores ate open, if anybody have a breakdown there are police officers going by all the time that can be waived down and as you know, before the State Supreme Court made what we thought was a horrendous decision in stating that those girls might be soliciting for Easter Seal. You can drive the full length -of the Boulevard. Our Police Department, I want to say this, they've done a tremendous job hut they've had the hand- cuffs on them now for over two months and it's time they were taken off. But, they know, they know, the difference between somebody that"a in trouble with a car, somebody who is waiting for a bus stop, or the prostitutes, they've had too much experience. Now, I myself have been on the Biscayne Boulevard a lot. Go out there about 10:00 o'clock, get off at 2:00 o'clock watching the activity on there. Anybody in this room could tell the difference going out there whether you lave been out there before or not could distinguish a prostitute. Of course, the law doesn't go as far as we'd like it, but according to our attorneys and our professor who wrote this law. I guess., they don't want us to go to jail. We'd like to see them all put in jail from now on. It would be a big help. Now, another thing I want to add to this is that this will take the handcuffs off the Police Department. And, as you know, our police sporadically have had a lot of men on the streets, they're one night, they're off two nights. The girls are being advised by their attorneys the same as the police are being advised their officials. They're watching the police the same as the police are watching them. At our last meeting here on April 27th, after the meeting adjourned Commissioner Plummer, was talking to myself and another officer of the N.E. Improvement Association along with two police officers, and he suggested we put about 30 police officers on the street. And, my suggestion here today, and I know you're say it's going to cost money, but in the long run you would find it would pay off because the economy is what's going to solve the financial problem of the City of Miami. We brought in quite a bit of new economy, new business into the Boulevard and since,the prostitutes are hack in drove , many of those people are becoming discouraged and we tell them to bear with it that this is going to happen, so if the City Commission would permit the Police Department to put, say, 15,20, police officers on the streets for a month or six weeks and let those girls know that they're out there every night and they're going to be picked up for prostitution; we think this would solve the problem and in the long run it would pay off because the economy would go up. We are very happy that this ordinance is here today on an emergency basis and we urge you to pass it. And, again I want to thank the people that put this ordinance together, and we want to thank this Commission. Mayor Ferre: Alright, Mrs. Rockafellar, thank you. Alright, will Ms. Marco St. James step forward and we'll recognize you at this time? Ms. St. James: Good afternoon, gentlemen and lady. This ordinance is deceptively dangerous, I think. On it's face it does not appear to speak of illegality but when closely examined as to its application and to its enforcement the unconsti- tutionality becomes clear. What is being attempted here is a new law with different standards of criminal procedures applicable only to prositution. This is done by a expandingthe stop and frisk law to the area with the only guideline being a reasonable belief of the officer and not the constitutionally mandated requisite of probable cause. The change effectively wipes out all past case law interpreting the 4th amendment. It also provides for the violation of the 5th amendment right against self-incrimination and supersedes the 6th amendment right to council by precluding the Miranda rights to suspect and by allowing the none.incustodial interrogation. The mandatory jail time provided for in the ordinance invades the judicial spear of discrimination, and we all know, I'm sorry, discretion rather discrimination. We all know that discretion is a better part r'f valor. It also makes it's operational effect violative of the 8th amendment, guarantee against cruel and unusual punishment. We're talking about a crime of waiving and standing and talking, all of which rights are guaranteed by the constitution and the Bill of Rights. What is blatantly obvious and certainly dangerous is the overall vagueness of the terms defining the ordinance which makes the ordinances itself vague and unconstitutional. Coupled with the lack of guidelines prescrii.ed for the cops., police of£icers,if you will, with. the unconstitutionality on a certain oppressive application,it will have and you will have dangerously 7 9 MAY 311978 potent and illegal weapon for the cops to effectively annihilate the Bill o£ Righta, especially got woinent especially for poor women and especially, fcf Slack women Who are oh the s.treets... I think there laws across the state, across this country are consistently used to enforce good taste along class and tace line, and they result in 50,000 women a year in the United States being criminally Zabel, for either standing on the street waiving or asking for money. I think. the community must realize the expense that the enforcement of these laws will cost, It's obvious that keeping a person in jail costs you twenty to forty dollars a day and when you have a mandatory sentence asking for 15, 30., and 6Q days. I mean, that's enough money to put the woman through some kind of educational training. That's enough to send her to college, that's enough to give her an alternative. And, I think you've got to look at what kind of ordinance you're trying to draft here. If you were drafting a nuisance ordinance that would require a witness other than a police officer then you would have a constitutional ordinance, but as long as you leave it in the discretion of cops and you say that it's only up to his reasonable or her reasonable belief then you're leaving it open for the violation of these people's Civil Rights. Mayor Ferre: Alright, thank you, Ms. Saint James. Let me express my opinion on this matter. This is not a court of law so we cannot determine whether or not the Civil Rights or the constitutional guaranteed rights of citizens are being trampled upon or violated or negated. We have because of the sensitivity of this item from a legal point -of -view askec our City Attorney to get expert advice and he has gotten expert advice. I assume that these very complicated matters with regarding constitutional rights have been carefully studied and that this ordinance has presented, is constitutional in its drafting and will meet the test which I'm sure it'll have to meet in the near future. I think what we in this Commission have to address is the matter of the definition of what kind of a community we want to have and I think that in recent Supreme Court cases with regards to pornography and other matters;the Supreme Court has gone in the direction of saying that each community must define for itself what it deems to be reasonable or acceptable. Now we had a dramatic case in the last year in the so-called Anita Bryant, homosexual rights vote in Dade County and we aaw that for example, in San Francisco, the same matter went to a vote and the results were different in San Francisco than they are in Miami. Some people conclude from that in San Francisco is an enlightened community and that we are a regressive community. Th,it's a matter of interpretation, you see, in my particular case I don't have any problems with my old tired ethics. I happen to believe in the old tired ethics. I believe in them very sincerely (applause) just as sincerely as ymu believe in the right to change those old tired ethics. That doesn't mean that I'm not sympathetic as some of you who have been working on matters of prostitution are aware that I am sympathetic. I am very concerned from the human point-ofview, from the rights point -of -view, and let me perhaps, sum it up by saying this, a newspaper person called me up and asked me if I was going to Leonard Haber'scocktail party and I said, why don't you explain to me what the party is all about? He said, well it's fund raising for COYOTE , and I said, well, would you tell me if the party is dealing with the social problems that come out of prostitution, the human problems, the civil rights problems, the human aspects of it, then I have no objection, then I would go. That person said, no, the fund raising will be to solicit money for this organization that wishes to legalize prostitution. Now, there we get into the old tired ethics argument again. Some of us are for gambling and others are against gambling. I have no problem with legalized gambling under certain circumstances. But Miami, Miami Beach and Florida is not the place for it. I just don't happen and it's not a moral problem. I just from a practical point -of -view don't see it. If it were so good then why is Puerto Rico,and why has Puerto Rico had such terrible problem with tourism in the last 10 years? It hasn't solved. Puerto Rico's problems. So in conclusion, (1) from a practical point -of --view and I relate that to the question of gambling, I think that prostitution is not good for the economic health of the community. (2). From a moral point -of -view and from a point -of -view of the ethics and .he reputation that this community wants I don't think that that's the kind of an image that we wish to have that happens some- where else. The argument of prostitution is old as humankind is acceptable, but that doesn't mean that this community has to accept it and since I and those of us that vote here are the elected officials who are elected by this community then I think it is incumbent upon us to represent what we think is the ethics and the moral standards as the Supreme Court has asked us to do and based on that it is my one opinion out of five and we'll see what the othere feel, 60 that this is a tatter that does impact the morality of the community and therefore, if we can find a legal constitutional way which I am sure this is, I at in favor of this. ordinance, Anybody else? Mr. Platter: I'll give you discussion now or doing the Vote., either stay. Mayor Ferre: Not go ahead. Mr. Plummer: Mr, Mayor..: Mayor Ferre: Is there a motion then, if you want to do it by.,./ Mr. Plummer: I'll snake the motion, They always told me when everybody fails /ill make the motion, Mayor Ferret Is there a second on the Motion? There's a second by Commissioner Rebos.o. Alright, Mr. Plummer. Mr. Plummer: Under discussion. Mr. Mayor, first of all, I'd like to ask is there anyone a resident of the City of Miami who wishes to speak against this ordinance? Established for the record, no one has come forth. Mr. Mayor, in the so-called if you wish landmark decisions of the Supreme Court, it was established that each and every community had its right to set its own standards. This Commission ,as always. trying to respond to the community have had an outcry from the people of this community that these are the standards in which they wish to set and I think Mr. Mayor, that this is acceptable. I have to believe in the honesty and integrity of the two people who in collaboration with our City Attorney drafted such an ordinance,and I feel that this is what we need to do. Although, let me say one other word. I think, the same people who have come before this Commission expressing what they feel these community standards should be,now have an equal responsibility to go forth to the courts in fact where. the constitutionality of this ordinance will be presented and establish within the courts that this is the community standards .Because if not in my estimation,we can write laws until hell freezes over and until the courts accept that this is what the community wants and this is what the community standards demand,l am convinced we can write no ordinance which would hold up. So Mr. Mayor, as far as I'm concerned, this Commission is responding to the community which has said we want to set the standards. These standards are set forth in this ordinance and I hope that we have complied with the ruling of the Supreme Court . Mayor Ferre: Further discussion., If not, call the roll please. Mr. Knox: I'll read the ordinance.. SEE NEXT PAGE. 61 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 38-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING THAT AN ATTEMPT TO COMMIT THE OFFENSES PROHIBITED THEREIN SHALL HE A VIOLATION OF THIS SECTION; FURTHER PROVIDING THAT A POLICE OFFICER ENCOUNTERING CIRCUMSTANCES REASONABLY INDI,t. CATING THAT A VIOLATION OF THIS CODE SECTION HAS BEEN COMMITTED, IS BEING COMMITTED OR IS ABOUT TO BE COMMITTED MAY TEMPORARILY DETAIN A SUSPECT TO ASCERTAIN THE NATURE OF THOSE CIRCUMSTANCES; FURTHER PROVIDING THAT NO PERSON SHALL BE DETAINED LONGER THAN IS REASONABLY NECESSARY TO EFFECT THE PURPOSES OF THIS CODE SECTION; PROVIDING THAT NO PERSON SHALL BE ARRESTED UNDER THIS CODE SECTION UNLESS PROBABLY CAUSE FOR SUCH ARREST SHALL APPEAR; FURTHER PROVIDE ING CERTAIN ELEMENTS WHICH MAY BE CONSIDERED BY A LAW ENFORCE- MENT OFFICER IN ENFORCING THIS CODE SECTION; FURTHER RENUM- BERING CERTAIN SUBSECTIONS; FURTHER PROVIDING MANDATORY SENTENCE TO CONFINEMENT AND MINIMUM FINES FOR VIOLATIONS OF SAID CODE SECTION; FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND IN ADDITION TO ANY PRESENTLY EXISTING PROVISIONS; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice Mayor Reboso for adoption as an emergency measure and dispensing with. the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon *Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Reboso, adopted said Ordinance by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8808. 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: Just one question to Mr. Knox, nothing in this ordinance designates which sex is being affected by it, this is across the board, correct? Mr. Knox: Yes, ma'am. Mrs. Gordon: The same criteria is applied to one as another? Mr. Knox: Yes, there is no reference to subject or anything. Mrs. Gordon: I vote yes. Mr, Angie; Mayor Ferre? Mayor Ferre; I vote yes. And, Rose I want you remember that I said, newsperson 62 and humankind so 1itn wottied. Mrs. Gordon: i know. You wete very good. Mayor Ferre: Thank you very touch ladies and gentletaen, Mrs. Roekafellar, Mrs, Rockafellar: First of all, I want to thank the Commission for passing this ordinance. Now, Ms. Saint James brought out a point that's bothering us for a long time. I understand the men that are arrested are just given fines and let go. We would like to have it so that when a than picks up a prostitute that he is also arrested and goes through the court the same as the prostitute does and we think this would be a great big turn ... Mayor Ferre: Oh, absolutely. Mrs. Rockafellar: ... for the prostitute that they can't just pay a fine and get out without their name being publicized, let them go to court and stand trial too... Mayor Ferre: Amen. Mrs. Rockafellar: ... because if the men are not the girls will soon leave. Mayor Ferre: You betcha. Grace, that's action number 11 of the City of Miami Commission and it goes like this, "what's sauce for the goose is sauce for the gander". Mrs. Rockafellar: We agree with you 100% and we thank you so much. Mayor Ferre: Jessie, you want to tell us about the goose and the gander? Mr. Mc Creary: No, not about the goose and the gander. I just want to try to eliminate her fear because in Section B, we do talk about assignation. So in most instances the normal instance it is the man who would be affected by that section. So we didn't leave anybody out. It's sexless. Mrs. Rockafellar: Well, Ms. Saint James brought that point out and I just want to know and I could use the standard... Mayor Ferre: Ms. Saint James did not... Ms. Rockafellar: so we just want to court also because the rest of us. ... I'm not a prostitute and I'm not promoting prostitution make sure that the men don't go scot free. Let them go to we think if a few of them do go to court it'll discourage Mayor Ferre: Grace, we've got to move on to other items and we thank you very much for your interest ... Mrs. Rockafellar: Ok. Thank you very much. Mayor Ferre: ... and I think we were well advised and thank you very much for your patience. 39. PERSONAL APPEARANCE OF REPRESENTATIVES OF PARENTS COALITION FOR DAY CARE PROGRAMS Mayor Ferre: Alright, at this time we're going to take up item #4, which is the request by the Day Care by the Parents Coalition for the Day Care Program. Where is Joyce? Who is going to present this this afternoon? Yes, ma'am. Ms. Zarria: STATEMENT IN SPANISH AND TRANSLATED INTO ENGLISH. Translator for Ms. Zarria: In English what she said was that the Parents Coalition will want to wait until after the vote on the ordinance and other facts that she discussed. We want to discuss these things after the vote. Are there any questions? Rev. Gipson; They want to wait until after the vote, 63 MAY 311978. Mayor Ferre Do you want to wait until after item 7 is passed hefore you Speak is that what you'•re saying? Translator for Ms. Zarriat Yes, sir, Mayor Ferre: I see. Alright. I have ho objections to that, unless you do. Somebody have an objection to that? Mrs. Gordon: I just wondered where the lady is who called for this? Ate you the one that asked to be on the agenda? Mayor Ferre: No, Joyce Lynch is the one who wrote the letter. Mrs. Gordon: Is Joyce here? Is Joyce Lynch here? Translator for Ms. Zarria: No, she couldn't make it today, Mrs. Gordon: I see, but your.., Translator for Ms. Zarria: The item will be discussed but we want to discuss it after ... Mayor Ferre: Are you prepared to discuss what Joyce Lynch ... I don't mean to, you know, say that... Translator for Ms. Zarria: Oh, no problem. Mayor Ferre: ... she's the only one that can talk, because I'm sure you've got an organization and that there are other people who can... Mrs. Gordon: Are you in concurrence on the delay Pat? Ms. Ramirez: I'm quite sure Ms. Lynch had to leave... Mrs. Gordon: I can't hear you. Mayor Ferre: She had to leave a quarter after three. Ms. Ramirez: Yes, I'm very sorry she was here but she had to .... Mayor Ferre: Will you be able to present the argument or the discussion? Ns. Ramirez: Yes. They are all ready to do it. 40. CREATE DEPARTMENT OF LEISURE SERVICES. Mayor Ferre: Alright. Now, does anybody have a problem having them to do it this way? If not, then we'll take up item 7 at this time which is an ordinance on 1st reading. You want to move it like you did last time, Rose? (INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mr. Plummer: Mr. Mayor, in reference is the discussion in order at this time for 7? Mayor Ferre: Let's see if we have a motion because if we don't then it doesn't make any difference? Mr. Plummer: Mr. Mayor, I make a motion that item 7 be denied. Mayor Ferre: There is a motion being made ... while you two are in conference, the motion is being made.... on this side that the motion be denied. Is there a second to the motion? Mr. Reboso: I second the motion. Mayor Ferre: There is the second, Plummer; Under discussion. Mayor Ferre; Under discussion. There is a motion for denial, 64 MAY 311978. Mt. Piumniett Mr, Mayor, let to speak very frankly and I hope that everybody Will give me the opportunity to be heard. And before anyone jumps in and wants to cut my throat hear it out because I've given a lot of thought* Mr. Mayor, I discussed with a number of the people from the Day Care Centeralttatters relating to the problems that they felt were there and whether or not Mr. Mayor; they would get up in public and stand before this Commission, they have expressed to me in no uncertain terms that they feel that Mr. Grassier and really, I don't want to make it personal but let'ssay the Manager, is hell-bent and that was the words used, on doing away with Day Care. Now, Mr. Mayor, if for argumentd.Ve sake I accept that as being true, which I don't. But for argumentive sake I think, what is trying to be developed here is some false allusion that by creating another department that is going to take Mr. Grassie out of the driver's seat. Now, we all know, we the Commission, that what were hearing is in fact the truth and the truth is that Mr. Grassie is the Executive Director of this City and as such, all activities ... Mayor Ferre: The commander in chief. Mr. Plummer: ... no he's not the commander in•chief. No he's not. I disagree. Mayor Ferre: The Head Administrator. Mr. Plummer: ... He's the Head Administrator, a big difference between that and the commander in chief. When the chips are down you're the commander in chief. Mayor Ferre: No. Mr. Plummer: No, you read your charter. What I'm saying is it ispa fallacy in my estimation to think by taking this thing out of Community Service where it exists today and putting it in Leisure Services if that is what is created, is going to take the control out from under Mr. Grassie. It's not going to happen. It can't happen. I am opposed...is that a violation of the Sunshine Law?... I am opposed aid have been to the creation of new departments per se all the way down the line. I think if anything this City should be eliminating departments. I think we've got too many of them. The authority and the response istoo diverse at this present time. Now, Mr. Mayor, I think what we should do,is in no uncertain terms express to the administration that this Commission wants and will stand for no less than first-class Day Care Center operation within the City of Miami and let the administration come up with a pla-: which they're going to have to administer that says that the bottomline is we're going to have first class Day Care Center operation. Mrs. Gordon: May I ask you a question, J.L., when you're finished? Mr. Plummer: Sure. All I am saying we are trying to tell the administration how they are going to run this program and if in fact the contention made to Or me is that the administration is trying to sink the program,then I say to you that the administration developing their own program easily identifiable as far as, the comments and the request of Mr. Gary is to budget. As I said, at a meeting once before the bottomline is the kids. The kids couldn't care less what department it's under. They couldn't care less about anything except what they, the child are receiving. History is repeated in this City. The more departments you create the less money you got to spend on the child. Now, I don't care how you hack it. You spend more money with more regulations, more department heads, more automobiles, more desks, more pencils, more papers, the less money you're going to have to go into the program. Mrs. Gordon: Can I ask you a question now, J.L.? Mr. Plummer: Sure, Rose. Mrs. Gordon: Right on target. Since you are opposed to the. creation of a department and you're really not that concerned as to where. it is going to be located other than that you want to keep another department fro coming into being: would I conclude that you have no objections to it being moved back to Parks & Recreation? Mr. Plummer: Rose, I want as Father said, using bia vernacular, I want to put the monkey on the administrations. back. 65 MAY 311978 Mrs. Gordon: Nell, ...• Mt. Flutter: t want to let them come and tell us how they're going to achieve first class Day Cate Centers..,. Mrs. cordon: Alright. Mr. Plummer: ... because they're the ones who have got to administer it. Now, if we the Commission, sit here and force something down their throats t don't have to draw you no pictures.... (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mr. Plummer: ... exactly what has already happened. Rev. Gibson: Mr. Fosmoen: Rev. Gibson: Mr. Fosmoen: Rev. Gibson: Let me ask a question. Do we have a preschool program? Yes, sir. Where is the preschool program? Parks and Recreation. You mean to tell me these two aren't kin? Mrs. Gordon: Uh, uh, they're separated. Rev. Gibson: Huh? Mrs. Gordon: Two separate.... Rev. Gibson: Mr. Fosmoen, ... Mr. Mayor, I want to ask this because you know, I'm not good at organization, people's my thing. You mean to tell me you have a preschool program? You know I'm an old man so children are not my thing, you know. You have a preschool program which deals with children and you got a Day Care Program that you got somewhere else? Mr. Fosmoen: Yes, sir. May I expand on that? We recommended to this Commission... Rev. Gibson: I sure is waiting to hear. Mr. Fosmoen: We recommended to this Commission, I believe it was in February that the Day Care Program be transferred and this Commission chose to leave it where it is, sir. Mayor Ferre: The date of that memorandum is February 7th. Mr. Plummer: That's right! Mayor Ferre: Let me read you the concluding paragraph."It is therefore, recommended by both the Department of Leisure Services and the Department of Citizen Services that the Day Care Program be transferred to the Department of Leisure Services on October 1, 1978:' Now. . Mr. Plummer: Sure, spend more money. Mayor Ferre: Well... Mrs. Gordon: We're not talking about that J.L., we:'•re talking about a incorporation of the two Day Care Servicea into one. Now,.. Rev. Gibson: Alright. Mr. Plummer; I don't have any objections to that. Mrs. Gordon: .,. well, if that be the case.... If that were the case then you'd be willing as I asked you before to, you know, move tt hack. to Parka and Recreation and they can incorporate the two programa and that would bring up a smaller per child cost factor which has been your concern. Rev. Gibson; I want to tell the public where I stand. I don't plan to vote for 66 another department for or against until such time as the real issue is atsweted that Mt. Gary pointed out to us. Now, you had the study, you made the sutvey, you all did the thing, and the man stood there and told you and you knots what we have yet to address their problem. Mt. Fosmoen: Commissioner, I assume that you're talking about a central accounting function for all grant programs and the administration is working towards that system. Rev. Gibson: And Mr. Gary, told you that you will never deal with this program until such time as You straighten out your finances. Mr. Fosmoen: That's correct sir, and we're working towards that now. Rev. Gibson: And that was part of your complaint, and it is significant to me that you aren't dealing with the real problem;that bothers me. Mr. Fosmoen: Sir, we are dealing with the real problem. Rev. Gibson: Say what? Mr. Fosmoen: We are dealing with that problem. Mr. Parkins presented to this Commission two weeks ago a major report in the financial status of that program. Rev. Gibson: Ok. I'll tell the Commission what I'll do. I'll vote for the Leisure Service Department and you have until next time to prove to me your sense of direction and I want some positive affirmative forthright action otherwise I'm going to tell you this, I'm going to do the other thing. I offer the motion. Mayor Ferre: No, no, they can't do that now because Plummer has already made a motion that this matter... Rev. Gibson: Alright. Mayor Ferre: ... now wait, wait, let me tell you what the parliamentary procedure is on this. If you want you can offer a substitute motion but I think, ...I guess no, we can't do that because the substitute motion is just the opposite so we can't do that we have to vote this one and then you can make your motion. So unless there is further discussion... Rev. Gibson: What do we do,vote it down? Mayor Ferre: Yes, we got to vote this one. f Rev. Gibson: Alright. Mayor Ferre: We got to wait now for a full Commission because I think this is I think, going to be a close vote. Mr. Plummer: No it isn't. ... Mayor Ferre: Alright. Call the roll. Mr. Ongie: Mr. Plummer? W. Plummer: Absolutely not. Mayor Ferre: No, you're voting with your motion. Mr. Ongie: No, we're voting on your motion to deny. Mr. Plummer: Absolutely for it. Mr. Ongie: Rev. Gibson? Rev, Gibson: You voted no? Mayor Ferre: No, he's 67 Mr. Plummer: The motion is. to deny. To deny the Department of Leisure Services. Rev, Gibson: Alright, I vote for it. Mr, Ongiet I'm sorry, Rev. Gibson: I'm voting rlo on your motion. Mr. Ongie Mrs. Gordon? Mrs. Gordon: I vote no, Mr. Ongie: Mayor Ferre? Mayor Ferre: I vote no. So therefore, that means that motion, your motion to deny is defeated 4 to 1. Now,... Rev. Gibson: I want to offer the motion to proceed on the first reading. Mrs. Gordon: And, I'll second it. Mayor Ferre: There is a motion and a second. Further discussion on the motion. Call the roll. Mr. Knox: I'll read the ordinance. Mayor Ferre: Alright. Further discussion. Call the roll on first reading. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING A NEW DEPARTMENT TO KNOWN AS THE DEPARTMENT OF LEISURE SERVICES, PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY THE CITY MANAGER; PRESCRIBING THE FUNCTIONS AND DUTIES OF THE DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner (Rev.) Gibson and seconded Commissioner Gordon and passed on its first reading by the following vote: AYES: Rev. Gibson, Mrs. Gordon, and Mayor Ferre. NOES: *Mr. Plummer, and Mr. Reboso. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Plummer: I think it's creating administration which will depleat funds from the program. I vote no. Mr. Ongie: Mr. Reboso? Mr. Reboso: No. Mr. Ongie: Mayor Ferre? Mayor Ferre: I vote yes. So the motion now passes on first reading 3 to 2. And, I think the administration understands the thrust of Father Gibson's statement before the second reading. 68 MAY 311978 41. CONTINUED DISCUSSION MEMEERS OP PARENTS COALITION ON DAY CARE P OGRA 1S , Mayor Ferre; Now, we're now on item IE4, Mrs, Lynchs 1'11 recognize you and your group to make your presentation. Ms. Lynch: We have many concerns right now. We've come to Well, almost every Commission meeting since then. Mr. Plummer: Ms. Lynch, I auggest you either identify yourself for the record or take the hat off. (laughter) Ms. Lynch: My name is Joyce Lynch. Alright, Mr. Plummer, we've come here since February asking that a specific problem be resolved. What you're doing in voting for a Department of Leisure Services to include Day Care Programs and hopefully,you will include all Day Care Programs. This is the ones that are contract services. This is the ones that are Edison Little River contract and the City of Miami Day Care Program. I hope we are all in agreement on that. Mayor Ferre: Let the record reflect Joyce, that that is the intention I think of the majority of the Commission that voted here today. every meeting; Ma. Lynch: Ok. Mr. Plummer: Just for clarification now, are you addressing those Day Care Centers which the City subsidizes also? Ms. Lynch: The City subsidizes, right, because... Mr. Plummer: No, I'm speaking to the ones for example, Ms. Lynch: St. Albans, the Dade County After School quite a few hundred thousand dollars ... Mrs. Ramirez; You mean the supervision of it? Ms. Lynch: Supervision, right. Ms. Ramirez: She doesn't mean we operate it. Ms. Lynch: No, no, not operate it, no. Mr. Plummer: Ok. that are ... Care Program, there's Ms. Lynch: I don't mean that you should operate it. Just to be specific, the City is spending quite a few hundred thousand of dollars in private non-profit programs. We're not asking that you take them over. We're asking that they should be included in any Dade Care Program totally so that professionals can Protect your investment, ok. That's the only thing that na concerned about When you're talking about all Day Care Programs. Mrs. Gordon: There is nothing wrong in that. That's theprocedure that we do with all agencies that we fund. We have a member that'a supposed to be a liaison. Ms. Lynch: But what we're facing right now is an extreme criaia. When we talked to you before about criaia we didn't bring people here today becausa we thought our problem was half way over but after discussion since. the last Commission meeting our major problems are not solved by any means. On next week a budget is going to he prepared for the next fiscal year, that our Day Care Program is going to have to live with and the parents and the child care committee still have no input into that decision making process, number one. Number two, positions are being eliminated, and we want to know if there is even going to be position& that are going to be budgeted for in the next fiscal year. We're atill talking about the nurae that was eliminated. We're still talking about an Assistant Director, who was told that her job. is over as of July 24th. We're talking about a Parent Involvement Coordinator which_was ao important to us. that you're in violation of the law on. We talked .about this the 69 mmor • MEW MEW MAY 31 last time and we still have gotten no answers. Rev, Gibson: Mr. Mayor, I... Mr, Fos.moen, I'm sitting up here like a fool, Did you hear what that lady said, all these positions,., well, who is really running this, who is running what? Mr, Plummer: Remember,Plummer told you Gib? Mrs. Gordon: Whose decision is it to do that? Mr. Fosmoen: Well, I think that that's a reasonable question sir, who it. running what? I think that what Ms. Lynch is suggesting is that the parents want to tun the program. Ms. Lynch: that's not true. Mr. Fosmoen: We have absolutely no objection to parent input but at this point the budget for that department in a very preliminary way is being prepared in Citizen Services. When that program is tranferred over to Leisure Services,that department will review the program,will review the budget. We are into a budget cycle again. There are not final decisions being made. This Commission knows that the budget isn't presented until late July early September. Rev. Gibson: Did you hear what the lady said? Now look, I run a budget and when you hear me tell the vestry that two secretaries are gone or two janitors are gone,that means that you know, they're gone. Did you hear what that lady said? Tell him again! Maybe I don't hear,I can't unders.tand. Mr. Fosmoen: I heard what she said. Rev. Gibson: Say what? Mr. Fosmoen: I heard what she said. Rev. Gibson: Well, now, if what she said is true and we are here, remember now we're legislating under one assumption. And you all, you see what I'm really hearing is we're playing... you know, we're up here like sitting ducks. I think that the Commission ought to instruct, ought to instruct somebody not to fool around with that money tusiness until such time as these decisions are made. Now, man ain't abount to... look, I go to the people;you don't go. That's what bothers me with this whole business. I go I get alltthe burning and you all don't get no burning. Mayor Ferre: Father Gibaon, moves as. I understood the motion that no final decisions be made affecting the Day Care Center Programs until this item on Leisure Services is finalized and if you need to do something on an emergency basis you bring it up before this Commission. Ms. Lynch: Well, what's going to happen to our children? We have no nurse. We have no parent coordinator. We're going to have a graduation. We don't even know the date of the graduation. None of the centers have gotten together. This problem is affecting the children. Mr.Plummer: All you're doing with Leisure Services my friend, and I'm not going to belabor, you're putting one more layer that's what you're doing. Man, you know what I want to do I want to hold the person in that chair directly responsible and 1 don't mean that he's got to turn to somebody to answer the questions. I mean that person in that chair keeping it from being an individual, is the person who's got to answer because when I tell that man and I look him in the eye and I say do this. This is my policy. I don't have to take excuses from anybody else. Now, if you're going to put one more layer in there and you know what,God is my witness,you're going to be back here again and again and again. And, you know what I hope I'm wrong. The day is coming when you're going to say what Gibson says, if we'd only listened. I'm sorry. You're taking $50,000 by the time they've. setup an administration. $50,000 is what it's going to cost by the time they model offices, buy automobiles, hire topnotch so-called help and I'm going to tell you something. Mr. Fosmoen; Commissioner, all of .,. 70 MAY 311978 Ms. Wila,oti: Could I speak? Mayor Ferret Sure. Mr. Fosmoen: .:. all of thoseitems that you brought up will be reviewed by this Commission at budget time. Mr. Plummer: That's October, Ms, Lynch: That's October. Mr. Plummer: That's October. What happens between now and October? Who do we hold responsible? Mayor Ferret A good question, Plummer. Mrs. Gordon: He's talking about last October J.L. Mr. Plummer: That's right. I agree with you. Ms. Wilson: Might I speak please? Ann Wilson. The problem that's brought up by Mr. Plummer, I have thought a lot about and I know we all have because I'm a taxpayer as everybody else in this room is. The administration is there Mr. Plummer if they leave it alone. There is an administration in Day Care;it doesn't need anymore. Secondly, it has cars and vans,if they're transferred properly when the program is transferred they shouldn't need anymore. I don't know what's happened to them. On April 5th, when we had a meeting with Mr. Parkins, he promised that the Child Care Committee and t h e parents would have an input into the budget for the next year. We have every year Mr. Plummer, helped with the budget. This is the first year we've been denied that privilege of helping with the City Day Care budget and we are not trying to run the program. We are trying to do what we've always done is help. That's all.So I don't it'll make layers of bureaucracy. I think it'll be a matter of transferring what's already there to another department. Mr. Plummer: Ann, I hope I'm wrong. Ms. Wilson: I hope you are too, sir. Mr. Fosmoen: Mr. Mayor, no one has been denied access to participating in that budget. You understand the Commission understands the budget process. No, we haven't denied anyone access to participating in that budget there's obviously some staff work that has to go on, you have to put numbers together in order for people to review them... Mayor Ferre: Well, you see, ... Mr. Fosmoen: ... and at this point, you know, we have a little difficulty in understanding exactly who it is that we're going to have review that budget with the staff. Mayor Ferre: But, Dick, look, you know when you have a wound and it's open, you know sometimes things... if you have a broken bone and you're walking around and it's mending,things that normally you wouldn't think of twice that wouldn't bother you become very painfully. Now, you know, you have a situation here where you have an open wound, you have a bone that's healing ok? So things that normally don't affect,become important, you know, now. I think what this Commission is trying to say in different ways and coming from different directions but it's basically the same thing and that is,you have to not only live up to the letter of the law but the spirit and that's what I think is important that you walk that extra mile during this period of time so that... that doesn't mean that you're going to bend over and do things that are wrong. Nobody is asking you do something that's wrong. Nobody is saying that you have to subordinate your role. Nobody says that you,the administration have to abdicate. No, it's your responsibility but I think under the circumstances as presented I think you would be well advised to walk the extra mile to live up not only to the letter but to the spirit. Mr, Fosmoen: Mr. Mayor, we have obviously, no objection and would welcome walking 71 the extra toile. There are times, when we are not cure who we are talki to... Mayor Ferre: That doesn't matter. Mr. Fosmoen: ... or with. Mayor Ferret The parents are the ones that you have to walk the extra mile ... Mr. Posmoen: Tint we have a Parents Coalition represented by Ms. Lynch. There are also elected parents from each of the centers... Mayor Ferre: Fine. Are you in conflict? Ms. Lynch: No, we're not in conflict. Most of the pres.idents have been. the Parents Coalition since it's inception... Mayor Ferre: Joyce, on your part, it's important since we are dealing with sensitive issues that you not....I'm not accusing you of,but you walk the extra mile, not to act unilaterally. When there are meetings make sure that the parent presidents of each Day Care Center are well informed so that you act as one in unison so that we don't have... I don't see,... do you really have any doubts as to who you're dealing with; is there a question on that? Mr. Fosmoen: Yes, sir there are some questions. Mayor Ferre: Tell me what the question is. Mr. Fosmoen: We have elected parents representatives. Mayor Ferre: Don't they work in concert with Ms.. Lynch? Mr. Fosmoen: Some of them do and some of them don't. Mayor Ferre: And, who does not? Mr. Fosmoen: There are, I can't tell you specific names, sir, By understanding is that there are parents in the Day Care Centers who don't necessarily agree with the Parents Coalition. Ms. Lynch: Mr. Mayor, the only thing that we have been asking for or one of the things we've been asking for is that Mr. Parkins and Ms. Evans come to the Day Care Centers for a meeting ,in fact, Mr. Parkins and I discussed that only a week and a half ago that they have a meeting of all the parents together and he and Ms. Evans come to speak to the parents as a group and that has not come to pass, nor have we heard anything about that. Mayor Ferre: I think that's a reasonable request, isn't it, Rob? Ms. Lynch: I mean after all... Mayor Ferre: ... you don't any problems with that, do you? Mr. Parkins: No, we don't have any problems with that. Ms. Lynch: So when it going to happen? Mayor Ferre: Can that be done soon? Mr. Parkins: Sure, if we can insure that we're going to have the elected representatives from the centers... Ms. Lynch: We'd like all of the parents to attend. Mayor Ferre; Would you on the record, so that we can calm the waters, say that yes, you're not acting unilaterally that you will give the opportunity and invite everybody, all of the parents, all of the.,, Ms, Lynch; Right. 72 MAY 311978 Mayor Ferret , , . presidents of all of; the groups and everything else, Oki Ms. Lynch What tae're asking is that all of the parents of all of the Children in all of the centers that is supported by the City of Watt have an opportunity to meet on our turf to see the Day Cate Center with Mr, Parking and the Interim Administrator of the program. Mayor Ferre: Ok. And, will you also promise me on both sides that you'll try to keep the emotions down and try to talk reasonably about all of the problems? I'm not making any accusations on either side, but let's. try... Ms. Lynch: We've been more than reasonable ... Mayor Ferret Alright, Ms. Lynch: ... but when we have to go to an office and get attacked we're not going to go to the office anymore. Mayor Ferre: Well, let's forget that, please for now... Ms.. Lynch: Right. Ok, but this is ... Mayor Ferre: .., and let's talk about tomorrow and not yesterday, ok? Ms. Lynch: Exactly. Mayor Ferre: Ok? Ms. Lynch: Uh, uh. Right. Mr. Plummer: You're not meeting on your turf,you're meeting on your tanbark. Ms. Lynch: No, we're waiting for the turf. Mayor Ferre: Plummer, did you have to do that? Ms.. Lynch: What we'd like to do is to get a commitment in this Commission meeting as to when Mr. Parkins is willing to meet with.ua, how soon? Mayor Ferre: We can't force Mr. Parkins to do that, ... Ms. Lynch: No, I'm not asking, I'm not forcing him, if he's just willing... Mayor Ferre: ... and I don't think you really want us to. If Mr. Parkins, wants to make a comment I would welcome that. Mr. Parkins: I'll be delighted to meet with you. Ms. Lynch, as you know, and I think in order to do it in an orderly fashion, why don't we get together with Ms. Evans and setup a meeting date? Ms. Lynch: Fine... Mayor Ferre: Is that alright? Mr. Washington: Mr. Parkins,.. I'm sorry. My name is Phillip Washington, 250 N.W. 45th Street. I want to address this to Mr. Parkins. Mr. Parkins, in having a meeting, could you help us in contacting all the parents of all Day Care since you have the addresses and the phone numbers of everybody , of all the parents? Mayor Ferre: That's a reasonable request. Ms. Lynch; Especially, since we are not allowed to hand out any fliers to the parents in the Day Care Centers. Mayor Ferre; Alright, hey, let's not get into yesterday now. Can that be done? Mr. Fosmoen: We will send the notices out Mr, Mayor and ask that a meeting be held. Mayor Ferret Very good, MAY 311978 Mr. Plummer: Rut, Wait a minute Mt, Mayor, just for clarification because I've got a probletn here. We're speaking now under the Leisure Services that the Day Care that operates the Little Havana, all of these programs which the city subsidizes and holds control are all going to b.e invited to this meeting,is that correct? Mrs. Gordon: That's not what she's talking about, Ms. Lynch: No. I'm talking about the four centers that are operated by the City right now. Mrs, Gordon: There are four centers that we operate and includes.,. Mr.Plummer: Then you're going to exclude the rest of the Day Care people from an input into this meeting. Ms. Lynch: No, the rest of the Day Care people are not actually operated by the City. You simply supplement their programs with funds from the City -so you're not really operating them, the City of Miami is not really operating them. Mayor Ferre: She's just talking about the three Day Care Centers... Ms. Lynch: Four. Mayor Ferre: ... Four, that the City of Miami presently operates and who, parents are having as you know these problems and they want to air them so I think that's a reasonable request. Rev. Gibson: Mr. Mayor, tell you what I also sense. I think that we ought to recommend urge, suggest, or instruct the administration to notify all of the people in the four centers number one, and that no meetings will be held prior to a 10-day notice you know, and that the notice be posted. Now, I have a personal reason for that and my personal reason is based on what I heard here. Now, how do we get that assurance Mr. Mayor? Mayor Ferre: Well... Mr. Fosmoen: Commissioner, it's not necessary to pass a motion. Let them tell you they will... Rev. Gibson: No, no, ... I want the Mayor to tell me because when you come back here if it isn't done, you know I don't want to be just talking in vain. You tell me Mr. Mayor? Mayor Ferre: I think that 10-day notice is a long time. Rev. Gibson: Alright, fine! The mail is slow that's why I want it published. I want it published as a visible point at every center, published so that every parent would get it and maybe you need to say that you know, as these children go home you give the children a notice you know, because...? Mayor Ferre: Alright, I think, Father you asked me a question and the answer is I think, it's on thetecord. I think Mr. Fosmoen, you understand what the situation is and I think we have to deal in good faith and we expect for you to do that as you always have in the past and we expect the results to be obvious and patent before this next Commission meeting,ok? Now, is there anything else we need to discuss at this time? Mr. Plummer: Yes. Mr. Mayor, I have to discuss something, because I think that the very thing that Joyce brought up is still being unanswered. We're talking about a meeting for input into budget, that's what the meeting is going to be called for, ok? Mayor Ferre: Plummer, as I understood it. I think that what Parkins said is that he was going to meet with them to discuss all of the matters that they're going to bring up. I'm sure that's going to include the budget. Isn't that exactly what you're going to be talking about? Mr. Washington: Yes, sir. 74 MAY 31197. Mayor Pettet And I'm sute Parkins sees the handwriting on the wall and is Certainly going to cote prepared to do that. Isn't that right Mr. Fosmoen? Mt, Vdsmoen: 'es... Mt, Plummer: In other words, it's going to be fot discussion of all batters? Mayor teere: Everything. Ms. Lynch: We'll have to have an agenda setup hopefully, because we don't want to get it into a totally itrational situation but we hope you realize that the problems are very great and we can't keep coming back .... Mr. Plummer: The problems are today. Ms. Lynch: ... for five months and keep telling you these problems are great, All we can think of is that you're trying to delay a decision until October. lst. Mayor Ferre: No. Mr. Plummer: Well, that's why I'm asking for clarification. Ms. Lynch: There are expenditures... I kept thinking is there expenditures being made daily. Now we want hopefully, to be allowed to give our input into what should happen with the program. We are bringing to you specific problems that are occuring right now. We still don't have a parent coordinator for graduation. We don't even know when we're going to have a graduation,if we're going to have one. Mayor Ferre: Alright. Ms. Lynch: Ok, these are problems that may seen like minutia but to the kids that are graduating it's the most important thing that happened in three years. Mayor Ferre: Alright, Joyce, we can't by repeating it three or four times isn't going to solve the problem... Ms. Lynch: I know, the thing is... Mayor Ferre: ... I hope ... Ms. Lynch: We hope that you're solve the problem by removing the department tomorrow so the problem will be resolved. Mayor Ferre: That cannot be done until the reading of the Second Reading, in the meantime, there is no reason why all these things can't be addressed. Mrs. Gordon: May I ask a question, Mr. Mayor? Mayor Ferre: Yes, of course. Mrs. Gordon: I can't imagine what could come out of the meeting with Citizen Services and the parents when we're discussing today the moving of that department out of there into another area. I think it's just an exercise in futility. I would prefer that we took a positive direction and ask the Manager to instruct his department head to restore the nurse and the other positions that have been removed that are critical to the care of the children. I am more interested in that than I am in a meeting of I scratch your back, you scratch my back kind of a thing. Now, what positions are missing that are critical to the program? Mr. Fosmoen: Mrs. Gordon... Mrs. Gordon: But I just asked Ms. Lynch a question I want to get the answer. Mr. Fosmoen: well, but who's determining what positions are missing that are critical of the program? Mrs. Gordon: People who understand and know what children need. I don't know 15 I'm not saying you don't but fit not saying you do, because I don't know of your qualifications in that direction. Mt. f'osoen: Commissioner, we have a qualified administrator in the bay Care Program and,.. Rev. Gibson: Who is that? Mrs. Gordon: That's a matter of opinion Mr... Mr. Fosmoen: No, it's a matter-of-fact it's not a matter of opinion Mrs. Gordon, because the qualifications of the person have been checked by HRD and she meets the qualifications. Mrs. Gordon: I am not addressing myself to her not being qualified or any- thing of that sort. I don't anybody twisting my words out of context, ok? Now, ... Ms. Lynch: If this person is qualified and no doubt technically the person is qualified , if we have an administrator who is concerned about the program then why hasn't this Interim Administrator ever been to the Day Care Center since she has been in that position? Can you answer that question for me Mr. Fosmoen? I thought she was administering a Day Care Program. Mr. Fosmoen: I don't know that she hasn't been out there. Ms. Lynch: We know that she hasn't been out there. Mr. Fosmoen: Well, I'm sorry, but I don't know that. Rev. Gibson: Mr. Fosmoen, why don't you pick up the phone and call her and ask her? Mrs. Gordon: Yes, I think that's a good idea. How long has she been on the job? (INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mrs. Gordon: Ok, let's find out how many times that she visited the Day Care Centers? Mr. Fosmoen: Fine. Rev. Gibson: Man, you know you all is... Mr. Plummer: Let me... Mr. Sullivan: May I say something first, please. I'm a concerned parent... Mr. Plummer: No, sir. I still priority by sitting here. Alright, sir, now if I'm not recognized then you win. Mr. Vice Mayor, I'll like to make a motion, that I tried to make before and as the Mayor said, we're all trying to do the same thing. That motion is very simple that we the Commission establish the policy that the administration has 30 days in which to bring the Day Care Center back to its fine standing of a first class Day Care Center period. Mrs. Gordon: J.L., there's no way... Mr. Plummer: Ok, you don't have to second it. Mrs. Gordon: ... no way, that you can accomplish that. There is no way unless you remove it totally from where it's present environment... Ms. Lynch: The one thing that... Mrs. Gordon: ... to restore the services that it hasn't got J.L..., Mr. Plummer: Rose,,. 76 MAY 3119/e Mrs. Gordon: ,,. I'u trying to tell you to be practical. Mr, Mutter: Quit fooling youraeif, a Rose,,, Mrs. Gordon: I'tn not kidding myself. Mr, ?iumtner: The City Manager is going to rust it, Mrs, Gordon: I have Mt. Plummer: As to the environment Joyce, did you not sit in my office and tell me that Mr. Grassie was dedicated to doing away with Day Care? Ms. Lynch: I told you that Mr. Grassie, told us he didn't believe the City should be in the Day Care business, yes. Mr. Plummer: Ok. Mr. Fosmoen: But, Commissioner... Mr. Plummer: A11 I'm saying... Excuse me, sir, I have the floor. Mr. Fosmoen: Fine. Mr. Plummer: All I'm saying is if you are of that believe as I said before, you're kidding yourself because unless Mr. Grassie is removed, who's going to be running it? You're kidding yourself, how are going to run it.... Ms. Lynch: We believe that's a fact. Mrs. Gordon: I believe that is not a fact, J.L. I believe the fact is that Mr. Grassie did not at the time that he said that to them believe that there was three votes on this Commission that wanted to survive that program and I believe that he would now change his mind and say something else if he had the opportunity to say so. Mr. Plummer: Rose, if I believe that we wouldn't be having the argument today that we're having. Mrs. Gordon: Well... Ms. Lynch: Mr. Plummer, it seems to us that possibly Mr. Grassie might regret right now having ever said that, made that statement. Mr. Plummer: He may. He did not make it in my presence so I'm accepting e- your word that he did. Ms. Lynch: And... Mr. Fosmoen: Maybe we can wait until Mr. Grassie gets here and find out his position is. Ms. Lynch: Fine... but what we're saying is right here and now, take the department out of Citizen Services, out of Mr. Parkins control. Mr. Parkins seems to be bent on removing many people who runs the child care committee and the parents considered vital to the working of the program and since he is the Director of the department and the City Manager can do that,why can't the Commission vote to remove the program today or tomorrow within 24 hours to either Parks and Recreation so that it can move into Leisure Services or create a separate office of its own until it can be part of Leisure Services? But to delay any longer even one more day is only destroying the hopes of the kids. That's all. Mr. Plummer: Please, let me correct you because you don't have to operate under a charter, we do, ok? Ms. Lynch; Right. Mr. Plummer: We cannot tell the administration who they shall put in, 77 Mayor Ferre: Not, as of tight now we cant deal with it. Mt. Sullivan. Ok. Well, just open the communication litres up between the people that ate running it and us please do that for us. Mr. Plummer: you're not accomplishing anything. Mayor Ferret Ok, so then we can't deal with it right tow, Mr. Plummer: No, you're not accomplishing anything. Mrs. Gordon: May I ask a question of you J.L.? Mr, Plummer: Sure. Mrs, Gordon: If there was a motion moving it to Parks and Recreation would you go along on that? Mr. Plummer: Sure. Mrs. Gordon: I so move. Mayor Ferre: I'll tell you, I think, that what you're doing by... I'll ask for a second, but... Mrs. Gordon: It could always be... excuse me,J.L.,.. Mr. Plummer: Mrs. Gordon: Mayor Ferre: Mr. Plummer: Excuse me. I moved it. I want to know if you seconded it. Alright, is there a second to the motion? Look, yes I second the motion. Mayor Ferre: Ok. Now, under discussion. I'd like to ... believe me in all good faith recommend that you not do this because what you're doing in effect is creating a problem which is going to really live to plague you because you're forcing an issue and I think you're going to lose more than you're gain. Don't do that. Mr. Plummer: That's why Mr. Mayor, originally I said put the monkey on the administration's back. Let them come forth ... Mayor Ferre: The administration, they have, it's it before you and here it is. It is a memorandum R.W. Parkins and signed by Albert H. Howard, this position. Is that correct? Mr. Fosmoen: Still a position. dated February 7th, you have to Joseph R. Grassie from is the administration's Mr. Plummer: Mr. Mayor, I said, put the monkey on the administration's back by instructing them without the creation of a new department. Mayor Ferre: Mr. Plummer: Mayor Ferre: Manager wants But that's not their... and give us the implication. But see J.L. Plummer, that's fine except that that's not to do. Mr. Plummer: Oh, I know what the Manager wants to do... I have seen the Manager wants to do.We now have twelve new departments. Mayor Ferre: If you force the issue in my opinion with all sincerity going to create more problems than what you're going to solve. Mr. Plummer; I agree. Mayor Ferre; Then, why ore seconding the motion7 what the what is, you're MAY 311970 Mt. Pluflmer: To atop the creation of a new department. Mayor Fette: Thattg why I say Rose, don't get Mt. Pluimner: Foot Mt. Howard ,is. over here having a heart attack, (laughter). Mayor Ferre: I just think that your, you know; it's a very dangerous thing to do, but I'll go we have a motion and a second. You want to discuss it further Mr. Fosmoen? Mr. Fosmoen: Simply, under discussion. It's apparent that there are some communication problems, I'm not prejudging on which. side but there are communication problems. It's also apparent that there are difficulties between the Parents Coalition and the staff in Citizen Services. It's also apparent that at the next meeting,th.is Commission,if this motion is not passed will create a Department of Leisure Services and the program.will be transferred to Leisure Services. Might I suggest a couple of ... Mayor Ferre: I wish you would. Mr. Fosmoen: ... things that could be done in the interim. First of all, the concern on the budget. The Parents Coalition and the Commission understand that we're into a budget cycle and the issues that are being discussed. Some of those things can change between now and October within the constraints of an existing budget. However, the principle concern is what happens next year and how do we go about building a good Day Care Program? Might I suggest that the Department of Parks and Recreation hold an election in each of the centers so that we know who we are dealing with as parents representatives, that we hold elections,... What? One step Mr. Mayor, that we hold elections in each of the centers so that we can have identified elected parents who the administration can deal with in two weeks when in all likelihood Department of Leisure Services will be created. And we can discuss with them the budget for the department. Mayor Ferre: Is that acceptable... ? Mr. Fosmoen: Secondly, there is a continuing concern on the part of the parents that we receive advice from people who are knowledgeable in the area of Day Care. Perhaps, it would make some sense if we solicited people to serve on a professional committee to assist the Day Care Administrator whoever that may be. Mrs. Gordon: We already have that committee Mr. Fosmoen. Mr. Fosmoen: No, I said, I'm sorry, Mrs. Gordon, I said professionally qualified people who are in the field and I'm not suggesting that the parents or the folks who are here are not qualified. I'm simply saying that we seek advice from people who are certified in the area of Day Care... Mrs. Gordon: Dick, you insult my intelligence by your statement right now... Mr. Fosmoen: And, I certainly don't mean too. Mrs. Gordon: ... and every other person that's here who is totally acquainted with this program since its .inception and knows the quality of the advisory volunteer personnel who are the highest and the best that you could find so to make a statement such as insinuating by your statement that we don't have it is ridiculous. Mr. Fosmoen: Commissioner, we have a Parents Coalition and I'm not suggesting that the people who are involved in the Parents Coalition don't have some good opinions about Day Care. I'm suggesting that we hold an election in those centers so that we can know who we're supposed to deal with, that's one point. The second one is I'm simply suggesting that we seek some professional advice from other people. Maybe there are other people in this community who would like to get involved in Day Care... Mrs. Gordon: What are you finding fault with the professionals that are now Bob, I don't understand you. Mayor Ferre: Rose, I agree with you and let's not get snookered off on another so MAY 311978 tangent that haa nothing to do with the problem before us today. I would advise you and ask you not to get involved in what's going to happen in a moment if this. thing passes. I'M not a preacher, that's Father's job, but I would remind you that in the old testament rampant throughout it is the statement that to the victor falls the obligation of mercy. Now, this is not a time for retribution which is what I sense is going to happen and I really don't think that this should be mixed in in this pot. t really think that what we should do is to look forward and not to look back and if you look forward and you do it as the Manager is advising you're going to have the good will of the Manager which you have to have. You have to follow his advise... Mr. Plummer: I heard that somewhere before. Mayor Ferre: ... his advise is to create a department of Leisure Services and to transfer the department of Day Care Center in Leisure Services. bon't get snookered. This is not the time to look back. You're at the point of Victory. Don't look back now. Ms. Lynch: Mr. Mayor, may I ask you something? Is it possible, I misunder- stood what the vote was to transfer to Parks and Recreation until the Office of Leisure Services is created. Mr. Plummer: I withdraw the second. Mayor Ferre: You made the motion not the second. Oh,no,I'm sorry you made the second... You see that's... don't you see what's going on here? Ms. Lynch: Yes, I see but I want to understand it. I mean, you're trying % so many votes that I'm lost right now. Mrs. Gordon: Yes, let me make it clear if I can. Ms. Lynch: Ok. Mrs. Gordon: The reason for the motion was because there was a sensing on my part that Commissioner Plummer's major objection to moving the Child Day Care Program was because there was a new department being created and not that he objects to the children being combined with the other Youth Programs that we have, the other half day program. In fact, that reduces overall cost and it's a very sensible approach to children care,ok. So, I made the motion which he seconded it. Now, the Mayor feels that since we made the other we passed the other ordinance on first reading that we should promote or go that route. I just wanted to find out where we stood on the other approach. I'm trying to find out. I wanted to really know whether three people or four people here or five people who would move it if it wasn't a separate department Mayor Ferre: Oh, I don't think you have to prove that to vote that's not the point. The point is what are you going to really accomplish by it, Rose? Mrs. Gordon: Combining the two Youth Programs, Mayor. Mayor Ferre: Yes, but the point is what you jeopardize by doing that is more than what you're to gain. Mrs. Gordon: Will you explain that? Mayor Ferre: Well, because I think that you have to live with the administration in how they're going to be doing all of this and it's a matter of time. Obviously, this is just a question of a couple of weeks now. I don't think that it's going to make a bit of a difference really in how you solve your problems in the next three weeks and I think it's better at this point since you're about to get what you've been wanting to do,to do it in a way that I think deals with the future rather than with the past because if this matter becomes a question where it is interpretered as a retribution then I think that you have to live with that. You know, if you live by the sword you're going to die by the sword and I think that this is not the time for us to be to look backwards. And I think, even if that is not the intention that's what it's going to be, that's the perception of it and I really think that you're better advised if you're looking for a good program in the future because otherwise you don't Si. MAY ;i1 1978 know what the will of this Coiliias.ion might be in October, you might have sote very sensitive spots. that come out and then you may have three votes now but you may not have three votes. when the budget time comes around and 1 Want you to know that the budget is. going to be very, very hard. I think that leave well enough alone is all I'm saying. Ann, I see that you're going like this... do you agree with that?... Good girl. Mts. Gordon: What did you say,Ann? Ms. Wilson: I'm a political realist. Mrs. Gordon: Well. Ms. Wilson: What I was saying Rose, I don't want to get involved. I can't get involved in the politics of the Commission nor would I want took One of the ways that I think this program has been successful is we try to keep politics as much out of it as we can and that's been one of the strengths of the committee. All I'm saying is that if... the move is made without the blessings of our Manager, I don't know our program will fair and that's. all I want to know. I want the program to survive and thrive in a good environ- ment and the good environment has to b.e the best place for it and I just don't want to get you know, in the horse trading business for the rest of you. I know you have to do that that's the real world. Mrs. Gordon: Alright, we'll wait for the Manager's recommendation on this matter and we can... Mayor Ferre: Do I take it that you're withdrawing your motion then for now? Mrs. Gordon: ... if I thought it would pass I'd say no. We'd have a straw vote. Mr. Plummer: Rose, can't stand to have an easy motion be put she know she can win and have it withdrawn... Mayor Ferre: Well, you know you have my vote... that's. not the question. You have the votes here. Mrs. Gordon: It's only a motion. It's not a resolution... Mr. Plummer: Rose, there's nothing to preclude you bringing it up in two weeks. Mrs. Gordon: I'll ask the parents for their help. Would you prefer that it be withdrawn or that it be voted on? Ms. Lynch: That ... withdraw. Mrs. Gordon: Withdraw? Ms. Lynch: ... yes. Mrs. Gordon: I withdraw. Ms. Lynch: The one thing that we.are asking... Mr. Plummer: The only thing that bothers me is when the Mayor starts wearing a Bible on his arms that bothers me. Father, he isgoing after your gig. Mrs. Gordon: When what? Ms. Lynch: Can we ask the Acting City Manager publicly in front of you since we're not involved in the charter violation, if he could at least guarantee it through his office that any of these movement of people will be stopped until something happens with the department? Mayor Ferre: Alright, Fosmoen. Mr. Fosmoen: I guess I'd have to respond. Well, first of all I'm not sure what movements we're talking about. There was a whole series of reports given to you at your last meeting you know, all of this was aired. I thought we'd gotten over that problem. Secondly, you know, I'm simply not going to put a hold on any change.in that department for heaven sakes; I don't know what's going to comeup in the next two weeks.. Mayor Ferre: She ia asking you to consult with them before you do anything, That is not an unreasonable request after you saw what just happened a Moment ago. The answer is very simply yes or no, Eitcuse me, Mr. Fosmoen: Mr, Mayor, I want to cooperate with the Parents Coalition.,, Mayor Ferre: Good, Mr. Fosmoen: Now, to ask that we consult on every decision that is made,.. Mayor Ferre: No... Ms. Lynch: No. We're not asking that Mr. Fosmoen... Mayor Ferre; She didn't ask that. Ms.. Lynch: We're just asking that you put a hold on any personnel changes in the Day Care Program until the program is transferred. Mr. Fosmoen: I'll be happy to cooperate with the Parents Coalition Mr, Mayor. Mayor Ferre: Is the answer yes? Mr. Fosmoen: Yes, we'll b.e happy to cooperate. I'm not going to guarantee you that we're not going to take any personnel actions without talking to the citizens.. I don't want issue is going to come up... Mayor Ferre: Fosmoen, we're in the middle of a crisis. This is not the time to make precipitous moves. Now in a moment... Mr. Fosmoen: I understand that and none of our moves will be precipitous. Mayor Ferre: That's all they wanted to know. Rev. Gibson: Mr. Mayor, let me say to this Commission what you all don't hear that I hear? Mayor Ferre: Alright. Rev. Gibson: The administration is going to do what they want to do after you get out of this meeting. That's what they're telling you... Mr. Fosmoen: No. Rev. Gibson: ... and let me tell you I find it hard. I want to make sure... I wish paper write this. I find it hard as hell to sit up here and take the fire of the community and you guys don't ever have to answer. (applause) Mayor Ferre: Mr. Fosmoen, I hope you heard that loud and clear... Rev. Gibson: That's right. Mr. Fosmoen: Yes, I certainly did. Mayor Ferre: ... alright, is there anything else to be discussed at this time? Mrs. Gordon: It worries me and you want me to sleep good tonight don't you Mr. Mayor? Mayor Ferre; What? Mrs. Gordon: It worries me something you said and I want you to clarify it for me. You said something about the tight budget, you said something about you don't know whether or not there'll be a program,... Mayor Ferre: Rose,., 83 MAY 311978 uiiiuriiirimrn Mrs. Gordon: ... Now., I'm very concerned because I hope that ... Mayor Ferre: You have ... Mrs. Gordon: ..4 because of the slip of the tongue and you didn't mean it that:.. Mayor Ferre: No, it wasn't a slip of the tongue. You have my assurance.. I can only speak for myself that I, when the vote comes around at budget time will be an advocate of a strong healthy Day Care Program,.. Mrs, Gordon: Alright. Mayor Ferre: ... as presently constituted but improved. Mrs. Gordon: Thank you, ok. Mayor Ferre: I was just saying that that might not have been the case. Mrs. Gordon: Ok. Alright. Rev. Gibson: I want to make this asanaside. One of my responsibilities is to he able to listen to people as they speak. That's what I'm paid for to be able to pick up what people say. There is no way in the world the kind of an attitude to some of the people that work for this City could survive in private business. No way in the world. What I want to make sure the Mayor and the rest of the Commission heard,was that lady said that certain people are already scheduled to be fired at the end of this coming month. I want you to hear also what the Assistant City Manager said. No, the Assistant City Manager made it his business to insist and get across to us that there was no commitment on his part to understand the predicament the Commission finds itself in. As a matter-of-fact, I don't think he gives a damn, ok. Now, all you have to do is to listen to what that lady said and I'm going to tell you something, if what that lady said comes true by the time she says it,I'm going to be the first to make a motion and ain't going to be a pleasant one. Mayor Ferre: Alright, thank you ladies and gentlemen. Mrs. Gordon: I wanted to just get an answer to the question we asked before. Did the Day Care Acting Administrator visit the Day Care Centers? Mr. Fosmoen: I don't know if we got an answer yet or not. Mrs. Gordon: Well, I want that answer before these people go home. Mayor Ferre: Alright, you want to answer that please? Mr. Fosmoen: I'm sorry she's ill today. I can't get you an answer. Rev. Gibson: Call her at home. Mayor Ferre: Well, I mean... let's accept that as face value. Mrs. Gordon: Mr. Fosmoen, can I ask you a question without infringing on the charter,if they need a nurse now how can they wait several weeks before they get a nurse for these children? Can you answer me that? Mr. Fosmoen: Mrs. Gordon, the functions that the nurse was performing was simply record keeping, and some training. She was not providing on site medical assistance. If there is an accident in one of the centers we call the emergency squad. We don't try and find the nurse and bring her' to the center. She was performing training functions and she was performing record keeping functions. ts. Ltynch: Well, there is no recori keeping functions being taken now, which is mpor ant. Mr. Fosmoen: Well, there are recortkeeping functions. Ms. Lynch: Yes. The children have to have special medication and it was listed that they needed the medicat:.on and now it's not being listed, She 84 MAY 311978 also took care of the allergy chart► I mean... Mt. Fosmoen: My impression is that those ate being taken care of. Ms. Lynch: We11... Mr. Washington: Mr. i`osmoen, the nurse, she also made sure that each child had their proper vaccination. The lady was very effective in het role and now she's not there and we need a nurse. What about the children who will be coming into the program, who's going to administer that? Who's going to make sure they're going to get their vaccinations? Mr. Fosmoen: That again, that was a record keeping function to make sure that they had received their proper vaccinations. Mr. Washington: By the nurse? Mr. Fosmoen: And, that issue is being handled. Ms. Lynch: See, that goes back again to what we said about firing. When were at the Commission meeting two months ago,,Mra.. Chandler got up and said can I speak now Mr. Mayor or should I wait? She was told to wait and at the next Commission meeting she had been fired already then the PTC Coordinator she didn't get to speak on her behalf and she was fired, that's why we'•re saying move it now because there is going to b.e repercussions. Mr. Fosmoen: Mr. Mayor, she was not fired. It's that simple. She was. reassigned but she was not fired. Ms. Lynch: Right. Pardon me, she was reassigned. Mr. Fosmoen: Well, there is a alight difference, uh? Ms. Lynch: Yes. She was taken out of her role a PTC Coordinator involving all the parents in the three centers and put in one center. Mr. Fosmoen: All of this was discussed at the last meeting.... Ms. Lynch: And yet you keep saying we want the parents cooperation... Mr. Fosmoen: ... we reassigned three other people to perform that function. Ms. Lynch: ... but how are you going to get the parents cooperation if you don't know what theparents are thinking? You already planned a graduation that the parents know nothing about. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Ms. Lynch: Really? Yes, they had a ... oh, by the way, you had one of your parent meetings last night which I attended. It was at Eaton Day Care Center. It was for election of officers. There were seven people there. Five Coalition members. They couldn't elect officers because there were not enough people, yet I asked that that meeting what are the plans for the graduation? Oh, the plans have already been made, I was told. The graduation is going to be in Little Havana Community Center. Did the parents vote on that? No. Maybe four parents made the decision. And the four parents made the decision about the graduation. You want the parents to be involved? Mayor Ferre: Yes. Mr, Fosmoen: Yes. Ms. Lynch: That's not involving the parents, Mr. Mayor. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mayor Ferre: Please, Mr. Fosmoen... Parkins... (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD), 85 Mayor Fette: There is a lot fhore involved in this then at stake. Ms, Zarria: Last year they had a beautiful graduation.... Mr. Foshoen: I understand that. Mrs. Gordon: You know it's really very bad. I don't understand it. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mr. Fosmoen: I don't know which question we're trying to respond to Mr. Mayor. We will be happy to meet with the Parents Coalition. We will setup meetings in each of the Day Care Centers. We will make sure that there is proper notification, We will send out notices of the kids so that all of the parents are notified. And these issues will be discussed. Mayor Ferre: What else do you want us to do? What do we want me to do? Ms. Lynch: Ok. How did they pick the parents to organize the graduation? Mayor Ferre: Look, we're not going ... Ms. Lynch: That's not how they did it. Mayor Ferre: Look, this Commission is not going to solve the problems of when you're going to graduate or what room you're going to use. Ms. Lynch: No, that's not what we're saying... Mayor Ferre: The manager has made a commitment to you. It's on the record. I accept that he is not lying that he is dealing in good faith, God help him if he's lying. Ok? Rev. Gibson: Right. Ms. Lynch: Ok, we were answering him. Mayor Ferre: I'll see you again. Mr. Plummer: I'm sure. 42. AUTHORIZE CITY MANAGER ENTER INTO AGREEMENT WITH ALLEN PORTER AND HARVEY GREEN FOR OPERATION OF THE PORTSIDE CAFE -RESTAURANT AT NEW WORLD CENTER/ BICENTENNIAL PARK. Mayor Ferre: Take up item #20. Are there people here? Mr. Allen Porter and Mr. Harvey Green? Mr. Howard: Yes. Mayor Ferre: Mr. Acting City Manager? Mr. Foamoen: This is on the lease of the restaurant at Bicentennial Parks Mr. Mayor. Mayor Ferre: Al? Mr. Howard: First I'd like to say we have bid this restaurant on three separate occasions and the first two we were told that we didn't have parking and nobody wanted to bid. We made a survey after the first one and had seventeen people respond to tell us why they didn't bid. The third time we sent it out we had the tram in operation. We had a parking lot and we had an attendance of over 9,000 a week in the park. Mayor Ferre; Al, are you satisfied that these gentlemen can do the job? Mr. Howard: Yes. I think these two men are sincere. I think they are going to do a good job. They've complied with everything that we've had in that 86 MAY 311978 agreement. Mayor Verre: bo they have experience at all in restaurant b.usinesa? Mr. Howard: One man has experience. Mr. Green has experience in a restaurant. They have never owned a restaurant but they've worked itt one., I think they are willing to try. I think they're going to have a fine menu of international foods... Mrs. Gordon: Fine. When will it be ready? When do we dine in it? Mr. Howard: The only... we're just waiting for the final word of the bank and the equipment company which will be amount to $2Q,00.0 investment getting together. I've been told that they will and as soon as that is done, completed I Would say they could start moving in within 15 to 30 days! but they roust obtain that. Mrs. Gordon: I move it. Mayor Ferre: Alright. Mr. Fosmoen: A contingent upon that. Mr. Howard: It's contingent upon that. The motion... Mayor Ferre: Alright. There is a motion by Mrs. Gordon. Seconded by Father Gibson. Further discussion. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-389 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE BID FROM AND EXECUTE AND AGREEMENT WITH MR. ALLEN PORTER AND MR. HARVEY GREEN, JOINTLY, FOR THE OPERATION OF THE PORTSIDE CAFE -RESTAURANT LOCATED AT THE NEW WORLD CENTER - BICENTENNIAL PARK, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon *Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson *Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mr. Plummer: I wish you well, yes. Mayor Ferre: We're counting on you to do a good. So I vote yes, and thank you. Rev. Gibson: Thank you all. Mr. Porter: Thank you Commissioners. 43. MISCELLANEOUS DISCUSSION ITEMS: (A) MONTY TRAINOR CONTRACT ($) BENEFITS FOR RETIRED EMPLOYEES (C) RECOGNIZEI7CTT VATTOORNEY FOR HONORS BESTOWED T. Mayor Ferre: Is there anything else to come before this Commission? Mr. Plummer: Yes. Wait a minute, wait a minute? I've got a few items. Yes. They're quickies. Mr. Mayor, what did we hear about the Trainor contract? Mayor Ferre: I don't know anything about it, Mr. Fosmoen: Mr. Commissioner, I attempted to meet with Mr. Trainor yesterday. Apparently, his attorney was out-of-town we were unable to meet. I'm trying to schedule another meeting this week with him. Mr. Plummer: Mr. Knox, where do we stand on the situation with the retirees pension? Mr. Knox: Alright. Now, we've investigated it. We are now waiting on a statement from the State Actuary that a plan to increase. the unfunded liabilities so that the pension benefits would be increases, would be actuarially sound.In his opinion, there is no legal impediment to increase in the benefit provided however, that there is no discrimination against incumbent employees and we're waiting... it would increase the unfunded liability of the pension and allwe want to know is whether that is an actuarially sound thing to do. Mr. Plummer: Mr. Knox, please keep Mr. Wilcox informed, He's keeping an awful lot of people informed. So I wi]1, as a favor ask you don't make him wait until it comes here to the Commission, as you have information, please give it to him. Mr. Knox: Yes, sir. Mr. Plummer: Mr. Mayor, two other very quick things. Number one, I think this Commission should recognize through the paper,in today's paper that our own City Attorney has been honored by ... I had it ... Mr. George Knox, Miami's First Black City Attorney, has been awarded a fellowship from the National Endowment for the Humanities and have been invited to a four week seminar at Harvard University and I think this Commission should recognize and appreciate that our own City Attorney has been so honored. Hear, hear, you've been honored. The next thing Mr. Mayor, I'd like to make a motion at this time that the Showmobile be made available for the Bus Drivers picnic at no charge that we waive the fee. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mr. Plummer: I think they got a problem on timing, the Bus Drivers Union... Claude Roth. Mayor Ferre: Ca11 the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-390 A MOTION OF THE CITY COMMISSION WAIVING ALL RENTAL FEES OF THE "SHOWMOBILE" TO BE USED BY THE TRANSPORT- ATION WORKERS UNION, LOCAL 291, ON JULY 29TH AT CRANDON PARK FOR THEIR ANNUAL PICNIC. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr, Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon �yor Maurice A Ferre ViceMayor Manolo a oso NOES; None. 88 MAY 31197E WOUgNMENT There being fto further hualftasa to cdte Wore rhe.City CotMitaliblit on :notion duly :wide and seconded, the tweeting vaa AdjoOthed at 435 P.M, ATTEST: RALPH O. ONGIE City Clerk MATTH/RAI Asaiatant City Clerk MAURACE A. PEARE Mayor 89 4 MAY 31 1978 11.11 ME CUMENT MEETING DATE: tNCOPPIORATED ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK RPEORT AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO EXECUTE A QUIT CLAIM DEED FOR THE PROPERTY AT N.W. 11TH STREET ROAD APPROXIMATELY 280 FEET NORTHWEST OF N.W. 14TH STREET WAIVING THE RENTAL REE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON DECEMBER 9, 1978, FOR THE ANNUAL CHRIST- MAS CHARITY BALL. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JESUS CASTILLO AND MARIA ELENA CASTILLO, WITHOUT THE ADMIS- SION OF LIABILITY, THE SUM OF $10,500 IN FULL AND COM- PLETE SETTLEMENT OF THIER CLAIM AGAINST THE CITY OF MIAMI APPROVING THE FINANCIAL PLANS FOR 400 SECTION 8 HOUSING UNITS FOR HOUSEHOLDS OF LOW AND MODERATE INCOME LO- CATED IN IJYNW0OD, TOWNPARK, CUU'MER, MEDICAL CENTER AND COCONUT GROVE. APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 74 FOR HARRY PEARIMAN AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MERCEDES F. ROMEU AND HER HUSBAND, SINDULFO ROMEU, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,305.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY ACCEPTING THE BID OF AVANTI PRESS, INC ACCEF1LNG THE BID OF AMERICAN FIDELITY FIRE INSURANCE COMPANY ACCEPTING THE BID OF BEN HURWITZ, INC. IN THE AMOUNT OF $4,400.00 FOR THE BASE BIDE FOR NEW FIRE STATION NO. 9-BUILDING DEMOLITION ACCEPTING THE BID OF F & F CONSTRUCTION CO., INC. IN THE AMOUNT OF $25,855.00 FOR THE BASE BID FOR CEN- TRAL MIAMI PARK -SEATING GALLERY & WALKWAY STAINING. ACCEPTING TIE BID OF F.N.M. CORP. IN THE AMOUNT OF $59,296.72 FOR THE TOTAL BID FOR DIXIE PARK PAVING PROJECT. ACCEPTING THE BID OF MARES BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $54,020 FOR THE DC 'JNTOWN Cc 44UNITY DEVELOPMENT HANDICAP RAMPS PROJECT. ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PRO- POSED AMOUNT OF $133,570.00 FOR THE "CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD. COPt1ISSION ACTION RETRIEVAL CODE NO. R-78-370 78-370 R-78-372 78-372 R-78-373 78-373 R-78-374 78-374 R-78-375 78-375 R-78-376 78-376 R-78-377 78-377 78-378 R-78-378 R-78-379 R-78-380 R-78-381 R-78-382 R-78-383 78-379 78-380 78-381 78-382 78,-383 15 16 17 18 DOCUMENT IDENTIFICATION ACCLYI'ING THE BID OF S AMOUNT OF $3,040,631.60 & MILT INC. , IN THE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HSJ-I FOOD SERVICES, INC., AUTHORIZING REIMBURSEMENT TO THE GOOMBAY FESTIVAL COM- MITTEE IN AN AMOUNT NOT TO EXCEED $6,000 FOR COSTS TO BE INCURRED IN CONNECTION WITH THE SECOND ANNUAL BA- HAMAS GOOMBAY FESTIVAL AUTHORIZING THE CITY MANAGER TO ACCEPT THE BID FROM AND EXECUTE AN AGREEMENT WITH MR. ALLEN PORTER AND MR. HARVEY GREEN. R-78-385 R-78-386 R-78-387 R-78-389 CODE NO. 78-385 78-386 78-387 78-389 Pan NNW rede M NW MW MN wof NW OW NW