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HomeMy WebLinkAboutCC 1977-01-13 Minutes've TY OF PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL • : ' „•„,.. • ' RALPH 6. ONGIE CITY CLERK .6111111F WW IMW ITEM NO. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13. 14. 15. 16-A 16-b 17. 18. 19. 20. 21. 22. 23. 24, SUBJECT ORDINANCE OR RESOLUTION PIO PAGE NO. INTRODUCTION OF NEW ASSISTANT CITY ATTORNEYS: AUTHORIZE CITY MGR MAKE OFFER TO ACQUIRE YWCA BLDG. WATSON ISLAND STATUS REPORT: FLORIDA AVE.- MATILDA ST. RECOMMENDATIONS: CHANGE OF NAME FROM HARDIE AVENUE TO HARDIE ROAD: GROVE KEY MARINA LEASE - AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION: AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION: EXECUTE AGMT-LEASING OF SUITES IN OLYMPIA BLDG. GROVE KEY MARINA LEASE - FURTHER DISCUSSION REVIEW OF MODELS FOR FUTURE PARK PROJECTS: RECEIVE SEALED BID -HAMMOCK SAN SEWER SR-5411-C &S PRESENTATION AND EXCHANGE OF FIRE APPARATUS; ALLOCATE $455.00 FOR EQUIPMENT AT JACKSON HOSPITAL: CONCLUSION OF PRESENTATION AND SPECIAL ITEMS: PERSONAL APPEARANCE -MAX FRIEDSON-SENIOR CITIZENS LAY-OFFS STATUS OF LAY-OFFS IN SANITATION DEPARTMENT: CONDOLENCES IN RECENT DEATH OF WILLIAM PAWLEY: ALTERNATIVE PENSION SYSTEM - OFF -STREET PARKING RATES -LOTS AND GARAGES: FUNDS-APPRO. FOR CULTURAL AFFAIRS OFFICE: APPRAISAL ON CONDEMNED BUILDING-183-185 N.E. 80TH TERRACE: AUTHORIZE CITY MGR. AND CLERK ENTER AGMT. PURCHASE OF REAL ESTATE -DEFER TO JAN.27.1977: ORGANIZATION OF AMERICAN STATES AGMT-DEFERRED TO LATER IN THE MEETING: APPROVE EMPLOYMENT OF ROYAL TRUST BANK OF MIAMI, N.A. CUSTODIAL SERVICES -SECURITY PORTFOLIO FOR RETIREMENT SYSTEM: 25, ORDERING RESOLUTION SR-5414-S: 26. ORDERING RESOLUTION SR-5414-C; 27 SR,5385-C OBJ. TO ACCEPTANCE OF COMP, WORK; 28, H-4374- OBJ. TO ACCEPTANCE OF COMP. WORK; M-77-1 (Reso.77-53) M-77-2 M-77-3 (Reso 77-50) M-77-4 R-77-5 R-77-6 R-77-7 R-77-BO-1 M-77-8 M-77-9 M-77-10 (1st reading) (1st reading) (1st reading) R-77-11 R-77-12 R-77-13 R.77-14 R-77-15 1 2 - 10 10--18 18 - 19 19 20--24 24--25 25 25--26 26--29 29-- 31 32 32 33 33 33--35 36--41 41--42 42--44 44 45 45--46 47 47--48 48--50 50 50 51 51 ITEM NO. !NIX AlPsswioFf8REARIDA SUBJECT 29. VIRGINIA KEY FILL PHASE II, ACPTG COMP. WORK: 30. ACPTG. COMP. WORK -NE 83RD ST. PAVING PROJ: 31 PLAT ACCEPTANCE-PERCIVAL GARDENS: PLAT ACCEPTANCE-TAVILLA REALTY ASSOC SUB: APPOINTING MARISA SCHERZER TO AFFIRMATIVE ACTION BD: RETIREMENT BOARD ELECTION - CONFIRMING LUIS DE JESUS, AND ANNE HARRIS: LEASE PURCHASE OF DISK CONTROL MECHANISM FOR BURROUGHS 1700 COMPUTER: CHANGE DATES OF CITY COMMISSION MEETING FROM MARCH 10 TO 17, 1977: CHANGE DATES OF CITY COMMISSION MEETING FROM MARCH 24 TO 31, 1977: APPOINTMENTS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION: APPOINTMENTS TO INTERNATIONAL FOLK FESTIVAL COMMITTE AUTH. CITY MGR. ENTER INTO AGMT-URBAN LEAGUE OF GREATER MIAMI:- (3 C.E.T.A. positions): 41 AUTH. CITY MGR. ENTER INTO AGMR- UNITED CEREBRAL PALSY ASSOCIATION: 42. AUTH. CITY MGR. ENTER INTO AMD..AGMT-BELAFONTE TACOLCY CENTER: 43. AUTH. CITY MGR. TO AMD. AGMT -CHRISTIAN COMM. SERVICE AGENCY, AUTH. CITY MGR. TO AMD. AGMT-COCONUT GROVE FAMILY CLINIC: AUTH. CITY MGR. TO AMD. AGMT-LATIN CHAMBER OF COMMERCE OF U.S.A. AUTH. CITY MGR . TO AND. AGMT. PUERTO RICAN OPPORTUNITY CENTER: AUTH. CITY MGR. TO AMD AMGT.- SABER, INC. AUTH. CITY MGR. TO AMD AGMT-UNITED FAMILY AND CHILDRENS SERVICES AUTh. CITY MGR. TO ENTER AGMT-DADE COUNTY NATL FOUNDATION MARCH OF DIMES: CLAIM SETTLEMENT-BEULAH JONES: CLAIM SETTLEMENT-ALEJANDRO GARCIA: AMUSEMENT RIDES PERMIT-80Y SCOUTS TROOP ##40 ORDINANCE OR RESOLUT I ON MO R-77-16 R-77-17 R-77-18 R-77-19 R-77-20 R-77-21 R-77-22 R-77-23 R-77-24 R-77-25 t R-77-26 R-77-27 R-77-28 R-77-29 R-77-30 R-77-31 R-77-32 R-77-33 R-77-34 R-77-35 R-77-36 R-77-37 R-77-38 R=77-39 52 53 53 54 54 55 56 56 57 57 58 58 59 59 60 60 61 61 62 63 63 64 64 65 I AiSisTMEMRIDA imiNO, SUBJECT ORDINANCE OR RESOLUT I ON NO. 53, 54. 59. 65. 66. Alb 67. 68. 78 AMUSEMENT RIDES PERMIT -CHURCH OF OPEN DOOR: AMUSEMENT RIDES PERMIT -BOY SCOUTS TROOP 'AU- ST. JOHN BAPTIST CHURCH: AMUSEMENT RIDES PERMIT- CENTRO MATER: WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM -NATURALI- ZATION PROCEEDINGS - U.S.D.C. AWARD BID -DRINKING FOUNTAINS, CEMENT BOLLARDS, SEATS AND TELEPHONE STAND-BAYFT. PARK AUD: AWARD BID -RENTAL OF BACKHOE FOR PARKS DEPT: AWARD BID-HENDERSON PARK TENNIS COURTS-1976: AWARD BID -MICROFILM JACKET SYSTEM SERVICE FOR BLDG. DEPT: AWARD BID-0. BOWL SAN SEWER PROJ. 1976: REJECTION OF BIDS -BREATHING APPARATUS FOR CITY OF MIAMI FIRE DEPT: MATILDA ST. AND FLA. AVENUE - BARRICADING: ESTABLISH DATES FOR HEARINGS-COMM. DEV. FUNDS: PROPOSED SISTER CITY -CITY OF BERSHEBA, ISRAEL: PREPARED RESOLUTION- AUTH. BID ON Y.W.C.A. PROPERTY: AGMT. ORGANIZATION OF AMERICAN STATES: INVITATION TO MEMBERS OF CITY COMM. TO ACCOMPANY MAYOR FERRE TO WASHINGTON ON FORMALIZATION OAS AGMT: VISITORS INFORMATION CENTER -POSSIBLE DEMOLITION OF CHEVRON STATION : LIQUOR HOURS -SCHEDULED FOR FEBRUARY MEETING: PERSONAL APPEARANCE -PAT SKUBISH REGARDING SANITATION DEPT. WORKERS -LAY OFFS: PERSONAL APPEARANCE - JOSEPH KAPLAN, ESQ. REGARDING CARPENTERS' PREVAILING WAGES AND FRINGE BENEFITS ON PUBLIC WORKS PROJECTS: PERSONAL APPEARANCE-TERESA SALDISE REPRESNEING GUSTAVO ZENOS: PERSONAL APPEARANCE-DANIEL EALEY- WAGES: MARINA DOCKAGE RATES -AND CH. 50: MARINAS AND GOLF COURSES TO BE PUT OUT ON CONCESSION AUTH. COMM. PLUM.MER TO TRAVEL TO CALI, COLOMBIA•- SISTER CITY: CITIZEN AND VOLUNTEERISM-NORA SWAN: R-77-40 R-77-41 R-77-42 R-77-43 R-77-44 R-77-45 R-77-46 R-77-47 R-77-48 R-77-49 R-77-50 R-77-51 M-77-52 R-77-53 R-7 7- 54 M-77-55 M-77-56 M-77-57 M-77-58 (1st reading) R-77-59 PAGE NO, 65 66 66-67 68 68 69 69 70 70 71 71 72 72 73 74 74 75 75-76 76--77 78--101 101--107 107--112 112--116 116 117 117--120 IfX • Ci1MSSi0J OF MIAMI, FIARlbi4 ITFM N0, SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. MEW EMIR Ell 79, URGE METRO TO EARMARK FUNDS FOR DOWNTOWN PEOPLE MOVER SYSTEM: 80, PUBLIC WORKS GRANTS TO CITIES: REMODELING OF OFFICES -SPACE IN CITY MALL: M-77-60 120--121 121 M-77-61 121--124 ti1��11fd,R�l�RIl��'AEl�I�E'! MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA ON THE 13TH DAY OF JANUARY, 1977, THE CITY COMMISSION or 'MIAMI, FLORIDA MET AT ITS RVEUL�RAMIMEETING FLORIDACINIREGULARTHE ISESSION� HALL, 3500 PAN AMERICAN DR THE MEETING WAS CALLED TO ORDER :23M0'CLOcK BERS OF A.M. BY UAYOHE COMMRISSIONICE A. FOUND TOR BE PRESENTS FOLLOWING Comm-i64 onen Mano.eo Rcboso Comm.iss.ionen J. L. PJeummen, Jt. Commi6stionet Rose Gondon Vice -Mayon Theodone Gibson Mayon Maun.ice A. Fenne L86 'PRESENT: Joseph R. Gnass.ie, City Manage/I. L. Fosmoen, Assistant C.L.ty Managen. Geonge F. Knox, City Attonney Ra.Cph G. Ong.Le, City CZenh. Matty Hindi, Assistant City Cienlz An invocation was d )LLvete.d by Revenend Gibson who then .those pnesent in a plLedge 0,6 aZegLance to the Stag. A MOTION TO WAIVE THE READING OFOFLTTHE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED 1, INTRODUCTION OF NEW ASSISTANT CITY ATTORNEYS, Mayor Ferre: Good morning, ladies and gentlemen. This is a regular City of Miami City Commission Meeting. With my apologies for the delay, which is my fault be- cause we had a press conference here with the University of Miami to announce a new cooperative agreement where we are going to open up what we hope to be a major art facility in the downtown area in conjunction with the University of Miami Lowe Art Museum. Before we go into the regular agenda I would like to recognize Mr. George Knox who is going to introduce the three new assistant City Attorneys to the City Commission and to the public. Mr. Knox: Mr. Mayor and members of the commission, I would like to introduce three new Assistant City Attorneys who recently have been employed by our office. First is Ms. Judith Hollander. Ms. Hollander is a 1975 graduate of the University of Miami Law School. She is a member of the New York Bar and the Florida bar and has been assigned to our Municipal Counselling Section. Mr. Arturo Alvarez, who is not related to Jose, is a graduate of the Univer- sity of Florida to and he has distinguished himself as a trial attorney in the States Attorney's Office. He has been assigned to our torts division. Mr. Clinton Pitts is a 1974 graduate of the University of Miami Law School and he likewise distinguished himself as a trial attorney in the Public Defenders Office and he will be handling our Police torts. Mayor Ferre: Mr. Knox, I wonder if Mr. Pitts and his associates could come up and we could shake hands and say hello to them up here? Mr, Knox: Yes, sir. JAN 131977 4 i AUTHOR I ZE CITY MANAGER TO MAKE OFFER TO ACQUIRE YWCA BUILDING (INCLUDES DISCUSSION REGARDING TRUSTEE ON UNIV, OF MIAMI AGREEMENT)k Mai►eir Ferre: At this time we'll take up the agenda, ttem "1 has been deferred. Ia that correct, Mr. Grassie? Mr. Grassie: That's correct, Mr. Mayor. Mayor Ferre: I think we need some more work on that and i hope that we Gail have it before the 27th. Mr, Grassie: Y. would expect so. Rev. Gibson: Mr. Manager, I hope, maybe I shouldn't mention this publically but I want it for the record so that when it comes back here it will be there. If the agreement is that we want to deal with the James L. Knight Center and that they will be paying us rent and that that rent would be in lieu of, since we are going to have to find the working capital there will be an escrow agent. I want to make sure that we, the City of Miami will have the opportunity to determine who the escrow agent ought to be. Now we have a right to win for ourselves friends too. There's a book on "How to Win Friends and Influence Enemies." That's a part of my hustle. And I don't plan for no New York bank or no New York agency to be the keeper of that money. Mr. Grassie: Trust depository? Rev. Gibson: Ok. So when you bring the agreement back if it isn't there you know from the word go I'm going to be voting against it. Ok? Ok. Mrs. Gordon: I have a couple of additional comments on the contract which I'll reserve and give to mr. Crumpton later as long as we're not bringing it up at this time. Mayor Ferre: Yes, and I'm sure we all have some thoughts and critiques of reser- vations. I think it's very important that we try to share those with the admin- istration so that we can have a package that should be debated openly but hope- fully in a very constructive kind of a way. I think we've got a serious responsi- bility, let me choose my words my words carefully. I think we have a serious re- sponsibility to proceed in this matter in such a way that we are both responsive and responsible to our constituents but aware of the human sensitivities of others that are involved on the other side of the fence. I don't in any way want to compare one group with, for example the Dolphins and Joe Robbie because there is no comparison in approach and intent and quality of the discussion and what have you. But what I think we have to avoid very carefully is any implications of adversary position. We are not adversaries in any way. On the contrary, we want to be partners and we want to be close partners. But I think we've got to be satisfied that our constituency and the University of Miami and the Knight Family and Foundation are all equally satisfied. It's like any other deal, it's got to be good for everybody. Mrs. Gordon: Mr. Mayor, it's appropriate I believe that I repeat my comment that I made to you and I made to the Manager this morning and to my fellow commissioners and to the public that I believe that we need to move rapidly in the area of try- ing to acquire the "Y" Building which is directly between our park and our convent- ion center for the purposes that it could be utilized for the use of the Lowe and any other art exhibits, Since the Dallas Park which is going to house that cul- tural exhibit is only a very temporary structure because part of the agreement with the university requires the removal of that building and the redevelopment for a garage. I know this is a Committee of the Whole, it's a session where we talk about our ideas and our thinking and that we not take specific action. How- ever, I would ask that we instruct the Manager to proceed to find out how we can make that kind of an acquisition at the least possible cost. Mayor Ferre: Rose, with all due respect to you i hope we haven't killed this thing just right now. As you know this is a very sensitive area that the manager is working on and I think by precipitously or before we have this thing further pinned down making it public which has just been done... Mrs, Gordon: It's been public, Mr. Mayor, it's been advertised very well in the community, Mayor Ferre: Well, T want you to know that I have not been working publically on this but I've been working very quietly and that I've been working with the 2 JArl 3 3 1977 balk groups as you have in doing this in a very very quiet way until it Was ail Set up. Now at this stage of the gable, you know--- Well, it's out now so i gilesss, then I think we May as Well make it all public and put it tight but it top of the table. Mrs, Gordon: Mr. Mayor, I really and truly donut think public business is private business and I don't like to work privately on public business. Mayor Ferre: Fine, then let's spill it all out. Why don't you go ahead. Mrs. Gordon: No, I'm through. And further than that, I'd like to make a recomE. mendation to the manager that the Committee of the Whole meet on a separate day apatt from a Commission day. To bring us in at 9:00 in the morning for a Com- mittee of the Whole, adjourn for lunch and then beginning a Regular Commission Meeting which continues and has items scheduled at 6:00 O'Clock in the evening I think is rather an imposition on any person's endurance. Mayor Ferre: Well now I'll express my opinion. My opinion is that I'd rather do it all in one day than to have to come in here a separate day. Now whatever the majority of the commission wants to do is ok with me. Mr. Plummer: Well, if you're asking for opinions, Mr. Mayor, you know I hate to bring up a sore subject but we're part time employees but I'd sure like to stay in that status and if I have to stay here a little bit longer on a given day I'd rather stay here a little bit longer and get the work finished because this com- mission some years ago before my joining it tried to go and instead of having two meetings a month had 4 half day meetings and they wound up just being 4 full day meetings with a lot of other stuff thrown into them which was not needed. I'm speaking one day, that's it. Rev. Gibson: Mr. Mayor, I want to get the job done. You know I have to preach for a living. Mayor Ferre: Manolo? Mr. Reboso: One day. Mayor Ferre: All right. Now on the question of the "Y" since it's already now public information, I would like, I think what we have to do, there's a committee meeting of the bank creditors involved and as you know there are something like 12 banks involved in this. I had hopes that this matter, that they would accept; there are a lot of people who are not easily swayed because I want you to know that the bank groups have over $3,000,000 into the "Y" Building. They're not over anxious to bite the bullet and my posture in all of this has been all along that we would not pay over a million dollars. I frankly think that that would be a good purchase for the City of Miami, that it is well worth that much. The shell alone is worth that much. The land is worth it so I think it would be an appropriate purchase. I think that the banks could construe it as a write off or as a donation to the city in the same way that Mr. Fineberg did with the con- vention center property. I know there is an awful lot of reluctance in this com- munity about so-called private deals and secret meetings and closed, but unfortun- ately when you're dealing with someone else's money they don't like to do it openly and pubiically until they've made a decision. And that's what we had to do with Mr. Fineberg and I know I was severely criticized by the Editorial Department of the Miami Herald for doing it that way. But as they in private have admitted, there was no other way to do it. It had to be done that way because otherwise we would have never gotten that land. And this is another similar situation. What can I tell you. But I think at this point, Rose, I think you ought to make a motion. Mrs. Gordon: I would also like to include in that, Mr. Mayor, that the manager apply for public works funds for the completion of the upper floors. It appears to me that it would be an eligible proposition. Mayor Ferre: Completion for what? Mrs. Gordon: The upper five floors of that building have never been completed in any way. They're shells. Whatever we need it for„, Mayor Ferre: That's important. Mrs. Gordon: exactly. I don't want to be tQp specific because my manager 1.0 quite capable of coming up with the best }ise of that spa.ee and f don't want to tell him what the best use would be, 3 JAN 1 ; j71 Mayo Vetted Well I do. MY's, Gordon: Well Ok, you tell him. But I want also to know, you to know and opinion should produce an everyone else to know that the lower floors in my o p ekdellent area for art displays and t do believe that we ought to allow the "Y" to have two floors, one floor, whatever spaces they need for the kind of needs that they serve to the community and for whatever period of time it seems reason- able to allow them to remain there. I make that in the form of a motion. Mayor Ferre: All right. For the purposes of discussion is there a second to the motion? Let's talk to that a little bit more. Mrs. Gordon: I separate it and make it that we instruct the manager to proceed to negotiate for the purchase of the building. Mayor Ferre: Is there a second? Is there a second? Well, hearing no second let me explain this a little bit further, and I apologize really for this has come up unexpectedly but let me explain this a little bit. I have asked the architect of the convention center, and I'm sorry that we have to do it this way because we're really not prepared. i would have preferred to have done it with drawings and maps and the whole thing but I asked the architects to go and sur- vey the building and to make an analysis as to just a rough idea as to what it was worth and what it would cost to finish and if it had any value. The answer is a very enthusiastic yes that they recommend, however, that we completely gut the whole upper floors and not have this as a rooming house or as a hotel room of any kind, that the spaces could be easily turned into office spaces that we could, for example house several city departments there; tt exam- ple perhaps rent out space to the United Way and to the Chamber of Commerce. I've already been in discussion with the United Way as to whether or not they would be willing to move so that we would have a community building at the "Y" housing community services, civic affairs and that type of a thing including the Chamber of Commerce, the United Way and perhaps some city departments. Now it's my opin- ion that that would be the best use for that space and that we could on a rental basis actually, and you're going to have to forgive me Father. but I think like a businessman and I'm always trying to figure out how we can a little return on it. And if we could rent that space out to the United Way or maybe make a condo office and sell part of it I think we could kind of pick that up for little, you know with a very small investment on our part. Or if we don't want to sell it we could lease it or rent. There are a lot of different things that could be done with the space. I do think that it is much too early for this commission to make that kind of a decision and I don't think that we should in any way commit ourselves to the YWCA, the United Way, the Chamber of Commerce or to any depart- ment in the City of Miami. I do think that the property is well worth a million dollars. I think that if we approach it logically that it is a good investment. I do think that we have the funds within our bond issue and within the funds that we have now and that hopefully we could get some federal grants as you know, and maybe we can discuss later on the federal government is reconsidering the City of Miami. And I intend to go up to Washington the middle of next week and I'm going to meet with the new Secretary of Commerce for the specific purpose of pro- testing the fact that the City of Miami was completely ignored. I'm relatively optimistic that we can get some funding. And as you know our $1 project is the convention center so I think we're going to be in safe ground. Mrs. Gordon: Mr. Mayor, I would also like to point out to you that part of the consideration that the contract will have with the university, they will be operat- ing a school, a hotel/school. There will need to be a place to house those stud- ents in proximity to that hotel/school. Consequently this building can provide the housing that is needed for those students as well as the other services that the building can house. That's the reason why I said to you before I don't have all the answers. I don't profess to be the person who has done the study. I am not going to do the study. We have professionals to do the study. But the build- ing has possibilities, funding sources are available and if we don't act now we may not have that opportunity to act at all. I move you that we instruct the manager to proceed to try to negotiate a reasonable purchase of the building. I don't hear a second. If that indicates that the other commissioners are not inter- ested in it then that's what it means. I still think that it's a good acquisit- ion and we should proceed to do it as rapidly as possible. Mr. Plummer: Mr. Mayor, let me make a few comments. First of all, Mrs. Gordon has made the comment to the rest of the commission - without a second we're not interested. Well, I can only speak for one and that's myself. I don't know whether I'm interested and I'll tell you why. Not only don't I have the answers, I don't have the questions. Now obviously Mr. Mayor, you and Mrs, Gordon and Grassie have entered into the possibility of acquisition of that building. 4 JAN 13 1917 NoW I t sitting here wondering what is going on because... Mrs. Gordon: I'm goingto correct you, Mr. Plummer, because it is a misstatemeht. I have entered into nothing with nobody. I have talked to nobody except this corning I commented to the manager and to Mr. Grassie of information that has come to any attention in the community and that's all. I don't want anybody here to det the Wrong impression. They got the wrong impression on Watson Island. Mr, Plummer: Can I finish? Mts. Gordon: Now you can. Mayor Ferre: You talk about today, you're limiting it to just one editorial board of one newspaper. I'm sure that's not the community as we've proven time and time again. Mr. Plummer: Mr. Mayor, we're talking today here surprisingly to me, about who is going to get this building and how it is going to be done and I'm just telling Mrs. Gordon that I'm not seconding the motion because I really don't know anything about it. Now all I'm saying is that I think all members of this commission should be fully aware of what's going on and how it's going on so that we can sit here - we, the five of us - and take it as it is. Then I can intelligently vote if I'm in favor of it or I'm opposed to it. Now other than, Mr. Mayor, the few comments that you made to me the other day about it I really don't know what's going on. And I don't think that it's fair to make a motion to ask me to second it or to vote on it. That's something, I don't know what's going on. Mayor Ferre: J. L., let me intercede here if I may with Father and with Manolo 410 and with you. And please, I'm not in any way trying to be critical, Rose, I would have much preferred as you know to have had this much further down the line and come to you with specifics and the recommendation of the manager and drawings and the whole thing. Now I know that is subject to criticism; that we would have come up with a closed deal. But I want to remind you that sometimes as in the case of Watson Island, as in the case of that convention center site with Feinberg, where you have to do things that way. Now look, let me finish. I want to tell you that there is 31 million dollars that has been invested in that building and that prop- erty. I am recommending to you, and I will second the motion, that we go on rec- ord because now that the cat's out of the bag or the horse is out of the stable it's much too dangerous for us to be hesitant on this. And I think it is approp- riate for us to make a motion and instruct the manager to make an offer to the Y.W.C.A. and the bank group holding the mortgages for $1,000,000 cash to purchase that property. Now, I know that you're not informed and you don't have all the facts. I'm sorry. That's not my fault. I would pleade with you that now that we've gone this far I'd like to ask the Manager's recommendation and his reasons and I would like to second the motion and vote for this thing so that the manager is instructed to proceed in making an offer. And my argument with you, and my logic is this: You don't need an appraisal to know that that 31 million dollar mortgage is well worth the million dollars and especially to us who own both sides of the property, the property on both sides. Mrs. Gordon: That's exactly the reason why we can't hesitate. Mayor Ferre: We own the park and we own the convention site. Mrs. Gordon: Absolutely. Mayor Ferro: So I will pass the gavel on to the vice -mayor and I will second the motion if the motion is strictly limited to instructing the manager to officially make a bid of $1,000,000 cash for the property, Is that acceptable to the maker of the motion? Mrs. Gordon: I would like to leave some flexibility for him to bring back to us what the best proposition could be, Mr. Mayor. I think that... Mayor Ferre: If you do thatose, you're going to weaken our bargaining position, Mrs. Gordon; Ok, I'll let it go that way because we can always negotiate it. Ok, Mr. Flummer: Mr. Mayor, under discussion I'm going to hve to vote against the motion. Until I as a commissioner have been fully informed as to all icamificat.- ions of the acquisition of this property I am not voting for it. I don't want that to .Reflect that at a later time after I have been informed that I wouldn't vpte for it, But I remember very well the acquisition of the property on S.W. 1 Street and 9th Avenue, And then I remember very well that the price of the property JAN1'1'17 0 Was great but all We have seen since that time is the tremendous cost of operating that facility. I don't know what it's going to cost to operate the Y.W.C.A. I don't know that the city needs that much office space or that much building. f want to know and think I should have the information that that's going to cost Us X number of dollars a year to operate. It's going to cost us X number of dol,, lets to convert it to whatever use it is going to be used for. I t&ink all of this information is intelligent information that must be had by this commission. When we went down to the situation at the old church all of a sudden we suddenly had to acquire additional property for this and additional and this agenda reflects that need. And to this date I could not tell you who are the Z.=upants of that building that this commission has not had the opportunity to designate the office space in that place for who it is being used for. If the underlying affect of the acquisition of the Y.W.C.A., and I might step on some toesv,is to have a City Hall in downtown Miami I'm opposed to it. Three times that thing has been pres- ented to the public and three times the public have turned it down. I for one am perfectly happy at Dinner Key and if that is the case of why we are buying that building then I'm opposed to it. All I want to say to you is I think--- Let me back up. Mr. Mayor, I have no qualms with you or any other one of the commis- sioners sitting here negotiating or preliminary hearings for the purposes of something good for this city. You proved that, sir, in the acquisition of the convention center. You proved that to me on the Watson Island situation... Mayor Ferre: And the Little Havana Community Center. Mr. Plummer: I have no qualms with that. But I think it is totally unfair to this commission to bring anything to a vote until all of the facts have been placed on top of the table. I cannot deny the fact that if anyone, anyone not just this city could buy that building for a million dollars then it sounds on the surface as a good deal, a darned good deal. But Mr. Mayor, there are more ramifications than just the actual purchase price of a piece of property. Because of that I have to vote no. Mayor Ferre: Father, may I respond? Mr. Plummer, I totally agree with the under- lying logic of your statement. However, there are other circumstances that must be weighed with your statement. The other circumstances is that unfortunately there are many t,.:.tors involved in this besides our own personal will or opinion or what the commission is willing to do. That's why it was my hopes that the bank group would first come to a conclusion that they were willing to sell it for a million dollars at which time then the manager would have come to the commission with maps, drawings, recommendations, economic studies and the whole bit and we would have had the architects here who would have said yes, it's a hell of a buy, we can do five things with it. We can make it into hotel rooms; we can make it into dormitories for students; we can make it into office building; we can make it into recreation and there are a tremendous amount of alternatives that can be done. Now I've gone into them and I happen to have that advantage. I know, for example, that we need to put another fire escape, that we need to make the access different, that there are several changes that need to be made. But, unfortunately now at this point, J. L., if we don't move forcefully now that, this thing is out in the open it seems to me, and I plead with you and recommend to you that you change your opinion on this because we stand a very good chance of losing the whole thing. So I really strongly recommend to you, J. L., you can't go wrong buying a property that's worth 31 to $4,000,000 for a million dollars. You and I have had a good working relationship and I think I've always trusted your judge- ment and you've always trusted mine and we've gotten along just fine on these things and I ask you one more time. I'd like this to be a unanimous forceful thing. I absolutely guarantee you that there is no way you can go wrong in buy- ing that property for a million dollars. Mrs. Gordon: You're right, Mr. Mayor. Mr. Plummer: Kr. Mayor, you know usually the reason that the horse is out of the barn is because the barn is on fire. And I remind you I guess of a joke which the lady came home and bought five pairs of shoes and the husband asked here "Why did you buy them, you don't need them," and she said, "Well it was a bargain" and she never wore them. Mr. Mayor, I'm sorry. I trust you a lot more than anyone I've ever sat with but until i have information that there is a need, just that piece of information. What is the building going to be used for? Wbo is going to be the occupants? I've got to have that kind of information, Mr. Mayor, before I vote. Mayor Ferre: J. L., it's not going to be a City Hall because it's not big enough to house all of the functions that need to be housed there. So you have my wore as long as I m sitting on this commission. I thought of it and Z thought it might be agood__= idea but it just practically can't work out so I woUld not, and i go JAN 131977 do r e.rd saying i Mould vote against it being at city; Mt. Plummer: Who is going to operate it? Mayor Ferre: I do want to tell you that we have, -We are cramped for spate, we are trying to clean up this park over here, and an awful lot of these departments could very easily fit, and very inexpensively fit, into that space. I can rattle off three or four alternatives for that space. No. 1, it could be office space for the Convention Center. No. 2, it could be office space for the University of Miami, and they would have to pay rent, No. 3 it could be office space for community things, like United Way, the Chamber of Commerce, etc, etc., etc. No. 4, it could be space for City departments. No. 5, it could be space for the Hotel School, No. 6, it could be the beginning of F.I.U.'s downtown campus, which we also want to bring down, the University doesn't want to work with us. So, there are many, many alternatives. All we are really buying is a piece of property in its shell, which believe me, is worth over 3 million dollars. If we can get it for a million dollars, that to me surpasses the deal with Feinberg. Mrs. Gordon: Absolutely, now, call the question, Mr. Mayor. Mayor Ferre: We bought a 9 million dollar property for 4 million dollars. And this is a better deal. Now, Mr. Manager, before we call the question, I would like to ask, -- you have to express your opinion on this. Would you please express you opinion, whatever that may he. Mr. Grassie: Well I have a little bit of difficulty Mayor, and I don't have some of the details, but in terms of the general proposition, I think that there is no question but that the property will fit in very well with what the City is trying to achieve. Mayor Ferre: I want Plummer to hear this. Where did Plummer go? Mr. Grassie: I think it obvious Mayor that the property will fit in very well with what the City is trying to achieve along the river. It is a sensible kind of an acquisition for the City. I am sure we can we can work out the questions of money, and the operations of the building. Mayor Ferre: Again I want to reiterate to you, all of you, that this is an opportunity that may not repeat itself and timing is a very important factor. Maybe this is all for the best Rose that you brought to a head today. Mrs. Gordon: Timing is extremely important. I brought it up because timing is critical,and becauuse I have an unfair advantage.I have 25 years of experience in reocognizing property values and uses of property, so I can't blame anyone who does not have that background. I do know we would be missing the boat if we don't act and act quickly. Rev. Gibson: Call the question. Mr. Reboso: I have to agree with Commissioner Plummer, that we don't have enough information. Mr. Plummer: My 25 years of experience has taught me to realize what a dead issue is. I vote 'no.' Rev. Gibson: Mr. Mayor and members of the Commission, I have not thought the matter through, but I run an institution, and sometimes I note that my predecessors were between the horns of the dilemma and often times they didn't buy property right around the church, and today I suffer from it. I am going to vote for it. Mayor Ferre: I will take the chair back, and at this point I would like to ask that this be a unanimous vote because if we are going out on this quest to try to purchase property for a million dollars, the majority of this commission has voted in that sense. I would like for it to be a firm offer, and I don't want any weakness to be apparent. That is your decision, but you consider that, both of you that voted negative? Mr. Plummer: I can't, I am sorry. Please, let the record fully reflect, 1 au not in opposition to this proposal. 1 JAN 131977 Mi flebosot I think it is a very important situation, but the fact that tart know anything on this right now. Mrs. Gordon: I understand. I have no feelings whatsoever against anyone who expresses themselves as they feel, but I would suggest Mr. Mayor that the Manager and anyone else who has information to furnish the other two Commissioners, do that as soon as possible, and I would suggest that we arrange an appointment for them to vitis the property and that they inspect it. Mayor Ferre: Ithink this is what we ought to do now, Joe, now that the horse is out of the barn. You had better move very quickly. I think right now, in the next half hour, I am going to start calling the banks that I have been dealing with to tell them teat has happened and ask them to call a meeting right away. I think that this should be broughtto a head very quickly, and you ought to get Hilario Candela working on this today and if we need to call a special commission meeting next week for purposes of discussing just this item, to bring it to a head, I think we ought to do it. Mrs. Gordon: I agree. Let's bring it to a head as quickly as possible. Mr. Plummer: What are you calling Candela for. What is he going to do? Mayor Ferre: Candela is the architect. Mr. Plummer: Why would he be involved in the Y. Mayor Ferre; Let me tell you why because obviously since the Y is next to the convention center, there is no way you can ignore the fact that it is going to be part of the Convention Center activity. So I personally asked Candela to go and study the building which he has already done at no charge to the city and not expense at this point, to see what needs to be done to make it a functional building tying into the Convention Center. And he has about 3 or 4 ideas as to what ought to be done. What I am saying is, that I think the Manager ought to get unanimous commission concurrence,(Manolo and J. L),--I think the Manager should come back with all the facts, drawings, costs, analysis of costs, and the whole thing, and hopefully get the complete concurrence of the commission. Mrs. Gordon: Mr. Mayor I might suggest if I may, that the Manager simply tried to arrange for an option for us to have sufficient time try to get together with advisors. Mayro Ferre: I am totally against that Rose. That weakens our posture. It is like the Feinberg deal. You fish, or cut bait. We have a motion that is passing the majority, to make an offer for a million bucks. That is an honest -to -goodness bona -fide offer to buy for cash. Mrs. Gordon: It is true, but I am not taking away I am trying to tell you that before you spend dollars, into any intensive free study, let's use our own staff working for the city. Let's see what they have to come advance studies after that. from that whatsoever. and Candela is not going . We have good, capable people up with and we can go into Mayor Ferre: Rose, we don't have architectural staff that has the capacity of Ferendino, Grafton Spillis Candella . Mrs. Gordon: Ultimately you will use them but at this stage of game you have sufficient talent here. Mayor Ferre: What I am saying is, the architects for the convention center so interested in the aspects of this, at this point I don't think you have money at all to get them to give you an opinion as to what needs to be done. Rev. Gibson:I am for buying the property. I want to tell you about that very same item we went into. I have a bald head which shows a lot of my hair is gone, but I have a good memory. I never will forget when we were getting the architect under contract for the police station. Mr. Manager you wouldn't remember this because you wern't here, but some people who didn't think the architect that did that work had the staff and all the other business. Everybody lauds that building today, and all I am saying is, I love brother Candela and the rest of them. Do I are any 8 JAN 1 3 1911 7 anymore? Mt. Plummer: Mr. Mayor, 1 art sorry that 1 have to ask the question. Where is the money coming from? We ate laying off 118 employees, we ate cutting back. Mayor Ferre: J. L. be careful. You are playing with dynamite, literally. Mr. Plummer: I think this whole thing is dynamite, Mr. Mayor. I want to know where the money is coming from. Mayor Ferre: Yo that we have to pay be spent for capital Mr. Plummer: Is center. u know well the money is salaries. You know these expenditures. this part of the money Mayor Ferre: Absolutely • Mr. Plummer: Are we going additional million dollars. Mrs. Gordon: Mr. Plummer: Mrs. Gordon: Mr. Plummer: not coming from the same piggy bank are earmarked moneys that can only that has been proposed for the convention to have to cut down on the convention J.L. may I make a suggestion? I want to know, Rose, one question. I'll answer you if you will let me. Where is the money coming from? Mrs. Gordon: If you will let me, I'll tell you. You revnue bonds. Mr. Plummer: Where is the revenue coming from? Mrs. Gordon:I am not making the plan for the building now. I am leaving that for professionals, but you can raise money through revenue bonds. Row are you going to raise the revenue. Mr. Plummer: If you have revenue bonds, that means that you guarantee bonds from the coming in revenue. center an Mrs. Gordon: Exactly. Mr. Plummer: Where is the revenue coming from? Mrs. Gordon: I am not making the plan this morning. I only brought up one sugeestion and that was to begin a negotiation. You don't buy the building until you find the contract. So therefore you yet have opportunity to get all the information we need and I really don't think we ought to belabor this anymore, because it is after 10 and we have a long agenda. Mayor. Ferre: I agree. Mr. Plummer: purchase if it is Let me have one assurance, that the money is coming for the to be a purchase, from the convention center. Mayor Ferre: Nobody has made that statement, at this point. The only thing we have done, is we make an offer for a million dollars cash for that in my opinion, there are many way to finance that three of them right now. No. 1, we can do it from convention site funds. No. 2, we can do it from a revenue bond issue based upon a long-term commitment from several area for rental. We could for example sign a rental agreement with the United Way, the Chamber of Commerce, and even some federal or state or local agencies, upon which we can float a revenue bond for a million dollars. and no assurance of anything have instructed the Manager to property. Let me tell you, that purchase, and I will enumerate Mrs. Gordon; Even Maurice, for housing those students we talked about before. JAN 1;! ;'JI. .�,ot Ferre: That is not a difficult thing to do. No. 3, I want to remind YOU, that this community passed a 25 million dollar bond issue, that could very easily fit into the pattern of bond issue purchases, if we go in and make this into a housing structure if we want to. I am not for that at this point, but that is one alternative. That is No. 3. No. 4, we could apply for public works money. I want to point out to you that the city is probably going to hopefully be a recipient of public works money for the convention center, which may release other funds for other purposes. No. 5, President-elect Jimmy Carter has said that he is going to go for another 6 to 10 million dollars of public works funds. I think hopefully we might apply for some funds that way would give us relief in other areas. Lastly, I want to tell you that we have not as yet made any commitments for about 30 to 40 million dollars worth of Florida Power and Light revenue bond issues which have not been earmarked. Hopefully we can use those for Watson Island but it hasn't been done yet, and I think, ---what I am saying is, that we have many vehicles and avenues for funding of the purchase of a one million dollar piece of property which, in my opinion essential for that whole riverfront area, especially taking into consideration that we are buying it for 30c on the dollar. Mr. Plummer: So the answer to my question is, it has not been determined at this time where the money is coming from, but you feel comfortable that the money is there. Mayor Ferre: J. L. this thing came out of the blue. What can I tell you? Is there any further discussion on this? A motion to submit a bid for $1,000,000. for the YWCA building was passed and adopted by the following vote : AYES: Mayor Ferre, Mrs. Gordon and Vice -Mayor Gibson. NOES: Mr. Reboso and Mr. Plummer. Said motion was numbered 7-1. (See Resolution No. 77-53 adopted later in the meeting.) 3, STATUS REPORT - WATSON ISLAND, Mayor Ferre: The next item before us is the status of Watson Island. Mr. Grassie: We have two things Mr. Mayor which we would like to do. One is to pass out to you a letter along with the resolution adopted a few days ago by the Downtown Development Authority. That has a recommendation which is being made to the City Commission, and that should receive some discussion from you. The reason it was not in your packet is that it was just delivered to me this morning. Since their meeting was held Friday I believe, that is the first item. The second thing I would like to do is, to give you a brief review and update of where we stand in this process of trying to reach some kind of agreement on Watson Island. Mayor Ferre: What? Mr. Grassie:----simply a brief reporting to you of where we stand in the process . Mayor Ferre: I would like to point out and here I do have a bone to pick and have said it public before, not with the editorial department of the Miami Herald, but with the senior editors —As a matter of fact with the senior editor, on this whole thing, I would like to point out that on 4 different occasiont I have expressed to reporters of the Miami Herald, and I don't know for a fact, but I have my suspicions that it was in the story, and that it was cut out by the city editors. Two very simple basic facts, which evidently have not seen the day of light at any time, in any page, of the Miami Herald since this thing began, and that is, that you and I,Mr. Grassie, and this commission have not been working on this unilaterally, all alone, that we have had the tacit approval of the Chamber of Commerce subcommittee, the Downtown Development Authority and what I would consider the business community. I would like to point out, on the record, for the record, publicly, that this thing has been emphatically, strongly and enthusiastically approved by the Chamber of Commerce, that the maker of the motion was Mr, Chuck Cobb, and the seconder of the motion was Mr. Alva Chapman, the president of Ritter -Knight Newspapers, in his capacity as a businessman, not with any connection with the Herald. I want to make that very clear, It has had the support of the full Chamber,that it got the Board of Governors full endorsement and that the Downtown Development Authority has also endorsed it, at the Downtown Development Authority, was met, ---Mr. Harry Hood Bassett Chairman of Southeast 10 JAN 131377 $ettk, f i': Ban dilij the tiresidettt of the second bathe in Miami tahich is the dity ^ National Bank of Miami, the Chairman of the Board of Burdines, and the only other name I have not mentioned is Earl Powell, the senior partner of Peat, Matwich and Mitchell. Therefore I am saying that the business community is fully in accord with this proposal. You have before you the D.D.A.'s resolution where it says the City of Miami proceed to try to work out an equitable agreement with Mr. Pritzker, the City of Miami explore the possibilities of sharing design costs with Mr. Pritzker, and the Mayor and City Commission give a negotiating committee enough flexibility to produce the best agreement with Mr. Pritzker or others that may be considered. As I recall, Angus, are you here? That motion was made by Hood Bassett and seconded by Dan Gill. Mrs. Gordon: Who is the reference in No. 3 Mr. Mayor to the negotiating committee. Who is the negotiating committee? Mayor Ferre: We are going to get into that in just a moment Rose, and I think that should be answered. J. L. there is one other thing I want to put into the record, because it has not seen, (I am sorry I didn't bring the letter) but I received a letter from Mr. Chuch Cobb and is dated the 28th day of December. I read this letter to the press. I think I sent a copy to all of you , as I recall. It specifically stated, this is a letter. from Chuck Cobb, presidetn of Arvida, and his capacity is cochairman of the Downtown Committee for the Chamber of Commerce. It went like this: 'As per your request, I have checked with Marriott and Six Flags, and they have answered me that they are not interested at anytime bidding for WAtson Island and they would perhaps consider negotiations on a 1/1 basis. Subsequent to that, Mr. Earl Powell who is the other cochairman of that subcommittee, called me, and said he had talked to Taft Broadcasting and the Taft Broadcasting said that with the way this thing had been bandied around and the publicity it has gotten in the local press, that they wouldn't touch it with a 100 ft. pole, and that they were not only not interested in not bidding, they didn't even want to sit down and negotiate. On the record I want to put to you, that the only the major company that I know of at this point, that is willing to bid this thing, and certainly got enough press all over the country, is the Corporation in Chicago. AS far as I am concerned, that is okay with me. If that is who we are going to bid with, we are going to have to get one t-idder, we are going to end up with and go that way. Lastly, the 3rd thing I want to get into the record, it is the opinion of the Chamber of Commerce subcommittee and of the members of the DDA that had discussed this. That the deal that we are hopefully coming to with Pritzker is, one first class business deal. They do not think we can duplicate that with anybody else. I am now quoting Mr. Chuck Cobb, Earl Powell, Hood Bassett, Dan Di11,Alva Chapman and Mel Jacobs, the Chairman of Burdines. These are the people that have been into all these that I have been bouncing off. I want to further put into the record I personally called several bankers in New York. I discussed this with several people who know something about this business and they, without any exception are amazed that we have gotten the kind of offer we have. They don't understand it. They think that Mr. Pritzker is not acting as a reational businessman and they wouldn't make any kind of offer nor would they hank or finance such an offer. Lastly let me say that, 1. also talked to General Potter of the consulting firm that did the design for us, and General. Potter told me, he said that is a lot better deal than we had recommended. You may recall General Potter's recommendation was that we spend 15 million dollars and then go out and ask the private sector to put up the balance. What we are proposing to do, is spending 20 million dollars, however that money gets returned to the City of Miami hopefully. Potter, after I described the deal to him said, if you can do that, you are way ahead of the game. That sounds like a good deal to me. SO I want to say on the record that I have as yet not had one business man, banker, financier tell me this thing doesn't make sense. The Last thing I want to read into the record, is the January 6th communication from the Chamber of Commerce, this is a motion made by Mr. Chuck Cobb, seconded by Alva Chapman. The following motion was passed unanimously, by the greater Miami Chamber of Commerce Board of Governors, at its meeting January 5th, 1977: 'Assuming its legality the Greater Miami Chamber of Commerce unanimously endorses the City of Miami Commission'@ 45 day option to Mr. Abram N. Pritzker,to develop Mi Amigo Miami, on Watson Island. We also assume the public nearing will be held before a final approval. I have sent a telegram to Mr. Pritzker trying to expres' the same sentiment. Mr. Chuck Cobb as Chairman of Watson Isla;nd stands ready to assist in any way possible. I personally believe :he main point that the governors would like to express is that we appreciate your deligent efforts in attempting to make our great city greater. Sincerely, Bill. Colson, President of the Chamber of Commerce.' 11 tit 1,1 1977 tTe last thine froth A legal point of view. Our City Attorney has researched t'We ate discussing, and basically has concluded that there are proper legal 4Vefiues we can take. We will be working this thing out so that we get a legal 6pittion from the attorney general. I have talked to the attorney general by phone and obviously we are not going to proceed on anything uless it is legal. So all that stuff being printed about the legality of it, is just a lot of hogwash, is just an attempt to skuttle and kill this project. In my opinion, it is not valid since we are not going to be able to proceed unless it is legal, I hope before we are finished, it will not only have the concurrence of our own City Attorney but that of the attorney general and I will even go further. We will go and test it in court if we have to, to make sure,(I am sure it will be tested in court) before it is all over. Mr. Grassie, would you now give us the second portion of it. Mrs. Gordon: No 3 in the resolution that we received from the Downtown Development authority. Mr. Grassie: Is that a question Commissioner? Mrs. Gordon: Yes, sir. The question is, who is the negotiating committee who ould receive the flexibility to produce the best agreement with Mr. Pritzker or others that may be considered. Are we referring to. Mayor Ferre: Let's trace that. When the report was made to us by General Potter and his associates, Mr. Pritzker was in the audience, made a statement and I appointed you and Joe Grassie, to be a negotiating team. As I recall, I think you are completely accurate in that. You completed that assignment and you brought this matter to the commission for discussion, and as I recall, at that point the commission voted unanimously to proceed. Since that time, the manager has been instructed, after that motion to proceed in bringing this to conclusion in a 45 day period with a written signed agreement. The Manager has been the negotiator in this matter. 1 have helped by calling on the phone and talking to Mr. Pritzker I think on two occasions, and I think I met with him once in your office. You and I met with Mr. Pritzker but there is no question that the majority of all of this has been done by Mr. Grassie. Mrs. Gordon: Was he the negotiating committee then? Mayor Ferre: He is the negotiator as instructed by the City Commission'a resolution in late DEcember, giving Mr. Pritzker 45 days to come up with a signed document and that is what Mr. Grassie has been trying to get to, and we are slowly moving in that direction. So, as our negotiator, Mr. Grassie, would you bring us up-to-date? Mr. Grassie: Yes, sir. Two things have happened and I think they are reflected in part in some of the discussion that the DDA went through before it came to the resolution you see in front of you. The principle effort of the Pritzker organization in this period has been to contact financial organization to determine whether or not he could get the kind of fiancial interest that would be necessary to raise the money for the project. The reaction that he is receiving is that there is good deal of interest but these organizations, these financial institutions, both banks and insurance companies, are asking for a more firm, specific kind of an idea of what they would be buying. They feel that the level of detail that we have in design for the park at this stage, is not sufficient for them to know really what it is that they are buying into. So the preliminary result is, that we are probably going to have to get to a more finished design before we can finish the financing question. I would concur in what is outlined here in the DDA resolution, (I think I participated in some of that discussion) and it made sense to me at the time. Basically, what I think we have to do is to allow ourselves enough time to produce a more of a finished design. But I think we should also have some shared risk in this process. I don't think it should be simply the city's risk in paying for the design. I think we have to establish a upper limit for that. The only way I know of to do that, is to talk directly with some of the people who would be making those designs, who would be doing that work and getting a cost estimate, a budget from them. WE do not have that at this stage, until you tell us that is what you want us to do. Mayor FErre: Is it 50 thousand, 100 thousand, or 200 thousand, or what? have to give you rough ideas? Mr Grassie:When the staff was talking about the design phase, initially. m ;., .1' 1 '1 ?77 We e informed, I atr talking about discussions had by out staff as tttat d§ fi at 8 months ago. They were told they should expect to spetid i omeiahete 1tt tit+ neighborhood of 200 thousand dollars for designs. Mts. Gordon: What? Mayor Ferre: Sure. Let me put it to th:_s way. If I were to build a 10 ttti111oii dollar building in downtown, tomorrow, okay if I were to sit down and say Rose, I want to deal with you, because you have credibility in the banks, and you have a lot of credit, and a track record and all this, and I want you to joint -venture this with me. And I were to take you a little sketch, of what I want, then you were to say to me, wait a moment. I am not going to get involved in this deal until I know what I am getting into. Now, you go out and get yourself an architect, and get me some drawings on the design, and I wont a quotation from Bobby Turchin, M.R. Harrison and Frank Rooney as to how much that building is going to cost. Your 10 million dollar building may be 15 million dollars. So what pritzker in effect is saying, is, for me to make an intelligent agreement, I have to know what this thing is going to cost. He in the meantime has been talking to Sesame Street, and all these other designers, and Is guess what he is saying is, that for us to know which way we are going, we need a little more than an ink drawings and brochure, which is all we really have right now. In other words, the design that Potter,(let's keep our eye on the ball), what we got from General Potter, Father, was a feasibility report, and as far as a design point of view was only a conceptualization but in no way is it a finished design, no way do they estimate other than an rough way of what it is going to cost. I want to tell you, at the DDA discussion, I said in my opinion, we should not extend beyond the 45 days and that is how I feel about it. The discussion went on for about a half an hour or 45 minutes, and it was the consensus of everybody there without any exception, J.L. that I was wrong, and that for anybody to intelligently give us a real honest -to -goodness figure, that we had to take the next step of getting a little .pit into, we had to have a design of some sort. As I remember,(Mr. Crumpton, was it you or John), somebody said, that perhaps this could be done for about 160 thousand dollar:,. Two hundred? Oh, I remember now, Hood Bassett said why doesn't Pritzker pay for half of it? That is why he is finding it part of the resolution, the City of Miami explore the possibility of sharing in the design cost with Pritzker. It was, as I recall, Mel Jacobs, Chairman of Burdines, or Mr. Bassett, I forget which, who said, that what we have to understand, which is the thing we all keep forgeting, is that Pritzker is gong to have to finance or come up with 20 million dollars. That is the one key thing that nobody has been willing to come up with so far. Be clearly understands that that is the way it is going to go, that the City of Miami can only guarantee 20 million dollars. Rose, and gentlemen, without that, in my opinion, without somebody coming up with dough, we don't have anything. I don't think the City of Miami, at this stage of our history can afford to guarantee 40 million dollars for an amusement park. I and all of us, have been willing to go to 20, to go beyond that, --give or take a. little bit here and there, I think we are kidding ourselves, if we think somebody is going to come in here and put up 20 million bucks to have the right to do this. I agree with the vice-president of Bank of America, who told me, I just don't know why Mr. Pritzker has any interest in this at all, frankly. There is only one of three ways this thing can get off the ground. The City has to commit 40 million dollars to it, No. 2, somebody has to come up with 20 million to match the city's 20, No. 3, Mr. Pritzker or some other big corporation has to sign on the dotted line. Mr. Pritzker told me he was not going to do that. If the guy is willing to do that, or he, or his company, Amen. So I recommend that we follow the Manager's advice and that we follow the DDA's recommendation in pursuing this matter at this point in this way. Mr. Grassie: So we understand what the advice is, Mayor, I believe it was my suggestion that we ask Mr. Pritzker to share in the cost of the study, because I do think if we are going to get into a design study,.that there has to be some kind of shared risk in the process, rather than the City take all the risk involved. Although it is a design for our property, I think it makes sense if we are talking about a specific developer, that there be that shared risk. Mayor Ferre: That means, if Mr. Pritzker backs out, and he spends his 100 thousand dollars, those are our plans. ile can't come back and say we have to pay him for them, Mrs. Gordon: What is the time element Mr. Manager with regard to producing this report, Is it going to be completed, and will the 45 days still hold? Mr. Grassie: Two things. Just so you understand the recommendation. The basic recommendation is that we do to them and try to get them to agree to finance half 13 tht design cost. That is the first step, If you are asking the to estimate know long that would take, t would estimate that the design process would probably take between 4 and 6 months. Mrs. Gordon: Then you are extending the option, in effect, aren't you? Mr, Grassie: There is no option involved at this stage. It is a question of out getting the design done, and attempting to get somebody to pay half the cost of it. Mayor Ferre: Joe, that is not quite accurate. Mr. Pritzker doesn't have an option in the legal, strict sense of that word. He certainly has an agreement with the City of Miami Commission based on our resolution in December, that you were instructed to come up with an agreement within 45 days. In my opinion, -- let's keep oranges and apples straight, what Mr. Pritzker is saying is, that he cannot come to an agreement unless we agree to proceed with a design and if at the end of the design period what Potter says can be done, can't be done, he wants out. For example, if Sesame Street, or whoever comes in and helpts to design this thing, it is going to cost you 50 million dollars, Pritzker says, not me, buster, you go find somebody else. In effect, what we are saying is, okay, Mr. Pritzker, that is what you want, the City of Miami, if we move today, would agree to do that, provided however, one, that you pay for half of it, and No. 2, when it is all done and over with, if you walk away, whatever is done, is ours. No. 3, if what General Potter and E.R.A. say can be done, can be done, you are going to proceed, No. 4 that zou sign an agreement within the 45 day period that we have already given you. *aye told Mr. Pritzker that. I told Carolyn Weiss, if you don't sign an agreement within the within the next now 30 days, or whatever it is, that is it. The last I heard from Carolyn, well, Mr. Pritzker might be willing to do that, provided however that he knows that you are going to proceed. I say what is it? This is a chicken -egg situation. You sign the agreement and we will proceed with the design. We want Pritzker to pay for half of it. That is where we are at. Mrs. Gordon: Mr. Mayor I have some very conflicting feelings about this whole thing. We agreed and I was one of those that agreed to give him 45 days to test the financial market. What we are moving into now is a whole new ball game in my opinion. We are now discussing a 6 month tie on this property and an additional investment on the part of the City. If Mr. Pritzker was a person who was sincerely capable and interested in doing this development, then it appears to me that he should be the sole responsible person for development of plans that suits him. Now, if he is going, to be a participant into the joint investment for the plan, then his input is going to be in it, and our dollars are going to be in it. And it might not be the same plan that a subsequent developer might find acceptable, or might not be the plan that someone else would want. So I think we have been very fair. We have given him time to test the market, we now, if we are going to make an investment in further plans, we should make that investment without any strings attached to it, and we should then go to the market place with complete plans and get the best buy the city can get for the city. I took part in the initial negotiations, which was the proposition that was pre- sented to us originally which was totally unacceptable. I put my input into that, and the subsequent arrangement is an off -shoot of some of the ideas that I presented. I am not part of negotiating team. I don't intend to abdicate my responsibility to any negotiating committee, quote, un-quote, as it says in this resolution. I strongly urge this commission to be very careful about extending a 6-month hold on this property, even though the optionee is a person who is going to participate in the cost of this development plan. Mr. Plummer: Let me get my comments on the record. First of all Mr. Grassie correct me if I am wrong. It is my understanding that this commission passed a resolution giving Mr. Pritzker 45 days in which to try and find the funding. The date that was into effect was January 2. The clock would start running from that time. Likewise that motion gave him as I recall until the Monday morning I think about 72 hours to either exercise that option or not. It was my understanding that he did exercise that option. So then in fact there is an agreement present with Mr. Pritzker that he has a 45 day option starting on January 2. Is that correct? Mr. Grassie: That is correct commissioner. Mr. Plummer: My problem is this, if we were to, at the conclusion of that 45 days, go out to public bidding, as I can recall of the 7 years I have sat here, people who came forth with development plans of their own, I am very leery of spending 200 thousand, or a hundred thousand of our money, for a design plan 14 JAN 1 1977 • • ift which s. hatred company would pay half of the cost and my concerti would be that thatde sign plan would be something which would be suitable to them, not necessarily to us or if we went to public bidding to someone else. Now, I realize that the Miami Amigo, was conceptual, it was not hard and fast drawings. But here again, I don't think this city should be placed in a position of asking private companies to come forth and bid, based on a hard and fast design ?lan, that 50% of the money and 50% of the input was by a named company. t wouldn't want to bid on that, because if I was going to bid, I would want to have the opportunity likewise, to put in 50X of the input into what I was going to own and operate so I just have great reservations. I will tell you this, if this city wants to go the route of making design plans, going further than the conceptual, something in hard and concrete design plans, I would not do such for an individual company. It would he a design plan 100% put forth by this city. Mayor Ferre: You have to pay for that. Mr. Plummer:I understand Mr. Mayor but at least we would have a plan that would be open to any and all people. Mayor Ferre: I think Plummer is right. Don't shake your head, that is not such a bad idea. Mr. Plummer: The more important factor, Mr. Mayor, that I would like to consider, is that it not cost the taxpayers of this city anything, that we let this 45 day option run, if Mr. Pritzker is unable to raise the money or to make some kind of agreement with the City, that we go out to public bidding, if it is to be and let the people come in and give us a design plan. They are going to operate i t . Mrs. Gordon: That is right. Mr. Plummer: They are the ones who is going to say, here is what we think can go and can't go, we don't want to work with Mr. Pritzker's plan. He had an idea for Seseme Street. I am going with Mickey Mouse, and my concept will be entirely different than Mr. Pritzker's. My thinking at this time is, that we let this 45 option which we have given, run. If in fact at the end of that time, no deal is reached with Mr. Pritzker, then if the city makes it decision, do we want to come up with a design plan, we pay for it, we design it and we go out to public, bidding. That is my feeling. Mrs. Gordon: Or we go to public bid and perhaps perspective developers present their own plan. I believe they would prefer that. Mayor Ferre:D E A D. Dead, dead, dead. That is where we are heading. We are heading for the same place we have been. You know where we have been. Nowhere. This is like the mad hatter and Alice. Alice says to the mad hatter, 'would you like some more tea? The mad hatter says to Alice, 'you mean you are wrong, you mean, would like less tea?' Alice says that doesn't make any sense and the mad hatter says I have no tea at all now so obviously I zouldn't get more, what you mean is do I want less tea? That is where we are headed. This is a mad hatter deal. Mr. Plummer: Let me tell you about that mad hatter because if this thing is D E A D, it was nothing that J.L. Plummer said or Rose Gordon or Maurice FErre, or Joe Gr assie;--it was the statement you made from one of those high-priced bankers in New York, 'Mr. Pritzker would be foolish to do such a thing' and to put his name on the dotted line, he is not. Mayor Ferre: That is his decision, not yours. Mr, Plummer: He has already indicated that he is not. Mayor Ferre: That is wrong. That is not so. He has indicated to me, that he will, and that is exactly the crux of the matter. Let me see if I can synthesize this whole thin;. Rose Gordon says that Mr. Pritzker had 45 days to test for financial. market. That was the statement that was made. What Mr. Pritzker said, there is no way, I can test the financial market because I do not have the instrument to test the financial market with, because when I go to Chase of the First of Chicago, or Bank of American, or Prudential or Equitable,(and I have) they say, what is it you want to do? And when I give them the E.R.A. and the Potter report they say this is just somebody's sketches. 13 •.;3197? �s. Gordon: How much did we pay for those? Mayor Ferret What was it, 35? I want to point out to you, those sketches, • the 'Value of them, are not the sketches, ----those are the pretty pictures to show, the value is, the economic feasibility study. That is not a design: It is an economic, feasibility study. You cannot go to a bank and finance a 20 Billion dollar office building in downtown Miami with an economic feasiblity study. You have to have that. You also have to have a preliminary, or a finished design package so that a contractor can say, Mr. First National, it will cost us approximately 20 million dollars to build that building.'Mr. Pritzker is doing nothing more and nothing less than what an intelligent, prudent investor has to do before he puts his name on the dotted line. I would like to commend to you that the Chamber of Commerce has fully endorsed that we proceed in the way that I have outlined to you. That the Downtown Development Authority has passed a resolution as has the Board of Governors of the Chamber, that we not be fearful, that we not be timid, that we not be trepid in our endeavors and in our vision of what we need to do. There is no other viable candidate so far. Just like we moved boldly inot the Little Havana community center, and like we moved boldly into the Convention Center, and like we moved boldy to develop the Dinner Key Marina, I recommend to you again that we, backed by the Chamber of Commerce, backed by the Downtown Development Authority, follow the Manager's recommendation, that we move into this thing. That No. 1,(and I will pass the gavel to you) and so move that the city of Miami proceed in trying to work out an equitable agreement witn A.N. Pritzker or his associates, that to that end, we proceed with designing, and we would control,(I agree with Plummer's statement) the design, we decide who designs what, 100% with his input naturally, that we would ask Pritzker to pay for half of it, that the amount not exceed 200 thousand dollars, that the time frame of this be five months, no more than 5 months from today, that the property be at all times the City of Miami's, in case Pritzker backs out, that before the end of the 45 days from January 2, which falls somewhere in FEbruary, that Mr. Pritzker sign an agreement with the City of Miami, spelling out carefully what it is that is to be done and the responsibilities of all parties, and that this be brought back to the commission for final concurrence and vote, at which time anybody on this commission has the right to vote yes or no. And I so move. Mr. Plummer: Under discussion, two points, I wonder Mr. Mayor, I guess my timidness and interpretation as you call it, may be trepidation,(I'll look that up and see whether I qualiy) is based upon the fact of the total disinterest by all the rest of the people. That tends to tell me something, and what it is telling me is, that it is a bad deal. Now, that is right off the bat. My second thought Mr. Mayor, we, the City did not ask Mr. Pritzker to come here to this commission meeting the day that he did. He came of his awn as far as I know. I have only met Mr. Pritzker that one day here. I never talked to him prior to that. I have never talked to him since then.You know, the one thing the man impressed me with, I will now use against him, and that was, the man says, 'Mr. Commissioners, don't play games with me. If you want to move, honest and you are sincere, then let's get down to brass tacks, don't use me for leverage against other people. Mr. Mayor, it is my feeling presently, that if Mr. Pritzker is honest and sincere, as he was that day, but he doesn't want to play games, he wants to get downt to brass tacks. I was in favor of it that day, I am in favor of this day. But to continue this thing on out, I am opposed to. Mrs. Gordon: May I make my comments, Mr. Mayor? My impression of Mr. Pritzker also was very positive, on my first encounter with him, which was in this commission chamber. My further contact with him at the dinner I attended with the Manager, and with Mr. & Mrs. Weiss, Jack and Carolyn Weiss, to further the understanding of what Mr. Pritzker had in mind, was a broad outline of a proposal, very broad, and one that was refined later with the Manager and with his staff. Now. I went along with the 45 day option because Mr. Pritzker asked for in writing a period of time which I believe I recall to be 90 days and which at that same meeting you shortened to 45 days. Right? Okay. Now, we are going into an entirely different kind of a concept and I am not in favor of an investment on the part of the City. In my opinion, if someone receive' the privilege of being the sole bidder which is what is happening here and now. That person has to participate 100% in the investment of a plan, not a partial investment, no further involvement on the part of the city, that is the consideration for receiving, if in fact, we may be foolish enough to give him that additional time, But that is how I feel about it. I don't think I want to spend 100 thousand dollars of our short supply of dollars, to go into any further plans. If Mr. Pritzker wants j ,TAN 131977 itW st his money) and do it we might consider ektenditig the option, but I might consider going in favor of that, but certainly not on an ekpenditute basis. Mayor Ferre: Rose, we all want to go to heaven but nobody wants to die. The problem is, we are going on uncharted waters. What we are in the midst of doing, has never been done and therefore, I understand the hesitation. I want to say for the record, there are members of the press here, and it isn't just the Miami Herald. Channel 10 also editorialized against us. I want to say again for the record, I think the press is not only entitled but has an obligation to ask the questions, the tough questions, editorialized, to do what they have done. I have no obections to that. I think that not only is appropriate, I think it is correct, and I think it should be done. They are the conscience of this community. They need to keep our feet on the fire and make sure we do the right, honest and fair thing. I have not problem with that. My only problems in all this, is that I think it is important that both sides of the picture be expressed. My only problem is, that a lot of these important factors have not been brought to light publicly, in some sectors. I do think that it is very important to press the point, that the main companies in this business, the Taft Broadcasting Company, the Marriott Corporation , Six Flags, Great Western, have expressed to people that are knowledgeable in this business and in the banking community, their lack of interest in this deal, No. 1. No. 2, it is also important to point out that the business community and the banking community thinks that what Pritzker has offered so far is one hell of a fine deal for the City of Miami. That it is innovative, that it is new, that it is different, fine. We are treading uncharted waters, but I feel comfortable with the backing of the business and banking community and the Chamber of Commerce and the DDA and their strong feeling that we are heading in the right direction, that it makes sense and we ought to pursue this. The City Manager in the short time he has been here has shown himself to be an extremely forthright, honest, and bold man, he expresses his opinion and when he doesn't agree, he doesn't agree. The City Manager has recommended that we proceed. So with all those things in our favor I would request we have the courage of our convictions, that we not be fearful of some of the shadows,(I won't say negative) but let me say pessimistic minds have in this community. We all suffer from the Interama syndrome. It is time for Miami to go up and get beyond all that and have some positive victories. I think this is one of them and I urge you to vote with the motion. I would like to call the question. Mrs. Gordon: Your motion Mr. Mayor needs to be clarified, so that everyone here knows what you are asking them to vote on. Mayor Ferre: Will the Clerk read the motion again? Mr. 0ngie, City Clerk: The motion would be to instruct the City Manager to proceed with trying to work out an equitable agreement with Mr. A.N. Pritzker to proceed with design, that the City would control the design at all times, ask Mr. Pritzker to share in the cost in an amount not to exceed 200 thousand dollars, Mayor Ferre:-correction, total cost, Mr.Ongie:---total cost,up to one-half, that a time frame be established not to exceed a period of 5 months from today's date, that the property always remain in the hands of the City of Miami and that Mr. Pritzker sign an agreement spelling out exactly the terms of this project and the whole matter be brought back to the City Commission, for final approval. Mayor Ferre:-----before the end of 45 days, which would put it February 17th. Mrs. Gordon: That is the end of the option period? Mr. Mayor would you consider an amendment to the your motion asking Mr. Pritzker to bear all the costa of the design? Mayor Ferre: He won't do it Rose, and I already know that, so I would not accept that for that reason. He has flatly rejected that. What he is saying is, look ----if I am coming up with half of this thing, you are coming up with half, then if I pay for half that is going a long way, right now I don't think I would pay for anything. I think this is your baby, and you are the one who wants it So you ought to pay for it. He is not completely convinced but I think we might get him to pay for half of it. Mrs. Gordon: My personal feelings are if we are going to participate in any .t ►-1 i JAP; 131977 li desigh cost, we should advertise for any and all cotnmerde, we may have a mue better deal, than what we are getting. We don't know. We haven't tried. if we don't have to participate in any design cost whatsoever, then there is a cones sideration for the privilege of letting him have that time element. When you tailor a suit to fit you, it might not fit your brother. Rev. Gibson: Mr. Mayor and members of the Commission, I have some doubts about some of it, however at this time I am going to rely upon the Downtown Authority and the Chamber of Commerce, they are supposed to be the genius, you know. Some things I may not know, so I am assuming 10 heads are better than one. I vote for it. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 77-2 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO PROCEED TO TRY TO WORK OUT EQUITABLE AGREEMENT WITH MR. A.N. PRITZKER AND TO PROCEED WITH THE DESIGN FOR DEVELOPMENT OF WATSON ISLAND AND THAT THE CITY CONTROL ALL ASPECTS OF THE DESIGN; AND THAT THE CITY DECIDE WHO SHALL BE RESPONSIBLE FOR THE DESIGN OF THE WORK AND THAT THE CITY REQUEST MR. A.N. PRITZKER TO SHARE ONE HALF (1/2) OF THE COST OF SAID DESIGN, WHICH TOTAL COST SHALL NOT EXCEED THE AMOUNT OF $200,000. AND THAT A TIME FRAME BE ESTABLISHED NOT TO EXCEED FIVE (5) :MONTHS FROM JANUARY 13, 1977; THAT ALL RIGHTS, TITLE AND INTEREST IN THE DESIGN DOCUMENTS REMAIN THE PROPERTY OF THE CITY OF MIAMI AT ALL TIMES AND, FINALLY, THAT MR. A.N. PRITZKER SIGN AN AGREEMENT WITH THE CITY OF MIAMI NO LATER THAN FEBRUARY 17, 1977, AS TO WHAT IS TO BE DONE AND DELINEATING THE RESPONSIBILITIES OF ALL PARTIES CONCERNED AND THAT THE ENTIRE MATTER BE RETURNED TO THE CITY COMMISSION FOR FUTURE VOTE Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer ABSENT: None. 4, FLORIDA AVENUE - MATILDA STREET RECOMMENDATIONS. Mayor Ferre: Let's take up item 4, discussion. Florida Ave. Matilda Street, recommendations as a resulting meeting with the community. Okay. Who is going to speak? Mr. Grimm: Mr. Mayor every member of the Commission has been furnished a report.At the request of the commission, in the evening of January 4th, we held a public hearing after duly notifying all the people in the neighborhood. It was well attended as you can see from the list. I wish that the administration could report that we had resolved all the differences. We haven't, but we told all the people at that meeting what we would present to this commission and it is in the report. Basically it is similar to what we presented before, with two deletions. The recommendations that the Board of Public Instructions had been entirely eliminated and the recommendation to move the equipment closer to the school has also been eliminated. With those two exceptions, it is the same and I believe it is supported entirely by the school. Mayor Ferre: Elizabeth, is the community in favor? Is the school in agreement? Is eVerybody in agreement? Would like to say something Mrs. Bettner? Mrs. Bettner: We feel that Mr. Grimm came up with a wonderful idea, and it is the feeling of the school aad the majority of the people on our street. Mr, Dodge who brought up this question in the beginning, of closing the street, and all that procedure, he made the remark which I would like to have go on the record. He said if the City would not comply with his wishes, his next plan was to come down and JAN 1 3 1377 ask tot comthetciel tetoning of the Street. The majority of out people don't Watt commercial toning on that street. We want to keep it residential, and Mr. Dodge and the people who accompanied hits, have bought their homes within the last 5 years, some within just a year, with a financial idea possible, and that is the only reason they have brought this whole harassment thing up, so I thought it should go on the record. I have been there 40 years and I love it. Mayor Ferre: Thank you very much Mrs. Bettner. Is there any further discussion? Mt. Plummer: Let's hear it from Mr. Grimm. The above motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre. (Mr.Reboso absent.) Said Motion was designated No. 77-3. (See resolution No. 77-50 adopted later in the meeting) Rev. Gibson: MR. Mayor and members of the commission, please keep in mind that that time lag about police assisting and helping, and two to three weeks to notify the parents and students, we'd be very anxious Mr. Grassie if that is adhered to strictly so those people don't have any anguish about, ----the principal can clear up what I am trying to get across. Is the principal here? You know that notice to the people and all that, they are really concerned about that. Ms. Jo Ella Good: I am Jo Ella Good, principal of Coconut Grove Elementary School. We requested advance notice so we can prepare students for this change, because sometimes we need a little repetition for this. We requested a police officer for a couple of weeks to help us with the monitor of the change, with the community and our students. Those were the main things we asked for. We were hopeful we would get parking spaces marked on the area that seems to be in question. There is going to be a change I believe from the informal method of parking to asking people not to angle park, so if the parking spaces could be marked that would be helpful. And also the hours on page 2 are a little different from the ones on page 1. The hours on page 1 are correct, 8 o'clock until 3:15 P.M. Mr. Grimm: Let me assure :he commission that I am well aware of the wishes and I will worry about them. Rev. Gibson: Beautiful. 5. CHANGE OF NAME FROM HARDIE AVENUE TO HARDIE ROAD, Mayor Ferre: At this time, Father Gibson moves, and Rose Gordon seconds on item ##3 that Hardie Avenue be changed to Hardie Road, spell H A R D I E. Road, the same as Coral Gables. That is the recommendation of the Historical Society. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 77-4 A MOTION CHANGING THE NAME "HARDIE AVENUE" TO "HARDIE ROAD" Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote; AYES: Rev. Gibson, Mrs. Gordon, Mr, Plummer and Mayor Ferre, NOES: hone. ABSENT: Mr. Reboso. 'T ' 1 m rff- N 1;1377 KEY MARINA LEASE - DISCUSSION AND 1 EMPORAR I LY DEFERREDI ? or Terre: 'Te *;iii take tip Item ilti, which is a discuss k,tl c'n key Narita, MY. Grassie: I would like to have Mr. Fosmoen introduce the question Mt, Mayor. Mayor Ferre: All right, Mr. Fosmoen. Mr. Fosmoen: Commissioners, we have been working for approximately 2 months on this lease and we think it is a reasonable lease. The major points of it are, that the rent Grove Key would pay the city or the operator would pay the City, is 3.5 percent. The major points of this lease agreement are that the restaurant will be built on the Grove Key Marina site for a cost of approximately $600,000. is the minimum cost, that the rent paid to the City will be a minimum guarantee of $36,000. annually or 3.5 of gross, whichever is more, that the term of the existing Grove Key lease that is for the marina, and the term of the lease for the restaurant, be extended for 30 years. I think those are the 3 major points that this commission will be concerned with. Mr. Meredith is the current operator of Grove Key, and will be the lessee for the restaurant area. Rev. Gibson: Am I to unc'?r•ctand that you want the marina to have the same number of years as the restaurant, equal time business. Is that it? Mr. Fosmoen: That is correct. That was the presentation made to this commission in I believe October when Mr. Meredith was here previously, that the reason for Grove Key getting into the restaurant business was to extend their lease on the marina for a 30 year period. Those two would be co-termers. Mrs. Gordon: Would that include all the property you have at the present time under lease? Mr. Spencer Meredith: For the record I am Spencer Meredith, president of Grove Key Marina. Yes, (your question was), is the entire property together, to have the same term of lease, and the answer to that is yes. The reason for that is, to provide adequate parking for the restaurant and to provide a tight correlation between the activities of the restaurant and the marina itself, the two properties lg need to be operated as basically one unit, rather than separately. If not, there was a potential for conflict in traffic patterns and things like that. Mrs. Gordol: Mr. Meredith I have a great deal of respect and admiration for you and your operation. I have a lot of reservations about granting you a 30 year lease. Mr. Meredith: Mrs. Gordon in answer to that, the reason we took 30 years which for financial reason, it is a matter of amortizing the significant cost of the money we would be commiting , while the lease calls for a minimum amount of 600 thousand dollars in permanent improvements, the total amount of commitment would be considerably more than that.There are a lot of equipment that has to go into the restaurant and other expenses, but I want to comment on this thing for a minute because this lease was discussed a great deal. We went around a long time on this. There were several months of intensive negotiations and the other two leases you have with restaurants are the Rusty Pelican and Miamarina. The Rusty Pelican is a more similar situation where somebody came in and built on land that the city owned. Both are essentially 30 year leases. One is 20 years plus two 5 year options, and the other is 25 plus 5 year option. One of the positions that the city took very strongly in the course of this negotiation, was that they do have a right to buy us out at end of 20 years. It is something we are not all happy about but it was a negotiated point and in the body of the lease, or the sublease, there I think you will see some complicated terms and the fact the city does have the option at the end of 20 years to take the property back. There is that element in there. Mrs. Gordon: That isn't where I find difficulty. I find difficulty in knpwing how we are going to tell your neighbor that he can't have 30 years. Mr. Meredith: I think this is a little different situation. I wouldn't to speak for him, but we are coming in with an offer to the city to do want :J;P! 13 1971 sake a Major financial connittnent. We have spent sevetl hundred thiitisand dollars on that property already. We probably have $400,000. comniited t it. We have a little more yet to go. As the City has indicated, certainly in discussions this morning and other discussions going back over the years, that they would like to involve private capital working together with the City. It Seems to me, if somebody comes to the City with a plan to spend a large amount of money, as other people have, that is pretty serious and they should have a right to talk too. Mrs. Gordon: When you came here you had no extension on your lease. YOur argument was that you give me the 8 years, the same number of years I believe that your neighbor has, that would equalize our occupancy. Now, you see what is happening? You are anticipating a restaurant. Fine. That to me is one proposition. What you are including as a part of that is another proposition. I don't consider them one and the same. Mr. Meredith: We discussed that at some length too, in the course of negotiation, and the problem is, the restaurant itself has adequate parking to meet its requirements. There is a space out on the waterfront that we have since the first day we were here. That would be an ideal site for a restaurant. The restaurant over -flow parking in the evening will have the use of the marina land because we have a lot of space between those boat racks there and it does give us an over -flow if we get especially busy on certain evenings. That is an important point. The other thing frankly, that we have made a lot of commitments to the marina and to the public we serve and we would like to make some more and we would like to run the marina in an outstanding way and as an inducement to the City, frankly, that is from our point of view. We are saying look, we will spend a lot of money here and let us have a firm base so we can make the whole property one united, attractive site. Mr. Reboso: For the City Attorney, this addendum you keep referring to as exhibit A, and exhibit C, I can only find exhibit B. Mr. Plummer: Exhibit A is the lease, and the other is the addendum. Mr. Meredith: Exhibit A outlines the property that is being covered by the addendum, and exhibit B simply showed the location for a sign, and exhibit C is the sub -lease. Mr. Knox: I think the problem is that attached to this packet is only a copy of exhibit B. Mr. Meredith: May I give you all copies of exhibit A & B if you need either one of them. I understand there was a clerical problem in the mix-up. The two look very similar and sometimes I gather you got an A or a B, one or not the other. I have 5 sets here for all of you. The two of those, exhibit A and B and aerial photos of the same property. Exhitib B is just indicating an easement along Bayshore Drive where we would like to be able to put a small sign so people can find the niace.Exhibit A is the key map which shows the land that would be set aside for the restaurant. Mrs. Gordon: I see that, and also the access road as delineated here, that is not a current road. Mr. Meredith: That is correct. There would be a cost of approximately ten thousand dollars to the city to put in that access road. It would be our road. Mrs. Gordon: That access road, correct me if I am wrong, doesn't that disect the two parcels that are not under lease, or creates two parcels out of a single parcel on Bayshore? Mr. Meredith: Actually the area is currently paved. We would have access across that to connect the two parking areas. Mrs. Gordon: If, in fact we wish to put a development of some sort, or some improvement, there, wouldn't this access road cut through that? Mr, Fosmoen; fenced, It would cut through it Commissioner. It would not be 6. Ootdon: It would cut through? i r. Fosmoen: Frankly I don't see any particular problem if sottetiThe in the future we need to assemble that, of moving that road. I don't see any problem. Mt. Plummer: Hopefully in the future, if you do anything that you are going to eliminate the parking there and put nothing but landscaping all the way down tayshore Drive. Mrs. Gordon: I really have strong reservations, Spencer on the 30 year lease on your entire property. Mr. Fosmoen , you tell me how we are going to tell Merrill Stevens they can't have 30 years? Mr. Fosmoen: I think the point is, Grove Key is coming to us with a proposal for major development of his property. I would think if Merrill Stevens comes to the City with proposals for a major development, that we would consider it at that time. They have not come forth with a proposal. Mrs. Gordon: Not yet, but they would, or could. Mr. Plummer: If they do, so be it. Mrs. Gordon: There is another point and it is a legal question. Where are we with relation to the law of bids for public property? Where are we when we go into extended leases , as long as this one without bid to the public. Mr. Meredith: Commissioner Gordon, I recall very vividly this being brought up roughly a year ago and I can't site the chapter of City law but I am sure the Attorney can, but I do recall the city did have the option to negotiate on real property, and there are several other leases which have been extended and the city apparently,(I think the point was brought out at the commission) has in about half of their leases, negotiated or extended leases, it is an evan balance, there is not clear distinction. Mrs. Gordon: Mr. Knox have you done a legal opinion on that? On this? Mr. Knox: Not on this. Mrs. Gordon: I would ask that this be done. Mr. Plummer: Mr. Mayor let me bring out a few points. No. 1 I think what we are faced with, what Rose says, is two points. This is on property which he today has under lease for 8 more years. So the question resolves itself down Rose, that either we allow him to go forth now and put up a restaurant, at this time, or we wait the 8 years until his lease runs out, not renew it, and then go to public bidding. Unfortunately all this discussion has overlooked what I consider to be the key point, and I guess I am a bad one to say it, but I got to say it, even though I voted in the negative. You say Rose, how do we tell yes to Spencer and no to Merrill Stevens, but you shouldn't have stopped there because the key factor is the next piece of property, because this commission said to Monty Trainer yes, for 30 years. Monty Trainer has a 30 year lease on what is public property. Now, I didn't like that. I didn't like the idea of the total concept, but this commission did in fact approve a 30 year lease for Monty Trainer, so if that is the case, and the precedent has been established, I have no problems with giving him 30 years, and Merrill Stevens comes up with some kind of good proposal, All I am saying, is that the 30 year doesn't scare me, since the precedent has already been set. And if Merrill Stevens and someone else wants to come up with something good for this City, and will bring in revenue, I am all for it. Amen. Mrs. Gordon: May I make a clarification. The difference is that existed in that 30 year arrangement, that you agreed to with Trainer, that was an agreement which ultimately will bring to ownership of the City the land upon which that restaurant is sitting, which we do not own. And that was the consideration that different then, and important enough to make that kind of a lease. If I am wrong in what I am saying, you tell me I am wrong, and correct me. Mr, Plummer: Rose, I have no disagreement. Mrs, Gordon; I am talking to Mr. Fosmoen. 4 10) "tAT. 1 '- '777 co • Ott. nuttier! i have no disagreefnent with what you says i concut btit the Stott line is, 30 years is 30 years. Mrs, Gordon: No, it isn't the bottom line. it isn't the same thing et a11. Entirely different. Mayor Ferre: You are right, but you have to go beyond that. Mrs. Gordon: 0f course you do. I have a little trouble in understanding the need to amortize the investment in the restaurant. I understand your need for a longer lease on that. Buc why it must be tied in with the balance of your property, to the same length or time, I don't understand. I cannot accept as being a logical conclusion. Mr. Meredith: One of the :Hain considerations for putting a restaurant in on our part is the fact that it is an inducement to get a long term lease, so that we can continue to make improvements to the property, because there are a lot more improvements we would like to make to the marina end of it. We can see operating the entire facility as one integrated unit on a property we are currently leasing and would be a very attractive thing for the city employees. Mrs. Gordon: 0n the lease part that is a marina, I want to know, since 1 am not familiar with it, and I haven't looked at the lease, what escalation and income to the city is built into that? Mr. Fosmoen: If you are talking about a comparison between this proposed lease and the Rusty Pelican which does provide for an escalation, there is none Commissioner. It is a straight 3.5% on the restaurant for the term of the lease. Mr. Plummer: With a minimum. Mr. Fosmoen: With a minimum guarantee of $36,000. which is twice that of the Rusty Pelican. We have 'done some analysis of that sliding scale on the Rusty Pelican, as opposed to a straight 3.5 on this proposed lease. In fact + when a restaurant is making less than 3 million dollars annual gross, this lease 3.5% flat, is an advantage to the city. For a restaurant of this size,proposed for Grove Key, to make 3 million dollars gross, they would have to gross $8300.00 daily. Mrs. Gordon: I wasn't talking about the restaurant. I was talking about the marina. Mr. Fosmoen: The marina itself? Mr. Meredith: Can I respond to that? Ths basic lease on the marina calls for 10.3% of gross, which is a fairly high percentage of gross, and that is built in over the whole period of time. That is the way it will continue to be. As our business grows your business grows too. I think if you look at the record, you see that is exactly what has happened. We pay the city roughly two and a half times what it used to get on the property. Mr. Plummer: Let me make two points of concern. From what I hear here, this is going to be deferred. Dick, I have expressed them to you over the phone, I want to put them on the record. The two points of concern are very minor, but when you make contracts for 30 years, it is a long time. I have trouble with the wording in the contract which relates to configuration of what is gross,in that particular area as it resolves itself down to promotional free food and drink. The second point I would want written into the contract is that at no time, would that access road over the present parking lot, be any constructed, nor fence ereczed that would cut the parking lot in half. They are two minor points, but l would want them in tl-e contract. Mr. Meredith: Commissioner Plummer can I respond to that. The one about the free food or promotional, the way that the term gross sales are used there, I don't see how that could be abused too well. For example, if we had a charge account, which is not our intention to consider that type of business, there is no way you could write that off. It is really a matter of, ---buy somebody lunch someday, or something like that, It is a very small amount and the problem is a matter of keeping records, Rusty Pelican has a provision in there, an arrangement for that, JAN 13 197/ Mu Liner: It is still a concettt of tine, MIS. Gordon: Mr. Mayor t would like to see the cease' and also on the Miamarina. Mayor Ferre: It seems to me that obviously this item is not going to come to a conclusion. Mrs. Gordon: I want to have a total picture. Mayor Ferre; It is my opinion, that we in the City of Matti, and I am consistent in this, I hope. I have to have a long view of things. One of the problems that we, the city had and remember, when I indict, I am indicting Myself, because I have been part of the city since 1967. So it has been 9 years since I have been involved here. I would say one of the problems that the city has had for the last many years, is that we nit-pick things to death. We have a short vision and we are always reluctant, always scared of being criticized of doing something wrong. So we cross all the t's, dot all the i's, we become so perfectionist, that what we do is, we kill the patient. You heard my story about the Doctor who walks out of the operating room, and he is asked how did the operation go. He says terrific operation. Great success. We broke through scientific barriers and this is a new way to make this operation. How's the patient? Oh, well, the patient died. If we are not careful, we worry too much about the operation, and we don't worry about the patient. I think we get confused. I am including myself, that we get a little bit to work -up, over -wrought, with watching the operation and not the patient. In Monty Trainer's case, I want to tell you we leaned over, way, way out. I agreed with it. I voted for it. I think it is important. J.L. we also leaned way out in other things. I think the Rusty Pelican was one of them. I think we leaned out on Miamarina. We have leaned out in a lot of things. I want to give you a little quotation. It goes like this. 'Behold the turtle. He only makes progress when he sticks his nect out. I want to ask the City Manager. We have heard from Mr. Fosmoen, but I want to hear it from you. You have gone over the lease. You have gone over the agreement. You have studied it, looked at it, this is good for the city of Miami. Do you recommend it. Do you have reservations? Mr. Grassie: I do not have any reservation and yes I recommend it. But I would like to say a little more than that, Mayor. I did my best to stay out of the Watson Island d.scussion,-- Mayor Ferre: Wait 1 want Rose to hear all this. Let's wait till she gets back. Is there anything else we can take up while we are waiting for Rose? AUTHORIZE PURCHASE IN - SINGLE FAMILY RESIDENCE LIEU OF CONDEMNATION 136 S.W. 9TH AVENUE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A SINGLE FAMILY RESIDENCE LOCATED AT 136 SOUTHWEST 9TH AVENUE, MLAMI, FLORIDA, FOR THE SUM OF THIRTY THOUSAND ($30,000,00) DOLLARS AND ALLOCATING THIRTY THOUSAND FIVE HUNDRED ($30,500.00) DOLLARS FROM COMMUNITY DEVELOPMENT FUNDS TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION (Here follows body of resolution, omitted here and on file 'gin the Office of the City Clerk.) JAN 131971 iat t an being seconded by Contmissionet Gibson, the resolution Was passedand adopted by the following Vote: AYES: Mt, Reboso, Mts. Gordon, key, Gibson, Mr. Plummer and Mayor Ferre. NOES: None. (Mrs. Gordon absent but recorded yes vote.) 8. AUTHORIZE PURCHASE IN - LIEU OF CONDEMNATION TWO-STORY COMMERCIAL BUILDING 183485 N.E. OH TERRACE, The following resolution was introduced by Commissioner Plummer, who' moved its adoption: RESOLUTION NO. 77-6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A TWO-STORY COMMERCIAL BUILDING AND LAND LOCATED AT 183-185 N.E. BOTH TERRACE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT A ATTACHED HERETO FOR THE SUM OF EIGHTY SEVEN THOUSAND TWO HUNDRED FIFTY ($87,250.00) DOLLARS AND ALLOCATING EIGHTY NINE THOUSAND ($89,000.00) DOLLARS FROM THE PARKS FOR PEOPLE BOND FUND TO COVER THE COSTS OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. (Mrs Gordon absent but recorded yes vote.) 9. EXECUTE AGREEMENT - LEAS I NG OF SUITES IN OLYMP I A BU I LA I NG FOR THE CITY OF MIAMI LAW DEPAR1I€NT. Mr. Plummer: Mr. Manager, would you endeavor, (I know this isn't going to sound right), but endeavor to get some parking spaces in front of that building for people who are doing business with the City Attorney's office. Mr. Grassie: I don't think we can in front of the building, but possibly adjacent to it. Mr. Plummer: The County commission, and I am not picking on them, they have their offices in the county courthouse and they have areas designated for them to park in. It seems ludicrous that I as a commissioner, to go to my law department, have to pay $2.00 to park to go to the law department or get a ticket. I am not saying they should be designated for commissioners. I think they sould be designated parking for people who are legitimately on law business. Mayor Ferre: Let me ask you a question. Is there any way the City of Miami can take back the traffic in downtown Miami? Mr. Plummer: Let's don't get into that right now. That would be a legal question. Mayor Ferre: Mr. Knox, would you research that for us. Mr. Knox: Yes, sir, Just for downtcwn? Mayor Ferre: Just for the downtown core area. I think it kind of ludicrous for our own police department not to be able to determine important things, in traffic control. It isn't the Metro police department that is running, yet we are bound by all these things we have no impact on. Here is a good case in point. They use one set of circumstances with themselves and one with us. What is this. ifkoU 'the following resolution as itlttodueed by Commissione ±d 3ts adoption: • RESOLUTION NO, 77-7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE LEASE OF SPACE IDENTIFIED AS SUITES 701 THROUGH 708, 712 THROUGH 719, AND 1001 THROUGH 1016, IN THE OLYMPIA BUILDING, 174 EAST FLAGLER STREET, MIAMI, FLORIDA, FOR THE USE OF THE CITY LAW DEPARTMENT, WITH FUNDS 'THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE CITY LAW DEPARTMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mr, Plummer, Mrs, Gordon, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: None.,' ABSTAINING: N(ne. 10. GROVE KEY MARINA LEASE - FURTHER DISCUSSION AND DEFERMENT TO JANUARY 27, 19/7. Mayor Ferre: Mrs. Gordon, we were waiting for you. I held up the whole proceedings because I don't want the statements to be made that are going to be made without your being present to hear. So at this point I recognize Mr. Grassie again. _ BMW Ramp Mr. Grassie: We were talking Mr. Mayor about the question of the lease, but my comments were intended to be a little broader than that. I find that Pm too often we seem to be in the position where we are fooling ourselves. We VW tend to forget where we started these processes. The classic cases are negotiations EEff E=_ with the Dolphins, but that happened to us this morning with the University of Miami. We are going the same route on this question. Exactly the same thing is happening to us on Watson Island. Mayor Ferre:--and the University of Miami, you just pointed out. Mr. Grassie:--and the University of Miami. If this city commission at some point inyJur deliberations establishes a policy, and you say this is what in broad terms, we want the City to do, then you give us a broad mandate to get it accomplished. We may spent 2 months, we may spend 6 months dealing with people, trying to get accomplished what you asked us to do. If when we come back, there are aspects of that agreement, that aren't to you liking, we are not entirely surprised, but there are some things in there we don't like. But by and large, those characteristics of agreements respond to two things. ONe, things you said specifically you wanted, and that is the strongest element for example in the University of Miami contract, or things we had to agree to, if we were going to get your ultimate object accomplished, and that is particularly true, in where we are with regard to Watson Island. It is particular true in where we are with regard to this particular agreement we are talking about right now, the Grove Key. If you decide you want somebody to make an investment to serve a public purpose, because otherwise we should not be involved, if you decide you want somebody to make an investment to serve a public purpose, on public property, then we have to do some things to make that possible. When we get the agreement, if we say, I don't like the things that you have to do to make it possible, to get that investment, we are kidding ourselves. But I am asking you, please don't ask us to do things for which we are not willing to pay the legitimate consequences. We have too many important things to do. If I have a staff person waste a month of time on an agreement like this, then it turns out what we are doing is really what you want, then you are not getting what you ought to be getting, and the public is certainly not getting what it deserves. A typical example, is where are at with Watson Island. The decision is taken, so I was out of that discussion, but we forget where you started. Where you started, was that you wanted to create something for the community, that nobody is interested in doing as free enterprise. If they were they would have done it. You are serving, presumably public purpose. Presumably you are doing something which is good for the community, which you have to invest in, There are some things you have to do, and money you have to spend. If you don't Waft 'bo do those things, then let's say it fairly and idt's step the p1aodds§ We ate wasting a lot of time. If you say to me, that you feel you need reassurance, with regard to the reasonableness of what we agree to. I think that is the element we ought to attack. We ought to give you every thing you need to have confidence in the agreement that is arrived at. But I suggest to you that we don't do that by taking spontaneous decisions,on this floor, limited information, if for example, Oh the Watson island question, you have some question about whether it is reasonable that we go to a design phase. I would sugge:•st to you that we have to have a special meeting, and we have to get at least 15 or 20 people from this community who have some knowledge of this business, and you have to ask them, because I am learning this process just as you are, in terms of specifics of financing this kind of project, and you have to satisfy yourself, that what we are talking about makes sense. We are willing to do that. Mayor Ferre: T have done that and I am satisfied, and l: think this makes a lot of sense. Not only that I. think it serves a public service and it is an important move forward for this community. I wish we had 10 Rusty Pelicans, not one. Mr. Plummer: May I make a comment on Mr. Grassie's statement. Mr. Grassie I agree with everything you say. Let me tell you something. Your sending yesterday to talk with me, Mr. Connally and Mr. Crumpton, was greately appreciated by me. The only thing I would like to expand upon is the time frame. In particular this was the University of Miami contract, and I realize that we are trying to go as quickly as possible, but a contract was delivered to me on Friday as prescribed by.the ordinance, but it was also scheduled for the following Thursday, which put me under a time gun. I expressed very openly to Mr. Crumpton and Mr. Connally my concerns and I am very pleased that that was taken off the agenda this morning. All I am saying is, I hope you continue to do that process. When you have gone to the extent of Mr. Fosmoen, and he came to me about this contract. The only thing I am saying is, that I think more time is needed between the time you present us with an important document, whether it be a lease, or what, and the time that it is scheduled for the agenda. Rose could have had plenty of time to ask all of her questions that she had to ask up here on the floor today to Mr. Fosmoen and Mr. Spencer, then once those questions, maybe you can't resolve them, ----but once those questions have been asked, if they can't be resolved, then bring it up here. I am saying this, that rather than a 5-day rule in relation to this, there should be more time, like a 15 day rule in which they are presented to us, giving us 5 days to question your staff person in relation to whatever the document is, then schedule it under the 5-day rule. Mayor Ferre: That is a valid question. Mr. Plummer: I think it is going to work a lot better. I am going to tell you something. When I had the opportunity to sit down with Charlie and Jim Connally, 1 think we got a lot accomplished. I expressed to them my concern. Whether or not they are able to resolve my concerns is really immaterial but at least they have the opportunity to do it and I don't have to do it here on this floor until the time if I still have a no answer, then I have to vote my conscience. I think if there was more time, for the commissioners to be presented the document, MayorFerre: You have already said that. Mr. Plummer: --go to the staff people, come back and once that is done, then schedule it. I think it will work a lot better. Mayor Ferre: 1 think he is completely accurate and I subscribe to what Plummer said. It is the old problem of the city of Miami, of communications between staff and commission. 1 think it is a valid criticism. I might point out as 1 read over the minutes of what happened in June, I don't think that contract is a complete reflection of that. So what I am saying is, I challenge your statement, Mr. Grassie, that we give you marching orders and you comply with thew then we balk at what you come up with. I think that statement in June is not mirror reflected in the final document that came out between the University of Miami. It can be argued, that what you took was the thrust of the consensus and interpret it into a contract document. I would tell you that I think you will see in it some liberties that I do not think necessarily are reflected in the statements made in June. What Plummer is saying, and I think he is really correct, is that some of these things that I read, and I get concerned about, when you get down to the reality .,� they really man, don't teat very riuchs l think Lt.'s statement is a valid ate• Mrs. Gordon: Mr, Konx I asked if you would supply us with a legal on the aspect of 30 year renewals for out next meeting. Mt. Knox: All right. Mt. Plummer:I was going to move the contract in its entirety. Mts. Gordon: I couldn't vote on it today, Mf.Reboso: Is that the motion? Mrs. Gordon: I didn't make a motion. J.I.. just trade a comment. Mr.Y'lummer: It is foolish for me to make a motion to approve if you want' to defer, and this commission has always gone along on the request, ;Mayor Ferre: I am ready to vote on it, but if it is the commission's will ti defer, we have always had that courtesy. Mrs. Gordon: I would like to receive some information on the other comparable situations as delineated here this morning, as a legal opoinon. Mayor Ferre: Anybody object to that? The motion now before us, you understand, is to defer. Mrs. Gordon: It will come back on the 27th. Mr. Henry Alexander: My name is Henry Alexander, I reside at 3625 N. Bay Homes Drive. I am president of Coconut Grove Civic Club. I wanttokathe enCommmission ld thtoday in considering any lease, specifically in relationship t ras please see that part of the lease, the city still has the ability and right to have their Planning Department review any development, any design, that takes place, that I believe, since the property is zoned Parks and Recreation, I think we have an ord- inance that requires the Planning Advisory Board to also review any development and since both these relate to the Dinner Key Master Plan, and to the Coconut Grove Planning Study, that they be review in light of these. I would like to see some kind of minotoring of the development, even for the 30 years, if necessary be part of the lease. Mr. Plummer: As part of the resolution, it states subject to submission of detail site, landscape and building plans for planning department approval. Mayor Ferre: Mr.Fosmoen, do you want to address yourself to that? Mr. Fosmoen: This has been reviewed by the P.A.B. and has been recommended. Mrs. Gordon: I think what he is referring to however is any additional improvements that may go on during the term of the lease. Mr. Alexander: I am sure we will see some drawings that will indicate the parking layout, the circulation, the size of the restaurant, all these items. Mr. Meredith: May I respond to that? We made the presentations to the PAB on January 5. At that time we did show site plans, and showed the style of restaurant we wanted. We talked about the size of the restaurant. We spent some time in discussing with the PAB, and following that they did make a recommendation, Mr. Alexander: Mr. Mayor, we are talking about possibly a 30 year lease, (inaudible) Mayor Ferre: Mr, Alexander, on the record I completely agree with your statement, And it will he done that way. 1 feel the consensus of the commission is unanimous on that, tJ 1 1977 'Tirm!lamr • flits. Gordon: I would like to ask the Manager s-i appreciate teceiving the agenda in the form I have, but I would appreciate receiving all back-up material included in it, which means the minutes of planning board meetings relating to the particular item, or past commission action that has taken place relating to the same item. I feel that in analyzing a situation, we have to have everything we cat to make a proper evaluation, if you don't mind. Mr. Meredith: 1 would like to point out one thing to the commission. There is a timetable that was negotiated into that lease. If it is the will of the commission to defer, which I am sorry, because I came here hoping we could resolve it, hut if it has to be deferred it does. I would hope we could be back on the next agenda. A motion to defer the matter to the meeting of January 27 was passed and adopted by a unaimous vote of the commission. 11, REVIEW OF MOLLS FOR FUTURE PARK PROJECTS. Mr. Grassier I would like for Vince Grimm to brief the City Commission on these several projects. Mr.Grimm: Mr. Parkes is here to answer any detail questions you may have. Mayor Ferre: Mr. Parkes, would you guide us through and tell us where each of these, ---and who designed these. Mr. Parkes: We had all of these up here before the photographers started taking pictures, now we have '.:o set them up again. I want to take them in the order that you have them on your agenda, is Lummus Park development which is only an addition of a room on the side of a building for the park maintenance, their equipment, their fertilizer, whatever they might need in this area. This utility building here is the addition. This old building is to be remodeled, modified so that there is a restroom for the ladies, which it does not at the present time have, and we also at the same time will modify it. Mayor Ferre; Who made the design for this, Mr. Parkes? Mr. Parkes: This department has made the design, Public Works, the city', archetict. Mayor Ferre: Who is the city's architect. Mr. Parkes: Sonia Lama. Mr.Plummer: Is that a female name? Mayor Ferre: Yes. Mr. Parkes: The use of this building was for the lawn bowling. Lawn bowling has gone out and it not as popular now. This building is now being transferred in this work area for ceramic classes, and other community uses in here. As I say we will be adding the women's restroom and they of course will be modified for the handicapped. The second building here is the Chevron station which was due to be torn down and then we reconsidered that. When the City needed an information center, we thought this could be possibly used for that. We have made up a model, and as the Commission has requested, Stone and Associates has made a plan. We followed their plan, with the exception that we have decreased the parking, we have decreased the landscaping. Mayor Ferre: I)id you say decreased? Why? Mr, Parkes: We want to cut the cost down, to see if this is a functionable building for our use, If it is functional, of course the landscaping can be put in, and also the parking can be put,,,, 23 JAN 13 1977 ayor tette: When you ate cutting down on it you ate cutting d von hat evetitually we want to spend more Money in landscaping. Mr. Parkes: Interiorly, where there was a tile floor, in this whole area here, we have put in an indoor -outdoor carpet much cheaper. If this functions, that can be tora out and tile can be put in at much more expensive cost. We plan to spend no more than $60,000. when Stone's estimate was 120 to 130 thousand. This is Domino Park located on 15th Avenue and SW 8th Street. Mayor Ferre: Is that the existing park? Mr. Parkes: This is the existing park. At the time this was proposed, arrangements were being made for sanitary facilities to be used in an adjacent building. That has broken down. It is not available to the City for their use. Mayor Ferre: Show me where 8th Street is. Mr. Parkes: (indicating) There is an ally here. Mayor Ferre: Who designed this? Mr. Parkes: City Architect. This is reversable. This taking up the least amount of space, but if he doesn't like that, we can do this. On this building which will be lcoated similar to that, takes more area, but is more compatible with, ---- Mayor Ferre: Not necessarily. Mr. Parkes: It follows the scheme of the whole design. Mayor Ferre: You want to put the other one back on so we Mr. Parkes; Sure. Mayor Ferre: What does the original architect, Alvarez say? Has he been consulted? Mr. Parkes: I don't believe we have contacted him on that per se. Mayor Ferre: Why not. He was the guy who did it. Don't you think he give an opinion. Mr. Parkes: I don't know whether the City architect, ---she was supposed to be here. Mr. Plummer: You had better ask what Mrs. Starkey has to say. Mrs. Gordon: I: notice in following that one, Maurice, that follows the same roof elevation. It seems to me appearance wise, it is nicer, from looking a it on that sketch. That is hard to visualize. Mayor Ferre: I agree,but the one I think takes up less space, and is more practical and I would really Like to have the opinion of the architect who designed it , What's the next one. Mr. Parkes; We can get that. The next one is West End Park Community Building. At the present time there is a community building in the area. It is located to the rear of this building. Mayor Ferre: Is this a completely new building? Mr, Parkes: Completely new building. Mrs. Gordon: What is the address of that park? Mr, Parkes: I was sure we had that address on there, SW 60th Avenue and 4th Street. The existing building is old and deteriorated and does not funetfon for the proper use now, It is also in a bad location. Mrs, Gordon: Where is the pool? JAN 131977 Mt, Parkes: The Cottunity Building and pool is off in this ditec"tint 1 They want to relocate this, the Parks bepartment and the cotnrttuni.ty wanted to relocate and have a new building. This was also designed by the City Architect and we are talking about a facility here of 4,740 sq. ft. of building, 2200 ft, of patio space at cost $212,000. This will give us a fully functional building, The next one is the Curtis Park Community building, and this portion of the building is presently existing. However the roof is in bad condition, and needs to be replaced. So what we plan to do is put a new roof on that building, add this room and this patio out here. Thi.., is an existing building and will be modified. We will put in airconditioning and modify the restrooms so. they are adequate for the handicapped, and bring it up-to-date. Mayor Ferre: I am going to he very candid.That is sometimes a good quality and sometimes gets me into trouble. We all nave different tastes. I like red ties and other people don't like red ties. But there is such a thing, despite our personal tastes, as good and bad design. Good design is identifiable. Bad design is too. I think that when we go out and spend the peoIle's money, to do things --it doesn't cost any more to have a good design to have a bad design. It really doesn't. Sometimes it costs less. With all due respects. T happen to like well designed things. You can see good design in these two middle ones, in the one case we had Alvarez who set the pace for it, and the other we had Ed Durrell Stone, that retained the beauty of that Spanish type building. I am not saying because they are tiled roofs or Spanish -type or anything else. But that over there is a box, and this one here is another box, and I really think that Mr. Manager, we should have,- let me put it to you this way. We have people like Lester Pancoast in this community and Ferrindino Grafton and those guys, and Coconut Grove Associates, who are making a lot of money, and these hard times by our giving him designs. We ought to ask them, and insist that they volunteer their services on a critique basis so they can help us. You've got Mr. Gilchrist sitting over there, and Crurnpton next to him, both of them architects by profession.Gilchrist was acting dean of the School of. Architecture in Southern California for 3 years. I don't know how to put it without offending a lot of people. If you ask me to give you a critique on how to make an open heart surgery. I don't know anything about that, hut there are people who do. You know, the cobbler to his last, and it seems to me we ought to have, --I don't know how to express it, Mr. Grassi°, but there is such a thing as good design and there is such a thing as bad design. Bad design in my opinion is that little brick so-and-so in the middle of Kennedy Park. Bad design for example is the money we spend on those buildings on 23rd next to the bridge, that is bad design. I think these 3 are bad design. That is my opinion. I think these two are good design. If you had Lester Pancoast here or Willie Borratto, or Raul Alvarez, or Ed Stone, of Candella or Grafton, I would feel a lot better about it. I think the way to do this is to kind of turn this back to you Mr. Grassie and have you think about it a little bit more. Mr. Grassie: We will take that as a suggestion. Mayor Ferre: What does the commission want to do. Mr. Grassie: This is an informational meeting. You asked that we do this, that we advise you of what was going to he proposed before we went to bid, so we are in that phase right now. I now understand your instruction is to have some advise from architects before we take the next step, which would be to release the kids. Mayor Ferre: l have my fights with Dan Paul all the time, but you have to hand to the guy. He has been responsible on several occasions for fighting against boxes and insisting that we get good design and thank God, to that concern instead of having sheds at Miami Port we now have a nicely designed seaport. I think that same object is applicable to everything from a little hut in the middle of a park for bathroom to big building. I think we ought to follow that. Is there anything else to come before the commission at this time? if not we stand adjourned until 2:00 o'clock. NOTE.; The Commission was recessed at 12;05 o'clock P.M. and reconvened at 2;20 o'clock P.M, will all members present except Mr. Reboso, g;;;; 0;17;m1; JAN 131977 RECEIVE SEALED BIDS "HAMMOCK SANITARY SeatER SR S U The following resolution was introduced by Commissioner PlUffither,Uhri moved its adoption: RESOLUTION NO. 77-BO-1 A RESOLUTION TO RECEIVE OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: HAMMOCK SANITARY SEWER SR-5411 C & (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 Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Bids were received from the following firms: Florida Ecological Corp. BAC Construction Inc., Garcia Allen Construction Co. Inc. DMP Corp., Church andTower of Florida Inc., Roenca Corp, Rob El Construction Corp. Chas. F. Smith & Sons, Inc. Marks Brothers Co. Not Inc.Joe Reinertson Equip. Co. Stone Paving, Intercounty Construction Corp. 13, PRESENTATION AND EXCHANGE OF FIRE APPARATUS BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST MIAMI. 1, Presentation for the exchange of fire apparatus between the City of Miami and the City of West Miami. Mayor Edmund P. Cooper, City of West Miami* 2, Presentation of a Plaque to Mrs, Blanka Rosenstiel for her concept of the Miami -Florida Bicentennial Tour of Europe. i I 3, Presentation of a Bicentennial Certificate of Appreciation to Mrs. Rosalie Ande Lippen for her participation in the Miami -Florida Bicentennial Tour of Europe. Ar JAN 131977 0 14, ALLOCATE $455. GU FOR EQU I DEMENT FoR JACKSON MEMORIAL HOSPITAL BURN UNIT. 4► Recognition of personnel froth Jackson Metttorial Hospital Emergency Rootit atd tuft Unit for the efficient and skillful work they performed when thirteen City of Miami fire fighters were rushed to said hospital on December 14th with severe injuries from fighting a fire. Dr. Lancelot Lester, Director of Surgery, Emergency Room Ms, Margaret Silins R.N., Supervisor of Emergency Room Ms. Lorraine Nussbaum R.N., Head Nurse of the Burn Unit The following motion was introduced by Commissioner Plummer, who tooted adoption. MOTION NO. 77-8 A MOTION THANKING THE PERSONNEL OF JACKSON MEMORIAL HOSPITAL BURN UNIT FOR THEIR EFFORTS TO THE CITY OF MIAMI FIRE DEPARTMENT MEMBERS AND ALLOCATING FUNDS NOT TO EXCEED $455.00 FOR PURCHASE OF ONE G. J. 2452 JAMARY NOMETER DONATED(TOSTHE) AND JACKSONECYBORG MEMORIALBIO-FEED HOSPITALBACK BURNMACHINE UNIT. ($36G.00,0)TOBE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 15. CONCLUSION OF PRESE'NIATIONS AND SPECIAL ITEMS. hisPreefforts of rmotingCertificate betterAppreciation understanding betweenRoberto DominicanSerra for his efforts i p Republic and the City of Miami. 6. Presentation of a Plaque to Mr. Carlos Silvestre, Dept. of Public Works, upon his retirement after 27 years of service with the City of Miami. 7. Presentation of Martin Luther King Observance Days. Proclamation to Martin Luther King Primary School Quenn Shawn Tay Carr and King Miguel Guevara. The School Principal, Mr. Cliff R. Matthews, and the children's teacher, Ms. Eleanor Leak, are also here. 8. Read into the record the Resolution expressing condolences upon the death of Lizabeth K. Martell on December 28th, 1976. i6(A). PERSONAL APPEARANCE - MAX FR1EDSON - REPRESENTING SENIOR CITIZENS AFFECTED BY RECENT LAY-OFFS. Mr, Friedson: My name is Max Friedson; I live at 341 E. 30th St. 1 am here for the following purpose. You threw out 40 people,..45 people, who are now out of work and I'm hoping that you'll reconsider the fact that these people were put to work a year and a half ago or two years ago through this Commission. Thle Com- mission put them to work and I feel that it is better than throwing them all out... to go on a percentage basis, if you are going to throw out 20%, 30%, we are satisfied to go along that way, but when you are throwing them all out..it's a crime, they are starving to death and they can't even eat; and that is the reason they are working, it is because at least they want to be able to eat and I'm hoping that you will reconsider. Mayor Ferre: Max, I want to express to you that this is not an action specificw ally taken by the Commission. The problem of course, is that the City of Miami ift a Very, very difficult financial crunch and therefore, we told the Manager Bider 1a a, we have to balance the budget, and we told him to make the necessary cubs to do so. Now, the decision as to where to cut basically came from the Adtittistration and I willlet the Manager speak for himself, and I think it is a fair matter for public discussion and you, of course, for many years have repre., sefited not only the senior citizens in this community but in many ways the cons- cience of this community and therefore, very much in keeping with who and what you are, having you here at this point representing not only the constituency but some- thing which is important to the City...Mr. Manager, would you address yourself to the subject? Mr. Grassie: This subject,.Mr. Mayor, is particularly difficult to talk about because I think that all of us have sympathy for the basic proposition that we ought to provide employment for senior citizens rather than have them dependant on other sources of money; but the simple fact is that we have depended upon the judgment of the individual departments of the city --the Department Heads-- in order to structure the very difficult job that we have had in cutting $2.9 million dollars out of the budget and in that process, among others, we have had to de- pend on the plans submitted by the Police Department, which is I believe the one that is being referred to here and that has called for the elimination of part- time jobs. I don't think that we are in a position to countermand that if we want to support the position of the Chief in the sense that he has to decide how he can best get public safety accomplished with the dollars that are available and the proposition that we have is really that simple. Mayor Ferre: All right. Mr. Friedson: Well, as long as you are talking on the subject of the Chief. The Chief was agreeable to put us in there for the first time when we were there two years ago and everybody was happy with it and they were doing a very good job, working half days, and really doing a good job; why can't the Chief consider it now? Suddendly, you left this in the hands of the Chief when before it was the Commission and the Chief who put the people to work and you all voted against it, everybody in the Commission voted against it...for it....and remember that we are also voters and tax payers, we are entitled to be hired just as anybody else. And especially when we are good citizens we even pay our own way, we support those that we feel are doing a good job and the rest we don't. I think that this is going to cause a lot of trouble. I think you ought to say something. Mrs. Gordon: Sure I'd like to say something, I'd like to see them retained if we could find a way...Mr. Grassie,..we,..I, I'm speaking for myself but I think I'm echoing the sentiments of the other Commissioners and maybe the Mayor too, I think that we are all very concerned that the experience and the contribution that could be made to society by those persons who we refer to as elderly, which elderly is really..you know..a state of mind, I know elderly people at 40 and I know young people of 80, so I wish there was a way that you could reanalyze your decision, I know that we are not to tell you what to do and I'm not telling you, I'm just expressing a wish, a sincere wish, that there would be another avenue we could approach perhaps for funding a program, perhaps there is a way, so that these people who have this much to offer can be retained and be permitted to serve. Mr. Grassie: All right, you know, it is wish that we all share, Commissioner, and I'm sure that no one regrets this more than the Police Chief but.... Mrs. Gordon: How about under one of those Federal Acts set up for elderly... you know, have we researched that to see if there are any monies available for funding that kind of service. There are a number of different programs and I'm sure that there is probably some research that could be done to permit this to continue. Mayor Ferre: Mrs. Skubish, for what purpose do you rise? Mrs, Skubish: Mr. Mayor, may I say a few words. Mr. Mayor, members of the Com- mission, my name is Pat Skubish. I've been approach by numerous senior citizens groups as well t*enior citizens employees themselves. Several years ago, the City of Miami led the nation in an innovative program in hiring the senior citizens. Calls were received from across the country on the publicity received on this outstanding program. When the budget was originally approved these senior citizens were included, only to be told the following month that they would no longer have jobs, I would strongly urge this Commission to reconsider the abolishment of this fine program which has helped their morale, whether they be employed by the City of Miami or not. Some day we will be senior citizens and it is nice to know that 31 JAN 131977 tithebody, like you Mr. Mayor and members of the Commission, cares. Mrs. Gordon: You know, when I spoke about Lizabeth Martell before I think 1 tMs expressing a reason....something that kept Lizabeth alive for several years longer than she might have lived otherse is because she had something to live for, she felt useful, she felt needed; and at the same time, the people who are working in these positions as senior citizens that we have been able to help in this way perhaps have been able to stay alive, have been able to stay healthy because they are physically and mentally busy, and honestly, I don't know Max if I've done you or the people any good but I do hope that we can, and I do hope that we will find a way. Mayor Ferre: Rose, I think that you have echoed the sentiments of all of us here and I guess, Mr. Grassie, that what the Commission is saying is rather than do this on a unilateral basis but could it be done on a graduated basis so that... you know, I know that everybody is sharing in the difficulties that we are having but is there any way that we can possibly reconsider this, in your opinion? Mt. Grassie: Well, Mr. Mayor, I think we have this kind of a situation that we have to face up to.. Not only do we have the part-time employees, the senior citizens that we are talking about, that are being affected directly, but we have a number of heads of household who are being affected directly and in those posi- tions also the question of impact has a relationship to how the City can best operate. There is a relationship between what positions are being eliminated and how the City is going to continue to operate under the fiscal constraints that we have. You know, I can share your sentiments and I can tell you that we'll re- consider but the plain truth is that the plan that has been developed is the one that in the opinion of the Department Heads maximizes their use of the dollars that are available to them. You know, I hate to give people false hopes and simply keep redoing things and not really do anything significant. Mrs. Gordon: glow many dollars does it come to? Do you happen, or maybe Jim Gunderson, ..do you happen to have a dollar figure? You know, so that we may put this into a context of cost? Is it possible, Mr. Manager? Mr. Grassie: Yes, every cut, every position, every half-time position, you know, everything that is being cut from the budget does have a dollar cost attached to it. Mrs. Gordon: You mean you don't have it at your fingertips. Mr. Grassie: No, I don't have it memorized but I could bring it to easily, but keep in mind that every one of those little pieces goes that $2.9 million dollars, and that's the real problem. you very up to make Mr. Friedson: I want to make one statement. If you are going to lay-off say.. of the Police Department, 10%, 20%, lay-off ours too, but don't wipe them all out because some of them are going hungry and I want you to know that, and it is going to be very difficult for me to tell them that their friends have cut them out. What shall I tell them? Mr. Plummer: Max, in all truthfulness, don't ever say that kind of a statement that their friends cut them out, budgetary restraints cut them out, shortage of dollars. We fought it here for almost two months and no one sitting up here, Max, wanted to cut the first employee. We were forced to cut 118 total this month and more to come. Mr. Friedson: The percentage that you cut them, cut ours too, but not..don't cut them off, what you did is you wiped them all out, and that's what I'm fighting for I want you to cut us at the same percentage that you cut the Police Department and we will get our people to revolve around that cut, and they will eat too, I think what you doing, in some cases, is that: you are taking bread out of their mouths and I think it's wrong. You are going to have to reconsider it somehow. I spoke to the City Manager and I'm sure that he understands my position, and you all know that I don't need it but, for God's sake, there are men and women who are hungry because you cut off their bread from their mouth and that's wrong. Mrs. Pascuali: I'm Lillian Pascuali, from the Congress of Senior Citizens. I think you people have lost sight of the fact that these men were hired part-time so that the younger policemen could go out and fight crime. Who's going to take their place in the office when they get fired? Figure that out, you are going to have a young man back at the desk and you are going to have less policemen on the streets to fight crime. JAN 131977 MMEff MEER WCIF OMR 16 ()) STAtus of LAY-OFFS IN SAN I T AT I UN DEPART -An Mts 5Mith Mr. Mayor, my name is Bill smith, Sanitation. We are losing waste Collectors and we are losing stand-by laborers and we can't function, we don't have enough waste collectors as it is and to lose waste collectors and standby laborers...who is going to be left to pick up the garbage? This is a question that we would like to know. These men put a lot of years in the City and now they are being told that they have no more jobs. We are undermanned as it is. Every year there is a cut, we have had to suffer the brunt of it. We are the most abused and misused department in the City, the truth is that we've also a family.... Mayor Ferre: Mr. Smith, isn't it also true that some of the people that are being let go in the Sanitation Department are heads of family... Mr. Smith: Yes, Sir they are, lots of families. How are they going to take care of their families? Mayor Ferre: See, that's the problem with all of these things...there are no easy answers. Rev. Gibson: Mr. Mayor, I want to ask a question and put it on the table. I remember when we were making up that budget that Plummer made it very clear that he did not want any policeman fired, he did not want any fireman fired, let go,.. whatever you are going to call it...dismissed, and I remember so well we were talking about a percentage of the budget across the board...you remember that?.. I remember also something was said that not a single person that works in Sanita- tion would be released....you remember this Mr. Grassie?..We had a deal with Dade County and nothing was going to happen to those guys who are were they are now... until you know...you deal with that..outfit...the transfer station, remember that? Well, if you don't remember or you weren't here I want somebody to research the record and come up with just statement, because I remember so well, J. L. Plummer I know Plummer acknowledged it...that no policeman...And then we agreed that we would take the percentage across the board, isn't that right? All other members of the Commission can speak because you all have responsibilities in these people. Now, I want to know..was that done?...You know, when you see 130 people....when I see a good number of people in one department go in, I want to know if that is true about the other departments because I don't see them down here, you follow me Mr. Manager? So I have real gut reactions, ok? And I know you were here when I said this, Plummer..in Bay Heights, you and Reboso, who live there, and Rose who lives down at the foot of the hill, --the day you all get no collection, then there is going to be no trouble as to whether you are going to get it or you are not going to get it, but I better make sure my collection is dealt with. Were you here when I said this? Mr. Grassie: I very well may have been, Commissioner. Rev. Gibson: O.k., If you are, I hope you redirect it and I got the assurance that everybody was going to keep that in mind and I just want to make sure that commitments are commitments. Mr. Fannato: Mayor I would like to say a few words. Honorable Mayor, members of the Commission, my name is Ernie Fannato, I am President of the taxpayers' league and Homestead Tax Exemption League. I am sorry to see all these senior citizens plus all of these city employees that were cut but I do remember that when the franchise tax election came about we said that if the franchise tax election lost there were going to be a lot of city employees and the temporary employees would be out of work. Now, I am very sorry to hear it, that's all I can say, and I am going to ask you Mr. City Manager and Mayor and Commissioners that there is going to be another City franchise election and I hope everybody gets behind it,Max Friedson,his powerful organization, our taxpayers' league and I do hope that the people get the message and know the truth, that taxpayers had a free ride in this election, they paid very, very little, 20 or some cents per month and they were going to get back millions of dollars, now we've lost these millions of dollar:: and we are going to have to make it up by taxing the taxpayers, take it out of the taxpayers' budget. Let's not do that again, let's win the next franchise election and, Mr. Mayor, Commissioners, City Manager, I want you to promise to give priority to City employees and to the senior citizens when this election is won, Can you do that, can we count on that? JAN 131977 Mayor terra: i tell you, a lot of people t.ho get around and sometimes they don't take Ernie FantiatO seriously, I want to tell you something, Ernie l'antlatb 'Makes more cotton sense when he comes up here with these things you know... and he's making a very valid point, Max,if this City had gone out and done all of us-- what we should have done and passed that franchise tax, we wouldn't be facing this problem today, you know, that's past history, so let's not... really, what Lillian said, and what Max has said is also valid, and what Mr. Smith is valid, and the problem is, you know,..... Mr. Friedson: If you want something...passed, you'd come down to our meetings, we've got 22 clubs here; come down to the meeting and get one of your people to speak to them and believe me, and if I talk to them, and if you speak to them, we'll get it passed, but we can't get it passed if you treat us that way, because you are treating us as stepchildren and we don't like that idea of being treated being put in, then being thrown out,..that doesn't make sense. Mayor Ferre: Max, in all fairness, you were asked to help and you did help, there is no question about it but unfortunately we didn't pass it but, let's not talk about that becuase, Ernie, you are right, but that's pant history now, there is nothing we can do about it now. Mr. Fannato: But there is going to be another election, that's the reason I said so, we are going to have the money and let's give these people priority and let's work twice as hard and give the people a true message and let them know the truth. Some of the media did not tell the people the truth, the meant good, but they didn't tell the people the cause and effect and what the remedy would be for that franchise tax election. We need it, we've got to save the taxpayers' money, that is the only remedy. Mayor Ferre: Mr. Grassie, is there any more light that can be shed on this? Mr. Smith: Mr. Mayor, my people understand that you let permanent people go and we are keeping manpower people who were supposed to be..through federal funds. It is my understanding that if we are going to let permanent people go what are you going to do with the manpower?...they have to go too. And how are we going to function with all of these people gone?..You know, the people who are making the cuts they are not doing the work, they are dealing with numbers and we have to deal with people. The people of the City of Miami expect this work to be done, you are raising their taxes and you are cutting back on their services and I'm quite sure that we are, most of us, in Miami, and we pay taxes the same as anyone else, so we have to look at the problem twice we are citizen and employee, and we feel that we are not being treated fairly to come into a Department and to take away 62 people and there is no way in the world that you are trying to replace them and still expect the level of service to be the same and still expect the people to have their garbage picked up. It's most unfair, something has to be done. Mr. Friedson: I am going to suggest one word, if the young people would take care of the old people, we wouldn't want it, but they don't. It seems that the majority of the elderly people have families and the families dump them and we have got to take care of them, it's wrong. Now, when you people are getting older remember that, and you better have a lot of money because if you don't you are going to go down the drain, you know...Make sure that you do do something for the elderly because the elderly are going to be mad and they are going to keep on being mad until they get it. Rev. Gibson: Mr. Mayor, members of the Commission, I would be derelict in my duty if I don't ask the Manager to do the following,number one... Mayor Ferre: Is this a motion? Rev. Gibson: ...This is a motion, I want to know how many individuals have been let go in each department in this budget crunch that we talk about, 1 want to know how much it cost.... Mr. Grissie: I believe that we've sent a list of each position to each member of the Commission. Rev, Gibson; You know, I've got the list but I've got no money figure, You see, if you let two go and two are getting $50,000 and you let $30,000 go and the same, and those $30,000 are getting $50,000,.,.that 'tain't equal, l know JAN 131977 whab equal is when it gets to dollars and cents, I may not know what equal is Whefi it refers to individuals but I want to make sure that...I want to know if you let any of the people out of Public Works go, I want to be specific.. I want to know ii you let any policeman go, I want to know if you let any fireman go, and then tell me what each fireman costs, tell me what each police= man costs, tell me what each engineer costs, tell me what every person in your office or those other that you fired, cost. And then maybe, we start talking..6 and then at that point we'll be able to tango. Mr. Friedson: Can I get a copy? Rev. Gibson: IL's public information. ..You know, I find it difficult to under stand this. Let me tell you something, Mr. Mayor, when you and I were running one of the things you said, when Plummer ran that's what was said, when Rose ran that's what was said, when Reboso ran this is what was said - one of the reasons for keeping the City of Miami is we have our own Sanitation Department, and that people in the City of Miami do not have to go through the back door and pick up their garbage,..do you remember that?,..we've given away the Library system, and we just went on and some of you wanted to give away the parks system, and cer- tain of us say: no, no, no: Mayor Ferre: And I tell you, you are a Commissioner and I am a Mayor because of that. Mr. Friedson: And we voted for you, and we are certainly entitled to something at least an understanding. Mayor Ferre: Now,..Father, you started out making a Motion and it ended up being a question. *Rev. Gibson: The point I want to make Mr. Grassie,..I only know what you all tell me here and I trust everybody and I expect everybody to keep a commitment. This is the way I operate, I run a church that way and I am not accusing you,... I just know that I want to know, I want to be satisfied and that is not being unreasonable. 1 want it within 10 days and at the end of the 10th day, if we ought another Commission meeting, Mr. Mayor, if we don't have a Commission meeting I want a Special Meeting called for that purpose. That's my motion. Mr. Grassie: Just so that we understand what we are talking about. I under- stand that what you would like would really consist in two lists. One would be a list of positions which have been cut from the budget which are vacant and which have a price tag, the other is a list of positions which have been cut from the budget, which were filled and which have a price tag for each position so that you can know what each one is costed out in the budget. (INAUDIBLE COMMENT). Com- missioner Plummer makes a point including fringe and of course, that's correct. That is the list that you want. We can get that for you in less than 10 days. We are going to have another meeting of the Commission on the 27th of this month. Now, having said all that I think that I need to be clear about where you are at - You know, we've gone through a rather long budget process. I've been operating for two months now with instructions with regard to budget cuts. We have made those budget cuts, we have gone through the rather difficult process of notifying the individuals of who is going to be laid off and now we are in the process were the letters are going out to individuals. The preparation for that is a question that takes literally months. Now, I simply want you to understand that we are three months into a process in this budget and I would not want you to feel that you are involved in a process of reconsidering your budget cuts unless that in fact what you a:e doing. I don't want to have that result without your intending that. Rev. Gibson: Well, let me say this, I want information, I want to be enlightened, I want to be educated, I want to be knowledgeable, o.k.? If we said, you need to reduce the budget by a certain percentage,...whether it was to be a 5% or a 10%, you know, I want to know if we really got 10% or we took..you know,...what we did, you follow me. Mr, Grassie: Possibly what you are asking Commissioner is whether the application of the budget cut was uniform through all departments. Mayor Ferre; Let the phrase it, can 1,,,, 11111II1111 I IIIII IO} IIIP,1I; r11111,11 1.1f4 ttaaeiet Can 1 tell you now what happened, you know, so that you'll know now and you can get all the documentation you like. What happened is two simple things, otte, as all of you know, the City is still in the process of closing down the incine- rator; two, the budget cut was applied to all departments uniformly. Now, those two things because they happened to coincide in time, had a dispropriationate impact upon the Department of Sanitation, it was simply a question of timing, everybody has known for several years that that was going to happen to the incinerator, the question was one of timing. Of those two things, ..are the only two things that have happened. Rev. Gibson: All right, let me say this now Mr. Grassie. It was also said at the time of the budget, when they were arguing about the budget, that nothing would be done until the people....A certain percent of those people would be let out, o.k.? it was also said that they would be let out in conjunction with, at the time of, that change, and that those people would be given adequate notice. Mr. Grassie, all I'm saying is --I have no objection to the lay offs provided we've kept up our part of the bargain which would have said, if it was six months we would have said to the people six months ahead of time, look, a certain number of people are going to be laid off, or....whatever, that was my understanding; and if it was not that way I want every member of the Commission who thinks anything of me would say - Gibson, you are right or if that is not or was not the understanding, even if you don't think nothing of me, say - Gibson, you are wrong. Mayor Ferre: I want to share with the Commission. You know, I...once in a while as I read and I like to read, and sometimes I run across things that synthesize feelings that sometimes we try to find words for and we are not up to the task. The other day I read something that really woke me up,..something that I've always felt but this expressed it in very few words. It said that we in the United States are living in a period of time when we are not libertarian in what we seek. We passed that period of time when we were looking for liberty, we are egalitarian, we are looking for equality, not liberty. And I think that what Father Gibson is expressing and I think for all of the Commission is that equality is something which functions in many ways, it functions in the hiring procedures, it also func- tions in the reverse, as we lay off people. And I think what Father Gibson is expressing for all of us very well is that we want to make sure that in this moment of pain and difficulty that we spread the load equally. It is not an easy thing to do, and Bill Daggs, probably one of the great men that this community has been fortunately to have, put it very well once, he said - this is a difficult life and there are no easy answers. And, there are no easy answers, Max, Lillian, Mr. Fannato and Mr. Smith, Ms. Skubish, Father Gibson, all of us, we are not looking for easy asnwers, it's a difficult problem and the solution is not going to be easy but we've got to make sure that we have done all within our power to spread not only on the happy side the joy but as we go on the negative side, the pain, and I guess that's really what we are saying. Mr. Friedson: Mr. Mayor, the elderly, we are over 200,000 here and all I am talking is 40 people that are working at the request of the Commission. Mayor Ferre: 26 Max, which makes your point even stronger, but the point neverthe- less, as Mr. Smith has expressed, is that there are heads of family that are being cut out who have chlldten and dependents but are just as involved, you know,...it'e not easy. I'm certainly not Salomon, and the last...I think the most difficult thing that any one could ask me to do, and I want to tell you that I sympathize with that man sitting over there in that chair. I would not have his job for all the tea in China. That has got to be the most difficult job in making a decision as to who to lay off, and I tell you, I've got nothing but respect for him in making these very, very hard decisions and I like to back him as much as is pos- sible and I want to tell you that he is a human and his approach is humanitarian and that he is conscious of the suffering that a lot of people are going through,... and I'm absolutely certain that when we get these answers that he is going to go about this in a just way. Mr. Friedson: Well, it seems to me that the only thing now is for him to make a decision. Mayor Ferre; He has made a decision Max. Mr. Friedson: He has made a decision so as far as he is concerned he has tely made his decision, now I am looking to you, Mayor Ferre; He has made the difficult decision end the question before ,ij whether or not we override this decision, JAN 131917. Friedsont That's right; I ant asking you to play fair with us because we play fait with you: yor Ferre: But in playing fair with you Maxs we have also got to play fait with the people Mr. Smith represents and the other people in this City that ate being laid off. Mt. Friedson: I am not questioning that. But at the same time, if you play fair with us, we have 20 odd jobs or whatevet...(INAUDIBLE COMMENT) ..26?..big deal. Mayor Ferre: No, that's plenty of jobs and that won't balance the budget. (INAUDIBLE COMMENT) We recognize that.. (INAUDIBLE COMMENT)...$2,700?...is that all we are talking about Joe? Mr. Grassie: Per person, that is given by Social Security, yes, Sir. Mayor Ferre: Well, we are not going to settle this situation today and people are pouring into this room, and we have a lot of other things that we have got to get into, this is not on the scheduled Agenda, so, Mr. Grassie, this is a critical matter and we would be grateful if you would send this information to the City Commission as soon as you possibly can. Mr. Grassie: We will get it to you sooner than in 10 days. Ms. Skubish: Mr. Mayor, I have one question for the City Manager please. Mr. Mayor, maybe you can enlighten me or the City Manager can. 13 full-time budgeted positions, they were approved, were they not for the 1977 budget?..and that's what these 26 senior citizens hold. We split them in half so that they can have employ- ment. These are regularly budgeted positions, you see, so when you go ahead and you take people out of regularly budgeted positions whether they are part-time or not you must in fact go ahead and terminate the people who are C.E.T.A. or man- power and I don't like that more than anybody does but but who work and more jobs, and that would go ahead and take away another 40 or 45 C.E.T.A., and I am just Looking for some direction from the City Manager, the City Attorney, Mr. Rob Parkins, or anybody else to enlighten me on this, because as I see it, Mr. Manager, Mr. Grassie, these are regularly budgeted positions which were cut in half, am I not correct? Mr. Grassie: You are wrong in making them equate correctly with other positions of a clerical nature in the City in that difference lies, you know, the problem that you appear to have. But the Human Resources Department has looked at this very carefully and they are satisfied that the process that they are following is correct. If you need more details I suggest that you ask them. Ms. Skubish: Well, I did ask the Manpower office downtown and this is the informa- tion they gave me, ..was that they were regularly budgeted positions and that if they are in fact laid off... Mr. Grassie: That is not at issue. What is in fact at issue is whether or not the positions are the same as... Ms. Skubish: "Like or similar" in the Manpower Act, "like or similar positions" Mr. Grassie. Mr. Grassie: Mr. Mayor, this is a matter which is basically for the staff of Human Resources Department to determine. Mayor Maurice Ferre: Is there anything else to come up before the Commission on this subject at this time? Mr. Dowman: Mr. Mayor, Commissioners, Mr. Manager, my name is Steve Dowman and since you have not been down there since election time I would like to introduce the men of the Sanitation too. They go out here every day when it is raining, when it is cold, when you are in bed sleeping, the men are out there pulling the garbage, when it is nice and cold and rainy and the maggots are crawling all over them,..I want to introduce all of these men to you, because I don't think that most of you have taken the time to come down and shake hands with us. I think we are still human down there, 1: think we are still performing the job which we are supposed to do, 1 don't know if we are performing the job for you but I know we are performing the job for the people of the City of Miami because I don't hear the people of the City complain and they are the ones who are paying our salaries. 'If anybody has a complaint about the Sanitation Department, I think there 'd're sole cititetis here not/ I'd like to hear them. Mr. Plummet, I know gets dot4tt and gets together with the Police Department, he knows how they ate wbitking. You mentioned the Human Resources, has any of the Human Resources Department men been down to talk with us?...Has any of them ridden in the back Of the trucks?..I say, if you want to know what our jobs are walk a mile ih out shoes first. I understand your situation, I understand the situation of these men who are going to be laid off, not just the 15 which it says in the paper but many, many more. I understand that again the City of Miami will be paying their salary as well as welfare and I think they much rather be working than going in welfare. Gentlemen think about this before you pass thing where next Thursday or whenever it is going to be it is going to be one heck of a toll -back and you are going to have one hell of a lot of dissatisfied people out there. You've got a couple of departments which are dissatisfied now. Think about it gentlemen, think about the citizens in the City of Miami, because they are the people that we are serving. Thank you. Mayor Ferre: Mr. Smith one last statement and then we are going to vote. Mr. Smith: Mr. Mayor, it was our understanding that the incinerator would stay open until the transfer station were built but now I understand that they are already starting to tear down the incinerator. The trucks and the equip- ment which we have to drive will never make it to the county dump, which means that the garbage of the people in the City of Miami is not going to be picked up like it should. The same problem is going to come right back to you, in more ways than one, and I'm suggesting that something be done to keep these facili- ties open until that station is built. .j" Mayor Ferre: All right. Is there further discussion at this point? If not, on Father Gibson's motion, is there a second to the motion. Rose Gordon seconds the motion, call the roll please. The following motion was introduced by Commissioner Gibson, who moved its adoption. • MOTION NO. 77-9 A MOTION REQUESTING THE CITY MANAGER TO FURNISH INFORMATION ON EMPLOYEES LAID OFF IN EACH DEPARTMENT INDICATING TITLES AND POSITIONS AND ANNUAL SALARIES. Upon being seconded by Commissioner Gordon, the motion was passed adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre RESOLUTION OF CONDOLENCES - RECENT DEATH OF W I IMAM PAWLEY. Mr,Plummer: Mr. Mayor, I tried to do it before Max jumped up but for a senior citizen he jumps up pretty quick, it should have been brought up during the Proclamations. I think Mr. Mayor that it should be appropriately noted on our Minutes and the appropriate resolution be drawn and sent to the family of Mr. Bill Pawley, who passed away. Mr. Pawley was very good to this City and the one thing that hurt me in all of the right ups that he received in the papers, they never make him recognition for making available $1,000 a year which went for the Miami Police Department top policeman for the year. I always considered that one of his important things but many other things of course were important, and 3 •'ould like to see the appropriate resolution from this Commission be forwarded to r.., Pawley's family. 4s Mayot Petre! Ali tight, piut er •ttoveS, seconded by Gibson, further discuSsibfi call the toll. The following (notion was intfodticed by COththissiottet Piuiti ►et, who gloved It§ adoption. MOTION NO. 77-10 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A SUITABLE 'RESOLUTION EXPRESSING THE CONDOLENCES OF THE CITY COMMISSION CONCERNING THE RECENT DEATH OF MR, WILLIAM PAWLEY. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- AYESt Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: FIRST READING ORDINANCE- ALTERNATIVE PENSION SYSTEMS Mayor Ferret All right, we'll take up item No. 12 on second reading. It ii an ordinance. Would you read the ordinance. Mr. Knox: Excuse Mr. Mayor, between first and second reading there have been substantial changes in the body of the ordinance, so significant it does not resemble the document that was passed on first reading and I request that we treat this as first reading for this ordinance. Mayor Ferre: All right, then this is a first reading for that ordinance. Plummer moves this first reading, Father do you want to second it? Rev. Gibson: Mr. Mayor, I have not read what is there but I want to make sure that we understand....I'11 second it with the full knowledge that it is if a person wants to be a member of the Retirement System. Mrs. Gordon: Mr. Mayor, could we please wait until there is quite in the chambers? Rev. Gibson: I want to make sure than when we pass this ordinance..I want to make sure I understand,..it isn't a question,..if you want to join the retirement plan, but you must join the retirement fund, whether it is this one or any other one. I find it repulsive and I don't think it is...it's just good sense to have people work for the City and at the time they have to retire then there is nothing there for them. I am seconding the motion but I want to make sure, City Attorney, that you know that if it isn't there then I'm going to voting against. Mrs. Gordon: George, is Father Gibson's request for mandatory joining of a system, is that in here? Mr. Knox: Previously, that was an option available to certain city employees to reject membership in the City program. Now, the language of this particular ordinance indicates that the employee may reject membership in the City and may elect to contribute to another system. Do you understand? Rev. Gibson: I don't want no "may",...shall! You see, let me say this. If we don't learn now by what has happened in the past, we would not have lived fully. You have some blacks who work for the City who were denied admission into the Pension System in early years then when you changed somebody sold them on the idea that no, no, no, their money was better in the pocket. Now, you and I, after a guy who works fifty years So, I don't want it "you may".. but "he shall" JAN 131977 joi i any dO4lone systeit he wants but he is going to join a system, he ain't going to be working for this City and then when he becomes incapacitated then We have to pass a bastion, that's the point. Mr. Grassie: In other Words, he must join one system or the other. ReV. Gibson: He must join, I don't care which one, but he must join. Mayor 'Ferret Alright, with that clarification... Mrs. Gordon: I have some questions that need to be reconciled, Mr. Mayor. I called a meeting of the joined Boards of the System and Plan, and from that meeting came about the revised version that has just been read to you. However, there is just one question that I want Mr. Grassie to clarify for me and that is this point. In the event that one of the persons who may come on board who would qualify for a Pension Plan or System, this ordinance relates itself only to the Plan, not to the System. In other words, Fire or police would not come under this or is this intended to cover them too? Mr. Grassie: It's intended to cover any position that is named in the ordinance. Mrs. Gordon: Fine, then the amount of the contribution would be the thing... Mr. Grassie: ...the one stated. Mrs. Gordon: ...if they chose, they could be come a member of the System, they chose not to for whatever reason, they would receive no other contribution on behalf, by the City than the amount so stated... Mr. Grassie: ...except as specified in the ordinance, that is correct. Mrs. Gordon: Thank you, that clarifies it. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING THE RIGHTS OF INDIVIDUALS HOLDING THE POSITION OF CITY MANAGER, CITY ATTORNEY, CITY CLERK, ASSISTANT CITY MANAGER, DEPUTY CITY ATTORNEY, ASSISTANT CITY CLERK, EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD, EXECUTIVE SECRETARY OF THE PLANNING AND ZONING BOARD, CITY PHYSICIAN, DIRECTOR OF A DEPARTMENT ESTABLISHED BY THE CHARTER OF THE CITY OF MIAMI OR BY ORDINANCE AS AUTHORIZED BY SUCH CHARTER, ASSISTANT DIRECTOR OF A DEPARTMENT; COMMUNITY AFFAIRS DIRECTOR; ASSISTANT COMMUNITY AFFAIRS DIRECTOR; LABOR RELATIONS COORDINATOR; ASSISTANT LABOR RELATIONS COORDINATOR; ASSISTANT TO THE CITY MANAGER III; ASSISTANT TO THE CITY MANAGER II; WITHIN ONE YEAR FROM HIS OR HER COMMENCEMENT OF EMPLOYMENT OR WITHIN SIX MONTHS FROM THE EFFECTIVE DATE HEREOF, WHICHEVER IS LATER, TO REJECT MEMBERSHIP IN THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED); FURTHER PROVIDING THAT THE CITY SHALL CONTRIBUTE AT THE RATE OF 8% OF THE INDIVIDUAL'S ANNUAL SALARY TO A RETIREMENT PROGRAM WITH ANY PUBLIC TRUST FUND NAMED BY THE AFORESAID INDIVIDUALS AND APPROVED BY THE CITY COMMISSION IN LIEU OF THE CITY MAKING A CONTRIBUTION ON BEHALF OF THE AFORESAID INDIVIDUALS TO THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN; ALSO PROVIDING THAT THE CONTRIBUTION MADE BY THE EMPLOYEE MEMBERS OF THE RETIREMENT PROGRAM SHALL BE MADE AT A RATE OF NOT LESS THAN 5% OF THE INDIVIDUAL'S ANNUAL SALARY; PROVIDING THAT IN ORDER TO PARTICIPATE IN THE HEREIN RETIREMENT PROGRAM, SAID INDIVIDUALS SHALL, WITHIN SIX MONTHS FROM THE EFFECTIVE DATE HEREOF OR WITHIN ONE YEAR FROM THE DATE OF THEIR EMPLOYMENT WITH THE CITY OF MIAMI, SUBMIT TO THE CITY COMMISSION A WRITTEN RETIREMENT TRUST AGREEMENT WHICH WILL PROVIDE FOR THE ACCEPTANCE BY THE INDIVIDUALS OF THE HEREIN RETIREMENT PROGRAM IN LIEU OF MEMBERSHIP IN THE MIAMI CITY EMPLOYEES' RETIREMENT PLAN; ALSO PROVIDING THAT WITHIN THE AFORESAID TIME PERIOD A SECOND RETIREMENT TRUST AGREEMENT BETWEEN THE CITY OF MIAMI AND THE AFORESAID PUBLIC TRUST FUND SHALL BE SUBMITTED BY THE INDIVIDUAL TO THE CITY COM:ISSION FOR ITS APPROVAL AND EXECUTION; ALSO PROVIDING THAT THE AFORESAID SECOND AGREEMENT AUTHORIZE THE CITY TO TRANSFER THE CONTRIBUTIONS OF BOTH THE 43 JAN 131977 ±NbtVIDUAL AND THE CITY TO THE AFORESAID PUBLIC TRUST FUND; '- t5VIbtNG THAT AT NO TIME SHALL ANY MEMBER OF THE HEREIN TIREMENT PROGRAM ENJOY ACTUAL OR CONSTRUCTIVE RECEIPT OF IIIS OR HER CONTRIBUTION OR THOSE MONIES CONTRIBUTED ON HIS OR HER BEHALF BY THE CITY OF MIAMI PRIOR TO REACHING AGE 55 6R BECOMING DISABLED; FURTHER PROVIDING THAT UNDER NO CIR- CUMSTANCES SHALL ANY OF THE ABOVE INDIVIDUALS BE PERMI'TThD TO REJECT SUCH MEMBERSHIP IN EITHER OF THE AFORESAID RETIREMENT PLANS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner' Plummer and seconded by Commissioner Gib Oh and passed on its first reading by title by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson 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. Mrs Gordon: I would like to let you know, Mayor and Commissioners, that having that joint meeting was a good thing for us because all of the people who would have had reservations and misunderstandings or whatever about what you're attempting/o to do are in accord. 19, FIRST READING ORDINANCE- ESTABLISH RATES FOR OFF-STREET PARKING LOTS Arm GARAGES. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING RATES AT CERTAIN OFF-STREET PARKING LOTS AND ESTABLISHING THE BASIC HOURLY RATES AT MUNICIPAL PARKING GARAGES NOS. 1, 2, 3, and 4, PROVIDING FOR THE EFFECTIVE DATE OF MARCH 1, 1977 FOR SAID RATES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson its first reading by title by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre and passed on 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. BIER IMMIW 'JAN 13197/ its 2U, VERGENCY ORDINANCE AP MIME $26,250 FOR CULTURAL AFFAIRS OFFICE, Mkt Plummer: What's the reason for the emergency? Mr. Grassie: 1 understand, Commissioner, that the program got studied in Oothiber and has been accruing costs against this grant. That was the only reason. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING 1976-77 APPROPRIATION ORDINANCE NO. 8589 AS AMENDED, BY APPROPRIATING $26,250 FOR ADDITIONAL REVENUES AND EXPENDITURES FOR PROGRAMS FOR THE CULTURAL AFFAIRS OFFICE OF THE DEPARTMENT OF PARKS AND RECREATION; SAID REVENUES TO BE RECEIVED FROM THE NATIONAL ENDOWMENT FOR THE ARTS AND THE FLORIDA ARTS COUNCIL; AUTHORIZING THE CITY MANAGER TO IMPLEMENT THIS PROGRAM; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, 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 Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded bar Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8606 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 21, BRIEF DISCUSSIO ITEM: APPRAISAL ON CONDEMNED BUILDING 185-185 N.E. BOTH TERRACE. Mayor Ferre: Alright, now we passed 15 and 16, Rose. Mrs. Gordon: I know but I wasn't in the room when you passed them. Mayor Ferre: Do you have any comments? Mrs. Gordon: On 15 I have no real comments but on 16 I have a question and that is was there an appraisal made on that property. Now I didn't ask that on the first one because I recognize the price and the location. Mayor Ferre: Was there appraisal, Mr. Manager, on item number 16 for the two story commercial building and land located at N.E. 80th Terrace? Mr. Grassie: Yes sir, I understand there was and let me get the name of the appraiser for you. I understand that the amount of the appraisal was $87,250, Mrs. Gordon; Was that the higher of two or was it the only one? Mr, Grassie: My impression is the only one. YJ JAN 131977 Mr3'. Oftdoh: Alright; as a matter of procedure, Mr. Grassie. Mr, Brassie: I agree entirely, Commissioner and I have given that ihS tTdti8r►. Prdit how on that is going to be listed on the cover sheet. Mrs, Gordon: That will be part of the packet that I will receive and this form and that as supporting material. Mr. Grassie: Well I hope not. What I would like to do is list on the covering memorandum the appraisal, who did it and what the amount was and a copy of it Will be available to you but these are normally documents of about 25 pages. Mrs. Gordon: That's okay, I understand. As long as if there is more than one you so tell us. Mr. Grassie: I will state how many, how much each one was... Mrs. Gordon: And the dates they were made. Mr. Grassie: That's correct, I have already given that instruction: Mayor Ferre: Is that alright then, Rose? Mrs. Gordon: Yes, the Manager says that the amounts,.,' k} Mr. Grassie: I'm going to verify that for you. _.u_ _.n'•,��:�a�;% 4G JAN 131977 AUTHORIZE CITY MANAGER AND — FOR THE PURCHASE OF REAL ESTATE CITY CLERK TO ENTER INTO BRIEF DISCUSSION AND DEFERMENT TO JAN127/77, AGREEMENTS Mayor Ferre: There's a motion that item #17 be deferred until the next meeting. Seconded by Rose Gordon. Further discussion. Call the roll on the deferral. A motion to defer this matter to January 27th meeting was passed and adopted by the following vote: AYES: Mr. Plummer. Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson, and Mr. Reboso. 23 BRIEF DISCUSSION ITEM: FORMALIZATION OF ORGANIZATION OF AMERICAN STATES AGREEMENT - (DEFERRED TO LATER) SAME MEETING), Mr. Grassie: The question that Commissioner Gordon asked, the City did one appraisal. It was done by Lennard Biz. The amount of the appraisal was $87 250.00. Mrs. Gordon: That's ok. Record my vote as yes on that item. Mayor Ferre: Item 19, resolution authorizing and designating the Mayor to formalize an agreement of understanding between the OAS and the City of Miami to conduct an Inter -American Trade Fair in Miami early in 1978. Mr. Plummer: Move it. As revised. Mayor Ferre: As revised. Seconded by Mrs. Gordon, under discussion. Mr. Crumpton. Mr. Evelio Ley, the other day told me that in his opinion the budget for this is going to be about a million 700 thousand dollars, that's a lot of money. Obviously, the City of Miami can't fund it. We're going to need federal, state and county, and local cooperation. By this agreement are we bound? Mr. Crumpton: Mayor,there is a phrase in the agreement that states both on the OAS's part as well as the city's part, if there are any complications budgetary wise and so forth it can be desolved. Mayor Ferre: In other words, we got an escape hatch, or we got a divorce clause or whatever you want to call it, is that correct? Mr. Crumpton: That's correct. Mayor Ferre: Where is that stated? Mr. Crumpton: It's not in your resolution, but it's in the draft of the agreement... Mrs, Gordon: But we're passing a resolution Charlie, it doesn't say it. Mr. Crumpton: The intent of the resolution,., I know it doesn't say it in the resolution, The resolution is to authorize the Mayor to ... Mrs, Gordon: Yea. but to authorize it, it almost says the Mayor must. It almost doesn't even, you know, give him a choice the way I read it. Mr. Crumpton; Well, either enter into it or you don't enter into it. JAN 131977 Mfe� Jordon: All right, it's authorizing the execution of an atIreerent and further authorizing .... and to commit the full Outport of the City Commission as unqualified participation in the matters to be contained in the former agreement and so on and so forth, that's awfully broad. I don't like the way it's written. Mr. Crumpton: Well. we purposely be enough latitude in there to do Mrs. Gordon: It's very strong in needs to be quite so strong. Mr. Crumpton: Then make a modification ... Mrs. Gordon: I think I'd rather. I withdraw my second. Mr. Crumpton: We can amend a word and... Mrs. Gordon: Well, let's change it and then we'll vote On it We'll just let it go until later in the day. made it broad so that there would what it was necessary... its wording and I don't think it 24, APPROVE EMPLOYMENT of ROYAL TRUST BANK OF MIAMI, N.A. CUSTODIAL SERVICES - SECURITY PORTFOLIO FOR RETIREMENT SYSTEM, Mayor Ferre: The next item to come before us is a resolution approving the employment by the Board of Trustees of the Miami City Employees' Retirement System of the Royal Trust Bank of Miami. N.A..... Mr. Plummer: I'll move it. Mayor Ferre: A11 right, it's moved by Plummer. Seconded by Mrs. Gordon. Further discussion. Call the roll. Mrs. Gordon: Wait a minute. On discussion, I want to ask your opinion Mr. Manager, are you recommending this? Mr. Grassie: Well, the only information that I have er is what has come out of the board consideration. represents me on that board and I would ask that he question. Mrs. Gordon: No, not on that board. on that Commission - Jim Gunderson e speak to the Mr. Grassie: Oh, that's right he doesn't, does he? (laughter) The only thing that I have is the paper record of the lecommendation of the board Commissioner. Mrs. Gordon: Ok, I'll take Vince's recommendation. Mr. Grimm: Our recommendation is yes Mrs. Gordon. This came about if you may remember with Father Gibson objecting primarily to the fact that the boards were going out-of-town to find a bank to be our trustee. Mrs. Gordon: I recall. Mr. Grimm: And, our initial presentation to the Commission was limited to about five banks, all of which were out -of --town and that was not acceptable to the Commission either. So, we then through advertisements, solicited and your package has a proposal of about eighteen or so different banks that submitted a price. From that the board selected five and invited them for interviews before the board and from those five came your unanimous recommendation which... JAN 13 1977 dordOn: Oh, that's what I wanted to know . was it uhaftimmua/ Mre driMnt ''es ma'am. Mr. Plummer: Plus they were the low bidder. Mrs. Gordon: But that was a unanimous decision Of the )Oa 'd. Mr. Grimm: Yes ma'am. Mrs. Gordon: All right. Mr. Plummer: The lowest qualified. The lowest bidder was not qualified as I understand it. Mrs. Gordon: Was the bid lower, is it a cost saving factor as compared to the present? Mr. Grimm: Our present one is about twice or three times as =nueh as this. This bid is $3,270.50 a quarter. Mr. Plummer: We had been paying Rose about eleven or twelve a quarter. Mrs. Gordon: Per quarter? Mr. Plummer: Per quarter. Mrs. Gordon: For the one board? Mr. Grimm: Yes ma'am. Mrs. Gordon: Ok. All right, I seconded the motion. Mr. Plummer: Why do you think I moved it in such a hurry? Mrs. Gordon: I don't know. I ask questions. that's how I get answers. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Plummer. who moved its adoption: RESOLUTION NO. 77-11 A RESOLUTION APPROVING THE EMPLOYMENT BY THE BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM OF THE ROYAL TRUST BANK OF MIAMI, N.A., TO PROVIDE CUSTODIAL SERVICES FOR THE SECURITY PORTFOLIO OF THE SAID SYSTEM'S TRUST PROPERTY IN ACCORDANCE WITH THE ATTACHED SCHEDULE AND BACKGROUND SUBMITTED BY SAID ROYAL TRUST BANK OF MIAMI, N.A.; AND UPON THE FURTHER CONDITION THAT THE PARENT COMPANY, THE ROYAL TRUST COMPANY, BY ACCEPTABLE WRITTEN DOCUMENTS, COMMIT ITS FULL RESOURCES TO UNDERWRITE AND GUARANTEE THE FAITHFUL PERFORMANCE OF ITS SUBSIDIARY COMPANY, THE ROYAL TRUST BANK OF MIAMI, N.A., IN THE AFORESAID PROVISION OF SERVICES. (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 Wa8 posed and adopted by the following vote- 'mat Mrs. Gordon, Mr. tlu Mer. and Mayor Terre. Iota : None. ABSENT: Re/ Gibson. and Mr. Reboso. 25. ORDERING RESOLUTION - SILVER BLUFF SANITARY SEWER IMPROVEMENT SR=5414 S (SIDELINE SEWER), who The following resolution was introduced by Cornmissi moved its adoption: RESOLUTION NO. 77-12 ne r Plummer. A RESOLUTION ORDERING SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5414 S (sideline sewer) AND DESIGNAT- ING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SILVER BLUFF SANITARY SEWER IMPROVEMENT DISTRICT SR-5414 S (sideline sewer). (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) 'Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson and Mr. Reboso. 26, ORDERING RESOLUTION- SILVER BLUFF SANITARY SEWtR IMPROVEMENT SR-5414 C (CENTERLINE SEWER). The following resolution was introduced by Commissioner Plummer. who moved its adoption: RESOLUTION NO. 77-13 A RESOLUTION ORDERING SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5414 C (centerline sewer) AND DESIGNA- TING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SILVER BLUFF SANITARY SEWER IMPROVEMENT DISTRICT SR-5414 C (centerline sewer); AND ALLOCATING $10,000 FROM THE SANITARY SEWER BOND FUND TO COVER THE COST OF PRELIMINARY AND INCIDENTAL EXPENSES. (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: Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. and Mr. Reboso. JA N 131977 /, AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING- OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - GARDEN SANITARY SEWER 1NFROVT SR-5385 (BID A&B), The following resolution was introduced by Commissioner Plunet, who tbved itt adoption: RESOLUTION NO. 77-14 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF GARDEN SANITARY SEWER IMPROVEMENT SR-5385 C (centerline sewer) AND SR-5385 S (sideline sewer) BID "A" (SANITARY SEWERS) IN GARDEN SANITARY SEWER IMPROVEMENT DISTRICT SR-5385 C (centerline sewer) and SR-5385 S (sideline sewer) BID "A" (SANITARY SEWERS). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Father Gibson and Mr. Reboso. 28, AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - GARDEN HIGHWAY IMPROVEMENT H-4374 - (BID C - HIGHWAYS) The following resolution was introduced by Commissioner Gordon, who`,,; moved its adoption: RESOLUTION NO. 77-15 A RESOLUTION AUTHORIZING THE CITY CLERK TC FUIIISb A NOT)CE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF GARDEN HIGHWAY IMPROVEMENT H-4374 BID "C" (HIGHWAYS) IN GARDEN HIGHWAY IMPROVEMENT DISTRICT H-4374 BID "C" (HIGHWAYS). (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; Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre NOES; None. ABSENT; Father Gibson, 5: JAN 13197/ L WORK- VIRGINIA KEY FILL) PHAsE Ili 1976 P1'ummer: What did Lowell Dunn Company do? Mr. Parkes: Commissioner Plummer. they removed the excess fill from the northerly end of Virginia Key down to the dump so we could cover the dump material according to the DERN's require- ment. Mr, Plummer: In other words, all they did was move the sand from one end of the island down toward the center covering up the tracks. Mr. Plummer: For 178,000 dollars. Mr. Parkes: No. this was, one contract was for $80,700. Along with that was a $65,000 cash allowance that we had for extra work. That was approved and spent. Then the Commission by a resolution 76-920 increased the scope by $33,000 making a total of $178.700. Mr. Plummer: Bill. my question is the only thing they did was move dirt from one area to another. Mr. Parket: That is correct. 150,000 cubic yards. Mayor Ferre: All right, any further questions on this? Mr. Plummer: Well, we don't have any choice,I don't like► maybe, what's going on but we have to... if the work is done and completed I'll move it. Mayor Ferre: All right. Plummer moves. Gibson seconds. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-16 A RESOLUTION ACCEPTING THE COMPLETED WORK PER- FORMED BY LOWELL DUNN COMPANY AT A TOTAL COST OF $178.366.37 AND AUTHORIZING A FINAL PAYMENT OF $17,839.40 FOR THE VIRGINIA KEY FILL, PHASE II - 1976. (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 - YES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None,. JAN 131977 ACCEPT CCVPLEM WORK: NIE1 83Rn STREET PAVING PRU1GGfii The following resolution was introduced by commissioner PIUMM@r, Who mover its adoption: RESOLUTION NO. 77-17 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUC- TION OF METRO CONTRACTORS CO., INC. FOR THE N.E. 83 STREET PAVING PROJECT AT A TOTAL COST OF $8,896.36; AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $1,122.36; ALLOCATING THE ADDITIONAL AMOUNT OF $1.122.36 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUND"; AND AUTHORIZING A FINAL PAYMENT OF $1,899.76. (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 passed and adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer. Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: Norte. ACCEPTANCE OF PLAT: PERCIVAL GARDENS, The following resolution was introduced by Commissioner Reboso► who moved its adoption: RESOLUTION NO. 77-18 A RESOLUTION ACCEPTING THE PLAT ENTITLED PERCIVAL GARDENS, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson. the resolution was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer. Jr, Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOBS: None. JA N 1 3 1977 mmw INK m AcCEPTANCE OF PLAT: TAVILLA SALLY ASSOCIATES SUBDIVISION The following resolution was introduced by Conunisaiot r dordon, whO moved its adoption: RESOLUTION NO, 77-19 A RESOLUTION ACCEPTING THE PLAT ENTITLED TAVILLA REALTY ASSOCIATES SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. APPOINTMENT: MARISA SCHERZER TO AFFIRMATIVE ACTION ADVISORY BOARD. The following resolution was introduced by Commissioner Gordon, 'rho moved its adoption: RESOLUTION NO. 77-20 A RESOLUTION APPOINTING MARISA SCHERZER TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD AS THE REPLACEMENT FOR YVONNE SANTA-MARIA WHO HAS BEEN CHOSEN TO SERVE AS THE AFFIRMATIVE ACTION OFFICER FOR THE CITY OF MIAMI, UNDER ORDINANCE NO. 8519, ADOPTED FEBRUARY 10, 1976, THE HEREIN APPOINTMENT TO BE FOR THE REMAINDER OF THE TERM OF SAID YVONNE SANTA-MARIA WHICH EXPIRES MARCH 25, 1978. (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 Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre JAN 131977 m ESF H== ACCEPT CITY CLERK CERTIFIED RESULTS OF RETIREMENT BOARD PLAN ELECTION, (CONFIRMING ELECTION IBIS OE JESUS AND ANNE HARRIS), The following resolution was introduced by Corinissibfl r Plummer, who moved its adoption: RESOLUTION N0. 77-21 A RESOLUTION ACCEPTING THE CITY CLERK'S CERTI'XEb RESULTS OF THE ELECTION CALLED FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE RETIREMENT BOARD OF THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN BY THOSE GENERAL CITY EMPLOYEES WHO ARE MEMBERS OF THE SAID PLAN AND CONFIRMING THE ELECTION OF LUIS A. DE JESUS AND ANNE HARRIS TO THE AFORESAID RE- TIREMENT BOARD FOR A TERM EXPIRING DECEMBER 31, 1978. (Here follows body of resolution, omitted here and file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, adoption: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. who moved its 35, APPROVING EMERGENCY AUTHORIZATION - LEASE PURCHASE OF DISK CONTROL MECHANISM FOR BURROUGHS 1700 COMPUTER, Mr. Plummer: Is that thing working? Mayor Ferre: Well obviously ... Mr. Plummer: Oh no, no. I'm asking the question, that that thing working according to specifications? Mr. Grassie: Are you talking about the burroughs Commissioner? Mr. Plummer: Yea. Mr. Grassie: Yes we're more down -time than we thought we should, but we're trying to make it work. Mr. Plummer: Have you reviewed all of the things pertaining to the Burroughs machines and are you satisfied that we got a good deal before we go spending emergency monies to try to make a bad situation good. Mr. Grassie: No, I have not reviewed all of the things about it and I feel that in terms of the type and size of equipment that possibly we should of gotten a different piece, but this is time saved and we're all smarter that way. What we do have to do in the short run is make the thing work and this level of investment I think is justified. , Plummer: Well, I would appreciate Mr. Manager you going forth and reviewing all of this. At your leisure, I'm not going to put you under a time gun and I thin% you ought to come back and tell this Commission exactly what you feel of the situation, because there JAN 131977 r4$ WAR sothe people hete who made dome pretty strong recommendations to go this particular route and the last that I heard was that this thing aint running the way it should and that might even be a breach to cancel the contract we have with these people if this is in fact the case. Mayor Ferre: All right, Mr. Plummer in the interest of moving along do you want to put this off? Mr. Plummer: No. it's an emergency. They got to have it Mr. Mayor or you and I don't get our pay check. Mayor Ferre: Mr. Plummer moves item # 31. Commissioner Reboso seconds. Further discussion. Manager recommends. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-22 A RESOLUTION APPROVING, RATIFYING AND CONFIRMING THE CITY MANAGER'S EMERGENCY AUTHORIZATION OF THE ISSUANCE OF A PURCHASE ORDER FROM THE AVAIL- ABLE FUNDS OF THE DEPARTMENT OF MANAGEMENT SER- VICES, DIVISION OF COMPUTER SYSTEMS, COMPUTER RENTALS ACCOUNT (INDEX NO. 270777) IN THE AMOUNT OF $2.567 PER ANNUM FOR THE LEASE -PURCHASE OF A DISK CONTROL MECHANISM FOR THE BURROUGHS 1700 COMPUTER, FOR A FIVE YEAR PERIOD AT A TOTAL COST OF $12,835. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, who moved its adoption: AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 56, CHANGE DATE OF CITY COMMISSION METING FROM MARCH 10 TO 17, 1977. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-23 A RESOLUTION CHANGING THE REGULAR CITY COMMISSION MEETING OF MARCH 10. 1977 TO MARCH 17, 1977. (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: Mrs. Gordon. Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES; None. ABSENT: Father Gibson. JAN13)91,% IP CHANGE DATE OF CIO( COMMISSION MEETING FROM MARCH 24 To MARCH 31) 1 /7 The following resolution was introduced by Commissioner Plummer, who moved its adoption RSSOLtfl.ION No. 77-24 A RESOLUTION CHANGING THE REGULAR CITY COMMISSION MEETING OF MARCH 24. 1977 TO MARCH 31, 1977. (Here follows body of resolution, omitted here and or file in the Office of the City clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon. and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 58, APPOIt1 I NENTS TO THE CITY OF MIAMI CONMI I I EE ON ECOLOGY AND BEAUTIFICATION, The following resolution was introduced by Commissioner Plummer. who moved its adoption: RESOLUTION NO. 77-25 A RESOLUTION APPOINTING MR. LEWIS A. FRASER, MR. KENNETH CLIFFORD AND MR. W. W. PRESSLEY TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon. the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon. Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 57 JA P; ; `S 1977 MMIK APPOINTMENTs TO THt CITY OP MIAMI INTERRATIoNAL FOLK FESTIVAL MITT, The following resolution was introduced hy Commissinner d8fd©n, who moved its adoptions RESOLUTION NO, 71-26 A RESOLUTION APPOINTING MRS. MARGARITA DAHLGREN, MILS. NOELI GONZALEZ, DR. BOB LO AND MR. LUIS PACHECO TO SERVE AS MEMBERS OF THE CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL COMMITTEE. (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer. the resolution was passed and adopted by the following vote - AYES: Mr. Plummer. Mr. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 40. AUTHORIZE CI IY MANAGER TO - URBAN LEAGUE OF GREATER MIAMI) ENTER INTO AGREEMENT INC. (3 C.E.T.A. POSITIONS) The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-27 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH URBAN LEAGUE OF GREATER MIAMI, INC., A NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING THREE (3) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS, FOR THE PERIOD BETWEEN JANUARY 3.1977 AND SEPTEMBER 30, 1977 TO BE FUNDED THROUGH A C.E.T.A. ALLOCATION AT A RATE NOT TO EXCEED $2,750 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREE- MENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CON- SORTIUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES; Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. • MEMMW MEMEL MEMEW EWER MMEW MEE MEW MOW JAN 131971 AUTHORI7E CITY MANOR TO ENTER INTO AGRF21 NT The following resolution was who Moved its adoption: UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC, (3 C,E,T,A, POSITIONS) introduced by Commissioner Gordon. RESOLUTION NO, 77-28 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC., A NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING THREE (3) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS, FOR THE PERIOD BETWEEN JANUARY 3. 1977 AND SEPTEMBER 30, 1977. TO BE FUNDED THROUGH C.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $2233 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM. (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, passed and adopted by the following vote - AYES: Mrs. Gordon. Mr. Plummer Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. who the resolution was 42, AUTHORIZE CITY MANAGER TO BEAFONTE TACULCY ENTER AMEND AGREEPENT (oNE C.E,1,A. POSITION) The following resolution was introduced by Commissioner Gordon. moved its adoption: RESOLUTION NO. 77-29 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE BELAFONTE- TACOLCY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING ONE (1) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITION TO BE FUNDED THROUGH C.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $653 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM; SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOYMENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30,1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon bei.ig seconded by Commissioner Plummer, the resolution wag passed and adopted by the following vote- AYES; Mr, Plummer Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES; None. ASSENT Father Gibson. 0 43. AUlHoRia. ci IY MANAGER TO /VEND AGREENIENI The following resolution was who Moved its adoption: CHIRSTIAN CO1MUNITY SERVICE AGENCY) INC. (oNE L .E.T.A. POSITION). introduced by commissioner Gordont RESOLUTION NO. 77-30 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE CHRISTIAN COMMUNITY SERVICE AGENCY, INC., A NONPROFIT ORGANIZATION FOR THE PURPOSE OF SUBCONTRACTING ONE (1) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITION TO BE FUNDED THROUGH C.E.T.A. ALLOCA- TION OF FUNDS AT A RATE NOT TO EXCEED $916 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM; SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOY- MENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30, 1977. (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: Mr. Reboso, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 44, AUTHOR1E LITY MANAGER TO - COCONUT GCE FAMILY CLINIC AND AGREENENT (no C.E.T.A. POSITIONS). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-31 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE COCONUT GROVE FAMILY CLINIC, A NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING TWO (2) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $1686 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM, SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOYMENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30,1977. (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 - AIMS; Mr. Plummer, M/. Reboso, Mxs, Gordon, NOBS: None, AOSENT: Father Gibson. (,0 and Mayor Ferree 1 4.1 1977 al= UTHORIZE CITY MANAGER To - LATI N CHANGER OF c;ONNERCE OR U, S, A, AND AGREEIEY (THREE C,E,T,A, POSITIONS) The following resolution was introduced by Commissioner Re.o o, Wh moved its adoption: RESOLUTION NO. 77-32 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE LATIN CHAMBER OF COMMERCE OF U.S.A., A NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING THREE (3) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS' TO BE FUNDED THROUGH :.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $2653 PER MONTH. INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM, SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOYMENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30.1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon. the resolution was passed and adopted by the following vote - AYES: Mr. Reboso. Mrs. Gordon, Mr. Plummer. NOES: None. ABSENT: Father Gibson. and Mayor Ferre. 4b, AUTHORIZE CITY MANAGER TO - PUERTO RICAN OPPORTUNITY INTER AMEND AGREEMENT (tyro C,E,T,A, POSITIONS). The following resolution was introduced by Commissioner Plummer. who moved its adoption: RESOLUTION NO. 77-33 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE PUERTO RICAN OPPORTUNITY CENTER A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING TWO (2) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $1,548 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM; SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOYMENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30.1977. (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- AWS: Mrs. Gordon, Mr, Plummer, Mr. Reboso, and Mayor Ferre. NOES; None, ABSENT: Father Gibson JAN13 371 Mr AUTHORIZE CITY MANAGER TO - SABER, INC, MEND AGREEMENT (ONE C, E, T. A, Pos iTtON) i Plummer: May I ask who is Saber,Inc.? .., who are they? Mr. Grassie: Mr. Paredes, will answer that Commissioner. Mr, Paredes: It's a spanish speaking agency which trains people that are on job training. Does the SABER stand for an organizational name? Yes it does. Would you furnish me at your convenience of who they Go ahead Mr. Mayor call the roll on 43. Call the roll on 43. Mr. Plummer: Mr. Paredes: Mr. Plummer: are please? Mayor Ferre: The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-34 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH SABER, INC., A NON- PROFIT ORGANIZATION, FOR THE PURPOSE OF SUB- CONTRACTING ONE (1) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITION TO BE FUNDED THROUGH C.E.T.A. ALLOCATION OF FUNDS AT A RATE NOT TO EXCEED $770 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM; SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOYMENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30. 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre NOES: None. ABSENT: Father Gibson. wht AUTHORIZE CITY f MANAGER TO UN I 1 EU FAMILY AND CH I LDREN' S SERVICES, !NCI (Two C,E,T,A+ postttoNs) i MIND AGIIVENT The following resolution was introduced by Commissioner Gordohl moved its adoption: RESOLUTION NO. 77-35 A RESOLUTION AUTHORIZ:.:NG THE CITY MANAGER TO AMEND AN AGREEMENT WITH UNITED FAMILY AND CHILDREN'S SERVICES, INC., A NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACT- ING TWO (2) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLOCA- TION OF FUNDS AT A RATE NOT TO EXCEED $1723 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR MANPOWER PLANNING CONSORTIUM, SAID AMENDMENT AUTHORIZING THE PERIOD OF THE AFORESAID EMPLOY- MENT TO BE EXTENDED FROM JANUARY 3, 1977 TO SEPTEMBER 30, 1977. (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, was passed and adopted by the following vote - AYES: Mrs. Gordon Mr. Plummer, Mr. Reboso. and Mayor NOES: None. ABSENT: Father Gibson. 49, AU I HORIZE CI IY MANAGER TO ENTER IN I O AN AGREENEN I The following resolution was who moved its adoption: the resolution Ferre. DADE COUNTY NATIONAL FOUNDATION MARCH OF DINES (ONE C,E,T.A, POSITION), introduced by Commissioner Gordon. RESOLUTION NO. 77-36 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DADE COUNTY NATIONAL FOUNDATION MARCH OF DIMES, A NON-PROFIT ORGANIZATION, AMENDING THE AGREEMENT APPROVED BY CITY OF MIAMI RESOLU- TION NO. 76-1111, BY INCREASING THE AMOUNT OF COMPENSATION FOR ONE (1) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITION TO A RATE NOT TO EXCEED $880 PER MONTH, INCLUDING 10% FOR SOCIAL SECURITY AND OTHER FRTNGE BENEFITS, WITH FUNDING THEREFOR TO BE RECEIVED BY THE CITY OF MIAMI UNDER AN AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE COUNTY, AS AGENT FOR THE MANPOWER PLANNING CONSORTIUM- SAID EMPLOYMENT PERIOD TO RUN FROM JANUARY 3, 1977 TO SEPTEMBER 30. 1977. (Here follows body of resolution omitted here on file in the Office of the City clerk.) and jr,N 31977 Upon being seconded by y CotflMissioner Plummer was passed and adopted by the following vote - AYES: Mr. Plummer. Mr. Reboso, Mrs. Gordon. and NOES: None. ABSENT: rather Gibson. CLAIM SET -LEANT: ENT: $tULAW BONES' , the resolutit ft Mayet Ferree The following resolution was introduced by Com ►ias .oner Reboot), who moved its adoption: RESOLUTION NO. 77-37 A RESOLUTION AUTHORIZING THE DIRECTORIi OF FINANCE TO PAY TO BEULAH JONES, T THE ADMISSION OF LIABILITY, THE SUM OF $5.000.00 IN FULL TAND �COM��TE OFSMIAMIMFOR OF HER CLAIM AGAINS ALLEGED PERSONAL INJURIES SUFFERED ON JANUARY 18, 1974. WHEN SHE FELL ON A METAL PIPE ON TOP OF THE �A�ALKEI,pRIDA,DJOINING UPON34 N.E. FIRST AVENUE, THE EXECUTION FROM ALLECLAIMSLANDID�NDS. THE CITY OF MIAMI (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: ABSENT: None. Father Gibson. 51, CLAIM SEf1LEIENi: ALEJANDRO GARCIA. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 77-38 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT TE SUM OF COMPLETE SET5 TLEMENT IN THE IN CLAIM FULL AND OF THE CITY OF MIAMI VERSUS ANTONIO ALE- JANDRO GARCIA! AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING ANTONIO ALEJANDRO GARCIA FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM. (Here follows �hefficeof the CityClark) sbOt°Olreed solution and on file Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer. Mr. Reboso, Mrs. Gordon, and Mayor Ferra. NOES: None. ABSENT: Father Gibson. • MEANT RIDES PERMIT: BOY SCOUTS TROOP #40 - DIXIE PARK► he following resolution was introduced by (ommi aionef ordon. who Moved its adoption: RESOLUTION NO, 77-39 A RESOLUTION APPROVING AND RATIFYING THE ISSUANCE OF A PERMIT TO BOY SCOUT TROUP 40 ?OR AMUSEMENT RIDES AT DIXIE PARK, 1328 NW 3 AVENUE, IN CONJUNCTION WITH ITS CARNIVAL HELD ON DECEMBER 22 THRU 26, 1976, SUBJECT. TO CERTAIN TERMS AND CONDITIONS. (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: Mr. Reboso, Mrs. Gordon. Mr. Plummer. and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 55, AIIJSU"ENT RIDES PER`'IIT: CHURCH OF THE OPEN DOOR The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-40 A RESOLUTION APPROVING AND RATIFYING THE ISSUANCE OF A PERMIT TO CHURCH OF THE OPEN DOOR FOR AMUSEMENT RIDES AT BISCAYNE PLAZA, N.W. 79 STREET AT BISCAYNE BOULEVARD, IN CONJUNCTION WITH ITS CARNIVAL HELD ON JANUARY 5 THRU 9. 1977. (Here follows body of resolution. omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon Mr. Plummer. Mr. Reboso. and Mayor Ferre. NOES: None. ABSENT: Father Gibson. • ANENT RIDES PERMIT; BOY SCOUTS TROOP #40 L St JOHN BAPTIST URN, The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 77-41 A RESOLUTION AUTHORIZING THE ISSUANCE OE A PERMIT TO BOY SCOUT TROOP #40. B.S. OF A., . ST. JOHN BAPTIST CHURCH, FOR AMUSEMENT RIDS TN CONNECTION WITH ITS CARNIVAL TO BE HELD AT 674 N.W. 54 STREET ON JANUARY 18 THRU JANUARY 23, 1977: SUBJECT TO CERTAIN TERMS AND CONDITIONS. (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: Mrs. Gordon. Mr. Plummer. Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 55. AMUSEMENT RIDES PERMIT: CENTRO MATER. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-42 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO CENTRO MATER FOR AMUSEMENT RIDES IN CONNECTION WITH ITS CARNIVAL TO BE HELD MARCH 5 AND 6, 1977, AT 353 S.W. 4 STREET SUBJECT TO CERTAIN TERMS AND CONDITIONS. (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: Mrs. Gordon, Mr. Plummer,Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. f JAPE 1'J 197/ • bISCtJSSloty oi4 IPtM # 55. Mr. Plummer: Does this ComftiabiOh have ary qualms abut how many times a certain organization shall put on carnivals a year or is it just my way-out thinking ? Well. if you'll notice, unless I'm wrong the item 48 and 50 are the same organization Boy Scout Troop #40, now ... Rose maybe I should not have brought it up at this time, really, and I'm not, please let my remarks be very clear that I'm not speaking to Boy Scout Troop #40 but you know. for these things to take on a charitable aspect the owners of these carnivals have to take them in the name of a non-profit organization. Do I have to say any more Mr. Grassie? Mayor Ferre: Well, why don't you look into Mr. Grassie? Let me put it to you this way, those poor kids that Mr. Fincher, you know. really works hard_to get these... that troop I want to remind you and I know it has nothing to do with it as you clearly stated but this is a black troop of kids in the central area and those kids really are deserving of support and I think we ought to look into the situation. Mr. Plummer: Mr. Mayor. maybe, what I'm saying is that I don't want them. the kids, to be taken advantage of... maybe that's what I'm saying. Mayor Ferre: Ok. I read you. that's a good way to put it. Mrs. Gordon: I want to say that I'm sure that the Boy Scout's Council are overseeing any activities that the Boy Scouts are involved in, so you needn't fear because the board is on top of all these things and secondly, that this is necessary that the troops are being asked to do more fund raising foaaheir own needs. because of the cut -down in financial allocations Eave of necessity been made in the scout movement as well as another area. Mr. Plummer: Well. Rose, the thing that prompted my bringing it up was the fact that one particular organization and for the best of me i don't recall who it was at this time,had it not been for Joe Grassie to pull them out of their problems with security in the police area they would have in fact lost money because there had been so many carnivals this one was not well attended and by the price of security of a loan they would have lost money and been in debt rather than made money. Mayor Ferre: In the interest of time Mr. Grassie, would you look into this matter -- but I think you ought to then come back and talk to Mr. Plummer about it. 67 1 • WANE RENTAL tat BAYFRONT PARK AUDITORIUM - NATURALIZATION PROCEEDINGS -MAGI The following resolution was introduced by CommissionerA0100000 WhO MOVed its adoption: RESOLUTION NO. 77-43 A RESOLUTION GRANTING A WAIVER OF RENTAL FEES FOR THE USE OF BAYFRONT PARK AUDITOR- IUM ON JANUARY 19. 1977 & APRIL 20,1977 FOR NATURALIZATION PROCEEDINGS BY THE HONORABLE SIDNEY M. ARONOVITZ, JUDGE OF THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA: SUBJECT TO PAYMENT FOR EVENT PER- SONNEL, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body ofresolution thelCity Clerka)here and on file in the Office Upon being seconded by Commissioner Gordon. the resolution was passed and adopted by the following vote - AYES: Mr. Reboso. Mrs. Gordon. Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 57, AWARD BID: DRINKING FOUNTAINS, CEMENT BOLLARDS, ASEITS AND TELEPHONE STANDS (FOR BAYFR The following resoluti.o» was introduced by Commissioner Plummer. who moved its adoption. was RESOLUTION NO. 77-44 A RESOLUTION ACCEPTING THE BID FROM S. PONCE FOR FURNISHING CEMENT BOLLARDS, DRINKING FOUNTAINS, SEATS AND TELEPHONE STANDS FOR BAYFRONT PARK FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $17,025; ALLOCATING FUNDS FROM TITLE X - BAYFRONT PARK FUNDS; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A 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 Reboso. the resolution passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: ABSENT: Father Gibson, None. 68 _JATi 13.97J_. AWARD filth RECTAL OF BACKHOE FOR Th DEPARTMENT OF PARKS CREATION, The following resolution was introduced by ComMissitier Plummer, Who moved its adoptio» : RESOLUTION NO. 77-45. A RESOLUTION ACCEPTING THE BID FROM MASSEY PERGUSON, INC. FOR FURNISHING A BACKHOE ON A RENTAL BASIS FOR 8 MONTHS FOR THE DEPART- MENT OF PARKS AND RECREATION AT A TOTAL COST OF $7.160; ALLOCATING FUNDS FROM TITLE X, BAYFRONT PARK FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER F02 THIS EQUIPMENT. (Here follows body of resolution, on file in the Office of the City Upon being seconded by Commissioner Reboso. passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer, and NOES: None. ABSENT: Father Gibson. omitted here and clerk.) the resolution was Mayor Ferre. 59, AWARD BID: HENDERSON PARK - IAYKOLO TENNIS COURTS - 1976, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-46 A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO.INC. IN THE PROPOSED AMOUNT OF $28,435 FOR HENDERSON PARK - LAYKOLD TENNIS COURTS - 1976; ALLOCATING THE AMOUNT OF $28,435 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND" TO COVER THE PROPOSED CONTRACT COST- ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,127.85 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $568.15 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES; Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT; Father Gibson. 69 .IAN ► `s ;'�77 AWARD BID; MICROFILM JACKLI SYstEM SERVICE FOR THE DEPAATMENTP BUILDING The following resolution was introduced by COMmillitiOner 11ebI fl , who moved its adoption: was RESOLUTION NO, 77-47 A RESOLUTION ACCEPTING THE BID OF HARTMAN PERSONNEL ENTERPRISES, INC. FOR FURNISHING MICROFILM JACKET SYSTEM SERVICE FOR THE bEPARTMENT OF BUILDING AT A TOTAL COST OF $32,130; ALLOCATING FUNDS FROM FEDERAL REVENUE SHARING FUNDS: AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PtR CHAS- ING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, passed ard adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor NOES: None. ABSENT: Father Gibson. the resolution Ferre. 61, AWARD BID: ORANGE BOWL - SANITARY SEWER PROJECT - 1976, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-48 A RESOLUTION ACCEPTING THE BID OF SQUIRES CON- STRUCTION, INC. IN THE PROPOSED AMOUNT OF $24,250 FOR THE ORANGE BOWL - SANITARY SEWER PROJECT - 1976; ALLOCATING THE AMOUNT OF $24,250 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,667 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $485 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, passed and adopted by the following vote- AyES; Mr. Reboso, Mrs. Gordon, Mr. Flummer,and Mayor Ferre, NOBS: None. ABSENT: Father Gibson. the resolution was .J/IN I s 0377 CIION OF BIDS: BREAmINO APPARATUS FOR CITY OF MIAMI FtR DEPARTMENT The following resolution was introduced by Cof Tlissio'nOr Mumma, , who rived its adoption: RESOLUTION N0. 77-49 A RESOLUTION REJECTING EACH OF THE TWO IECEMBER 2, 1976 BIDS RECEIVED FROM TWO (2) SOURCES OF SUPPLY FOR FURNISHING THE MIAMI FIRE DEPARTMENT WITH BREATHING APPARATUS; FURTHER REQUESTING THE CITY ATTORNEY TO CONDUCT AN EXAMINATION INTO AND REPORT TO THIS COMMISSION THE FACTS SURROUNDING THE BID PROCEDURE FOLLOWED BY THE TWO ABOVE SUPPLIERS TO DETERMINE IF THERE HAS BEEN AN UNLAWFUL PROCEDURE FOLLOWED. (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: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 63, PREPARED RESOLUTION: IMPLEMENTING RECOMMENDATIONS FOR FLORIDA AVENUE- MATILDA STREET, ETC, who The following resolution was introduced by Commissioner Plummer, moved its adoption: RESOLUTION NO. 77-50 A RESOLUTION AUTHORIZING THE CONTINUED BARRICADING OF MATILDA STREET BETWEEN FLORIDA AND OAK AVENUES; REQUESTING DADE COUNTY DEPARTMENT OF TRAFFIC AND TRANSPORTATION TO MODIFY THE TRAFFIC CONTROLS IN SAID AREA; REQUESTING THE CITY MANAGER TO DIRECT THE POLICE DEPARTMENT TO STRICTLY ENFORCE PARKING REGULATIONS IN THE AREA OF COCONUT GROVE ELEMENTARY SCHOOL AND KIRK MUNROE PARK; AND REQUESTING THE CITY MANAGER TO IMPROVE THE RESIDENTIAL ENVIRONMENT OF FLORIDA AVENUE BETWEEN McDONALD AND MATILDA STREETS BY INSTITUTING CERTAIN MEASURES CONCERNING PARK HOURS, STORM DRAINAGE AND CRIME STUDIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) upon being seconded by Commissioner Gordon. passed and adopted by the following vote- AYES; Mr, Plummer, Mr. Reboso, Mrs, Gordon, NOES; None, ASSENT; Father Gibson, and the resolution was Mayor Ferre. 1 ESTABLISH DATES FOR PUBLIC HEARINGS - COMMUNITY DEVELOPMENT FUNDS, The following resolution was introduced by Commissioner ofdon, who trtotfed its adoption: RESOLUTION NO. 77-51 A RESOLUTION REQUESTING THAT THE CITY COMMISSION BOLD TWO PUBLIC HEARINGS DURING THE REGULAR COMMISSION MEETINGS OF FEBRUARY 10, 1977 AND FEB- RUARY 24, 1977 REQUIRED BY THE HOUSING AND COMM- UNITY DEVELOPMENT ACT OF 1974, SO THAT MIAMI RESIDENTS MAY COMMENT ON THE PROPOSED ACTIVITIES AND FUNDING ON THE CITY OF MIAMI'S THIRD YEAR COMMUNITY DEVELOP- MENT APPLICATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor NOES: None. ABSENT: Father Gibson. b5, PROPOSED SISTER CITY STATUS - CITY OF BERSHEBA, ISRAELI the resolution Ferre. Mrs. Gordon: Recently, when a group of people from the Jewish Federation went over to Israel they made a stop at Bersheba. The Mayor of Bersheba was interested in a joining of hands in a Sister City Program with the City of Miami and wants to name a park "Miami Park", and I have his name, Rabbi Solmon Shift gave me his name, address, and so forth for communication from us. I would like to so move that we advise the Mayor of Bersheba that we are interested in having them for our Sister City and we are honored by the offer to name a park "Miami Park". Mayor Ferre: Where exactly is Bersheba? Mrs. Gordon: It's in the central part, it's an older city but one that is renewing itself. I've never been there. According to Rabbi Shift and the members of the federation that visited it, they think it's an ideal city for a Sister City for us. Mayor Ferre: All right, there is a motion by Mrs. Gordon. Seconded by Commissioner Reboso to right the Mayor of Bersheba and thank him recognizing his efforts and accepting the kind and generous offer and that we would like to be a Sister City. Further discussion. Call the roll. The following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION NO. 77-52 A MOTION INSTRUCTING THE CITY CLERK OF THE CITY OF MIAMI TO COMMUNICATE WITH THE MAYOR OF BERSHEBA, I$RAEL (ELIYAHU NAAYI, CITY HALL, BERSHEBA) ISRAEL) JAN 131871 t1 DICATINC THE WILLnGNESS OF THE MIAMI CITY COMMISSION TO DISCUSS SISTER CITY STATUS BET- WEEN THE CITY OF MIAMI AND THE CITY OF BER- SHEBA AND FURTHER INDICATING THAT THE CITY OF MIAMI WOULD CONSIDER IT AN HONOR TO HAVE A PARK IN BERSHEBA, ISRAEL, NAMED "MIAMI PARK." Upon being seconded by Commissioner Reboso, the motion Wa8 paaaet and adopted by the following vote: At'ES: Mrs. Gordon. Mr. Plummer, Mr. Reboso. and Mayor Ferre. NOES: None. ABSENT: Father Gibson. 66, PREPARED RESOLUTION: AUTHORIZING BID ON Y,W,C,A, PROPERTY. Mayor Ferre: I think you have to put an amendment Mr. Grassie. I think you have to put a deadline on that. I would say 30 days. Mr. Grassie: The period during which the offer would be good? Mayor Ferre: Yes,... All right, is there further discussion on this? Mr. Plummer: Legal question. Mr. Knox. it's my understanding that any expenditure of monies by this Commission has to be earmarked from which funds they are coming, does that also hold true on an offer? Mr. Knox: I wouldn't think so Mr. Plummer. Mrs. Gordon: No. not necessarily. Mr. Plummer: I'm just asking. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-53 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A BID IN THE AMOUNT OF $1,000.000 TO THE YOUNG WOMEN'S CHRIST- IAN ASSOCIATION OF GREATER MIAMI AND DADE COUNTY, INC. AND THE FINANCIAL INSTITUTIONS WHO HOLD THE MORTGAGE ON THE REAL ESTATE KNOWN AS THE "YWCA BUILDING" ADJACENT TO THE CITY'S PROPOSED DOWNTOWN CONVENTION CENTER SITE FOR THE PURCHASE OF THE AFORESAID PROP- ERTY. (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 waa passed and adopted by the following vote: AYES; Mrs. Gordon, Rev. Gibson, and Mayor Ferre. NOES; Mr. Plummer, and Mr. Reboso. ABSENT; None. i ROAD SOLUTION; FORMALIZATION OF AGREEMENT WITH THE O I2M I N OF AMERICAN STATES (O,A,S,) FOR INi 1 MAOE FAIR, The following resolution was introduced by Commissioner GtbaOnr WhO Moved its adoptions RESOLUTION NO. 77-54 A RESOLUTION AUTHORIZING THE EXECUTION OE AN AGREEMENT OF COOPERATION BY THE CITY OF MIAMI WITH THE GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES; ANI) FURTHER AUTHORIZING AND DESIGNATING THE HONORABLE MAURICE A. FERRE, MAYOR OF THE CITY OF MIAMI, TO ACT ON BEHALF OF THE CITY COMMISSION OF THE CITY OF MIAMI, AND TO EXECUTE THE FORMAL AGREEMENT OF COOPERATION WITH THE GENERAL SECRETARIAT OF THE ORGANI- ZATION OF AMERICAN STATES AT THE PAN AMERICAN UNION BUILDING IN WASHINGTON, D.C. ON JANUARY 19, 1977 IN ACCORDANCE WITH CERTAIN PRINCIPLES EXPRESSED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 68, INVITATION TO MEMBERS OF THE CITY COMMISSION TO ACCOMPANY THE MAYOR TO WASHINGTON, D.C. ON FORMALIZATION OF OAS AGREEMENT, The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-55 A MOTION AUTHORIZING ANY MEMBER OF THE CITY COMMISSION TO ACCOMPANY THE MAYOR TO GO TO WASHINGTON, D.C. TO FORMALIZE THE AGREEMENT BETWEEN THE ORGANIZATION OF AMERICAN STATES AND THE CITY OF MIAMI TO CONDUCT AN INTER- AMERICAN TRADE FAIR IN MIAMI IN EARLY 1978. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Manolo Reboso Commissioner J. L. Jr. Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre AXES: JAN 13 191f 111M INFORM 1 ION CENTER: VISITORS INFORMATION CENTER POSSIBLE DEMOLITION OF EXISTING CHEVRON STATION- DISCUSSED AND DEFERRED TO 1 2747 Mayor Ferret 1 think there was an item 53, which had to do with whether or not we're going to proceed with the development of the Bayfront Park Welcome Station, if you will, or whatever it's called. Mr. Grassie, before we vote on this, I think you have to put a figure as to how much money we're planning to spend and where the money is coming from. Mr. Grassie: The figure mentioned by Vince Grimm and Mr. Parkes today is $60,000. Mayor Ferret You better leave yourself some room, because I might remind you that Durrell Stone recommendation was twice that. Mrs. Gordon: You know, Mr. Mayor, we would be much better off, really. if we just removed that old barn, that old ... and then start from stratch, because you've got a old piece of junk to start with and when you get through what's inside is still going to be a piece of junk. And, I think it's just throwing good money after bad and no objection to the location, but I have a serious objection to the renovation. Mayor Ferre: Ok. My comment is this, if we're going to do it in a bad second rate basis, I would be against it. On the other hand for us to start from stretch and put up the same kind of place, it would cost us a couple of hundred thousand dollars Mr. Grassie and maybe three hundred thousand. Mrs. Gordon: Well, I would like figures Mr. Mayor, instead of us speculating. Mayor Ferre: I think you're entitled to that. And, I think she's right Mr. Grassie, so why don't you bring this up for the next Commission agenda with more specific information. Mrs. Gordon: Same number of square feet, same number of sanitary facilities, same number of everything, and I think you'll find that the replacement would be better and wouldn't cost hardly any money. Mayor Ferre: I think that's a valid request and as soon as you're ready to come back to us then we'll take it up at that time. A11 right, is there any thing else? 70. LIQUOR HOURS: SCHEDULED FOR FEBRUARY MEETING, Mayor Ferre: We keep putting the liquor hours off, and off,..' when are we going to come to grips with this thing? Mr. Grassie: Well, you know Mr. Mayor that we're in the hands of the Advisory Committee, that you had appointed. Mayor Ferre: All right, I'd like for one of you to make a motion that the committee be inttructed to bring this to a head by the first meet- ing in February. Mr. Plummer: That's fine, I've got no objections, but I saw one of the members of the committee, the Baptist Minister, he told me that they were finished with their recommendation. Now, maybe they haven't forwarded it to the city... JA t� Yin Mdyeir Verret Yea, but the thing is we have got to briNg this thing up t6 a head beCaUSe for some people... M2. Plummer: That's a fact. The first Meeting in February. Mayor Ferre: All right, Plummer moves. Reboso seconds that thid matter be scheduled for, hopefully, conclusion the first thin q in February. Further discussion. Call the roll. The following motion was introduced by Commissioner PluMter, Who moved its adoption: MOTION NO. 77-56 A MOTION DIRECTING THE CITY MANAGER TO PLACE ON A FEBRUARY AGENDA THE CONTINUING MATTER OF UNIFORMITY OF LIQUOR HOURS. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre. NOES: None. pERSONAL APPEARANCE: PAT SKUBISH REGARDING SANITATION DEPARTMENT WORKERS LAY-OFFS. Ms. Pat Skubish: Mr. Mayor, members of the Commission, on November 28, 1976, Alice Spano. Assistant Executive Secretary to the Civil Service Board and myself attended I.P.M. Conference in Washington. D.C., where we learned that changes in personnel systems are being made for many reasons. One is that it is good common sense to develop effective personnel management programs. There has been an awakening to the importance of this aspect of government management. In government as in industry, modernand flexible personnel systems are essential to strong management. The second reason for the current interest in personnel matters was the passage of four new federal laws. First, the Inter -governmental Personnel Act, Personnel Act of 1970. It provides principles for personnel system, which will contribute to an improved public service. Second, was the new rule for Equal Employment Act, (EEA) of 1972. Third, which was an important impact on government personnel management,was the Equal Emergency Employment Act of 1971. The fourth law is the Comprehensive Employment Training Act of 1971. The Act requires that Public Service Employment Agencies eliminate artificial barriers to employment and that is one reason why I endorse the elimination of our Civil Service Rule 8, Section 5, which eliminates departmental preference to city employees. Since I feel this is an artificial barrier,I will continue to support Civil Service Rule changes that restrict employment opportunities for anyone. I will continue to strive for merit principles in the City of Miami. Namely, one- "recruit- ing, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qual- ified applicants for appointment. I will continue to review minimum qualifications for entry positions providing adequate pay. I will support all pay rates that are based on a survey of salaries paid by major employers. (3) Training employees, as needed, to assure high - quality performance. I have always believed that the city employees should be trained to indicate to the employee those areas of performance in which additional training will contribute to his or her improved performance. (4) Retaining employees on the basis of the adequacy of their performance , correcting inadequate performance, and separating those employees whose inadequate performance cannot be corrected. JAN 11112y 0 I believe that the City of Miami is long overdue in implementing a performance evaluation system and strongly support that the Depaft.. Merit of Human Resources develop a job related standard of effidiendy for submission to the Civil Service Board for their consideration. (5). Assuring fair treatment for applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed. I strongly support an Affirmative Action Program. A plan for equal employment opportunity for all, even the Irish. Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interferring with or effecting the result of an election or a nomination for office. Recently, numerous articles have appeared in our local newspapers. Relative to senate investigations of the United States Civil Service Commission regarding the abuses of authority in the hiring practices. I feel that from this will come to speak before you, and I hope I will be able to appear before you whenever I feel the need to inform this Commission on matters which are of concern to the city, to the employee and to the taxpayer. And. speaking of the employee,1 did not intend to speak of anything other than my recent trip to Washington. However, during the past few hours there have been some developments among the Sanitation Employees. The Sanitation Employees have come to my attention and I feel that I must speak for them. Maybe, I can ask the City Manager and this Commission if they could find out from the city taxpayer if he would be willing to pay a small garbage fee in order to avoid the lay-offs of so many fine, loyalemployees, may I ask the question? Mayor Ferre: You may. You have. Ms. Skubish: May I get an answer? Mayor Ferre: Sure. You've asked the legality of it first of all. Mr. City Attorney, can you answer that question for her? Mr. Knox: The charter does empower the City to impose taxes and The city has the power. Ms. Skubish: That's it, the city has the power, ok. Mayor Ferre: Well, the answer is the City Commission is in power to do so, correct. We haven't considered that as an alternative you know? Ms. Skubish: I just thought I'd throw it up on the table, Mr. Mayor. Mrs. Gordon: I think when we receive the information of the dollars involvedythen we can more logically assess where we have to go. Mayor Ferre: I think that's an adequate way of putting it. All right, Ms. Skubish. Ms. Skubish: Well, I feel that now is the time to band together Mrs. Gordon, members of this Commission. Mrs. Gordon: Well, you understand what we requested Pat. fees. Ms. Skubish: I know, to make this the number one city in the nation. If we can make our Fire Department #1, I don't think we can have a problem making the city number one. And, the employees are very iinport- a nt Mr. Mayor. Mayor Ferre: I agree. And, it will be discussed when this hatter comes up before the Commission after Mr. Grassie come up. All rl.ght, is there any thing else on that? W 13197: DISCUSSION Ifi- NON-PROFIT ORGANIZATIONS' APPLICATION T 1kOUGH MANPOWER OFFICE Mra. Cordon: While we're waiting for a full Commission. I've always wanted to ask this and now I have the opportunity now that we have a minute. Joe Paredes, is he here? I want to ask you, Joe. because I know you have direct involvement in it. The Manpower Prog- rams are not exactly clear as to the guidelines that permit certain non-profit organizations to become applicants through the city and maybe others are not. If we have a few minutes, do you have time, can you sum it up and tell me, the ones that we have on here today which were quite a number that we moved were able to get and maybe there are others just as worthwhile that do not know how to go about it. Is there a minute or two that you can sum up that little bit of information for me and then secondly persons who are unemployed and eligible for employment under this Manpower Program. What is the procedure for them? What comes first, the chicken or the egg? Mr. Paredes: In terms of a non-profit organization, I would say that primarily most of the organizations that we have dealt with have been organizations that have requested federal revenue sharing funds and when the city was not able to meet their budgetary needs because we did not have enough funds we then supplemented those funds with Man- power slots, that was the bulk of the original allocation to non-profit organizations. Non-profit organizations also applied directly through the Manpower Planning Council, which is the Consortium of the City of Miami. Dade County, Hialeah, Miami Beach, Monroe County. In terms of employment, I don't know the specifics right now, but I believe that you must remain unemployed for a period of either 15 or 30 ... Mrs. Gordon: Yea. I know that regulation Joe/ But I now want to know -- someone who's living in the City of Miami, who has been unemployed, who is in need of a position, who qualifies under the guidelines as I understand them how do they go about getting a position? What comes first, do they go to the agency. do they go to you. or to someone else here in the city, what do they do? Mr. Paredes: Usually, they would have to go through the screening process in our own Manpower Office. Mrs. Gordon: Our Manpower Office? Mr. Paredes: Yes, those individuals are going to be employed by the City of Miami, because as you know we are the sub -contractors and we in turn, are sub -contracting with the agency so we would still be accountable... Mrs. Gordon: downtown now, Mr. Paredes: building... We refer them to the Manpower Office, which is located where's that? It will be downtown. Up to now it has been in the Mrs. Gordon: It's still here. Ok. Now, I want to ask another question, since I am deeply concerned with certain members of our own departments, who are doing such a fantastic job, and I'm looking at a gentlemen that's in charge of a particular program that I have a very keen personal interest in,and that's our handicapped program. Max Foreman is sitting there and I want to ask you to tell me, I understand that a couple of Man- power spots would help increase the program from a part-time program to a more full-time program for the handicapped. Is this a request that he would have to make to his department head and his department to you and to Mr. Grassie? JAN 131977 • lh this the pttt educe that has to be taken? Mr. Paredes: Yea it t•,ould, , , Mrs. Gordon: I just wanted to know, because I do hope that if it has gone that route...Maybe it hasn't even begun, but if it hags.., that particular attention would be paid to the programs for the handicapped, ok. Thank you. 72, PERSONAL APPEARANCE: JOSEPH KAPLAN, LSQ, - REGARDING CARPENTERS' PREVAILING WAGES AND FRINGE BENEFITS ON PUBLIC WORKS PROJECTS. Mr. Kaplan: Mr. Mayor, members of the Commission. The last time I Was here and talked on this subject was July 1) 1976, I'm sure you all recall the spirited debate that occurred on that occasion which climated with Mr. Plummer asking the two attorneys, that is,the then acting City Attorney and myself, who at that point in the debate dis- agreed on whether the passage of a prevailing wage lawwthat would simply include fringe benefits in the definition of prevailing wages) was legal for the City of Miami to pass, and I recall vividly Mr. Plummer when you turred to the then Acting City Attorney and myself and said we'll let the Attorney General decide it. You fellows get an opinion. So, we did just that.Briefs were submitted by both the City and my office to the Attorney General and a decision was rendered in December which sustained the legal opinion that I expressed on July 1, that is) that it's perfectly legal for this city to pass such a law, which tracks the language of the federal prevailing wage law, the Davis Bacon Act. In the same fashion other cities in the State of Florida have done. After getting the Attorney General's opinion I sent to the city with a request that I be put back on the agenda for the purpose of bringing the matter up again. I was supposed to have been on the agenda in December, but because of the press of your calender it was deferred until today. Just today I was fortunate in receiving a copy of the City Manager's memorandum dated January 7th, which apparently had just been prepared a few days ago, and only a few hours ago I dictated a response to that memorandum which is contained in the three page attachment that I've given to you. Also. on the rear end of the attachment that I've given to,.•on the package of papers, you will find the actual ordinance that is being proposed by my clients. There are mild changes from the one that was considered in July and,therefore, I sent a copy of it to Mr. Knox a few days ago and requested that if he has any se-ious disputes about the legality of this changed ordinance, that he should contact me. I assume since I didn't hear from Mr. Knox, that at least in the area of the legality of it,that he has no question. In the memorandum that you people received from Mr. Grassie and that I just received a couple of hours ago there are statements which are truly shocking. In the response that I tried to make to it I have covered many of the items, but one stands out very, very pointedly and that is the suggestion somehow that this is going to cost the City of Miami a great deal money. You will recall that when I was here last, that twenty -month study that was made by Mr. Moon of Public Works construction jobs that the city had for a period of 20-months and he itemized it ail and he gave everybody a copy of it, that of the 20 million dollars worth of Public Works jobs approximately half of them were.oneeby contractors who have contracts with labor organizations, and approximately half by contractors who don't have agreements with labor organizations. And, for the purpose of this discussion. let me just assume that when we talk about a union contract we're talking about somebody who is contractual obligated to pay these pension and health hospitalization programs and the non -union contractor is not. The fact is)as my memorandum points outithat that distinction is a dangerous distinction to make because there's no way that anybody is going to conv.'.nce me that the entire non -union construction industry in Dade county thinks so little of their own employees that none of them MOM JAN 131qanii Pay any fringe benefits to their bWn employees. 1 ca.n't believe that and therefore it's not truly accurate to say that the union contractors all pay fringe benefits and all the non -union contractors pay no fringe benefit, that's not a factual statement. But going back to July 1, `When pit. Moon made his presentation then we spent a 1ot of minutes discussing the figures that he had presented to us. You will recall how shocked I was then when he said that the cost of fringe benefits Were estimated to be about 20% or 25%. I think he said 20 to 25% of the total construction and he took therefore the 20 or 25% of the 10 million dollars that was in contracts that were won by the non- Union companies and said it would have cost them, therefore 20% of 10 million dollars or 200.000 dollars more if they had been union contractors and the city,thereforel would have been stuck with the 200,000 dollars, and I said that's impossible, you recall. You can't have fringe benefits computed on the total contract cost, because the total contract cost does not cover all wages. It obviously covers some material as well. So, I urge you strenuously that the figures are wrong. Well, I'm delighted to see now that in the presentation that Mr. Grassie made to vou.attachedithat he gave to you just a few days ago. Mr. Moon apparently altered his view. He no longer says fringe benefits should be computed on 100% cost of the contract, but now they're estimating that 60% of the cost of the contract is labor. And, I submit to you that that's an erroneous figure. I submit to you that from 20 to 25% of the cost of a contract is more likely the labor costs than 60% and I submit to you that the fringe benefits that my clients are enjoying . the pension programs that my clients enjoy, the health and hospitalization programs that my clients enjoyyamount to no more than approximately 12% of the labor costs. So, if you took 12% of some 25% of the labor costs you're dealing with approximately 3%,if my calculations are fast and I'm not known to make excellent mathematical computations, but I think that's correct. So, we're talking about by Mr. Moon's own figures and assuming that every single non -union contractor did not pay any fringe benefits, paid no pension benefits, paid no Blue Cross and Blue Shield benefits, paid no vacation benefits, paid no fringes whatsoever, that under those circumstancesif he was now required by operation of this city ordinance to make these paymentsythen the total cost to him to increase his bid to make it competitive would be about 3%. I submit to you that, that's not even a correct figure. because the fact is that if in every instance non -union contractors were paying no fringe benefits and yet bid higher than the union contractors in 50% of the jobs, then it's clear that many of these non -union contractors are: one, either paying their employees fringe benefits and wouldn't have to pay anymore under this ordinance7or those non -union contractors are pocketing the difference in profit which is of course their right. If they wish to take it out of the health and hospitalization programs to their employees and the pension rights of their employees then let them do so. However, I don't think they ought to have this action or this commission or this community to do so. Now. to pinpoint the major issue on the question of cost. We submit to you that if in fact, so many union contractors in the City of Miami bidding on your work has been successful in being the lowest bidder and in fact have out- bid non -union contractors then in a spirited competitiveness in the construction industry that's going through the those people ought not to --- the city ought not to incur one additional penny of more monies in expenses if in fact this ordinance is passed. I don't see why th e union contractors who pay these fringe benefits and who are successful in being the lowest bidder on more than 50% of the work of this city are in any less competitive position because they have paid fringe benefit under the existing provisions of the law, then if the law was passed, It appears to me that the non -union contractors and the competitive bidding situation could be in exactly the same boat as the union contractors and it wouldn't cost the city anymore money. Going back to the argument that I have raised in the memorandum. Let me point out something elseyplease. It was suggested by Mr. Grassie, that somehow or another the majority contractors in JAN 1 3 1977 bade C:'oUnty are doing to be suffering by this. First of all, that assumes that there are no minority contractors who by contract pay their employees pension benefits or healthand hospitalization benefits) which is not true. There are many m:,_nority contractors who in fact are union contractors, so it's sort of insulting to suggest that min- ority contractors are,somehow or another,are going to be disadvantaged by this ordinance, when one assumes that in that kind.of assumption that minority contractors don't pay fringe benefits. That their employees don't enjoy pension. That their employees don't enjoy health and hospitalization programs. I don't believe that's true. In the event anybody suggests that if a contractor says that he can't bid on the jobs successful without taking away the pension benefits of his employees. that he can't bid on the job unless you take away the health and hospitalization benefits of his employees. I say to you that our response to such people should not be for you to vote this ordinance down. Our response to that person should beymy friend, if you elect not to be competitive with fair employers who do in fact provide pension benefits and health and hospitalization benefits to their workers and the only way you can bid is if in fact you take it out of the pockets and the benefits of your workers,then don't bid on our work unless you can be fair. Don't take it out of the pockets and the pension benefit and the health and hospitalization benefit of our workers. That's the message you should give to these contractors. I don't think that you should reward regressive labor policies. It has been suggested by Mr. Grassie that there's going to be some direct city expenses if this ordinance pass. He suggests for an example that you have to now employ people to make a decision and to establish criteria and to monitor compliance with this ordinance. The fact is the ordinance that's attached to this... proposed to this memorandum of mine,spells out that the prevailing wage determinations are those which are already made by the United States Department of Labor. Not something new, not asking anybody to make any additional determination. In addition. let me remind you that right now,you are dealing with a state law that does have a prevailing wage determination in it. Right now somebody is looking into your cortractors and public works jobs to see if they're paying the prevailing wage as defined under the state law. If that state lawwhowever, does not include fringes. all you're doing by this ordinance is adding fringes to the definition of prevailing wages, so what we're suggesting is that if in fact some- body is now under present law looking at the contractors without this ordinance why would there be any additional expenses, if in fact the ordinance was passed? The only item they would be looking for is to see that not only the hourly wage is paid but also the fringe benefits are paid pursuant to the determinations made by the United States Secretary of Labor. Lastly. I want to point out what I think is a dangerous and erroneous assumption on the part of the Associated General Contractors. Apparently, Mr. Grassie, quotes the AGC in his memorandum as saying that they are 100% opposed to this ordinance. I take strong issue with that fact. I cannot assume that 100% of those contractors who in fact are bound by union contracts to pay fringe benefits would be opposed to an ordinance that says their competitors shall do the same thing. It just doesn't make sense, but the rational that Mr. Grassie quotes the AGC is using for this argument is that it would be inflationary. Well. it seems for the AGC to suggest that if their competitors do it it's inflationary. If they do it it's not inflationary. Would they then stand here and represent us and say yes they are inflationary and they are sorry that they're inflationary notwithstanding the fact that they win 50% of the contract in this city) but that) it's inflationary considering the fact that the Carpenter's Union for example. then, other unions in the construction industry that I represent and know offhave not had a wage increase since April of 1974,and that's a fact. Now) what's inflationary about wages that have s•:ayed stable all these years; There have been ... it's just occurred to me that the last time I was here we showed from the survey of jobs that was presented to us by Mr. Moon and actually looking at the various comparisons of the union contractors 81 JAN 13 1977 • VS. fidhwitinion citintradtdrs that the peroenta9c. of total bid) let me aay)that the percentage of total bid between union and non -union Obtitractor9 on Softie big jobs was infinitesimal and in a0re big job the union contractor won it. For example, in Delaware Sanitary Storr Sewer jobt the union bid was One fillion Seven Hundred Forty Thousand Five Hundred Fifty Dollars. The contractor who did not pay the fringe benefits, presumably, accord- ing to the argument of Mr. Grassie, bid Two Million Three Hundred bight Thousand, One Hundred Eighty Four Dollars. The union contractors, being humane, understanding the need to preserve and promote and protect the pendion and health hospitalization rights of their employees still are bidding lower on these big jobs. I ask you,,finally,to consider the fact that the law which we are proposing for you is no different than the law which is now on the books and is called the Davis -Bacon Act. Right nowwin the City of Miamilif there is any federal money on any kind of public works jobs you comply with, this law and this law which is a federal lawwrequires the consideration of prevailing wages when you give the work out. Prevailing wages which include fringe benefits and the hourly wage as determined by the U.S. Secretary of Labor, which is all we're asking you to do now. That is what is paid on your job in the City of Miami today and nobody objects to it and non -union people get on the job, get on those jobs and minority contractors do those jobs to0,except they don't take it all away in profit. They give some of their money to their employees in the form of pension, and health and hospitalization. United States Supreme Court is discussing the question of this federal law. which is the same law we're asking you to consider. This section of the Davis -Bacon Law requiring that wages andfringe benefits of workmen in government construction project5be not less than the minimum wages and fringe benefits specified in schedule$ furnished by the Secretary of Labor ,was enacted not for the benefit of contractors but to protect their employees from substandard earnings and benefits by fixing floors under the benefits they shall receive and thatls all we're asking you to do. It seems to me that this ought to be prefrontal act in your part because the debate rates for one hour on July 1. 1976 and the only question which you left me with was the legality of it. I satisfied that by getting an opinion from the Attorney General. I asked you to please give short s to anybody who now wants to make an llth hour argument that somehow or another this is improper. Thank you. Mayor Ferre: This is a public hearing and I think it's important, Joe that we give everybody an opportunity to speak and therefore I'm going to try to keep it on equal timing on both sides. The first speaker is John W. Lloyd. the Executive Director of E.C.A.. Mr. Lloyd. Mr. Lloyd: My name is John W. Lloyd. I'm the Executive Director of Engineering, Contractors Association of South Florida. Yesterday, at a Board of Director's meeting of my association they voted unanimously for me to appear here today for that this ordinance,if enacted would be inflationary. It would create another bureaucracy within the city. You would 'Eve to have your own wage determination offers. We contend that you can't use the state or federallyou would have to have your own,creating more jobsiand there are others that want to speak on it and I think fact that it is inflationary. The free enterprise system will adjust itself, and I think we should -- most of my members... and in fact I don't know of a single member and we have over a hundred member contracting firms and suppliers, I don't know of a single one that does not pay retirement,health and accident, life insurance) all of their fringe benefits. I don't think anybody could hire somebody today without paying them fringe benefits. And, the thing about it... when they pay the fringe benefits to the employee they get to keep it. Thank you. M. John Smarge: I'm with the Intercounty Construction Corp. in Ft. Lauderdale. I spent 23 years in a construction business in the Washington Metropolitan Area before coming down here to Florida. Being involved in contract negotiations on my own and with private companies 82 N JAN 13 1977 I'm Well aware Of the prevailing wage law that exists ih different +part§ of the nation. I have to dispute some of the statements that Mrs Kaplan made with regards to the labor costs on contracts. He Mentioned the one in particular the Delaware Sanitary Sewer job which our company is involved in. And my responsibility with Inter - County Construction Company above other things is performing the work of estimated contracts. The labor runs more closer to the 60% figure than the 25% figure that he stated and in addition to that prevailing wages don't stop with just a determined amount for the employee it goes beyond that point and these are the things that cost. We have a contract with a labor union. Some of our employees are not involved in this particular contract. We do pay fringe benefits and it's reflected in our contract when we bid a job. There's no question in my mind and 1 don't think it should be any question in your mind that whatever a contract pays that's going to be reflected in this contract amount. It has to increase the cost. At a time when we're trying to hold cost down, A lot of times it's reflected in the profit that a contract makes because of the payments that he's making to his employees, the payments he's making for material The rising cost of equipment. I've been involved just today sitting here and listening to the problem that you all have now with regards to your sanitation employees, not enough money in the budget and some people will have to go. I think this particular fact needs to be considered and any determination that you make with regards to any increasing cost that the city will be involved in. We need to protect.certainly, our employees' rights. And, I'm certain that you'll find not only the contractor himself but there are federal laws that help protect the employees. Mr. Kaplan refers to the union. I'm one that's in favor of it,if it's in proper position. Whose pre-determinedwage do we use? Do we use a union pre -determined wage or do tie use a pre -determined wage that's prevailed in the area? Thank you. Mr. M. Shears! I'm President of Miami Building Trades Council. Mr. Mayor• members of the Commission. I'm not so sure that I understood Mr. Smarge comments on his connection with Intercounty Construction Company and if he is aware that Intercounty Construction Company is a union contractor and I myself through the operating engineers do have a contract with Intercounty and Intercounty has foryears since the inception of our health and welfare and pension plan has made contributions into our plan. As a matter of fact I don't remember a time that Intercounty was late with their contribution. Now, I don't know by what authority he is here saying these things7but I'm sure if the owners of Intercounty Construction Company are strictly, absolutely, union contractors and I'm sure that they have no objection. As a matter of fact, I've heard them express their desire on many occasions where wage negotiations were in progress that,if in the event a wage increase is granted that a certain percent of it should go to fringe benefit payments for health and welfare and pension. I don't see why the claims that fringe benefit payments are inflationary when the contractors by their own admission even the non -union contractorsItime after time they tell me when we have an occasion to picket a job or advertise substandard wages, their answer always is we pay as much wages as the union scale and in many cases their claims are that they pay higher wages. Also. when fringe payments are mentioned they say we o;'fer a better pension and health and welfare plan than the unions offer. I defy any contractor whether he be union or non -union to offer the fringe benefits that we offer for the amount of money that is contributes. Because of the fact we negotiate health insurance plans for some of the union. Maybe, a thousand to four, five or six thousand people and naturally can receive a much better rate from the insurance company. Our pension plans are under the scrutiny of the federal government through ERISA, — where we are required to make periodical reports and I don't think that there's any question about the validity, the way the pension plans are run through the unit ns,and,as a matter of fact, some of the private plans' 8 r) that have gone broke and some have allowed people to work for as Many as 25 or 10 years and these people get close to retirement Age, lay them off and they are no longer required to pay pension plans to these people. In the unions under ERISA,this cannot tossibly be done. There is a requirement. You have three options hrough ERISA. One is half vesting at five years and full vesting by quarters, three quarters I think if 10 years; and full vesting at 15. One is full vesting at 10 years, one is --- I don't remember what the other option is, but each union pension trustee group has to decide which of these options they will take. Now, apart of all the pension money that is taken in to union, health, and welfare and pension plans goto ERISA to insure that when all the people that are covered under these plans become eligible for retirement there will be pension money there for them. As far as the city employeespand I don't want to cast any reflections on any of the city employees,but I can't understand why they would be opposed to pensions for these people, Alen everybody knows that the city has a much better pension plan than any other group that I know of, as a matter of fact. I just remembered recently reading in the paper about the City Manager retiring. And, if I could ever think that we could get this kind of pension for the members of our unions, I'd be the happiest person in the world. but I find it hard to believe that the city employees themselves, without'some prompting from somewherelwould not adovacate this pension plan. Now, I noticed in this pamphlet I was handed when I walked in here. An inter -office memorandum from the Office of Mr. Grassie, dated January 7th. And, I'll read part of it, "In order to obtain first-hand information, on December 13, 1976, Mr. Henry G. Moon, Construction Engineer for the Department of Public Works, met with representatives of differ- ent contractors associations to obtain comments on the proposed prevailing wage law for City construction. Present at that meeting were: Associated Contractors and Builders, Inc. -Engineering Contractors Association - Latin Builders Association,Inc. - Minority Contractors Association,Inc. - Underground Contractors Association - Also. the Drainage Contractors Association and the South Florida Builders Association were not present at that meeting, but concur with the following views expressed by the other contractors! What I can't understand is why nobody from labor was invited to this meeting. I don't see anything in this pamphlet that says that anybody from labor was or was not there, nor was anybody from labor invited to this meeting. Are we second class citizens that we are not allowed to participate in meetings where something of this importance is concerned? I submit Mr. Mayor and members of the Commission that this is a good ordinance and it is by far best for the people of this city and I thank you. (applause). Mayor Ferre: May I request that as you speak if you can hold your statements and try not to repeat things that have been said, that would appreciated. As I say I'm not trying to restrain anybody it's just that we do have time problems here. Mr. Bill Safreid: I'm Bill Safreid, the Executive Director of the Builders Association of South Florida. The Builders Association is in opposition to this proposed ordinance. In today's free enterprise system a contractor has a choice as to whether he' 11 be union or non -union. If he's union he then must abide by the contract and pay the fringes that are outlined in the contract in which he operates under. If he's non-union,we feel he should have a right,at his diecretion,to choose what fringe benefits he pays his employees rather than be mandated by local government or by any other laws of the country. Even though the federal law and state law require prevailing wage provisions - jhiv 13197/ sill Safried (cbntinued): ii •contracts on government jobs, we feel this local community :;hciuld '?iot. The proposed ordinance is highly inflationary at a time when this City should be looking to cut costs rather than increase them and increase the burden of the taxpayer who ultimately pays for whatever City improvements we have. Passage of the ordinance limits competition and is not needed. You are setting minimum wage standards for bidders and we feel the City should not be doing this therefore we are in opposition to this ordinance and I thank you for your time. Mayor Ferre: Alright, Mr. Camilo Padrera, President of the Latin Builders Association. Mr, Camilo Padrera: Mr. Mayor, Commissioners, my name is Camilo Padrera and I am the President of the Latin Builders Association. I would just like to point out the memo that we received from Mr. Joseph Grassie, City Manager. At this point, I would like to find out how the City of Miami, with the problem of Sanitation that they have right now, how they can want to increase the prices on any one of the Contractors, any one of the Laborers or any one of the Sub -Contractors that the City of Miami is going to have in the future. I don't see any way that you lay off so many people and now trying to increase the prices on any one of the jobs that you will have down here. Thank you so much. Mayor Ferre: Mr. Jack Horn, Minority Contractors Association. Mr. Jack Horn: Mr. Mayor and Commission, I've been asked by the Executive Director, Earl Carroll, to report that in a meeting of Monday night our Board of Directors voted 100% against this proposed ordinance. We feel it's inflationary and I'd like to point out one thing I've heard alot of ?eople talk about in Minority Contractors. That certain markets today, perhaps in the last two years, Minority Contractors are getting into, most of them are not on the large Federal work, that they 'are on State work, work under State requirements and we took a look at a market two years ago is the school system and last year we got a few contractors in there and what we did was we were just pricing and getting quotes and I can guarantee you that our contractors pay much more for material and the only way they got into school work at all was because there was just overwhelming resistence to it from Sureity Companies, from larger contractors and everything, was through the State prevailing wage rate. We would get our material quotes and we would shop them. We would then pack on Union wages or prevailing wages and it would throw us way out of line and the only reason that 50% of your jobs are won by Union Contractors, and we don't view this as Union vs. non -Union, we're looking after our group, the only reason they won is the difference in the material price that these guys can give. We know this and we've gotten guys in doing school work and some of your work under the State wage requirement. That's the only way we could have gotten in there. We are also aware that this type of activity is going on in all states that have merit system laws or open shop laws throughout the country. In some places they've been thrown out such as Atlanta. We are also aware of the fact that the Secretary of Labor is trying to close up another market that alot of our guys are in and that's the rehabilitation market. They're trying to bring it under the Davis -Bacon Act. We're aware of what's going on. The only point is that we don't want our guys squeezed out of a market that they're in and at a time of inflation and tight money, if you do it you're going to be putting alot of guys out of work that have been working for the last few months and you're going to be taking bread off the table in the minority community. I guarantee you that. (APPLAUSE) JAN 1'61977, ay -tit Fame: Alright, Mr, tticene HoroWitt, Are you pro Mr, Eugene Horowitz: pro. Mayor Ferre: Pro, you're for it, Mr, Horowitz: Mr, Mayor, Commissioners, l would just like to say that I don't, in any way, I can see how you could take bread off of Minority's table if they're having to pay higher wages and higher fringes that they aren't having to pay now. I can't see it having to be competitive by having to pay higher wages or the wages that they aren't paying now is going to make them lose a job. Their profit margin might not be as great but their employees are going to benefit more. That's not going to change anything. We've been given figures about well, they buy cheaper and I don't believe that. we're dealing with hearsay items. The fact is that people need wages, they need fringes, they need retirement, they need the things they should be entitle to and that's all I have to say. Thank you. (APPLAUSE) Mayor Ferre: Mr. Stan Cohen, Vice -President of A.G.C.. Mr. Stan Cohen: My name is Stan Cohen, I'm a general contractor, I'm the Vice -President of the A.G.C. and I'm a resident of the City of Miami. The A.G.C., as you know, I think all of you know, is a leader in the industry. It's a nationwide organization consisting of Union and non -Union contractors and suppliers. Membership in the local Chapter is somewhere between 80 and 100 members at this time. At the recent Board of Directors meeting during the month of December, the A.G.C. did vote to be opposed to this ordinance. We're here today to hear what Mr. Kaplan had to say and one of the things that we wanted to hear him say was how passage of this ordinance would, in fact, help the City and help the City's taxpayers. I haven't heard that today. That's all I have to say. Mayor Ferre: Mr. Mario 011iva, Carpenters District Council. Mr. Mario 011iva: Mr. Mayor, Commissioners, I represent one of the largest building trade unions in Miami, the Carpenters Union. We enjoy a pretty good Pension program. I'll say at this time, thank God for that particular Pension program. A number of our people were forced into retirement due to this temporary recession we have but they're not suffering too bad because they supplemented the Social Security with our Pension program. Now it seems to me that this is a pretty clear issue here. On Federal work such as most of the sewerage disposal and sewer projects we have throughout the county where the prevailing rate prevails includes the fringe benefits. All the con- tractors bid on that. I must say maybe 75% of it went Union, some of it is non -Union. I take the position here that it's a clear-cut issue that it is between the Union and the non -Union. Our ordinance, in no place at all does it mention that you must be Union but what they're trying to do is discriminate against the Union craft by eliminating an important, very important part of our agreement that we negotiate with these people, with the A.G.C.. We negotiate, the District Council represents right now over 5,000 Carpenters, pretty close to 6,000, and I maintain we represent over 300 fine contractors who the A.G.C. does not represent. We have independent contractors, all types. Minority, popular, whatever you can call them. We represent them all. They're not all totally Union, they're Union as far as we're concerned and all that we're asking, asking to be put on a competitive basis in the City of Miami with everybody else. We're asking that we be allowed, our contractors be allowed to come in and make a qualified bid on 8 JAN 13197 7 ' ytir Work that Will piotect our meMbers& I Can't help if these nbtYftn.. i61i, we'll use the word non -Union so that we can talk about the iffetence, I can't help it if they're not compitent. I can't help it if maybe their people are not wise to the trade but put them on an equal scale with us and you'll get better work, quicker work, they'll be more efficient and on top of that, with this minority group, we've invited them to join us, we've invited everybody to join us and we'll help any Union craft, we'll help any non -Union craft, we'll help any contractor whatsoever that needs help, we'll supply bonified, compitent men to do their work and this is all we're asking. We're asking to be put on a competitive bid with these people who want to pocket the money, maybe, by not being forced to pay this fringe benefit but I think it's important and I think you people should consider the welfare of these people who enjoy these fringe benefits and are paying your r ' taxes. with that, 1 will sit down. Thank you. (APPLAUSE) Mayor Ferre: Mr. William R. Radford, Attorney for the Associated BUilders. Mr. William R. Radford: Mr. Mayor, fellow Commissioners, I don't possess the eliquence of my fellow colleague, Attorney Kaplan, and I too have a prepared presentation for you this evening but for the sake Of brevity, i'll just make several points and then sit down. The first point I'd like to make is that we've heard a term "Davis -Bacon", that I heard about this evening. That Act was passed in 1931. I'd like to take about one minute to tell you what that Act was all about. There was a Veteran's Hospital being built in New York City. It was in the district of Congressman Bacon. There was an Alabama contractor who came up and obtained the bid for the hospital. He was paying his laborers $2.50 a day. The going rate New York City at that time was between $3.50 and $4.00 a day. He took work away from some New York City contraCtOrs who otherwise would have obtained that bid. Congress A • • • • • saw fit some 40 some odd years ago to pass then this prevailing rate law to prevent out of area contractors coming in and depriving local contractors of work. There are many instances or at least some instances in the congressional record that this legislation was racist because that contractor employed blacks from the South. I don't believe that any of the considerations which form the basis of the Davis -Bacon legislation are present in the City of Miami today. There was recently a study conducted by the University of Pennsylvania School of Business. V.Ava, They came to the conclusion that there wasn't a single satisfactorY agWA:' • , reason, not one, for maintaining this Statute on the books. I think RWM. we might as well strip this issue of its ornamentation and get to its bare essence. It's merely a device whereby labor unions in this area are attempting to impose upon this Commission an ordinance to permit them to be competitive against those they simply cannot organize. This type of legislation has other disadvantages. Neither the Division of Labor in Tallahassee nor the Employment Standards Administration of WA • the U. S. Department of Labor have sufficient manpower to conduct adequate and accurate prevailing wage studies. I talked personally with Mr. Luther Moore in Tallahassee 3 weeks ago and that agency has MMX0, not conducted in Dade County a prevailing wage survey since 1955. Neither has it done so in Broward, Palm Beach, Duval or Pinellas. we've had some discussion this evening as to the legality of this ordinance. I would merely point out to the Commission that the Attorney General has taken one position in a field where there is a clear conflict of legal authority. There are those who would take the other but aside from that conflict, there is one other area that I think bears serious consideration and that is this and it is an area, by the way, which the Attotney General choose not to attack in his opinion. If the ordinance 4$ presented is passed as drafted, this means that this Commission will dofer to the State of Florida Division of Labor, the United States MW M* 8' JAN 1 3 1977. fVernment Department of Labor Employment Standards Administration, t)ie power to determine surveys. This I submit to you as an unlawful delegation of power. Lastly, if any of the Commissioners would choose -t: review this document to study, I will certainly make it available for their purusal and study. The document came to but a single Conclusion that the Davis -Bacon Act, and I would include certainly a iy like legislation as is before this Commission, should simply be tepealed. Thank you. (APPLAUSE) Mayor Ferre: Alright, Mr. Bill Oliver. Mr. Bill Oliver: Mr. Chairman, members of the Commission, I'm not going to be very long. I'm going to try to put in perspective some Of the things you heard today and get right down to the issue. The issue is nbt whether or not contractors should be competitive one against the other, the issue is not whether or not there should be a prevailing wage law, there is. The issue is whether or not construction workers should be entitled to have pension and health care benefits the same as other workers employed by the City and the issue is clearly not a negotiating contract for Unions or what should or should not be in it. What we're looking at today is a law that the Federal Government has that says when spending taxpayers dollars, and I want to emphasize taxpayers dollars because that's what we're talking about. You're spending taxpayers dollars. Taxpayers, the people who work in the City of Miami as construction workers are taxpayers and I submit to you that they're as entitled to pension and health care plans as are any other employees that this City employs and your other employees, you do have a very good plan. One of the statements that was made that I'd like to comment on was that you're having inflationary problems. We're all having inflationary problems and that we should not be increasing the cost and they eluded to the problem you had this afternoon. I hoped there wouldn't be anybody to suggest that the way that the City could solve their financial problems is by eliminating the pension and health care plans from everybody and that would solve it. Now that's what, in fact, they're saying when they say to you that you should not include in the minimum wage or the prevailing wage / determination the health care and pension for construction workers. They're saying you hold down construction costs by not including pension and welfare. That's what the issue is. I rest my case. (APPLAUSE) Mr. Kaplan: Mr. Mayor, I would conclude the presentations from Labor by making one final comment. It was suggested by several people that if this law is passed that this would prove to be some ownerous burden on non -union contractors. That they some how or other would have to do something which union contractors are now required to do and there is a suggestion that these non -union contractors would have to now sign up or get organized in Mr. Radford's words. Well that is simply bologna. In the second page of the proposed ordinance, it provides that the determination which is going to be made by the United States Secretary of Labor Department of what is prevailing may be paid by any contractor in any form including the payment of money in cash or the payment of these payments in cash. Now the issue is not whether these people are going to sign up with the unions because the reality of it is today, non -union contractors are on Federal jobs. They're doing Federal work today. How do they manage to make the payments required by the Federal law? They pay their employees in cash or in fact they set up some small pension or some small health care services for their employees to meet the requirements of the law. I will conclude by addressing myself to Mr. Radford's last statement which I consider to be ludicrous. 88 JAN 13197 7 dh he sugggets that the Department of Labor has not made a survey ih all of these past years and some how or other by our incorporating Chat requirement in the ordinance, we're affecting people adversely, It seems logical to me that if the United States Department of Labor hasn't made any surveys and your ordinance requires that it's that survey in this neighborhood, in this area that's going to be used, then the prevailing wage and fringe benefit determination by the United States Department of Labor will be awfully low and if it's awfully low, then nobody is going to suffer, probably lower than people are paying flow. That's foolish, we're not suggesting that at all. Thank you very much. (APPLAUSE) Mayor Ferre: Alright now, are there any other speakers at this time who would like to address themselves to the Commission? You want to speak? Alright, we have two additional speakers. Mr. Herb Goodwin: Mr. Mayor, members of the Commission, my name is Herb Goodwin and I'm a Director of the Associate Builders and Contractors. We've heard a lot of information batted around back and forth today or this afternoon, we've heard the Union people and the non -Union people both state that they pay wages equal to what is asked for and that they pay fringe benefits as well so I think the two balance themselves out and eliminate to each other. The real problem that's confronting you is this that when you write into a contract a prevailing wage, you lock into that contract that wage to be paid to every single man who is hired at that classification and this is really where the difference is as far as contractural costs are concerned. what I'm saying is this. Suppose that we set up a wage for Carpenters at $8.00 an hour. That means that regardless of what that man's qualifications are that comes on the job, if he is classified as a carpenter, he has to be paid $8.00 an hour. He may receive fringe benefits, he may receive all the other benefits that are accrued to the Laborers on the job. If you do not, in fact, establish a prevailing wage for any particular job classification, it is then up to the contractor to establish the value of the people who he puts on his payroll. He may be paying his carpenters 9 or $10.00 an hour and at the same time he may be having people on that job who do similar work but are not as compitent and are not as qualified and he is paying them 5 or 6 or $7.00 an hour and this is really where the differential of cost comes in because on today's labor market, first of all, if one man is paying a carpenter $8.70 an hour, everybody else has to pay that man that wage too or you just don't get him on your payroll and if they're providing fringe benefits, you have to provide the fringe benefits. So really, this differential in cost is manifested in the form of a differential of payment based on the qualification of the individual and the quality of the work that the man on the job does and with your labor on most jobs today running 50 to 60%, that does make a difference of 10 to 15% on the total cost of the project and I think really that is where the of this whole situation is. It is not in what the wage is, it's not in fringe benefits because those are paid for by both non -union and union employees. It is this differential in qualifications and in payment of wages for the qualified individual on the job. Thank you very much. (APPLAUSE) Mayor Ferre; Aright... Mr, Luther Levine; Mr. Mayor, Commissioners, my name is Luther Levine and I'm a business representative for Local 365, Miami, I've been a _resident of this City for 31 years and a freeholder for 28. think we're getting clouded up here in issues and people have been throwing 89 JAN 131977 ififlation at us and talking about this becoming inflationary, t htipe this doesn't shatter the fact that when the bids come into the City, they're on bid form as it's proven in the past operation of the City. Ali jobs given out have to be bid and there are specifications What we're trying here and what we're hearing here are people that are trying to mislead us to the fact that all they're interested in is exploiting the people of the City of Miami, they're employees. The bids will be the same, the monies paid out for the job will be that given to the low bidder and what is he doing with his money? Is he ripping the City off? That's what he's doing, he's ripping the City off. He's getting it at their price and not paying . Now we're talking about quality and quality control. I'm sure that that would be up to the contractors, it's just a misleading statement and a misleading issue. The issue is, are we going to be competitive with everybody else? Are we going to keep our people employed? Are we going to keep our people with a standard of living comparable to all other people's in the area and in this country that is advancing itself? Because surely, if we don't, we will become a degradaded neighborhood, a degradaded City and everything will go downhill. People have to earn a living to pay their taxes. The majority of the people in the area are the taxpayers. We're not concerned about the people who are going to reap the trees and leave the area, we're concerned with the people who till the soil here and that is the issue. (APPLAUSE) Mayor Ferre: Alright, I assume that this concludes the discussion from the members of the public that are present at this time and Mr. Grassie, I will ask you, if you wish, to reiterate the Administration's point of view and then the Commission can ask questions and get into .� further discussion and then we can take it from there. MEM Mr. Grassie: I won't attempt, Mr. Mayor, to respond to the characterization of our point of view made by Mr. Kaplan, I think are completely misplaced. The memorandum that was supplied to the City Commission attempted to do one thing and that was to reflect the point of view of those citizens who would be affected by a proposed ordinance of this City Commission and those, of course, are the contractors. Now our Administrative view of the question is somewhat different from most of the comments made to you so far. The real issue for us is not a Union, non -Union question, it is really a Labor Relations question in the private sector. There is a question between unionized employees and employers and the basic question that we have to ourselves is whether it is the function of this unit of government to interfere in that process. Mayor Ferre: Members of the Commission? Mrs. Gordon: I think that what we're really talking about is security and I think earlier in the day we evidenced a deep concern for the security of people when they retire and we evidenced that with item number 12 which is a special ordinance that we've created which allows those persons employed by the City of Miami who fit under certain categories which might not necessarily be employed for the full length of time that our regular pension systems require which is 15 years, full vesting, to join another pension system of their choice of a public nature which would allow them to take their pensions with them if they don't stay with the City for the length of time that I just stated and this came to us as a recommendation from management recog- nizing the need for security for employees hired by the City. Commissioner Gibson is tremendously impressed with the fact that all employees should belong to a pension system and specified that in a comment that he did not believe that anyone should be even allowed the option of joining or not joining but that it should become mandatory within tj j JAN 131977 the City for them to join either our own pension systems we now have whioh are two or this new one that we've created for certain specific classifications of employment. So I see the issue before us now exactly the same. We are, by passing this proposed ordinance, saying, in effect, that we feel that those people who perform in the community the same kinds of services actually should have the same kinds of security and benefits and it's as simple as all that and that's all. I don't see it any more inflationary than inflationary by contributing 8% of an employee's salary to a pension system which the City does not control at all. This is a third pension system that we're allowing our special employees to become a member of. We do not then ever have the benefit in my opinion of getting any return on those dollars because once they leave us and go to this special fund, we never see them again but we are willing to do that because of security, because we feel that certain kinds of personnel do not remain with the City for the length of time because they're specialists, because they might be with us for 5 years or 8 years and move onto another City and they should have the benefit for a retirement and that's why I see the merit in the application. (APPLAUSE) Mayor Ferree Alright, are there any questions or other statements by any of the members of the Commission at this time? Mr. Plummer: First of all I'll apologize to Mr. Oliver, Bill, in this particular case I'm sorry you're here. The question is, has anyone else, including Metro, passed a same ordinance? (INAUDIBLE) Mr. Plummer: Metro has? (INAUDIBLE) Mr. Plummer: They passed it. It has not been brought up to Metro. (INAUDIBLE) Mr. Plummer: I'm speaking locally, Joe. If you would, either it has not been brought up at all... Mr. Kaplan: I'm having it prepared at the present time to present to the Commission. I am going to present it to Metro. Mr. Plummer: Okay, but at this time it has not been. Alright now, just for legality, Mr. City Attorney, I'm assumming that this is not the ordinance here that we will finally vote upon. Mr. Knox: No sir, our office will draft an ordinance. Mr. Plummer: So what we are really doing here, this is a personal presentation. Are we going to vote on this today? Mr, Knox: The vote on the presentation would have nothing to do with the vote on an ordinance. Our office will draft an ordinance and it will come before the Commission in due course. In other words, a vote on a motion would not necessarily represent a vote regarding the passage of the ordinance. M', Plummer; I'm just asking, that's all. Rev. Gibson; l didn't hear that, Mr. Manager, 0-1 JAN 131977 Mr& Grassie: to this stage of your agenda, Commissioner, you are receiving personal presentations from the audience, The question of Commissioner Plummer, as I understood it was did we need to vote o something. There is not something which is an agenda item in front of you but you can decide to vote on anything at any time as you know. Mr. Plummer: Legally I don't think we can but okay, that's besides the'point. (INAUDIBLE) Mrs. Gordon: Well I what we need to determine, this Commission has to determine is whether we have an intention to do such a thing and that we could do by a motion. Mr. Plummer: I agree and then come back at a later time with the motion from the City Attorney. (INAUDIBLE) Mr. Plummer: Yes, but he has to make his living too, Joe. 1 Rev. Gibson: But Joe, he is our Attorney. You know how your Attorneys feel now... (INAUDIBLE) Mayor Ferre: Alright, I think the statements have been made and I am pretty sure that everyone has feeling on this and I think it's time to either finish asking your questions or bring this matter to a head. Rev. Gibson: Mr. Mayor, let me ask this question, well I really want to ask two. I think all of you have heard from Mrs. Gordon how I feel so I'm going to tell you how I feel. We, since I've been here, every so often we have to do business with Metro or let's say remember that bond business they had where we got a piece of the pie and all of that and they agreed to give us a certain amount of money for this certain project. You follow me? I'm very concerned with where that puts us. I think it's a thing that we're going to have to face. If they have the same value place on their dollar as we have placed on ours or their dollar will do no more than our dollar, that means when they give us 10% of the bond money, I would be able to do the same thing with my 10% as they do with their 10%. You see what I mean? Joe, don't you understand what I'm talking about? Then the other thing is, for my edification, I hope, I don't want to be in the posture, and I hope this is not happening or maybe there are two things. I don't want to be in the posture of saying to a man who does not want to he in the Union, as somebody raised, that he must be a Union some- body. The other thing is, I would hope that every employer of this City and County would want to see that his employees are taken care of. I voiced that loud, loud earlier. Now my brother in this business of Commission business, do you have any idea how your Commission is going to respond? (INAUDIBLE) Rev. Gibson: If I said that, as soon as I say that the Mayor would say to me, Gibson, you must be crazy, (INAUDIBLE) Rev. Gibson; I've asked my questions. I wanted those three things out on the table and I put them out there, Let's really get an answer. Mr. Grassie, if we were dealing as we have done, the decade of progress MEW MMMW MEW MEW mew WWWW wttv MEW Elt MEM MMMMW mmmm sow 0 dbllars, this is What bothers me. The decade of progress dollars dr bands and whether you call it bonds or dollars, I don't care but if they're going to give us $200,000, they say that's your fair share of the pot, what would our $200,000 do for us if we pass this or'dinande and what would their $200,000 do for them? Mr. Grassier Yes Commissioner, I understand your question. I can only answer you this way. The proposal in front of you has been likened to th.71 Davis -Bacon Act in intent. If it works the way the Davis -Bacon Act works nationally, your $200 would not get for you what a $200,000 unincumbered by this kind of legislation would get for the County. Rev. Gibson: Oh, that's what I was asking. That bothered me. Now I would hope out of fairness to all, I would hope that Metro would give us an indication because when I'm dealing with that bond money that they're going to turn over, I'm terribly worried because if we get... What's the percentage of the population of the City of Miami? Mr. Plummer: 27. Rev. Gibson: 27% of that bond money, our 27% must do for us, when they appropriate 27%, they must appropriate that 27% knowing that we could get the same thing for our 27% as they could get for their 27%. You see what I'm saying? I have no problem with what you're asking but my problem gets to be with all of my clergy's sympathy. I have to answer to the citizens of Miami. For instance, like on Grand Avenue between Douglas and ##1, I've got to say to them why didn't get the street and they have appropriated for us $425,000 and I'm scared to death that the $425,000 may not accomplish what they're talking about. That's what I'm trying to say to you but I think we ought to have a meeting of the mind before... You men who count money, I don't count money, I count souls, you men who count money tell me. (INAUDIBLE) Mayor Ferrer If you make it brief because we're already 45 minutes late on a public hearing. Mr. Shears: In the memorandum that the City Manager prepared, he says that in order to obtain some additional cost estimates on what the proposed ordinance would represent to the City, an analysis was made on completed contracts from a 20 month period of October 1974 through June 1976. DLring this time, the City completed 82 contracts in the amount of 20.8 million dollars. The breakdown of these contracts is as follows: 39 contracts were awarded to 21 Union contractors for 10.6 million dollars; 43 contracts were awarded to 23 non -union contractors for 10.2 million dollars so during this period of time, a greater number of dollars of contracts were awarded to Union contractors who do pay in all cases not one single Union contractor does not pay health and welfare and pension benefits. So of this 20.8 million dollars in contracts that was awarded by the City in this period, 10.6 million was awarded to Union contractors, 10.2 million to non -Union contractors. So doesn't that tell you that the Union contractors, although they are paying these wages and these fringe benefits, were able in more cases than not to win these contracts through competitive bidding. So what it tells me is that the, and I hate to keep making a Union and non -Union issue out of it, but in this memorandum, it's prepared by your City Manager, he does refer to it as Union and non -Union. Mrs. Gordon; And I don't see it as Union and non -Union at a, M ', Sheaf's; I don't think so, Jv JAN 131977 Mrs: Gordon: You can't even tell me nor can anyone else tell Me thatmain G. those that were non -Union receiving the award didn't pay pension benefits. tou don't know, I don't know and I don't think the issue is UnionMIME ° and non -Union at all, MEW Mr. Shears: But I'm saying that if the ones who are not Union are not paying fringe benefits, then what are they doing with that extra money? Mrs. Gordon: Sometimes it's just a matter of more profit. Mr. Shears: The difference is, I submit that the difference is that the Union contractors are bound by a collective bargaining agreement to pay the fringe benefits and the non -Union contractors are not. Thank you. (APPLAUSE) Mr. Goodwin: Reverend Gibson, if I could address myself to you, I think I have a manner in which we could resolve this situation because as Rose Gordon said, this is not Union, it's not non -Union, it's not fringe benefits or non -fringe benefits, it's a matter of dollars and cents and I think one way you could resolve this thing very simply. At any time you let out a set of plans for a bid, you, as the owner, have the right to accept and reject any and all parts of the bid or any and all bids. Why don't you take any one contract and let it out double-breasted? Prevailing wage, with fringe benefits and no prevailing wage. Take two sets of bids on one contract and see how it comes in and you'll find out exactly what happened. There will be no doubt in your mind. You're not comparing apples and oranges, you're comparing two apples or two oranges and that will really give you the answer you're looking for because as I said before, whether they're Union or non -Union, they're paying about the same in the way of wages and they're paying fringe benefits and so forth but there is a difference as far as Administrative handling and so forth is concerned that does make up this difference and you, of course, have to account for the people of the City of Miami for the dollars that you're spending and if you can show to them that here you've got a Union contractor, he bid this thing on an open bid and he got the bid and that's it, he gets it and that's the end of it. Thank you. Mr. Bill Sparanza: ...and rather than to have me shout and be out of order, I beg of you to listen. I've been here compiling these things one at a time and I'm just a nobody. My name is Bill Sparanza and I operate heavy construction equipment. I have talked to all walks of life and I have been very fortunate to live in all walks of life and I stay in this, the final summation in my mind, even to the last speaker is to take free enterprise away from us. Imagine coming before this Commission and taking free enterprise away from us. We, Americans, born and raised here who fought for this country, tell us to take one apple here and one apple here and see what this is going to do or what that is going to do. This is crazy. The true spirit of free enterprise and being an American, regardless of your culture and your background and where your mother and father were born, I'm proud of mine, is to competitive bidding. That's why we've had immigrants come here from all parts of the world because here they were going to have a chance for competitive bidding. I have worked for people who owned the highriser I was working on and was proud to have people build on it that were pure Craftsmen. He gave me an education by saying that he was going to get for all the money that he was paying, he was going to get his money back starting 4 and 5 months ahead of time. I have used it, I have used the same thing, I have spoken to people in Spanish and in Italian on many occasions and proved to them beyond a shadow MOM EMMA Mima ffR mmw MMW MMW MMK mmw MED mmv MEW WNW 0'1 JAN 131977 bf A doubt that they use an extra Craftsman and pay an extra dollar, their money is going to come in quicker, they could sell the condominium quicker, they could get the rental quicker, they used up the roads and the payments and everything quicker and then my final summation, like I said a moment ago, is competitive bidding. If we know and you know and we're choosing sides like everyone else is choosing sides, we shouldn't choose sides. We're going to save the City of Miami and all the surrounding municipalities and the entire Dade County a lot of money when they have to meet our standards of crafts and the money that is put out and you're going to get a good job and get it fast -by all trades and by all people, Union or non -Union. They'll fight to live up to everyone's standards and this is just competitively and free enterprise. Thank you. (APPLAUSE) UNIDENTIFIED SPEAKER: I've been sitting here listening to a lot of this and I don't understand one thing. Nobody asked you people to give anymore money. All we're asking you to do is to put this in the contract and let the people bid whether they're Union, non -Union or whatever they are. Nobody said it's going to cost Miami anymore money, you're just going to take the bids and let everybody pay the same. If a man is working, he should be covered by these fringe benefits whether he's Union, non -Union or whatever you call him. We're not asking the City of Miami to raise anymore money from taxes. All we're asking you to do is to give our contractors an equal bidding opportunity as non -Union or whatever you want to call them. That's all we're asking. Mayor Ferre: Alright, what is the will of this Commission? Mr. Mike Casey: My name is Mike Casey representing A.G.C.. Reverend Gibson raised the issue of money, dollars and cents. I thought it would be helpful if the Commission knew that presently the Carpenters fringe benefits run about $1.26 an hour. The Laborers fringe benefits run $1.30 or $1.40 an hour. I don't care how much eliquence Mr. Kaplan comes up with before this Commission, it's going to raise prices if you tack on the requirement that contractors pay fringe benefits that are being paid in this area, $1.30 and $1.40 an hour per hour. It has been said that the issue before this Commission is security and what's going to be paid to the employees of these contractors. I submit that I respectfully disagree. I think the issue before you, as Commissioners, is what is best for this City and what is best for the taxpayers and this ordinance is not going to help the City and it's not going to help the taxpayers. This last gentleman made the comment that what you're really talking about is making the contractors pay more money. That is extremely fallacious. The City is going to be paying the money. If you tack on this requirement that contractors must pay these additional fringe benefits, the bids are going to go up. The City is going to pay, no matter how you cut it, additional sums of money because all the bids are going to rise. Now you've got Mr. Grassie here having to be forced to layoff hundreds of City employees to cut costs. How are you going to explain to those City employees that you're raising the cost that the City is going to have to pay? You're not talking about what the contractors are going to have to pay and you're not talking about what the employees are going to get, you're talking about what the taxpayers are going to get, are going to have to pay and that, I submit, is the issue before this Commission. (APPLAUS E) Mr. Kaplan: Mr. Mayor, I'm the fellow that was on the aalendar and I thin% I ought to have some perrogative here, May I suggest that you close the public hearing and that we be here, we're here to answer 95 JAN 131977 your questions but that the debate be yours only? Mayor Terre: Mr. Kaplan, that was my intention. This is sudh a Volitile and such an emotional and such an important subject that l feel, as Chairman of this Board, that it is appropriate for me to permit anybody who wants to make a statement to make a statement. I understand but I don't want anybody walking out of here saying well I didn't get my day in court, I didn't have my opportunity to say what I feel. Now I agree with you. I feel that this matter has been debated now for almost 2 hours and we've been here before and I think most of the Commission has an understanding and I think there are some serious questions that have been raised and the answers have been forthcoming. I think it's still up to the Commission's will as to what the majority wants to do and as Chairman I now ask for questions or a motion or what is the will of this Commission? Mik MW Er Mrs. Gordon: Mr. Mayor, I've expressed myself, Father Gibson has, would you like to give us your thinking and also the other two Commissioner,__ Mayor Ferre: i will vote, i certainly will, once this motion is made, will certainly cast my vote. Mrs. Gordon: And you have no comments Mayor Ferre: Not at this time, Rose. I think you all understand. Rev. Gibson: Mr. Mayor, I would think of my fellow Commission in the sense that we both sit on the Commission as given us the assurance that Metro is gcing to take up this matter soon. You said very soon, isn't that right? would it help if we could have a conference with Metro so that we don't get into the bind about this? My brother, you don't hold public office, you work, you would have worked for a Union. I just want to make sure. I'm trying to come to an ammicable agreement and you are the lawyer. It doesn't make a doggone bit of difference to you because you... I'm the Commissioner, I have to protect both sides. I do that as part of my ministry. I go through marriage couples and they want to eat up each other. I say now wait a minute, don't eat up each other, let's wait and see how reasonable we can be. Metro,. and maybe, Mr. Mayor, this might be the time, until you came, I don't mean you, Metro hasn't been very solicitess to talk with us. I can afford to say that. They haven't been too kindly disposed to talk with us. I'm glad you're there and now this is an issue you can stay with and you might be able to get us to all sit down in a room. Usually when we go over there, I could talk about it now, we'll get about 2 or 3 Commissioners who will come and talk with us about the Dade Rapid Transit and some of those other things. Isn't that right? Mrs. Gordon: Father, I'd like to let you know that there is an inter- governmental relations committee meeting which is set up by the League of Cities that meets on the 26th. Representatives will be there from the different municipalities and Metro. I represent the League on that Committee and I will be happy to bring this matter to them. However, they will be looking to us as, well what does your Commission feel. So 1 would move you that we take a position by motion that we feel that all people are entitled to receive fringe benefits and pension. (APPLAUSE) m.rs. Gordon: That's a motion, not a resolution and not an ordinance. It's an intention, a policy and I would take this to that Board. Mayor Terre; At this time we have a motion on the floor by Cocnml.ssioner Rose Gordon, JAN 131977 Rev. Gibson: tot me make sure f understand. That all people a entitled to receive fringe benefits. Is that right? Nolo that flab not mean we will be adopting this ordinance until... Mrs. Gordon: No, this is only a motion. Rev. Gibson: Wait a minute. Until we get an opportunity with Metro. Mrs. Gordon: It can't happen that soon. (INAUDIBLE) Mayor Ferre: There is a motion on the floor by Commissioner Lose Gordon that this Commission pass an intent to this matter. Is there a second to the motion? Mrs. Gordon: If somebody seconds it, you can at least get a vote and then you'll know that it didn't pass or it did pass. Mayor Ferre: Well I'm trying to get a second. Mrs. Gordon: You can have the second and still vote against you know. No second is simply a matter of ducking an issue, you know. Now don't duck it, boys, let's get on the... (APPLAUSE) something,rair ' Mrs. Gordon: You don't have to vote for it but you can get the motion on the table. Mayor Ferre: We have a motion on the floor. We're waiting for a seond. Obviously, if, out of the three Commissioners there is no second... Mr. Plummer: Or the Mayor. Mayor Ferre: Or the Mayor, that's a clear indication that we don't have a second. Mrs. Gordon: I know that, I realize that. Mayor Ferre: That's a clear indication of this Commission's feelings. Mr. Reboso: And Commissioners, I never have seen Commissioner Gordon second a motion just for the sake of a move. Mrs. Gordon: You could ask me and I would do it and I wouldn't necessarily vote for it and if nothing says the seconder of a motion has to... Mr. Reboso: I said I have never seen that happen. Mrs. Gordon: You have not seen it happen? Mr. Reboso: No. Mrs. Gordon; Oh yes, on this Commission I have even had heard where someone has made a motion and voted against it. That's not my intent but I've heard it on this Commission. Rev. Gibson; Mr, Mayor, I offer a motion that this Commission seek an immediate conference with Metro to talk about and deal wjth this issue. JAN 131977 Mayor Fevre; Father Gibson makes a motion that this matter be deietred until this is discussed with Metro. Is that what you're saying? Rev, Gibson: I would word it that way, it wouldn't make any differenee1 Mayor Ferre: Well I'm just trying to get the intent of the motion Rev. Gibson: That's the intent. Mayor Ferre: Is there a second to the motion? Is there a second to the motion? Mrs. Gordon: Mr. Mayor, I'll second it to get something on the table. However, I don't see that that's going to accomplish too much because I don't think we looked to Metro to guide us and take us by the hand because if we did we'd be doing alot of other things we're not doing but I would second that motion in order to have some motion that we could take to this inter -governmental committee on the 26th. Thereupon, the following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 77-57 A MOTION REQUESTING A JOINT MEETING BETWEEN THE MIAMI CITY COMMISSION AND THE METRO COMMISSION TO DISCUSS THE MATTER OF REQUIRING CONTRACTORS TO PAY PREVAILING WAGE RATES INCLUDING FRINGE BENEFITS ON PUBLIC WORKS CONTRACTS. Upon being seconded by Vice -Mayor Gordon, and adopted by the AYES: the motion was following vote - Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: May I ask Mr. Grassie if he would please ask for a place on that agenda on the 26th of the inter -governmental committee. If you're attending any other confrontations with Metro, that's okay but if you will please ask for that, I will appreciate it. Mayor Ferre: Mrs. Gordon asked some time ago that I express my opinion and I'd like to, at this time, take the opportunity before I vote to state that I could take the easy way out of this thing. I'm sure all of you are aware that in my private business the company that I preside over sells concrete. I could ask the City Attorney, since obviously in my opinion this is going to affect my business since the contractors that are involved are purchasers of this material and since therefore i would have economic gain or loss, if I should abstain and if I were to ask that question and stop me if I'm wrong, Mr. City Attorney, I would assume that you would answer that the law says that if the in- dividual feels that he has either a financial gain that he should abstain from voting. Is that correct? Mr. Knox; Yes sir. Mayor Ferre; So there are no questions that 1 have financial involvement in this and I could therefore ta}e the easy way out, Ma's, Gordon, MAE 9' JAN 131977 M 'gOordoht 8o take it'1 Mayor .Cerre: No, I'm not going to do that. I'm not going to take the easy way out. I want to state sincerely to both groups here, i think there is good argument on both sides and there is no question, and I agree with the Union position, that governments should not involve themselves in saving money at the expense of working people and I think that's just a statement of philosophy which I agree on and I happen to feel that way philosophically. The other side of the argument is that there is no question that this is going to cost the City of Miami additional money. I don't have any questions about that because obviously if you have to pay wages based on fringe benefits, nobody is going to convince me that it's going to cost the City of Miami less money and I doubt very much if it would cost the City of Miami the same money so therefore the question is whether or not the philosophical question outweighs the exact financial cost. Now again I could take the easy way out. I could vote "no" and say I'm voting against the majority because I am in favor of this matter going the way the Unions have presented it and walk away from here and tell my contractor friends well, you didn't lose anything, you got your way, it didn't pass and I can tell my Union friends that I voted with you. I could also take another easy way out and vote "yes" and then I could tell you the same thing. I could come to you and say hey, the thing already passed, we're just putting it off for another day and the matter is already lost, it's four votes and that's the end of it. Let me explain how I feel. I think that at this stage of the game the City of Miami is in a very difficult financial position and I hate to impose an additional burden on the City which we will. But on the other hand, I feel that this matter is one of philosophical importance and I happen to agree with the Union position and therefore, even though it doesn't mean anything, I'm just going on the record expressing how I feel. I didn't second Mrs. Gordon's motion because I do not feel that strongly about it and I want to say it on the record and openly and therefore I vote with the motion to make it unanimous. Mrs. Gordon: The motion is only a motion to meet with Metro which means nothing. Mayor Ferre: Absolutely and I was just, you asked me to express my opinion and I expressed my opinion on the record that philosophically I agree with the Union's posture in this. That's the end of it. (APPLAUSE) (INAUDIBLE) Mayor Ferre: What has happened, Bill, is that we and we're going to let Metro make the decision. (INAUDIBLE) Mr. Plummer: Wait a minute. Bill, excuse me, Mr, Mayor, I have to take exception with that statement. Mayor Ferre: Well then let me put it to you this way. I think with a thrust of what Father Gibson was saying is that this reminds me of the discussion on gun legislation, you know, when you bring up the subject of whether you're going to register guns and all this and every time this is brought up, somebody comes up with the argument well you shouldn't do it in the City of Miami because if it's going to apply, it's got to apply universally and, in effect, I think what you're saying is that if Metro passes it off it's binding on all the cities of the community. Then that's the way it's going to be and in JAN 131977 effect what we're doing is we re saying that Metro ain't the decisit511. NoW that's the way I read it. If I misunderstood, you corfeet fne• Mr. Plummer: I misunderstood what you're saying. It was my under - Standing as Father's motion stated that we would sit down and talk with Metro of what their intent is. Now I don't know that if, in fact, Metro has the right to put that upon all of the cities. If that were to be the case, I think we've spinned our wheels tremendously as far as the City of Miami is concerned, Opa Locka, Hialeah and the other ones. Mayor Ferre: That's exactly the point. What, in effect, is being said is that this whole discussion is academic and there is nothing to discuss with Metro. If Metro passes it, if it's binding on all the municipalities, everybody in this community, that's that. Mr. Plummer: Well I think Metro, as I understand home rule Charter, has the right to set minimum standards. Mayor Ferre: That's correct. Mrs. Gordon: Well that would be a minimum standard. Mr. Plummer: Is that what you're saying? Mr. Knox: The question may be, Mr. Commissioner, whether or not this is an area where Metro can exert authority which would affect all the municipalities. Now Metro has certain functions that they have assumed and I'm not prepared, at this point, to give you a definitive answer but the question would be whether or not they have assumed the authority to pass and ordinance which would affect, for example, the bidding requirements and specifications of a municipality. Mr. Plummer: What would the answer be? Mayor Ferre: Well I'm sure that's something that has to be legally... Mr. Grassie: I'm not aware of any present regulation on the part of Metro, Commissioner, which has to do with your bidding practices and... Mayor Ferre: Mr. Grassie, the home rule Charter of the State of Florida that was passed and that affects Metropolitan Dade County gives them the authority to establish minimum standards for the City, for all the cities within their jurisdiction. I'm not a lawyer and this is a legal question that I'm sure the City Attorney would have to rule on but it would be my inclination that if Metropolitan Dade County passed this as a minimum standard, that we would be subject to it. (INAUDIBLE) Rev. Gibson: Mr. Kaplan, since I am an individual and I'm Theodore and T. think I've faced moral issues here, nobody could doubt that. If I want to confer with Metro, I think you ought to do me the courtesy and let me confer with them. Now what I do after I talk with Metro will be my business. I don't have to do what Metro... But I think I ought to... if we're the largest municipality in the County, I think and I believe we ought to say to Metro, this is an issue. There's the man who's going to say it to them. Let me put it this way. It would be difficult for me to understand if Metro passes an ordinance and says this is what ought to happen. Theodore Gibson says no man ought to be working and not have the benefit of protection, MI • JAN 131977 fi Mr. shears: Mr. mayor, l feed like that from the discussion that hat ehsued here this evening that there is not one single person in this room including you four Commissioners and the Mayor who don't feel that people in the construction industry whether they be Union or non -Union deserve a pension plan. And this is exactly the issue and nothing else, Not what Metro does, not what another City does, this is an issue that has been brought before this Commission and by not having a second to that motion, I feel that somewhere along the line somebody is not speaking their mind. I don't think one single person on this Commission disputes the fact that all people in the construction industry deserve a pension. Not only a pension but we're also talking about health and welfare. With the cost of hospitalization today, and all of you know that it's nothing unusual for a person to go to the hospital and incur a $1,000 or $1,500 a day bill. So I think that this is not something that we should say well, my friends in the construction think away or my friends on the labor feel another way, you're playing with people's security and I submit that this Commission has been derelict in its duties tonight by not taking action on this. (APPLAUSE) Mayor Ferre: At this time, the Commission has taken a position and I think it's clear to everyone exactly what that position is and at Or this time we will go onto item... Rev. Gibson: Mr. Commissioner, can you get us on the next agenda? (INAUDIBLE) Rev. Gibson: Alright, beautiful. /3, PERSONAL APPEARANCE: TERESA SALDISE REPRESENTING GUSTAVO LFNOS, f Ms. Teresa Saldise: Mr. Mayor, Commissioners, I'm here today on the matter of the retirement of Miami Police Sergeant Gustavo Zenos. I would like to briefly, in chronoligical order, give you a synopsis of the history of the retirement of Sergeant Zenos. Sergeant Zenos had been with the City Police Department since 1957. On October 1962 he suffered injuries to his back in the line of duty while apprehending two suspects. Since then he has had repeated episodes of lumbar strain resulting in several hospital stays. The City accepted his injuries as service -related, suffered in the line of duty, and compensable under Workman's Compensation and has paid him benefits throughout his different hospital stays. His injury has gotten progressively worse and finally Sergeant Zenos applied for a service retirement which is the result of service connected injuries. The retirement board referred him to the medical board and he was examined by three doctors; they were Dr. Dr. and Dr. Gregory. Dr. found that there wasn't anything wrong with the Sergeant. He felt that he had a conversion reaction, a hysterical reaction, and that he was not incapacitated. Both Dr. and Dr. Gregory found that he had probably ruptured a lower lumber disc and a herniated disc. The two doctors found that he was incapacitated and unable to perform his duties as a Police Sergeant. The retirement met in April 1975 and studied the recommendations of the medical panel and denied retirement to Sergeant Zenos. They requested that the Medical Board clarify and define the contradiction between the cover sheet and the reports of the three different doctors. They requested that the doctors come back to them and tell them whether or not the Sergeant's injury was a second report and clarified retirement board. Both Dr. service related. The their position at the and Dr, Gregory doctors rendered request of the said that the Sercceani had suffered his injuries in the line of duty, that they were service connected and that he was incapacitated to perform his duties as a Police Sergeant for the City of Miami. Dr. again said that he felt that the Sergeant was not incapacitated. We have two doctors out of three on the retirement board saying that the Sergeant is incapacitated and that his injuries are service connected. The Board again denied retirement in spite of the findings of the medical panel. From the minutes of the Board meeting it seems to me that the Board's decision was based on the fact that both Dr. Gregory and Dr. felt that the Sergeant perhaps could be helped with surgery. Now this is an elective procedure, of course no one can force a man to undergo surgery and there is no guarantee that he is going to be helped at all if he submits to this surgery and there is a very real possibility that he could be worse off after the surgery. Based on this the board again denied retirement to Sergeant Zenos. On July 1975 Sergeant Zenos went before the board and they refused re -hearing. Now I propose to you that the medical board findings are final and conclusive and binding on the retirement board. The retirement board doesn't have any discretion whatsoever to go against the findings of the medical panel, a medical panel that is set up by the City of Miami and chosen by the retirement board. These three doctors were picked out by the retirement board and the Sergeant went to see them at the retirement board's request. However, the retirement board has acted arbitrarily, has gone against the recommend..tion of two out of three doctors on the medical panel and has refused retirement to the Sergeant. Basically this is what has happened and I respectfully request that this Commission review the decision rendered by the retirement board or direct the board to reconsider their decision and in doing so this Commission will do what is fair for a City employee that has served this City well for many years and who was injured in the line of duty as a Policeman, who is now arbitrarily forced to continue working for the City while in pain while two doctors out of three of the City medical board are saying that he is incapacitated to perform his duties and the City is denying him his right to retirement. Mrs. Gordon: ghat kind of work is he doing now? Ms. Saldise: He is working with the City of Miami Police Department as a booking Sergeant. Mrs. Gordon: Doing what? Ms. Saldise: He received the... Mrs. Gordon: Is he doing a sitting Secretary job? Ms. Saldise: Yes, he is working as a Sergeant with the Police Department in Headquarters, he is not out on the street. However, these two doctors feel that he is not qualified to do this job. He is in constant pain and he is in and out of the hospital continuously. He is having major problems. Mrs. Gordon: Mr. Plummer, can you shed any light? Mr. Plummer: Rose, one thing I don't want to do is to spin my wheels. If the City Attorney tells me that this Commission is in power to act on this particular case, then I'll go into an explanation. If the City Attorney rules that we are not able to do anything, then I think it's useless for me to go into such. Believe me, I know the case forward, backwards and sidewards and I don't mind going into the dissertation including my opinions if there is something this Commission can do. 1- 1 JAN 131977 Maybe Parfet Than at this point the Chair will ask the City AttOfney A legal opinion as to whether of not we can become ihVolVed in this iteM Mr. Knox: Mr, Mayor, members of the Commission, there is no procedure whereby an individual can appeal a decision from a board to the Commission and if this is regarded as an appeal, there is no provision for such an appeal. Mayor Ferre: Well let me ask this question. Isn't it so that the Charter of the City of Miami, No, I guess it wouldn't be a Charter matter, but the ruling... The statement that the Attorney for the Sergeant made that there is no overruling of the Medical Panel's findings, the question is, their recourse is to go to court and have a court decide this? Ms. Saldise: Mr. Mayor, the reason we are here today is because we are trying to exhaust all of our administrative remedies before we petition for a Writ of. Certiorari against the City of Miami. Mayor Ferre: Have you gone to court and has the Judge ruled on this? Ms. Saldise: Excuse me? Mr. Grassie: Could I make a couple of points, Mr. Mayor, just for information? The case has been in front of the Pension Board three times and it has been denied. It has been to court once and it has been denied. Now the reason that it is in this section of your agenda, to answer Commissioner Gordon's question, is because it is a personal appearance, it is not a decision question. Ms. Saldise: The matter has been to court twice on a declaratory judgement and the damage which are not a review of the case on the merits. This is why we still have the avenue of certiorari open to us which would review the determination of the retirement panel on the merits of the case and we are here today trying to avoid having to go to court. Mayor Ferre: Alright, well we have... Mrs. Gordon: Well we've just been told we can't do anything more than just listen to you and perhaps give you some sympathy but that's about the extent of it. Is that it? Mayor Ferre: I guess that's what the City Attorney has ruled. I heard that very clearly. What he's saying is that we cannot do anything in this case. Mr. Plummer: Mr. Mayor, I think what this Commission can do and the only thing that it can do is to request of the pension board that this matter be reconsidered. Now I don't know of anything else this Commission can do. Mrs. Gordon: can this Commission do that? Mr. Plummer: We can request them to. Ms, Saldise: Maybe you cannot direct them or order them to do it but you may certainly request them to do it, Mr. Grassie; As a point of information, Commissioner, 1 understand that anybody is eligible within 6 months after having been denied by the board to reapply for disability. This is an automatic privilege that a person has. JAN 131977 Mayor Petre: But the thing that really gets me, as Plui'► iet is saying, Sergeant Zenos happens to have a good case, that he happens to be right, that he's been had as the words the J. L. used on this. Now the point simply is this. I'll never forget a movie with Charles as the Attorney, he was the lawyer and it was called the Windslow Case, a very famous legal case in common law in England. It was a war movie, it was a brilliant exposition and the closing argument that Charles uses when he finally brings this thing before the jury, he says, "I,et not only justice be done but let right be done." And there is a difference sometimes and I think that's what we might be faced with here. Ms. Saldise: Would the Commission entertain passing a resolution and would the City Attorney advise the Commission as to whether that would be... Mayor Ferre: The only resolution I understand we could pass is asking the pension board to review this again. Mr. Knox: Once again, your Honor, the pension board would not be bound by such a request. As far as the administrative procedures are concerned inasmuch as there is no procedure for review by the Commission of a board decision, the avenue of certiforari, if all the procedural requisites are met, is now open to Mr. Zenos. In other words, this is not a part of the administrative remedies that must be exhausted prior to seeking a writ of certiorari in a circuit court. Mr. Plummer: Well let's put it this way. Maybe somebody will call me on the carpet, well c'est la vie. I make a motion at this time that this Commission request of the pension board that the case of Sergeant Gus Zenos be heard once again. Mayor Ferre: Is there a second to the motion? Mr. Reboso: Second. Mayor Ferre: There's a second by Reboso. There's a motion by Plummer, seconded by Reboso. Is there further discussion? Call the roll. .y, Rev. Gibson: Doesn't your client have the right to go to the board and say, after so many months... Mr. Plummer: After 6 months, Father. Rev. Gibson: To be reheard. Ms. Saldise: There is a problem, Father, and that is when he applied he was under the old regulations which would entitle him to many more benefits than he would receive if he applied now so if he is forced to reapply again and his petition is entertained as a new petition, he would be losing thousands of dollars in benefits which are the retirement benefits to which he has contributed. M. Plummer: Father,- just let me take two minutes and let me see if I can explain something. Mr. Zenos is hung up on two major problems. Problem number one, he applied under the old rules of the old board and under that, had he been granted the disability, he would have gotten back his entire payments to the pension fund in a lump sum if you will recall under the old board. He would still get his 66 2/3. Now let me tell you where this whole thing fell apart, Father. We're playing with a man, not only his life but his physical well-being, Mr, Zenos chose, at the time of the board when he was sent for medical examination, not to take a mileogram, Is that correct? Mb. Saidise: That's correct but the mileogram.would have necessitated surgery if it was found necessary In other words, the physicians Would not perform the mileogram unless he accepted to undergo surgery and he does not want to undergo surgery. Mr. Plummer: Counsellor, I'm arguing your point, don't argue with me. He refused of his own volunteering at that time not to take the mileogram because with a mileogram alone, people become paralyzed and I could understand his concern. Now because of that decision, basically two of the doctors said without this test we cannot make a determination. Yes, he has a problem but to what degree we can't say without the benefits of this test. Now what the board, in fact, really said to Mr. Zenos was, Mr. Zenos, either you take the exam or we're going to deny you. He said I'm not going to take the exam and the board said we deny you. Now that board ran out. A new board was created with a new set of rules. Now when these new set of rules came in, it would greatly cut his benefits that he could have received under the old rules and my statement in subsequent meetings was that he applied under the old rules, he played the game under the old rules and he would be entitle under the old rules. But the new board now states there's not three doctors, there's one doctor and this doctor likewise made the same statement that this thing was needed. I'm sorry but Father wanted this and Rose wanted it and I feel obligated to give it. Mayor Ferre: But it's 7:30 and... Mrs. Gordon: Maurice, if you don't mind, I've got to hear the end of it because I've got to deal with it so just let him finish it. Mr. Plummer: So anyhow, the long and the tall is that's where he's hung -up. Two points. Number one, he applied under the old rules and he should be, anything applied under the old rules would be granted under the old rules. Number two, he didn't want to take the exam because of the possible ramifications. I hate to say this and Mr. Grassie is going to hate me for it and everybody else but you know the simplest way to determine this damn thing, let that man take off his trousers and show you his leg. Okay? There ain't no question about it. Let him show you that leg. Not out here in front of everybody, and there is no question that that man has a helluva physical problem. Amen. Thereupon, the following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 77-58 A MOTION REQUESTING THE CITY OF MIAMI RETIREMENT BOARD SYSTEM TO RECONSIDER THE ORIGINAL APPLICATION MADE BY SGT. GUSTAVO ZENOS UNDER THE OLD RULES FOR DISABILITY RETIREMENT. Upon being seconded by Commissioner Reboso, and adopted by the following vote - AYES; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre the motion was passed MINIMUM MMMilk MMMW MMMW MMEW MMMW MOW W 1 JAN 131977 Mf b1 Gordon: 1 have a question that's bothering me now. if they oofte back under this action, will it be under the old rules or the new rules? Mr. Plummer: Well let me answer this way, Rose. He has already applied tender the new rules. He applied once and was denied under the new rules. Ms. Saldise: No he has not, He has only filed his application under the old rules. Mr. Plummer: Let me answer it another way. The way it stands as t understand it, he has been denied under the old rules. Now the only thing he can do with this request is hopefully to be heard again and be granted the 66 2/3 accidental disability. Now I don't know any other way without her going to court to make the City hold to the old rules but the important thing to me is that this man should not be put in a position of being forced to work with a physical handicap that he has. He could be put on 66 2/3 disability. They can argue about the lump sum. I can understand his position but under the rules, as i understand it, he has been denied under the old rules and he would have to apply under the new rules and the best that he could come out with would be with the accidental disability, 66 2/3. Ms. Saldise: Commissioner Plummer, correct me if I'm mistaken but I understood the motion before the Commission to be that you were requesting the retirement board to reconsider Sergeant Zenos' application, the only application that he has filed, the one that was denied. Because you don't have to really request the retirement board that they reconsider a new application. He can come out of here and file one tomorrow morning and that would not require a request from the Commission that they would be forced to consider it so I understand that the motion that you have just passed is that the board consider that application that was denied. In other words... Mr. Plummer: I understand what you mean but let me say this. They are the same members of the board with the exception of the Chairman who were there prior and are there now and this problem was thrashed out, hashed out and everything else whether or not he would be entitle under the old rules and their ruling at that time was emphatically "no". i have no qualms, for one, to say to them, reconsider under the old rules. I have no problem about that but I tell you, to me, the burning issue is to get him out on accidental disability and he can argue about the lump sum later. Ms. Saldise: May I have a clarification as to the motion that was passed by the Commission? Mayor Ferre: It hasn't been voted on yet but you certainly may have a clarification. Mr. Plummer: It has been voted on. As the maker of the motion, let me tell you my intent. My intent is that it be considered under the old rules. Ms. Saldise; Thank you. JAN 131977 7 PERSONAL APPE/1* INCE: MN I EL EALEY - CONCERN HIS WAGES Mr. Daniel Ealeyt Good evening Mr. Mayor, Commissioners, Mr. Grassie. 'riday I came around and I passed out a copy of this letter to the City Manager. Did all the Commissioners receive a copy? Well anyway, this letter went to Mr. Grassie so that I could be placed on the agenda stating why i would like to appear before the Commission. What the whole thing boils down to is that I've been on the payroll and not been paid. The little bit of money that I am being paid, they are taking it away from me for no reason whatsoever. I have took this up with the Law Department, I have took this up with Labor Relations which Labor Relations is representing the City Manager's Office with the responsibility of me not drawing any money. My salary is approximately $14,000 a year, between 14 and $15,000 a year. In 1976, my gross, I repeat, my gross, $7,321.69. I worked from March 15, 1976 through October 22, 1976, 40 hours a week, 2/3 pay. I would like to know how can an employee work for the City 40 hours a week and only being paid for 2/3. That's the first question. Why would a City employee get hurt in the line of duty, why isn't he taken care of? It's my under- standing that pension is deducted at a rate of 8% of your gross. Out of those 2/3 pay that I was drawing, I was paying full pension which is out of the 2/3 which is about 10%. There's a contract with Labor Relations and with the Union that if you file litigation against the _ City without going to consult the Labor Relations, that your money, �., all supplemental pay can be withdrawn at rates no more than 10% of your gross. Now out of this $7,321.69, I had $424.30 Social Security, I had $194.10 Income Tax, $851.14 Pension plus on top of that 10% is going back to what the City paid me while I was out So my net for this whole year is $5,852.14. Now I would like, Mr. Mayor, for the Commission and also the City Manager why this is being One thing else, my first injury in 1971, June 6th, and again a different injury, March 13, 1973. You are supposed to be out 180 days. On the 8th of January, before the 2/3 disability came in, what they done, they took the 1971 and the 1973 and combined them together to give me a quick 180 days. I want to know why this was done. Now Labor Relations is going to defend the City by saying I went and filed claim. Yes, I filed claim. I filed claim for the injury in 1973. The contract was signed with the Union on October 1, 1974. Both injuries occurred prior to the contract being signed. Tell me how the hell they can go back and get something that happened 3 years before. Now I think this is harassment. I have paycheck stubs with 00 balance, misc. 000 balance but I'm still paying pension. Labor Relations is representing the City so hard and so strong that they don't care about a man and family out there eating. I have a court order here where the Judge ordered me on June 30, 1976 to pay $40.00 each for two children. How the hell can I pay it? But I still have to come to work every day. The time that I was being paid 2/3 putting in 8 hours a day, if I came into work at 8:02, I had to sign in 8:02. I didn't get a break but I still have to come to work. Also, in the letter to Mr. Grassie, it ' says to either hold it off or file a lawsuit and take it to the circuit court. Well I have been holding my turn off because with all respect, I think I should bring this to the Commission and I would like to get something. I put it this way. I've done gone as far as I can go and I can't go no further. Now I just want, and if anybody in this room stands up there now and tells me that I've been treated fairly and the way I should have been treated, I don't care if it's from back there or up there, I'll show you you're a fool. If it's one, I'll show you a fool, it's two, I'll show you a fool. If it's a bunch of you, you're a bunch of fools. This has been going on ever since 1974. ... Now I would like to know how long you all are going to let this go on. I'm open for questions from anyone. Mr. Grassie; I don't know any of the details of the case, Commissioner, but I understand that it has been very thoroughly reviewed by both Workman's Compensation and by the Law Department and the feeling that NIMITIOW sIMMIlak MINB • 1114 1 Cr') r JAN131977 0 get from our Attorneys is that the only recourse that is how available Sinde apparently there is no way of reaching agreement at the adrtinia. strative level, the only avenue that's available is, in fact, for him to go to court. Mr. Plummer: As a matter of wrapping this up, Mr. Itnox, you do concur? Mr. Knox: Yes sir because there is a legal question involved. Mr. Plummer: And Mr. Ealey? Mr. Ealey: Okay. I want to say that I disagree with the Manager over there. i think this is an administrative problem. There has to be something that if a man is working 8 hours, he should be paid 8 hours instead of 2/3. Now that has to be an administrative problem. I'm working 8 hours and only being paid for 2/3 but all my pay stubs say $6.28 an hour and I'm paying full pension. Now what happened to the other 1/3 of my money that I'm paying pension on? Now I don't want to hear about an administrative problem that can't settle some of this and it's still going on. I haven't drawn a full damn paycheck since 1974. Mr. Plummer: Mr. Ealey, I don't think anyone up here is more familiar with your case than i am. I've done what I could for you in the past but here you have the City Attorney and the City Manager flatly stating that you have but one avenue. Mr. Ealey: But look, Plummer, you say you know this and you know me. Now just because the City Attorney and the. City Manager, I don't have to agree with them and I'm not going to agree with them. Mayor Ferre: Unfortunately we are bound by the opinion of our City Attorney. Mr. Plummer: I can disagree with the City Manager but I can't disagree with the lawyer. Mr. Ealey: Well I disagree with everybody. Mr. Plummer: You have that right and that's what he's telling you. That right is in court. That's it. Mayor Ferre: I wish, Mr. Ealey, that we could solve your problem, I really do. Mr. Ealey: Mr. Mayor, I know everybody wants to get out of here but there has to be in the Charter somewhere that a work percentage of a man's gross that you take out for pension. Now don't tell me that this is not administrative. It should be in the Charter or something for deduction of an employees' pension out of the gross. Rev. Gibson: Mr. Manager, enlighten me. A man is working full time and receiving 2/3 pay? Is that right? Mr. Grassie: Commissioner Gibson asked for an answer to the question with regard to the statement that the employee is working full time and receiving 2/3 pay. M. Marshall Litvak; Commissioner Gibson, the time that Mr. Ealey is referring to... Mr. Grassie; Excuse me, does everybody on the City Commission ]know Marshall Litvak who handles Workman's Cpmpeneation for the City? JAN 131977 Mt. Litvak: Mr. taley was going through rehabilitation training. if he were attending school, which would be part of rehabilitation, he Would receive the Workman's Compensation payments but no supplemental disability and that we felt that he could be retrained into a position with the City that would qualify him to continue employment at the equivalent rate of pay that he had been making previously. We used on-the-job training. He was not qualified to fill a position and it was the same as if he were attending a school and for that we continued him under supplemental disability payments which, according to resolution, are limited to the 2/3 of his full pay. He was being paid at that rate regardless of what his qualifications were at the time even though he did not qualify to perform the job. when he became qualified, he was put into the position without the necessity of examination that was required of other employees on a permanent, basis and is receiving the full pay of the classification. Rev. Gibson: But the man said he's working 8 hours and receiving 2/3 pay. Mr. Litvak: Mr. Ealey was not working, he was receiving job training. The fact that it was on-the-job training does not differ from whether we had sent him to Lindsey Hopkins or whether we had it on the job. He was not qualified for the position and he was being trained to be or qualified so that he could receive a full pay. Rev. Gibson: Does he get the full pay now? Mr. Litvak: He is now receiving full pay, he has permanent status in the new position and he is a permanently established employee in that position. Rev. Gibson: Well then he isn't getting 2/3 pay. Mr. Litvak: No sir, he's getting full pay at the present time. Rev. Gibson: Well that's different. We would be derelecting our duty if we let a statement go unchallenged. The man says he's getting 2/3 pay and you're now saying he's getting full pay. How do you reckon that? Mr. Ealey: Father, now all this here is a bunch of bologna. I don't care what Marshall is sitting over there saying. Alright, I've been working for the City for 10 years and a man can come in there that's not worked a day in the City and walked in on the job and is making more money than me. I was making six hundred and some odd dollars a month... You tell me what kind of the Charter the City has that's going to allow this to happen? Why should I be rehabilitated at my own expense? Now tell me this. If I was working 8 hours a day, I should have gotten $6.28 eight times. I've been paying pension out of that $6.28 an hour and the little bit of money they give me from Workman's Comp., $56.00 a week, what could I do with $56.00 a week? That was deducted from the 2/3. The $56.00 a week was deducted from the 2/3 salary that I was on. Mayor Ferre: Well what's the answer to that? Mr. Grassier Well as I understand the question that you asked, Mayor, or possibly you were echoing the question, why should I be rehabilitated at my own cost. The City has two alternatives. One, if a person is not able to do the job for which he is hired, he gets laid off and paid Workman's Compensation. Basically he is out of a job. The other alternative is that the City goes through a rather difficult process of retraining a person for another job which he can hold. Now in that process, the standard that you have applied to everyone so far as I understand it is that they get 2/3 of the pay for the job for which they are not qualified but they are on on-the-job training and until they JAN 131977 are qualified they get 2/3 pay. when they become... Mayor perre: Is this the standard procedure for everybod Mr. Grassie: Is it a procedure for everyone or not? Mr. Ealey: In the first place, I didn't have no business being on the 2/3. The reason I was on 2/3 was because they took two different injuries and combined them together to give me 180 days which would automatically put me on 2/3. I was not out 180 days for my knee, I was not out 180 days for my back. They took them and combined them together. The 1971 injury and the 1973 injury and they combined them together and got 180 days and put me on 2/3. Now this is what happened. Mr. Grassie: Can we answer the question, Mr. Mayor? Mr. Litvak tells me that the program is 12 years old, it applied to everyone, the practice before was that the person got nothing when he was in training except the workman's Comp. benefit and now they get 2/3 of salary. It is an improved program over what the City had before and it does apply to everyone now, yes. Rev. Gibson: Well answer the number of days this is differential or or additional. Mr. Grassie: I was probably getting the answer to the last question when that was being asked. You will have to repeat it, Commissioner. Rev. Gibson: He said that the only reason he has 180 days is because you combined the days involved in both injuries. Mr. Litvak: Reverend Gibson, we did not combine the days. City Medical is the source that keeps the information as to the days lost and the injuries to which it is attributable. We do not make the determination and the figures become one to the individual, if he would like to attribute it to another cause it serves the purpose of not reaching 180 days, it becomes 2/3 mandatory by resolution but that determination is made by the attending physician as to why they lose their time, it's not made by our office. Mayor Ferre: Look, we've got to come to a conclusion. We've had these people sitting here for over two hours, we ourselves have been here for almost 13 hours and I'm getting groggy and this is getting ridiculous and we've got a long way to go still and we've got an important thing to pass in a little while or not pass. Mr. Plummer: That's what I said before... Mayor Ferre: Why don't you reschedule this? Mr. Plummer: There is nothing to reschedule. That's the point, Mr. Mayor. If the City Attorney has ruled, and he has as I understand it, that there is nothing that the man can do but go to court, Amen, that's it. Now I don't like it maybe but that's what he ruled. Mayor Ferre; But is it right? Mr. Plummer: It doesn't matter whether it's right or not right. Mayor Ferre; It is for me, Mr. Plummer: Well it is for me too but when this inan sts here and to Is me that's the only thing he can do -is to go to court... Mrs Raley: ...when t get something up there it will stay up there. ThAt is something that Labor eelations is doing that they don't have Xih business doing. Combining those days together, now that can be an administrative decision. Mayor Ferre: We've got to talk about how we schedule these agenda items. With all due respects to you, whoever made the agenda, how in the world do you ever think that we can start here with a Press Conference at 8:30 and have in the afternoon an item as packed with emotion as this Union question that we took almost 3 hours to talk. I can't tell people not to talk. I can be pretty hard and say well you've got 5 minutes, say what you want and sit down. i can't do that with emotional issues. Now we've got before us a thing where a man is asking to be heard, and he's got that right, who is obviously an emotional, and with good reason because I'd be emotional too and Sergeant Zenos, another emotional deal where his leg is all destroyed. Mr. Grassie: We are certainly open to suggestions, Mr. Mayor. The fact is that if you do take the position that you will listen to cases in which you really don't have the ability to do anything, where there is simply no jurisdictional thing that you can do... Mayor Ferre: Mr. Grassie, as long as I've sat in this Commission, I've been around for 9 years now as a Commissioner and as Mayor, I want to tell you that this has always been a populous type of a Commission and I don't think that as long as you have the make up that you have on this Commission that you're ever going to change that. Maybe in Newark, NJ or Los Angeles or Grand Rapids or San Diego or some other place these things don't happen but they happen here and I don't think... This community has gotten used to being able to come to this Commission and speak and I want to tell you that we've had several elections where this City was challenged so that this City would not exist and I think one of the reasons why we've always been successful in defeating the attempts by Metro and others to merge the City or abolish the City is because this Commission and the Mayor and the Commissioners are always saying look, we have an open door. We listen to people even though it doesn't make any sense. I'm sorry to put it that way. I don't mean to be insulting to you. Mr. Plummer: Listen Maurice, you're both right. He's saying that if you don't do something you're going to have what you have. You're saying that we've always done it, we're going to do it so you know what, we're going to be here 13 to 16 hours. Mayor Ferre: But I think the way to do it is in the way it's structured. You know what happens late in the day, we become just like the lost tribe of Lsrael. We're just wandering around lost in the desert someplace and I think if you schedule these things perhaps in the morning, we're a little bit more chipper and we get right to the point. I haven't heard half of what he said. I don't mean again to be insulting to you but you just sit here and you get to the point where you just don't listen anymore. There just so much that a human being can endure. Mr. Grassie: Mayor, I have to point out that we have spent between the ceremonial things which we have to do and the sort of things that you can't do anything about, we spent approximately 5 hours today. I'm not giving any kind of a political opinion as to whether or not that has to be done. Mayor Ferre; I've already given you that opinion, What I'm saying is that I think if you schedule these things in the morning, perhaps we might get through them quicker rather than these hard things that we schedule in the evening and then what happens is we wander on for an hour and a half discussing it. JAN 131977 z Y Assie But Mayor, We have two kinds of things that appear on your agenda. One is the business of the City that you have to accomplish &9M the other is the sort of things which you may do or not at your discretion on which you decided to do. We'll schedule it any way you recde you want it scheduled. Do you want all the business at this time of night because that's what will happen. Mayor Ferre: Look, I think what we have to do, we will discuss that some other time but I think there is obviously serious concern and I think we've got to get onto the public hearing. It's now 8:00 and t don't know what we can do for you. Mr. Ealey: I need about 5 more minutes and then you can do whatever you want to do. I asked to be here and... Mayor Ferre: I'm afraid that what you're doing is imposing on an awful lot of people. I know that' you have a personal matter. I think what we better do is we will continue this matter and we will hear it first thing on the 27th and I will give you 5 minutes at that time and I think we will be a little more coherent at that time and it's in your best interest. So good night and thank you very much and we'll see you the first thing on the 27th. 75, FIRST READING ORDINANCE: PUBLIC HEARING - MARINA DOCKAGE RATES - AMENDING CHAPTER 50, Mayor Ferre: At this time we have a public hearing on item number 65 which is the Ordinance repealing Section 50-16A and so on which passed on first reading on December 16th. It was introduced by Commissioner Plummer and seconded by Commissioner Reboso. Mr. City Attorney. Mr. Knox: Once again there were substantial changes made in the ordinance after the first reading and I would request that we treat this as the first reading. Mr. Plummer: Mr. Mayor, for purposes of clarification, may I ask Mr. Jennings or Mr. Grimm, either or both, to make a clarification for me as well as the people in the audience with the exception of the people who are related to the commercial aspect, it was my understanding that this new proposal as presented here this evening in substance was less than what was agreed upon at the public hearing and passed upon. Is that a correct statement? s Mr. Bob Jennings: Well I was first not aware that anything was passed upon at the public hearing. The Commission directed the City Administration to incorporate into the new ordinance 9 provisions which I will show you in a moment on the chart when we get to it. The first of these provisions as I understood what was done at that public hearing was that we should develop dockage rates in accordance with a formula and that that formula should produce dockage rates of approximately 70 per foot per day and 94 per foot per day. Now I did not interpret that as being a direction other than when you create a formula you, of course, have to take what comes out the other end of the formula. Now we've done this and the dockage rates that we've developed do come out quite closely to the 7 and the 9'' figure that the Commission requested us to achieve. Mr. Plummer: I ask my question again. What you are proposing here this evening in an ordinance form, is it more or less than what the Commission instructions were? W. Jennings: Slightly less. JAN 131977 IIIMMert okay, that's what 1'M getting at. 'thank you. As it OlAtes to everything but the com etcial aspect because as 1 recall, the meeting went on so long that we did not dwell into the commercial a815ect, it was the Commission's decision to handle that at a later time. Mr. Jennings: well then the Commission changed that direction at that meeting. We are now handling the commercial goals in this same ordinance. Mr, Plummer: But the commission has not. Mr. Jennings: That's correct. The Commission has not heard that before. Mr. Plummer: Alright, so what I was trying to say at the last meeting When i got called on the carpet for not wanting a public hearing is in relation to the statement which was made to me that we did in fact have a public hearing and that which was the direction of the Commission in which you are proffering this evening is slightly less than what was the direction of the Commission of that evening. Mr. Jennings: That's correct. Mr. Plummer: Okay. Mayor Ferre: How many people want to talk tonight? Should we continue this public hearing? It might not be a bad idea for us to continue this public hearing and hear it another time. You see, the trouble with scheduling it at 9 is that a lot of you people work and you want to be here. 4 Dr. Saul Ross: My name is Dr. Saul Ross and Tom Dixon, the President of the... Mayor Ferre: What are you speaking to, Dr.? Dr. Ross: The suggestion that we postpone it because it was our position that there are do many discrepancies in this ordinance that we recommend that the City Manager and Mr. Jennings and a representative of the Tenants Association sit down and postpone it till the next Commission meeting which is only two weeks away which will change nothing, which will not affect the date of the ordinance going into effect... Mayor Ferre: Here, Here: Don't speak anymore. You made one sale but I don't know about the others. Mr. Grassie: Mr. Mayor, I've been here as long as you have, I'd be delighted. Mayor Ferre: The Doctor has just recommended that this matter be taken back to discussion between representation of the Tenants, users and etc. with Mr. Jennings, with the City Attorney and with Mr. Grassie because since things have been changed a great deal and this is kind of like a new ballgame all over again. Mr. Grassie: We'd be happy to do that, Mr. Mayor. I should point out that what you have in front of you has been available to the President of the Tenants Union for at least 3 weeks and possibly for as long as a month. Now I understand that he is on a tour, he is on a sailing tour someplace but if you want to put this off for another time... Mayor Ferre: We have a gentleman that came to see us at noontime 1 see standing back there who also had some questions that I had never heard before and I think they've got to be answered too, 1r3 J AN 131977 Mr, 1)Iu meet Let the ask the obvious question. Mr. Grassie, as it re.ates to our budgetary problems, is the budget figured upon the irc cease or the old rate? Mr. Grassie: The budget does have a calculation for increased revenues in it. The fact is that the City Commission has been talking about this for a long time and I think the intention to raise the rates have been cleared earlier. Mayor Ferre: There are no questions about it and Mr. Grassie, let me ask you. Since the City Attorney has stated that this is so new, in effect, it has to be considered as first reading. Is that right? Mr. Grassie: We're asking you to consider it as a first reading rather than a second reading because enough things have been changed. Mayor Ferre: If that's the case, if this is considered as a first reading, then technically the second reading cannot really be until February loth. Is that right? Mr. Grassie: That's correct. Mayor Ferre: Technically. Mr. City Attorney, if this is first reading, second reading... Now between first reading and second reading you've .. got plenty of time to do all the meetings with all the tenants and all the things, right? Mr. Grassie: That's correct. Mayor Ferre: Alright, would you read the ordinance on first reading. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTIONS 50-16A, 50-39A, 50-39.1A, 50-62A, 50-93A, AND 50-94A, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AMENDING CHAPTER 50 OF SAID CODE BY ADDING SECTIONS 50-71 THROUGH 50-80 THEREIN, PROVIDING FOR DOCKAGE FEES AT CITY MARINAS. AND FOR RULES AND REGULATIONS AS TO THE USE OF UTILITIES; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND PROVIDING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. i&�l,,T!8I�',P�{!!!',61PI1!"�iIRgI1WAI�I�F R!'''V"d�IRf'!�',!�? Mayor Petrel .This public hearing is C ii'itinUt d until the see fid hearing Which will be on February 10th6 Orassie: Mr. Mayor, could I ask for one other thing. Could we ask that the tenants that are here help us so that we can deal with them in good faith. Help us by designating two, three or however many of them, four or five, so that we know who we're dealing with because we don't want to be in a position where we have not considered their Views but we have to have somebody to talk to. Mayor Ferre: I just noticed something. Today is the 13th day of the month. February loth is not 30 days. Mr. Plummer: How much longer can we procrastinate? Mayor Ferre: We're not trying to procrastinate. I guess we would have to pass it on an emergency then if we passed it on the loth. Is that right? The Charter says that an ordinance is passed and 30 days is the second hearing. If we passed it on first reading today, I would like to remind you that the 30th day is Saturday the 12th of February. Our hearing is on the loth. Mr. Plummer: I have no objections in going to the 24th as long as whatever is agreed upon is retro-active back to the first day of January. That's fair. UNIDENTIFIED SPEAKER: Mr. Mayor, I don't think that works out too well. Mr. Plummer: I realize the strategy of the Doctor and the torpedoing that's going on... Mayor Ferre: Wait a minute, Doctor, let's not get into a big debate here, we've had enough of those today. Mr. City Attorney, if we hear this on the 10th, technically we could pass it as an emergency. Is that correct? Mr. Knox: Yes, sir. Mayor Ferre: Alright. We couldn't pass it as an emergency. Mr. Plummer: Mr. Mayor, I think, as I have always been taught as long as I've served in public office, you have to justify why it's an emer- gency in case you get tested in court and for the life of me I cannot see an emergency existing here. If we procrastinate it, I think this hearing has now been going on for three years and they've been very successful and the Doctor would like to continue another three years I'm sure... Mayor Ferre: Mr. Plummer, if that is the case, then I will put it to you this way. I will continue this as a public hearing until the loth. I will call a Special Commission Meeting on Monday the 14th to pass it on second hearing. Mr. Knox: Excuse me, I think we need to clarify something. Second hearing must take place on another date. The Charter provides that second reading must take place on another date after proper advertise- ment and so on and so forth so the 30 day rule applies to the effective date of the ordinance and that's after the enactment by the Commission on second reading. 4ayor Ferre; I see, thank you for the correction. So technically, then we can hear it on the loth, 115 JAN 131977 Mr. brass ie : We will have it on the agenda for the loth yea. Mayor ?erre: in the late afternoon. Mr. crassie: Now could we at least identify somebody who is going to tell us who the Committee... Dr. Ross: We have regular representatives and we would like to meet with the City Manager... Mayor Ferre: Who are they? Dr. Ross: Tom Dixon, myself, who is a CPA and the City Manager and We would like to sit down and arrive at an equitable solution to this problem. Mayor Ferre: Is there any objection to the Committee that has been named? Are there any objectors. (INAUDIBLE) Mayor Ferre: No, this is a Committee. That does not take you out of the realms of a public hearing. We will continue the public hearing on the loth of February. (INAUDIBLE) Mayor Ferre: Commercial interests. Are the Commercial interests represented in tha' Committee? Mr. Plummer: They should be. Mayor Ferre: Well would you then contact the commercial interest and have them appoint one person to the Committee so that we don't have another reason why it has to go on for another month. Mr. Grassie: We also have two kinds of commercial interests, Mr. Mayor. We have the sailboats and we have the shrimpers. Mayor Ferre: Have them both there. UNIDENTIFIED SPEAKER: I tried to get this question in before. As long as you're going to be rehashing this thing again, this provision for the discount, the citizens of the City of Miami, how does that stack up with the Attorney General's opinion in the State of Florida that you're going to charge different rates for residents and non-residents. Mayor Ferre: Mr. has already brought up a legal question that has arisen out of that and we will have to answer that legally, obviously. It has to be legal and of course you have the right to challenge it if you feel that it is illegal. UNIDENTIFIED SPEAKER: I bring it up only as a point of information that as long as we're going to redo this thing again to address ourselves to that problem now. 76, BRIEF DISCUSSIO ITEM: MARINAS AND GOLF COURSES TO BE PUT OUT ON CONCESSION, Mr, Plummer: I would also like to bring up, Mr. Mayor, even though it was a sore subject at the time, Mr. Manager you can plead innocent on this one because you were not here. It was the Mayor who asked that consideration be given to putting the Marinas out on concession and we were supposed to get back a researched document of . a position of the management or administration as to the feasibility yes or no of that and I think that really that should be done. We also spoke to the Golf Courses so I would hope that you would follow through with that and come back with an answer. pr, Ross; Excuse me, Mr. Mayor, can I respectfully ask the Board to make sure that this meeting is held late in the afternoon or early evening? mayor Ferre: We will hold it at 6;00 on the loth. 116 JAN 131977 77: PRLPARED RESOL:O 11W: AUTHORIZE J. L. PLUMMER, , TO TRAVEL TO CALI, COLOMBIA, S,A, - SISTER CI IY PROGRAM, Mayor Ferret Alright, we still have some work to do. The following resolution was introduced by Commissioner Rebore, who its adoption: RESOLUTION NO. 77-59 A RESOLUTION AUTHORIZING COMMISSIONER J. L. PLUMMER, JR., THE CITY OF MIAMI"S OFFICIAL• REPRESENTATIVE TO THE MIAMI-CALI SISTER CITY PROGRAM TO TRAVEL TO CALI, COLOMBIA, S.A. ON MARCH 4, 1977 TO CONDUCT BUSINESS RELATING TO THE AFORESAID PROGRAM. (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 Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayon Maurice A. Ferre NOES: None. 78, PERSONAL APPEARANCE; NORA SWAN - COORDINATOR FOR CITIZENSHIP AND VOLUNTEERISM' and` Mayor Ferret Nora Swan has been patiently waiting all day to see if she can bring up her situation. Nora, we recognize you. Ms. Nora Swan: Thank you. The thing is that my position with the City, the contract, ran out on December 31st and there has been quite a bit of talk about setting up a special office for volunteerism which is the trend now to centralize volunteerism. The appointment of the coordinator of volunteerism is demonstratively more desireable in the present period of a money crunch than in any other periods. This statement is based on the current conclusions of the U.S. Conference of Mayors, Federal Legis- lation, to extend the domestic volunteer service act, statements by the program director of the National Governors Conference, Volunteer Action Program and the First National Congress on Volunteerism and Citizenship in Washington last November which I attended as a delegate. To save time, I shall not quote from these sources now. All the documentation is available to you whenever you want them. Let me, as simply as possible, summarize the rationale of the appointement of a Miami Coordinator of Volunteerism at this time of straightened finances. The City of Miami needs only to advance the money for the salary of such a coordinator. There are Federal Grants available for such a municipal program. I have been informed of this not only by Senator Pepper but by Miss Carol Burke of the U.S. Conference of Mayors. Mrs. Gordon: Mr. Mayor, do you want a motion on this? I think it is a very good idea. I think this is long overdue, I think there isn't anyone better qualified to begin this kind of program and I so move. Mayor Ferre: Mrs. Gordon moves that Nora Swan be retained by the City of Miami on a, to head up a volunteer operation at the rate of pay is what? Mrs. Gordon: It's a grant that she's going to seek for reimbursement on it but to initially fund it would be how much? Ms, Swan: Well the same as I'm getting with the schools. Now the schools will not... Because they have been getting federal grants for their program. They have a full time coordinator with a staff of 22 people because they feel that this program iS so important and then if we have such a program, we could coordinate with them but it would have to be... Mrs. Gordon: Well what is the.,, Ms. Swan: Well if it's on a 10 month basis which I do with the schoo , it+ $J4 OQ0, Mrs, Gordon; Mr. Mayor, did you get your answer? RR- . JAN 1319? Mayor Ferret Yes► t got the answer. We have a motion and if there is a second 1 Will ask Mr. Grassie what his opinion is for the record. Mr. Grassie: Mr, Mayor, I think that I have to bring one thing to your attention very clearly and I guess I am really speaking to Ms. Swan more than anyone else. I have instructed my staff to make clear to her that we are concerned with her position with the School Board. Now my understanding is that her options to return to the School Board are running out and they may run out tomorrow. Now we have told her that there is not a budgeted position with the City, that she needs to make sure that she doesn't lose her tenure with the School Board and that she should not put all of her eggs in some vague possibility that we may be able to grant funds to fond something. Mayor Ferre: Nora, I'll tell you, as your friend, I would advise you to be very, very careful about this because I would hate to find ourselves in a position where we have 500 angry people as we had today storming into this place where Senior Citizens have been laid off and Sanitation Workers and people clamoring about this, find ourselve in the position that we're unable to fund this. When you're out on a limb, you can't go back. You've got tenure now on the School Board and I'll tell you, you've been a school teacher for many years and I'd think very carefully of giving up the security of that for the relatively, you never know what's going to happen on this Commission. You never know whether Rose may want to go back to the Bronx or I may want to go back to Puerto Rico or Father may become the Bishop of Detroit or Reboso might become Ambassador. Ms. Swan: If the City would be able to even try this for a year, I could take personal leave of absence for a year and if things work out, then I could continue. I know that there would be no problem with taking the... Mayor Ferre: Would the School Board give you Leave of Absence? Ms. Swan: I'm sure that they told me that I could get a personal leave of absense for a year's time to be working on something if the City could back me up. If they can't, of course that's something else. Mayor Ferre: It's a risky business. Mr. Grassie: It is and another element of this, I think we need, because we're talking about her livelihood, I think we need to get these things clear. Another element of this whole question is that this was supposed to be a jointly funded program, 50-50 with the School Board and so far in our Staff contacts we have no indication that the School Board has any interest in funding this. Now we just need to talk about these things before her time runs out and I'm afraid that it's running out and every- body is going to be very sorry when it happens. Mayor Ferre: Well I'm going to tell you this. I think regardless of what happens here, we should definitely follow-up in John Gunders letter to me on January 7th and apply. THere are only two test site cities. Ms. Swan: I have already called yesterday... Mayor Ferre: I guarantee you there will be 150 cities applying for those two grants. Now I hope to God that the City of Miami is one of them and I think we ought to really fight for it to get the volunteers for neighborhood commercial revitalization but that is a real thin string to hang something on and... Mr. Plummer: Let's lay all the cards on top of the table. If this person is chosen for this particular job, it's going to be Mr. Grassie's choice and it doesn't necessarily mean that Nora will get the job even if it's created. Let's lay all the cards on top of the table. I'm sure Mr. Grassie is going to pick the person who he feels is best qualified for the position. All kidding aside, Nora's livelihood and supporting of her daughter and her family depends on this and I don't think it's something that should take lightly. We're going on 1, 2, 3, 4 "IFS" the way I count it. If she can get the , if they can get the grant, if she is the one chosen. I don't know what the answer is, I'll tell you that truthfully, I'm not that smart, but Mr. Mayor, everytime we come here with Nora, it's another slice of the bologna. It's 3 months or 6 months or $1,000 or $1,500. I don't think anybody, including her or Mr. Grassie or the Commission can appreciate. Either we do something or we get off. Mayor Ferre; It's 8;25 and there's a motion on the floor, Is there a second? Mr, Plummer; What is the motion? 118 JAN ii)19i Mks. GOrdon: The (notion was to arrange for her to... I don't know, ail l doing against youp Mr. Grassie? I didn't think that this kind of a thing was... Mr. Grassie: Well we have the two issues here, Commission. One is whether the City should make the grant application. Now I think there is no question that the City should make the grant application. The other question is, are you going to attempt to create a position to take care of Nora Swan and that's a different kind of an issue. All I'm saying to you is that it seems to me to be a very risky business if what is at stake is her tenure and I'm trying to make sure that you and she understand that because it seems to me that it's serious. Mrs. Gordon: Well apparently she is risking it with open eyes. Is that right? Ms. Swan:. That's right. If there was a position that was open to me, then I am perfectly willing to make the change because that's what I feel that I would like to do. Mrs. Gordon: Then the next question is, is this a good program. Is it one we should be involved in? Should we try to get that grant? I think it is. Mr. Grassie: There's another question. She said if the position is open and it seems to me that that has not been guaranteed by anyone so far and she is assumming that it is and I think that that's a very dangerous position to be in. Ms. Swan: If that's all, I would like to know because I have been... Mr. Grassie: Well I'm trying to tell you as clearly as I can and I've had my staff tell you. Ms. Swan: Well then I can assume that there is no position and that... Right now I have been on two weeks of personal leave from the School without pay because this is supposedly going to try to be worked out so I mean, of course, if it isn't that is okay. I just would like to know. Mayor Ferre: What is the will of this Commission because we've got to come... Obviously we've got the make for the... Mrs. Gordon: Well obviously we have to have Mr. Grassie say that yes, the position would be available for her if, in fact, the position becomes available by a grant otherwise... She has handed out these little pieces of paper which explain the program which is a wonderful program but I don't think she's doing it so that Joe Blow from Cocomo can come and get a job. Do you? Mayor Ferre: So where are we? Mr. Plummer: I don't think it's up to us to.. Mayor Ferre: That's the point. (INAUDIBLE) Mayor Ferre: You haven't been listening. The Manager has to make a decision and as I understand it, he can just sit there looking. That's the point so there is nothing else we can do. Mr. Grassie: Should I repeat it? Mrs. Gordon: I think if you're going to repeat, don't repeat. Ms. Swan: No, I think I got the message so there is no reason to repeat that. I mean there just is no position and there is no... Mr. Grassie: Well that's not true so I guess I better repeat. It seems to me that we have two different questions. One is the question of the program and the other is the question of Nora Swan. Now the program should be persued and may result in some kind of a position. Mayor Ferre: And if it results in a position you will consider Nora Swan once we have the position. Mr, Grassie; i3ut without a -guarantee that she is.',. 9 JAN j i 1971 Mayot 'ette: Without a guarantee so in the meantime you better go back to your 6dhodl is the way I'm hearing what you're saying. Mt. Grassie: That's what I'm trying to say. Don't give up, continue. Ms. Swan: That's what I hear so there's no... Mr. Grassie: If we have something, it might work out just the way you Want but don't give up your tenure because I don't want to be in the position a Month froth now where you're out and it's our fault. Mayor Ferre: I'm sorry, Nora. Ms. Swan: Well in the meantime I just want to thank all of you for giving tine the opportunity of working on the Bicentennial and other committees. Mayor Ferre: I think we ought to pass a resolution of recognition... Mrs. Gordon: You're still on a committee with regard to art for public building. You're the chairman. Ms. Swan: Right and the International Folk Festival. Mayor Ferre: Well I think we ought to have some kind of an official recognition for the Chairman of our Bicentennial Committee and the whole committee. Why don't you move that. Mrs. Gordon: I would certainly move that, that's the least that we could do but I would like us to prepare something and present it to her at our next meeting. Also I would like us to Pursue this grant and if it comes through, she can always then take her leave. Mayor Ferre: Seconded by Father Gibson. Further discussion. Call the roll. (The preceeding i^otion was passed and adopted by a unanimous vote). 79, URGE METRO TO EARMARK FUNDS FOR DOWNTOWN PEOPLE MOVER SYSTEM' Mayor Ferre: Ladies and gentlemen, we have a resolution sent to us by the Downtown Development Authority and I'll read it and I think we ought to pass this resolution on to Metro. Mr. Plummer, "A resolution reconfirming the support of the Downtown Development Authority for the development of the Downtown People Mover System, calling on the City of Miami and Metropolitan Dade County in the State to contribute to continue to earmark the level of funding under the Urban Mass Transportation Administration, Program requesting the Commission of Metropolitan Dade County to spend funds as authorized under the estimated $600,000 Rapid Transit for the development of the DPN System." Mr. Plummer: Mr. Mayor, that resolution is really not needed. The County does not have that leeway as we were explained to at the Dade League the other night. Mayor Ferre: I'm sorry to disagree with you. As of yesterday, in discussion with Dr. John Dyer in reference to paragraph 2 of page 2 of Mr. Patricelli's letter to Mayor Steve Clark where that paragraph specifically states that the County has the discretion to earmark a proportionate amount for the DPN if it so desires and I think that we ought to go on record just like Hialeah is going on record defending their that.we ought to try and defend ours. Mrs. Gordon: I didn't get a copy of what you read from. Mayor Ferre; It's very simple. Do you want to move it? 120 JAN 13197 7 MWL The fO1lov ing MO ibf Was i ttioduded by Commissioner Reboso, who moved its ado itib i MOTION NO, 77-60 A MOTION TO THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN tAbE COUNTY EXPRESSING THE WISH OF THE CITY COMMISSION THAT PURSUANT TO MR. PATRICELLI'S LETTER TO MAYOR STEVE CLARK DATED DECEMBER 28, 1976, PAGE 2, PARAGRAPH 2, THAT THE CITY REQUEST THAT METROPOLITAN DADE COUNTY EAR ARK MONIES TO PROCEED WITH THE DOWNTOWN PEOPLE MOVER SYSTEM IN THE CITY OF MIAMI. Upon being seconded by Commissioner Gibson, the motion was passed And Adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre t OMs: None. Mrs Gordon: Mr. Manager, I would respectfully please not to schedule anything on the 27th that would keep us here after 5:00 because I must be at a function that evening and I will leave here at 5:00. I don't like missing items, I like to be present. 80. BRIEF DISCUSSION ITEM: PUBLIC WORKS GRANTS TO CITIES, Mayor'Ferret Alright, we have a letter from the Council of National Priorities of Resources and the Conference of Mayors and the League of Cities with regards to the City of Miami and other cities being bypassed in the public works grant. Would you believe that one of the reasons we were bypassed was because somebody up in Washington thought that we were covered by Metro. They didn't know the difference between the City of Miami. Mr. Manager, is there anything that this Commission can do or is there anything... I've sent telegrams. Do we need any resolutions? Is there anything that we can do to get this thing back on again? Mr. Grassie: Are you speaking of consideration for this City on the Public Works grant? e Mayor Ferre: Yes. Mr. Grassie: I think that we are doing everything that we can do short of a personal appearance by you with some of the officials in Washington, Mr. Mayor. We're doing quite a bit. Mayor Ferre: As it happens, at least two of us, and I don't know whether three or maybe four might be in Washington on the 19th. Perhaps we should request an appointment with the Secretary designate. There is no use talking to the existing Secretary. Mr. Grassie: Why don't we check with our staff that represents the City in Washington and possibly we could get an, answer for you on that. 81, REMODELING OF OFFICES - SPACE IN CITY HALL, Mayor Ferre; Now Rose, I hate to have to bring this thing up but you and I are having a little discussion. Mr, Plummer, Mr. Reboso and this is the last thing that I want to bring up, I want to be as generous and as nice and as friendly as I can with my neighbor upstairs but I don't want any holes made in the walls for windows, doors, openings or anything else. I'd be happy to see one of those desks out there as is and you take it or leave it but I want to go on the record, Mrs, Gordon: Mr. Mayor, I would like to ask you, when did you or anyone else here ever bring to this Commission table the designs of your office,., 121 JAN 131911. etre! oh, it Was brought up for approval because. Mr?. Gordon: Never. Your design was your design. Mayor Ferre t No team. Mrs, Gordon: Yes sir. And Commissioner plummer's Commissioner Gibson... Mayor Ferre: That may.. Mrs. Gordon: Wait a minute! Let me finish. All of you did as you damp pleased in your office and I'm going to do as I please in mine. Mayor Ferre: But you're knocking a hole in that office... Mrs. Gordon: In my wall and if it happens to extend into yours, that's too damn bad. Mayor Ferre: Alright Mrs. Gordon, I withdraw my offer and that desk is going to be needed by personnel in my office. Mrs. Gordon: I don't care if it's needed or not. My Secretary will be out in the lobby right out here. Mayor Ferre: Well you do what you want. Mrs. Gordon: And we shall have an intercom to communicate but we're going to have a window because I'm not going to be locked away from the public whether you like it or not. Mayor Ferre: You do whatever you want. Mrs. Gordon: I will. Mayor Ferre: That space is part of the Mayor's Office... Mrs. Gordon: It is not. You show me a rule or a law that says so. Mayor Ferre: Well we will pass a resolution on this Commission and I pass the gavel to Father Gibson and so move. Mrs. Gordon: Okay, I want a breakdown of every dollar that you, you, you and you have spent of the taxpayers money rennovating your damn offices. I'm sorry. I didn't want to make an issue of this but I'll tell you, not going to stand on Rose in posing her will in knocking down walls I stand on my motion. As far as I am concerned... Mayor Ferre: I'm certainly for space and (INAUDIBLE) Mayor Ferre: Rose, that space is part of the Mayor's official Office and as far... (INAUDIBLE) Mayor Ferre: And Nora Swan and Jerry, as you well know, were doing half of the time, Jerry was working on the affairs of the Mayor's Office... (INAUDIBLE) Mayor Ferre: I need the space, (INAUDIBLE) Mayor Ferre: Well look, that's something, can do whatever it wishes and that's fine, (INAUDIBLE) Mr, Plummer: Let me ask the obvious Rose needs more space. Now if there Grassie, is it possible that you can (INAUDIBLE) as far as I'm concerned, the Commission question, It seems like here is the problem. is no more space available upstairs, then Mr. find Rose,,, JAN 131911 titteett oh) 1 quit, t. Grassie: The ahswer would tad beep 'ryes" (NtAUDIBE) Rev. Gibson: Welt let me put my little bit ih and I hop this is hot Misunderstood. When we agreed to.put the offices downstairs, before you came; Mt. Grassie, I was willing then and still am now to appoint a committee and make the necessary arrange- ments for offices. As a matter of fact, for your information, Rose, on the record, I had nothing to do with the planning of the present office that I now occupy. All I did was to move in. I was told that office was available and they were going to cut the door one way over against the other and N1 told them meI didn't bet care. ViEvenor, n when they cut the door, I was going in anyway. Y like all the others, I took the position I didn't want to move. I said I would be Vice -Mayor whether I was upstairs or downstairs. I want toput itaon n theee recordg1 suggested to us that a professional committee should be appointedrifference. ra- ments for offices for the Commissioners, not the Mayor, so it won't make any The point was, and I ennunciated this, that all the offices would drbe alike e, wouldu look look alike as far as humanly possible and it wonontthmake board. was nobody that Well you know, I'm not always the smartest guy ThereRose add listened to me and I was glad they didn't so that's what gavetheyyme, as the and that's what I enjoy and note, I didn't see no magic in goingupstairsnt to Mayor. I had as much magic being cost forht thehere I officeam as I havehethatewasddevelopedI just aby the make sure. Now whatever the staff. I just want to make sure everybody understands. Mr. Plummer: Guess who developed the cost for the office where I am. Rose. I developed the cost for where you are, remember sweetheart, when the offices were being built. (INAUDIBLE) Mr. Plummer: Yes, I took one wail out. I didn't add. (INAUDIBLE) Mr. Plummer: Who ordered the garden lookout door? That was'ordered before t there. (INAUDIBLE) Mr. Plummer: I'm not arguing the point. -,(INAUDIBLE CONVERSATION) Mr. Plummer: When we looked into it before, it was said that the roof would not substantiate any building on the top. Mr. Grassie: I understanding that there is... Mr. Plummer: I'm only telling you what they told me. The Mayor has 14,000 tons of flowers on top of my head and they're telling me the roof won't hold anything. (INAUDIBLE CONVERSATION) Mayor Ferre: Yes, I understand exactly what you're talking about. (INAUDIBLE) Mayor Ferre; Because Rose, that... (INAUDIBLE) Mayor Ferre: Rose, 9 years ago there was a glass door that was always closed and my seat happened to be right behind that. There was three Commissioners in the one office where you sit and I was one of them, (INAUOiP) • JAN 131971 123 7 s ens NSF r `etY e : l ti llct & Mtiin against that, My problem is one of space o'anstiaint0 = . ttNMibIB) Mayor t'erre : Yes it does. T'he moment you open that door up thus • • (INAUDIBLE) Mayor Ferre: Rose, i told my people up there:.. (INAUDIBLE) Mayor Ferre: To the person, everyone of those people up there objected strongly to that door being opened up there and the Whole traffic and the pattern that revolves through there. (INAUDIBLE) Mr. Plummer: Let me bring it to a head. I make a motion that the City Manager be instructed to look into the matter knowing the full physical aspects of this building and that nothing be done until he reports back to this Commission on the 27th of January because we're going to sit here and argue all night. Let's do something. Mayor Ferre: Alright, I accept that. Is there a second to that motion? I withdraw mine. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 77-61 A MOTION INSTRUCTING THE CITY MANAGER TO EXAMINE THE PHYSICAL ASPECTS OF THE CITY HALL BUILDING AS IT RELATES TO FUTURE REMODELING OR ADDITIONS AND THAT NO ALTERATIONS BE DONE PENDING HIS REPORT. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - Commissioner Manolo Reboso AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. ADJOURNMENT: (There being no further business to come before the City Commission at this time, the meeting was adjourned at 8:45 P.M.). ATTEST; RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk MAURICE A. FERRE MAYOR rie JAN 131977 C1rY OF MIAMI DOCUMENT E MEETING DATE: January 13, 1977 ITEM N0. DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 10 11 12 13 COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A SINGLE FAMILY RESIDENCE LOCATED AT 136 SOUTHWEST 9TH AVENUE AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION A TWO-STORY COMMERCIAL BUILDING AND LAND LOCATED AT 183-185 N.E. 80TH TERRACE AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE LEASE OF SPACE IDENTIFIED AS SUITES 701 THROUGH 708 AND THROUGH 1016, IN THE OLYMPIA BUILDING APPROVING THE EMPLOYMENT BY THE BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES' RETIRE- MENT SYSTEM OF THE ROYAL TRUST BANK OF MIAMI ORDERING SILBER BLUFF SANITARY SEWER IMPROVE- MENT SR-5414 S ORDERING SILVER BLUFF SANITARY SEWER IMPROVE- MENT SR-5414 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF GARDEN SANITARY SEWER IMPROVEMENT SR-5385 C AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF GARDEN HIGHWAY IMPROVEMENT H-4374 BID "C" ACCEPTING THE COMPLETED WORK PERFORMED BY LOWELL DUNN COMPANY AT A TOTAL COST OF $178,366.37 ACCEPTING THE COMPLETED CONSTRUCTION OF METRO CONTRACTORS CO., INC. FOR THE N.E. 83 STREET PAVING PROJECT AT A TOTAL COST OF $8,896.36 ACCEPTING THE PLAT ENTITLED PERCIVAL GARDENS A SUBDIVISION IN THE CITY OF MIAMI, ACCEPTING THE PLAT ENTITLED TAVILLA REALTY ASSOCIATES SUBDIVISION. R-77-5 R-77-6 R-77-7 R-77-11 R-77-12 R-77-13 R-77-14 R-77-15 R-77-16 R-77-17 R-77-18 R-77-19 0082 77-5 77-6 77-7 77-11 77-12 77-13 DOCUMENTI ND cinNO. DOCUMENT IDENTIFICATION 14 15 16 17 18 19 20 21 22 23 24 25 26 APPOINTING MARISA SCHERZER TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD AS THE REPLACEMENT FOR YVONNE-SANTA MARIA WHO HAS BEEN CHOSEN TO SERVE AS THE AFFIRMATIVE ACTION OFFICER FOR THE CITY OF MIAMI, UNDER ORDINANCE NO. 8519 ACCEPTING THE CITY CLERK'S CERTIFIED RESULTS OF THE ELECTION CALLED FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE RETIREMENT BOARD OF THE BY THOSECITY GEMPLOYEESL PWOHOEES' RETIRE - ARE MEMBERS MENT OF THE SAID PLAN APPROVING, RATIFYING AND CONFIRMING THE CITY MANAGER'S EMERGENCY AUTHORIZATION OF THE ISSUANCE OF A PURCHASE ORDER FROM THE AVAILA- BLE FUNDS OF THE DEPARTMENT OF MANAGEMENT SERVICES, DIV56IONERFACOMPUTER SYSTEMS IN THE AMOUNT OF $2, CHANGING THE R977LAR CITY COMMISSION MEETING OF MARCH 10, 7 CHANGING THE REGULAR CITY COMMISSION MEETING OF MARCH 24, 1977 TO MARCH 31, 1977 APPOINTING MR. LEWIS A. FRASER, MR. KENNETH FIMIAMI COMMITTEER. .W. ON ECOLOGYYTO THE CITY AND BEAUTIFICA OF MIAMI 'PION APPOINTING MRS. D RGgOBTA LO ANDMR.LUIS DAHLGREN, MRS. NOELI GONZALEZ, CITY OF O TO SERVE AS ERNATIONAL FOLK RS OF FESTIVAL THE FESTIVAL MIAMI INTERNATIONAL COMMITTEE MIAMI AUTHORIZING TWITHITY URBANNAGER LEAGUEO FNGREATER INTO AN AGREEMENT MIAMI, INC. AUT1i0RIZINTWITIiE CITY UNITEDMANAGER CEREBRALNPALSYINTO AN AGREEMENTINC. ASSOCIATION OF MIAMI, T AGREEMINTNWITHETHETBELAFONTE TACOLCYDCENTER AGREEMENT AEIING aITHTHE THETCHRISTIAN COMMUNITTYY MANAGER TO ASER- VICE VGRECEEMN AGENCY, INC. AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE COCONUT GROVE FAMILY CLINIC AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE LATIN CHAMBER OF COMMERCE OF U.S.A. CNmISSION_ FITirn EVA1. E NO. 11 77-20 R-77-21 R-77-22 R-77-23 R-77-24 R-77-25 R-77-26 R-77-27 R-77-28 R-77-29 R-77-30 R-77-31 R-77-32 77-20 77-21 77-22 77-23 77-24 77-25 77-26 77-27 77-28 77-29 77-30 77-31 77-32 DOCUMENTI N DEx C � TIN 9A NO. 27 28 29 0 31 32 33 34 35 3 3i 38 39 DOCUMENT IDENTIFICATION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE PUERTO RICAN OPPORTUNITY CENTER AUTHORIZING THE CITY MANAGER, TO AMEND AN AGREEMENT WITH SABER, INC. AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH UNITED FAMILY AND CHILDREN'S RERVICES, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DADE COUNTY NATIONAL FOUNDATION MARCH OF DIMES. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BEULAH JONES, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $5,000.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR ALLEDGED PERSONAL INJURIES AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $740.45 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS ANTONIO ALEJANDRO GARCIA. APPROVING AND RATIFYING THE ISSUANCE OF A PERMIT TO BOY SCOUT TROUP 40 FOR AMUSEMENT RIDES AT DIXIE PARK, IN CONJUNCTION WITH ITS CARNIVAL HELD ON DECEMBER 22, 1976 APPROVING AND RATIFYING THE ISSUANCE OF A PERMIT TO CHURCH OF THE OPEN DOOR FOR AMUSE- MENT RIDES AT BISCAYNE PLAZA. AUTHORIZING THE ISSUANCE OF A PERMIT TO BOY SCOUT TROOP $40, B.S. OR A., ST. JOHN BAPTIS CHURCH, FOR AMUSEMENT RIDES IN CONNNECTION WITH ITS CARNIVAL TO BE HELD JANUARY 18 THRU JANUARY 23, 1977 AUTIORIZING THE ISSUANCE OF A PERMIT TO CENTRO MATER FOR AMUSEMENT RIDES IN CONNEC- TION WITH ITS CARNIVAL TO BE HELD MARCH 5, 6, 1977 GRANTING A WAIVER OF RENTAL FEES FOR THE USE OF BAYFRONT PARK AUDITORIUM ON JANUARY 19, 1977 & APRIL 20, 1977 ACCEPTING THE BID FROM S. PONCE FOR FURNISH- ING CEMENT BOLLARDS, DRINKING FOUNTAINS, SEATS AND TELEPHONE STANDS FOR BAYFRONT PARK FOR THE DEPARTMENT OF PARKS AND RECREA- TION AT A TOTAL COST OF $17,025 ACCEPTING THE BID FROM MASSEY FERGUSON, INC. FOR FURNISHING A BACKHOE ON A RENTAL BASIS FOR 8 MONTHS FOR THE DEPARTMENT OF PARKS AND RICREATION AT A TOTAL COST OF $7,160 N TION R-77-33 R-77-34 R-77-35 R-77-36 R-77-37 R-77-38 R-77-39 R-77-40 R-77-41 R-77-42 R-77-43 R-77-44 R-77-45 CODE NO. 77-33 77-34 77-35 77-36 77-37 77-38 77-39 77-40 77-41 77-42 77-43 77-44 77-45 DOCUMENTINDEX' 9 m NO. DOCUMENT IDENTIFICATION 40 ACCEPTING THE BID OF WILLIAMS PAVING CO., INC IN THE PROPOSED AMOUNT OF $28,435 FOR HENDERSON PARK-LAYKOLD TENNIS COURTS-1976. ACCEPTING THE BID OF HARTMAN PERSONNEL ENTER, PRISES, INC. ACCEPTING THE BID OF SQUIRES CONSTRUCTION INC. REJECTING EACH OF THE TWO DECEMBER 2, 1976 BIDS RECEIVED FROME MIAMIWO 2FIRESOURCES DEPAROF TMENTSUPPLY FOR FURNISHING TH WITH BREATHING APPRATUS. 44 AUTHORIZING THE BEOWEENUFDORIDAIANDIOAK OF MATILDA STREET AVENUES. REQUESTING THAT TfICITY THECOMMISSION REFULAR COMMDSTWO PUBLIC HEARINGS DURING1977 AND SION MEETINGS OF FEBRUARY 10, FEBRUARY 24, 1977 REQUIRED BY THE HOUSING AND COMMUNITY DVELOPMENT ACT OF 1974 AUTHORIZING THE CITY MANAGER TO SUBMITTO TE AOUNG BID IN THE AMOUNT OF $1,000,000 WOMEN'S CHRISTIAOUAASSOCIATION OF GREATER MIAMI AND DADE NC. AUTHORIZING THE EEECITYON OF AN OF MIAMIAWITHMTHE OF COOPERATION BY Tf GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES. AUTHORIZING COMMISSIONER J.L. PLUMMER, JR. THE CITY OF A'lIALI,SISTER CITYS OFFICIAL RPROGRAM TOIVE TO THE MIAMI CA TRAVEL TO CALI, COLUMBIA. D -�i R-77-46 77-46 77-47 R-77-48 77-48 R-77-49 77-49 R-77-50 77-50 R-77-47 R-77-51 R-77-53 R-77-54 R-77-59 77-51 77-53 77-54 77-59