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CC 1977-05-12 Minutes
s OF MEETING HELD ON May 12, 1977 PREPARED BY THE OFFICE OF THE CITY CLERK cATY HALL RALPH 6, ONGIE CITY CLERK INDEX C11YtNUTES ISIaJ�OFih IMOLTING Mii, FI.ORi114 31 NO, 1. 2. SUBJECT MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -DISCUSSION ADOPTION WITH MODIFICATION: DISCUSSION REGARDING ROCK CONCERTS IN KENNEDY PARK: 3. PERSONAL APPEARANCE OF MR. HERB HILLER REGARDING BAHAMIAN-AMERICAN GOOMBAY FESTIVAL TO BE HELD IN COCONUT GROVE: 4 DISCUSSION OF THE SANITATION EMPLOYEES UNION AS A BARGAINING UNIT: 5. PERSONAL APPEARANCE OF JESSE MC CREARY REGARDING RECENT PROMOTIONS IN THE POLICE DEPARTMENT: 6. REPORT BY ATTORNEY GUY BAILEY ON BALL POINT LITIGATION: 7. REVIEW OF THE PEAT MARWICK MITCHELL AND COMPANY AUDIT: 8. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS: 9. RE:ENCUENTRO CUBANO ASSOCIATE DEAN OF ARCHICECTURE AND _ PLANNING OF UNIVERSITY OF MIAMI -REQ. FUNDING: 10. PERSONAL APPEARANCE OF MR. JOHN ELDRED OF THE U.S. IMMIGRATION SERVICE REGARDING POSSIBLE USE OF MUNICIAPL JUSTICE BUILDING: 11. ACCEPT COMPLETED WORK -GARDEN SANITARY SEWER IMPROVEMENT SR-5385-S, INTERCOUNTY CONSTRUCTION CORP: . AMEND THE HOURS OF SALE OF ALCOHOLIC BEVERAGES - N.C.O.P - C.0 P 13. AMEND 8646 LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND: 14. ACCEPT PLAT LONGVIEW: 15. ACCEPT BID FOR LEGION MEMORIAL PARK BOAT RAMP AND PARKING BY WEBB GENERAL CONTRACTINd, INC. 16. AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH MARTIN RABIN AND HENRY GRADY III FOR MARINA DEVELOPMENT. 17. PERSONAL APPEARANCE OF MR. DAVID BALRIN CONCERNING VELODROME: 18. AUTHORIZE CITY MANAGER TO NEGOTIATE WITH MARINE STADIUM ENTERPRISES FOR FOOD CONCESSION AT THE MIAMI MARINE STADIUM: 19. DISCUSSION OF PUBLIC ►:IORKS PROJECTS FOR GRANT APPLICATIONS: 20 WELCOME LT. COL. M. SANTOS OF THE URUGUAYAN EMBASSY TO MIAMI: 21. STATUS REPORT ON THE MUNICIPAL JUSTICE BUILDING: 22. CEPT COMPLETED CONSTRUCTION BY D.M.P. CORP. FOR S.W. 22ND STREET HIGHWAY IMPROVEMENT - PHASE II 0-4395: ORDINANCE OR RESOLUTION NO. M-77-398 M-77-399 M-77-400 'M-77-401 -M-77-401 R-77-402 M-77-403 M-77-404 (1st reading) R-77-405 R-77-406 R-77-407 R-77-408 lI-77-409 PAGE NO, 1 - 10 10 - 15 15 - 18 18-24 24 - 43 44 - 45 4 6 50 50-51 51-52 52 - 53 I 53 - 62 63 - 68 68 - 75 75 - 76 76 - 79 80-88� 88 - 90 90 - 92 93 93 - 98 1.-77-410 ,99 tun -Ex "M1NL TES CF SPECIAL TEING CITY CCOUSSICJ GF MIAMI, FLORID ttiU1 SUBJECT 23.AMEND SEC. 39-24 OF CODE RELATING TO PARKING FEES ON CITY OWNED PARKING LOTS DURING EVENTS HELD AT MIAMI ORANGE BOWL STADIUM: 24. AMEND RETIREMENT PLAN 5624 PROVIDING THAT EMPLOYEE WHO HAS REJOINED CITY'S WORK FORCE MAY REDEPOSIT CON- TRIBUTIONS BY FILING WITH THE BOARD WITHIN 30 DAYS AN ELECTION TO PAY BACK OR REDEPOSIT: 25. AMEND RETIREMENT SYSTEM (2230) PAY BACK SERVICE TO A MAXIMUM OF FOUR YEARS: 26 . IIMPOSING A SERVICE CHARGE UPON DRAWER OF LAST ENDORSER OF ANY CHECK DRAFT OR ORDER HELD BY CITY WHERE PAYMENT HAS BEEN REFUSED BY DRAWEE: OR.DI NANCE o RESOLUTION N0 8648 8649 (1st reading) 8650 27, AMEND RULE VIII,SEC.9 AND RULE XIII, SEC. 2 CIVIL SERVICE RULES AND REGULATIONS (6945) EMPLOYEES IN INTER. FIRE FIGHTERS BARGAINING UNIT MAY BE ASSIGNED WORK OUT OF CLASSIFICATION: MAY BE GRANTED TIME OFF WITH PAY UNDER PROV. OF CURRENT LABOR AGREEMENT: 8651 28. AMEND 8305 SEC. 1 BY REDUCING CERTAIN APPROPRIATIONS TO $23,791.96 AND REAPPROPRIATING SAID FUNDS TO THE POLICE BUDGET: 29. TEND 8589 SEC. 1 TO PROVIDE FOR POLICE PHYSICAL EX- AMINATIONS: 30. ND SEC. 64-4 OF CODE, ENVIRONMENTAL PRESERVATION REVIEW BOARD, CHANGING THE NUMBER OF VOTES REQUIRED TO APPROVE AN APPLICATION OR REVERSE A DECISION OF THE ADMINISTRATIVE ASSISTANT: 31. AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT WITH THE GROVE GROUP, ADJUSTING PROFESSION AL SERVICE FEES AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH UNIVERSITY OF MIAMI & THE PUBLIC HEALTH TRUST OF DAD COUNTY EMERGENCY MEDICAL SERVICE BY RESCUE DIVISION OF CITY OF MIAMI FIRE DEPARTMENT: 1 UTHORIZE CITY MANAGER TO EXECUTE AN INDEMNITY AGREEMENT WITH U.S. GOVERNMENT LEAA, NATIONAL INSTITUTE OF i LAW ENFORCEMENT & CRIMINAL JUSTICE & AEROSPACE CORP. FOR USE OF BODY ARMOR VESTS BY POLICE DEPT. r UTHORIZE CIYT MANAGER TO ENTER INTO AN AGREEMENT WITH i GERALD ZELL: 7 ACCEPT COMP. WORK- DELAWARE STORM SEWER PROJECT 1976 - BY FLORIDA ECOLOGICAL CORPORATION: s 36, CCEPT, COMP. WORK -NORTHERN DRAINAGE PROJ E-36; 37. ACCEPT, COMP. WORK -WAINWRIGHT PARK DEVELOPMENT; 38. ACCEPT PLAT - YVETTE SUBDIVISION; 39. CCEPT PLAT -AMENDED PLAT OF YANIRA SUBDIVISION; Fk. 40, TIFY AND CONFIRM ACTION OF THE CITY MANAGER IN APPROVING EMERGENCY PURCHASE OF PRINTING FINANCIAL PROSPECTUS AS PART OF ;IS MILLION BOND SALE 1 1 j r 8652 8653 (1st reading) R-77-411 R-77-412 R-77-413 R-77-414 R-77-415 R-77-416 R-77-417 R-77-418 R-77-419 R._77_4<0 PAGE NO, 99 - 100 100 101 102 102 - 103 103 - 104 104 - 105 105 106 106 107 108 108 - 10 ',109 1109 1110 I _ 1110 Al NO. it4EX' • IliftrItSCP:SPECIAL tSrING_ CITY CVIMISSION OF MIAMI, FLOR 41, CLAIM SETTLEMENT - MARTA C. ALONSO 42, CLAIM SETTLEMENT - CLIFFORD MONROE: 41, CITY COMMISSION GO ON RECORD AS OPPOSING HR 10210 to/HEREBY MUNICIPALITIES ARE MANDATED TO Minn tINEmPLoymENT INSURANCE: R-77-423 113 - 112 44. ENCOURAGE SUPPORT FOR THE CHILD ABUSE TREATMENT PRoJECT! R-77-424 114 45. BID ACCEPTANCE -LITTLE RIVER COMMUNITY DEV. PAVING PROJ. B-4411 : R-77-425 114 BID ACCEPTANCE -ALLIED CHLORINE AND CHEMICAL CO AND CLARKE CHEMICAL CORP. FOR FURNISHING POOL SUPPLIES: R-77-426 115 f9g2n N6_0. PAGE NO. R-77-421 1111 . 1121 R-77-422 113 BID ACCEPTANCE - AUTOMATIC COLOR PHOTOGRAPHIC LABORATORY FOR POLICE DEPT.: R-77-427 115 48. CHANGE NAME OF BICENTENNIAL PARK TO NEW WORLD CENTER BICENTENNIAL PARK: R-77-428 1116 49. CHANGE NAME OF BAYFRONT PARK TO BAYFRONT PARK OF THE AMERICAS: R-77-429 116 50. THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, WITH CERTAIN MODIFICATIONS: R-77-430 117 51. ICONTINUED DISCUSSION OF THE RECOGNITION OF THE SANITATION EMPLOYEES ASSOCIATION AS A BARGAINING UNIT: 118 - 120 MINUttS OF REGULAR MEETING OF T�iE CITY COMMISSION OF MIAMI, FLORIDA * * * * Oil the l2th day of May, 1977 , the City Commission of Miami, Fi.orida met at its regular meeting place in the City Hall, 3500 Fail American Drive, Miami, Florida in regular session. The meeting was called to order at 9:23 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the commission found to be present; ALSO PRESENT: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre Absent: Vices -Mayor Gibson. Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Matty Hirai, Assistant City Clerk An invocation was delivered by Mr:. Plummer, present in a pledge of allegiance to the flag. who then led those A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -DISCUSSION --ADOPTION WITH MODIFICATIONS: Mayor ?erre: We will take up item A, which discussion in reference to the adoption of the Miami Comprehensive Neighborhood Plan. The Commission heard this previously. I was unfortunately unable to be at that Wednesday afternoon meeting, and therefore did not participate in that discussion. I have read the Minutes since, and I think we have some people who want to comment this morning. Mr. Plummer: Let me ask just for the record Mr. Mayor. This is on as an item for the Committee of the Whole. Some of the people asked me, Mr. Grassie, it is obvious it is not up for any action today. Is that correct? Mr. Grassie: That is correct Commissioner, although what we would normally do, is if you come to some kind of consensus we would bring it back later as formalization of whatever action you determine. Mayor Ferre: Ladies and gentlemen, let me make sure that we all understand that. This is not, this morning a public hering as such. It is a Committee of the Whole, therefore technically the Commission has the right to listen to the presentation and talk amongst ourselves. However my attitude in these things has always been that whenever there are people who wish to be heard, even in the Committee of the Whole, I certainly would extend that courtesy to you provided however that it doesn't in, and of, and by itself, cut off somebody else's rights since there are other items this morning. So if we put the kind of limitations on it, I think we can accomodate everybody. How many people would like to be heard on the Miami Comprehensive Neighborhood Plan this morning, that have not been heard? There is no use corning here and repeating what you have said before. So those of you that wish to be heard this morning, would you raise your hands? Six? Mrs, Gordon; May I ask a question Mr, Mayor? Perhaps sir. Grassie would like to answer it. If this is not a publia hearing, as I know it isn't, it is a workshop Committee of the Whole, when is the public hearing going to be? sir, Grassie; You know we have had a public hearing already,T_ guess the Question is whether or not you would want to have another one, 1 RA 11V 4 nr� Mrs, Gordon: Exactly. Aftet the completion. This is the discussion that leads to the cotp1etion, Mayor Vette: I think the way to do that structurally, simply is, that we donut have anything to vote on this morning. So when we get to the voting of this, I think we would do it, it is such an important document, that I think that at all times, there should be a public hearing. So what I am saying is this. When you put it on for first reading, we will declare that as a public hearing, and when you put it on for second hearing we will declare that as a public hearing. So we don't have any techinical problems. Mr, Grassie: Possibly we could ask the Planning Director to suggest a schedule and indicate what we have done on this, and also suggest a schedule to you, Mrs, Gordon: Fine. Mayor Ferre: Mr, Fosmoen? Mr. Fosmoen: Yes. My impression was that this was carried over since you wern't able to be at the last meeting. Mayor Ferre: No, no. You had a public hearing. Mr. Fosmoen: We have had public hearings. Mayor Ferre: The public was duly notified. Technically that public hearing is finish The fact that I was not present, as was pointed out has nothing to do, (I was not present because of personal problems, not because of the City of Miami) , therefore there is no reason why it should have been held up. I think that was the correct decision to make. Mr. Fosmoen: The Commission was looking last week at adoption, at the last meeting. There is a resolution contained in your packet, for adoption, by resolution, not by ordinance. Mayor Ferre:---on first reading. Mr. Fosmoen:--by resolution, not by ordinance. Mayor Ferre: Eventually this must become an ordinance. Mr. Fosmoen: No,sir. Mayor Ferre:It doesn't become an ordinance. Mr. Fosmoen: You are adopting by resolution. Mayor Ferre: I recommend that perhaps, so nobody can come back later on with any problems, is that you put it on the agenda for the next meeting on a scheduled basis, as a resolution as final public hearing. Unless you have an objection. Mr. Grassie: No, we don't have any objections, Mr. Mayor, but when you use the word public hearing, I think possibly what you are indicating is that the public would be invited to address the question, not that we go through the whole publication of notice. Mayor Ferre: You have already done that, Mr, Grassie: Okay, so we understand. Mrs, Gordon: Also, on the Planning Board level where correct? Mr. Grassie: That is correct. Mayor Ferre; We have been at this thing for months, if not years, I think we have given all opportunity to be aired, It does not mean we will not listen to you this morning. Mr, 'asPnoen; I am not certain at this point, unless the resolution is in your packet and I guess it was our expectation that you would this afternoon adopt f those resolutions. If there ate changes that need to be made froth the testimony or comments that are given this morning, We could easily make those changes for your resolution package this afternoon, Mayor Ferre: I will do whatever the majority of the Commission wants to do, If we have no substantial changes, I have no objections to voting on it this afternoon, If there are substantial changes, I think we ought to give it room to breathe a little bit before we vote on it, Mr. Fosmoen: Let me have Mr. McManus make a brief presentation to you so there is time for people in the audience who may wish to comment. Mr. McManus: Mr. Mayor and members of the Commission, the Miami Comprehensive Neighborhood Plan has been prepared jointly by consultants in the City of Miami Planning Department, satisfies all the requirements of the State of Florida's local government Comprehensive Planning Act, except for a capital improvement program. This plan has received review and comment from State regional and county agencies. I don't want to elaborate further on that, except to mention furtherance of the Mayor's remark,that the Commission started this entire process as early as 1973 with the intiial funding. Specifically from your meeting of April 27, at the direction of the Commission, the Department was to meet with Florida Power and Light Company and to resolve certain differences. That has been done, revised language that is acceptable to both to the Department and to Florida Power & Light Company has been included as a part of your agenda package. In addition to that, we have offered a substitute 3rd page of exhibit A of the Commission's resolution, again incorporating that language. That language removes criteria for a location of sub- stations and also make future facilities to be built by Florida Power and Light consistent with the Plan. Secondly at the direction of the Commission, we have contacted Southern Bell Telephone Company. There is a letter included in your packet from Mr. Priester, Chief Engineer of Southern Bell Telephone Company, stating that the Company has reviewed the plan and finds no objections. Lastly, again following from your meeting of April 27, Mr. Plummer: Mr. McManus, excue me. You have done everything the Commission asked. The only question that I raise at this point, even though they are the two major utilities, I am going to assume unless you tell me to the contrary, that the other utilities have had the same opportunity, such as water and sewers, the gas company, and people such as that, to provide the utilities that they have in fact looked at this and offered the same remarks. Mr. McManus: That is correct. The Water and Sewer Authority were part of the techincal committee that specifically reviewed the plan. Mr. Plummer: The gas companies have been made aware of what this plan contains. Mr. McManus: I can't answer that specifically Commissioner. Mr. Plummer: Let me ask the obvious question. Don't you feel they should have been afforded the opportunity? I am just asking this so that later on, Mr. Grassie: I think the distinction, Commissioner is, that the gas company by and large uses of course, the right-of-way underground, if at all. Whereas, the other two utilities you were concerned with, the telephone company and the power company, in fact use the right-of-way above ground on occasion and it is because of that that they are concerned about the plan. That is, their ability to make special use of easements and rights -of -ways above ground. Mr. Plummer: So I understand you to say, that you don't feel that it is as important for the gas company as it was for the others. Mr. Grassie: No, nor would it be for the water and sewer. Mr, Plummer: Okay. I just think we have to make the record clear. Mr, McManus: Lastly from your meeting of April 27, a question was raised based on a letter and presentation from Flagship Banks concerning property east of Brickell avenue and north of S.E. 8th Street. In response to that, the principal M1iY '2 107 consulting firm, Wallace McHarg Roberts and Todd, Dr. David Wallace offered the following answer, in response, and I quote from the Minutes, 'Out of out 18 months experience, one of the overwhelming needs that Miami has is for high quality residential. In our previous work, (that is Wallace McHarg's work) in the Downtown plan, the same universal latitude was, we have to hang on to what good residential we have, and we have to get more good residential. And our con- clusion was, that by and large, in a location like this, the office/commercial opportunity would chase the residential out, and therefore the place to put resi- dential is on the Bayshore, and in effect, instead of having a mixed use that the present zoning allows, which in reality does not end up as a mixed use, we say, in effect that the Bayshore part of it should be residential and the Brickell part of it should be commercial.' As part of the discussion on April 27, the department made the point that the current zoning between Brickell and the Bay in that immediate area, that is R-C-1 and R-C-B are mixed use zoning districts, that they allow a mix of commercial and residential use but that in fact no residential use has been forth coming. Further it has been the policy of this commission to encourage housing downtown to make downtown a 24 hour area and that space must be made available for that residential use. Consultants have pointed out that the area immediately adjacent to the Bayshore offers certain residential amenities that are unmatched elsewhere in the City of Miami. Their recommendation is that the office area be concentrated along Brickell and finally the department feels that it is premature at this time to consider the designation of that entire area as a part of a Brickell office area and thereby foreclose the possibility of future development options. Thank you very much. Mrs. Gordon: Say that again. You say it foreclose it.Mr. Fosmoen will you clarify the rigidity of this plan as to individual property in a specific area. I think this is causing a great deal of concern among a great number of people. Would you please address youself to that? Mr. Fosmoen: Commissioner I think we can tell by even looking at the scale of the map that the plan itself represents a policy statement on the part of the commission. But this is not a zoning ordinance. I think that in a lot of people's mind there continues to be confusion between the comprehensive plan and a zoning ordinance. The lines on that map end up covering a fifty -foot swath, and we are talking about a policy on the part of the commission. The zoning on a particulr piece of p-operty remains the same. We will be, in the next 12 months to 15 months working on s revision to the zoning ordinance leading toward the implementation of this plan. But in specific areas, on specific pieces of property, I think that is when the property owners need to be really concerned about what the economic impact of that zoning on their property. Mrs. Gordon: You mean the current or the proposed. Mr. Fosmoen: The proposed zoning. Mrs. Gordon: At the time of a proposed zoning change, which is sometime in the future perhaps, 12 months down the road. Mr. Fosmoen: That is correct, speaking to the Brickell area which apparently is causing some concern. Mrs. Gordon: Specifically looking on the map, to give you a for instance of an area that could cause some concern, it would be the area between 15 Road and 13th Street, a small pocket that indicated as turning to a residential classification, and it presently in an office and highly developed in that use. I would imagine that some people here, (I don't even know specifically) might have that particular area as one of the areas of concern. Mr. Fosmoen: Correct. Mrs. Gordon: It is just a few blocks in there and yet it is designated on the map that way. Mayor Ferre: You see Mr. Fosmoen, I think the problem is sometimes not what is the reality of things, but the way things proceed. As you know in this community, there has been some strong feelings in certain sectors about the Master Plan in Metropolitan Dade County, and as you know, that because of the continuous barrage of editorials and stories that come out of the City desk in our local newspapers and the emphasis is placed on it, the Master Plan in Metropolitan Dade County indeed has become a zoning map and it has been chiseled in stone and frozen like an iceberg 00 miles thick. It is not to be moved. It is not to be tampered with, it is not to be altered. It is not to be changed. So techincally you are right. A comprehensive Plan is nothing more than an outline. I might remind you that in our own commission, we have fallen into that very same track. I'll be specific. We have passed plans for example in the case of Dinner Key. These were Master Plans. That does not mean that every stroke of the pen, and every little area of green and every little tree that was placed was going to be there in perpetuity. What it meant was, that that was the Master Plan, which then would be implemented on a part -by -part basis and each section would be studied and restudied and then implemented. You know the problems we have had on that. Mr. Fosmoen: I recognize those problems. Mayor Ferre: I remind you also of the Coconut Grove area, where we have gone through this whole process of having one public hearing after another, and hundreds and hundreds of people at these public hearings, anticipating input changing, recommending, debates, and for 4 or 5 hours at a time, at night at the Episcopal Church down here. Jack knows the agony we went through and all of that. And they came up with what I think is an incredible document, really worked out between the professionals and what -have -you. Right away you know, (not the Tigertail Association) but several of the members of the Tigertail Association, and several members of this, and the Audubon Society, and the Sierra Club, and the next thing you know, they are trying to freeze everything but single family construction, by appealing to the Lt. Governor, to request, and on, and on, and on. The point is, that I think this community if very gun-shy because of the things they have seen happen, that in theory should not happen, are not supposed to happen, but in fact do happen. So it isn't just Metropolitan Dade County and the Master Plan, it has happened right here within our own City Hall. How does that song go? Right here in River City. Mr. Fosmoen: Mr. Mayor, I am not sure that under any circumstances that can be avoided because people have their own agendas, and if they wish to try and freeze a document that this commission adopted as policy, there is no way of preventing it. But at the same time, I am convinced that this city needs a policy statement of development. Without that it occurs willy-nilly. Mayor Ferre: Don't misunderstand my statement. I am fully in agreement with the Miami Comprehensive Neighborhood Plan and intend to vote for it today. I want that understood. I am not saying I am going to vote against this. I am for this document. I am for it strongly. I nevertheless think we have to under- stand and permit people to place into the record the type of objections that I think they are going to put in,because I think they are entitled to do that. I don't know how long all of us are going to be on this commission, but I want it to be a part of the record of this commission so that in the future, when these things do ccme up, on a zoning matter, that at least this Mayor of this City of Miami, on this May 12th, 1977 has gone on record and the other members of the Commission cay say what they want, that this is not chiseled in stone, is not forzen in perpetuity and is not such a structured document that cannot at anytime be altered. I want to say that into the record. What Metro does with theirs is their problem. Mr. Fosmoen: May I add one caveat to you comment Mr. Mayor, and that is that the plan is of course subject to change and should in fact be reviewed on annual or bi-annual basis. I think it is important to point out though that that change needs to occur with good cause of course, that simply changing it automatically at a request of someone would in fact violate the entire purpose. Mrs: Gordon: Mr. Fosmoen, I haven't heard too many people with very strong objections to this plan in most of the areas of the city. However I have heard all of the com- plaints and concerns generating from the Brickell area. And I believe I heard a comment that in the hearings before the Planning Board, there was very little repre- sentation that showed up for the hearing from those persons who are affected by the proposed plan in the Brickell area. This is a matter that bothers me quite a bit, because when the Plan was being forumlated, when the input was most important, was at the time of the Planning Baord hearings. How many people are here from the Brickell area that are concerned with the Brickell area. Would you raise you hand and let us know? I am giving you some facts. How many of you went to the Planning Board hearings? You see what I am saying? I am even wondering whether it is practical or possible, let me put it that way, or either way, to adopt this Plan today, but leave the Brickell area in a holding position until we can have another hearing before the Planning Board, since there was so little representation from ownership at those hearings. Is that MAY 121977 possible Mt. Fosmoen? Mt, Postmen: It is quite possible. Mrs. Gordon: Okay. Mayor Ferret That sounds like a very good idea. That really would be the way to do it. Mrs. Gordon: t would adopt it later on if we come to that conclusion. Mayor Ferre: Let's move along. Joe, are you going to make any more comments? Mr. Grassie: No, sir, we are ready for the comments from assistants. Mayor Ferre: Those of you that are speakers. You can use either microphone. I would like to ask if anybody needs more than 3 minutes at this time? Do any of you need more than 3 minutes? If not, please identify yourself, name and address then you will be timed at that point. When the red light starts flashing you will know your three miuntes are up. Mr. Stanley Dodd: Mr. Mayor and members of the Commission, I am Stanley Dodd. Three years ago we formed in the Brickell area a Brickell Area Association. We have been meeting since that time. When we heard about this particular new adoption and plan that is coming to the City. We called a meeting of the Board of Directors, and they suggested we come in let you know how concerned we are. Today I only have two things to say. One is, that I would like to reinforce what Commissioner Gordon said this morning. We are demonstrating by our presence this morning that we are keely interested in keeping the beauty and integrity of the Brickell area. That is one item and I would like at this time to ask the members of the Brickell Area Association Board that are here this morning to please and introduce yourselves. Mr. Plummer: Just for the record, since it will not be picked -up, I wish each one of them would leave a card with the Clerk so that it will be able to be identified. Mr. Dodd:Gentlemen, I have accomplished my mission. I would like to say that all of these people that are here this morning are property owners in the Brickell Area. They wouldn't be here if they wern't keenly interested in what goes on in that particular section. Thank you very much. Mayor Ferre: Thank you very much Mr. Dodd. Next. If you would all move up to these front seats I think it will expedite the timing of this so we can move right along. Mr. Jack Rice: Mr. Mayor, Jack Rice, 2424 NW 1st Street Miami, and I represent Dr. Robertson. I also have other clients who own S. Bayshore Drive, but I am Par- ticularly interested in two questions. One, the land -use plan as the Mayor said, pretty much freezes zoning or at least it has done so in the past, so I don't want my client to be stuck in the position that when you adopt this, anything that has occured in the past before the Commission, re: Aviation, and Bayshore, would now be fixed under the Master Land -use Plan. Primarily Aviation, where there is a little cul-de-sac, which at a commission meeting a short time ago, you all agreed that should be R-C. Well it hasn't been changed in this land -use plan. I don't want to run into that problem later on. Secondly on Bayshore, I understand there is no change in Bayshore and that will be handled at a future date. I just want to say that before there is any change on Bayshore,we don't want to be stuck with the land -use plan which we don't know what is actually in the making for Bayshore if it is going to change the existing zoning. Thirdly the color schemes attached to this map are off as you will note. Although you can with some imagination discern the proper zoning under that color scheme. It is still not a color match, And thirdly, as a citizen, myself, and as a lawyer, ----even I didn't know about all these hearings. Everybody's busy, don't read the paper, so we don't get to all these meetings. But if I attended every meeting, in which I had an interest in, I wouldn't be able to go home at all. I would be attending all these meetings. So it is a real imposition and most of the working people, like live in my neighborhood, (I live in a Cuban neighborhood), - -they are working. They are not ready to come to these meetings. I am sure my neighbors don't even know anything about this. Most of them are Cuban, Some are American, but they are pretty old, maybe they are not iterested. I ask you not to take a hard and fast view of the Master Plan where average citizen, with his lawyer, can't come in here and get some consideration and justice for his client just because you have a Master Plan and you make it so difficult for him, that he is financially embarrassed to invoke any change. That is what I am afraid of in a Master Plan. And I look at this Master Plan and I see this zoning follows pretty much the commercial strip zoning we have. I am not so sure with the new development of the transit system that this strip zoning will really survive. If you have ever listened to the Master Plan for the Transit System, it shows sometime 10 acre areas around these sections where they have the stations that are actually highrise, R-C development. That is the Master Plan for the Transit System. This report don't follow their presentation to the public. And I have heard it a number of times in different discussions through a community center. So I wish you would get together with the Transit Authority of Dade County and see if we can't work out something with a uniform plan. Mayor Ferre: Jack if it is any comfort to you, you may have heard me say this story before, but I visited the Soviet Union once, on a visit with a group of businessmen. I was very interested in city planning. Several of the Soviet cities like Kiev, or Moscow, they really had green belt area between residential and the whole key to it, (and I noticed that very quickly) was rapid transit and transportation. And the residential areas were clustered around the stations of rapid transit and then immediately adjacent it was the green area. But there was an awful lot of exceptions to all of this. So one day when I was talking to the head of the Planning in Moscow,I aske,_ why is this happening? He said all these Ukraines keep coming into Moscow. He said it in kind of a disparaging way. I said Ukraines, eh? He said we don't want them in here but they keep coming into Moscow. I said you guys have work cards and this is a controlled society. He said they don't pay attention. They fake those things and find ways of getting around. I thought to myself, if in the Soviet Union they cannot control where people live and how things happen, which is a controlled society, imagine what in the United States. There is no way you are going to tell people, ----what I am saying is, in a free economy, for the most part, nature and the free -flow of goods and services in an economic impact, will sooner or later have itsway and sometimes it takes a little bit longer, and sometimes people have to suffer through it. There is no question that we are going through a process in my mind anyway. I am not a lawyer. It is your business. Where there is confiscation of property, through the use of Master Plans, which avoids a due process, and in a way, continues to tax people for property which they in turn cannot use to the best of highest value. I think the City of Miami being a more urbanized, denser area will not have the same problems that Metropolitan Dade County has, but I recognize what you are saying and think for the record here, we have to state that this is a Master Plan, and our approach to it hopefully will be somewhat different than that, that Metropolitan Dade County has adopted. I would hope we would have a little bit more sense of flexibility not because one person with one project comes along and demands it. That is not going to work that way. But rather because in a general sense, in general areas for example it becomes obvious five years from now, that we are going to have to change because there happens to be a station of rapid transit in one area and obviously we are going to have to think of that area differently. I might point out that even in the State of Florida with all of its wisdom, the Legislature and the Cabinet, etc., the Legislature decided that even the constitution of the State would be revised every 10 years. So even the constitution is not sacrosanct. And those of you that are proponents of ERA like I am, know that that is a very difficult instrument to change. I would certainly hope that this is not going to be that type of an instrument. Mr. Rice: I minds, have in the City you have to Thank you. would like to add one comment. A Master Plan does in a way, even in your to pretty well set to some degree, zoning. If you rezone any property of Miami, and you say why isn't everybody here. Well, if have rezoned notify everybody. This is a newspaper advertisement, --is the only notice. Mayor Ferre: All right. Doctor? Dr. James Robertson: I am Dr. James Robertson, your honor, Mr. Mayor, Commisssioners, I want to thank you for your consideration in the past. I want to commend you, for Mr. Fosmoen in leading our comprehensive zoning plan, and hearing us citizens when we have something to say. The entire holdings I have, everything, is right in the Grove here and I am vitally interested in it. I would like to be heard when something comes up about this. I was shocked recently when the South Florida Planning Council, without any public notice, or anything, and no representation from this area that we are con- cerned with, took into themselves to vote otherwise than you people have used your wisdom in obtaining a very greatly thoughout document. I hope any future plans will be decided by you and not by someone out of our area who really doesn't know what is 1 '� MAY 12`977 happening. Thank you, Mayor Ferre: Thank you. Mr, Jack Tracy: Mr. Mayor and members of the Commission, I am Jack Tracy repre- senting Mutual of Omaha. First of all let me say, I feel almost a little derelict in not having attended some of these Planning Board meetings, and I think the same thing could probably be said for the majority of the Brickell area people here today. I personally was not aware of them and I want to apologize for not being there, No. 1, And No. 2, I want to give you my assurance that all discussions in the future, if I am aware of them,I definitely will be present. I think all of us in the group, (incid- ently our group comprises the area from the River to 15th Road, from the Bay to the railroad tracks.) We are not strictly on Brickell Avenue. It is property covering the entire area and we all the same genuine concern for this thing. I think Commissioner Gordon and the honorable Mayor pretty well outlined our feelings and apprehensions in their earlier remarks. I personally addressed my remarks to each of you by letter in the last few days following the newspaper article so I won't trespass further on your time now by repeating them but as Mr. Dodd said we are concerned. If it is the pleasure of the Commission today to exclude this area from a final determination as it applies to the Master Plan, I think we can let you get on with your business and come back and talk to you later at the appointed time. Mayor Ferre: Mr. Tracy so we don't have that hanging on, Rose, I think it might be appropriate to test the will of the Commission at this time. Mrs. Gordon: I suggest that I feel it is a necessity to have this kind of public hearing. Mrs. Alexander is from the Planning Board, in charge of the Brickell Area. Mayor Ferre: Mrs. Alexander, I will recognize you in a moment. Mrs. Alexander: I am speaking as a citizen and property owner on Brickell Avenue. Mayor Ferre: I will recognize you in just a moment. At this time I think what I would like to do, unless anybody has any objections to it, is say that we,(if you have an objection, I'll hear you too to that point), Rose ---do you want to make the motion? Mrs.Gordon: Yes, if it is proper to make a motion at this time, at this point in the hearing. Since this was a discussion item, it would be my intention if it is proper for us to introduce a motion now, I would so do. Is it proper Mr. Mayor? Mayor Ferre: Yes. Go right ahead. Mrs. Gordon: The motion would be that when this is taken up, when this compre- hensive resolution is taken up later today, that included in it would be a deletion of the Brickell area for further study by the Planning Board. Mayor Ferret Is there a second to that motion? Mr. Plummer: Let me ask the obvious question. Mr. Fosmoen, what damage does that do of meeting the deadline, ---can you still surrender this? Mr. Fosmoen: Yes. m Mr. Plummer: ----and that won't cause any damage to the Master Plan being approved by the State? It will meet the guidelines? I will second the motion. Mayor Ferre: There is a motion and second. Is there further discussion. Let's make sure we understand what we are voting on. What we are doing is, we are saying that if we today, approve the Miami Comprehensive Neighborhood Plan as presented, that we are going to take the so-called Brickell Avenue area and return it to the Planning Board for discussion at which time you gentlemen that have presented some misgivings and concerns can then present your position before the Planning Board and get their input into it. Does anybody want to spaek against that here? Mrs. Selma Alexander: I am Selma Alexander, 2323 S. Miami Avenue. I am speaking as an interested citizen and also as an owner of property on Brickell Avenue and most particular have been involved with some of the task forces. I am not going to address the question that Brickell Avenue may or may not have been represented at some of these task force meetings. I will say this. This is a statement, a blueprint if you will, A policy statement. Any implementation of this involves according to 8 M1111V i o 1077 the Plan itself, change of existing zoning, not necessarily in conformity with What is there, because there are lot of little pockets that may be typographically and otherwise, will have to be evaluated. This has come up in other instances. We could go through this whole thing and say we accept this document on the basis of the fact that the Fincher Motor's property got cut in the middle: You have already decided something in Coconut Grove in terms of accepting something out of the general application. My point is, that this is a blueprint. This is a policy statement. It is not written in stone. The zoning application of this which is implementation of plan. People get planning and zoning very mixed up. A plan is a plan. This is not a Master Plan. It is a Comprehensive Neighborhood Plan, which means that all elements have been addressed ----social services, capital improvement, economic development and the feasibility. All of these things will have to be addressed by you, as the Commission, in terms of adoption of a capital improvement program, in terms of adoption of a new zoning ordinance. At the time that that comes up, there will be ample time for public hearings for individual pocket, but I would hate to think that at this point in time, with the City in the stress it is in, that we can't in this city, adopt a policy statement, a blueprint, for future, -- without excepting a pocket here, a pocket there. Mayor Ferre: Selma, you are not speaking to the point. You are speaking on some- thing else, and I agree with you. I recognize you if you will address yourself strictly to the motion that was made for Brickell Avenue. Mrs. Alexander: I am addressing myself to the motion. I am saying that if you accept Brickell, then someone is going to come from Coconut Grove and say we have been discriminated against. Someone from a different section of downtown will say we have been discriminated against. Anybody could come in with some little piece and actually we are dealing with an area that goes from 13th to 15th, it seems to be designated as residential. Mrs. Gordon: No, Mrs. Alexander, you are wrong. My motion does not address itself to 13 and 15. It addresses itself to Brickell in its entirety. And it has a very real concern on the part of a great many people and as to what "Brickell" which is the entire area that was delineated before from the Bay to Miami Avenue and from the River to 15th Road, a succeedingly larger portion of property and has been referred to by many people as the Park Avenue of the south. I am proud of that area, and I feel the people who are property owner there have made me proud of that area, and that they have not yet had an input into this. I see no harm, no devastating consequences that are going to take place if we adopt this plan today and you, or the Planning Board, hears their points of view, and does, or does not, incorporate it into this Plan. Now, that is all we are saying. And we are not destroying the plan, we are not removing it from consideration today. Mrs. Alexander: I hate to rebut, but I would like to say one thing. If you accept one area which of course is going to come up for plenty of public hearings, in terms of any zoning changes, what's there now exists, --but when any changes come up, there will be public hearings at the Planning Bord level and at this level. As a property owner, and I am part-owner of 200 ft. frontage on Brickell and 225 ft. frontage on the adjoining street which is called Brickell Plaza. I have a real, abiding interest in what happens in that neighborhood. I don't think this significant a piece of property, as have some of the rest, but it is significant enough. So speaking as a property owner, I have no objection to fighting this out at another level at another time. Mayor Ferre: Selma, you have that right. And they have their rights too. Mrs. Alexander: I am speaking as a citizen and as a property owner and I feel you need to adopt this, and not accept anything. I think it should go through the due process that is available, and allowed, within the document itself. That is my only my only question. Mayor Ferre: Selma let me answer you this way. First place, I think that it is true, that there are lot of people, --these are people that are rather affluent and do read newspapers, and have lawyers and do have access to all these things. Therefore, in a way they have an advantage. But you know, whether you like it or not, and there are a lot of injustices in them that I don't like, but that is why our system works. Don't tell me that a rich man doesn't have a much better change of getting out of jail than a poor man. He does. And that is not right, but that is the way this system unfortunately has been working in this country for the last 200 years. We are trying to correct that. And I think we have gone a great way. But the fact is, that these people have awakened to the fact that they have some doubts. And the fact it that AV I. wiry nobody else has at,akened to that or there is nobody else here that is griping about that it is that they have,or don't have. No. 1. No, 20 1 think it is important to point out that this has happened before this precedent. In Coconut Grove I want to remind you that a group of people in a certain area, that had a problem when we were going to apply to the Neighborhood Plan that we worked on for two years, that we had two or three problems. Remember Mike Calhoun came down and objected to one thing or the other. And the other guy who objected about something else? So we ended up making these little pockets.When we adopted the Plan, we said okay, look. We understand you have a special problem. We are going to adopt the packet except for these two or three areas, then we will hammer out your problem. And we did just that. We accepted the plan. The Plan was implemented, we moved ahead. We carved out the little areas. We came back, solved the problem and it is all over with. That is the same thing these people are asking for. Mrs. Alexander: Mr. Mayor, I made my statement. That's how 1 feel, and I thank you very much for your attention. Mayor Ferre: Mrs. Alexander, shall we put this to a vote now? Call the roll please. Mr. Plummer: Based upon the statement of Mr. Fosmoen that it will not do any damage, I vote yes. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-398 A MOTION TO AMEND THE RESOLUTION APPROVING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY DELETING THE BRICKELL AREA FROM SAID RESOLUTION IN ITS ENTIRETY AND REFERRING IT TO THE PLANNING BOARD FOR FURTHER STUDY Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Gibson. NOTE: See Resolution 77-430 adopted later in the meeting. Mayor Ferre: Any other statements need to be made this morning? If not, thank you gentlemen. Is there anything else we need to do this morning? Mr. Fosmoen: The people who are present Mr. Mayor may wish a copy of the Plan. Mayor Ferre: The Plan is available for any members of the public who wish to have a copy. Mr. Grassie: We will bring the resolution back Mr. Mayor in the afternoon session when you formalize your actions. 2, DISCUSSION REGARDING ROCK CONCERTS IN KENNEDY PARK' Mayor Ferre: Let's take up item B which is Rock Concerts in Kennedy Park, Mrs, Gordon: Oh, boy! Mayor Ferre: Father Gibson is involved in something very important and that is why he is not here. and it is City business, by the way. Mr. Grassie: This is a report on what happened in the park, Mr, Mayor and members of the City Commission. Al Howard is here to introduce the subject. Mr, Albert Howard: Mr, Mayor and members of the Commission, the concert that was held in Kennedy Park last week -end, which turned out to be a Rock Concert, was 10 scheduled originally as a festival for Muscular Dystrophy . They had taken out a permit back in March to raise funds for their organization. They estimated they had only 1500 people in the Park. They took a permit out through us for this, notified the police of this, were prepared in the park for 1500 people with portable toilets, first -aid and all the requirements necessary including policement. For some reason it turned out to be a Rock Concert that we were not aware of, and I don't believe they were aware of. It turned out we had about 15,000 people there. Unidentified person: How many? Mr. Howard: About 15,000. Mayor Ferre: 1 - 5 ? Mrs. Gordon: I can assure you there were more. Mr. Howard: I think people were coming and going. There was no question about that. Mayor Ferre: I can attest to that too. When they were going, they were going all the way. Mrs. Gordon: Indeed they were. Mr. Howard: Unfortunately, there were some incidents away from the park, the parking problems, and blocking, but the concert itself, ---the people were well behaved, they enjoyed it. We had very few problems in the park. If you would like, I will explain the situation to you what happened. Is Mr. Havlicek from Muscular Dystrophy, perhaps he can add something to it. Our policy is not to have Rock Concerts in neighbor- hood parks. and we did not book this in as a Rock Concert. But this is what happened. When it did start, there was no way that we could stop it. I think we would have had a bigger problem if we stopped it. If you want, Mr.Havlicek is here. Mayor Ferre: Mr. Havlicek, I will recognize you at this time. a Mr. Havlicek: Mr. Mayor and members of the Commission, I would like to thank you for allowing us to take the time to explain our side of it. The event was originally planned as a festival. We called it the Day of Sunshine, and it was with this concept that we originally applied for the permit from the Parks Department. In the course of the 6 weeks of planning, suggestions were made to bring groups to add to the festivities, but not with the intention of really changing it from a Rock Concert ----from a Day of Sunshine, to a Rock Concert, which most clearly it did turn out to be. The groups that were there, the Winters Brothers, they are two entertainers popular today, Edgar Winters and Jonathan Winters, but that is not the Winters Brothers. And we had no realistic way of anticipating that their popularity was to the degree in this area that it is. So as an organization, it depends on the good will of the community, --we would certainly not have planned something that would upset the neighbors. Mayor Ferre: Did you make money? Mr. Havlicek: We made lots of money. We made 24 thousand dollars for the fight against Dystrophy, so it certainly had its bright side. Mayor Ferre: Muscular Dystrophy is certainly one of the most damaging and heartbreaking things that can happen to human beings. That part of it I am very happy about. I don't think it is your fault personally. I don't think there was any malice involved or bad intentions . But it did turn out to be a disaster. And it was a disaster because there are people who are also entitled, who are taxpayers, who are entitled to live in peace and even though, as I told some of them, look it has only happened one Sunday out of the year, and just look at this way. You gave one Sunday out of 365 days of the year for a very good cause. But they said look, that is our choice. You should not impose that upon us. And they happen to be right. This is a neighborhood park and it should be used as a neighborhood park, I think this points out something that is very important. That is why we built a park like Bicentennial Park, Mr.Grassie, because Bicentennial Park is not in front of a resi- dential area, it is not anywhere it bothers anybody, if people make a lot of noise. There is one problem. There is no place to park. Just like there is no place to park in Kennedy Park. That is true of a lot of parks all over the world, where they are in the central city and there is just no palce to park. We are going to have to find ways of solving these problems as we go along, The day before we had another 1 M11Y 1 2107 7 concert in Bicentennial Park, which was in itself kind of a small disaster, I think it was greatly exaggerated by the Press, I was personally there and 1 didn't see,(I am sure they happened) but I didn't see any muggings or people being raped, purse-snatchings or anything like that. They were a bunch of young kids and what do you expect? They run around and throw footballs and flying saucers. Mr, Howard: Actually they had their purse 11 purses down there see the K C and the there today with the we were aware of. there wasn't that day, because the people who claimed that snatched left them on the ground, and we still have today about ,--and pocketbooks. What happened they rushed to the stage to Sunshine Boys and left them on the ground. We have the purses money still in them. So really there were not any thefts that Mayor Ferre: I would recommend that in the future Al, if there is anything that is going to attract a lot of young people, that we do it in Bicentennial Park, which is a place kind of set-up for that kind of thing and try to stay away from places like Kennedy Park and other neighborhood parks. That doesn't mean mind you, that we should leave Kennedy Park as a pastoral park. I think if you are going to have a classical ensemble or chamber music, or fusion for example, you have had a fusion dance there. How many people went to that? Mr. Howard: We had about 700. Mayor Ferre: Okay. That is reasonable. You said 15,000. I will tell you. I am not an experienced counter, but I would guarantee you had well over 20 or 25 thousand people there. I drove up Tigertail, I went all the way to Coconut Grove, I went all the way to U.S. 1, there were cars parked all the way to U.S.1. The parking lot at Dinner Key was absolutely full. The cars were strung out all the way to Mercy Hospital. Mrs. Gordon: Mr. Mayor may I get some input into this. I asked for this to be on the discussion this morning and I am one of the affected citizens. I live on Bayshore at 19th. I can assure you, (I didn't count heads) but when the parade started in front of my house, my and husband and I, not knowing what was going on that day, looked out the window, and said holy mackeral, what is happening today. I can assure you, they were marching six abreast,closely lined up behind each other, and where they were putting those cars that were passing my house, I don't know. But I do want you to know, I had to fight to keep my own space, my parking space at my garage level. But I do want to tell you this. There must be something wrong with the method that is being used in granting permits. Now, with regard to you, how do you pronounce you name? Mr. Havlicek: Havlicek. Mrs. Gordon: Havlicek. Apparently you were not prepared for what happened because you didn't know what was going to happen. However when you applied for the permit, and said you 'gestimated' 1500 people, you really thought there would be 1500 people. But when you started planning a program, which was after the time of the permit, correct? Mr. Havlicek: Yes, ma'am. Mrs. Gordon: You added certain features to it, apparently which caused the great popularity of this event. So my thinking is, that the day or two prior to the event, wherever it might be, whether Bayfront Park, Bicentennial, Manor Park or Moore Park, or any place Mr. Howard that you issue permits for events, that you must then be given an up -date of the program. Have you had this procedure in process? Are you doing that now? Mr. Howard: Yes, but usually not in neighborhood parks, because you have never had anything like this in a neighborhood park before and we did not expect it but have to agree with you. From now on, we will set the, Mrs, Gordon; Therefore if a day or two prior to the event, you are told they are having such and such a band,or some other kinds of events, that you from your experience, know, are going to attract a great deal more than 1500 people, you could put a stop to the entire event. 0r they, whoever it might be, and there are many wonderful causes that could benefit from a gathering in some of our parks, but certainly not in the numbers that we had here. I think this might be a way of putting a handle on it, Then, regarding the activity inside the park, I didn't dare 11Jiu go into the park. First of all, it was impossible to get anywhere near the park. But even away from the park, where I am, which is a good three and half blocks away, been cans and bottles were profusely thrown on my front lawn. I had a couple of youngsters standing there picking them up all day long. Now, if I had that in my place, I can imagine what the people had who live closer. than I do. I wasn't as bothered by the noise because the noise didn't travel in my direction so much, but the people who live upon the hill, they were blasted all day long. Incredible. I will tell you one amusing sidelight. This did happen, and the parade of cars, which was bumper -to -bumper, traveling along Bayshore Drive, up to a point, (I think I called Mr. Grassie more times that day, than he wished to hear from me), on one car there was a young lady,(this is in the public record) this is the kind of activity that took place, standing on the hood of her car, that was being driven, going about one-half mile per hour, very slow, in a short bikini, and she dropped her top, it was a real demonstration there and this is the kind of thing that is attracted to these kinds of Rock Concert activities. The kids go a little bit wild, Mayor Ferre: Well, Rose, I might say that it is attractive to others besides those who go to concert activities. Mr. Plummer: Is there another one this Sunday? Mrs. Gordon: You should have been on Bayshore Drive. You missed the show. Mayor Ferre: Plummer wants to know when and where the next one is. Mr. Plummer: Let me ask a question if I can. I am sure there was an organized committee that made sure that all of us Commissioners were well aware of what was taking place. I want to tell you that if I received under normal circumstances, that many phone calls at the funeral home, in the normal run of a day, there would be nothing short of a disaster in this city for funeral business. We were plagued at the funeral home, where they tried to reach me. I was at a loss, Al, to understand that in this application of which you have furnished us a copy, how it could have been misconstrued, when the application itself states very clearly, 'benefit -festival - concert', --now how could that be misconstrued? Mr. Howard: When the application was made -out, the individual was questioned and she said it was not to be a Rock Concert. This was going to be small little groups, in the park, and they only estimated a few people that were going to attend each one these. It was not a Rock Concert. This was what they explained to us. They had no intention at that time of making it a Rock Concert. Really what we felt it was the sponsoring organization, the charity organization that was trying to raise the funds and it would not be one. We had asked her this question. Mr. Plummer: Once you saw that on the application, that is when you made further inquiry? Mr. Howard: Right. There are all kinds of concerts. It was questioned, 'is this a Rock Concert?'. The answer was no, it would not be a Rock Concert at that time. We were not aware of this even up to the day it happened. Mrs. Gordon: If you follow the procedure as outlined before, you would then be able to spot the future program . Mr. Howard: That is right. Mr. Plummer: Al, when were you at Bicentennial Park for a day in the park? Mr Howard : I was down there very early morning when things were being setup. Mr. Plummer: You weren't there the rest of the day? The mayor was there and he left approximately 5;15 or 6 o'clock. I was there prior to its starting and there for its starting and then came back and brought my daughter in the evening. I want to tell you, that it is just exactly what you say is correct, there were no problems with the exception of a few minor things that are going to happen with that crowd. I got in my car and started to leave and I want to tell you, is when the hell broke out. Mrs, Gordon: Which one are you talking about J,L,? Mr, Plummer; 1 am talking about Bicentennial Park, 13 lA1i/ 4 A Ifigft Mr. Plummer; I want to tell you, as the thing started to break, don't let anybody tell you different than what I know, and that is, there was a lot of problems. And it wasn't till the very end when the thing decided to break up and leave. There were problems. I am not going to go into it. But for anybody to sit here and say there wasp t, I think is a wrong statement. All during the day, and I was there for a total or probably 4 hours off and on. It was just a beautiful day, what I thought the Park was made to be. And I will tell you this, in conjunction with what the Mayor says. I think Bicentennial Park in my estimation is the only place for something similar to that. I parked my car on Biscayne Boulevard and when I got out of my car, I would have sworn that that music was within 25 or 50 ft. of the Boulevard and in fact it was a good 2 to 3 block walk from the Boulevard over to where those speaker are. But the point is, there is no one around there to disturb, to my knowledge, and I never received the first complaint. So what I am really saying is, they can go there and turn the music up as loud as they want and not disturb anybody, and I think that is really what the whole thing is. So I am going to put into the record that I was there and I didn't even get near this one. I had trouble, (as you know I live at 17th and Dixie) and I had trouble getting home, just to my house. I was never going to venture any further than that. But there are problems and I think the point Mrs. Gordon has brought out is very clear. I think if nothing more comes of this today, it is that closer scrutiny must be given to keep these problems from happening in the future. Mr. Havlicek: Mr. Mayor I would like to say that the Association appreciates the tolerence of the Parks Department, Mr. Howard and the Commission, and yourself, to say one more thing, to represent the association's sincere interest in helping the city, or Mr. Howard's office with any insight into how this happened. We do have representatives, Mr. Chuck Zink, the volunteer for the Muscular Dystrophy Association for South Florida as well Lorraine Leone who is the mother of our Poster Child, and members of my staff. So I would like to express our sincere interest in being of any service with any action that's taken as result of this. Mrs. Gordon:I would ask you for one thing, a commitment not to have it in our park next year. Not in Kennedy Park anyway. I can assure you that at 6:30 when I was hearing the radio station that was giving the publicity going off the air, I think it was around 6:30 or there abouts, now they were saying this is the first of an annual event, and I said oh, my God. Mayor Ferre: Rose, it is going to be an annual event. It is just not going to be an annual event at Kennedy Park. I hope you find a place where there is plenty of parking. Mrs. Gordon: Downtown on Sunday would be much better. There's hardly any people down there. Mayor Ferre: I stopped several of the kids to ask where they were from. I ran into kids from Ft. Lauderdale. I ran into kids that came all the way across from Naples. These kids came from all over. I think there was well over 20 thousand people there. Mrs. Gordon: Oh, sure. Mayor Ferre: It was obviously a smashing success, in one sense, and there was a disaster from the other. It all depends what side of the mirror you are looking at. So look, in conclusion, I would say this, you don't need to take any action Joe, but please let's tighten up the procedures. I think Rose's idea of two days before, an up -date as to who it is going to be, I think the fact we can't have any Rock Bands, in neighborhood parks, is absolutely a must. I disagree with J.L. We have had some wonderful programs from that Union sponsored organization that has these concerts at Peacock Park, that are very nice. They are concerts but they don't draw 10 thousand people. They draw a couple of thousand people. That is very nice. Mrs. Gordon: But Mayor I want to tell you about Peacock Park concerts, even though they don't draw the thousands of people, the noise pollution is just as excessive and the people who live down behind it on the southwesterly area called me. I don't know why. I guest it is because I don't take my phone off the hook, I get all the calls. I appreciate hearing from the people.IZ there is something I can do, I try to do it. But I have had calls of complaints about the music that comes from Peacock Park as well. We need to take a policy position that we do not encourage a large, concert -type of music, in any of our residential area parks, Ana we do encourage music concerts in our downtown parks,because that is not where they 11 Sinai - -MIK bother anybody, Mayor Ferre: Excuse me, I have an emergency here, so we will have to wait a second: Rev. Gibson: Don't leave. Mayor Ferre: Rose, you know, it is like that Master Plan. Somewhere along,we need to have balance in our crazy world. We can't live in a cellophaned, scrubbed - down, stereotype, esthetically perfect, homogenized, pasteurized world.Somewhere along the line, you know, ---we don't have dogs in parks, because they do their little doo-doo,-----that is life. The most civilized parks in the world, in Paris, London, have dogs running around. We have to live with that a little bit. We have to humanize ourselves. We are too used to living in our airconditioned rooms, with our television sets blasting away, then we get into our airconditioned cars and go to'our airconditioned work places. We don't want to walk. We don't want to talk to our neighbors. So, somewhere along the line we have to balance it, and I think that, I am certainly not for 20 thousand people at Kennedy Park. On the other hand I do think we have to have social activiites where young people, old people, all kinds of people, we have to help'fusion'have their dance, ---muscular dystrophy. We have to have activities. That is what parks are for. Parks are for people. Now, what we don't want is, parks for too many people, but we need parks for people. We are human beings. We can't live in little cells like bees and follow patterns that are predetermined and predestined. What I am saying, I differ. I think we have to find some kind of a nice balance where we permit some things in Peacock, that the Rock Conerts go either to the Orange Bowl, or the Marine Stadium, or the Baseball Stadium, or Bicentennial, ---what's the new name? New World Center Bicentennial Park, Mrs. Gordon:----Bayfront Park of the Americas. Mayor Ferre: No, no. Not Bayfront Park of the Americas yet until, oh yes. Bayfront Park of the Americas, right, when we get the new amphitheater. We can't shut down the city. But for goodness sakes, let's try to have a little bit more common sense and little bit tighter control. Rev. Gibson: I see a gentleman out there who renders an invaluable service to children on Wednesday and Friday morning. I watch the program. I think it is nice for our children to start the day off with getting their thing together. Mrs. Gordon: I thank you behalf of my grandchildren. Rev. Gibson: I have a grandson. You see what happens. Mr. Chuck Zink: I need all the viewers I can get. I just want to add one thing. And I know you have a lot of business on the agenda today. I wish I had been the person that said that I would like to be all things to all people. It isn't possible. We had the best of intention when we planned this thing. It was a fantastic success. I sympathize with the people who live in the neighborhood and put up with the noise and debris. We did the best we could. I know that people long after dark, --volunteers were out there picking up beer cans, and debris, and garbage. And I know they were. The only thing I can say, thank God it happened, because we now are 24 thousand dollars richer and my kids maybe one day will be richer in life. But the next time we c fill do it where everybody will be happy. Thank you very much. Mayor Ferre:Thank you Chuck. PERSONAL APPEARANCE OF MR, HERB HILLER REGARDING BAHAMIAN-AMERICAN GOOMBAY FESTIVAL TO BE HELD IN COCONUT GROVE, Mayor Ferre: I am going to recognize Herb Hiller out of turn, who would like to he heard on the Bahamian festival in Coconut grove. Herb if you make it quick, we would all be very grateful . Mr. Herb Hiller: I'll be just as brief as I can Mr. Mayor in order to inform the Commission of what we are doing. I am sure all of you know, that about 15 years ago, at the time of a show at the Playhouse called Irma La Douce, some people thought it would be a good idea to do a little bit of a street, a Left Bank kind of situation the Grove that would highlight that play at the Playhouse. That little Left Bank art exhibition that started about 15 years ago, has now become the annual Coconut Grove Arts Festival. That was its origin and over the years it grew, and I had the pleasure for about the 4 through the 6th years of that festival to be intimately associated with it. I am here to tell the Commission about something that a group of people in Coconut Grove have organized among ourselves that now seems to have engaged the attention of many groups in the Grove and this is a historic salute to the Bahamian community in Coconut Grove, that has been scheduled for the 4th and 5th of June of this year. It is an event that now has not only private citizens at work, but we now have the cooperation of all the schools of Coconut Grove, the business people of Coconut Grove. We have now talked to several of the church leaders of Coconut Grove, and will speak to the others. We believe this is going to be a very joyous two-day historic, salute to some roots of this city that most of the residents of the Metropolitan area have forgotten about over the last 100 years. But the Bahamian community in Dade County is very much in focus in Coconut Grove, historically. It is a multi -racial community and this festival on the 4 and 5th of June, has been scheduled very much as a festival for all the people of Coconut Grove in which we will be able to salute the pioneers, many of the pioneers of this community. I can tell you now that I have listened to your immediate preceding discussion, that my concerns, ---I also went to Kennedy Park on the day of that occasion, because I was curious what happens when a lot of people turn out at one time that aren't organized quite like the Arts Festival or the bike race is. We immediately were in touch, ---in fact we have been in touch with many city departments before the Kennedy Park event. We have already talked to Parks and Recreation.We have talked there with Robert Heggy who is very concerned after the Kennedy situatio and we have talked subsequently with him. He seems highly supportive of this event. 11.11 We have talked to City of Miami police about the event. We have talked to City of Miami Planning about the event. Jack Luft who has organized bike races, you know has been extremely helpful to us in planning this event. This event will bring together the number of historic situations during the week end. It will also bring one or two parades during the week -end. It will bring some music during the week -end. Some of it will be lcoated in Peacock Park. This is what we have spoken to the City about. Some will take place on MacFarlane. Some will take place on Grand. So will take place in private halls and churches, and in smaller parks throughout the Grove. We are trying to seed the event throughout the community so everybody can be a part of it. I can tell you also we have gotten the cooperation of the government of the Bahamas for it. The cooperation of such people as U.S. Immigration so we will now have about 125 people coming from the Bahamas, including straw vendors, soccer players, authorities on Bahamian dialect history, and whole score of things. I will just tell you also, these only came into today. Mayor Ferre: Herb, while you are passing this out, I would like to read into 014 the record the following letter from Lester Freeman, from the Chamber of Commerce: 'Dear Maurice, I have just learned of the plan for a Bahamas Festival to be held in the Coconut Grove area starting May 2. I think this is a very exciting idea and with Herb Hiller putting the project together I think it will be a beautiful success. It has been my pleasure to learn of the details from Herb. I am satisfied this is a great opportunity for us to further exand our understanding of the cultural elements in Miami and at the same time extend welcoming hands to our friends in the Bahamas. 0f course the festival will be entertaining and worthwhile for all the citizens of our area and our visitors. I would urge you to participate in whatever extend you can in support of the festival.' Herb, we really must move along, ------- Mr. Hiller:I thank you very much Mr. Mayor. I am going to have a few requests. I won't go into them in detail now. But I would just say that there are certain requests we want to make of the City regarding waiver of such things as showmobile costs and a number of things of that sort where insofar as is discretionary with the city we would certainly welcome that kind of support. We will also ask if the commission would make an appropriate declaration of the preceding week, but I won't go into all of that detail now. Mayor Ferre:Those are two specific requests. What else do you have? ?•ir. Hiller:Well I can go through them. There are certain requests such as a facility surcharge for the park or refundable clean-up deposit, liability insurance. There is a provision wherein 10% of gross sales of things that go on in the park,-- Mayor Ferre: Let's see if we can cut through and see what the commission's will is. I will start off by expressing my opinion. I agree with Lester Freeman and the 16 and the Chamber of Commerce. I think these ate the type of things that make out of New Orleans, New Orleans. These are the type of things that make San Francisco, San Francisco. And these are the type of things that should make Miami, what Miami should have always been. I think this community should be extremely grateful for someone such as yourself, like Lester said, are putting this project together. I think this is a great thing. This is the type of thing Miami should have. I am all for it. I think there is no way you could pay enough for the publicity and goodwill that this is going to bring. These are the type of things that will bring tourist to us from Columbia and Venezuela and Mexico, who come to things of this nature, and would be thrilled by them. These are the type of ethnic, regional -type of carnival affairs, ----that is what the Miami Folk Festival is all about. That is what the OAS trade fair is all about. That is what our Convention/Conference Center is all about. So it is just a pattern of the very same thing on a repetitious scale. I certainly think this city should be strongly in favor of helping now. How much it is going to cost us, and what are the specifics, and I would recommend we make a motion telling the administration that we are philosophically in favor of this and that the administration work out the details. I think you are going to have to have insurance. I think you are going to have to pay for the police that is needed, but to cooperate with you as much as possible by giving you the showmobiles and permits, as long as you don't have Rock Concerts that will attract 25 thousand people at one time. Mr. Hiller: It is precisely what you say that animates this particular festival, Mr. Mayor and I am particularly grateful for those remarks. You said it better than I could. I would only like to ask at this moment, I don't want to take you time unduly, I would like to recognize, with us today, Roland Woods of the Miami Black Arts Council. I would ask Roland to say just a couple of v)rds to you if I may. Mayor Ferre: Mr. Woods? Mr. Plummer: Let me just establish for the record. This is a non-profit endeavor. Mr. Hiller: It is non-profit, it is completely free. The only charges that would occur would be for food, or things people buy. Mayor Ferre: Herb, I have been of the opinion for a long time, that we really :Hissed the boat in Miami in not taking more advantage of, for example Key West, not taking more advantage of the Bahamas, and not taking more advantage of middle Florida where the real red -necks live. That is part of the charm and the beauty. I don't know about you but I love to go to La Belle Florida and eat fried chicken and swamp cabbage. I think to me, Key West one of the great experiences in Florida. We ought to try to have a Key West Festival then. What you are doing is great. Mr. Hiller:I can sav to the entire commission that this is started right at the street level, was just a group of people who thought it was a good idea. Mr. Roland Woods: My name is Roland Woods Jr. residing at 3820 Grand Avenue. I would like to say that I think this is a very positive activity. I seem to favor this activity because of two points. One, is because of a potential economic effect it would have not only on the black community in that area but this community in general. And, secondly, I think it would have a way of pulling together many people from our area. Some of our festivals here in the area seem to be, because of location, or because of organization, geared to certain groups, or geared to certain areas. But after going over the plans for this festival, seems activities will be spread throughout the Coconut Grove area so everyone in the Coconut Grove area plus people from the City and County in general would feel free to participate in this event. So, in short I think it is a very positive activity that sould be supported. Mayor Ferre: Father Gibson moves. Is there a second? Seconded by Plummer. Further discussion? There is key word here, 'root', 'salute.' Like Father Gibson there's an awful lot of people that have their roots in the Bahamas. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 77-399 1 A MOTION DIRECTING THE ADMINISTRATION TO COOPERATE IN EVERY WAY POSSIBLE WITH HERB HILLER REGARDING HIS REQUESTED SUPPORT IN CONNECTION WITH THE "BAHAMAS GOOMBAY FESTIVAL IN COCONUR GROVE" 1 MAY 1 1077 Upon being seconded by Commissioner Plummet§ the motion was passed arid adopted by the following vote: A`tES: Commissioner Manolo Reboso Commissioner J. L. Plummer§ Jr, Commissioner Rose Gordon Vice -Mayor Theodore Gibson NOES: None. Mayor Maurice A. Ferre 4, DISCUSSION OF THE SANITATION EMPLOYEES UNION AS A BARGAINING UNIT. Mayor Ferre: Jesse,are we ready? Did we get the stuff down? Jesse I think we had better wait until we get the information coming in. When will it be available. Mr. Knox: It is being driven down right now, Mr. Mayor. Rev. Gibson: Mr. Mayor while we are waiting this might be a prelude and may help to set the record straight for their coming on. I address this Commission with heavy heart and deep concern, simply because, maybe what is happening is, there is an erosion that I am not so sure I understand. I happen to be, all of my life, a part of the kind of government that I serve, and I know what dangers are inherent and having the authority of government eroded. Whether that is a true statement or an accurate statement, I do not know. But I would you the Commission, and the public determine whether or not I am halfway right, not totally right, but halfway right. When I called to the Mayor last week and asked that we have a special commission meeting and put each member of this Commission on the spot, I think I was a fortune teller. I think I was like the Wiseman going to the east. And while the papers didn't say that Theodore Gibson called for the meeting and talked about everybody else, I did call for the neeting. And I insisted that each person vote. I thought that the vote of the public, the vote of this commission, was infinitely stronger and far more important that any one commissioner's thinking or thought. I also said after the meeting,toward the end of the meeting that if I said what I wanted to say, it would have given the feeling that Theodore Gibson did not have confidence in the admin- istration and I did not want to do that. And so, I did not want to burden my fellow commissioners with this on their heart and in their mind. Note, one of the few times in the five years I have served on this commission, I have been late. I was purposely late this morning. Purposely late. Planned to be late. Because I had some serious, SERIOUS, conerns about the presentation of this administration and the carrying out of the mandate of this commission. And because I had, the hearing that was held this morning, I went unannounced to that hearing. I would that the commission, for the benefit of this commission, ------ Mr. Plummer: Father, what hearing this morning? Rev. Gibson:The State Commission, that dealt with PERC, that dealt with the matters that you and I had at a special meeting for on Monday. And I hope this may say some things to you. I was there and there were two documents admitted into evidence. Mr. Mayor, so that the whole public might know, before the meeting is over, I would like to read this, or you have the Clerk read it, or somebody, --- the lawyer, read it in evidence. Mayor Ferre: We will put it into, Rev. Gibson: No, no, I don't want to put it in there. I want the public to hear it read. Mayor Ferre: Read it. Rev. Gibson: Okay. Please. :Mayor Ferre: There's two statement here. One is exhibit 29 and one is City exhibit 30, Twenty-nine reads as follows:'The City of Miami Commission on Monday, May 9, 1977 met in a special session and by a 4 to 1 vote reaffirmed its support of the City Administration's original recommendation to enter into a recognition acknowledgement of the Sanitation Employees Association as a representative of the employees, in the Sanitation Department of the City of Miami. Signed, Joseph R, Grassie, City Manager, City of Miami, dated May 12," Rev.Gibson: Now read #630. Mayor Ferre: Thirty reads as follows, statement of the City Mananger at a special City Commission meeting on May 9, 1977, 'I expressed to the City Commission of the City of Miami, the administration's view that it was improper for the Sanitation Employees' Association to attempt through arguments to the City Commission to in- fluence the outcome of an administrative hearing of the Public Employee Relations Commission, State of Florida, signed Joseph R. Grassie, City Manager, City of Miami, May 12, 1977.' Rev. Gibson: Mr. Mayor I am not the smartest darkie in the world, but I think I am a smart darkie. I wish you had heard that hearing. At no time did this administration say unequivocally, what the position of this Commission was. They did not change their position. And as a result the master adjourned for a period of 10 minutes and I am sure it was longer than that. It was at that point I left and I came, ---I heard all of it. At no time did the lawyer, nor Mielke, who represents this city, say unequivocally what the position of this was, and is. All I heard, unequivocally, was what that administration's position was. I thought I had better tell you that before the PERC Committee get's through its hearing. And I thought I had better tell you when they go to Tallahassee, you expect to have the true feeling of this Commission represented. You had better take some other measures. I'll let you know this. All the labor unions understood what was happening, ---the representative lawyers. Our lawyer wasn't trying to understand, though he did understand, which is a serious problem for me. It lets me know what is going to happen to the next item that is coming up. And I'll tell this commission something else that I heard on Monday, but nobody paid any attention. The Manager wasn't interested in social issues. Read the record. I want to tell this Commission this. We are in deep trouble. Because that is where this commission is. If the administration is not with us, we are spinning our wheels because when we turn our backs, all that we vocalize for the public consumption, goes to naught. I would like Mr. Mayor, ----let me also say this, that the attorney that represented the Sanitation employees, asked whether or not the Manager and you could be subpoenaed and you should have heard how they were laughing. They said well, the position is determined by the Manager. Man you are in deep trouble if you are the Mayor. Plummer you are in deep trouble if you are on this Commission; Reboso, you are in deep trouble; Rose, you are in deep trouble; and I know Theodore Gibson is in plenty damn trouble. I just thought I had better report back. You didn't send me for that. Mayor Ferre: Mr. Grassie, do you want to address yourself, Rev. Gibson: I thought I had better go do that, because you see, in the past, I didn't challenge anybody around here, but I learned that what I do speaks so loud I can't hear what I say, and nobody has to question my loyalty to this City and wanting to do. Most of the time I pray, 'Help us Lord to do what is right, just and fair for the people of this city, ----white, black, Latins, Hungarians, Bahamians', --(I am a native, born and raised here, I don't plan to go anywhere. I could have gone as a Bishop to the Virgin Islands, I am sure some of you wish I had gone. I could have gone to Michigan, and I didn't challenge that. I want to spend my last days here, and give all that I have to the City of Miami. 0ne final comment. I don't know about another Commissioner on this Commission,-- 1 have only one concern. I don't think we are here necessarily to save money at the expense of the employees. I want to make sure everybody gets that. The Administration as well. We here, I trust, (I am), to save money, where money needs to be saved, but by all means, and at all times, to be fair, honest, just and equitable for the people who work for this city. A happy employee makes a happy employer. And a happy employee makes the people in the City, very, very happy, comfortable and glad. Now, I am through. Mayor Ferre: Let me summarize, and I understood what happened. 0n Monday, this Commission voted, the vote was 4 to 1 and I think it said as follows, 'we recognize that the law of the State of Florida passed by State Legislature gives the right to the master to rake certain determinations with regard to labor bargaining decisions of this nature. We understand the wisdom of the legislature in making that decision, and obviously our position is not the determining factor, nor is yours, since that has been taken from the City's hands. This Commission by a majority said as follows, that this was matter of policy, NO 2, there was a distinct quality to the unit since sanitation workers do specialized work which is different from police work or fire ■ 1 19 MAY 12197? work, or the general employees, and that there is just as much a difference, and that is why we recognize a fire union and police union and this is why there was a distinct work unit involved here. No. 3, we recognize that there was a social problem in this whole process since 90% of the membership is black, and that we went through this whole process of why FAMU wants to remain as a separate entity even though it probably makes more sense to integrate it into the University, ----the State University at Gainesville, etc. But there were special social reasons why it maintained itself as a separate unit. We distinguish between the black policemen because their black policemen are only 10% of the total unit, whereas in the San- itation Department the black workers are 90%. So we recognize the social aspect of it. Fourthly, we recognize that the Commission had gone on record in the end of last year and that you had recommended in the bargaining session and that we wished to maintain the same posture. I think this commission is fairly well gone on record and explained its posture as to why we thought philosophically, that is, the policy why it was appropriate to recognize a separate bargaining unit, and so Father Gibson now brings up this point. I don't know how you wish to address it, but for the record, why don't you tell us. Mr. Grassie: Two things only Mr.Mayor. One simply as a matter of information for you. Since about noon yesterday, I have been attempting through Father Gibson's office, and that includes this morning, to get in touch with him so that I could show him the two documents that he has handed out to you now. But putting that aside,I think that you will remember from the discussion that we had, that I was making basically one point with you, and that was that the process that we were going through was improper. The process, not the decision, ---the process that we were going through was improper. At the end of your debate, Father Gibson asked, -- or he said he would not ask,but I answered the question as to what I would do. And it is on the record. But what I said was, --two things. One, that I would convey in writing to the hearing officer exactly what you had determined, and if you take that motion from the record, I believe you will find that exactly what you said, is that it is the intention of this City Commission, or it is your policy, your position, of this City Commission, that the existing Sanitation Employee's Association continue to represent the employees in that department. That is specifically what you said, and that is specifically what I told the hearing officer. Now, in a second statement, because the second thing I told you was that I did not concur in that point of view. The second thing I told the hearing officer was that I felt that the process was im- proper. I think that I put that on the record of the City Commission, I think the two documents you have in front of you speak very clearly for themselves. They are very unambiguous as to what I said. Rev. Gibson: Mr. Mayor, let me answer. That is just the point I am making. You cannot appreciate what I am saying unless you the commission were there. It was like confusion. The city's position prior to this morning was, ---no, no, no, we are not going to to do it. The hearing officer said what is this I now hear. And the lawyer was never clear. He may have got clear after I left, but he never was clear. The city's position should have been,I can't put words in Mr.Grassie's mouth ----man I went to a damn good black college that taught good English. The city's position should have been, the city supports this thing, and not pussy -foot around there and give all that shucking and jiving that I heard. It was nauseous. And let me tell you, it was so nauseous, that the hearing officer had to adjourn the meeting, and said he had to call his boss in Tallahassee because he didn't know what to do. Mayor Ferre: I think what in effect we are getting into here is a legal matter. Because the question is, when it really boils down, I guess this is nothing new in the world, when you have several levels of government, is who really makes the decision on this matter. Is it you Mr. Manager, or is it this leglsiative body? That is the real question. Is this a policy matter or isn't it? I understand your position. Your position it isn't. It is not a policy matter, it is strictly an administrative matter and the Manager has to decide how to administer the City. On the other hand, I personally think it is a social matter of seriuos consequence for this community, therefore I think it is definitely within the realm of policy, in the same way we deal with the fire union, or the police union, or many of these other. You are talking about 600 people. Yes, I know that social scientists today say you shouldn't create bargaining units that are racially distinct and separate and that is not the way it should be done. But on the other hand, that is what the will of those people is. They want to maintain the integrity of their separateness. It is a tough one to handle. Just like should Florida A & M and U. University be intergrated. It is a tough issue. I don't think anybody is all that wise to know all fits , An AMIn the answers. I think that it is within the realm of the policymaking role of this commission. If that is so, then I ask you sir, aren't you bound by the will of this commission in setting that policy? Mr. Grassie: I am going to have to become a little philosophical with you because you are asking kind of a basic question I think. Mr. Mayor when it comes to actions which are taken by the City of Miami as a government. I have maintained from the first day of being here with you, and will continue to maintain, that policy for this government as set by this body, by you, as a group, and by no one else. I think that I have acted in such a way as to demonstrate that. That remains true so along as we are talking about an action of this government, something which is within the discretion of this government. We have in front of us a case which is different. The discretion by state law rests with the state. The basic question then that we have to face up to ---- Mayor Ferre: We are not agruing that.We accept the fact that this is the state's decision. Mr. Grassie: Please let me finish the point. It is a state decision, and the question we have to face up to is whether or not in terms of that state process, I may have an opinion different than yours. And basically that is what we are facing up to. Let me continue please. We are talking about a process, governed by state law, in which the basic responsibility for making the presentation to the state hearing officer, rests, for good or bad, it rests on the position that I have. It is my legal responsibility to make that representation. Now, the question then is, if there are a number of points of view represented by attorneys from various units, and if the position of the City Commission is entered into the record, exactly as you espressed it, am I bound to not have any opinion, --if I advise you ahead of time that I have a different opinion. Mayor Ferre: Again, that is not the question. No, sir. Mr. Grassie: That is the question for me. Mayor Ferre: Again that is not the question. Look. Nobody denies you the right to object publicly. I don't have any problem with that. Let me ask you this. Did the City Attorney partiicpate in this process? Was there a City Attorney there? Mr. Knox: No, sir. Mayor Ferre: So this was strictly something within the Manager's role? Now, if this commission has set a policy, don't you think, and my question is, aren't you bound to express the policy that this commission has stated on the record. Mr. Grassie: Yes, sir. Mayor Ferre: And just more than just submit a piece of paper with 5 lines saying the City voted on the such a resolution. Aren't you bound by saying, look, my personal belief is this, and Mr. Mielke,--etc. Now, the Commission did have a meeting on this, it did discuss it, and this is their posture. This is the posture officially of the City of Miami before your board. I don't happen to agree with it. Let me put it to you this way. I am not an attorney, but as I understand, if the City Attorney is told, by this commission not to do something, he has to follow this commission's policy even though he doesn't agree with it. As a matter of fact in several cases that has happened. Unless what we are asking him to do is illegal or immoral, ---if it is illegal, he can say you can't force me to do that because that is not right legally. If it is immoral, he can state his position, and resign, or do anything he wants. Now, I don't think in this particular situation, that it is either illegal or immoral. We have a difference of opinion. We had a difference in this commission where it went 4 to 1. The fact is, that this commission has espressed a philosophical point. It stated its opinion, which is the policy of this city. I ask you, in concurrence with Father Gibson, why the policy is this, as expressed by this Commission, was not stated officially as the position of the City. Mr. Grassie: My understanding is that in fact it was presented exactly as you see it on paper. Maybe the question you are asking is, did we defend it as vigorously as you feel it should have been and I think that is a legitimate question. I simply don't know because I wasn't there. 2' MIlY 1 9 107 7 Rev, Gibson: I was there, You didn't say a damn word. Okay. Mr. Grassie: I didn't. Noof course not. Rev, Gibson: I want to tell you that the staff didn't, And Mr. Mayor the illustration or example he used doesn't hold. You don't go out here when you get money from the federal government for public works. The public works man doesn't just go ahead and say we are going to do this. He brings it here, and we vote on whether we want it or don't want it. It is not analogous. And secondly, this commission needs to know, that in Tallahassee, they will read all that Mr. Grassie and Mr. Mielke have said, and that will help influence what the final decision is going to be. Contrary to all this jazz about getting facts, ----we are human, man. And Mr. Mayor listen to this, the County just a few days ago approved the Sanitation Department as a unit, to bargain and deal with. Isn't that right Mr. Grassie? Mrs. Gordon: Are you aware of that Mr. Grassie, that the County has recognized --voluntary recognition of, sanitation employees? Mr. Grassie: I am not sure it has any relevance, Commissioner. Rev. Gibson: That isn't what she asked you. She asked you are you, Mr. Grassie: The answer is no Commissioner. Rev. Gibson: Well, you know what I am thinking don't you? You know what I am thinking man. The public knows. You know what disturbs me, we aren't leveling with this commission, some of us. I'll tell the Commission. Mr. Mayor to save my credibility, you call the County and ask them, and tell the public. Let the public know. That's the way you do it. Mr. Plummer: Mr. Mayor, I think really, you know how I voted the other day. I have always said, that even though I lose the fight, I still then will proceed with the majority opinion of this commission and try to do what is right and best for the City. Mr. Grassie, I know you can call me out of ordar, and if you do, so be it. But I think what we are really faced with here this morning; is the integrity of Mr. Mielke, and whoever this attorney is, obviously, I don't know, that they should come before this commission during the lunch hour, or whenever possible, as soon as possible, and let them express to this commission what their posture was, what their intent was, and let them explain to this commission, since you have not obviously had the benefit of how vigorously they defended the policy of this commission. I think we are talking in realms until we know exactly where we stand and those who are representing you and this commission say to this commission and to the public exactly what is taking place, where they are coming from and where they are going to. I just feel that in the interest of fairness, that that should be the case, that we hear from those individuals who are down there making the presentation. I just offer that. Mayor Ferre: Mr. Plummer, I would respectfully recommend and request that, I think you overkilled in your statement. I don't think Mr. Mielke's integrity is being questioned. I think Mr. Mielke is an honorable man, and I don't think his integrity is on the line here at all. I think what is being asked here is a clarification of obviously what is a discrepancy between the policy of the majority of the Com- mission and the Manager's strong feeling. Even though I voted with the majority, and I voted as a policy matter, I think I understand the Manager's posture. He has expressed very clearly here, that this is a matter of State law, and that he is within the realm of what he can do. I think the question, --and there I am critical of the Manager, as I understand it, and by the Manager,I mean the staff, the Manager is responsible for the staff, --is not the integrity or the intention, but the fact that a representation was made as reported by Father Gibson, which in fact was not complete because it did not adequately express the opinion that this Commission took on Monday. Therefore I think that may a mistake that was made. I would certainly hope that it was not a mistake that made in malice and that it can be corrected quickly and I think at this stage of the game, I don't think we should be questioning the integrity of people or their intentions. Mr, Grassie; Mr. Mayor I wonder if I could make a suggestion that might help. It seems to me that the most eloquent statement for the position of the City Commission, is probably the language of the City Commission. What I would suggest is, that as soon as the record is available in the transcribed form, ---- mayor Ferre; That is a good idea, 22 MAY 12 19n that we, the administration, submit that as an exhibit to the hearing office in its entirety, so that every word of the discussion of the City Commission will be part of the official record for review by that hearing officer. Rev. Gibson: Let me say to the Mayor what I am hearing. Mr. Mayor , that does not answer the question. The question isn't what we said. Let me tell you what you don't see. I work under the same kind of government in the church. The Bishop gives an order, a mandate, and as the priest, I carry it out. If I fail to carry it out the Bishop says to me, Gibson, that is not my mandate. There is a man, a lawyer, who is an Episcopalian. See those two white men there? They were present at the hearing. Mayor Ferre: Again, Father, as you know I voted with you, and I agree with your posture and I expressed myself when I voted and I have again today. I think the question is, the Manager interprets it under the state law. He has a right to express his opinion. I don't think we question that. Rev. Gibson: But he didn't express his opinion as an individual. The record will reflect that he expressed his opinion representing the City of Miami. That is the point I am making. And if you have any doubt, I'll tell you what. Let's drop the discussion, let's get the record, let's deal with the man who was conducting the hearing. Let's ask those lawyers who were there, for all those different people. I don't know the lawyers. Ask them. That is the point I am making. I have no problem with Mr. Grassie saying, 'for me, Joe Grassie, I don't agree with it.' That is fine. But I don't want Joe Grassie to say he is expressing the opinion of the City when we vote. No, sir. Mr. Grassie: Again Mr. Mayor I have to refer you to, ---not opinions, but rather what is written and signed. If you read the two statements, one, is very clearly a position of the City Commission. The other very clearly on its face says the administration's view is, Mayor Ferre; Joe, that is not the question. I think the question, ---and Father Gibson, and you yourself said, that was a fair question, is not whether or not you submitted the City Commission's opinion, in your opinion, accurately which you did on that piece of paper, --the question is, that when your staff goes before the examiner and agrues one side and not the other, and does so stating that he is doing this representing the City of Miami, is he in fact representing the City of Miami. I guess we are getting into legal questions. Is he representing the City or is he representing you? The administration. Because he certainly is not representing this City Commission. Who is the City of Miami? Is it you? I don't mean to become a historian in those.Since you are an Episcopalian, you know, England went through this whole process through several centuries, as to who spoke for the people of England. Was it Parliment, was it the King? That is why we have the division of power in this country. The fact as I understand it, under our charter, which is our constitution, we are a legislative body.Legislative bodies determine laws. And last there is a higher body that determines the law. Now you are saying there is a higher body which is the State Legislature which has determined a law in this. And that is your posture on this. Our posture is, this is a matter that has social implications and matters involved. Therefore, that the City Commission has the right to express, as a legislative body, a legislative posture, and you sir, as the admin- istrator, are bound to carry that position out. Now, it is a question of interpretation of this matter. I really think Father, that nobody questions what you said or what was done. I think it is a legal matter, Mr. Knox that you are going to have to wrestle with and tell us because I think we need to have a clarification of this situation. Mrs. Gordon: Mr. Mayor I think it is more than just a legal matter. It is a moral matter. And I asked the attorney the other day whether our action was legal. I might have had a little foresight in that because I wouldn't want anybody to come back and say we acted illegally in making that motion that we made the other day. And I was told it was legal and Mr. Knox, you reaffirm that now? Our action on Monday was legal? Mr. Knox: In passing a motion expressing your will? Mrs. Gordon: Yes. Mr, Knox; Yes, ma'am. Mrs. Gordon: Yes. I therefore say it more than just a legal matter now, 1t is far beyond that. I ask you Mr. Grassie how you can equate your position in this toAV a n ensi.e tatter with your position at the labor relations meetings that have been held in the past, where you gave to this commission, two or three alternatives to select a position on a particular matter that you were dealing with, the employee's union. And when the commission expressed to you a desire tc proceed in a particular area, you carried that as a mandate, and in this case you feel you don't have to, or don't want to, and even thought I read your letter very clearly and what you are saying, your second statement, it appears to me that you don't exactly say in second statement that you don't agree with the commission's policy, you don't say that. You just think that the sanitation employee's appearance was irregular. That is what you said. Is that correct? Mr. Grassie:I started out Commissioner by saying that the basic point that I had made on Monday with the City Commission was regard to process. Mrs. Gordon: Exactly. That is what I am reiterating, Mr. Grassie: You are right in your interpretation. That is correct. Mrs. Gordon: Now, the point is, Father is witnessing the presentation of the City's position this morning, apparently caused him a great deal of concern because he witnessed the presentation of your prior position, your position of not recognizing voluntary recognition of the sanitary employees union. So this is the crux of the point. Whatever your position is, that you don't wish to recog- nize them, and your bargaining agent, the persons who are speaking for you are affirming to the hearing master your position, that you don't agree with that, or have you instructed them to convey this City Commission's policy. This is the crux of the whole matter. If you can answer that, whether you have instructed them to do one thing or another, I think we can get to the root of what the problem is. Mr. Grassie:Let me try. Mayor Ferre: The Chair is going to rule that it is 11:26 and that we are going to get on to Jesse McCreary who has been here since 9 o'clock. And you think of your answer if you will,and we will come back to it. Mrs. Gordon: That is the crux of the whole thing you have been talking about. If you don't let him answer it. Mayor Ferre: I will let him answer it but I am not going to do at the expense of a lot of people who I can see are getting upset since we have held them back, and this is an unscheduled item. So I will recognize you Mr. Grassie for an answer later l on in the day, and Mr. Knox, you had better get your attorneys working to give us a legal opinion exactly as to where we are at because is involved, that supersedes and gives the Manager the authority to do what he has done, or what he hasn't done, and we don't know for sure yet. I think that is the thing you should get into from a legal point of view, and see if you can come back with some kind of a legal posture. 5, PERSONA!,APPEARANCE OF JESSE MC CREARY REGARDING RECENT PROMOTIONS IN THE POLICE DEPARTMENT. Mayor Ferre: Jesse, I apologize to you sir. It is 11:30 and we have taken a long time to get to you. We have before us a rather unfortunate letter from the United States Department of justice which I am not going to take the time to read. Those of you that want a copy of it, it's available, and I'll submit it. Does the press have a copy? I will submit it into the record in a moment. Joe, would you make sure the press gets a copy of it. I think the first paragraph is very germane. Maybe we ought to take the time to read it. "It is our understanding that during the week of May 2 the City of Miami Police Department promoted 5 people to the rank of sergeant, only one of them was a minority. It is also our understanding that these promotions were undertaken at the time, notwithstanding the provisions of the consent decree entered by the U.S. District Court on March 29, and the arrangements were made pursuant thereto. If these statements are correct, we view these actions with great concern, and intend to strongly consider the possibility of seeking appropriate relief. If these under- standings are correct, the promotions are a violation of the interim agreement",-, and the letter keeps on going explaining what that was. "Since it is our view that the consent decree had the full force and effect of law when entered into by the court, paragraphs that agree do not appear to have been considered in the determination to promote the people."And he refers to the specifics, In addition by letter dated July 28, copy attached, he informed the city that we expected to adhere to the provisions of the decree even prior to its entry by the court. The Mayor responded on September 9, 1976 providing us with ordinance No. 8519, creating the Affirmative Action Board, which clearly seems to be setup to implement the intent of the spirit of the consent decree.From the actions taken by this city, it appears that no comments or opinions of this body was sought prior to the promotion. And a lot of these rather precipitous actions, we ask that the city seriously consider the following actions, NO. 1. rescind the promotions until such time as the affected class members are identified, and so that they can compete with for these positions too. Inform the City employees of the consent decree and appropriate disciplinary procedure if it is violated, so they become keenly aware of the city and the responsibilities under the decree. And lastly, that we, (that is the Justice Department) be informed of the status of, One, the information being gathered necessary to implement the decree, Two, the validation of the selection process within the City and,Three the City intention to rectify the immediate problems with these promotions. Unless we receive some response on these matters promptly, and some assurances of your intentions to abide by the decree, we will be forced to consider alternatives available to us. Sincerely, Drew S. by Squire Padgett, Attorney, Employment Section, for the Assistant Attorney General Civil Rights Division. " I might point out for the record that I want to very clearly say, that when Mr. Squire Padgett of the Justice Department speaks about the City of Miami, he is not speaking about Maurice Ferre and I assume he is not speaking for the four other Commissioners since we have not been a part, or we have not consented, or had anything to do with the decisions that I assume, are administrative decisions. I think what we are going to get into very quickly now, is the same subject that we have been in for the last half hour, and that is, what is the City of Miami, and who makes the decisions around here. Where are we? Mr. Plummer: Mr. Mayor since you and Mr. Knox are addressees in this letter, may I inquire as to when this letter was received, since it is undated. Mayor Ferre: I just received this letter 20 minutes ago, and saw it for the first time and heard about it for the first time about 45 minutes ago when Mr. Knox interruped me and I said excuse me, there is an emergency that I have to listen to. Mr.Plummer: Mr. Knox when did you receive the letter? Mr. Knox: The letter was received in the City Attorney's office about 10:20 this morning. It was delivered by federal express. Mr. Plummer: Thank you. Mayor Ferre: All right, Mr. Grassie first and then Jesse I Mr. Knox.do you want to address yourself to this position, problem. will recognize you. this letter and this Mr. Knox: I can advise the Commission of a few facts which have as at the end of the special meeting on May 9, I was instructed to the City Commission in this regard. Mayor Ferre: Do you want to do that now? occured inasmuch to render a report Mr. Knox: Yes, sir. At approximately 10:30 in the morning on Monday May 9, I was advised chat there were either 5 promotions that had been made within the police department, or were contemplated. At that time I spoke to Mr. Grassie about it, and we agreed to meet following the special Commission Meeting on May 9. We did meet, Mr. Grassie, myself, Chief Watkins and Mr. Bob Krause of_ Human Resources Department. At that time no conclusions were reached regardingthe promotions and each of us was responsible to gain additional information about the status of these promotions. :another meeting was scheduled for 2 P.M. on Tuesday. I was unable to attend that meeting because I was engaged in court at the time. Mr. Alvarez did attend the Meeting on Tuesday. The essential results of that meeting was, that it had been determined that the promotions as of May 10 had in fact been made. The question was whether or not the making of these promotions violated the, what is now called the U.S.A. Consent Decree. I called Mr. Squire Padgett at the Justice Department because there was a supplemental agreement which was entered into on approximately April 22, between the City and the Justice Department which set forth 25 L /1 V 4 el 4 r►" ". the schedule for the implementation of the Consent Decree. And one of the provisions indicated that the City would be operationally equipped to implement the Consent Decree by May 30. The question then became whether or not the Consent Decree was effective at that time, or became effective as of May 30. I called Mr. Squire Padgett, he agreed that it was reasonable to understand that agreement as having an expectation that the City would be operationally equipped to implement the Consent Decree on May 30. But he did indicate that it was his impression that during this period of time, while the City was becoming administratively equipped to implement the Consent Decree, that there would be a so-called freeze on promotions until the City was able to implement the Consent Decree. I called Chief Garland Watkins and indicated to him that it was a fair interpretation of the agreement that the City had, if you will, until May 30 to begin its implementation, based upon its need to gear itself up administratively. I also told him that Mr. Squire Padgett had had some problem because it was his understanding that promotions would have been frozen. The director of the Department of Human Resources,Mr. Bob Krause, had a different impression , as Mr. Krause and Mr. Padgett were participants in the drawing up of this supplemental agreement. Mr. Krause indicated that he did not understand that there would be a so- called freeze on promotions. In the meantime, Mr. McCreary on behalf of his clients had filed a motion for a preliminary injunction in the federal court. There may be a question of fact, which is properly under the jurisdiction at this time of the federal court, as to when the new consent decree, or the U.S.A. Consent Decree became effective. We have an opinion by Mr. Bob Krause, and we have an opinion to the contrary by Mr. Squire Padgett as evidenced by the language contained in this letter. As far as the law department is concerned, inasmuch as we are now under the OW jurisdiction of the federal court and inasmuch as we have a duty to defend any actions which are taken and inasmuch as we presume any actions that are taken is a legal presumption, are valid until they are shown to be otherwise, we are this point, are not in a position to make any kind of determination about the lawfulness of the promotions themselves. Mayor Ferre: Any questions of Mr. Knox of the Commission? All right, Jesse. Mr. Jesse McCreary: Mr. Mayor, Jesse McCreary, from the law firm of McCreary Berkowitz and Davis, 3000 Biscayne Boulevard, I have had some concern for some time as to why the City of Miami did not develop Watson Island, but it is obvious now. This whole administration is an amusement park. A chronology of events: March 29, Consent Decree filed. Judge Eaton said in that order, this consent decree is effective as of the date it is signed. Some question as to the 10 days that the federal rules provide would have put us som-:where about April 8 or 9. April 20th: by letter to the City Manager, over my signature, with copies to members of this Commission, I indicated the following to :.he Manager, 'lastly I would like to point out the provisions of section 12-C as to the effective date. It appears to me, from a reading of the court's order that the order is effective as of March 29, 1977, which in turn leads me to believe that the City of Miami's traditional method of promotion, that is, from a register, has been suspended as of that date, and that members of the affected class must be considered for those vacancies which occur within their individual departments. Thank you for your consideration, Very sincerely, McCreary, Berkowitz and Davis.' No answer to that letter. Unidentified person: What was the date? Mr. McCreary: April 20th. May 2nd: the paper work on those sergeants went in. May 9th, I filed a preliminary injunction and appeared before this commission. May 9th, later in the afternoon, promotions stopped. May loth, promotions made. May 12,Commission Meeting. The question probably is here, as Howard Baker says, what did the Manager know and when did he know it? Now the question is, they are saying we don't know whether the Consent Decree was in effect. By memorandum from the Human Resources Department, dated April 14, long before the promotions are made, to Mr. Robert Krause from Mr. Carlos Arauz, dated April 14, says 'freezing promotions' and I quote for the record, 'since the Consent Decree is in effect at the present time, I feel it advisable to freeze all promotions effective immediately, until we are able to determine in coordination with the Law Department, what is indeed required of us in the Consent Decree and how promotions are affected if in any way by said decree. And they go on to say they have consulted with the Law Department. Now the question is, what did Mr. Grassie and the administration know, and when did they know it? They knew that the Consent Decree was in full force and effect prior to the promotions being made. And there it is in black and white. These things happend on May 2nd. Now, if that is not a clear defiance of a federal court order. 2 -6 L11Y 10 _IC17 And let me add something else. On April 22nd, the Fraternal Order of Police, as they had every right to do, asked Judge Eaton for a stay -order. Stay meaning, Judge, please stop this Consent Decree from being effective as of this date, Judge.Eaton denied that order, denid that motion, which in effect says, check with your law department, --says 1. my order is effective as of the date it was signed. Now, if that is not a clear definance of the law, ----and let me tell you what happened with these. They were walked through Mr. Mayor. They didn't go the normal route. People walked these promotions through. And it was clear attempt to avoid that cutoff date of May 11 when the list died. Now, somebody has to answer to this Commission. I think you have every right to answer the questions. Now, the say we didn't know it was effective. When the promotions were made on May 2nd, their own staff had already indicated that the Consent Decree was effective. Now I am hearing all over town now, the Manager and Staff, and the City Attorney, we all have met. Met for what? After the fact? When did they meet before this happened? I need to know from the City Attorney. What was the advice before it happened. Or we need to know from the Manager, why were the promotions made so rapidly? And I think they are all crucial questions. The unfortunate thing is that we have now made pawns out of 5 men. Mayor Ferre: Mr. Grassie, the implications of all these things are really rather serious, becuase of the fact we are involved with the Justice Department, and all these things in this memorandum. So where are we? What has happened. What do we do now? Mr. Grassie:This seems to be the second time this morning Mr. Mayor that I find myself responding in the sense of really having to pay for the sins of our fathers. If Mr. McCreary were giving me legal advice, then I think his arguments would make some sense. But the facts are very simply are these. One, the memorandum you have in front of you from the Human Resources Department was from a staff member to a department head. That memorandum was carefully analyzed and the conclusions were not supported. Two, I do not get my legal advice from Mr. McCreary. I get it from the City Attorney's office. The City is faced with a very simple dilemma. It has for many years been under the provisions of the so-called Cohen Consent Decree. It still is. It had a list of promotable police officers prepared in full compliance with provisions of the Cohen Consent Decree. Before that list expired, the provisions of what we call the U.S.A. Consent Decree, began to take effect. At that point you have two court orders. Two Consent Decrees, not saying exactly the same thing. But both binding in some way on the City and its actions. In view of that dilemma, the course that we took was, first, to determine as much of the background and fact as we could. And second, to get an opinion with regard with the relative effectiveness of those two decrees. Very simply, the legal advice I received was, that the U.S.A. Decree, the most recent decree, was in a process of implementation agreed to between the Justice Department and theCity of Miami. That process of implementation at this stage today requires that the Justice Department take an action which they have not yet taken. We are waiting for the Justice Department to take that action.And the final date of implementation of the Consent Decree, very clearly, by memorandum, in writing, signed by Mr. Padgett and Mr. Knox, is May 30th. Now, under those circumstances, and with that advice, the choice in front of the City was very simple. Do you abide by the dictates of the Cohen Decree or not, and do you abide by the dictates of the U.S.A. Decree which, based on the information that I received, becomes fully effective in its operations May 30th. With that choice, we had no choice and we put the Cohen Decree into effect. The case is that simple, Mr. Mayor. Mr. McCreary: Mr. Mayor, let me, ----now, Mr. Grassie is an able administrator. The simple language of Judge Eaton's order says, with a section 'effective date, as of the date of signing.' When the F.O.P. filed its motion asking the Judge please stop this proceeding. Don't make it effective now. The Judge denied that motion. And when he tells you now about Cohen, let me explain to you. I don't know anything about administration. I know a little something about law. The Cohen decree was an agreement between the City of Miami and certain plaintiffs. The U.S.A. Decree was an agreement between the USA and the City of Miami. If the plaintiffs in Cohen did not object to the procedure used in U.S.A. the City has no right to go back in there. Mayor Ferre: Jesse, you are not talking law. And I guess we now have to go to our City attorney and ask him whether he concurred with that legal conclusion. Mr. McCreary: Well, Mr. Mayor, do this. Ask your City Attorney whether you violated the law, the Consent Decree. Somebody has to bite the bullet. 2KI ! MAY 1 9 1077 Mayor Ferre: Those are two questions now. M. McCreary: What did the Manager know and when did he know it? Mayor Ferre:Let him answer the two that you have already posed, then you can ask the 3rd. Mr. Knox: By way of providing some additional information, one of the things that necessarily must happen under the new Consent Decree, is that members of the so-called affected class, must be identified, before any promotions or selections can be made under that decree. By agreement with the Justice Department, the City of Miami was given until May 30 to identify these members so that it could implement the consent decree. The major question at this point at this point is, whether or not there was an understanding by the City of Miami that until this decree was ready, administratively, to be implemented, that there would be no promotions made, if those promotions would be impacted upon somehow by the Consent Decree. Mr. Krause expressed an opinion and so did Mr. Squire Padgett. Mr. Squire Padgett and Mr. Krause participated in and drafted the agreement that we are talking about, which extended the time until May 30. Mr. Suigre Padgett of the Justice Department indicated that the only reason that he agreed to extend this time for implementation until May 30, was because he believed that no promotions would be made until that time. The essential question is, whether there was a freeze, or whehter there should have been a freeze on promotions, during this period of time that the City of Miami required to become available to implement the Decree. Mayor Ferre: Now answer the second question. of the law, or the agreement. In other words the Justice Department, in United States vs. Decree? Was there in your opinion a , does in effect our consent the City of Miami supercede violation decree with the Cohen Mr. Plummer;Very simply what I have to know, does Mr. Squire Padgett who is not the court, have the right to change the wording,I accept what Mr. McCreary says as being correct, does Mr. Squire Padgett have the right to set aside what the Court Order says? Mr. Knox: Again, Mr. Squire Padgett is the monitor on behalf of the United States government, of the whole process of the language of what is to be accomplished by the consent decree.Mr.Squire Padgett also recognizes that the City at the time of the entry of Judge Eaton's order on March 29, did not know, by name, the individuals who were members of the affected class that the Consent Decree covers. Mr. Squire Padgett and the director of our personnel component, agreed that the City would be able to provide this information by May 30. The Consent Decree, as far as the law is concerned became on or about April 8th, or April 9th, 10 days after the signature. Mr. Mayor let me get to the question you have asked. As Mr. McCreary has pointed out and as I pointed out earlier, we are now under the jurisdiction with regards to this question, of the federal court. The only thing I can do is tell you what the facts are. I cannot reach any conclusions of law because the judge might reach contrary conclusion. Mr. Grassie: In answer to your question Commissioner, try and reach a procedural conclusion as I understand it. Because I am simply reflecting to you the advice that I give and I think that you should know the basis for my actions. My understanding is that Judge Eaton has specifically told the parties not to come back to him with every little problem they have. He has specifically told them to work out the problem and he has charged the parties to do so by agreement. Now, in answer to your question, Commissioner, Squire Padgett does not have, I would assume, the right to set aside the Judge's order. What he does have the right to do is to implement it. As a matter of fact he is charged with the responsibility to implement it. And I don't want to draw any parallels to other discussions we have had, but that is his responsibility. And he does have to decide how that order is going to get implemented and he is not going to go back to Judge Eaton every 5 minutes to ask the Judge how he is going to impelement it. Now, under that circumstance, Squire Padgett has signed an agreement with the City. The basic thing the City Attorney told you was that Mr. Padgett and Mr. Krause drew up the agreement. The agreement does not say that any promotions will be frozen. Mr. Krause states that at no time was it the intention of the parties that promotions be frozen. Apparently Mr. Padgett remembers it differently. Mr, Padgett, although he didn't include it in the agreement, and there is not written record any place that that was intended, now feels that that was intended or should have been intended. And that is the dilemma we have. 00 Mg. McCreary: Mr. Mayor, you have to straighten him out. Mayor Ferre: In a second you will have the right to straighten him out. Then we ate going to move along to other things. In the meantime I need to ask a question. Mr. Grassie, in your opinion then, as you have seen this thing, admire= istratively, you have done what you had to do under the circumstances. This is Mr. Krause's recommendation as I understand it, and you are following under a very difficult situation the best course that you see available to you and to the City. Is that correct? Mr. Grassie: My understanding Mr. Mayor is that I have no legal alternative. Mayor Ferre: You have no legal alternative of what to do? Mr. Grassie: It is not a question of discretion. It is not a question of voluntarily doing something. Mayor Ferre: You are not the lawyer. Is that your legal interpretation of this? And you have so advised the City Manager? Mr. Grassie: In fairness to the City Attorney, he was represented by the Deputy City Attorney at the last meeting. Mayor Ferre: You want Alvarez to answer that? Anyway you want. It is up to you. Mr. Alvarez: It is really a simple matter. By the time we met, which was yesteday, the promotions had already taken place. Mayor Ferre: The promotions had to take place, I would imagine in such a delecate matter with your concurrence, Mr. City Manager. Right? Or was that done without your knowledge and your concurrence? Mr. Grassie: Mr. Mayor I am not going to stand behind a procedural question or technicality. Okay? I am stating that the promotions were made based on my authority. Mayor Ferre: Okay. Mr. Grassie: The point that the City Attorney is making is, that in fact we have hundreds of promotions that take place. In fact the promotion process occupies about two or three weeks and that I never see any promotion documents,unless something very exceptional, ----and I have never seen these promotional documents. Mayor Ferre: Certainly this is exceptional since you know we are right smack in the middle of a Consent Decree with the Justice Department. Mr. Grassie: Mr. Mayor I have said to begin with, I am not avoiding responsibility based on a technicality. I am assuming responsibility for the decision, but I am also telling you, what the City Attorney is saying to you, is that the fact of the matter is, that the promotional process goes ahead and it is not something that is brought to my attention on a one -by -one basis. I would never know that these things happen. But I am not saying that because of that technicality, that I am avoiding the responsibility. Mayor Ferre: You came to a legal conclusion and you made a statement that the bottom line, as Plummer likes to say, is that you said that you found that you had no choice legally. I then said well then, that is a legal question. Let's ask the City Attorney. You said in fairness to the City Attorney he was repre- sented by the assistant. I said that is up to them, to decide who answers. Mr. Knox passed the microphone over to Mr. Alvarez. Now, I ask you Mr. Alvarez, don't tell me it was post -facto. I want to know in the opinion of the legal department of the City of Miami, is the conclusion that Mr. Grassie just stated into the record, that he had no legal choice. Do you agree with that? Yes or no. And then you can tell me all the reasons why. Mr, Alvarez: Yes, we agree. Mayor Ferre: You do agree. You can tell me all the reasons why, Mr, Alvarez; Because the question is, whether the police officers in question, MAY 121g7 7 and Mr. McCreary sue us, or whether the other party sue us. As the Manager said before, the promotions had already taken place. So it is a 50/50 chance. Mr. McCreary: Mr. Mayor this same Deputy City Attorney, I sat in a meeting before with him and I indicated to him to tell this Commission the truth. I indicated to him, that he has you as a client, and what you are not getting is good, solid advice. Nobody is willing to bite the bullet here. They are playing games to pacify people. You know, the thing we ought to be about, is telling the commission the truth. Ask your lawyers what the effective date means. Nobody has answer that question yet. The Manager, the lawyers, no one. Mayor Ferre: Furthermore, I think the important thing, in this letter as I read it, was, look. Would you listen to this just for a second. This is really the crux, and I think this is what Jesse is saying. On page 2, in the middle of the page, it says, in addition by letter dated July 28, copy attached, we informed the City that we expected it to adhere to the provisions of the decree even prior to its entry by the Courts. The Mayor responded on September of 1976, providing us with Ordinance 8519, creating the Affirmative Action Board. From the actions taken by the City it appears that no comments or opinions of this body was sought prior to the promotions. So I think what the government is telling us, is two things. No. 1 they told us prior to this time, that we were bound by the provisions, ----that adhere to the provisions of the decree, and in answer to that, we said we were creating an Affirmative Action Board, and now he is saying we didn't go to the Affirmative Action Board which is part of the Decree procedure, which he told us back in July of 1976 that we had to adhere to. So I just don't understand dik NO. 1. I am not going to question it because I am not a lawyer, but the English language is pretty clear,and if this is so, then I ask you how you can come to that conclusion. And if it is not so, tell me why not. If this is so, Mr. City Manager, ---- Mr. Knox: I can tell you how we arrived at that conclusion. Again, at the time that the advice of the City Atto rney's office, regarding these specific promotions was sought, the promotions had taken place. We were no longer in a position to advise of the propriety of making the promotions. We are now in a position of defending in a lawsuit which is currently open, our position and administrative position that had been taken. We are certainly, as attorneys, not going to admit any culpability on behalf of the administration, prior to a determination by the Court. Mayor Ferre: The logic of it, doesn't follow, and I am not a lawyer, but somehow we went from Mel Reese to Paul Andrews. We have gone from City Attorney to City Attorney, and here we are with a new City Attorney and a new Assistant City Attorney and a new City Manager, a new Consent Decree, and new everything. Mr. McCreary: The same Jesse. Mayor Ferre: The same Jesse. We end up going in the same circle. It is amazing. I can't fathom the whole thing. It is beyond me, but somehow it doesn't seem right. We are under the mandate of the Court. We do have a Consent Decree. We agreed to follow these things. and all of sudden, you haven't said it, but the implication is clear. The people under you in the police department have gone ahead. They have made decisions. The lawyers are asked about the legality of it after the fact, not before. We get letters from the Justice Department saying they are going to sue the hell out of us for violating what they very clearly expressed to us. You write letters for me, or somebody did, and I signed it last year, saying we have an Affirmative Action Board. Evidently we haven't gone through that in this procedure. We have to stop. We go to bat. We are just going to keep on doing it for ever and ever. But by God, and it is nothing personal because this is not you Mr. Grassie, or Mr. Knox, or Mr. Alvarez but the fact is we keep on battering our heads against the same brick wall. Mr. Grassie: Mr. Mayor in addressing this question I had one very simple thing that I wanted to know, and that is, what is right. What should the City do. And what it really came down to was, what set of rules are you operating under? What governs. What is the law. What tells you what you should do. Mayor Ferre: What is the intention. Mr. Grassie: And the answer to the question of, what is right at this particular time which was a day ago, was, that you are now operating under the Consent Decree called Cohen, that you will be operating under the full terms of the U.S.A. Consent oil May 30th by agreement with the Justice Department and today you operate under Cohen. That was the answer. Mayor Ferre: That is not the spirit of what we agreed to do, Joe. Mr. Grassie; Without consideration of law, it is a question of what you can do. What can we do? Mayor Ferre: That is exactly the point. What you are saying is, what you wanted to do, is what is just. Justice is something that deals with the law, and the law of men in this case. What I am saying, and what I have been saying all along is, yes, we have to do what is just, but we also have to do what is right. What I am saying is, we are binding ourselves to the technicality of what is just under the exacting interpretation of very complicated legal matters. But the fact is that we keep circumventing the intention of what we are trying to accomplish which is, without violating the rights of individuals, attempting affirmative action, upward mobility if you will. Minority incorporation into the decision - making process, starting at the bottom and going to the top. Now we have five policemen that are moved up to sergeant, and the question is, whether or not it was done in the spirit of what we have been about, and this commission represents for the past I don't know many years. Rev. Gibson:Mr. Mayor let me make a comment I hope we the commission will live with and place it on our walls so that when we go to bed at night, the last thing we would see would be that, hopefully, and maybe some of the members of the public would do it. This comes out of the Bible, 'the letter liveth, but the spirit killeth.' What this administration has done and continues to do, is to live by the letter of the law, and not by the spirit of the law. A thing which they do not understand, is laws are made as guides. And the thing that really disturbs me, beyond a reason- able doubt in my mind this morning, is that this doggone administration, has no empathy for the problems we face, we have had over the number of years, and that we have come face to face with as of this day. And all you have to do is listen to the arguments that you get. All you have to do is listen. The letter is in bold print, but the spirit we have washed down the river. Down the drain. As clear as the nose on your face. Mr. McCreary: Mr. Mayor can I say this and I'll be through? My letter of April 20th attempted to avoid a confrontation of this kind. Mr. Grassie will recall on page 2 of that letter I indicated that I was notifying him of person who wanted to avail themselves of the Consent Decree, the provisions. And I asked him in the second paragraph of that letter, if there is confusion about this, I am happy to discuss this procedure with you at a mutually convenient time. And I poured out my heart. I said listen. I want it to work. There are no guidelines. Let's talk about the guidelines. Not an answer from the administration. Then we would not have had this problem, if someone had stepped forward and said McCreary you have the wrong interpretation in this thing. Then we wouldn't have that lawsuit that I just filed and the other one that I am going to file this morning, if something positive is not taken. I have them here to serve on everybody. So now we find we find ourselves in court three more times, because I have three more lawsuits, and everybody is going to get theirs this morning. Mayor Ferre: Is there anybody else that wants to speak on this issue? Lt. March, do you want to address the Commission on it? Let's give him an opportunity to address the Commission. Lt. March:I prefer to refrain from addressing the Commission until such time as some motion comes forth. I have heard a lot of discussion here and I am aware of some of things concerned here. We do have concerns as the F.O.P. But in the absence of a motion that is going to change the fact that the five officers were promoted, I have no comment. Mr. Reboso: Mr.Mayor I am ready to make a motion. Mayor Ferret Let's get a motion on the floor, if there is going to be one, Mr. Plummer: If you put a motion on the floor, then I must talk to the motion and what I might have to say might not be to the motion and I don't want to be ruled out of order at a later time, Mayor Ferre:I'].l recognize you J,L. We are not going to run that kind of operation, L L M aV 1 9 1077 Whatever you want to say, this is too 1 Mould like to get on, because it is two or thtee hours and we need to get Motion. iftpottaut a thing to get oft technicalities. 12:15 and we have people waiting here for on to other items, Why don't you make the Mr. Reboso: Mr. Mayor, in view of the fact that in my opiniofi that was not the intention of the City Commission. When we went ahead with the Consent Decree, I would like to follow the recommendations of the Justice Department, and move to rescind the promotions until such time as the affected class members are identified and so that they can compete for these positions. I so move. Rev. Gibson: I second the motion. Mayor Ferre: We have a motion and a second. Now, would you Mr. City Attorney rule on the legality of the motion then we will get into discussion. MR. Plummer: Let me understand the question being proffered to the City Attorney. If I understand the question being asked the City Attorney, is 'Mr. City Attorney does a commission have the right to counteract a decision of the administration? Am I understanding the question correctly? Isn't that basically what we are saying? Unidentified: Right. Mr. Plummer: Just so we are on the same road. Mr. Knox: As I understand it, the motion was that these promotions be rescinded until such time as the City is able to identify members of the affected class. That motion would appear to represent again the will, or opinion of the City Commission. The question is whether or not the administration of the City is bound by this of kind of a legally bound,by this kind of an expression of the will of the City Commission. One of the duties of the City Manager is to administer the affairs, --he is the Chief Executive, or Chief Administrator of the City, and certain decisions are discretionary, and those decision cannot be countermanded by an official act of the Commission, but the Commission has the power to express its will. Mr. Plummer: I didn't understand the motion to mean the will. I understood the motion to be mandatory. Mayor Ferre:I would recommend that the maker of the motion amend his motion so that is be a matter of expressing the policy of this commission rather than making it mandatory. And then it will be conforming to the legal aspects. Is that right? Mr. Knox: That is right. Mayor Ferre: Will you amend your motion, and the second? Mr. Plummer: Under discussion, I understand that it is the request of the Commission that the manager reverse his decision as it relates to promotions. Do I understand the motion correctly Mr. Reboso? Mr. Reboso: Yes, sir. Mr. Plummer: Okay. My comments are not necessarily to the motion but it would be the general philisophy of the conversation here this morning. The danger of bringing up items that are not on the agenda, are always great. I think Mr. McCreary will attest to the fact when he called me, that I felt he, should be heard here this morning, I say that definitely. But let me tell you the way I see this, Jesse and to everyone. As before in the item that we spoke of, the key person who must answer is not here, Unidentified: Who's that? M. Plummer: Squire Padgett, May I finish? I gave you the courtesy. It seem like to me the court order is very clear, very plain, and it states that this order shall take effect as of the date of signing, Obviously after that fact, and the question I asked prior, did Mr. Padgett have the authority to extend a ruling of the court the answer was a modified yes to wort it out. The disagreement of intent, either i. HAW 4 n 41X.11 by design or accident,that there was a misunderstanding, that Mr. Krause did not in any way understand that there would be a freeze contrary to this memo but Mr. Padgett did understand that there would be a freeze. We have two 280° opinions. Even though the credibility is not there, by virtue of this memo, I have to feel that Mr. Krause,(well, I do know him), Mr. Krause understood there was a freeze and by virtue, of this letter and the threats therein con- tinaed by Mr. Padgett, he definitely understood that there would be a freeze. Now, the point I am trying to make is, that the intent of what was said or done can only be answered by that individual who in fact participated in a two-party negotiation. I think this Commission should not run off half cocked of what we would like to believe Mr, Krause had in mind, and what Mr. Padgett had in mind. Because in lieu of that, I have to believe only one thing, that the prevailing opinion is that of the court, and any promotions that were made subsequent to April 8 were in violation of the court order. And I don't see how we can sit here and make a decision where two people who sat down and made an interim agreement, or call it what you want, without them sitting here telling us yes or no, because Mr. Padgett's letter I assume speaks for his position. It very obviously, and I am drawing my own conclusion, which I should not do, wa not his understanding. We have a memo from Mr. Krause saying the freeze in effect so it must have been his understanding. Mr. Grassie said this was an administrative matter between two people, and I accept that. But how in the devil can I make up my mind, if to something was right or wrong, without the two people being here that made this so-called interim agreement. And in lieu of them not being here, then I have to go back to the court order which is very plain and very simple. Rev. Gibson: Mr. Mayor as the seconder of the motion, and always the guy who wants to compromise, let me tell you something. You have the same deal here, that I brought to your attention. Here's what I would like to do. I would like for the maker of the motion, if he will, to withdraw that motion and make another motion to have called meeting of this commission and I hope the paper will acknowledge this time that I asked for the called meeting. Not that that is important. Bring Squire Padgett here at his mutual, agreeable time, ----by this Commission, and Mr. Krause. And at that time, the buck stops right there. And Jesse, if we have been suffering all these years in our lives, we could wait another week. What will happen is we will then go down in the history of this community, unlike some of the other people. I know, they say black folk are the most patient people in the world, but I want to make sure my white counter part understands that truth and righteousness will prevail and win at all costs and if takes you ten thousand years. There is a saying 'truth crushed to earth will rise again.' Mr. Reboso: Father let me ask you something. Mr. Krause is here.Why don't we ask Mr. Krause if he agrees with what Mr. Padgett is saying in the letter or not. Mayor Ferre: While Mr. Krause is coming up, what we are talking about is sergeants. Right? Mr. Manager can we ask Mr. Krause? Mr. Grassie: Yes. I would suggest since Mr. McCreary has passed out a communication from Carlos Arauz, who is the assistant director that he speak to that memorandum for just a moment, then let Mr. Krause come. Mayor Ferre: A1. right Mr. Arauz, I'll recognize you then Mr. Krause. Mr. Arauz: Mr. Mayor and members of the Commission, this memorandum dated April 14, was written from me to Mr. Krause. Mr. Krause dictates the policy for the Department of Human Resources representing the Manager and it is part of my duties to implement them. As a staff member of that department I sent this as a discussion item as you can see at the bottom. I will be glad to discuss this matter with you. This was April 14. 0n April 18, Mr. Krause and I met for a long period of time to discuss the pros and cons of freezing promotions for the City of Miami because you are aware we have approximately 4300 employees. Freezing promotions is a very serious matter. Mr. Krause argued that it might be sensible and I agreed with him that these promotions be taken on a case by case basis. This was agreed on April 18, that they would taken, there would not be a freeze in promotions and they would be taken on a case -by -case basis. The agreement with Squire Padgett, between our department of law, and Squire Padgett for the Department of Justice took place April 21st. I felt this should at least clear a little bit in the mind of the Commission. Mayor Ferre: All right, Mr, Krause. The question through the Manager, to you from Commissioner Reboso, as I heard it, was do you agree with Mr. Squire Padgett's position? MJXV 9 9 1077 l guess; specifically speaking to the freeze. Mt. Krause: Mr. Mayor and members of the Commissions this matter is even much more complicated that what it appears to be. The very narrow question of whether I agreed that there was a freeze or not, the answer is no. This was a subject that was discussed internally within our department, specifically between Mr. Arauz and myself. During the last two months that I have been in Miami, I have had extensive discussions with members of the Law Department about the meaning of the consent decree. I have extensive discussions with operating officials in other departments of the City government to try to understand their problems. I had almost two days of discussion with Squire Padgett when he was in Miami a few weeks ago. Some of those were in the presence of other attorneys. Some of the discussions that I had with him were private between the two of us, while we were attempting to work out the memorandum od understanding. The new consent decree, I think all of us have looked at it, understand that it is very complicated, it is going to be very confusing to implement. I think all of us have approached it with a spirit that we would do our best to implement the letter and the spirit of the Consent Decree and that we would attempt to serve the best way possible, the interest of the citizens of Miami, the effectiveness of its operations and the decisions in the Consent Decree itself. It was in that kind of spirit, we con- cluded that there should not be an absolute freeze, that we should review promotions on a case -by -case basis. Several promotions have been stopped during the interim period. Others have been allowed to go forth because they were essential to the operation of the City. Mr. Plummer: Mr. Krause, I an looking for a very simple answer. At any time, and I am assuming that this interim agreement which I am now reading, was basically entered into between you and Mr. Padgett, with the approval of the City Attorney. Mr. Krause: That is correct. Mr. Plummer: All right, sir. Now, very simply, Mr. Krause at any time during your, you wish to call it negotiation, or discussion about this interim agreement, did Mr. Padgett be led to believe, that there was a freeze until May 30th, was there discussion as to a freeze until May 30th, or was there any indication or implication that anything other was going to be the case i the discussion between you and Mr. Padgett? ofi Mr. Krause: Not by me sir. Mr. Plummer: There was no discussion about a freeze? Mr. Krause: No, sir. Mr. Plummer: There was no discussion that you wouldn't make any promotions? Was there any discussions that promotions could be made until the 30th of May? Mr. Krause: No. Mr. Plummer: Then I am understanding that you left it in a complete void? Mr. Krause: That particular subject was not discussed. Rev. Gibson: Mr. Krause, let me ask you this. How do you reason? Now, you are a professional man. We brought you here. Great guy. How do you explain to the Commission the timeliness of the promotions? Mr. Grassie: I don't know that he should be asked to, ---but if I may comment on that Commissioner. Rev. Gibson: Just before you do Mr. Manager, he was explaining and he was involved. It was told that he was the guy, --he is the second party to this Padgett. Isn't that right? I would like for him to answer. Such an important matter of this, he would have been bursting at the seams, forthwith. Let me hear you, my brother. Mr, Plummer: Mr. Mayor, let me say this to you. As Father says, the English language is pretty clear. Mr. Mayor if you read the title of this interim agreement, it is pretty clear. In no way did this interim agreement set aside anything that was in the order of the court. This interim agreement only speaks, and let me give you verbatim, 'interim agreement concerning procedural steps for compliance.' All this yL: interim agreement in my estimation, unless I am wrong, and I will be happy to be corrected, is not a delay for implementation. It is merely a delay for how it shall be complied with, Now, am I right or am I wrong? Mr. Knox: That was the reason that we tried, and it concerns itself with procedure. And in that is also contained a schedule for the implementation. Mr. Plummer: If in fact the Consent Decree became effective the 8th day of April, and that is what I understand. Am I correct in that? Mr. Knox: Yes, sir. Mr. Plummer: This agreement is not for the delay of the implementation, but a delay to determine the procedural steps for compliance. It is pretty clear to me. Mayor Ferre: It is 12:30. We have a 2 o'clock session, and we are still not through with the moring session. Mr. Plummer: You have made the comment three or four times. Mr. Mayor I have sat on this commission for 7 years, and I don't know of anything that has taken up more time of this Commission, or more important to this Commission, that this which we are discussing, and if we have to go through lunch, and give up lunch, to try to establish, Mayor Ferre: I have no problem with that. All I am trying to respectfully urge is that what can be said in 2 minutes not be said in 10. That is all. Mr. Plummer: I will try to comply with that Mr. Mayor if others will. But all I am saying to you is, once again, I don't know how this Commission, can allow itself to fall into a position of trying to understand what somebody meant, with that somebody being here and saying what they meant. Mayor Ferre: All right. I understand your position, and I think perhaps we can ask Squire Padgett to come here and we can discuss this matter at this time. I don't know whether the events will hold up that long. I am going to put it to you this way. And Father I am going to be stepping into you area. St. Augustine used to say one time, he used to have a prayer. St. Augustine used to say, when he was praying to the Lord, he would say,'Lord, I am a sinner, and I want you to save me, but not quite yet.' He wasn't quite ready yet. He wanted to be a sinner a little bit longer. I think that the problem is, with us here, we are a little bit like St. Augustine, in some places in the City of Miami. We have a Consent Decree coming and we want to be good fellows and do the right thing, but we have till May 30th, not quite yet. The Lord save us, but now quite yet. And I am saying that,look,---the hour is late, this matter is way past due. I am not pointing any fingers or blaming anybody, and I will recognize you in a moment to make your final statement. But here we are years later, there's still only 87 black policemen ? Jesse, how many black policemen do we have these days? Mr. McCreary: Maybe 82, less than we had when we started. Mayor Ferre: How many black police sergeants do we have? Mr. McCreary: Maybe 2,--3? Mayor Ferre: How many? Mr.McCreary: Eleven, ---- Mayor Ferre: We have been struggling with this thing for years and years and years. We just don't seen to be able to get ---we go through Justice Department, Civil Rights Commissions, front-pages of the newspaper, editorials, --we struggle through all of this, we have hearings, police hearings, new Manager, new Attorney, new head of the Union, new police chief, ---we are still floundering. We are like Moses and the children of Israel, before God decided to bring them in. Mr. Plummer: St. Augustine said please don't let me talk more than 2 minutes. Mayor Ferre:I want you to look, Plummer at the transcripts and see the difference of the words, and the length of your statements vs, anybody else's before you start 907,1 1LA V w 0 9A9 A MIP • criticizing anybody. I think it is time to bring this to a head. Lieutenant you are entitled to say your bid, and Jesse wind it up and let's bring it to a head. Lt. Don March: You know in police work we deal with modus operandi, m.o. 1 am concerned that we are developing one here that every time I get up to speak, we are cautioned to hold things down to two minutes. Mayor Ferre; You go ahead and speak. Lt. March: I waited patiently to listen to all there was to offer on the subject. It is a very important subject. My name is Don March, I am president of Walter E. Headley Jr. Miami Lodge No. 20 of Fraternal Order of Police. I have numerous concerns. One is an item, that potentially, adversely could affect members of my organization. Such an item is not an agenda item. We don't have the opportunity to prepare an advance, to address all that is going to come up here. My attorney, is an attorney who has been actively involved this, cannot attend because he is involved in a PERC hearing, ma city business in another location. I am not an attorney but I will address as best I can based upon my recollection of events as they have been communicated to me in my observations to some of the concerns we have. I have concerns when it is cited in a letter that, the letter from Mr. Padgett. We informed the City that we expected it to adhere to the provisions of the Decree even prior to its entry by the court. Where was this concern as to promotion from the existing register. Where were the people who had expressed this concern when we promoted members of variuos minority groups from that same register? Why Or didn't some one come forth and say stop these promotions now, because you are pro- moting blacks, you are promoting Latins. I don't know we have promoted any women. Where is this argument, and why didn't it come forth? The register we have now I would remind you, is one that was developed through the Cohen edict which was a consent decree. Its a test given by the University of Chicago, an outfit that the affected class involved in the Cohen Decree were given the opportunity to give a thumbs -down to, and did not give such a thumbs -down to. The test they gave were in fact at a later date, at the direction of this Commission, studied, scrutinized and validated by a separate group in which was significantly represented, ---minority people represented, when they validated these same tests. The register in existence is one consistent with civil service rules and regulations which yielded in part to the Cohen Eecree. We proceded logically through the existing register for the entirety of the duration of that register, for a period one year. We come to a position and it has been customary practice, acceptable practice by us and the Civil Service Board, that when vacancies occur they are filled from that register. Vacancies were in existence for these 5 promotions. The promotions were made consistent with a 011 practice that had been going on consistent with the Cohen Decree, consistent with Civil Service practice that we have generated and evolved for many years here. Why is it now, that with these five, they all of a sudden become obejctionable? Why are they different from all the promotions that have been made since we have had the University of Chicago, since we have been dickering about the Consent Decree? Since we have been trying to find out what the Consent Decree means? I think that if you are to talk to the various representatives of the Law Department, that it has been a contention of the fraternal order of police throughout the Consent Decree, that there is confusion, as to what is inovlved, what takes precedent. How does the Consent Decree conflict with Cohen? What is the authorative edict? Which federal judge is correct when it comes time to promote somebody? I haven't heard to my satis- faction that we have resolved that problem. It is, and I am sure you are aware it is our intention to continue to pursue, enlightenment as to what governs and how we go about this business of promoting people. Meanwhile we still have to do some- thing about providing a level of police service consistent with the kind of community, if my assumptions are correct, you would make a Miami like New Orleans is New Orleans, and San Francisco is a San Francisco. What happens if we, in this city become the kind of city that people don't want to come to because of the level of police service is not consistent with a pleasant visit. Consistent with that, there is a need for adequate supervision, supervision in the numbers consistent with the work force, and I believe these promotions are made consistent with staffing a police department so they can go on about their business of doing what has to be done in the city until such time as the courts, the attorneys decide what is the new promotion procedure. We don't have that now. What we did have was something under Cohen, what we did have was something under Civil Service, what we do have is a contract between the City of Miami and police officers that says, the Consent Decree will not in any way diminish the existing rights. There is a specific article in there and I may be paraphrasing it. But to rescind the promotion of five police officers to the rank of sergeant, you are diminishing their rights. You are adversely affecting them, based upon a lot of contentions by attorneys as to what law made by judges means. QV IL nu t w u•=1.a And I don't think you have the authorative information to adversely affect these five individuals. Now, the register has expired for both of these. There is no register in existence to make any further promotions and it is my understanding, we argued against it, but it is my understanding that no such promotional exams will be given for 90 days. So at least 90 days there will be no opportunity to continue doing this if this in fact objectionable and we would be asked to believe that it is. I do not subscribe to that. I would strongly recommend that you don't do anything to adversely affect the 5, and that we go on about the business of finding out what this consent decree means in the next 90 days. Mr. Plummer: Let me ask a question of either Mr. March or the Manager. We are using the term 'five.' Mr. Manager do you have any idea how many are affected from April 8th. In other words have there been promotions from April 8 until yesterday? To your knowledge, of course? Mr. Grassie: Unless I looked at the record, I would have no reason to know that. My assumption is that promotions have taken place on a routine basis. The only ones that I know of the 5 that are in question. Rev. Gibson: Mr. Mayor out of fairness to that question, I demand that the police department forthwith give us that information. Mr. McCreary: Mr. Mayor, let le enlighten the Manager if he doesn't know has happened. Mayor Ferre: You have to bring this to a head. Mr. McCreary: That's what happens. Nobody ever asked a question. He wanted to know whether or Mr. Grassie: Mr. Mayor, there is Mr. Arauz, maybe will be able to Mr. Arauz: To my knowledge those since April 8th. Mayor Ferre: April 8th of what? Mr. Arauz: 1977. a person from answer that. are the only It is almost one. tells you the truth. Mr. Plummer not there had been other promotions. the Human Resources Department here, 5 promotions that have taken place Mayor Ferre: I think in answer to one of the questions that you asked, (people could speak for themselves) but why people were not upset when minorities in the past were promoted. I think the answer to that is because it is within the spirit of what the Consent Decree was trying to do. 0f course people didn't object. But this is not in the spirit of the Consent Decree according to their opinion, and that's what we are determining here. One, is it within the spirit of the Consent Decree, two if it is not within the spirit, are we legally bound as stated or should we try to reverse it? It is just that simple. Lt. March: How about my question? I did specifically identify and let you know that there were minorities promoted, but there were other promotions prior to and subsequent to that. And as you are reminded, one of the officers who was promoted May 4th, I believe, Sgt. Cabrerra. He is a member of what I am led to believe is a minority group. So he is adversely affected by whatever you do here. And that is not consistent with the spirit. Mayor Ferre: The intention of this, is not to say that only minorities are going to be promoted. The intention is that according to what we have agreed upon, with the Justice Department, that, what past wrong we have done, and we didn't contest them, are hereby rectified. It isn't that we have admitted to anything. We have had the United States Civil Rights Commission, Florida Division, coming here and give us a report, which I know a lot of people question. But the fact is that we have an awful lot of evidence or certainly of implication, that the City of Miami has not been the most enlightened place in the world with regards to upward mobility of minorities. We don't need to go through that all over again. But here we are, almost at the threshold of what is supposedly an important breakthrough and just as Father Gibson said, at this particular time, we have five promotions which in effect don't live up to the intent. The question is, should we do anything about it, Mr. Plummer said we should have Mr, Squire Padgett here. I think that is a valid point, Mrs, Gordon said we should call a special commission meeting. I agree with her, I 1111v 4 _AM am= Because this has already gone on for an hour and a half. We are not near a conclusion on it. We have other people who also have rights to be heard. And they have been here 3 or 4 hours waiting. I would respectfully recommend to the maker of the motion, that at this point we have discussed this long enough. Either we bring this to a head a vote upon it right now, and get it over with, or call a special meeting to continue discussing it. Mr.Knox: Mr. Mayor may I make two brief statements? The first is, I spoke to Mr. Padgett yesterday, and he had planned anyway to be in town this coming Monday. He will be in the city this coming Monday. The second thing I wanted to say is related perhaps to the motion, and once again we will revert back to a situation that occured earlier this morning, about a passage of a motion to set forth the Commission's policy and if indeed there are lawsuits imminent regarding this matter. And again your City Attorney will be in a position of having a policy of the commission, framed in such a manner it would be impossible to defend, or to allow an expression of the position that has been taken by the administration regarding these promotions. Mrs. Gordon: Mr. Mayor it appears the longer we talk the more it becomes apparent that we are spinning our wheels. I would like us to,if you would, call a meeting for Monday when Mr. Padgett is here and we will adjust our personal schedules to, --- Mayor Ferre: Rose the only problem, the only concern I have with that is that we continually are cast in the roles of being the villains, when in effect I think this Commission has traditionally and I am talking about not only this commission, but previous commissions, have continually tried and voted to try to change this status quo. Jesse you are a witness to that if anybody is. That certainly is the will of thiscommission,has been consistent, going way back, and voted, and voted and voted, or these things and yet these things don't end up happening. I don't want to be cast in the role now, because don't you see, what we are going to end up with, is here is Squire Padgett, but big gun coming down from the Justice Department to force us to do what is right. And what I am saying is, good God, if anybody has been trying to do what is right, it has been this City Commission, and I speak not only for myself, I think for all of us. The times I have been up in Washington to see Squire Padgett, with Paul Andrews and John Lloyd, the many meeting: we have had, the Civil Rights Commission, the Affirmative Action, our position in the Cohen Case, and on, and on, and on. Yet we still end up in this posture of being the bad guy. The point is that what is happening, is contrary to the will of this Commission, and yet it keeps on happening. The point is this. I for one am perfectly willing to cast my vote today because my mind, ----I have expressed my opinion. I am perfectly willing also to call after the vote is cast, a Commission meeting on Monday and discuss it again and /r reverse the vote, listen to Squire Padgett and do the whole thing over again. Mrs. Gordon: Mr. Mayor if you are going to do that let's not bother taking our time on Monday. Let's just skip it. If we are going to cast our vote, state your position, let's do it. If we are going to do it on Monday, let's do it on Monday, but let's move. Mayor Ferre: What is the will of this commission? Mr. Plummer: I offer an amendment to the motion. I would like to amend the motion Mr. Mayor to read that this Commission, is very concerned with the letter received today signed by Mr. Drew S. Days and Mr. Squire Padgett in which the obvious con- clusion must be drawn that the action by the administration is contrary to that of Mr. Padgett who I am informed serves as monitor. Mrs. Gordon: It is a long motion. Mr. Plummer: And the Manager be instructed to rethink this matter over, as it is drawn in the conclusion of the letter. I offer that in the form of an amendment. I have proffered an amendment, either I get a second or I don't. Mrs. Gordon: Make it short J.L. Mayor Ferre: Play it again Sam. Mr, Plummer: My amendment if I can make it briefer, (excuse me, St. Augustine) that this commission is concerned, by the letter of Mr. Squire Padgett who serves as monitor and in his recommendation, contrary to that of the administration's decision, be once again considered by the administration for possible action. key', Gibson: What kind of action? Mr. Plummer: I see it as either one of two. Either they uphold what they have done, or possibly reverse it. You see, Father, let me tell you something. Here is the way I honestly feel about this situation. We the Commission did not make the decision and we the Commission cannot reverse the decision. Rev. Gibson: But we the Commission set a policy. Mr. Plummer: Father that policy was set when we agreed to the Consent Decree, Mayor Ferre: I am going to call this all out of order. We have a motion on the floor. Is there a second? Mr. Plummer: You have an amendment. Mayor Ferre: I am sorry. There is an amendment to the motion. Is there a second? Mrs. Gordon: The amendment was to direct the Manager, correct me if I am wrong) direct the Manager to, considering the letter before, ----to amend or change his previous postion. Is that correct? Mr. Plummer: Basically that is what it is, but Rose I am giving the latitude to that individual who made the decision, and only that individual, ----- Mrs. Gordon: I second the motion on that basis. Mayor Ferre: There is an amendment motion, which has been corrected,----seconded,-- this is an amendment to the prior motion ---the question stands before us. Any further discussion on this amendment? Mr. Grassie: One comment Mr. Mayor. I am concerned that this is cast as if were my volitional action . Mayor Ferre: Of course not, Joe. Mr. Grassie: The point I am making is this. I hope this motion passes. What I will do is seek another legal opinion. If I get a different legal opinion than what I got before, I will change my position. Now, ---but you have to understand that what has taken place so far, strictly based on the legal alternatives that were available to me. If I get a new alternative, I will be happy to do it differently. Mayor Ferre: Under the amended motion, ---further discussion. Call the roll please. The amendment motion by Mr. Plummer failed to passed the following vote - AYES: Mrs. Gordon and Mr. Plummer. NOES: Mr. Reboso, Vice -Mayor Gibson and Mayor Ferre. Mayor Ferre: Would the Clerk read the motion previously made by Mr. Reboso and : seconded by Father Gibson. Ms. Hiari, Assistant City Clerk: The first motion made? Is that correct? Mayor Ferre: Yes, ma'am. Ms. Hirai: A motion of intent that the City Commission, to rescind the promotions of the five police officers until such time as the City has been able to identify the members of the affected class. Mayor Ferre: That motion was further amended when the City Attorney expressed the fact that we could not rescind. All we could do is recommend that the Manager recon- sider. So the motion then reads, not that the Manager rescind, but that the Manager reconsider. Is that correct Mr. Knox? Not that he rescind, but that he reconsider. We can recommend that. We can't order him to rescind it. Mr, Knox; That is correct, Mr. Plummer; The motion you are proffering now is that the Manager reconsider his decision. I don't see how you can make it any briefer than that, In relation to the five? 4 a dinmtle Mri Mteteafy: No, No, Otte second. i1ufiafi Resources did nOt tell you the truth Mt, Mutter, I keep telling yot o—,.. =a= Mrs, Gordon: That's why I want a special meeting Jesse because that could not all come out here today, Mr, McCreary: They told you nobody else was promoted after April 8. On April lath, a sergeant and police officer Edward Westby was promoted. Mayor Ferre: Jesse, you are interrupting a procedure which is now started, We are under a roll call and I am going to instruct the Clerk to call the roll. Mrs. Gordon: We haven't finished discussion Mr. Mayor on this motion and I want to hear Mr. McCreary's opinion on this because he brought this matter before us. It was an unscheduled item and we are entitled to all the information, possible in order to make a decision. Mr. McCreary: What I was saying Mrs. Gordon is that Human Resources said that only 5 people had been promoted since, ---- Mrs. Gordon: ----that's what I heard, ---- Mr. McCreary: ----April 8th. Mrs. Gordon: You have different information. Mr. McCreary: I am representing to you that on April 13, 1977 a Mr. Edward Westby was promoted to Sergeant. Mrs. Gordon: I would like to offer a substitute that this matter be tabled until Monday or anytime the Mayor calls a special meeting for this purpose. It is impossible for this Commission to come to a sensible conclusion based upon half facts. Certainly for all the people we are dealing with. We are not dealing with inanimate objects. We are dealing with human ;beings and their lives. It is incumbent upon us to have all the facts before we mare any decision. I move to table this motion. Rev. Gibson: The motion to table is now debatable. Mrs. Gordon: It was tabled to a time certain that the Mayor would call a special f meeting. Monday is okay with me, but it would have to be his decision. Rev. Gibson: The motion is that this matter be tabled for a time certain. The Mayor is upstairs. Why don't we make the certain time now as part of the motion. Mr. McCreary: sir. Vice -Mayor may I say one thing, in light of the Commission's not taking any action which definitively defines what it is going to do. I am going to procede from here to federal court to file a motion to set aside pro- hibited acts and a motion for the judge to issue a contempt order for Chief Administrative Officer of the City, Mr. Grassie. Mrs. Gordon: Say that again. Mr. McCreary: In light of the fact, the City has not stopped these matters this day, Mrs. Gordon: These 5 promotions? Mr. McCreary: There are 6, because one on April 13th violated too, Mrs. Gordon: Are you sure that's all there are? Mr, McCreary: That's all I am aware of. I don't have access to all this information. Mrs, Gordon: That's why I asked for Mr, McCreary: I have to protect my Hopefully have Mr, Grassie held in fully for the court to avoid those a Monday meeting Jesse. clients, and this is the only way I know to do it, contempt for violation of a court order and hope Prohibited acts, Mfg: actdoiit t want to say; t personally apologize to every person bete that has been waiting since before li o'clock on matters related to the scheduled agetiida. We have only covered trio items of the scheduled agenda, A and B, and we still have C,D;E and F of the morning agenda, which we have not even touched upon. Mr. Plummer: Let the just put on the record, because the City Attorney is saying how are we going to put something on the record in defending an opinion he gave and the Commission is saying to the contrary. He is going to have an impossible situation. Well my answer to that is very simple. He is entitled to give his opinion and we are entitled to give ours but when the chips are down he has to defend our policy. Mr. Knox: Can I speak to that? Mr. Plummer: I think you had better. Mrs. Gordon: You are not speaking on the motion. You are just speaking period. Mr. Knox: I am speaking to the concern that Mr. Plummer just indicated that the City Attorney's office had. There has been an action taken. A personnel action which is administrative in nature which is now before the court. The proprietor of that action shall be determined by the federal court. The Commission is deliberating or considering making an expression of policy which is contrary to the position that was taken by the administration. I am charged with the duty of defending the actions of officials of the City of Miami. I didn't have a conflict between defending an action and a policy by the Commission. Mrs. Gordon: We understand your dilemma. You have one side and Mr. Alvarez will have the other. Mayor Ferre: As I understand it, it is a motion to table which takes precedence over any of the motions at this time. There is not discussion on the motion to table, call the roll. Mrs. Gordon: We have to have a time certain. Mayor Ferre: No, ma'am. Mrs. Gordon: I asked for it. Mayor Ferre: You may ask for it, but I am telling you under the by when there is a motion to table that takes precedence, ---- Mrs. Gordon: I made the motion sir and the motion included a time certain. Mayor Ferre: I will call the meeting on Monday at 10 o'clock if the motion passes. But I think that motion may fail. So let's call the roll. What time do you want it? Two o'clock? Monday at 2 o'clock? Ms. Hirai, Assistant City Clerk: Mr. Reboso. Mr. Reboso: No. Ms. Hirai: Father Gibson, Father Gibson: No. Ms. Hirai; Mrs. Gordon? Mrs, Gordon: Yes, Ms, Hirai; Mr. Plummer? Mr, Plummer: Yes. Mayor Ferre; I vote no. Lp, March; Mr, McCreary was afforded the opportun comment$. I would like a similar opportunity. Mayor Ferre: All right. Go right ahead. Ut. March: The Fraternal Order of Police steadfastly has defended and will continue to defend the preservation of merit selection for promotions in the City of Miami to guarantee the level of service consistent with making this the kind of community that is fit to live in. The mere promotion procedure that is in existence, that these 5 men were promoted from, was something developed through a consent decree and through evalutation and validation by this commission and people assigned just for that purpose. You are going to adverse affect 5 people who have been assigned supervisory responsibilities, have a reasonable expectation to continue in such position and you are going to demote those people by this motion. I would express to you, that I have sincere concerns. I don't come forth and make threats and I am not going to contend here that I am going to do this and that. We are going to do whatever it takes to contain or preserve merit selection. Mayor Ferre: Lt. I might point out to you that we cannot mandate the Manager as to what he is to do. We can only recommend by stating policy. If however, he's already expressed that he has no other choice legally, and the legal department expresses an opinion, unless the legal department changes, he may not be able to do anything about it. On the other hand, because of the letter we have gotten from the Justice Department and the matters that have been expressed here this morning, this Commission, ---the majority is going on record. There's no further discussion. Mr. Plummer: Mr. Mayor sinceyou are obviouslynot Y picking up what Lt. March is saying, I want to tell this commission the truth and I think it is something that should be known. Mr. Mayor based on what is done here this morning, action or no action, the police department unfortunately, is being torn apart. There is almost war among its members and I will tell you, that it is not for you or for me or the administration, but the people who will suffer by that action or inaction, are the people of this City. Mayor Ferre: You'd better believe it. Mr. Plummer: Mr. Mayor there is nothing else that I low of that Mr. March could have been more truthful, that our department is being just completely disrupted in its operation by these kind of actions. Mayor Ferre: These kind of actions should have been corrected twenty years ago and we wouldn't have these kind of problems today. Mr. Plummer: Mr. Mayor that is very true. But the thing you are saying is, that it is not the people who are here to make or break the situation. It is the man in the streets. He waits for the information to be filtered down to him, that is completely concerned about his job, his livelyhood and goes for both sides. It doesn't go for one side or the other. Mayor Ferre: I well recognize how very hard this decision is. How very hard all these decisions, Mr. Plummer: No, Mr. Mayor not this decision. The decision was made months ago. Mayor Ferre: Can we please call the roll now? Ms. Hirai: Vice -Mayor Gibson? Rev. Gibson: Yes. Ms. Hirai: Mrs. Gordon? Mrs. Gordon: I am not going to vote with this motion. I explained my position before. I don't feel that we have received all the information we need. WE are in effect placing ourselves in a very precarious legal position, and with all those things in mind, I cannot vote with the motion. It has nothing to do with the social issue, or the individuals who are waiting to be promoted, and have not been promoted. Its unfortunate that we have gotten to the place where we have today and that we are being placed in a the position that we are, but we are here and I can't vote for it today. I would liked us to have gotten all the information as I had requested and to sat down at a time we could have heard all the stories, all the sides of the issue, and we have not been allowdd to have that, so I vote 'no.' 42 Mr Plummer: My vote will be predicated upon my opinion of the motion being totally, totally, irrelevant. You have heard the expression of the Manager who made the decision and is the only one who can reverse that decision, that he had no other alternative But if an alternative is offered to him by the legal department; he will then concur by any new ruling. This commission had no authority in my estimation to interfere, -not with Mr. Grassie, with the administration procedure. It is clearly outlined in the Charter. And I will vote 'not because I think it is at best an attempt to do something through the back door that we can't do through the front door. Ms. Hirai: Mr. Reboso? Mr. Reboso: Yes. Mayor Ferre: I think this is a moral issue. I think the Commission has to express its moral position and exert its legislative prerogative of expressing what the policy of this commission as a whole is to be. The way this motion is phrased, it is not a mandate to the Manager for action but a recommendation expressing .a will. I think this will is consistent with the position that this commission has taken for many years. In 1974 I met with Mr. Squire Padgett in Washington to discuss the possibilities of the Justice Department coming into the City of Miami for the purposes of hammering out a Consent Decree to correct some of what was perceived at that time as the problems of the City of Miami with regards to affirmative action. We have gone through the whole process. It has taken almost three years. It has been a long, arduous, difficult process. We finally arrived at this point. We are at the threshold of it. It seems to me inconsistent with our previous position, but at this time, we should on a technicality shirk the moral responsibility that we have had, and have accepted all along this long, difficult road. At this stage of the game I am certainly not going to take any different position that I have taken in the past four years and therefore I vote with the motion. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 77-400 A MOTION REQUESTING THE CITY MANAGER TO RECONSIDER HIS DECISION REGARDING THE PROMOTION OF THE FIVE POLICE OFFICERS UNTIL SUCH TIME AS MEMBERS OF THE "AFFECTED CLASS" IS IDENTIFIED Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: Mr. Plummer and Mrs. Go -don. ABSENT: None. Mr. Plummer: Jesse, just for the record, if you would, the Mayor was out of the room when you served the Manager with the papers. I think for his edification you should tell him what you have done, whether on the record or off. Mr. McCreary: What I have served on the Mananger is, what I call protection for my clients. I am going to file in federal court just for protection. I filed a motion to have the court set aside what I call prohibited acts. Two, a second motion calling for the contempt of the City Manager as chief administrative officer of the City for violation of the court order. Mayor Ferre: That is a legal matter. You are the lawyer You are entitled to protect your client. RECESS; The Mayor called a 5 minute recess, The meeting reconvened with all members present, 43 for a group of people. 61 REPORT BY ATTORNEY GUY BAILEY ON BALL POINT LITIGATION, Mr. Guy Bailey: Mr. Mayor at the direction of this commission, in September, of 1975, I filed on behalf of the City an action against the St. Joe Paper Company and other defendants who were subsequent grantees of property located at the mouth of the Miami River, which is referred to generally as Ball Point, which also includes land on which is constructed under a 99 year lease Du Pont Plaza Hotel. There are other parcels of property owned by other people, who are included in the statutory grant to the City of Miami, which was made by the State of Florida in 1919. The matter came on before subsequently retired Circuit Judge Harvey DuVai and he entered an order after allowing us one amendment at which time we added some additional parties, dismissing our case on the grounds that we had allowed a 30-year curative statute to expire. Based upon the theory of the defendants, in the case, January,1944 was a target date or a key starting date for a 30-year statute. The 30-year statute was passed during the 1960's. According to their theory, in January of 1974, at a period of time when, as I understand the records, the some administrative personnel I think who are no longer here, were studying the question at Mrs. Gordon's behest and others, the 30 years under this theory ran. We filed an appeal with court of appeal for the 3rd district which located here in Miami. Extensive briefs were filed. I have sent to each of the commissioners a copy of the initial brief which I think is some 100 printed pages. I also sent them to the City Mananger and to the City Attorney, to the individuals who are no longer in those positions. When I was asked last to come to report to you, we were at that time pending oral argument on this matter and in fact we had oral argument on February 24 of this year. An order that Ok was signed on May 3, 1977, the Third District Court of Appeals dealt with the 8 issues of appeal which we had raised. The first issue was a technical one. They felt that we had been given one chance to amend, we couldn't amend, and they would reverse on that ground. The second point which was whether or not the yacht basin which was not included in fact at the time of 1944 conveyance. It was not even real land above water at that point, whether that was covered. They felt that under the decision that was rendered, partly under the decision that was rendered this year by the Florida Supreme Court in another case, that that was not a good point for appeal. They ignored the Judge's reason for his rulings which was the City was estopped. They would not deal with that issue. They said they didn't care what his ground was. They were going to rule on the record as they saw it. They indicated that they thought another statute which had been cited in support of the decision was not appropriate to be dealt with, and they passed that issue. They passed another issue which was not even argued in support of their position on appeal by the defendants and finally on the basis of a decision rendered in February of this year by the Florida Supreme Court. They found the City of Miami is not either a delegated trustee of an agency of the State within the meaning of the Marketable Title Act. So they passed several of the issues, ruled against us on several of them, but on the major issues conceded that the matter is one of great public interest, and in a separate certificate, and following a specific revision of our Florida Constitution, they have certified to the Florida Supreme Court which means the Florida Supreme Court will hear it, should the City ask for it. And I can assure you on your behalf I will promptly be filing a petition for writ of certiorari. They indicated this. Decision of this court passes upon a question of great public interest, whether the marketable title act, Chapter 712 Florida Statutes,"is constitutionally applied when it is held to prevent the claim of a city under a statutory land grant from the State of Florida, granting the City all of the states' rights to submerged land, including waterfront and riparian rights." Judges Pearson, Haverfield and Nathan signed that order. It is my function as a lawyer now to file a petition which enacts or makes effective this certificate and I will file that. We have until June 1st or 2nd to file that peition, after which time briefs will due within 25 days in the Florida Supreme Court from the City. The defendants will then have appropriate time to file a brief and we will file a reply brief. I would gestimate that this matter will then come on for oral argument before the Florida Supreme Court, probably this fall. I am guessing. There is no way for me to tell. Let me explain to you very briefly, the major reason for this decision by the 3rd District Court of Appeals, at least the cited case they quoted from extensively, was a case called 0dum vs. the Deltona Corporation. That was made final by a divided 4 to 3 decision of the Florida Supreme Court in February of 1977. Deltona had a claimed land underneath lakes inland up -state. The issue in the case was whether or not those lakes were navigable waters. If they were navigable, then the State's innate rights, as trustees for land under public trust, would have pre- vailed. If they were not navigable, then the private property owners could keep the land. Since the State had declined even to put them on a map, as a lake, in an official survey, the lower Court in Tallahassee ruled that they were not navigable, therefore the State had no interest in them. They were not under the public trust doctrine and therefore the State of Florida had no interest in them. The Supreme Court of Florida affirmed that in a decision in which three of Justices were in the majority decision. Three of the Justices were in the minority decision. There was a deciding vote, and that was Associate Judge Melvin of the appellate court. He was with the. 4/3 opinion in favor of the private property owner there. Mr. Justice Karl who was then on the Florida Supreme Court or shortly would be, did not participate in the decision. So we have the determinative case in which only three of the justices of the Supreme Court have ruled in a position that could be argued to be against the City. Three ruled the other way. Mr. Justice Karl has not ruled on this issue. Presumably he would sit in a case of this magnitude, and the entire court would sit. So if you assume that case is against us, and I argued unsuccessfully to the court of appeal that is wasn't against no matter which side you took, and I still believe that is correct, and I think that can be upheld there. If you believe it is against us, there is a 3/3 and toss-up with what the new Justice will do. So the case as I had felt from the beginning, I think all of us realize, would eventually be decided by the Florida Supreme Court and it may conceiveably go the United States Supreme Court depending on the outcome, will be I hope, before this year is out, resolved there. We are technically the appellant or the petitioner, so we will go first and last. But we were the one seeking affirmative relief. We are still in that position. It would inappropriate for me to speculate as to what any one Justice of that court might do or what the court might do on our facts which I submit, are different. I think the reason is important. The court in the opinion, have decided against us, said, that someone looking at an inland lake might not know, and what the State had done would be determinate. But if he were looking at Lake Okeechobee, and this was their example, which is a large lake, a large body of water, it was obviously navigable. An obviously navigable body of water, puts everyone on notice of navigability. My position in the Third District, they have seen fit to overrule it, was that if Lake Okeechobee is obviously navigable, it seems to me perhaps Biscayne Bay and the Atlantic Ocean might also. And I believe under those circumstances that any private property owner would be under notice of navigability of this water, and therefore under notice that the public has an interest in it. And that's our route of title, the public interest in the underwater land. So I feel confident and comfortable in arguing this position on behalf of the City. As I think you have witnessed in the past couple of hours, the English language perhaps is not so clear, and lawyers have great difficulty in predicting what is right even after it has happened. I have no difficulty. I don't think many lawyers would have difficulty arguing this decision with this position, with a straight face. I think we are correct. I think the Court ought to rule for us. And we will hopefully know before the year is out. Mayor Ferre; I am very encouraged. I was expecting to hear something rather negative f that we had lost in the lower court and lost in the Appeallate court and we did lose, but not that bad really. Mr. Guy Bailey: I think it is right now where it has to be decided on an issue of this magnitude by the appropriate court and how to predict what that court will do is a game I prefer not to engage in, but I feel comfortable with the position that the City has. Mayor Ferre: Maybe you will go down in history books. Mr.Bailey: I hope to go up in history books. Mayor Ferre: I guess that really should be rephrased. Get the English language changed. Any questions. Mrs. Gordon: I would like to commend Mr. Bailey if I might on behalf of this Commission and myself, particularly for his diligence and for his effectiveness as an attorney. I compliment you. Mr. Bailey: I hope the bottom line will justify your compliments. Thank you. Mayor Ferre: Congratulations guy and good luck to you, 411 • isP P SHE P ATJ MAPWtOk; M1 CHeLL AND COMPANY Au ia' Or Ferre: Alright Peat, Mar+•ridk and `itdheii j •eti leave Items s uG and F the tor. this ar terrloOn: "'ihc ` S gbin�s td a e the esentation? Are yot ? Mr. Powell: yeS sir. ML'. "• ayor Ferret you are `1r.• Powell? Powell: no. ttret going to just introdude ?l a'_n�_' '��itj;• ve2gets 'Bever is the engagement 'partner of the •City udit and 'ur_asSOd ate.'?r. Gilbert is the engagement Manager --and as Mrs: Gordon referred to..me she last meeting as the .fellow g .. r flow ,.ham doles the talking "l t going to do the listening today. Mrs. Gordon: Who is the •other gentleman?..• Mr. Gilbert and ,ho? • Meyer: 'Mr. Jergens Meyer. Mrs, Gordon : How do you spell your name? Br. '.Beyer: "Jergens Meyer". `!aycr Fer_L: "-Br. Jergens Meyer lets begin backwards `---ibt:s begin with Pk conclusion --had you in your diligent work found any substantial dif- ferences of any kind between your report and that as presented by the administration? Mr. Me.%er : No have not.. Mrs. Gordon: Ok, may I start at the beginning of that --since you went te- t e end. At the beginning; of your report on the second page of _tour letter to us, I would like to read: •--' ad :'e performad the additional procedures or had we made an examination of the financial 3-- :__.-lent _n accordance with generally .accepted auditing standards other Matters might ha-ie come to our attention that would have been reported to you' why didn't you do it the way you say you didn't do it? •,r Meyer: 'Irs. Gordon the charge that we understood was the Audit De- partment in Recreation 3ond Fund and those bonds which had been scent under our own = r__essional respcnsibi l ""s --what we're saying 13 we did not audit the entire records of tale C: ty of ni arli , for~the e.^_tire period covered by this retort --we did not c_ o into every disye_ser;ent or audit in the general fund in other funds of the City looking for expendi tures on the narks for people or parts of the City. `Brs. Gordon: Question, on the expenditures as they are outlined in this report you did not then look to see and verify where they were spent. with t:'e proper back up mate-4 to give that information tc •�,-Meyer: The expenditures that are listed in ..his retort 'Je have --we stated that we have vouch apooxi".?ate_y 90% or 951 o_ at the back uC --what we are saying are we did not aud' the `Miami,:n- ira books o= _.:eCityof '�_w...l. ,fcr the entire period. --we feel v.er.. el ve Comfortable with the -ar ounts tha we're recorded. +- ` rs. Gordon: :•?e_l, I don't :eel cc'm�ortab_e with .your. report -: r7n th_rk that this statement at the end of your report maken . rAYe worth an _thing, I is the C:}l �7 'F 1. f re T t we ro a Under . -- �* ..'%..E O... -�o= =*;� r ,.�.,� rSSli,- �.....-er Z specie: '/ e of reccrt when we have not done .iceir ar ras ; . t.7 l 1 *'f n 9 T^ n r • a» yr=r. Yrit 4- T }, l - r '�rs , Cos -.or; , e--,zt. >; ,tot - e ;.4-t,, . -- > o- r - --• r.: R y ^ �"'.�''1 . '.. s. rteel . 4 ;-. r 7 1 a !e • s.t •.. - L •-• 'T .'y er � •'' " t, � '3 . �'': .,.,.. 3r � ,,dot-}'�S C- s.txr.., �Q. t.�.`:�._,•u•t ',x,.v., =aS _. �:r,.. xw �+ - s-t:� ,,. tr,n - r�, wC wa t rr,r :1 t na a �•- s.�ra � you ,.t,..,�q-e.r .,.. ,..z!",yr4�Ci s,x,.7 _J .tf:�t �Vt�t 1 tee,Prtt•-t'% rEq?'1 V� t :'11` ?"r ;oS�' =you rY It matter how you slicet --the fact is that the Manager's records and figures were accurate --that they portray an accurate picture now I know thats not the result you wanted out of this whole thing. 'Its. Gordon: No 'Mr. Mayor I have evidence of another type right here before me which indicate that there is reason for concern --when you ask for a complete audit you want a complete audit and I don't think that we've received it. Mayor Ferre: Alright, you are entitled to your opinion. '•tr. Manager... Mrs, Gordon: No I'm not referring to your report when I made that com- ment; I'm referring to another matter which has to do with budgeting and bonding issues, etc. and so forth. 'That would it take for you to com- plete the report and make it complete ---because you see you lead me to wond-. er what are you talking about when you say other matters might have come to our attention that would have been reported to you --vou see you haven't done anything more than ask for in my opinion a xerox copy of whats in the Budget Department --it would have served just the same -- :when I call for an audit I want an audit which is complete. Mayor Ferre: If they did that that would be cure dishonesty and you'd be not only subject to being disbar or... Mrs. Gordon: Dishonest to have an audit! Mayor Ferre: No no --now listen to what I said now --don't --see you're putting words in my mouth and coming to conclusions that you want but thats not what I said --I said that if they --Peat, Marwick and Mitchell had done what you just said that that would be an act of dishonesty to / take the City of Miami's budget and the Manager's report and xerox copy it like you said... 'ors. Gordon: It amount to it --I didn't say they did it, I said it a- mounts to it. Mayor Ferre: If they did something that amounts to that, that would be dishonesty --they would not --these people could be dismissed from their professional standing and I'm sure that for this little dinky account they would not take that kind of ,a chance. 'ors. Gordon: Exactly what I said before --that is why they put this statement in here at the end of this letter in order to clarify their position and its understandable thats why its in here and I call this to the public records so that anyone reading it may understand that I quest- ion that. / '4r. Meyer: Mrs. Gordon, to that statement is taken from what we operate under which are generally accepted auditing standards. When we say we did not perform a complete audit, for us to say that we have gone through every record for that period you're talking about, a oomplete audit for the City's Books from the inception of Parks for People until this date is a massive task. Mrs. Gordon: And in that same letter there is a statement --'we agreed the expenditure under the Community Development Grant to the reinburse- rent request' may I ask you since you worked on it --did you reconcile the receipts from the County as well? Mr. Meyer: Ue did not see any receipts. 'irs. Gordon: Well there certainly was because the County has contributed in some areas of the City with Community Development Improvements. '•lr. Meyer: The amounts that are recorded as have been spent for the narks come basically from the Community Development Block Grant the -- Federal Grant. Mrs. Gordon: Yea, so I'm asking vou did you get --I see vou --I notice vou did report the Federal Grants/ but did vou reconcile the community Development Grants from the City and the money that were spent in our City Parks that came from the C')unty --thats what T'm asking. 'qv-, never: As far as 're know there were no County money that came in the City that were expended, Its. Gordon. In the parks at all. Mr. Meyer: No. Mts. Cordon: Did you Check with the County to see if there were any :honey that were spent in the County Parks, Mr. Meyer: No we did not check with the County. Mrs. Gordon: I mean the City Parks. Mr, Meyer: No we did not check with the County. `trs. Cordon: The value of this report in my opinion has not been ful- filled with this report. The value that we would have anticipated to receive from this report cannot be realized because it isn't complete. Mayor Ferre: For the record it is my opinion that this matter started out as a political matter and continues to be a political matter. Mrs. Gordon: Maurice you need not bring up politics since I'm not run- ning for anything and you are. Mayor Ferre: My opinion in this matter --its a political matter has been and continues to.be a political matter --in my opinion the adminis- tration has fulfilled its obligations and gave us an exceptionally fine and detailed report --this matter was blown out of proportion --we now have a Peat, Marwick Audit that cost us $5,000 --is that right? I under- stand that the difference between what you found here and what the manager found was $5,000; ironically enough and that is 1/50th of 1% of 1, the total amount and we've gone through all of this stuff --we've had editorials in the news papers --we had major news stories coverage on it► --obviously now that we've gotten this audit there won't be any mention in the paper there won't ne any editorials. Mfrs. cordon: On schedule too Mayor, on the page which --the first large pane in the book --in the fourth column in the fifth line from the bot- tom it has #6 --you see it? Mayor Ferre: Yes. '•Mrs. Gordon: And if you take the first column and you subtract the second column you come up with 16. So you know you're looking at an audit which there is a very simple subtraction there. Mayor Ferre: You're talking about Wndwood Park under appropiate balances? Mrs. Gordon: I'm talking about the large sheet --the first large sheet. Now this a simple thing, its just a few pennies really, but never the less it shows an error here and I don't know whether to... Mr. Meyer: Would you mine explaining to us where you are. Mayor Ferre: Oh my goodness 1 think we should have this whole thing com- oletely reauditad. Mrs. Gordon: No, come on now 'Maurice lets cut it out --I'm simply point- ing out a matter that I saw in my examination of this --I didn't go and add up all your columns --I didn't subtract all your columns its just -- when I saw a single number, it drew my eye and I looked at it to see what itwas.-... 'tr. Plummer: Let just ask one simple question, Mr. Jergens Meyer since you did this report sir --is there anything in your eamination --any- thing, that maybe would 1pad_vnu to hP1i_eve that something is not.. rar feet ly right by intent or design or accident; in other words, what I'm -asking You sir --is there any reason in your estimation of the 7liahtest degree -that would give an indication that we should dig deeper? '+r. 9eyer : nn the basis of our results we saw nothing in those expendi- tUres for the parks .and from the funds that we identified coming from that was in anyway excused. We were able to identify those items and looked at the supporting documentation agreed with from our reading of that documentation that they -iere applied to the proper, , , � l f11I 4 t a 4IA Vi Mrs. Gordon: Mr. Jeens Meyer you're absolutely certain and you test,, ify to the fact that all the expenditure +•'ere spent indeed for park ins proveinent inside of the parks and not fot some other capital improve= tents, is that correct? Mt. Meyer: Based upon the docuimlentat? On '•Thigh we review, yes thats our conclusion. Mrs. Gordon: Based upon the docufientation•that you were given is that what you said? Mr. Meyer: The documentation that supports all of the •City's expendi- tures which are normally invoices or Work which identifier the type of expenditure --we looked at those to see whether Or not We agreed appear- ed reasonable for that park. Mr. Plummer: Anything else? Poor man standing here figuring about his subtraction and addition and... Mrs. Gordon: Could we go to? Obviously. there is nothing further we can expect you to supply us from this is a completed job --correct? Mr. Meyer: Thats correct. Mrs. Gordon: Ok, Mr. 'tanager, I would ask you that you would provide this Commission with sone information --related finandial matter. but nct a matter that is part of the park funds per money but a matter that has to do with the $7,000,000 that was passed by the voters of the City of Miami, in 1970 for --specifically, for pollution control and incinerator facilities, and if you would supply this to us, If you would, kindly bye le next meeting --how much of that bonding has been used, how'much has been sold, how much is left and what has been used --what its been used for. Would you be kind enough to do that? Mayor Ferre: Any further questions? Mrs. Gordon: Ok? Mayor Ferre: 'Mr. Powell we want to thank you and Peat, Marwick, Mitchell and :Mr. Jergens Meyer for your diligence --thank you -for complying with the City's request as you did with the speech that you did --are there no further questions? --so we check the report, I don't think we have to do it formally. Is there any need for anything else '•ir. 'tanager? You have any questions? Mr. Grassie: Not unless the City Commission wants us to make a con- parison between the results of our previous report from this audit. Mayor Ferre: Yes! I think that might be a lot of fun --why don't you make the comparison. Alright, and I would appreciate You're making the comparison available to those who are the Editorial Board of the Herald, and the News and attach them to their editorial so that they can look them over one more time. Mr. Grassie: We can do that right now if you would like. Its a very simple comparison. Mrs. Gordon: Yes furnish it when you furnish us with the information about Ordinance #7864 which has to do with the $7,000,000 incinerator bond money. Ok, that would be a good tine to have it. Mr. Grassie: I'd be happy to Commissioner. 1 t ftV 1 3'. P EktNTAT t oNs, PROCLAMAT ONs } ANrj S PEC I AL I TVIs t x Presentation of a plaque to 'irt. Opal M. Grubb; Finance Depart. tent, upon her retirement after 16 years with the City of `•1ian i. • Presentation of a Girls Clubs Day proclamation to Ms. Geraldine Sweet, Executive Director, Girls Clubs of Greater Miami, • Presentation of a Municipal Clerks ?Meek proclamation to Mr. Ralph Ongie, Clerk of the City of "Miami. Presentation of a Fusion Dance Company Day proclamation to Ms. Mary Luft, Co -Artistic Director, Fusion Dance Company. Presentation of a Celebration of the Creativity of Human Spirit Week proclamation to Mr. Max Forman, Director of Handicapped Pro- grams for the City of Miami. F. Presentation of a Commendation to Max Forman in honor of his de- dication and commitment, above and beyond the call of duty, to the Handicapped Programs of the City of Miami. 9 EE1CUENTRO CUBANO - ASSOCIATE DEAN DF ARCHITECTURE AND PLANNING OF UNIVERSITY OF "TAM! REQUEST FUNDING, Mayor Ferre: ...who was here to talk about ReEncuentro 1977. SPEAKER UNKNOWN: Thank you very much sir the Mayor and Mr. Commissioner. As you know last year the City of Miami and the University of Miami co- operated in the development of ReEncuentro Cubano 1976 with the support o1 a grant from the National Endowment for the Arts. The program was ex- tremely successful and this year again, the Federal Government is support- ing this festival with the same grant, for S1,000 --University of Miami is being asked to organize the activities and we would like to request •• from you the same dearer.: of cooperation and support that you gave last_year. Last year the City or' r4 dPt the cooperation of the staff and different re- sources of the City ---plus a Grant of $5,000 and we would like to re- quest the same amount and the same cooperation this year. Basically we have a community group --different residents of the community who are working in the programming of this festival and in a few days we will have a complete list of activities pre7ared, but right now we are trying to develop the financing aspects of the festival. Mayor Ferre: SPEAKER UNKNOWN: Yes. Mayor Ferre: Do we have any questions? Mr. Grassie: We have an account,Commissioner for special activities -- its possible that by using that account we can support this --1 would like to try to find some budgetarial way of doing so if the City Commis- sion approves it --its a good project. Mrs. Gordon: Let them move it --want to move it Mr. Mayor? Mayor Ferre: Alright, we have a motion. Mr. Reboso: Second. Mayor Ferre: Is there further discussion? This is a wonderful program I think the last one was very successful and I think there is no auestinn that this is the type of activity that this community benifits a great deal from --I think $5,000 is relatively a lot of money but its relative- ly little in comparison to the multiple benefits that are derived from it --so I certainly would subscribe to it --wee have a notion b v Mrs. Gordon and a second by Father Gibson, Is there further discussion on this? If not, call the roll. 'thee118wiriq `ate why roved i' &d pthri MOT;ION NO.77 401 A MOTION OF INTENT TO FUND REENCUENTRO CUEANO 1977 IN THE AMOUNT OF $5 , 000. Upon being seconded by Mt. Reboso, the motion i wag and adopted by the following vote AYESAYtSt Mr. Plummer,Mr. Reboso, Rev. Gibson, Mts. Gordonand Mayor Ferre. NOES: None. Mayor Ferre: Thank you very much. 10, PERSONAL APPEARANCE OF MR. JOHN ELDRED OF TH O.S. I.MIGRATION SERVICE REGARDING POSSIBLE USE OF MUNICIPAL JUSTICE J3UILDING. Mr. Eldred: My name is "John Eldred" and I'm the Assistant District Director for Deportation for the U.S. Immigration and Naturalization service here in Miami. Immigration Service very much interested in ac- quiring the use of the Municipal Jail which is now used by the Metro- politan -Dade County Sheriff Department for housing female prisoners. 7e understand this facility will be vacant in the not too distant future. Mrs. Gordon: Just the jail part thats all? Ur. Eldred: We're only interested in the jail and such other office space adjacent to the jail we night need for administrative purposes probably. Mrs. Gordon: Whats your name sir? I didn't get Mr. Eldred: "Eldred, John W.". Mayor Ferre: You work for Mr. Mr. Eldred: Yes. We're interested in acquiring this piece of property on a rental or a lease basis and we would be interest if the City would make us a proposal as to what --if this might be available to us and under what terms --whether it would be short term or long term --whether it would be a lease or rental proposition and we'll be interested in listening to any kind of reasonable preposition. We believe Mr. Grimm the Assistant City manager has been in communication with our people in the central office --our engineering staff who have looked at the property and this is all in the stage of negotiation at this point. 'its. Gordon: Mr. Mayor may I ask a question of Mr. Eldred? Mayor Ferre; Yes. Mrs. Gordon: You --now we're talking about the jail and the space below it --is that correct? The office space below it. Mr. Eldred: Yes, but probably not all the space below it. 1rs. Gordon; Just part? Ok, is there a sealing on the square foot leasa that the Federal Government will pay --is there a sealing --a do; tar sealing per square foot? Mr. Eldred; There is for office space but I'm not sure about spaoe, MAY 121Q7 ' er Gordon: a different •dategory imdetstand s Mr. tldred : I 'M speaking generalitiet Aft d I don. t t have figures in front and that sort of thing. Mrs, Gordon: You donut want to go off the top of your head just curious► Mr. tldrecd: I might say this however that I have a couple of figures here that for the last nine months we have expended in the Collier County Stockade which we are currently using for approkiiately $l30►000 in detention cost at that one facility. Mrs, Gordon: $130,000 you spent last year. Aldred: Thats for nine months only for the Collier County Stoc}tade 'fir. and $71,000 plus --for other detention facilities such as other Munici- palities, Jails... Mrs. Gordon: Approximately $200,000 and you were inconvenience because Vou had tn an auite a distance. Mrs. Gordon: Ok. Mr. Eldred: Now this --this money can be equated back into goods and services into the community ',thereof ---for example --medical and dental care for prisoners in custody of the Immigration Service in the last 4 nine months have amounted to about $28,000, that $28,000 of course would be spent here in the City of Miami, for similar services. In addition to which food and this type of thing and the services that would go with the use of the jail of course would be expended here in the community of bid basis. on some sort Mrs. Gordon: Mr. Eldred, the building of jail facility is in real serious need of repair --would the Federal Government bring it up to standard? "lr. Eldred: Well, I can't say that we would but we would be interested in listing to any kind of a proposition the City as a land -lord would give us... Mrs. Gordon: Ok. "Ir. Eldred: In that regard. Mayor Ferre: Alright sir, any further questions Eldred any further statements on your part? Mr. you very much sir. Mr. Eldred: You welcome. of Mr. Eldred? Mr. Manager? Alright, thank '11. ACCEPT COMPLETED WORK -GARDEN SANITARY SEVER IMPROVEMENT SR-5385-S, INTERCOUNTY IONSTRUCTION CORP, Mayor Ferre: Anybody else on Items C or F --we will be coming back to there. Alright, then now lets rove on --see if we can get to the Public Hearing portion, Is there anybody here on Item 5? Anybody here on Item' 5? Mr, Plummer: I *Hove, . . Mayor Ferre: Alright, now PluMMer Moves manager recommends. Call the roll, IP Thereupon, he following resolution 'as introduded by 4f Pier who roved its adoption: 4110 REGOLUTTON NO. 77-402 A RESOLUTION ACCEPTING TIE COMPLETED '4O91 PER - 'FORMED BY I3TERCOUNTY CONSTRUCTION CORPORATION AT A TOTAL COST OF $2,208,005.40 AND AUTHORIZING A FINAL PAYMENT OF $231,978.34 FOR GARDEN SANI- TARY SEWER IMPROVEMENT SR-5385 C (centerline sewer) AND SR-5385 S (sideline sewer) IN GARDEN SANITARY SEWER IMPROVEMENT DISTRICT SR-5385 C (centerline sewer) AND SR-5385 S (sideline se=.e'er) Upon being seconded by vice -Mayor Gibson, the resolution tans paesed and adopted by the following vote - AYES: Commissioner Manolo r.eboso Vice -Mayor (Rev.) Theodore Gibson Commissioner nose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES None' 121 AMEND THE HOURS OF SALE OF ALCOHOLIC BEVERAGES - diCOp C,Q,P, Mayor Ferret Alright, Mr. Manager you want to carry us through that. f Mrs, Gordon: Before he begins Mr. Mayor may 1 speak please? Mayor Ferre: Yea. well wait a moment --don't you want to --I think we ought to let the Manager make a statement and then I'll recognize you and then the others that ':ant to speak. Mr. Grassie: Only to indicate Mr. Mayor that the recommendation in front of you is the one that came out of the Committee that you appoint- ed for the purpose of studing the hours of operation for liquor estab- lishments and Dr. Willard brought that report to you at your last Fleeting --it is now in front of you for Your decisions. Mayor Ferre: Alright, Ricki? Mrs. Gordon: Mayor pull the mike down. Ms. Cammenitti: Honorable Mayor and members of the Miami City Commission, Mr. Grassie. I regret that because of illness and death in my family, I was unable to voice an opinion in this Committee --I appreciate the op- portunity however to be heard at this time and please hear me out. Three years ago this month a young vibrant 16 year old boy, lay on the ground --the victim of a drunk driver --his hands and legs and face were caked with blood and impregnated with little stones like so much buckshot -- his legs and arms were open to the hare bones and broken in many places, he grasped for a thread of life --he is not alone --like so many others his was an alcohol related ailment, not his own, but that of a *ran who has just left the bar at night with just a little too much whiskey and the power of an automobile in his hands and controlled by the dull sense of a drunk and then smashed --a boy's body crushed, but nulled back from death's door by skilled surgeons and psychiatric treatment. Twn Years later after 16 operations including skin grafts and bone grafts and heavy drug sedation --one leg festered badly and was finally amputated --not of his own doing my handsome nephew is now mutilated in body and spirit. The family is now faced with horrendous bills to save the hoy's life. The drunk had minimum insurance --Why did this happen? How many of you have cone upon such a tragedy? I Ora_: that you have not, but it could happen. This subject go's like a dagger to the heart of the things that we all hold .precious, our health --welfare and safety_ for ourselves and our children and those ,rho come after us. The drunk finds solace and companionship in a bar or night club with others who indulge in intoxi- cants and the longer the establishment is open, the easier it is for the drinker to lose track of time and drinks perhaps more liquor than the bar keeper knows at that time that the customer can safely hold --since a sobriety test is not given to the customer, Upon leaving the bar or night club the drinkers~ are usually noisy, staggering and boisterous, cr) M.1Y 1 9189'7 -starting up their 4apon on wheels with a no r% that startles the neighborhood tax pavers out of a sound sleep --destroying the rest of those who must rise early to go to work. The drinker is often victim- ized by burglars and heinous crimes committed against him in the hours after midnight. This triggers the need for added public safety thus placing added drain on an already overburdened Policy Department and tax payers. With all due respect to the whiskey and wine industry, alco— holism is now treated as a disease. We now have several tax supported agencies on all levels, including the local Alcoholic Detoxification and Family Counseling Services, which were endless, countless, heart breaking hours in an attempt to rehabilitate the chronic drinker vino_ has caused injury to himself, his family and others as well. There is in this community Alanon as a separate fellowship from alcoholics anon- ymous and also Alateen the offshoot of Alanon for teenagers, who must live with an alcoholic parent. The Alateen is told that their mother or father is as truly sick as a diabetic and that they must deal with the symptoms of an illness. How many families have been shattered be- cause of this illness is an unknown factor. Judging by the huge numbers of alcoholic anonymous organizations in almost every city in this country including Miami that tells a very grim story. Xruschev, the Russian statesman, once declared at the United Nations, while beating his shoe on the podium that we would distroy ourselves from within and some of us are making a good stab in that direction. Bizarre as it sounds, countless number of liquor customers pay millions of dollars to the liquor in- dustry --to alter the customers minds; increasing the probability of creating a greater number of diseases among the social drinkers on the verge of becoming alcoholics. The proposed extended tine factor is a good start in that direction. Self interest, livelihood, notions of what is equitable for the liquor establishments --feeling that the other fellow was getting an advantage at your expense --all this and more is activated by such hearings. Even as the technicians are calibrating theme.. marginal profits --disregarding the blood-letting and the bloodless statistical paraphernalia resulting from an additional alcoholic bever- age served in the first hour or two or third hour after midnight. Let us not forget that at this point in time our government is cbliged to spend untold millions of our tax dollars in an attempt to cure and cur- tail the disease of alcoholism, which is a national disgrace and provide benefits to the physically disabled victims of drunks --through social security. It is outrageous and an insult to our intelligence --that we here in Miami are even considering a resolution extending the hours when liquor can be sold. It is no secret that we have allowed the liquor in- dustry loggyist to both hard sell and soft sell the misguided Public, but we look to you our elected officials --of good conscience,to strike down this proposed ordinance prior to giving it credence with a First Read- ing. As this Committee strength in its proposal, was not representative of this City --I am speaking for the many tax payers who :rust have un- broken rest and freedom from a noisy neighborhood caused by inhabitants ,. of bars and night clubs, but most of all I speak for the maimed crippled and the silent dead who have no voice in such hearings. People aren't what they should be when they are drunk --when considering Your vote to extend the hours, weigh the all mighty dollar against a human life it maybe yours or the life of someone you love. It is therefore re- pectfully requested that this mighty City Commission of the City of Miami, heed the voice of the people and cut back the hours instead of lengthening hours for the sales of liquor or that this question be placed on a future ballot for the Miami residence to decide this issue by vote. Thank you. mayor Ferre: Thank you, 'ts. Cammenitti. Mr. Schiffman: 'ir. Mayor? Mayor Ferre: I'll recognize you in a moment. ''s. Cammenitti: I'd like to put this in the records, please, 43yor Ferre: Alright, thank you very much for Your statement and would you put that into the records. 'Aright, '•ir. Schiffman. Schiffman: My name is "Pinkie Schiffman" and I'm the '7i ce-P'-esj dent of the Hotel & Restaurant International Union, I'm also the President of the Hotel Union and Restaurant Union on Miami reach in Miami. I'm amazed at the speaker's speech just now because I think it was --I don't think that the speaker is informed on what happens tflrough out the country, 'avor Ferre: Mr. Schiffman I would very respectfully like to ask you to speak to the issue that you're here to talk about and not.,, Mr. 5Chiffinan: I'm on the issue --I'm on the issue! Mayor Ferre: Refer to yourself tc any other speaker --Ms, Caittrienitti has a perfect right to express her opinion --you express your opinion and you speak to the issue and you forget about her. Mr. Schiffman: Ok, I am forgetting about her, but as I said I think the case had nothing to do --if the speech was about alcoholism and in my travels throughout the country and I travel quite a bit, I've been in Houston where they had a 12:00 closing and a 1:00 closing --I've seen more drunks in Houston than I've seen in Miami. The reason for that is that the fact that there is an early closing, the youngsters and the people will absorb that booze that much faster and get themselves drunk that much faster. Now, I've also been in Las Vegas which is a tourist industry --a tourist area, and I've seen less drunks and those bars are open all night long. Same thing applies to New Orleans and other great areas. Its very unfortunate that some drunk --and that can happen any time of day --hit some youngster and destroy them. I feel very bad about it --T think who ever it was who was drinking and under the influence, should have been handle according to --and got his due, according to what was due him he should have heen taken cars of. But, as far as the --this area of closing and thats what we are talking about --it will only affect our tourist industry. You've got clubs like the Les Violins, Flamenco and we're going to have a 150-250 people affected. Now, the people that come out of those clubs, are people who are tourist who en- joy themselves --they're not noisy and they're out to see the town. "e have so little attractions in Miami and if you're going to take away two of the best and I'm tal::ing about the Flamenco and the Les violins -- f what have you got left. I've been to those clubs --I've been as late as 4:00 or 5:00 in the morning. I haven't seen people stagger out of there they go in they have a meal --they enjoy themselves and they walk out. ayor Ferre: Pinkie what exactly is your point? Mr. Schiffman: My point is, I think that as far as the bars which are open at 1:00 --if you're talking about 3:00 closing I'm all for it, as far as these rite clubs it is --it would be a sin to change the ordinance which gives them the privilege of staying open till 5:00. I don't think anything would be benefited except there are going to be jobs that are going to be closed --you may loose two good pieces of property because they can ?;love to "Miami Beach and still get 5:00 license and the fallacy_ of the ,whole thing is that the county right now has places which you can't control, like Big Daddy's and others that are still going to be open till 5:00 and you get more riffraff in those places than you do in Your places in Miami, so actually nothing is going to be accomplished. co T_ ask you in your good senser don't deprive these people of their jobs because you are going to knock them out. By stoping these people who have got these 5:00 license and as far as those that got 1:00 license that could be open till 3:00, I can't see any harm in it. Thank you. Mayor Ferre: Alright, thank you Mr. Schiffman. Next speaker. Mr. Dress: Mayor Ferre, Honorable Commission, my name is "James Dress" and I was on your committee -The Alcoholic Laws. Now,• we did go down the a line and everything from the B-1 to 3-2 and so on, and so forth and we felt that we agreed all the way through from 7-3. Everybody was unani- mous in the vote --there was a public hearing at Rev. T.Tillis church, and so on and so forth and I would just like to say that it worked out very well from 7- 3 . Mayor Ferre: Alright, thank you very much sir. Next speaker. 'Mr. Carter: My name is "Julian Carter" I own two lounges in the City of Miami, and this 5:00 closing we have 14 places, I think that I'm right. Mrs. Gordon; Could you speak in the microphone, we can't hear you. Mr. Carter: I'm sorry, T'e have 14 places that close at 5:00 --we have hundreds of places that close at 1:00, And the main issue when this started 4 1/2 years ago, was sunday nights, And thats what we are asking for. Mayor Ferre; Sunday nights, di lw Mr. Carter: Sunday nights. we are closed at %st0 on sunday nights, You have give the restaurant -t can go to Stuft Shirt Lounge on sun- day night at 7:00 and get a drink and i can come to one of the finest restaurant in Miami, Coconut Grove Country Store and have a drink. t Can go to Coconut Grove.., Mayor Ferret Are you talking about restaurants now? Mr. Carter: No, I'm speaking of a 4 C.O.P. iiceh?e which r have td close at 7:00. Mayor Ferret The C.O.P. license; Mr. Carter: Yes, I have to close at 7:00 on suhdays. Mayor Ferre: Are you talking about beer and wine? Mr. Carter: No, I'm talking about liquor bar and packaged. Mayor Ferre: Well, the recommendation here is noon to 3:00 am. Mr. Carter: Right. Mayor Ferre: They're are speaking for it. Mr. Carter: I'm speaking for it. }Mayor Ferre: Ok, I didn't hear you, Mr. Plummer: Mr. Carter: The Blue Moon, on 6505 S,t• Lounge, 1641 S.W. 32nd Ave. Mayor Ferre: Alright, sir. and the Coral Gate Mr. Carter: And we're --somebody just give a private club, the privilege to open on 32 Ave. & 22 Terr. which is in competition to me and they are getting a 3:00 license. Mayor Ferre: I understand. 'r. Carter: And I don't think that they should have something that I can't have. I've been coming down here for 4 1/2 years --I've never said a word, I've just been sitting here listening. Mayor Ferre: I know, this has been going on for 4 1/2 years too. Mr. Carter: I think that we should have it. Mayor Ferre: Alright, sir. Mr. Carter: Thats all I have to say. Mayor Ferre: Alright, next speaker. Mr. Currais: I am "Jose Currais" and I own Les Violins Supper Club and the Flamenco Supper Club. Mr. *1ayor, Honorable Commissioners, ladies and gentleman. I come before you as a spokeman for two supper clubs in the City of Miami, Les Violins and the Flamenco. Which we honestly con- sider to be major tourist attractions in this City. As you know, our objective has always been to offer superior entertainment and excellant cuisine, which has brought us international acclaim and world wide fame. We do not consider this an idle boast. Since we know of many clients who come from other cities to "Mari, specifically to attend our establish- ment. This is a common occurrence --specially from Tama where business- man frequently charter a plane arriving at 6:00 or 7:00 p.m. and returnir:g that same evening after attending our supper clubs. From Ft. Lauderdale and West Palm Beach many customers tell us that they only come dc:•'n to Miami to bring their friends to Les Violins. Just recently we entertain- ed many executives of delta airlines, who chartered a flight from Atlanta simply to vist Les Violins. 'Mr, who is well known to this commission accompanied this party and can attest to this fact, There are many other such cases, but for the sake brevity Tape will not mention then here tonite, Many visiting dignitaries from all over the world and ER IA Pi ki 4 At AI OM 1 man: of you sitting :a.:e in this cc: -'.mission, have visited our rCestati a = and :{no t' of the moral a artistic ties that arrr = _ 0 1 n^. �_�.� •_' qualities _:i g maintain in all our performances. Our Bicentennial T2. S . A. was considered by the local critics, including the tia i.Herald the Most patriotic best as _z ~iot.ic and be ;. pre- sented of all the floor shows rendering tribute to the 200th birthday celebration of the United States. It seems ironic that the show was directed, produced, choregraphy and featured Latin americans, '''e con- sider this review an honor and presented the show as cur own latin anerican contribution to the celebration of the bicentennial. '•Te have had the honor and distinction of receiving testimonials and certificates Of appreciation from the City of :':iami and Dade County, which have motivated us into continuou.;1- imoro-ii na our extravaganza to maintain the highest standards that the City demands of its tourist attractions. So what better incentive can ,,-e offer the tourist than to feature enter- tainrnent and floor shows different that found rather aneri Ca;; �r� r.� from a� �.. �.: Cities. No hotel in 7'•Iiami that we {now of has the type of shows that '-e present and the ordinance change that you nror;r'^,.sed means the end of our establishment house. 'e have had always a 3:00 a.m. cioSi nC time licence for over 13 years, we have never had a single case of public drunkness, fights or env other altercations requiring police action. ;e believe this be an excellent record. :e • . a...entr andL. all n.ect�r _- conCi_�ons for the license, which each year gets harder and more expenaive to achieve, considering all fire, sanitation and other regulations. -de believe it is unfair for cur license to be chanced from 5 : D0 a.m. closing L _me , t.0 3:00 a.m. Cur livelihood stem -red from the fact that we remain) open ghat hour in t :e norninC =n our esta.brli shmant '•ie nave ca'er one 'hundred r_ f L. '.'� en1 ovees , :'; o' S l_'i eli cod '.v ill also be gre.atle endangred due to the - loss of cusporilers --iess tits and reduced ''iorkinc hoursrieadng to lPss ' may i :used on tham by _he _i _y ordinance. The t -? o= ordinance ' will create a dead c_t-v after 3 . 00 a.m., all ether cities not only united states, but in the entire '.•acrid --after t to attract tourist '.Ji "L. the exciting and diversified night life that this commission is - ; nc to bard. The City of nia.^.:_'. in its travel brochures and other :measures --Les 7_clins and Flr.^enco as tourist attractions. Ye i t sa me ame City novarnr en" which now coon.:. clirn'_nate :n crothe face the ::hap. In June the new Cnni Hotel and shopping complex in full s'•i_. : n ..ar.v o= nits nroo a,anda-a.er'.al that oE.'._'^ `:spare': and d_ tiut.e.r in _a:_.n amer__a. , the'.en_on that cn a cif _ fe a n. va- age of t �ii- 1cc=ti:r. :_ . t e pr^:•:unit. to uo�,;;: town ni:�n _ and -Les '''ol • . Cuti^.er Cub. _tMnot fair to c.;CS.e Lauri_ _. arri`. _ .a.:... find closed `Jr _a be ushar'ed au" at _ ^:CO a.m d e.. a _ci'"-�; ..a ..ve.. 'That 'ha re ct..:n 'cc a ',isiti_^C d-g':_ _ark' so ac cuSZ - to ''raa _eta late ntc : ..__e 'J_ ..+uiata= or South ;a1er_va --_7.\ Prµrse1_ ,ou '•r F_�._ t ?:"., i= _ Cu were told to leave a sunnar cif..b at 3 :30 a.:?t. onsat. a : far^.ay night when the last floor shod has just concluded, m(dst CF_' e will r:e disacoc_:' fed or shocked to sad: the least. :e have received "a:',' off, -r -^e a' :acriL Miami •] Pompano cities _ cn _.. .._ _.._., o� �..:,i Beach, ..,..war.o and other i__to .,.cve 0/— club to their :"ur.___oal__y. They offer better facilities and advantages, but -Je of :curse .did not listen, as .� .;'attar fact o^a :of Cur ax-nartnars racer-`y opened a vary sin. _ar establis..: r ent in North :Hama ..:her. he' a e - 'i joingthe .advantages cf that area. Just t recently we ^.urchase d a ^�•o"`er adjacent to ct:r Les 7iolins Supper Club at a very high price, we ,were hcpina to'rebuild and expand cur establishment to bring it ::p to the c'aality cf our surrounding area; but if tne pcc inc ordinance p ie r - i=_ e - c our money _wa`on 3 -^g business ec a in dead City. 'r'_1 give you an idea about some other things that 7 .ant ore �r less to ex la_ n to -" •ou. r .__ v :: - :7 nobody :" ':Ia�^.L1.. J t.. : i_ 1. J?':- mi- e t :at tar ed auout all these things.... to.cut the hours. 7.7e were .ol d�b" no ore in - : _s r•mi.si ^:'` , wewar..nc t raj sen fed there a ^ . thi) _. ❑i ysi_ _s ✓e zero ,.. .1n 'ia^. s were no_ ._ tee•'^r. , . n. thi ' ' that - .or',»a ?es taurant `sscci_a.._on and -h,a. LatinvC =:'?:;er of ^:^ rc� t '- - - _ .. "'iP_ .^-�. letters :l3'7 C^tOSrnC ; ..._sC to the ra�r_=`': of :Our a::d I anin you have "ha' there _ in :our oaner� .:_sc. The other t inc that j an .o to you _s that _t :he liven Se of _: e five o'clock; _ .: n ' the-. are only.. . T an not sure, but _ think there -a_ only _3 to ...3 _ e C t'r ‘'ia't_, no 'or=• T_t' s not _ha..^t C_I a=a go_. to Ce 300 cr a. ''t..Cn :e _.. ,.'1 , another thingi=, we are not otnosin .:at i= •you want to gut more hours...but also think about this in this~rnc en r he se places _'J or 1.: o' 1 ?, .^e ^01 �_ ._ " :t is _ ^' e* and � 7 1. - - ^ o'r'� C ' •' 1. then _._ .: e tlacea are coin until .ate_~our= .... =_ i_ 3 a 'hey would not be able handle t ;' , 1 _o _ , because a- _!:e J_Ga.'as are Coi:'?Q :3 be 0^en until 3 �' clod:. m.".at - ':hv a_r1 rp��rr ng ^^. . m 'allin a you --a_ t'e or'_' y t i_"C chat ;e ':'an' _s to '.'fork, let t. ; .no'•1, once and fnre.,e•.. :now 4.7 we are g0_n' stay the City of `,' a' _ cr if we are goi -c_ to i =Cay... • :�.- ".iay, if .,e are acing . ing >o colt nue t= a sar e let's .'r,�,'.i�.. Ar thats what we want... is to work and continue ricking the City the most presentable tourist attraction,,, we can not have too much More.., let us at least let them share what we have, Thank you, Mayor Ferret Alright, thank you '4r. Currais, Mr, Descalzo? M. Descalzot }fir. Mayor and Commissioners, I am here in behalf of the Latin Chamber of Commerce. It true that Les Violins and Flamenco is one of the more respectable members that we had in our chamber and we are here to keep this 5 a,m, closing, because thpcp nent,le... they are in t-.hp tamp plfnr fi fta.Pn yaars, working hard up to that time and giving these big attraction to ?iami. Everybody knows Les Violins from all over the world and we have to keep this time, other wise they're going to be in a very bad position, please. Thank you. Mayor Ferret Alright, any further speakers? SPEAKEP. UNKNOWN_: Yes , "Mayor Ferree.. Mayor Ferre: Now, I'll recognize you in a second cause you already talked once. +rs. Gordon: I have a question Mr. 'Mayor... cause he made a statement before that all of these were unanimous... SPEAKEP. UNKNOWN: Yes, ... that was the whole point right there. Mrs. Gordon: Well, `Ir. Sabines is here and he was on the committee and you:didn't vote fOr this to be till 3 O'clock... • SPEAKER UNKNOWN: What happen here with the 5 o'clock clubs... we were talking with Lt. Harrison in the City of *Miami police... and so on and so forth, and they wanted uniformity all the way through. We in the in- dustry would like the 5 O'clock clubs to stay open at 5 O'clock and to be technical there are fourteen 5 O'clock clubs in the City of .Miami... rs. Gordon: But, then they were a unanimous decision. SPEAKER UNKNOWN: No, there was a unanimous decision at 3 O'clock, just for uniformity all the wa..1 through. Mayor Ferre: Alright, next speaker. SPEAKER UNKNOWN: Mr. Mayor, I represent the Crossway Airport Inn, by the airport area... and we hold a 5 O'clock license. eery briefly, to you and the City Commissioners, I want to say that the 5 O'clock license is , • must in our area to cater to the different tourists arriving at the area after these late hours. mayor Ferre: Do you have a 5 O'clock license nor'? SPEAKER UNKNOWN: Yes, sir we do. and I join the Les Violins and the Flamenco Supper Clubs, to support the motion to leave everything as it is. 'Mayor Ferre: Alright, thank you. Any further speakers? Alright, ladies and gentlemen here's where we are. This matter has been going in this city for about four years... we've had public hearings, after public hearings, after public hearings... we've had committees...committees came back, there was more discussion... there was arguments about proper re- presentation, so we had Preachers, we've had neighbors, we've had lawyers, we've had bar owners, we've had hotel owners, police representatives, chamber of commerce representatives...we ended up with a committee which I think had about 18 or 19 people that certainly was a crosssection of the industry... had plenty of representatives of the neighborhoods, had representatives of the various churches... the committee was headed by none other than Dr. Willard, who as you know is Re. Willard as one of the most prestigious clergyman in this area... what is it the baptist church in the down town Miami area and I think its the largest baptist church in the area and so on, and they've core up th a recommendation,.. it seems that what we have here is a proponent... We have Ms. Cammenitti who is a opponent on a matter of moral principle and we have the owners of the night clubs who Oi sh that exception to be made that they be able to retain what they presently have, So thats where we are, what is the will of this commission? Vitt ?eboso : 1 am Ally to stake a motions. Mayor Ferret Alright. mr. Peboso t I am ready to make a Mot .on that we approve, What we have in front of us today, with the exception of the tho ification of the 14 night clubs that have the license up to 5 G'dlockin the morning, right now, Mn. Gordon: They would need no change, I believe... I think the night club are 7 a.m. to 5... What ate your hours? 7 to 5 now. Mr. Reboso: 7 to 5. Mrs. Gordon: There is no change needed to that. Mr. ilebosot To stay in the same way, they are up to row• Mrs. Gordon: So, if you're making a motion to covering everything except night clubs. Mr. Reboso: Thats right. Mrs. Gordon: That would be your motion. Mr. Reboso: Thats right... Mayor Ferre: ...? Mrs. Gordon: Because, you don't have to motion there. they are alreac '' Mayor Ferre: To be very explicit, on items 1 thur 9, with the exception of 8, as presented before you. Mr. Reboso: Thats right. :Mayor Ferre: Alright, is there a second? Rev.Gibson: I second it. Mayor Ferre: There is a second by Father Gibson. Re«,Gibson: Mr. Mayor, I want to second the motion and on debate, I want to make sure everybody understands this. I find it difficult, very dif- ficult, to take from people what they already have. So, I just want to make sure that... I second the motion. Mayor Ferre: Alright, there is a motion and a second. Ms. Cammenitti. Ms. Cammenitti: I don't believe that you fully understand, what can re- sult with your recommendation. I'm talking about peoples lives. You are not out there every night, nor am I. But, I have been told that people are in jeopardy, as a result of these late or early morning openings. People just don't have their minds where they should be. You're depriv- ing somebody... some innocent person returning home from work, of the right to live, possibly, as a normal human being. You talk about morality constantly, Father Gibson, and I'm with you. But, there is a moral issue here too, I'm talking about the people who have yet to come face to face, with an occurrence as a direct result of a tourist who doesn't know the area, who is driving under the influence, with no police officer around.., possibly passing a red light, possibly causing someone a life time of injury and suffering. Mayor Ferre: Ricki? You see the County, has some regulations that are a lot more liberal than the City. Ms, Cammenitti: Then the County has to be taken to task, Mayor Ferre; Well, the problem", , Ma, Cammenitti; 'le don't have to do what ever someone else i.e ..4oing ' just because they are wrong, we don't have to compliment it, Mayor Ferre; The problem 4,s, that what 13 happening is, its been t .J ng in liwLL• At AL Laws 4114. business away from within the City boundaries, Thats where the probleti is. Ms. Cammenitti: I've been to Les Violins, and I've been to the other beautiful night cliibsand I've enjoyed the entertainment, but it didn't mean that I had to drink until 5 arms, for their to be supported of this recommendation. Mayor Ferre: Well, see the problem is this... this is the second problem Ricki, is that we are trying to compete in Miami, with the likes of New Orleans and New York and other major metropolitan areas, that do have these more extensive regulations. And these people that cola+ from over seas... from Europe... you know if you go to Rome. Ms. Cammenitti: I don't stay up when I travel,untii 5 O'clock in the morning. Mayor Ferre: I know you don't, but... and I don't either, but if you go to Rome or if you go to Paris or if you go to London, these are the type of facilities that are available, and we're trying to cater to the tourist that... you know and its a competitive world... I understand your misgivings. We did have a Blue Ribbon Committee, headed by Dr. Willard, the pastor of the Baptist Church, down town and we had a lot of people... Ms. Cammenitti: He must have been coerced. Mayor Ferre: Well, I doubt very much, if Dr. Willard... you know that Dr. Willard, is really a wonderful man and there were a lot of white people there, who had strong feelings like you do. Ms Cammenitti: No, most of them were members of the liquor industries. SPEAKER KNOWN: was equal. Mayor Ferre: It was... what? SPEAKER UNKNOWN: 12 and 12. It was 12 people, 6 non -industry. dustry. Mrs. Gordon: How many of them attended the meeting, when your decision was made? SPEAKER UNKNOWN: When the decision was made, the majority attended the meeting. I think there were three... ayor Ferre: And it was a unanimous thing, don't you see. Mrs. Gordon: What did you say? Three. SPEAKER UNKNOWN: I think there were three that were not present. But, the majority agreed with it. Even ncn-industry, so on and so forth. Now, I am in the industry every night and I do see alcoholics every night, and so on and so forth. And when we get to the point, where somebody is in- toxicated, we send them home in a cab. Mayor Ferre: But, she's got a valid point. You can't argue with the fact that alcohol is a terrible thing. You know, I'll tell you in another age, I probably would have been for probation, but probation didn't work. And the point is, that you know, we live in a different age, Ricki and we just have to realize... Ms. Cammenitti : It has no bearing on todays living. :4ayor Ferre: ''tell, alright, look... Ms. Cammenitti: Liquor is liquor and its spoils are just as bad in the old days as they are today. Even more so, besause there are more ncom- petent people who drink and then drive and destroy other peoples lives. `Mayor Ferre: Ricki, we've been arguing this back and forth, Ms, Cammenitti.: Why, don't you put it to a vote, 'Mayor? Mayor Ferre; Thats exactly what T intend to do in a moment, o qt. M. Catmenitti: t fttan put it to a vote, to the public. The publid is too Apathetic or busy to be here at a day meeting, May t suggest that you have an evening meeting to discuss this once again or put it to a pub -lid vote, Mayor ?erre: Ricki# we've been doing this now for four years... this you know that, Mg, CatMenittit Yes, I was Mayor Ferret Arid MU know, and delaying We're at the at the last meeting. Yes, I was indeed. I know that we've been delaying and delaying point, where we haVe to make a decision# one way or the other, Ms, Cammenitti: Well, let the public make it, sir. Mayor Ferre : Well, I'll do what ever the majority of this cOMMiggieh wants to do. Ms. Cammenitti: I would strongly, impress upon yoU,'.that the public not aware that first reading would be today, Mayor Ferret The public has been aware, that we have been struggling with this for four long.years... SPEAKER UNKOWN: Its been in the paper. Mayor Ferre: Its been in the paper, tine and SPEAKER UNKNOWN: Its been on the Radio. is Mayor Ferre: Well, alright, I think we have to make a decision, so what ever the will of the majority is, let that will be done here. Alright. Ms. Cammenitti: I hope and pray that your family is not affected by this. Mayor Ferre: Me, too. Alright. Mr. Reboso: Mr. Mayor? Mayor Ferre: There is a motion on the floor and there is a second. there further... Mr. Reboso: Yes, the Manager, just called my attention that these 14 places are including items 8 and 9, some of them are night clubs and some of them are supper clubs. Mayor Ferre: Alright, so what you're talking about is... Mr. Reboso: The motion is, is to include 8 and 9. Mayor Ferre: Alright, no exclude. Mrs. Gordon: To include or exclude? Mr. Reboso: No, exclude 8 and 9. Mayor Ferre:. In other words, 8 and 9 remain as they are. Mr. Reboso: Remain as they are up to now. Mayor Ferre; 1 thur 7, amendment? alright, is that the Mrs. Gord,n: What are the Mr. Reboso: Private clubs private remains clubs open 3 hours now? O'clock,.. Gordon; No, the private clubs,.. what are Mr Reboso; Up to. 3 0"logk, Ferre; No4 noi SENR IJNKNQWN: Mayor Ferre; Now? 04 Is P4A 1 their hournow' ilAV t o 4(17, r Until 3 in the mor:.,:gs . Ab SPEAKER UNKNOWN: Yes, thats correct, Until 3, What welts trying to get is a uniform opening and uniform closing. ...? Mr. Plummer: Four additional hours, from 7 to 11. Mr. Reboso: From 7 to 11, four hours you a giving. Mayor Ferre: Alright, is there further discussion, if not, call the roll, please. AN ORDINANCE ENTITLED -- AN ORDINANCE AMENDING SECTION 3-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, IN ITS ENTIRETY, RE- LATING TO THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES WITHIN THE CITY BY COMPLETELY REVISING THE HOURS ALLOWED FOR SUCH SALE BY VARIOUS CATEGORIES OF VENDORS AND ESTABLISHING DEFINITIONS FOR SUCH VENDORS; CONTAINING A REPEALER CLAUSE AND A SEVE RABILITY PRO- VISION AND CONTAINING AN EFFECTIVE DATE. Was introduced by Commissioner Reboso and seconded by Commissioner Gibson and passed on its first reading by title by the following vote- AYES: Vice -Mayor Theodore Gibson Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 13. AMEND 8646 - LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND. Mayor Ferre: Anybody here on Item 15? Alright, on First Reading... A- mending Ordinance 8646 increasing expenditures and revenues in the Latin .American Trade Exhibition Trust and Agency Fund from S75,000 to $1,069,000, funds to be received from Special Program and Accounts and other sources of revenues for a total of $994,000. City Manager recommends. SPEAKER UNKNOWN: Mr. Mayor, I'm here primarily to gain some information about this matter, which I believe is tied up with the creation of the office of Economic Development of the City of Miami. And if that is th9.a. case, I want to hear about the connection of this because this whole id" of Economic Development appears to be predicated on major emphasis and international trade in finances, all of which I think that this area is an ideal target that has to fulfill a tremendous potential. However, my question has to do with the kind of risk that the City of Miami is under- taking, and this matter in risking a budget deficit of nearly $400,000 according to what you discussed the other day.... last week... with a luncheon with the Chamber of Commerce. 'And in making this kind of decision I want to bring forth to your attention, matters related to economic de- velopment... precisely in areas such as Little Havana, as , as Coconut Grove, as Liberty City. as Brownsville and question whether this approach will bring the benefit to the tax payers of the City of Miami, who are risking their taxes and this matter. Mayor Ferre: Alright, Mr. Manager do you want to explain what this item is about. Mr. Grassie: Well, in a most direct sense Mr. Mayor... the item is not responsive to the question thats being ask. The only thing the item does is to provide on first reading, money for a project which you have talked about for some time and this simply puts your formal decisions into prac- tice. I think that the gentleman at the microphone is really asking quest- ions with regards to the necessity for the entire project. Mayor Ferre: I understand. well, before we go further on this, as I un- derstand it Mr. Manager, If we read it the first reading...;today which is may 12, why would it come up at second reading. Mr, Grassie; Mr. Crumpton will give you the entire schedule as we see it, Mr. Mayor. Mayor Ferre; When would it come up on second reading? Mr, Crumpton: It Air come up on second readi • oh May 19, your neat,,, Mayor Ferre: May 19. Now, Mr. Crumpton I'd like to remind you the re- solution of this commission, in which we specifically told you that we didn't want any more than $75,000 spent until.., Mt, Crumpton: If I may finish, I think it will clarify your point that you are about to flake. First reading today, second reading on lay 19, that doesn't become effective until June the 18, which is after... 30 days after a second reading is when an ordinance becomes effective. And there- fore it would not become effective until after June 18. yor Ferre: Well, let me ask you this question then. Could we rescind then our motion on June 9? Mr, Crumpton: Any ordinance that is passed can be rescinded... its my understanding. Mayor Ferre: Well, let me put it to you. this way, so...I'm just speaking for myself. The only way we're going to go forward with the O.A.S. Trade Fair, which by the way had... was unanimously-- we brought up to the Hoard of Governors and after about a half hour discussion... it was una- nimously passed. Now, at that time, is:in my opinion... If the state comes forward with a $150,000, then the county does the same. Unless we get that, this City cannot assume the full burden of such a major project. As important as it is and as much as I'm for it. And I just want to repeat myself again on. ,... Crumpton: This we understand. Mayor Ferre: Alright. Mrs. Gordon: I can't see why we should move on this when we don't know whether we're getting those dollar or not. !a. '•ir. Plummer: Yea, but if the time schedule is property tied, that would be on the 18th of June, we're not going to make a decision until after the 15th of June. Then you're either creating a special commission meeting on the 16th or 17th. Mayor Ferre: Thats exactly what we want. Mr. Plummer: Thats no good Charlie. Mayor Ferre: -•Tell, let me tell you why... Tie got ourselves into a situa- tion... and I'm going to be very open and very frank about this so you understand. we got ourselves into a situation on that Orange Bowl Im- provement Bond Issue, which three members .of this commission voted upon but because of the emergency nature of it, it did not pass. And the reason why I will concur with the Manager I'm going to vote with this notion, with the clarification that T have made... is that we don't get into a situation where all of the sudden in mid June we have to vote on a emergency basis, and we only have three out of five votes which would be the majority. I'm telling you this on the record so that nobody will then said that we're playing any games here... I'm being very frank and very open about it. Mr. Plummer: Well, '•ir. Mayor, lets do it more fective on 24th of June. *iayor Ferre: I'll be happy to do it that way. 'fir. Plummer: Then you don't have to worry about an emergency or anything to that nature. Mayor Ferre: I would except it that way. Mr, Plummer: And today after our meeting that would conclude it accom- plishes everything for both sides, Mayor Ferre: Thats acceptable to me, Mr, Plummer: Under those circumstances I'll move it, Mayor Ferre: 4'.1right, Commissioner Plummer moves,„ honestly... lets make it of-. I' • 63 MAY 217r 01, l Mrs. Gordon: what would happen in the meantimt... , . we would receive these written commitment of funds from the state and the county, Ir. `2ayor, i'4ayor Ferre Yes roam, you have my assurance that unless we have a commit= ment from the state... Mrs, Gordon: written commitment.,. Mayor Ferret Firm honest to goodness legal commitment from the state, and obviously that Means that the Legislature nas to approve it and the Governor has to sign it. 'Ir, Plummer: Well, 'Ir. Mayor let me bring you up to date. I was in Tallahassee representing this commission, at the Florida liquor cities on Tuesday and let me tell you I can't... I don't have a crystal ball, but let me bring you up to date exactly as it is. Tuesday all day was spent by the legislature unsuccessfully trying to approve the appropria- tion's ordinance. This item which I check on is in special promotions, which under that category could still leave us problems beyond the end of the legislature. I spoke with our lobbyist... I hate that word... I spoke with our representative ''Ir. Sisser, who was endeavoring to get it made as a .line item in the budget, so that there would be no question that it was designated funds and it would be for only one purpose and it could not be misconstrued, but let me tell you what more you have to know. The reason they were unsuccessful Tuesday in adopting an appropriations ordinance, was the fact that the Legislature was approximately $90,000,000 in deficit and the Senate was a $108,000,000... I might have those reversed I'm not sure, but the reason they couldn't make an appropriations ordinance because they were only short $198,000,000 of meeting ends. Now, you know and I know from our little local level that means that either they've gog. to tremendously increase taxes or they got to start chopping. Now, how it comes out in priority when they start their chopping, god only knows. But I'm telling you that it is in the appropriations ordinance... it is there, theyre endeavoring to get it as a line item so there 'sill be no mistake about it, but that the reason they didn't make the appropriations ordinance was because they '.sere so short... I just think you should know that. `-+rs. Gordon: I would also wonder `Ir. 'layor, if it Would be a wise thing to so.... I wouldn't object to passing the first reading, but to pass the second reading and then for... to rescind at some future time, in my opinion is a foolhardy procedure because if '.e do that... here again you would have to have four out of five votes to rescind. Mayor Ferre: I realize that '1rs. Gordon, but you see we're not traveling under normal circumstances these days and I... seem to me that I would n�. want to risk the same situation that could happen and therefore in an obvious attempt to avoid a crisis situation where you need emergency ordinances... I think it would be more appropriate to pass it this way and that way the majority of this Commission on a three pitch vote... if it works out that way, would have the right to pass this,.should this com- mission wish it to continue. Mrs. Gordon: I didn't dispute that, I said its ok if you passed the first reading, but you schedule the second reading after you knew that you're going to get the money. Mayor Ferre: I would accept that, if that, if thats a feasible way of doinci it. Mr. Crumpton: 'Ir. !Mayor, may I speak to that point...lets thats assuming that the second reading would take place on the 23rd of June, thats what the suggestion is. Mayor Ferre: Yea, but you see the trouble with that, is then they would Piave to wait 30 days. Mr. Crumpton; ... then you got to wait 30 days, Mrs. Gordon; Well, no... not if you pass it on a emergency then, mayor Ferre: No, even T '-Ir-s. Gordon: And if we get the money, I don't know anybody here thats not going to be .n favor of it, '?avor Ferre; Jut, tilats the point - i, s that I don'ts , , MAY 19 1c177 Mrs. Gordon: If we can't pet the money, I'm not it... lets face it. Mayor Ferre: Alright, and I agree with that and I'm on the record of saying that and I don't want to take any chances that anything can hap' pen between now and then. Thats my decision... you can vote anyway you want. Mrs. Gordon: Well, this is the first reading today I'll go with it. Mayor Ferre: Now, we have a motion and a second as you. know. Now, `?r, Bray with regards to your question, this matter has been debated in this commission on several occasions... we've had public hearings, discussions, presentations... this commission is on record unanimously in support of the O.A.S. Trade Fair as a major event for the economic development and strengthening of this community. Now, I welcome your comments... you are a citizen you're entitled to express your opinion... I lust want to tell you that we have gone through a lot of discussion and studies on this. Mr. Bray: And I think that I'm also on the record in favor of promoting this kind of activity. And this was a long time ago... '.hen I first and I hope that this is recognized and I'm certainly not in here to dampen your plans, but to make them better. Mayor Ferre. T4e. welcome your recor!mendat:; c"n-; . Mr. Bray: And I think that perhaps another 'avenue of raising sufficient funds, will be to go to the other municipalities that also have a tremend- ous stake in the economic development of this area... such as Coral Gables and Miami Beach and I don't think that should be excluded as an alterna- tive from pressuring them to putting some money for this which will pro-1 bably be more beneficial to the citizens residing in those areas, than tL. the citizens residing in Coconut Grove or in "qyndwood or in Little Havana or in Liberty City, that the point that I'm trying to make in here in terms of economic development for this area as well as for the City of Miami. I don't think that we can ignore that ?r. Mayor. 'ayor Ferre: I agree completely with you and let me tell you how far I agree, and then let me tell you where the problem comes in. There is no question that this is something that should be done, not by the City, and not by the County. It =.;�ou1d be done by the State. The State is the one who should be doing this, because you know 'chat... you know who's going to benefit by this? The people in Tampa... '".r. Bray: And in Orlando and Disney ',7orld and in Palm Beach and in Bro- ward... f• Mayor Ferre: P.nd you're absolutely right and you know what... I remembe_ in the year 1957, going with my father in-law to see Leroy Collins to get the state to do this and Leroy Collins sponsored such a thing in the le- gislature and I'm going to let you know that twenty years have gone by and nothing has happened. I want to tell you now that Metropolitan -Dade County tried to pass a bond issue far housing. They put $10,000,000 on the ballot and it lost. And then the City of Miami, put $25,000,000 and it passed and when I went to the Board of Realtors to ask for their sup- port, they voted not to support it and their logic was just like yours and they were right... and I said I can't argue with your logic... that this should be done by the county and not by the city, hut the fact is that the County tried and failed and thats one of the main reasons why the City of Miami, should be... continues to be a viable governmental entity, thats why we shouldn't eliminate the City as a government entity cause there are a lot of things that the can and does do and should do, that sometimes the county can't do... I agree with you, the state should do this but the state hasn't done it... I agree with you, the county should do it but the county hasn't done it and therefore we're taking the bull by the horn... '•:e're being decisive about it, we're moving ahead... I would hope. And Mr. Crumpton, let me ask you to an3.'er '?r_. nrav's question. '?hat have you done in approaching Coral Gables, what have "ou done in approaching Miami Beach and the governments, for funding. Mr. Crumpton: We have inquired to their staffs for.., "••hether their cities would be of interest in doing so and we can only ask, we can't browbeat, '!ayor Ferre: 'that has been their response? Mr, Crumpton: I have not had a response back up from the Beach nor the 4645 A'1mV 1 1077 Can es : r we have hJit a tentative response bad,. from had Cogh Mayor Ferret What is their response? Mr. Crumptont Dade County's response is that they are or Will be going to their commission the latter part of this month or the first part bf neXt month to see if they can get it. And I'm meeting with their people totttorrow afternoon to see hots this Can be put on their agenda. Mayor Ferre: I would appreciate for the Commission if you would doCU- Ment for us the letters that had been written and if they haven't I'd like to have this officially on the record... I'd like to ask the Coral Gables Commission and the Miami Beach Commission to put it on their a- genda for a vote and I think we ought to make 3 presentation to formally ask them to participate, rather than discussion through staff. And I would that Rose in your next... Mrs. Gordon: I think thats a good area for us to approach this subject and the next meeting is June 2 and I +rill... if you authorize it by a motion of some sort to do that... ok. Mayor Ferre: and I would ask that Mr. Crumpton and Mr. Ley go with you, to bring you all the prober documentation and all us have to make a Presentation. Mrs. Gordon: Yea, fine... that would be great and they could make the presentation and I move the motion. mr. ` Plummer: I -sake a motion that Rose Gordon he empowered to make a presentation. Mayor Ferre: Well, I rule you out of order because we have a motion al- ready on the floor with a second and I'll recognize you after this motion for the ordinance either passes... mr. Plummer: I don't understand, I don't like to be ruled out of order. mayor Ferre: I know, I apologize for that, but we got rules around here. Sometimes anyway. So would you... is there any further discussion on this? tlould'you read the ordinance then, please. Mr. Knox: Alright, now this is assuming that there will be a motion to amend the ordinance to include an effective date. mayor Ferre: Yes. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, THE APPROPRIATIONS nRDINAVCE FOR FISCAL YEAR 1976-77, ADOPTED NOVEMBER 11, 1976, BY AMENDING SECTIONS 1 AND 4 THEREOF, PROVIDING FO THE CREATION OF A FUND ENTITLED "LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND" AND MAKING A TrTAL P..PPROPt?IATItN TOT•?ARD SAID FUND IN THE AMOUNT OF $1,069,000.00 AND PROVIDING FOR REvENUES IN SAID AMOUNT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 'ias introduced by Commissioner Plummer and seconded by Commissioner Gordon and passes: on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. vice -Mayor Theodore t'ibson Mayor Maurice A. Ferre NOES: None, ABSENT: Commissioner '1anolo Reboso Mayor Ferre: Alright, Commissioner Plummer for a motion, 'firs, Gordon: You have to have a effective date changed first •'fir, Pl' r ier : The effect "e date as we all understand is June the 24th, 'ire. Gordon Ok, second, 1 Mt, PIUMMett Excuse e? • Mayot Ferro: No, thats already beefist i that Motioft has already been Lead the otdihande,, t. Plumber: Doesn't become effedtive until the 24th of Juitie. C:ottedt? Mts. Gordon: George Knox, said that we have to do that Knox: Right, would you move to amend the ordihande to refleotthat effective dates Plummer: you waist Me to move it? Mt. thox: Yes sir. Mr. PlUm mer : I so move that the ordinance tive date June 24th. Mrs. Gordon: Second. Mayor Ferre: 'Then was this motion Made to when will the second reading then be? SPEAKER UNKNOWN: Anytime you want it. Mr. Knox: Then the second reading can be at the next meeting. Mayor Ferre: I see, ok. There is a motion and a second that the effec- tive day be on the 24th of June. Alright, is there a further discussiory' Call the roll, please. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 77-403 A MOTIOJN INSTRUCTING THE CITY ATTORNEY TO AMEND THE EFFECTIVE DATE OF THE ORDINANCE INCREASING EXPENDITURES AND REVENUES IN THE LATIN AMMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND TO FACILITATE THE LATIN A.MERICAN TRADE FAIR Sr) THAT IT BECOME EFFECTIVE THE 24TH DAY OF JUNE, 1977. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, J Vice -Mayor Theodore Gibson Commissioner Rose Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso Mr. Plummer: I now make a motion that Rose Gordon be empowered through the Dade League of Cities. to raise at lease a million dollars. no... she be eroowered to go to the League of Cities, making a presentation requesting them to give participation into the World Trade Fair. Ac- companied by what ever staff she feels being necessary to accomplish this goal. Mayor Ferre: Alright... "Rrs. Gordon: .,.? Mayor Ferre; Father Gibson, seconds the motion. Is there further dis- cussion? Rose? Mrs, Gordon: Just an instruction, more or less.., to the manager to, in- form the league that we wish to placed on that agenda, so they will make appropriate time available for us. mayor Ferre; Aright, ^qr, Crumpton; Thats June 2hd that meeting take$ • rot Ferret Further discussion? Call the ro.� The following motion was introduced by Commissioner Pldreder Wheo thaVed its adoption LOTION NO. 77 404 A MOTION AUTHORIZING' COMMISSIONER ROSE GORbON AND SUP= PORTING STAFF TO co BEFORE TitE DADE LEAGUE OF CITIES ON JUNE 2, 1977 TO _'MAKE A PRESENTATION SOLICITING THEIR FINANCIAL SUPPORT FOR THE LATIN AMERICAN TRADE PAIR; AND FURTHER INSTRUCTING THE ADMINISTRATION TO REQUEST THE DADE LEAGUE OF CITIES TO PLACE THIS MAT- TER ON THEIR AGENDA. Upon being seconded by Commissioner Gibson, arid adopted by the following vote: AYES Mice -Mayor Theodore Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, J Mayor Maurice A. Ferre NOES: None, ABSENT: Commissioner Manolo Peboso 14, ACCEPT PLAT- LONGVIEW. the motion was passed `ayor Ferret Alright, we'll take up Item 24... Accepting the Plat en- titled Longview, located northeasterly of Aviation Avenue between Tiger - tail Avenue and South Bayshore Drive. City Commission on April 28, 1977 deferred this iteta to May 12, 1977. Alright, do we have the... Mrs. Gordon: Mr. Fosmoen, I have to ask a question of him when he gets the time. Mayor Ferre: Item no. 24 we're -on. Let me bring you up to date, this gentleman here had before us the replatting of that property, which is a long piece of property. It came out on the discussion that he had gone for a PUD... as I recall of memory served right for seventeen units and he had been turned down. After subsequent discussion from the people in the neighborhood, we asked him and he graciously agreed to give it one more try... he was reluctant to do it in the short period of time betweepy the 28th and the 12th, but he said he would give it a try... he was to get together with the neighbors... I see some of the neighbors here to see if a compromise could be reached, that the neighbors could support and if the compromise was reached, then we would take it up at this time. Mrs. Gordon: Could I ask 'Ir. Fosmoen just an elementary question, because I received a.... in last nights delivery a...what was termed a revised Plat of Longview... I compared it with the one I received in the agenda... I didn't see any difference. t•lould you point out to me what the dif- ference was? Mr. Fosmoen: I don't believe that there are any differences in this Com- missioner, except that its material backing up the plat. Mrs. Gordon: Why had it already delivered last week and then delivered again last night, which said revised... then I didn't know what was re- vised about it. Mr. Fosmoen: I have not seen that particular one,., that came out of Davis's shop not out of our shop. Mrs, Gordon: Is this the same one we saw the last meeting? Tr. Fosmoen: `des. SPEAKER UNKNOTTN; !'.rs, Gordon, T haven't seen the one that you have, but• I think probably what that is is the same one that you saw in the• last meeting with the restrictions of parcels A and B put into the plat rather_ than put into the minutes, Ts there a,,, PAR Mr. Plummer: Tell usahat you've done, Mr, Fosroen: In answer to Commissioners Gordon question, the revisioh to the plat. specifically speaks to parcels A and B, it isbeinct in joint ownership with all of the other profits from part of that. Mrs: Gordon: what happen at the confrontation that you all got together,.. are there any objections still remaining on this plat... if there isn't I'd like to know,.. if there is I'd like to knout. ,_PEAKER UNKNOWN: Well, at this point I think that the general feeling arnoung the neighbors is that they would prefer to see the planned deve- lopmentt,.. the plan area development which we've outlined here rather than the plat, however they are still... we are still not really in a- greement with them and the disagreement is in regards to density.., we have not arrived at a place where we... Mrs. Gordon: The planned area of development... how many units would be there.or included. SPEAKER UNKNOTTN: Eleven. Mrs. Gordon; And the density. SPEAKER UNKNOWN: The density is one unit to a little over ten thousand square feet... its effectively the same density as our 1B, which is the low density that exist in the City of Miami. Mrs. Gordon: Is that what you are approving... or you willing to do that or are you not. SPEAKER UNKNOWN: Yes, this is what we are willing to do in either case. The replat was at eleven as well and we are... 'irs. Gordon: Oh, but you're counting the area thats being restricted for the use of all the.., SPEAKER UNKNOWN: Yea, sent in effect... you know our feeling here is that we are taking the little patches of front yard, which normally exist in 6,000 to 10,000 square foot lots and collecting them and putting them all in one place. '1e would prefer to do it this way, rather than to wait around and join in with some other people in the neighborhood who are trying to replat their properties all the way down to South Bayshore. And this is the stand we're going to take in what we plan to do irrespec- tive of what the other people would like to do. Mrs. Gordon: Mayor, could we hear from the neighbors? Mayor Ferre: Alright. Mrs. Merrit: I am "Mrs. Merrit of 2467 S. Bayshore Dr.". I have a quest- ion for the Commission, from the various organizations. Do the Commis- sioner have the right to reject a replat plan... or the legal department or who ever? Does he have that right? Mayor Ferre: Lets ask the legal... Councilor whats our legal right? Mr. Knox: The City Commission, actually does not have a right to deny an anolication for a plat, provided that the person owns the property. The property owners may do with their property_what wish, as long as its lawful. Mrs. Merrit: Then my next question is, why is it taking up your valuable time here or. the Commission if you can't say no? You don't have anything to say. ',Ir. Plummer; Very simply what we told you last time. 7'1e're trying on your behalf to get a plan that is more pleasing, than a plan that is in spite. Just that simple. *Ira. 'letrit; Well, if you can't say you can't do this, whats the point, *lr. Plummer: The point is that this man acquiesce to the request of the Cortmissicn to try to come up with something pleasing, :�ayor Ferre; He did it voluntarily, 69 AA AV 114) 110117"1 O '•Ir. Plummer: Rather than to say, the hell withjyou.., you turned me down once I'm going to do what I ,,ant and what the law will allow Me, The former City Manager here made a statement, that really applies to this and it really is your way of thinking: Nobody wants to buy a piece of property in hell, but if you've got to buy a piece of property in hell get the best one you can get. Now, in your behalf, we're trying to get the best development for that area that we can get... I don't think that there is anybody up here, who wouldn't like to stop this situation cause it affects everyone of us, but legally we can't. So what we have done is bargain with this man.., sir we would like to see you come up with some- thing much better... something that is pleasing rather than something that is made out of spite and thats why we are spinning our wheels, if you want the truth. Mrs. Gordon: Have an interesting point though J. L., what if this Com- mission did not approve this plat. Mr. Plummer: It go's to court and the court approves it, r sat on a Plat Committee for two years. Mrs. Gordon: Did you ever have one to go to court? Mr. Plummer: No. Mayor Ferre: But is that the law? Mr. Knox, that is the law... if we were to deny an aire, he could go to court and get it. Right? Mr. Knox: He likely would get it. Mrs Merritt Ok, thank you. Oft Mr. Plummer: You're speaking to the rights of ownership, thats what you're speaking of. 'Zayor Ferre: Yea, see thats... this is a country of laws and you know there are laws that protect property... people who own property. And you can't condemn property without due process and without just compensation. And thats what this is all about, thank god for that and this country or we'd be like Cuba or Russia, where people don't have rights of property. "Irs. Merrit: Ok, You answered my question, thats what I wanted to know that the Commission cannot turn down a replat to anyone who comes before you or with a replat, so we can go back to the organization... I was at the organizational meeting last night and we discussed this, whats the point of ever trying to fight a plat, if you can't ever win... lets not waste our time or yours. So we'll go into a PUD and try to do that. Mayor Ferre: ... Mr. Plummer: Excuse me, you can fight a plat if you can prove that due to certain circumstances the plat is not acceptable. For example, Rose asked was there ever one that went to court, which if she had ask another question I think would have answered yours. Did we on of occasions, deny a plat and make the person come back with a different plat, the answer is "Yes", because many times when we had a representive of i'fire, he said " I can't get a truck in there''... the garbage... sanitation department said, "hey we can't service the area"... the water people carte in there and said " no we've got a main there, make them take the road this way". we denied many plats, but they came back with a revised plat and by law we had to accept it. Mrs. Merrit: Ok, so we don't have to ever bother you then with, you know .,. fighting a plat with any organization. This is... Mrs. Gordon: I Touldn't say that, because one thing has happen by Your Presence being here is that A and B tracks on this plat, will not be build- able tracks. And that was not included in the original plat, they were not designated as non -buildable tracks. And these.,, SPENCER UNKNOWN: Commissioner Gordon, they were suppose to have been and they would have been included as such in the resolution which You would have passed had you passed one last... two weeks ago, This ,,,as not really a result, this was something which we were going to do in any case and r r, fosmoen and I had a discussion,... 70 MaY Ict77 'War Ferret '•tell, fte ask you a you've dome back,.,. is this dieferen ago, Right? gPDAM PS UNKflOWN:tudh different: tiestio i t�i i this th1t tHat frog what you had hete tqo epee Mr. Postmen! This a PAD. SPEAXtP UNI4N0TM : Would you like tie to run you through this real guidkd.y? Mayor Ferret Yea, go head. This is a PAD app Mr. Plummer! A PUD. Mayor Ferre: "PUD". gPEN R UNKNOWN: PAD, its tedhtiidally soeakii g. Mayor Ferre: "PAD", this is a PAD approach to it. I#ey, Mr. Fc siitoen, do ynu feel that this isn't improve... that this staff...who handled this for you? i+r. Fosrloen: The staff feels this is, an improvement:.. meeting... "M Luft" , may I ask Mr. Luft y? `Mayor Ferre: ! r. directly? 1 Mr. Fosmoen: Yes. Mayor Ferre: Mr. Luft Mr. Luft: Yes sir. Mayor Ferre: You have a reputation of being someone thats very tuned to environmental problems and to good design. In your opinion, do you feel that this is an improvement? Mr. Luft: Yes sir. Mr. Plummer: Well, ask a reversed question. Mr. Luft, is there anything that you know of that this Commission could do to stop this? Mrs. Gordon: No, you don't mean that. 'ir. Plummer: Excuse me, I didn't hear his answer. Mr. Luft: You can deny a PAD. Mr. Plummer: No, is there anyway that this... in voiir knowledge sir, that this Commission could stop eleven units from going on that property? '4r. Luft: No, sir. Mr. Plummer: Ok, thats all I want to hear. I'.rs. Gordon: J. L. and Jeff, if we approve the plat, could he still do that development? Because then... Yea, because then he's going to have lot lines and set backs and a lot of 'ordinances to abide 1v and I don't think he can do that, after we approve this. mr. Luft: It would be more difficult, we would probably lose some trees in the process, because he would be committed to a straight line street and a cul-de-sac at the end. Mrs. Gordon: Right, if he's at all thinking about going to the PAD ap- proach, it '»uld be better to do it now and to go ahead and let us hold this in abeyance. Once, we approve this plat you're going to be stymied, if you want to ao that route. Mayor Ferre: well, ••hats your position on this. SPEAKER UNKNOWN; ';y partners and I have Conferred and we've talked with our attorneys,,, and one of my partners is here by the wav, so we•,, there are only three of us and I guess we can vote together today, nut �'e, • what we've decided is we wo 1d like some sort of Commitment, ent, one way or the, other from the Commission today, And this can take,,, basically what 71 KW oii we prefer is that yo ` go ahead and pass on the at... Tte' 11 put it on record and we will continue going through the process, which is a.., "'ors. Gordon: It won't do you any good, you won't be able then. SPEAKER UNKNOWN: Sure we can... we can... I *'ill commit myself right here to.., going through the process of applying for the PAD and if we can get through the PAD processing, which means we come back to you in about a month and you pass us then on a first and second reading, we will vacate the plat... which is a very simple process and this becomes in effect to substitute for the plat. Mayor Ferre: Well, I think that thats... you've acted honorable in this and I think with obvious contention you express... Mrs. Gordon: Is there any problem in vacating this plat, once its on re- cord? Mr. Fosmoen: There are no problems in vacating... there is... as a matter of fact, you could pass it today and he hold the formal recordation of that plat. Mrs. Gordon: With -hold the... Mayor Ferre: Well, whereas you're showing good faith and you're asking us to do the same thing. Alright. `trs. Gordon: Ok, then there is a mechanical way of not actually putting it on the books yet, right? Mr. Fosmoen: This would be 'Mr. Davis's choice once you adopt that andorb once you approve the plat,its his choice as to whether or not he formally.. Mayor Ferre: Yea, but he's going on record now and has made a statement which I would assume he's going to live up to... he's not going to go back on his word and if he does... I mean.... `ors. Gordon: Alright, then •?e'11 go ahead then. Mayor Ferre: Alright, is there a motion on Item No. 24 as presented. Plat Committee recommends. Yes? SPEAKER UNKNOWN: Mr. Mayor, I just wondered whether you wanted to hear a little bit more from the neighborhood groups... something that maybe more encouraging to you. Mayor Ferre: Yes, sure. Mr. Alexander: I'm "Henry Alexander" and I'm President of Coconut Grove Civic Club, speaking on behalf of that organization today. The Civic Club, does whole heartily endorse the concept of the planned area develop- ment, as the 'developer is now proposing. We've met with the developer several times and he has shown us his interest to try to do the most proper planning job on this property. We, also, of course owe much praise to the Commission. for requesting he take this direction and the plan- ning department in recommending it., also. Ok, our biggest concern is perhaps with the density and we think that could be worked out at a later date, if the planned area development concept is continued with. Obviously this planned area development concept goes far in protecting a lot of the features of the site, particularly the trees and the coral rack outcrop- ping. T7e, also again should mention that the developer has left the first two hundred feet open,... does not even challenge that question and 'ie think thats another point to his credit. 7'e, also in reviewing his design, notice that with the planned area development, there are some side set backs within the side and this planned area development that are a little bit more liberal than it would be if it were platted... these affect the distance be ween the houses ajoininq them and we hope that in reviewing this, perhaps those set backs could be studied a little bit more closely so that the distance from the residences in this planned development could be a little bit more compatible with those of the Plat- ted lots adjacent to it. Thank you. '±ayor Ferre; I than% you, Mr. Alexander... Plummer; Don't let hire go away. Let me tell you something, I'4 72 MAY i I©v*, tickled pink, your'rhere-tn _break f-.hp old fallacy and that C rnop , only comps Cut to complain. Mr. Gibson: Thats right, when they rant to raise he11. Mr. Plummer: I want to tell you something, I'm very happy to see you here representing a Coconut Grove organization, stating that here is something thats been controversial, that you're in favor of and I for one are very happy to see that. that Coconut P1r. Alexander: Thank you, Mr. Plummer., I hope we have dispense that old wives tale, that Coconut Grove does do a lot more than just complain. Mr. Plummer: Now, lets don't go into whether or not its an old wives tale or not, lets just say I'm happy to see the attitude prevailing as it does. Mr. Alexander: 'le11, then you'll be equally pleased to hear the next speaker. Ms. Smith: My Name is "Jeri Smith", and I live at 2401 S. Bayshore Dr. I'n here representing the Tigertail Association and I'm also a neighbor a couple of blocks down the street. Tigertail Association, met with the developers of Longview and the association voted unanimously to th nk the City Commission for their decision to create a planned unit development of Longview on South Bayshore Drive, instead of arbitrarily accepting a ridged replat. Tigertail Association, is happy to work with developers in discussing planned development that maintain the environmental integrity of our community. Tigertail Association, was especially cognizant at the planned unit development of Longview or even a proposed replatting... ,- maintains and does not even attempt to violate the South Bayshore Drive. set back requirement which a Tigertail Association, thinks is the key prime important factor in maintaining the character of Coconut Grove. The Association hopes that the Commission continues to resist any legal attac'i or attempted encroachment on this set back requirement... while the Tigertail Association, approved and applaud the pro_posed_planned unit development of Longview, it did not accept the density nor side set backs from neighbors exsisting home structure. Its the desire of Tigertail Association, that the City Commission maintain the concept of a planned unit development and induce the developers to modify their plans slightly to increase the set backs from exsisting neighbors structures and reduce the maximum density count. nk. Mr. Gibson: Mr. Mayor, having heard the two last people, I'm convinced thatwe're really growing up. And I'd like to offer. 'Tr. Plummer: I'll second. Ms. Smith: Right, and after my question was answered, I wanted to say that I am also in favor of a planned unit development... I'm... you know this is marvelous... we were at the meeting last night, the two organiza- tions had representatives, the neighbors were there... we would much pre- fer something that is more attractive, the only objection Tigertail As- sociation had and Coconut Grove Civic Club is, the density and I as a home owner, object to that too. 'Tr. Plummer: Let me ask you a question. Ms. Smith: The concept i rrruch prefer, yes. Mr. Plummer: Let me ask you a question. Do you feel that this plan here, is much superior to the one that you saw before? • Ms. Smith: I_ feel it is somewhat superior, it still has eleven.., they're just clustered differently. '�r.. Plummer: But, is it a superior plan? Ms. Smith: It is better than. mr, Plummer: Thats why we're spinning our wheels, 'savor Ferre: Alright, we have a ,motion now, made byaa who seconded it? Father Gibson, ..�d °Ar, Plummer: i did. II At/ 4 IA delfhwoom Mayor Ferre: Alrigi!y, further disciission2 Caa.111 the roll, Oh, yes, Aright, .•re have one mote speaker, before ate vote, i'ts, Houston: Of course, this thing go's on and on and on. t don't know what you're going to do about it, First of all, the neighbors were not Called together, as he was instructed to do. Yesterday, 1r, Davis called ite 10 minutes to 10, and said he wanted to see ;e. I had a very full day and could not spend time, looking at what ever he had to do, He'd had two weeks to do something I have been in contact with most of the neigh- bors, nobody knew anything about it, except the ones that you see here now and we've been here every time. I was invited to the Smiths last night for another reason, but he hasn't contacted all the neighbors a- round. Mayor Ferre: Well, anybody want to answer that? Ms, Houston: I don't know what you mean by neighbors,.. we're the same neighbors on both sides... we were here before and we told you what we thought, Mayor Ferre: Yes. Ms. Houston: But, the other neighbors have never been. contacted... we've never had a meeting. Mayor Ferre: Somebody want to explain that one? Mr. Cohen: Mart, ny name is "Stan Cohen", I live on Bayshore and I happen to be a partner of Robert's in this deal. In the last two weeks, Robert and Bob , the architect, have done things that neither you nor I could do. They have spent... the man has done nothing for two weeks•►' but work on this project. These things didn't get done over night... He's visited with almost everybody, he's had... '?ayor Ferre: That wasn't her question. 'MY. Cohen: I respond... she said he didn't visit with the neighbors. Ile has met with the three associations,. ... you know,'that supposedly comprise all the neighborhood groups. He met with Tigertail last night, which had the other associations present and this lady... she was de- finitely there last night at the meeting and heard the whole presentation. '+s. Houston: Yes, but he hasn't called many of the other neighbors to- gether, who are absolutely against it... the whole community is against. "That are you working for?... Just a few individuals... Mayor Ferre: No ream. f Is. Houston: Or are you working for the community. 'Mayor Ferre: We're working for the City and following the law. Ms. Houston: Well, then if this was the law before, why all the fuss and hubub last year, going before the Zoning Board on the 5th of January. And it ,was turn down by over a hundred people. „r. Plummer: Because, there mam, he was asking for 17 units not 11. Am I right or wrong? !'45. Houston: It didn't want to be... that is the correct number, yes, but we don't want that Place develop... we wanted to save i t . Mr. Plummer: 'dam, you don't have that right to dictate to another person, Mayor Ferre: Yes, she does. s, Houston: Yes, I do.., Mayor Ferre; Yes, you do„, , you knew how you do it? You buy his prooerty, Mr. Plummer; oh, come on, ', ,'yor Ferre; Thats the only way in the United States, there is• such •a thing as the right to prDperty, Y-,u gannet taste that maws right, 1 Plummer; have the right to buy, Fhe can negotiate to buy„ MAY 127 Mayor Ferre: .She doe. t have .the right, but theCi ity does. And the °nlY way we can do it....you can negotiate to buy it, we have the right to take it for specific reasons, which we don't have at this point and you have to pay them and we don't have the money. So, you know... Ks. Houston: But, he did not call all the neighbors together. Mayor Ferre: Alright, snare. MS. Houston: That what he was supposed #o do ' Tbere are neighbors nearby who don't even know anything about it.s_ t.' they don't even know about these meetings. Be did not call the neighbors together. Mayor Ferre: Alright, thank you. Call the roll, please. Thereupon, the following resolution was introduced by Commissioner Gibson who moved its asoption: RESOLUTION NO. 77-405 A RESOLUTION ACCEPTING THE PLAT ENTITLED LONGVIEW, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPT- ING TUE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IM- MEDIATE CONSTRUCTION OF FULL WIDTH HIGHWAY IMPROVEMENTS ON TIGERTAIL AVENUE AND ON SOUTH BAYSHORE DRIVE UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORI- ZING 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 Plummer, the resolution was pas- sed and adopted by the following vote - AYES: Vice -Mayor Theodore Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. 15, ACCEPT BID FOR LEGION r''IiEr4DRIAL PARK BOAT RAMP AND PARKING, Mayor Ferre: Resolution on 32, Boat Ramp and Parking tiegion Memorial Park... Webb General Contracting, total 645,000... funding $50,000. Accepting bid and authorizing the City Manager to excute a contract. City Manager recommends. And you are here for what purpose? Fir. Collin: % ell, I'm mot here against the ramp, I'm in favor of it. Mayor Ferre: I can't hear you and you have to identify yourself for the record. W. Collin: Ok, ?y name is "Robert Collin", 7 live at 746 N.E. 67th St. and also President of the northeast... President of the South Elmira Im- proving Association, and its at the request of Mrs. Rockafellar,whIs President of the Northeastern Association and also, 'Tom Mclean, here of the Parks Department. I'm trying to find out, whether there is going to be a dock included -in the plans in developing this ramp, and my reason for that is, because a ramp all alone is very dangerous, because in order to get into the boat everybody has to walk into the water... or get out of the boat, you got to step out into the_water... Mr. Plummer: Thats a good question, lets get you an answer. Mr. Grassie, 'is there a dock included? Mr. Grassie: Mr. Howard, the Director of Parks, will answer that question. Mr. Howard: Yes, there is... the ramp is being built first and then the docks are being ordered the same time we're ordering docks for Dinner Key. &ARV n 4F ... the new ramp of Aner Key. Mr. Plummer: Thats the one of the Coast Guard? Mr. Howard: Yes. Mr. Plummer: Its about time. Mayor Ferre: Alright. Mr. Collin: Alright, thank you verytnuch_. when? Is this going to be *put in Mr. Howard: Hopefully, within the next month or so, the request will be made. Mayor Ferre: Alright, on Item 32, any further questions? Mr. Plummer: I move it. Mr. Collin: I just wanted to know when the docks were coming, I didn't quite hear it. Mr. Howard: Well, they ordered a requisition. The request for a re- quisition will be made within about a month. Mr. Collin: Oh, fine. Alright, thats it. Thank you. Mayor Ferre: Alright, Plummer moves, Gibson seconds. Further discussion? Call the roll. p Thereupon, the following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 77-406 A RESOLUTION AWARDING THE BID OF WEBB GENERAL CONTRACT- ING, INC. IN THE AMOUNT OF $45,119 FOR THE LEGION MEMORIAL PARK - BOAT RAMP & PARKING; ALLOCATING THE AMOUNT OF $45,119 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $4,963 TO COVER THE COST OF PROJECT EXPENSE; ALLOCAT- ING FROM SAID ACCOUNT THE AMOUNT OF $902 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM Or. (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 pas- sed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 16, AUTHOR CITY MANAGER TO NEGOTIATE CONTRACT WITH MARTIN IJBIN AND HENRY GRADY 1 FOR RjE�V,,ELOPMENT OF MARINA AND MARINE SUPPORT FACILITIES IN LAGOON WEST OF IAMI MARINE STADIUM, Mayor Ferre: Is there anybody here on Item 33, 34, 35... 35. Please, step forward. This is accepting the bid of Martin Rubin and Henry - . - Grady III , for development of a marina and marine support facilities in the lagoon west of Miami Marine Stadium, south of Rusty Pelican Restaurant and north of Rickenbacker Causeway;'and authorizing the City Manager to negotiate a contract. Are you here as objectors? Are you here as proponents? SPEAKER UNKNOWN; They are the firm recommended. Mr, Grassie: That i Mr, Mayot Ferre: i See, then would you make the presentatioh.., On Item 35... that... :fir. Grassie: Mr, Jennings, will speak to this item, Mr. Mayor. Mr. Jenning: Mr, Mayor, and members of the commission. In early March, the City Administration, solicited bids from the public for the instal- lation of a marina and marine support facilities, in the area of the lagoon at the Miami Marine Stadium, The bids were accepted by the City on April 15th, there were two bids submitted, My department... my staff and I evaluated those two bids and it was our judgement, that the bid of Mr. Rubin and Mr, Grady was the bid that was in the best interest of City of Miami, to be accepted. So, we are recommending to you and I believe there is something in your books... an analysis of the two bids. We are recommending to you that the bid of Martin Rubin and Henry Grady, be accepted and that the Manager be authorized to negotiate a contract with those gentlemen for this project. Mr. Plummer: Are you saying that there were only two bids received, total?_ Mr. Jenning: Yes sir. Mr. Plummer: How many invitations to bid were sent out? MIr. Jenning: 13 sets of bid specifications were mailed out, sir. Mr. Plummer: And they basically were to all local companies. Mr. Jenning: 13 sets were picked up by... Mr. Plummer: In other words there were none sent out. Mr. Jenning: '7e11, the advertisements... (INAUDIBLE) Mr. Plummer: But, like we do with... Mr. Jenning: It was advertised in the news papers... we also mailed out some of the advertisements to various firms and all those that we... as a result of the advertisement and our mailing, 13 firms or individuals picked up the specs. Mr. Plummer: Alright, Mr. Jennings, I do not see here anywhere a diagr(' of where these proposed boat spaces will be. Mayor Ferre: Well, and we need a lot more information... I mean, for example; I see that there is no minimum guarantee and... Mr. Grassie: ?Mir. Mayor? You're not being asked to approve a final con- tract. Mayor Ferre: Ok. Mr. Grassie: Let me explain why this Ls coming to you as it is. The two bids that we received were different than... they had some differences from what had been asked in the bid proposal. In other words, each one of them had some variance from what the City had asked for strictly. Basically, the proposers were suggesting that we go farther than what the City had asked to be bid on, under that circumstance you don't have a direct comparability, so what we are doing now, is selecting the firm with which you will negotiate. When thats done, then the agreement will come back to you. Mayor Ferre; Then you'll come back? Mr, Plummer: I'll move it, Mayo,- Ferre; Alright, there i5 a motion on term 35 , , . seconded by Father Gibson, Is there further discussion? if not, call the roll. i Mr, Plummer: Wait a minute. In fairness I see Commander Sprague here, 77 MAY 12 1977 AI Mayor Ferre: You want to say anything at thisime? M. Plummer: You want to say anything?... Because he was the nonjwinner. (INAUDIBLE) Mayor Ferre: Alright, further discussion? Call the roll, Thereupon, the following resolution was introduced by Commissioner PlUMmer who moved its adoption: RESOLUTION NO, 77-407 A RESOLUTION APPROVING THE ESSENTIAL TERMS OF THE PRO- POSAL SUBMITTED BY MARTIN RABIN AND HENRY GRADY, III, A PARTNERSHIP, FOR DEVELOPMENT OF A MARINA AND MARINA SUPPORT FACILITIES UNDER AND AROUND CITY OF MIAMI BAY BOTTOM LAND IN THE LAGOON SITUATED WEST OF MIAMI MARINE STADIUM, SOUTH OF RUSTY PELICAN RESTAURANT AND NORTH OF RICKENBACKER CAUSEWAY, AND AUTHORIZING THE CITY MANAGER TO PREPARE A CONTRACT BETWEEN THE CITY AND SAID PART- NERSHIP FOR SAID DEVELOPMENT SUBJECT TO FINAL CITY COM- :1ISSION APPROVAL. (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 pas- sed and adopted by the following vote - AYES: Commissioner Rose Gordon /0-. Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore Gibson Mayor :Maurice A. Ferre NOES: None. Mayor Ferre: Alright, Commander Sprague. Commander Sprague: My name is "Commander Sprague", I live at 6845 S.W. 130th Terr. Thank you, very much for recognizing me, Mr. Mayor. Its sort of a 3ivilege to be here, since this is a first time in a long time that I have been here and this time its on the other side of the podium. I think the last time I was here, I was resigning after 8 years of service to the City, which may suggest that old sailors,.unlike old soldiers don't fade away. I'm only here today because I knew that we had lost in our proposal to the City and I wanted to extend my congratulation to our /` competitor, Mr. Radin and also to... but you know that my partner and I have some reservations about the feasibility and the viability of his plan and they will be ready and willing to talk with you, if the opport- unity should present itself and I would like to ask if there is any time table on this? If I read the proposal or the solicitation for proposal correctly, there should be only about 30 days be:'ore you decide. "lay I ask if thats correct? :Mayor Ferre: When would you be coming back to the Commission with the specifics of this negotiated contract? Mr.. Grassie: I would estimate, Mr. Mayor, that it would take between 30 and 45 days for the staff to get an agreement. 'Mr. "Mayor: Between 30 and 45 days. Alright, I think, Commander Sprague is a man thats respected in the marine circles in this community, and I think certainly his opinion is one... it certainly weighs heavy with me and I would assume it weighs heavy with other members of this Commission And as I know it does with Mr. Jenning. And I would strongly recommend that if ha so offers his services,.. now you realize that you would have a potential conflict here. I would assume that by getting involved in this process you would be waiving your right to come back then as a second bidder, should the first bid not be... you recognize that. Commander Sprague; '1e' ve submitted our bid, Mr 'Mayor, Mayor Ferre; 'that I'm trying to tell you is this,,, since you are the second bidder, under normal procedures, if we can't come to an agreement wit the first bidder, then we go to the second bidder, if you get 1� MAY 9 9 1O7 , =hVOI e4. h• the pfdd e fi 00100ih the titet M,`ae .e *he 4eeaftaic�e'ie� -mmaftder Apr&suet t wit. Mayo ` Perte: Therefore '1.. L the th h .. a `t All oVe • i s iti 1 b.' fV i i 1 h th Wee Naught, :e 'id have :. baok to yotx 'Commarider kirague: Wadhlt euggettihq, that Mayor Pete: NOW t eee, i mieuhderttood. very much. Ally further dieouseion Commander 8prai ue : 'hark you, Mr. Mayo t be thvOlVedii . that. ,1ich, toi thin thank you 17, PERSONAL APPEARANCE OF MRi DAVIb 8ALKIN CONCERNING VELObROMEi Mayor Ferre: Mr. David Balkin, you are recognized. .... Mt. Balkin: My name is David Balkin, I live at 3181 Matilda Street in Coconut Grove, and I'm here speaking today on behalf of the Velodrome. Each of the Commissioners and the City Manager received a package on Velodrome materials and I just have a few remarks to make. It seems to me that the real question today here is not whether Miami is going to build a velodrome or not, although that's certainly part of it, because the Commissioners have gone on record and the Manager's Office has approved it, but what is the future of Miami in cycling? What is Miami really going to do? The benefits of building a velodrome is not going to bore anybody with their over- whelming. It promotes Latin tourism, it promotes United States tourism, it's a source of positive news from the downtown area for a very modest cost, it attracts a lot of attention, it costs less than swimming pools, tennis courts, it can ... in the bottom line as a course it can teach anybody the proper cycling techniques, not only races. The place to build this velodrome, we outlined four different locations, the place to build this velodrome is clearly Bicentennial Park. This is a downtown facility that begs to have some kind of active participation put into, nothing is more positive than cycling. The future of Miami is a clean air tourist economy, the City really hangs in the the balance, it hangs in the balance just like this pollution index, everyday the pollution index which is the most contrive piece of information that is possible to be feed goes up and up and what's the reason for it. Well, I don't know,it's a combination of factors. We don't have any heavy industries, but we certefi'y have a lot of cars and cycles may not be the only answer or any answer, I don't know, they are existing and the city has not done one positive creatively thing for the cycles, not one cent, or tax dollars have been spent to encourage cycling of any kind, no media campaign has been done and to me this just seems to indicate that the City of Miami is living in the oast, that if we didn't have an energy crisis, if we weren't concerned about gasoline, if we weren't concerned about rapid transit, if we had unlimited oil, I'd say , well you know, people are used to it they're living out there life streams with an automobile , but we're all questioning that, and all I am saying is that we have to give people an opportunity who want to, to ride a bicycle, and we don't do that, the City doesn't do that, and there are cities that do, and if this City which has approved its velodrome and has been (what's the word to use) the City has been defeated in court, although it never got to court. The City Attorney's priorities are such that the velodrome, the interrogators were late in being written, they were late in being answered. There was no real effort on the part of the City Attorney's Office to get this thing off the ground, there was no, you know, this is what we have to do now. Well, there was a dozen other things that I have to do, talked to City Attorney's involved and I haven't the time to do this, well that's an attitude and that's realistic and that's a fact of life because everybody is over- worked, but again the bottomline question is, is this City going to pay a lip service to a velodrome? They have been successful everywhere they've been built, overwhelmingly successful, Tressler Town Pennsylvania, where is that town? They get 4,500 people on a weekend, they pay real money to see track racing, they get international events, they get olympic events. Mayor Ferre: Dave, let's cut through because I'll tell you this Commission has many, many times gone on record, you know, in backing you and frankly as I wrote you I was kind of amazed that you would write such a strong letter to this Commission, you ought to go fight and do your battles with Metro. We've approved two sites. Mr. Balkin: I live in the City. I live in the City and I understand what you're saying but the fact is that... Mayor Ferre: You also live in Dade County. Mr, Balkin: Yes, but we're talking about money, that this is realistic. We're talking about money that's available, the City has approved the project, but it doesn't get built, and why doesn't it get built, that's the question? Mayor Ferre; Dave, you want your velodrome? Mr. Balkin• Yes, i ■ ■ i i 1 1 1 Mayor Ferre; Alright, now, 1 want to tell you we approved it in Bicentennial Park, that got knocked out, We approved it in Robert King High Park, we had all the Boy Scouts and everybody all upset, then we approved it out in virginia Key, alright, 80 then we tried to get it through, we got the money, this Commission went on record, we voted for it. The whole thing went through, then Metropolitan Dade County started to stop us and evidently they have the legal right to do it. Now,... Mr. Balkin: I don't agree with that, I don't think it's even been proven, I mean, now if you're going to make a statement, the fact is they didn't have the legal right to do it, they had the time to do it, as long as this thing was delayed by the attorney's office, it's just seems to be that there is a conspiracy of lawyers or attorneys and not even a conspiracy, but it affects not only the velodrome, the whole damn city government, that if you take long enough things just die of their own and that's what happened with this velodrome, because the City Attorney's Office never took one step to aggressively go to the County and say let's prove this out, whether they were afraid of the decision or whatever it was. Mayor Ferre: The County read the Miami Herald editorial and as usually happens in these things they jumped on the City of Miami right away and the way they found, they said, well you can't connect, you need water, ok, and technically we've been hung up on that for a year as I recall. Now, everything else is ready to go except for that. Now, if you'll forgive me, let's see if we can cut through and get to the conclusion on it. Now, would you tell us where we stand, what your recommendation is, can we cut through, can we proceed, how do we proceed, what's the next step, who's going to answer this? Mr. Knox: Well, the only thing that I can say is that this matter is in litigation as far as that part of it is concerned. Mayor Ferre: Where is it in litigation, is it in court, is there a date set for a hearing? Mr. Knox: No sir. Mayor Ferre: Who is the Judge, has a Judge been assigned to it? Mr. Knox: Oh yes, the case is actively proceeding, as the gentleman indicated, you know, interrogators have been propounded and answered by both sides and it's a matter of when a trial date has been set. Mayor Ferre: George from a practical point of view, do we have better than a 50/50 change of winning, is the risk that we are undertaking in this thing more than the possible benefits? Mr. Knox: Perhaps as to this location, it may be. It may not likely that the City of Miami's position will be upheld in court as to this location. Mr. Balkin: That's an honest man. We'll lose the case because we're fighting mangroves at the same time, now the County has come up with the fact that mangroves are involved and to put a couple of developers out of business and it's going to put the velodrome, , Virginia Key becomes a dead issue as soon as they start mentioning the mangroves, and that's a fact. Mayor Ferre: Well, alright, now, look from a practical point of view Joe, if that's the case, why are we beating our heads against these brick walls all the time, why don't if we can't do it there, we want to promote cycling in Miami, isn't that our main a premise here? Mr. Grassie: Yes. Mayor Ferre: So, if we can't do it out in our property out on Key Biscayne, now I see that there is some alternative site evaluation that I see, now have we studied these, is there a recommendation, what is the Administration's position on it? Mr. Grassie: Mr. Mayor, one of the first things that I did when I came to Miami was run across the velodrome project, and much to consternation of the staff, I asked the staff to go back and take a look at the entire city because I thought that the proposal to put the velodrome out on Virginia Key didn't make any sense at all and the staff did that, and they went back and they looked at every possible alternative that could make any sense to them, and they finally came back to me and said there's no place that is politically acceptable (and I say politically in the sense that the neighbors will accept it), but there is no place in the city where we can put it other than Virginia Key, so I had to give up at that point and I had to say, well , you know, if there's no place else, then we're going to have to try and put it on Virginia Key. I still don't think that that's a good place for it,and in view of the objections now raised by both the state and the county, I think that we probably will be a long timg before we put it there, so if we're going to build the velodrome we're going to have to find another place but the other places are going to be sensitive in the sense that we're going to have an argument with the neigbhors where ever we put it. a• RIA Mayor Ferre: What a community, this is the Interatha Syndt a all over again. Mr. Balkin: Well, what kind of neighbors do we have in... Mayor Ferre: It takes forever to get anything done in this town because everybody is against everthing and it seems so difficult to get people to be for something. Now, this, Dave, hold on you're going to get your velodrome some day, we'll just have to fight through. Now, look, you have four proposals here. I'm going to tell you that I'm not going to go back and start battling the Miami Herald again and DaannPaul n Bicentennial Park. I happen to think that that happens to be a pretty location for it, but right next to that expressway it would be a darn good location, right now, that's beyond the sensory garden, it's kind of a dead spot in the whole park anyway, there's nothing going on there. Mr. Grassie: If you tell us to put it there, we can put it there very quickly, but you know, it's a problem. Mayor Ferre: Well, but I'll tell you I'd rather take, maybe we better be able te o take Dan Paul on than to take on all those new neigbhors , who in a way havearguments that are valid and they're neighborhood'. parks. If you go to Morningside Park, you know, you're right next to Mr. Grassie: Morningside Park is a definite political neighborhood problem and the question of Dinner Key, you know, you cut out all of the parking for the facility...you're spending 3.7 million on, so that doesn't make any sense, If you put it in oing to have a Douglas Park you're putting it on a formal land fill and you're not g velodrome you're going to have a series of hills, you know. We've rebuilt the so you tennis courts in Douglas Park three times already because they keep know it's not, you just can't do it there. Mr. Plummer: Let me ask this question, ok, why must it be in the city, because the obvious °lace that comes to my mind is the tropical race track, they've eugotoall lkinds of room in that place and they're spending all kinds of money. one of the reasons, because we're having a problem here whether Dave wants to accept it or not is Miami's 96% development, that's the problem. Dade County is like 50% developed. Now, Dave says he wants it in the City of Miami. I think this Commission has expressed, we want it in the City of Miami, but dammit, you got to be practical, where is it going to go, and I don't see a thing wrong with it going in Tropical Race Track or some other facility, such as that, especially where it's now being developed, I don't see a thing wrong with it. Mayor Ferre: Here we are a major city, trying to become an important international center and we're scared to. death. Scared to death to do anything, you know, can you imagine Houston or Dallas or Atlanta talking like this, I mean, we're always finding reasons why we can't do this and we can't do that and why we shouldn't do this and look, good God, isn't it time for this City to grow up and say we want to be a major city and we want to attract things? Yes we want to have a permanent trade fair, yes we want a major baseball league stadium here, yes we want to support complex, yes we want a velodrome, yes we want a convention center, you know, why, why do we always have to find all the reasons why we can't do things? Mr. Plummer: Well, you know Maurice, you make that statement all of the time and I guess somewhere along the line somebody has got to stand up and tell you why. Mr. Balkin: Yes, I'd like to hear it because... Mr. Plummer: Well, just keep your pants on friend, you're going to hear it, ok? Mr. Balkin: Yes sir. Mr. Plummer: Now, let me tell you the reason why and I'll tell you why I've got hesitations and reservations about a velodrome and it's very simple, unfortunately you only come here on pot shot type of things. You're not here all the day as every- one of these Commissioners are and had you had the opportunity to be here, I don't know whether it was four or six weeks ago, you would hear Dave, very simply that this city is faced with probably the worst financial crisis that we're ever going to face. We're faced with laying off policemen and firemen and city employees and you know why, we don't have the money. Now, let me tell you something, there is no question in mind if you go to the public of this city and say to them, do you want me to knock off six policemen or put in a velodrome what their answer will be. It's all a matter of priorities and I've got to tell you something, my priorities obviously happen to be a little different than some other Commissioners up here and I'm glad of it because it makes for a healthy ballgame, but I'm going to tell you something, I don't know how I can sit here and spend $200,000 of taxpayers money to tell them I'm going to build them a velodrome but I'm also telling them that I know that I'm `! i 1 2 MAY 1 21t177 down seven million dollarsn the upcoming year and I'm going to be laying off police= men, I'm going to be laying off firemen, I'm going to be laying off life giving support to put in a bicycle velodrome. Mayor Ferret Mr. Plummer? Mr. Plummert Mr, Mayor, I was quiet while you spoke. Mayor Ferre: I'm sorry I thought you were finished, Mr. Plummer: All I'm saying to you is sure the Mayor's priorities are different than mine, and God bless him. So are Rose's different than both of ours, and 1anolo's but let me tell you something, when it comes down to the bottomline and that is what service are we going to provide, I think that's where the priority has got to be set. Mr. Balkin: Well, wait a minute, let me please say something, please? Mayor Ferre: No, no, after I finish you'll say something. Mr. Balkin: You bet your life, I'm telling you... Mayor Ferre: Now, in the first place Mr. Plummer, you know just as well as I do that the $200,000 does not come from the operating budget. Mr. Plummer: I've heard that story Mr. :Mayor... Mayor Ferre: You also know, now wait a moment , now I'm going to repeat what you said, now you also know that if that $200,000 is not spent in the velodrome it cannot be spent for seven more policemen. Now, secondly you also know that in this country, these United States were to use that type of thinking in our national budget, then yes, we wouldn't have a sixty billion dollars deficit, but neither would we have an army nor would we be able to do the many things that this country is attempting to accomplish. Mr. Plummer: Like trying to buy friends. Mayor Ferre: I realize that an aspiration toward something better or bigger is some- thing that causes difficulties, but I want to say to you that this is no longer a village. Miami can no longer continue to have a village mentality. If we are to think of ourselves a major metropolitan area then we've got to act like a major metropolitan area. If we want think like a village then I would recommend like some people in Coconut Grove recomended that we chop ourselves up into little areas and go back to being little villages, but you know, you can't have both things and the status quo is something that is an allusion, a real allusion, you never stand still, you're either going up or you're going down. Mr. Plummer: That's exactly my point. We're going backward. Mayor Ferre: Well, you and Steve Clark have been saying that now for 10 years and I still see the City of Miami around and the budget keeps on going and we find money and things keep on happening and we're still going. Air. Plummer: Mr. Mayor, do you recall of any time where we have been put on notice by the Manager that in the upcoming year we are going, we provide the same level of service to be in a deficit of 7 million dollars. I don't remember a year. Mayor Ferre: And, :Metropolitan Dade County, if you've been reading the newspaper, you see whatMerrett Stierheim is saying, he's saying things that are even more drastic and you saw that Mr. Britton was saying that the School Board was going to have to cut 30%. :Mr. Plummer: That's their problem. I don't have to answer for their problem. Neither do you. I've got to answer for the problem of the city, new if you want to turn it around and let's go to the other route, I'll use your argument. My God, we the City of Miami picked up 27% of a 300 million dollar bond issue and what did we get for it, "nothing", we got an improvement of Vizcaya and we got an improvement to the Dade County Auditorium, that's our 27% of 300 million dollars. Mayor Ferre: And, what I'm telling you is that the alternative to that is not to sit back and do nothing. Mr. Plummer: Mr. Mayor, I have never proposed that we sit back and do nothing. saying that we are limited in what we can do. Mayor Ferre; Alright, J, L, are saying then that you are against the velodrome period, is that it? Mr, Plummer: Mr, mayor, I didn't say that, 83 Mi Mayor Ferre: Well, then what are you saying? Mr. Plummer: I am saying that I think this community is entitled to a velodrome. I don't necessarily agree that it has to be in the City of Miami only. If we pay 27% of 300 million dollars. I think this community is entitled. This City is entitled to go before and back this man to build it into the county. I don't think it should be denied, not at all. I enjoy riding a bicycle, I don't know that I would enjoy a velodrome, but why does it have to be here? Mayor Ferre: Why not? Mr. Plummer: Let me ask one question, have you ever approached Dade Couhty officially to build it in the County? Mayor Ferre: Alright Mr. Balkin, you're recognized. Mr. Balkin: The answer is no. Mr. Plummer: Then the next question has to be why? Mr. Balkin: Because when you're playing poker J.L. and you got your money in the pot and you're playing your hand out you go with the best cards and you do the best you can. Now, let me answer your question of why it has to be in the City of Miami. It has to be in the City of Miami because I live in Miami. I have a lot of pride in Miami as you do. I don't come to the Commission meetings but I've gone around for eight years around the country on my own money and promoted the City of Miami for real. This city is a cycling center. It's a cycling center in name only. I announce bicycle races. Now, nobody asked for this. I'm not asking for credit it, it just happens to be a fact of life. Now, it gets to the point where why doesn't Toronto have a major league baseball team? I go up in Boston, that's a major league town, that amazes me, why r, doesn't Miami have one, this is in the United States of America, and the reason it doesn't as Mayor Ferre suggest is that if I go to the County it's 21 years or 3 years down the road. Youngstown, Ohio wants to build a velodrome immediately. I don't want to go to Youngstown, Ohio, I live in Miami. Mr. Plummer: But they don't have the property problem that we have. Mr. Balkin: But we don't have a property problem. We have a park and we have a decayed downtown area that isn't even decayed, if you want to know whaat decay is go to Detroit, Michigan or go to some inter -cities, that's decaved , but downtown Miami area is beautiful and all you read out of it is bad press, bad press, and you know that, you're the most chauvinistic Miami person going, you're everywhere, you epitomize what the City of Miami, what a Commissioner should be to me,for real, because you're involved, you care for the city, everybody in this Commission obviously cares for this city. I care for the city in my own way. The fact is that this is Miami, a velodrome isn't a big deal, it's $183,000,you improved the tennis courts right in front my house and you must have spent more money than that and it doesn't attract any attention,yet it's good for the community, and I'm telling you that a velodrome can teach cycling techniques so the people use, the roads of the county to start to ride bicycles that you can take 300 gallons of yellow paint and start the stripes and on secondary streets and you can see people riding bicycles, they do it in Milwaukee, Wisconsin, they do it in Davis,California and every place they do it, the City is better for it and none of them are like Miami. None of them have the flat terrain and the good weather and what stops this kind of thinking. You are talking about rapid transit, you talk about improving this city, the velodrome bring money in, every latin country, every latin country has a major sport, what's wrong with Bicentennial j:rk, what's wrong with a place right underneath a causeway that nobody is going to come too, that they only see at night with ? Tell me I'm wrong, I'll listen to that. Tell me my logic is wrong, tell me that my motives are wrong, tell me that that corner of Bicentennial Park can be used to a better purpose, tell me that there are some neighbors that could object, who are the neighbors? I'm running a race on May 15th in downtown Miami and nobody knows about it. The Miami Herald was against the velodrome, runs a whole article on bike week the combination of which is a City of Miami sponsored event, $5,000 race and it hasn't been one word in the Miami Herald that we have riders coming from all over the world. Well, you know what I do I grin and bear it, that's all I can do. Mayor Ferre: That's my line. Mr. Plummer: What do you think we had with Golden Gloves? Mr. Balkin: It's the same thing, so we're all fighting the same battle, Mr, Plummer; No, this year was different. The Herald co -sponsored it and we got a lot of lines in the paper, but up until this year we couldn't get ten cents worth of publicity about it, 84 11AV 0 1077 Mr. Balkin: Well, that answers the question. I write a letter to Doh Shoemaker saying, you know, what can we do to promote cycling and a velodrome, and he says, city du1np, a velodrome it's all the same to me, that's the response I get back. Mayor Ferrel City what? Mr. Balkin: There's a dump out in Virginia Key. t'm saying, that you know, why is the Herald against a velodrome, why is not the Herald trying to promote some cycling, what's wrong, tell me what's the matter and I get back a letter and I'll show it to you, it says, "city dump or velodrome in Virginia Key it's all the same to me". Mayor Ferre: No kidding! Mr. Balkin: That's the answer I got back from bon Shoemaker, that's the attitude of the Herald. I write him back a letter and say, well that's ok, that's your attitude but that answer begs a question. Mayor Ferre: .You know why, because it's a city project, that's all. That's why Plummer may be right, if there were a Metro Project, maybe this thing would have been much further along. Mr. Balkin: Well, I just live in this city. I'm involved,I'm going to go around the country again this year and I'm going to be either be talking about the City of Miami or I'm not. I'm either going to shut up or I'm not,and I have a public image or a public presence, whatever it is, I hit an awful lot of people, just tell me what to do. I don't mean to get mad. Mayor Ferre: City dump or velodrome all the same to me. Mr. Balkin: That's the answer. I haven't gotten one word about the Miami 100 in the paper. Mayor Ferre: I'd like a copy of that, would you send it to me please? Mr. Balkin: I certainly will, and I wrote them back another letter and explained again just over again how patient... you know, here's what a velodrome will do, please give me scme kind of an honest response because yours begged the question, and I haven't received a word on that yet, and it's just apparent that there's an attitude of lethargy and what people are saying ... Mayor Ferre: Oh, it's much worse than that, if it was lethargy we'd have a lot of things going in Miami, because we would have gotten them through. It's not lethargy it's out- right antagonism. Mr. Balkin: Well, you know, people are saying nobody would ride a bike, you know, nobody. is going to ride a bike, the fact is if you stripe some lanes of streets like 16th AvenuE and I have dozens of routes around the city, give people a chance, there are some people who are crazy enough to do it, it doesn't move meaningful numbers of people but you begin with one and one and one. Mayor Ferre: Hey, let's see if we can cut through now and get on the positive side here. Joe, you have any recommendations? Mr. Grassie: Among the four sites that are identified, probably Bicentennial is the only one, because of the neighborhood problem. that would be acceptable. Mayor Ferre: You think Bicentennial at that location that's identified there makes sense? Mr. Grassie: If you feel that we can seriously look at Bicentennial because of reasons of the history of it, I think that it makes sense to look at it very seriously, yes. Mrs. Gordon: .... how many acres? Mr, Grassie: That really would be a question of your deciding whether it's worth it. Mrs. Gordon: I'm asking a question, may I have an answer from somebody? How many acres are involved in developing a velodrome? Mr, Balkin;. I think it's 200x400 feet, I don't know what that is in acres, 300 x 490 fit, Mr. Fosmoen: That's about 2 acres Commissioner, !Ts, Gordon: Mr, Manager? About to acres. Ts there a corner of Watson 141and we can use? 85 MAY 12 1977 Mt. Grassie: I'm sorry ma'am. Mrs. Gordon: I saw these but I didn't particularly care for any of them. Could we use a part of Watson Island? Mr. Plummer: How about One Herald Plaza? One Herald Plaza, the city dump, it hakes no difference to me. Mayor Ferre: Ah, you should have never done that, you know what's going to happen to you? Mr. Plummer: Yes, I know what's going to happen, I'll be in the Maurice Ferre morning ta... Mayor Terre: That was a bad mistake Plummer. Mr. Plummer: It won't be the first one I've made up here. Mr. Grassie: To answer your question Commissioner, if the bicycling community feels that that's a reasonable place and I'rn talking strictly about access, certainly there is land available. Mrs. Gordon: 0n Watson Island, there is some land available? Mr. Grassie: Yes, you asked about Watson Island... Mrs. Gordon: Yes, I would think that would be probably a place that you wouldn't find a tremendous storm of objection. It would be accessible. Mr. Balkin: Well, certainly that's a beautiful place, but there are so many 27 billion' dollars proposition going on there, it wouldn't hardly even... Mrs. Gordon: Yes, let me tell you you're have the velodrome.... Mr. Balkin: You know in downtown Santiago in Balboa Park they built a velodrome, they didn't even build any bleachers,they just landscaped, they just continued the concrete ribbon around and then they just landscaped it with grass to be the bleachersaround the facility. The facility is used all the time. The inside track is used by people who cycle,the cycling track is used by racers and the people get to sit in the grass and overlook everything, it wasn't a monumental cost. Mr. Plummer: Dave, let's be fair too.How many cities do you know in the United States have a 1,400 acre park in the center of the city like San Diego does? You don't miss 2 acres when you got 1,400, a big difference. Mayor Ferre: Mr. Grassie, I'll tell you, we're not going to get to the end of this, an, I would like to recommend the following. I would like to recommend that you do three things, number one, that you have appropriate staff, give some very serious consideration to Watson Island and see if we have the space there without doing harm to the boating community and to the future development of the recreational areas there. Number two, I'd like for you to contact(and this thing has been hanging on long and I know how very busy you are with so many projects, but would you on a one-to-one basis actually on the phone call Merritt Steirheim and commend to them and perhaps he can appoint staff and very quickly we can look and see if we can joint venture this, perhaps at Tropical Park, like Commissioner Plummer... and I agree that would be a very logical location. Mr. Plummer: Look, Maurice, please I wasn't naming in particular, it was just the one that came to mind that is being developed at the present time. Mayor Ferre: No, we just don't seem to be able to find an appropriate location,and number three, would you also re -study the Bicentennial Park proposal and give another look, come back with your recommendations. We'll have to schedule another public hearing and go through this whole rigmarole all over again, but you know in Miami that's the way things have to be done, you don't do them simpler in one year or in two years, if they're worth doing Dave, it has to be like you, you're going to have to stick with it, grin and bear it and just keep on plugging until you get it, we'll get it done. You got the goodwill I think of this Commission, it's just a question of having the fortitude and the perserverance that's all. We'll get it done. :sir, Balkin: It's philosophically, which I'll take very little time with because that's worth nothing. It's a hard way to make a living, you know, when you take no for an answer one hundred times and just keep going back one tends to get discouraged and the fact... NY _ 1 9 1077 Mt. Plummer: Think how set 101 is? Mr. Balkin: Well, if you live that long, that's the problem. The problem is, and it's not only with the velodrome because I live here and I pay taxes and the reason my letter is so harsh is I'm just as frustrated as anybody is up here, because there are are ways to do positive things for this city that just aren't getting done. This is a positive thing, let's forget about the velodrome, what will the city do about cycling? What is the city going to do to strike the secondary roads? If I gave Mr. Grassie a list of secondary roads of alternative bike routes to go around the city and to use it as a transportation and we could collect enough money to buy three or four or 500 gallons of yellow paint and do what some other cities do, would the city do that, forget about the velodrome, would they, would they even be interested? Mr. Grassie: Assuming that, reports from the Police Department indicated that it was safe for the cyclist and that we could get the concurrence of the traffic engineer, the answer is absolutely is yes and you don't have to put up a penny. Mr. Balkin: That sounds like a good deal. I'll give you the routes because it's done in other cities and it's not only safe for the cyclers, it tend to take some cars off the road. Mr. Grassie: Don't overlook the two things we said, we need safety and ... this not interfere unduly with traffic engineering, ok? Mayor Ferre: Well, I think the important thing is this, that we make a major commit- ment towards trying to make cycling a part of life in this metropolitan area and I think it's an important commitment, you know, I believe in it and I think all of us here in this Commission. It's a question of carrying the Commission's will through, making commitment from the Administration and dedicating the time limits to all the other problems that you have. Now, you know, I hate to add more burdens to you Mr. Grassie, but I think this is something that's been hanging on and I think the Commission has tried, the city has tried, but we got to keep on trying, maybe a little more, a little harder. Mr. Plummer: Ferre just can't get rid of the idea that I beat him in a bicycle race. Mayor Ferre: That you never showed up to. Mr. Plummer: Just can't get that out of his craw. Mayor Ferre: Alright, do we need motions on this stuff? Well, Mr. Grassie, would you then take this as a request officially and respond to it and could you do it, could you respond sometime in June, let's say or July? 1st of July? 1st meeting of July? Mr. Grassie: Yes. Mayor Ferre: Before we go on our August break and would you let Mr. Balkin know at that time and we'll come back, and I think it'll be appropriate to do it as a public hearing, so you need ... no I guess not? Do we need a public hearing at that point? Mr. Plummer: Well, let me offer a better suggestion, why don't you invite Mr. Balkin to work with you? Mr. Grassie: Well, I've already determined from the Planning Director that we probably ought to ask or assign Mr. Luft to work with Mr. Balkin to get that outline of the routes that he is talking about. I do think that we need to talk with the Police Depart- ment and traffic engineering with regard to safety questions. Now, that relates to laying out a plan. Mayor Ferre: See, we're talking about two things, the other thing... Mr. Grassie: The other things that you want reported back by July 1st, the 1st meeting in July are the three points that you asked about? Mayor Ferre: Or any others that you come up with and I think that we ought ,.. see obviously we're not going to win it and it's probably not even worth fighting out at Virginia Key, so we ought to fold our tent on that one and let's see where the other alternate routes are to get this velodrome going, I've got a name for the velodrome. Mr, Flummer: I hope that you are not precluding Kr. Grassie to offer a fourth or a fifth alternative if he finds one, Mayor Ferre: That's what I just said. I said don't limit yourself to those three, and then after that we would do it on a.,.. we'd have to have a public hearing, I would imagine, correct? I would like to do all of this before we break in August, so 1 8... MAY 'I 413o/ Int we can get that behind us. Alright further disc;uSSioh ' thiso if hot thank you 'eery :Much for your patience and stick right with it. Mf, Balkin: Thank you for your patience. 1.8i AUTHORIZECITYMANAGER TO N GOTIATE WITH MARINE STAMIMM ENTERPRISES FOR t`OOD CONCESSION AT THE MIAMI MARINE STADIUM Mayor Ferre: Mr. Jennings quickly. Mr. Jennings: Yes sir Mr. Mayor. We did go out for bids as the City Commission directed us to in March. We mailed about 880 advertisinents on this and advertised in the newspaper. There were two bids in response and I am recommending the bid of Marine Stadium Enterprises. Mayor Ferre: Were they the low bidder or... ? Mr. Denning: They were the best bidder, they were the high bidder in this case because we were asking ... Mayor Ferre: Yes, I see, were they the high bidder? Mr. Jennings: Yes, they were the high bidder. Mr. Plummer: What was the bid? Mr. Jennings: Their bid were $20,000 minimum guaranteesThe other bid was $6,500. Mr. Plummer: 0f what percentage? Mayor Ferre: What was the percentage, it's in your packet isn't it? Mr. Plummer: I don't remember seeing it in my package. Mr. Jenning: May I, I wanted to get to that point please. I had a meeting on Monday of this week to finalize this and we didn't have time to get the item into your agenda. I would like to recommend, however, I have a resolution prepared here which is merely resolution in the same nature as the one you just passed on the Marina, which merely accepts the bid of the Marine Stadium Enterprises and authorizes the City Manager to negotiate a contract which we will bring back to you. The successful bidder is here, Mr. Spence Meredith represents the firm. Mr. Plummer: Bob, I don't know, ok, by based on what you're giving me today that I want either bid, that's why I'm hesitant to give you a motion to proceed to negotiate, because for example what did we get out of the old concessionaire, what are they going to do that the old concessionaire? I don't have any of those facts. Mr. Jennings: Well, I can tell you what we got of the old concessionaire . Mr. Plummer: Well, I know that out of the old concessionaire we were talking about 30.5% I believe. Mr. Jennings: No sir. Mr. Plummer: Well, I don't know, ok? All I'm saying is to tell you to negotiate with one of the two without giving me the facts of the matter, I don't think is fair. Mr. Jennings: Let me say this Mr. Commissioner, if I may? The second bidder was the old concessionaire. Now in my judgment, the present concessionaire is unacceptable to the city at any rate. Mr. Plummer: I don't have any disagreement with that. Mr. Jennings: He has a record of poor performance, etc. Mr. Plummer; What I'm saying to you, I don't want to preclude my right as a Commissioner' to throw both of them out and maybe re -advertise and without the facts of information I can't tell you that. Mr. Jennings; What I'm saying is that one bidder was completely unacceptable from the City Administration point of view, The other bidder is here, if you would like to hear hint.,, ?•!r, Plummer; Hey, that's to you, I got to make the final decision. I'm the one whose neck is on the line and I'm telling you without all of the facts before me, I don't want to preclude my right of aying I don't want either bid, t might think that there's son`nething else, I don't know whether you're talking about just the main grand stand or the main grand stand in the fifth, I don't know if you're going to allow what sales of what, I don't know those things, and you're asking me to allow you to negotiate With this company? Mt Jennings: Well, at the tithe that we presented you with all this infortation ,, Mr, Townsend: Mr, Mayor, I represent the bidder. I'm Kim Townsend, also with Jetty's Caters as Vice=President and we are part of the organization, so if I can answer any questions before you in reference to the Marine Stadium, I'll be glad to do it, Mr, Plummer: Well, I've got plenty of questions, but I don't know what they are until I don't have the facts in front of tee Mr, Townsend: I apologize for being late. Mr, Plummer: Sir, I'm not finding fault with you, that's all. Mrs. Gordon: ... item simply calls for a report, you've received a report, I think it ought to come back to us. Mr. Plummer: I've not received a report, all I've heard from hit... Mrs. Gordon: Well, no, you've got a verbal report, that's all. Mr, Plummer: Yes, $20,000 as opposed to $6,500, that's all I've Mrs, Gordon: Ok, bring it back again, that's all. Mr. Plummer: How long is the contract, what it includes, the big problem as many of us know at the Marine Stadium was not the quality of the food, was the quality of service. Mayor Ferre: Mr. Plummer? Mr. Plummer: Yes. Mayor Ferre: We just recently voted on an issue Faith this gentlemen where we agreed to award him, tell the Manager to negotiate, excuse me, a contract. Mr. Plummer: That's right. Mayor Ferre: Now, we've also, now will have to come back with the contract and then we'll have the opportunity see the specifics. Mr. Plummer: Yes, but this is the difference. On the one before, I had all the back up material. Mayor Ferre: Mr. Grassie, technically he's right, we don't have any information. Mr. Grassie: We're not pushing this, because that's why it's on as a discussion, be- cause we knew that it was going to happen Monday and we wouldn't be able to get this to you, if you would feel more comfortable in putting it off, put if off, that's all. Mr. Plummer: Well, Mr. Grassie, to put it off is not the answer, to put it off to get the facts to me as you did on the lagoon is a reason and that is what I'm trying to fight for. Mayor Ferre: You see, my problem, J.L. is this, we only had... we had how many two bidders? Mr. Grassie: Yes sir. We had two and one is unacceptable in our estimation, Mayor Fevre: Wait a minute, please let me finish, Mr, Plum mer; Surely, Mayor Fer're, You know, and all I'm saying .n my position is really very simply, alb.' we're really voting, all I would like to do is authorise the Manager to go on and negotiate this darn thing and bring it back to the Commission with all the details and then we'll make a decision. If we don't like it then we'll say hey, we don't like that, but 1 mean, I don't know what the hassle is all about frankly, it's just a big temptest in a tea pot, MLV 1 n get4! Mr, Plummets Hey, listen please, you know I'm in an eMbartasing position, because I've mseie the statement on the record that, that one man sitting there is one of the few men that I've had the opportunity to deal with at this Commission level that's a gentleman and you know, I hate to go against, because if that man stood up there and said t'm going to take his word because he built up a credibility with me, but Mr, Mayor all I'm saying to you is in the same manner that we handled the lagoon, I think this manner should be,,.. I don't think it's unreasonable. Mayor Ferret The only trouble with that J.L. is if this city and all I'm saying is for God sakes let's later on. I don't know anymore than you do. All I know, bring it back on a specific basis rather than we take for ever to do things in Move. You can always stop it 'm saying is let's move on, you waste one more month, Mr, Plummer: Mr, Mayor, I have no truck, if you want to move it today but before the thing is negotiated to bring me back the information. I've got no truck with that, Mayor Ferre: Plummer moves. Gibson seconds. Further discussion on this item. Bring it back would you please whenever you have it worked out. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-408 A RESOLUTION APPROVING THE ESSENTIAL TERMS OF THE PROPOSAL SUBMITTED BY MARINE STADIUM ENTERPRISES, INC. FOR OPERATION OF A FOOD,BEVERAGE, NOVELTY, TOBACCO, AND FISHING AND BOAT- ING SUPPLY CONCESSION AT THE COMMODORE RALPH MUNROE MARINE STADIUM, AND AUTHORIZING THE CITY MANAGER TO PREPARE A CON- TRACT BETWEEN THE CITY AND SAID FIRM FOR SAID CONCESSION OPERATION, SUBJECT TO FINAL CITY COMMISSION APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibscn, 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 R. Gibson Mayor Maurice A. Ferre NOES: None. 19, DISCUSSION OF PUBLIC IIORKS PROJECTS FOR GRANT APPLICATIONS, Mr. Grassie: This item Mr. Mayor is for the information of the City Commission to bring you up-to-date and also to get any reaction that you might have to a list of potential projects that we would submit for emergency public works funding. You know that you asked us about a month ago to make sure that we had sufficient projects so that we could justify any funds that were available to the city. Mayor Ferre: Alright. Mr. Grassie: I would like to first ask Clark Merrill to discuss very briefly with you because I know that you're pressed for time, very briefly, the question of the time table for our knowing something about wnat's going to happen on the money. Mr. Merrill: As you know that both houses have passed a bill to provide an additional four billion dollars nationally for public works projects. The state funding allocation will be announced on May 16th through EDA and on May 24th they have told us that they would announce the sub -state of planning targets, planning targets, the amount of money that would be available to the applicant. Mayor Ferre: What day did you say? Mr. Merrill: May 24th. Now, we're hoping to be able to determine the amount of money available to the city prior to that time, however, that is the date the EDA has told us of the funding levels would be made available to the public nationally, We have only been able to make estimates as to the amount of money available and we're trying to be conservative. We received 6,4 million dollars in the first rotted •ro as you may remember, the EDA told us that they mistakenly gave Metro 9 million dollars, at which they thought they were funding City of Miami projects with: Mayor Ferre: Yes, I hope they don't make that mistake again. Mr. Merrill: Well the bench mark or the planning target from Dade County at that tite was $28,000,000, Mayot Ferre: We got that. Mr. Merrill: We were supposed to have received approximately one-third because we had approximately one-third of the unemployed in Dade County. If that's true then we were under funded by about 2.5 million dollars roughly at any event there is a provision in in the law that sets up a 70 million dollars fund to take care of errors from the first round of funding, so we will be seeking as a matter of strategy to receive some of that money for the City of :Miami. We can only estimate, as I say, the amount of money available. Some say that double the amount that we receive from the first round. In the event that we have money in addition to the projects which we have listed on the memorandum that you received, the four projects, and I might add that the African Square Park would have been an eligible project, however, we've gone ahead with city funds and is no longer eligible so we now have on a re -calculated basis about 11.5 million dollars in projects in the pike line. Mayor Ferre: Let me ask you this, I know there is no way of estimating what we will get but what is our gues ss to what we could get? Mr. Merrill: That's an impossible question to answer because of the way the funding formula is being put together by EDA and they're not telling anybody exactly how it's being dcne and we have to compare the unemployment problems in Dade County and the City of Miami with those nationally and it's a very complicated process and they're really the ones that are going to have to tell us. Mayor Ferre: Well, from a practical point -of -view when do you think that we'll be looking, seeing some decisions and commitments made, by the end of the summer? Mr. Merrill: No, the money will be announced, that's available will be announced on May 24th. Mayor Ferre: I know, but I mean, but that doesn't mean that we're going to know whether we're successful. Mr. Merrill: No, out of the projects that we put in, we decide, it will compound similar to a block grant and the amount of money that's made available to the City of Miami, we just submit applications to take up that amount of money. Mayor Ferre: I see on May 24th somebody is going to put out a list and that's going to say, City of Miami gets "x" millions of dollars. Mr. Merrill: Yes, that's as we understand it right now and we resume that it will be more money than what we have already applied for in projects. Mayor Ferre: We've applied for 11.5 million dollars. Mr. Merrill: Well, that's the amount of money that was unfunded from the first round yes. Mayor Ferre: And, in addition to that this is the list of applications. Now, I see you know we're really kind of out all over and I guess that's good because at least we have a lot of things to think about. Mr. Grassie: And, additionally part of the intention Mr. Mayor was that we would have projects of different sizes so that you could put a package together to match whatever amount of money was involved. So, you have some very small things and you have some large things. Mayor Ferre; Ok. Mrs. Gordon: Among these numerous items I don't see anything at all anywhere for the municipal justice building and I am curious, say the least as to why this project is not included. Mr, Grassie: Because it's not a project Commissioner. Mrs. Gordon: exactly, but some of these other things are not projects either and they are included, and it seems to be a effort being made to keep that property from being IAAv 4 A 4A®. Planned for a specific city or county use and I just don't understand it,we're "redeveloping every piece of junk we have including the auditorium out here, the big barn and (ok grin, it is a big barn you can't change it, it is a barn) and yet we have a good concrete block structure and we overlook it, specifically overlook it, and is it specifically because there has been mentioned continuously made of the need for services for youth and that would be a facility for that purpose or could be, is this the reason why it's continuously overlooked, continuously shoved in the bottom draw or is there someone waiting in the wings to buy it? Mr. Grassie: I believe that you have in your package Commissioner, a memorandum which lists six organizations that are interested in either purchasing or leasing and you had one person come up and speak at this microphone this morning to say that. Mrs. Gordon: Assuming_that there were leasees available,isn't it feasible to anticipate that the property does need some renovation even if the immigration authorities do come in there as a lessee for the old jail isn't it conceivable that we could apply for some grant monies to fix it up? Mr. Grassie: If the City Commission were to determine that there is a city program that you want to put in there of course. Mrs. Gordon: Well, again I say even as a prospective item for this list of other items which are not in the final stages by any means for anything. There's a whole bunch of them here that are not actual projects they just be just ifs ands and buts. Again, I say the same thing I said before. It's a deliberate attempt not to utilize this property in a renovation project we're a public works project. Mr. Grassie: I presume that your use of the word deliberate is envious here trying to make some kind of a point Commissioner. I'm not sure why. Mayor Ferre: Alright, any other questions on this? Mr. Merrill: If I may Mr. Mayor, I might point out to you that the applications have to be in by June 14th and that in the process of putting together a project such as Commissioner Gordon suggests would require some preplanning in which we would have to develop a project and that it is unlikely that with EDA at least in the past they've set it under $100,000 from a city this size is not the kind of project that they would like to entertain, so I don't know what it would cost to do that but we're not prepared at this point to rake an application since we don't know how we're going to use the building. Mrs. Gordon: Are you then saying that this property could not be fitted, and don't get excited, keep your blood pressure down you'll stay healthier. Mr. Grassie: I'm more worried about yours Commissioner. Mrs. Gordon: Mine's very normal. I'm very happy with it. project could not be put into this year's allocation because because you haven't planned for it, right? You're saying that this you haven't done it yet, Mr. Merrill: There are no plans for it, how do you want to use the building? Mr. Plummer: That's why it's on the agenda as item "F". f Mayor Ferre: We're going to get to it in just a moment, are there any other questions on item "C" before we get to item "F"? Mrs. Gordon: Put "C" aside and go to "F". Mayor Ferre: Is there anything else on "C". If not, thank you very much and we'll play it by ear. You'll be back to us to make these decisions as we go along I would imagine ... Mr. Merrill: Well, I'll point out to you that the timetable as such that if we know by May 24th, I notice you don't have a meeting .., Mayor Ferre: Well, I'll tell you what Mr, Grassie if there's a problem on that we'll call a special meeting for the purposes. 20, WELCOME LT, COL, M, SANTOS OF THE URUGUAYAN EMBASSY TO MIAMI, Mayor Ferre: At this time I'd like to recognize Lt. Col, Mario Santos who is here from the Uruguayan Embassy, he is assistant of the Attache' for his Embassy in Washington and I'd like to recognize him and welcome him to the City Chamber. (I know he speaks English, but I want him to see that I speak Spanish). Alright, I welcomed him to Miami and thanked him and in his country participating in our folklore custom. 21, STATUS REPORT ON THE MUNICIPAL JUSTICE BUILDING, Mayor Ferre: Alright, now we'll take up item # "F" which is the status report oft the Municipal Justice Building. Mr. Manager? Mr. Grassie: Well, this item has in a way Mr. Mayor been introduced. The basic question that we're asking is direction from the City Commisson. If,you have the report in front of you I believe. Mayor Ferre: Mr. Manager, I would ... it seems to me that it would be appropriate to ask for the Administration's recommendation as to what the best possible use is. Now, that doesn't mean that this Commission will follow your recommendation, but it does mean that we'll give it, as you know, very serious consideration and since you've got the staff to have research this in depth, I think it would be appropriate to start by asking you what you think would best serve the interest of the city. Mr. Grassie: We do not have a current city program Mr. Mayor, which would be well housed in this facility that would leave you to the ... leads us to the conclusion that if it is a surplus piece of city property that it should be disposed of either through sale or lease. I believe that the question that Commissioner Gordon is asking is a legitimate question which needs to be answered. As I understand her point it is basically that while it may be true that the city does not now administer youth programs I understand her opinion to be that we should. If you decide that that is the case then it will seem to me that the next question that we would have to answer is if we are to administer that kind of program, would we do it in the facility in question and assuming again that we're talking about a youth center, the initial result of the staff analysis that I have had done of this question knowing Commissioner Gordon's interest in it indicates that based not on city staff opinion but based on the professional opinion in this metropolitan area in the last several years, but that is the wrong place for that kind of a facility, but we're not closed on that I'm simply reporting to you the result of studies done basically by others. We had that documented and we can go into a long discussion of it if you wish. The first question is do we have a city program for it? If your answer to that is no, then the logical sequel is that we would dispose of the property. Mrs. Gordon: When you say dispose, you're still referring to sale or lease. Mr. Grassie: That's correct. Mrs. Gordon: I will tell you right now that I would be 101% opposed to a sale simply because it's an irreplaceable piece of property that we could never replace again for the kind of money we would receive in the sale, ok, and the next point about whether or not it is a suitable area for youth facilities or whether or not we should operate youth facilities. I am of the opinion that since we have a new superintendent of schools, a man of great compassion, and a great understanding for the needs of young people that we ought to try to develop a program together with the school board because the children who are involved in the school system, who find the need for additional training and supervision after school hours would quite probably be a project that the city could work with the school board and possibly with the county in developing. I don't believe that the city alone :.as to develop or operate a grogram. I do believe it .has to be a joint effort for a mutual gain because I do believe that we bear the brunt of the expense of the children who are not in the school system, who do go into the streets and who do get into trouble, because our police are the ones that are involved with most of those children and most of our crime problems, unfortunately so are in the juvenile category, now we're going to face up to it sooner or later that it's costing us and we're paying for it and we better start working together with people like Dr. Jones who does have an understanding and does see the need for putting children to work, putting children into an atmosphere where they can learn skills and giving them something creative and worthwhile to do so they may have a better personal opinion of themselves from accomplishment and I don't want to go on any further than that, simply MAY i 9 1071 to ask you or assign me and I'll be glad to do it, the , ,ortunity to meet with Dr. Jones to discuss this matter. Mayor Ferre: Well, I agree with the statement made by Commissioner Gordon. The question is, is this the place to do it? Mts. Gordon: I think you could find that out better after you've spoken to the parties I mentioned and people who would be involved in the program. He could tell you whether or not it would be a suitable place. Mr. Grassie: I think that you have to kinds of answers to that question. probably Mr. Mayor. One, if what you're saying is that the city is considering making available space to agencies at no cost then the answer that you will receive will be yes that's a suitable place. It's a very simple kind of an answer to give because there's no cost to it other than some inconvenience . If you ask agencies whether they would locate there and I'm assuming that we're talking about a youth center. If you ask agencies whether they would locate there,if they have options, if the city would build centers any place for them then I think you get a different answer. So what I'm saying to you is that if it is your intention to make the facility available without cost to anyone I can assure you that we can fill it up tomorrow. Mrs. Gordon: Well, if you're going to make it available without cost it has to be a activity that is a benefit to the city, that's the point. I mean, you know, the dollars you're going to raise from the revenue of the property certainly is something that the city needs, no question about it. But if we spend a dollar in the prevention and we save two dollars in the fighting of the crime then we are a dollar ahead, and I would like to have that dollar as opposed to the dollar of this great lease. Ok? There's a letter here from our Youth Advisory Board Chairman, Mr. Oscar Rivera. I've just passed the copies out to the Commission, the Mayor. I'll read it into the record since Mr. Rivera couldn't wait this long to read or to speak it himself, he asked me to" read it. It says,"Mr. Mayor and Commissioners. My name is Oscar Rivera and I'm here representing the City's Youth Advisory Board. We have looked into this matter and we have found that the building does lend itself to be used a youth complex. We have toured the facility with an architect,and he has assured us that no major renovations would be necessary, only minor work, such as, painting of the facility and replacing of some ceiling tiles on the interior of the building, etc. are needed. We have also researched possible funding of the project and have found that money could be acquired from the Federal Government, Ccmmunity Development Funds and possibly LEAA Funds. We've been informed that no specific figures can be discussed until we have a firm commitment from the Commissioners. That is precisely what we are asking for here today. We're asking for a commitment to the use of Miami. Other municipalities in the area have seen fit to provide Youth Centers for their city, and I refer specifically to Coral Gables and Miami Beach. This city needs a Youth Center to get kids off the street and help them on their way to a successful life. We ask you to no longer ignore this need. Thank you." (and this is our Youth Advisory Board Chairman). He's on target. They've done research. There can be a plan developed. There is funding that is out / there, that can be obtained. All we need is the will. Mr. Mayor, are we going to mai. a motion of any sort today on this item? Mayor Ferre: Yes, it seems to me that we've got two separate or maybe related items. One is our commitment to doing more for the youth of this community. Secondly, where? Now, if the decision is that the where is that the former Municipal Justice Building, then that is one thing. If we decide that that is not the location then that's another thing. Now, I'd like to ask this question Mr. Grassie. How much practically could we get for this property if we were to sell it or lease it just for information purposes, from the U.S. Immigration or from the Miami Advisory Committee for the Handicapped or what -have -you? Mr. Grassie: would have to Mrs. Gordon: Mr. Grassie: Mrs. Gordon: Mr. Grassie: have not seen yes. Mayor Ferre; this city at ,,. you know. Well, you're probably putting your price on the public record. But I estimate for you approximately 2.6 million dollars. What did you say? 2.6 million dollars. Is that what the appraisal is? Approximately. When T_ say approximately Commissioner, I mean that I it in a couple of months and it's 2.6 million something, something dollars, That's why it's an important decision. Because 2.5 million dollars for this juncture is very important depending as to what we use to apply, Pt Mrs. Gordon; What will we use it for , the general fund Maurice? MI1V 1 9 VV. 1 Mayor Ferre: No, I doll think it would be used for the General Fund. I think it would be used for, ... For example, I would be willing to do something like this. I would be willing personally to make a commitment that, that 2.6 million dollars be authorized to be used for proper youth service building if you can come up with alternatives before we sell it; and I'd be willing to hold back in selling it until the Administration actually comes back with a specific answer. Mrs: Gordon: Maurice, you'd never find a piece of land as large as that for 2.5 million dollars. Mayor Ferre: What is that, 5 acres? Mr. Grassie: It's almost 6 acres Mr. Mayor. Mrs. Gordon: And the zoning, I mean the area, ... a logical zoning applied to it. Let me tell you something Maurice that will be the biggest bargain in the country, and it would be the biggest loss to the city. That's the worst approach to take that I could possibly imagine. Anything else, if you want lease part of it to Immigration, if you want to lease part of it to Human Resources, if you lease part of it to somebody else, if you want to save some of it for youth programs you could probably arrange some kind of a compatible arrangements. Mayor Ferre: Look, you come here with no recommendation Mr. Manager. But, really I stand corrected. Mr. Grassie: That's not true Mr. Mayor. My recommendation was based on an absence of city purpose that the property be leased or sold. And, I have not heard of any city purpose. We do not have a city purpose for it, and I have not heard of a city purpose from you. Now, I followed that up by saving that if you determine that there is a city purpose and if you determine that you're going to fund it, you know, we'll obviously do whatever you like on that. Mayor Ferre: I think the way we ought to do this, let's take it one step at a time. Alright, Rose Gordon, I would imagine would want to move that the City Commission instruct the Manager to study and come back with specific recommendations as to how the city can best become involved in youth services. Mrs. Gordon: Maurice, yes and no. I'd like to be more specific. I would like to say that we would instruct the Manager to contact, pursue, vigorously pursue the Board of Education through Dr. Jones and the County through Merrett Stierheim for some sort of a joint venture Youth Program. Mayor Ferre: There's a specific motion on the floor. Is there a second? Father Gibson seconds. Is there further discussion? Repeat your motion Mrs. Gordon. Mrs. Gordon: The motion is that we instruct the Manager to vigorously pursue the School Board and the County through Dr. Jones and Merrett Stierheim, a joint venture for Youth Programs in that location, and see how it goes. I would like to offer it to help in that regard. UNDER DISCUSSION: Mayor Ferre: Under discussion, I'd like to set a deadline on it and if we don't have a positive... Mrs. Gordon: I need two months Maurice, because it'll take two months to do that. Mayor Ferre: Alright, two months will be fine. We're now into May, June, July. Before we go on vacation then in August. Mrs. Gordon: Yes, we should know whether we can go anywhere. Mayor Ferre: We should have an answer and if we don't have an answer to bring this matter back as a specific recommendation as to whether or not we sell the property or lease it and what the next move is. Alright? Mr. Grassie: Yes, Mr. Mayor, but we cannot come back to you with a specific recommend- ation on selling it until we're authorized to negotiate with somebody to sell it. Now, what we can do is come back and indicate that either the two months investigation leads us to believe that we can run a corporate youth program or that we conclude that we can- not and we are then seeking authorization from you to dispose of the property. Mayor Ferre: Of course, but you have to take one step at a time. There is no use your going out and negotiating a sell if you're also pursuing using the building with the School Bcard and Metro as a Youth Center for Youth Activities. •; MAY 121977 '7i Mt. Grassie: Exactly. Mayor Ferre: And, all I'm saying is that I support Commissioner Gotdon's decision that we ought to find out whether or not the School Board and Metro will joint venture with us. Now, I feel the same way about this as I do about the O.A.S. Trade Fair. We can start the initiative. We can put in the iron share and what=have=you, but unless you get the support of these other governmental agencies as badly as we want to do this with no way we can support it alone. If they'll support it then I think we should pursue it. If they say, look we like the idea but we don't have the money and we don't want to do it, then that's the end of it. Mr. Grassie: One thing, if you adopt this resolution Mr. Mayor. One thing that I will then have to ask you is the magnitude of the money commitment that we are talking about because I can't go to the School Board and say, you know we want a joint venture, but I don't whether we're going to spend any money. So I'm going to have to ask you what kind of money we're talking about. Mayor Ferre: I would recommend that we do it this way, that we put up the building and that the County and the School Board put up the funds to operate it. Mrs. Gordon: That's fine. Mayor Ferre: And, that it'll be a joint venture. Mrs. Gordon: That's reasonable. And, I think we'll get operating funds from L.E.E.A. as well. We will get money, some money from them. Mayor Ferre: And, we'll set up a joint committee or authority of some sort. Mrs. Gordon: Youth Authority, Maurice. Mayor Ferre: In which Metro puts one member, and we put a member, and the School Board would put a member and they would run the operation.as a joint venture, why not? Mrs. Gordon: Are you going to call the question Maurice? There's a motion... Mayor Ferre: Will the motion,... I want to make sure that the motion entails the fact that this must be done before August. That we must have a positive answer, and that if there is no positive answer forthcoming from Metro and the School Board that then we will pursue other things tiith this property. Mrs. Gordon: Well, it'll come back to us then. Mayor Ferre: No, I'm not going to vote for it any other way. Mrs. Gordon: You mean we're going to say to the Manager, do this or do that? Mayor Ferre: No. No. I'm going to say just like I said with the O.A.S. Trade Fair, that Metro and the School Board have until the 1st of August to fish or cut bait, and if at that time they don't come back with a specific proposal, that it's the intention of this Commission to dispose of that property. Mrs. Gordon: Well, then we'd take it up at that time. We're not taking that motion up now. This is a motion on Youth Services. Now, if you want to take another motion after that Maurice, then ok, go ahead. Mayor Ferre: You made the motion, and I'm just telling you that unless something like that is included in it I'm voting against it. And, I explained the reason why. Mrs. Gordon: Alright, then I'm not including the sale in the same bracket with this. That's like saying let's take the woman and aboard her baby, because you're not even giving the baby a chance to grow. You're giving her an abortion before she gets started. Mayor Ferre: No, I'll repeat it again. My attitude on this is absolutely the same as the O.A.S. Trade Fair, that we'll set a deadline unless we get a commitment of funds or of interest, Interest. Not even funds, interest. Mrs. Gordon: Ok, that's what I'm saying, but I don't want it in the breath to include a possibility of a sale, You want to do that in another motion, do it. I don't want it in mine. Mayor Ferre: Ok, You're entitled, So, I'm just expressing why would be voting against that unless it's tied to the other, 96 MLW 19101 s, Gordon: Well, no. •'m not going to tie that in there, Bec"suss that gives the. Manager authority to go out and find a putchaser. Mayor there: MO it doesn't. Mrs. Gordon: so when he comes here and after he made a half heatted attempt to get some cooperation from the School Board and the Cbuhty, he says; I didn't hear hint say I'm going to be on it. He's going to go. What's he going to say? I know he's riot going to say it the way I would, so... Mayor Ferre: Alright, let's... alright, Rose I accept that. Let's put it to a vote and see what the Corunission wants to do. Mrs. Gordon: Ok. I repeat the motion so that you'll clearly understand What you're voting for or against. We're asking that we vigorously ask the Manager to pursue the corporation of the School Board and the County to put into place a program for Youth like this facility. Corporate a joint venture with the city. Mayor Ferre: Ok. Further discussion. Rev. Gibson: It would appear to me Mrs. Gordon if you have some doubt it would be a good thing if we recommend that you and the Manager represent us. You would know whether the Manager has vigorously pursued it. And, then what the Mayor is saying is that if there no indication that... Mrs. Gordon: Of any interest whatsoever, right? Rev. Gibson: Then you see you would be in full knowledge. Mrs. Gordon: No, but I don't Mr. Plummer: You gotta know what the word in Jewish vigorous is. Mrs. Gordon: When do you speak Jewish J.L.? I never heard that. Mr. Plummer: You never heard of the word vigorouilh? Mrs. Gordon: No, never. Mr. Plummer: Ask your Rabbi. Mayor Ferre: Alright, let's go. We're here talking about the Rabbbi. We're talking about the Youth Center. Are you ready to vote? Alright, are we ready now to -vote? Further discussion. Call the roll. ON ROLL CALL: Mr. Reboso: Is the deadline included, Rose? Mrs. Gordon: It's July, cut off. If we can't get an interest then we can't go any- where with it, that's it. Ok? Mayor Ferre: I vote "no", because I feel that we've been floundering on this like we flounder on other things without coming to a conclusion that building has been empty for almost a year now. It seems to me that we should have brought this to a head long before this. If we don't use this building for the purposes of a Youth Building, we should move ahead and either find a useful purpose for the property or sell to some government agency or somebody that could use it properly and transfer that money into use and to other areas. And, all I'm saying simply is I'll go along with this, that I think that we've got to put a deadline on it and if we don't use it as a Youth Center we ought to let the Manager know that our intention is to either lease it or sell it, and give them the right to go ahead and do it, and therefore, since this does not accomplish that. I vote "no". The foi 8Wift tt tibfi s irltri5Aueti fay doitrnitgi8hat It V cl it§ A o tioh UOTfON No. 1 4= 9 A MTV* tNsTRUCT±NG THE CITY MANAGER TO VIGORotittY' P iREOE THE COOPERATION OP TEE BOAfb oP EEt1CAT±ON THRONdH bR BONES AND Off' METROPOt,ITAN DAEE COUNTY THROUGH PittRtTT STIERiEtM TO ESTABLISH A YOUTH PROGRAM AT THE MUNICIPAL JUSTICE BUJttDING IN A JOINT VENTURE with THE CITY OF MZAMI. Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote,- MYEE Commissioner Plummer Commissioner Reboso Vice. -Mayor Gibson Commissioner Gordon NOES: Mayor Ferre *kSEE LATER ABSENT: None, FURTHER DISCUSSION: Mr. Plummer: Mr. Mayor, in all honesty, even though I made it a joke before, you know there's nothing to preclude if we were to sell that property from it being split in half and I would like to offer at this time or at least suggest that the Manager add that to number four for the exploring of the velodrome. We could always put the velodrome in there and sell of the other half of the property. But I think it's worth exploring. f fN ME'ETING, CHANCES VOTE TO 'AYES" after itei #2h Mrs. Gordon: Why do we have to sell it J.L.? They've got you brain washed now. Mr. Plummer: Rose, don't ask me how you brain wash someone or I'll tell you. All I'm saying is let the Manager explore the possibility of putting on the velodrome, Not selling it, putting the velodrome. Mrs. Gordon: Well, he can explore that, that's just something youth would be interested in. Mayor Ferre: Well, look, you got your vote... Mrs. Gordon: Maurice, did you or did you not include that 1, you know, pursue this with the Manager, did you... Mr. Plummer: Hand in hand. Mayor Ferre: That was not part of the motion... Mrs. Gordon: No, I didn't want the motion, because. Mayor Ferre: I have no objections including that as a part of the motion. Mrs. Gordon; Well, you don't have to put it in the motion, just assign me to i as Mayor. Mayor Ferre: You are assigned to that task. Mrs. Gordon: Ok. Would you include Father Gibson too? Mayor Ferre; Fine. Anybody else who wants to join in that's fine. I have no objections. Anybody else? Ok. Further discussion on this item? Aright, Now let's go on to the next item. MAY 12197 221 OCCEPT COMPLETED CONST UCTION P EY D.M CORP. FOR S.W. 22 STREET HIGHWAY IMPROVEMENT ". PHAsE II The following resolution was introduced by Commissioner Plti ier) Who M 'e its addition: RESOLUTION NO. 77-410 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTIONO b,M.P. CORP. FOR THE S.W. 22 STREET HIGHWAY IMPROVEMENT N A, PHASE II - H-4395 (HIGHWAY PORTION) AT A TOTAL COST OF $127,417,17 AND AUTHORIZING A FINAL PAYMENT OF $8,811,25 FOR THE S.W. 22 STREET HIGHWAY IMPROVEMENT PHASE II - H-4395 (HIGHWAY PORTION). (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 J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 1 23, AMEND SECTION 39-24 OF CODE RELATINg TO PARKING FEES N CITY OWNED PARKING LOTS DURING EVENTS HELD AT MIAMI URANGE BOWL STADIUMS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-24 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, IN ITS ENTIRETY; PROVIDING FOR PARKING CHARGES FOR VEHICLES ON CITY -OWNED PARKING LOTS DURING EVENTS HELD AT THE MIAMI ORANGE BOWL STADIUM; FURTHER REQUIRING THE SALES TAX AMOUNT BE SHOWN AND PRINTED SEPARATELY ON EACH PARKING TICKET; FURTHER ESTABLISHING THAT NO COMPLIMENTARY PARKING TICKETS WILL BE ISSUED; FURTHER ESTABLISHING THAT NOTHING IN THIS SECTION SHALL PROHIBIT THE PARKING OF CARS OF OFFICIALS AND EMPLOYEES WHOSE PRESENCE MAY BE REQUIRED FOR THE PROPER OPERATION OF STADIUM EVENTS; FURTHER ESTABLISHING THAT OTHER THAN THE AREA AT THE MARINE STADIUM DESIGNATED FOR USE BY SELF-CONTAINED CAMPER -TRAILERS, NO OVERNIGHT PARKING IS PER- MITTED ON CITY -OWNED PARKING LOTS; ALSO RESERVING UNTO THE COMMISSION THE RIGHT TO WAIVE THE PARKING FEES FOR RELIGIOUS OR CHARITABLE ORGANIZATIONS AT EVENTS WHERE NO ADMISSION IS CHARGED; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of April 28th, was taken up: for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; do `itiStioher Mahoio &eb6t6 CbffftiSbidhet Rose Gotdoh COf Missiohet d, t, Fiutidef its Vice=Mayot (ReV,) '±'heodote aibSoh Mayor Mautice A, Fetre None, OANANCE WAS DESIGNATED No.8648 Y The City Attorney read the ordinance into the publio record and announced that copies were available to the metitbets of the City Comttission and to the public. 24i AMENP RETIREMENT PLAN(5624) PROVIDING THAT EMPLOYEE WHO HAS REJOINED ITY S WORK FORCE MAY REDEPOSIT CONTRIBUTIONS BY FILING WITH THE BOARD WITHIN 30 DAYS AN ELECTION TO PAY BACK OR REDEPOSITi Mayor Ferre: Take up item 48, which is the employee retirement plan. Mrs. Gordon: Moved. Mayor Ferre: Moved by Mrs. Gordon. Seconded by Commissioner Reboso. ts.there further discussion on second reading? Tf not, call the roll please. k. Mr. Knox: Read the ordinance into the record. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED), AS APPEARING IN CODIFICATION FORM AS PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 109, AS AMENDED, OF MIAMI EMPLOYEE, WHO HAS REJOINED THE CITY'S WORK FORCE MAY REDEPOSIT HIS CONTRIBUTIONS BY FILING WITH THE RETIREMENT PLAN BOARD WITHIN 30 DAYS OF THE EMPLOYEE'S RECEIPT OF SAME, A FORM WHICH CONTAINS AN ELECTION TO PAY BACK OR REDEPOSIT SAID CONTRIBUTIONS; REPEALING ALL ORDIN- ANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN; AND CONTAIN- ING A SEVERABILITY PROVISION AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of April 14th, was taken for its second reading on May 12th, and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Reboso, the Ordinance was / thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8649. 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, up 2Si OMENOETIREMENT SYSTEM (2230) PAY EAOK SERVICE TO A MAXIMUM OF` OUR YEARS o NOTE: Itefi► #"F" , Mayor Ferret Listen on that Youth Board, so that nobody Misunder- stands. I'M certainly hot against a Youth Hall, so change my vote on it, just, so that there's no chance of it being misinterpreted, I'm for it. I just wanted to see this thing accelerated so that we had to make a decision or sell the property, that's my only interest. So, for the record. Change my vote. Mayor Ferret Item 49, on First Reading, amending Miami City Employees' Retirement System (Ordinance 2230). So that the employees not fulfilling retirements of Section 91, may be permitted to pay back service to a maximum o2 four years. This item was i deferred by the City Commission on May 16th, Mr. Plummer; Was this approved by the Pension Board? Mr. Grassie: Yes sir. Mr. Plummer: I'll move it. Mayor Ferre: Plummer moves. Is there a second? Mrs. Gordon: Seconded. Mayor Ferre: Seconded by Gordon. Further discussion on item #9. Mr. Grassie: Yes sir. Simply, as I did before on the item #8, the first time you considered it. I feel that I should point out to you that you are adopting a pension plan change which includes a new liability for the city and we are not providing any money to cover it. This is again an expansion of the liabilities of the city without providing any money to fund it. Mayor Ferre: Alright, further discussion. Call the roll please. Mr. Knox: Read ordinance into the record. AN ORDINANCE ENTITLED - a AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 91, AS AMENDED, OF SAID CHAPTER 2; PROVIDING THAT IF A MEMBER CANNOT FULFILL THE AFORESAID CONDITIONS AND REQUIREMENTS OF THIS SECTION WHICH ARE NECESSARY FOR RESTORATION OF SERVICE CREDITS, HE MAY, NEVERTHELESS, BE PERMITTED TO REDEPOSIT OR PAY BACK HIS SERVICE CREDIT UP TO A MAXIMUM OF FOUR YEARS; FURTHER PROVIDING THAT SHOULD A MEMBER DECIDE TO PAY BACK UNDER THE HEREIN SUBSECTION, SAID PAYBACK SHALL BE MADE UNDER HIS CURRENT COMPENSATION RATE AS THE BASIS FOR DETERMINING COSTS INVOLVED; PROVIDING THAT HIS SEPARATION FROM PRIOR EMPLOYMENT WITH THE CITY OF MIAMI SHALL HAVE BEEN UNDER HONORABLE CONDITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN; AND CONTAINING A SEVERABILITY PROVISION AND EFFECTIVE DATE. Was introduced by Commissioner Plummer, and seconded 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 (Rev.) Theodore R, Gibson Mayor Maurice A, Ferre NQgS; None, The Cjty Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the publio, by Commissioner Gordon 4114 IMPOSING A SERVICE CHARQE UPON DRAWER OR LAST ENDORSE( OP. OHECK, DRAFT OR ORDER. HELD DY LIT'? WHERE PAYMENT HAS BEEN REFUSED BY DRAWEE. Mayor Ferre: Take up item 410 on Second Reading. Moved by Commissioner Flumner. Redohded by Commissioner Reboso. Would you read the ordinance please? Mr. Knox: Read ordinance into the record. AN ORDINANCE ENTITLED AN ORDINANCE IMPOSING A SERVICE CHARGE UPON THE DRAWER AND/OR LAST ENDORSER OF ANY CHECK, DRAFT, OR ORDER HELD BY THE CITY WHERE PAYMENT OF SAID INSTRUMENT HAS BEEN REFUSED BY THE DRAWEE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of April 28th, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8650. 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. 27. AMEND RWI,A !XIII, SEC, 9 AND RULE XIII, SEC, 2 OF CIVIL SERVICE RULE AND REGULAT- ONS (6y45) BY PROVIDING THAT EMPLOYEES IN INTERNATIONAL ASSPC. OF LIRE FIGS �AINI( UNII MAY BE ASSIGNED WORK OUT OF LLASSIFICATION; I'URTHER AMENDING JEC. H) AND SEC. 5(G) OF RULE XIA, PROVIDING EMPLOYEES IN F.O.P. BARGAINING UNIT MAY BE GRANTED TIME OFF WITH PAY UNDER PROVISIONS OF CURRENT LABOR AGREEMENT. Mayor Ferre: Take up item 411 on Second Reading. It's moved by Commissioner Gordon, and seconded by Commissioner Reboso. Read the ordinance. / Mr. Knox: Read the ordinance into the record. Mr. Plummer: What this in fact then says that this makes the ordinance in compliance with the labor negotiations. Mr. Knox: Yes. Mr. Plummer: I'll move it. Mayor Ferre: Alright, it's been moved and seconded. Further discussion. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING RULE VIII, Section 9 and amending Rule XIII, Section 2 OF THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE DECEMBER 15, 1961, AS AMENDED, AS CONTAINED IN ORDINANCE NO. 6945, AS AMENDED, BY PROVIDING THAT, WITH REGARD TO THE SAID RULES, EMPLOYEES IN THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS BARGAINING UNIT MAY BE ASSIGNED WORK OUT OF THEIR CLASSIFICATION ACCORD- ING TO THE PROVISIONS OF THE CURRENT LABOR AGREEMENT; FURTHER AMENDING SECTION 3, PARAGRAPH h, AND SECTION 5, PARAGRAPH g, OF RULE XIX OF SAID RULES AND REGULATIONS BY PROVIDING THAT, WITH REGARD TO SAID RULES, EMPLOYEES IN THE FRATERNAL ORDER OF POLICE BARGAINING UNIT MAY BE GRANTED TINE OFF WITH PAY UNDER THE PROVISIONS STATED IN THE CURRENT LABOR AGREEMENT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY A.RE IN CONFLICT, AND CONTAINING 4 7g.VgR,ABIL ITY PROVISION. 102 MAY 1219 Passed on its first reading by title at the meeting of Apfil 28th, was taken up fof its second and final reading by title and adoption On motion of Cottutissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thetetpon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Cibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 865.1. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 28. AMEND 8305, SECT 1 BY REDUCING CERIAIN AP ROPRIATIONS TO $23,791.96 AND REAPPROPRIATING SAID FUNDS TO THE t'OLICE J3UDGET, Mayor Ferre: Item #12, Amending section 1 of ordinance 8305, reducing certain appropriations to $23,791, reappropriating funds to the police budget. It is on an emergency basis. The Manager recommends. It's explained in your packet,if there is any questions on it. Father Gibson moves. Is there a second? Mr. Plummer: That wording is incorrecting. You're not reducing certain appropriations to $23,701, you're reducing certain funds by an appropration not to exceed. Mayor Ferre: Yes. Mr. Plummer: According to this you're reducing certain appropriations to.You're not. Ok. Reducing certain appropriations by that amount, that is correct. Ok, and Mr. Manager since this is coupled with item 12.1, the only question I want to ask you, I brought to your attention some time in the past about the Diagnostic Center which is pre much doing what we're doing. Are you still pursuing that matter as a better alter- native than this? Mr. Grassie: We are still analyzing those services Commissioner, but they are much more expensive than what is talked about here. Mr. Plummer: Well, let me ask this question. Have you dealt directly with the Administration? Mr. Grassie: Not personally, but Joe Paredes and my staff has. Mr. Plummer: Ok, because the indication Joe, that was given to me that the price which they might quote you based upon a thousand rather than one would be a greatly reduced price, so I didn't think that the price for one was bad, but if you can get a tremendous' reduction and I will here on the record recommend that you speak directly with Dr. J. Ziskind, who is the Administrator of the Hospital, because that system, even though it might be a few dollars more is a hell of a lot more complete than what we're doing today. So, I have no objections to what you're doing here. I just want to make sure the other matter is fully pursued before it's killed, if it is. I'll move 12. Mrs. Gordon: Seconded. Mayor Ferre: There's a motion by Plummer on 12, and seconded by Mrs. Gordon. Further discussion. Call the roll. Mr. Knox: Read the ordinance into the record. Mr, Plummer: Have those three agencies been notified? Are they aware? Mayor Ferre; Yes, Well, there budgets are completely closed out, .Mr . P UMMer ; re aware, okb1NANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTION 1 OP ORDINANCE TO, 83050 PASSED AND ADOPTED SEPTEMBER 27, 1974, AS AMENDEb BY REbUCING THE FOLLOWING APPROPRIATIONS: AFTER SCHOOL CARE PROGRAM FROM $200,000 TO $191,233.44 URBAN LEAGUE NEW SKILLS BANK FROM $75,000 TO $62,000; LEGAL SERVICES OF GREATER MIAMI FROM $45,000 TO $420914,50; THEREBY RESULTING IN A TOTAL OF $23,791,96? WHICH FUNDS ARE AVAILABLE FOR REAPPROPRIATtON TO THE POLICE BUDGET, TO BE USED FOR POLICE PHYSICAL EXAMtN'' TIONS DURING FISCAL YEAR 1976-77; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Gordon, for "adoption as an emergency measure and dispensing with the requirement of reading same Oh 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 R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer, and seoonded,by Commissioner Gordon, adopted said ordinance by the following vote: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre AYES: None. 'SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8652. The City Attorney read the ordinance into the public record and announced copies were available to the members of the City Commission and to the public. 29, AMEND 8539, SEC. 1 TO PROVIDE FOR POLICE PHYSICAL EXAMINATIONS, that Mayor Ferre: This is on 12.1. Mr. Plummer moves. Mrs. Gordon seconds. Further discussion on 12.1. Call the roll. Mr. Knox: Read the ordinance into the record. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, THE APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1976-77, ADOPTED NOVEMEBER 11, 1976, BY AMENDING SECTIONS 1 AND 4 THEREOF; PROVIDING FOR THE INCREASE OF GENERAL FUND REVENUES IN THE AMOUNT OF $23,792 FROM SOURCES OTHER THAN AD VALOREM TAX AND TO INCLUDE ANTICIPATED EXPENDITURES WITHIN THE POLICE DEPARTMENT IN THE AMOUNT OF $23,792; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon,'for adoption as an emergency meauure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote; c .W ; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr, Commissioner Rose Gordon Vice -Mayor (Rev,) Theodore R, Gibson Mayor Maurice A. Terre Whereupon the CoMml,sion on motion of Commissioner riutmer and secoh d6Whissiohef Gordon, adopted said ordinance by the following votes U Commissioner Manolo Reboso commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Cor issioner Rose Gordon Mayor Maurice A. Ferre NOtt None. SAID ORDINANCE WAS DESIGNATED. ORDINANCE NO. 8651. The City.Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 30, AMEND SEC, 64-4 OF CODE, ENVIRONMENTAL PRESERVATION REVIEW BOARD) CHANGING THE THE NUMBER OF VOTES REQUIRED TO APPROVE AN APPLICATION OR REVERSE A DECISION OF THE ADMINISTRATIVE ASSISTANT. Mayor Ferree Take up item #13 on First Reading. The Manager recommends. This is amending the City of Miami Code, Section 64-4, Environmental Preservation Review Board, by deleting subsection (4) and adding a new subsection (4) changing the number of votes required to approve an application or reverse a decision of the Administrative Assistant. This item was previously deferred. Do you remember why we deferred that? Mr. Plummer: Yes, I did. Mr. Grassie: I believe you the end of your last agenda come from. Possibly we did at the request of the chairm In other words this request felt that you didn't have time to talk about it towards Mr. Mayor and also there was some question of where it had not have anybody present to indicate to you that this comes an and the board itself for Environmental Preservation. came out of the board. Mrs. Gordon: ... to do with the quorum factor if I understand, getting a number of people together. Is that it? Mr. Grassie: That's correct. The old rule made it difficult for them to take action of this type if one of the members was absent. Mrs. Gordon: I'll move it. Mayor Ferre: Alright, there's a motion by Mrs. Gordon Is there a second on item 13? Mr. Plummer: Seconded. Mayor Ferre: Seconded by Commissioner Plummer. Ca11 the roll. Mr. Knox: Read the ordinance into the record. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CITY OF MIAMI CODE, SECTION 64-4, ENVIRONMENTAL PRESERVATION REVIEW BOARD, BY DELETING SUB- SECTION (4) NUMBER OF VOTES REQUIRED FOR CERTAIN ACTIONS; QUORUM, AND BY ADDING A NEW SUBSECTION (4) NUMBER OF VOTES REQUIRED FOR CERTAIN ACTIONS:QUORUM, TO CHANGE THE NUMBER OF VOTES REQUIRED TO APPROVE AN APPLICATION OR REVERSE A DECISION OF THE ADMINISTRATIVE ASSISTANT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner 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 (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre DABS; `' None The City Attorney read the ordinance iPCO the public record and annoqnoed that copies were available to the members or the City COMMiSPiOn 4Pd to the ll it e 1 Commissioner Rose Gordon AUTHOPI2E..CITY MANAGJJ TO EXE UTt AMENDMENT N6, 1 TO AGREEMENT WITH THE GROVE bROUP) ADJUST1N6 PROFESSIONAL SERVICE PEESI Mayor Ferret Take up itettt #16, The City Manager recommends , to eXecute atitendment No, 1, agreetttent between the City of Miami adjust the professional service fees, Mr, PlUt1tTlert Assuming he's negotiated the best deal he can, Red`, Gibson: Seconded, Mayor Ferret Alright, ttioVed and seconded by Father Gibson, Call the roll. The following resolution Was introduced by Commissioner RItttte' its adoption RESOLUTION NO. 77-411 Authorizing the Manager and the GroVe Growl A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, THE ATTACHED AMENDMENT NO. 1 TO AGREEMENT OF APRIL 9, 1976 BETWEEN THE CITY OF MIAMI AND THE GROVE GROUP. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon, being seconded by Vice -Mayor Gibson, the resolution adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: ABSENTt None. 32, AUTHOR ZE CITY MANAG R TO EXECQUTE'AGREEMENT WITH UNIVERSITY QF MIAMI & TUE IUBL C HEALTH IR ST OF ll DE COUNTY- EMERGENCY i1EDICAL`SERVICE BY KESCUE DIVISION OF LITY OF jIIAMI bIRE DEPARTMENT, Plummer: Move 17. Rev. Gibson: Seconded. Mayor Ferre: Alright, it's been moved -by The Manager recommends. Call the roll. The following resolution was its adoption: Plummer. Seconded by Gibson. Further discussion introduced by Commissioner Plummer, who moved RESOLUTION NO. 77-412 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE UNIVERSITY OF MIAMI AND THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, FOR THE PROVISION OF CERTAIN SERVICES IN CONNECTION WITH THE EMERGENCY MEDICAL SERVICE OFFERED BY THE RESCUE DIVISION OF THE CITY OF MIAMI FIRE DEPARTMENT; FURTHER AUTHORIZING EXPENDITURES OF $10,000 FOR THE YEAR BEGINNING APRIL 1, 1977 WITH FUNDS THEREFOR ALLOCATED FROM THE 1976-77 FIRE DEPARTMENT BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resoaUtiO adopted by the following vote- aYgg► Commissioner Manolo Reboso Commissioner Rose Gordon Cownissz.oner J,L. Plummer, Jr, ViceMa or . (Rev,) Theodore R, Gibson 4yor Hawr ce A, Ferre di A COR I ZE CITY MANAGER TO bbEOUTE AN I Nt)EMN t 'Y .AGREEMENT WITH MI GOVERNMENT) FOR USE OF 8oI;Y1NARMOR VESTS E�GLtGECllEPARI`MtMtNAi� UUSTIt�E & AEROSRAEE CoRD, Mayor Ferre: Alright 18. Mr. Plummer: 18, Mr. Knox, are you familiar with 18? What happens if we release them of any liability? What does that do to our liability at a later time? Mr& Knox: It gives it to us. Mr. Plummer: Did you have to be so blunt? I Sileah, in reality t mean. Mr. Grassie: Keep in mind Commissioner that what we're talking about is accepting equipment free of cost and all they're saying is if we give you this gift don't hold us responsik.le if something goes wrong. Now, it is our option of course, to Use it or not, but if we do use the equipment we would have to assume whatever normal liability we already have. Mr. Plummer: Mr. Grassie, to my knowledge at this point, thank God it's never been tested. Mr. Grassie: Exactly. Mr. Plummer: Alright. Now all I'm saying to you, do you feel reasonably comfortable that the equipment is of such a nature that it does what it says it will do and we don't come back later and we get sued because it was inferior merchandise, that's the question I'm asking. Mr. Grassie: We have the recommendation of the Police Chief. He is basing his judgment as I understand it on the fact that this equipment has been tested in a number of other major cities. It has been tested under combat conditions and it has withstood the test. So on these basis he's recommending it. Mr. Plummer: I'll move it. Mayor Ferre: Alright we have item 418, which has been moved by Plummer. Seconded by Gibson. Further discussion. City Manager recommends. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-413 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNITY AGREEMENT BETWEEN THE CITY OF MIAMI INDEMNIFYING THE U.S. GOVERNMENT, THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA), THE NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE AND THE AEROSPACE CORPORATION, AND THE OFFICERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS OF EACH, PURSUANT TO THE PROVISIONS SET FORTH IN THAT ATTACHED INDEMNITY AGREEMENT, FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM THE RETENTION AND USE BY THE MIAMI POLICE DEPARTMENT OF THE 188 BODY ARMOR VESTS; FURTHER PROVIDING FOR THE ACCEPTANCE BY THE POLICE DEPARTMENT OF 188 BODY ARMOR VESTS AT NO COST FROM THE LEAA. (Here follows body of resolution, omitted here and on in the Office of the City Clerk,) Upon being seconded by Vice -Mayor Gibson, the resolution was adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J, L, Plummer, Jr, Vice -Mayor (Rev,) Theodore R, Qibson Mayor Maurice A, Ferre 341 AUTI-10Al2t CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ,;ERALI) ZeLL Mayo'erre: Alright, Mr. Manager on 19 would you explain that oh detAld tell And Why we need him and... Mt, Grassie: This is a proposed personal services agreement with a Mr, Gerald tell, who has been the Director Properties for Pan American World AirWays, What we are asking him to do for a period of three months which is the period of this agreement is tc work on lease negotiations for the city. Mt, Plummer: Just three months? Mr, Grassie: Well, that is the initial period of time that we're choosing, yet. We do view this as a test period. We may wish to continue on some basis, We May Wish to continue this kind of service. At this point, it is a three month agreement, Mr, Plummer: Ok, I'll go along with it. Rev. Gibson: Seconded. Mayor Ferre: Alright, moved by Plummer. Seconded by Gibson. Further discUssiOn. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-414 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GERALD J. ZELL, FOR HIS PROFESSIONAL SERVICES AS A LEASE NEGOTIATOR, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre was passed and ACCEPT COMI:l.ETED WORK DELAWARE STORM SEWER PROJECT 1976 BY I-LORIDA ECOLOGICAL CORPORATION, Mayor Ferre: Alright, take up item #20, The Manager recommends. Accepting the completed work of the Florida Ecological Corporation and authorizing a final Pay- ment. Moved by Father Gibson. Seconded by Commissioner Reboso. Further discussion. Call the roll. The following resolution was introduced by Vice -Mayor Gibson who moved its adoption: RESOLUTION NO, 77-415 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FLORIDA ECOLOGICAL CORPORATION AT A TOTAL COST OF $323,505.16 AND AUTHORIZING A FINAL PAYMENT OF $32,856,46 FOR DELAWARE STORM SEWER PROJECT - 1976, (Here follows body of resolution, omitted here and on fi10 in the Office of the City Clerk,) Uppn Ining seconded by Commissioner Reboso, the resolution was pass@d 4nd he followinc vote= doMMissioher Manolo Reboso CO Missiohet Rose Gordon Coftiiissioner J. t, PluMMer, dr& Vice=Mayor (Rey.) Theodore Pt. Gibtoh Mayor Maurice A. Fevre 61 OEPr COMPLETED_WORK - NORTHERN 1 RAINAWE PROJEaT E-3 WILLIAMS.VAVING COMPANY, Mayor Ferre: on item 21, the City Manager recommends. Gibson tnoVes. Adbi5So Seconds. Further discussion. Ca11 the roll. The following resolution was introduced by Vice.,Mayor Gibson, who moved its adoption: RESOLUTION N0. 77-416 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED $Y WILLIAMS PAVING COMPANY, INC. AT A TOTAL COST OF $135,228.17; ASSESSING $2400 AS LIQUIDATED DAMAGES FOR 30 DAYS OVERRUN OF CONTRACT TIME; AND AUTHORIZ- ING A FINAL PAYMENT OF $13,865.86 FOR NORTHERN DRAINAGE PROJECT E-36. (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. 37. ACCEPT CQMPLETED CONSTRUCTION AT WAINWRIGHT PARK BY ORLANDO . £IENDEZ, INC. Mayor Ferre: Mrs. Gordon moves item #22. Commissioner Plummer seconds i Manager recommends. Further discussion. Call the roll. The resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-417 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF ORLANDO MENDEZ, INC. FOR THE WAINWRIGHT PARK - DEVELOPMENT AT A TOTAL COST OF $116,900.00 AND AUTHORIZING A FINAL PAYMENT OF $14,194.14 FOR THE WAINWRIGHT PARK - DEVELOPMENT. (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 adopted by the following vote- A'ES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Vice -Mayor (Rev,) Theodore R, Gibson Mayor Maurice A. Fevre 109 was passed and ACCEPT PLAT YV TTE Mayor ferrei Pathet Gibson MOVes 23 r BitiMfftei` eei Etir"thet disetission: Call the tell., The fc3iiowi ig tesoldtiOn was introduced by Vic itg adoption: RESOLUTION NO. 7418 A itESOLtTION ACCEPTING THE PLAT ENTITLED YVETTE SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on fill in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was adopted by the following vote- .; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson; : Mayor Maurice A. Ferre tritted teooend§ t dibsifi ► who fftoVed ACCEPT PLAT - AMENDED PLAT OF YANIRA SUBDIVISION, Mayor Ferre: Commissioner Reboso moves item 425. Father Gibson seconds. Plat :Committee recommends. Further discussion. Call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-419 A RESOLUTION ACCEPTING THE PLAT ENTITLED AMENDED PLAT OF YANIRA 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 Vice -Mayor Gibson, the resolution was passed adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Vice -Mayor (Rev.) Theodore R, Gibson, Mayor Maurice A. Ferre it iiii .4 ATIFY ANb_CONFIRM ACTION OF THL CITY MANAGER IN APPROVING MERORKx.PwROASE OF PRINTING rIN �ICIAL NRGSRECTUS AS PART OF $ Juu0fuuu uENERAL $LIGATION WALE, Mayor Ferret Take up item 426, The Manager recommends. Ratifying and confirMing the action of the Manager in approving the emergency purchases of printing the financial prospectus as part of the general obligation sales. Plummer moves, Gibson seconds. Mr. Plummer: Plummer is going to move because it's done and we gotta back up the Manager, but I think somebody is way out in the left field when you pay three times more for a reviseithan you paid for the original, and I don't think I gotta say anymore than that. But I don't know how you can put out the original for one price and then come up and revise it for three times that same price. We're on the hook and I'm sure that the Manager did what he had to do, so I'll approve it. Mayor Ferre: Alright, call the roll. The following -resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 77-420 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING THE EMERGENCY PURCHASE OF PRINTING THE FINANCIAL PROSPECTUS REQUIRED BY THE DEPARTMENT OF FINANCE AS A PART OF THE $28,000,000 GENERAL OBLIGATION BOND SALE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER IN THE AMOUNT OF $6,019.00 TO MIAMI REVIEW, INC.: FROM FUNDS PROVIDED IN THE 1976-1977 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on in the Office of the City Clerk.) Upon being seconded by Vice -Mayor 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 R. Gibson Mayor Maurice A. Ferre NOES: None. CLAIM SETTLEMENT: MARTA C. ALONSO, Mayor Ferre: Take up item #27. The City Attorney recommends. Father Gibson moves. Commissioner Gordon seconds. Further discussion. Mr. Plummer: Let me ask a question. Why do we have to put in the wording that we have to pay her attorney? I don't understand. It seems like to me that we should authorize the Director of Finance to pay Marta C. Alfonso. Mr. Alvarez: Well, the wording, I don't know why it's there, but it's standard, issue every check to the claimant and the attorney. Mr. Plummer: Why? Mr. Alvarez: Well, it's for their protection, for u Mr. Plummer; Why? N . Knox; Well, included in these generally they awards a attorney fees are contemplated Mr, Plummer; That's not our problem, M S, Gordon; It could be though, J,L. Piu rner; What 1'' M saying Rose, she wants to negotiate with hey' attprney over �'�� MAY 1219? ha fee, t don't think he should have the tight. We're only settlin4 With her ih this particular case. The person involved, not with the attorney, • Mrg, Gordon: t know, but we from Out standpoint we have nothing to lose and doing it this way, you know, we tight if we didn't. Mt4 Plummer: I don't see it persbnally, I'm not going to hold this item up, t Can't see why we gotta pay anyone other than the person who was affected, And, t object to the wording of the attorney. t know what it iS. Its guaranteeing the AttOtney he's going to get paid, because he ain't going to sign, endorse that check... Mayor Ferret Hey, look it's 6:30, you want to vote for itoyes or no? Either Way, Mr, Plummer: I'll Vote for it. I'M riot questioning the individual item. I'M questioning the way it's to be paid, Mayor Ferret Call the roll. The following resolution was introduced by Vice -Mayor abson, who monied its adoption RESOLUTION NO. 77-421 A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY TO MARTA C. ALFONSO AND DANIEL M. KEIL, HER ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $4,971.01 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PROPERTY DAMAGE, AND TOWING CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO SEIBELS, BRUCE AND COMPANY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $346.14 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN, CLAIM AND DEMAND AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, 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 R. Gibson Mayor Maurice A. Ferre NOES: None. FURTHER DISCUSSION: Mayor Ferre: J. L. you want to make the motion to correct, you know.. Mr. Plummer: Yes, I'll make a motion that in the future, I'll explore that the Finance Director and the Attorney come back with a recommendation that we pay the claimant and the recipient only. I'd like to have every insurance policy that's paid on a death be paid to the recipient and the funeral home. Let me tell you something, I wouldn't be in court for non-payment as much as I am, and they don't give me that kind of protection. I don't see why I should why I should protect an attorney. You understand what I'm saying and I want an answer this year? Mrs. Gordon: Either that or make sure he gets protection. Mr, plummer: Sure. Give me the same thing. • AYES: NOES: None. s CLAIM SETTLEMENT: CLAPPORb MONROE. the following resolution was introduced by Co n'tmissioner PluMter who oVed its adoption: RESOLUTION No, 77=422 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CLIFFORD MONROE AND RUTH MONROE, HIS WIFE, AND ANTHONY CAPODILUPO, THEIR ATTORNEY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $3,250.0° tN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJUJRY AND PERSONAL INJURY PROTECTION LIENS, CLAIMS AND DEMANDS, AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO FIDELITY AND CASUALTY INSURANCE COMPANY OF NEW YORK, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $500.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN, CLAIMS AND DEMANDS, AGAINST THE CITY OF MIAMI, AND UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre 43, CITY COMMISSION GO ON RECORD AS OPPOSING HR 10210 WH REBY MUNICIPALITIES ARE MANDATED TO PROVIDE UNEMPLOYMENT INSURANCE. Mr. Plummer: Well, now Mr. Mayor, please this carries with it a possible donation by this City at a later date to fight the cause and the reason I'm bringing it to you in Tuesday meeting in Tallahassee, it was said that this was frivolous. Because this is attacking the federal legislation about unemployment. But we are covered like it or not under state legislation. So if they knock out the federal we're still covered by the state and we might still be donating to fight the federal. So I hope you understand what you're doing. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, OPPOSING THE PROVISIONS OF RR 10210 AS ENACTED BY THE CONGRESS OF THE UNITED STATES TO BE EFFECTIVE JANUARY 1, 1978, WHEREBY MUNICIPALITIES ARE MANDATED TO PROVIDE UNEMPLOYMENT INSURANCE; FURTHER INDICATING THE CITY COMMISSION'S POTENTIAL INTEREST IN PARTICIPATING IN A JOINT LEGAL ACTION BY PUBLIC AGENCIES SUBJECTED TO THE PROVISIONS OF HR 10210 CHALLENGING THE PROVISIONS OF SAID LEGISLATION, BUT NOT MAKING A FINAL DECISION ON THIS MATTER UNTIL DEFINITIVE COST ESTIMATES ARE RECEIVED AND DIRECTING THE CITY CLERK TO MAIL COPIES OF THIS RESOLUTION TO VARIOUS LEGISLATIVE BODIES AND AGENCIES. (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 - AIM 1 9.11271 dOMf?issionei Rose Cord h dOMAissionet Manolo Reboso. Vice=Mayor (ReV.) TheodOte R, Mayor Maurice A. tette lOfilIiliStioner J.L. PlaMffier, ENCOURAGE SUPPORT FOR THE CHILD ABUSE TREATMENT PROJECT The foiioWing resolution Was thtrOdueed by ViceMayor Gibson, who M Ved itt adoption: RESOLUTION NO. 77=424 A RESOLUTION STRONGLY RECOMMENDING CONTINUATION OF THE CHILD ABUSE TREATMENT PROJECT OF THE UNITED FAMILY AND CHILDREN'S SERVICES OF DADE COUNTY, INC., AND URGING THE DADE COUNTY LEGISLATIVE DELEGATION, AS WELL AS THE GOVERNOR OF THE STATE OF FLORIDA, TO SUPPORT THE IMPLEMENTATION OF FUNDING OF THE AFORESAID PROJECT WITHIN THE BUDGET OF THE FLORIDA STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND INSTRUCTING THE CITY CLERK TO SEND COPIES HEREOF TO ALL PARTIES CONCERNED. (mere follows body of resolution, omitted here an on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre passed and. ID ACCEPT4N' LITTLE RIVER COMMUNITY DEVELOPMENT PAVING PROJECT - -4411 Mr. Plummer: 15% cost ,from $6,000 of not I want it aga I want a breakdown from the Administration of why we're talking about the cost of the project and the funding. It's almost a little over actual cost and I'd like a breakdown on it. I did this once before and in. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-425 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED AMOUNT OF $40,739.50 FOR THE LITTLE RIVER COMMUNITY DEVELOPMENT PAVING PROJECT B-4411; WITH FUNDS THEREFOR PROGRAMMED AND BUDGETED UNDER THE "COMMUNITY DEVELOPMENT PROGRAM"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here in the Office of the City Clerk.) UPon being seconded by Commissioner Gordon, the resolution adopted by the following vote; AYES; Commissioner Manolo Reboso commissioner Rose Gordon Commissioner J. L, Plummer, Jr. Vioe't4 Yor (Rev,) Theodore R, Gi Mayor Meuriee A, Ferre 114 and on file'. was passed and • 61 BID ACCEPTANCE; ALL!RD CHORINE AND CHEMICCo AND CLARKE CHRMICAL LOR�� FOR FURNISHING `he foiloWing reSo1Utiofi Was introduced by Cotthiissioher Plutifter, Who !flayed its adoption: RESOLUTION NO, 71-426 A RESOLUTION ACCEPTING THE BID OF ALLIED CHLORINE AND CHEMICAL COMPANY TO FURNISH CHLORINE FOR A ONE YEAR PERIOD, AS REQUIRED, ON A UNIT COST BASIS AT A COST NOT TO EXCEED S9,000.00: AND THE BID OF CLARKE CHEMICAL CORPORATION TO FURNISH SODA ASH, CHLORINE CALCIUM HYPER -CHLORIDE, MURATIC ACID FOR A ONE YEAR PERIOD, AS REQUIRED, ON A UNIT COST BASIS, AT A COST NOT TO EXCEED $6,112.00 FOR THE PARKS AND RECREATION DEPARTMENT; ALLOCATING FUNDS FROM THE 1976-1977 -1978 FISCAL YEAR BUDGETS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed anti adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 47,BID ACCEPTANCE: AUTOMATIC COLOR PHOTOGRAPHIC LABORATORY FOR THE OLICE EPARTMENT, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-427 A RESOLUTION ACCEPTING THE BID OF V.W.R. SCIENTIFIC TRECK PHOTOGRAPHIC FOR FURNISHING AN AUTOMATIC COLOR PHOTOGRAPHY PROCESSING LABORATORY FOR THE DEPARTMENT OF POLICE AT A TOTAL COST OF $8,995.00; ALLOCATING FUNDS FROM L.E.A.A. FUNDS, STATE OF FLORIDA SHARE, AND LOCAL HARD CASH MATCH; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor 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 R, Gibson Mayor Maurice A. Ferre pANGt NAFiRC' F B t dtNT NN 1 AL PAN TO � W WCRL..D C N ER- B t c ENTENNtAL fihe, • foli Mir q rsso :iiu`oh, wA ihtradt eed by Vide -Mayor tib64514, w1id i o add ids ; �dop�ioi5= iESOLU M Nn. /7429 A RESOLUTIONRESOLUtION CHANCING NE MAME OP RiCENTENNfAL PAAk Tb NEW WORD CENTER=EiCEN 'ENNIAL PARK. (Here follows body of resolution, omitted here acid on file in the Office of the City Clerk.) Upon being sedohded by Commissioner Gordon, 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 R. Gibson Mayor Maurice A. Ferre ,..°. NOtS : None. CHANGE NAME OF BAYFRONT PARK TO BAYFRONT PARK OF THE AMERICAS. The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUTION NO. 77-429 A RESOLUTION CHANGING THE NAME OF BAYFRONT PARK TO BAYFRONT PARK OF THE AMERICAS. (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 R. Gibson. Mayor Maurice A. Ferre NOES: None. "HE MIAMI CoMRREHRNStVR NI HSoRHOOb PLAN, WITH CERTAIN MobIR1CAfitoNSi Mayor Ferre: "Read prepared resolution into the record". Does this take into dotlsiderA. atioh all the things that were discussed this Morning, including... Mr. Plummer: 1 didn't find in here the deletion of the Brickell Area. Mayor Ferre: Where is the Brickell Avenue deletion aspect? Exhibit ''A"t Mr. Grassie: Item "F",Mr. Mayor on Exhibit "A", that is the first chart page. Item "F" .... Mr. Fosmoen: It reads, the Brickell area bounded by Miami River, Biscayne Bay, BW 15th Road and S. Miami Avenue, is excluded from any landuse designation, pendihq further study. Mr. Plummer: That's not correct, it was supposed to be the west boundary was supposed to be the railroad track. Mr. Fosmoen: My impression from the discussion this morning Commissioner was that there really was no problem with the railroad area,and I think that the real problem was on the Bay, and further we have a station, a transit station at that location. Mr. Plummer: Yes, but the transit station is going between Miami Avenue and the rail- road track. Ok. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-430 A RESOLUTION OF THE CITY COMMISSION MAKING CERTAIN FINDING ABOUT, AND ADOPTING WITH MODIFICATIONS, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, CONTAINING CERTAIN ELEMENTS, REQUIRED AND OPTIONAL, UNDER THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 (CHAPTER 163 F.S.) FURTHER COMPLYING WITH THE MIAMI CITY CODE CHAPTER 2, SECTION 2-67 AND CHAPTER 62, SECTION 62-5; SUBJECT TO CERTAIN MODIFICATIONS CONTAINED HEREIN, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, AND DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO CERTAIN AFFECTED AGENCIES. (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 R. Gibson Mayor Maurice A. Ferre NOBS; None. 511CONTINUED DISCUSSION OF THE RECOGNITION OF THE SANITATION EMPLOYEES ASSOCCIATION AS A BARGAINING UNIT. Mt. Knox: Just one thing, I had a report regarding negotiations with an Attorney for F.E.C. Condemnation, but I can give it to you in writing and ask that Mr. Homan schedule it as a discussion item next week. Rev. Gibson: Mr. Mayor, I'd like to get those answers I asked about, you know.tt's very easy for us to go away from here and do nothing about them. Mayor Ferre: We're back to this morning discussion that Father Gibson brought up. Mr. Grassie? Well, let's see if we can go back to this .... as you know we were talking about the question of the resolution that the Commission took last Monday and the discussion that was pursued with Mr. Dean Mielke's presentation before the master and the City Commission's position, and to my recommendation is that the simplest way of doing that--- is the hearing still going on tomorrow? Mr. Grassie: I don't know Mr. Mayor. I've been here with you, so... Mayor Ferre: The hearing is over. Well Father Gibson, how do you want to... ? Rev. Gibson: Mr. Mayor, one of the questions was did the County recommend the Sanitation people as a unit? Now, you know, usually if you want to find out those things you pick up the telephone, you know, in the midst of this discussion and by now I'm sure that's been a long time, you could find out yes or no, that's number one. Number two, a very interesting thing I have before me,a way in which this thing is bein determined. Contrary to what is said. Whenever this information is furnished, the state will make its determination. Listen to this, one of the things that the state is concerned about is the compatibility of the unit with the joint responsibilities of the public employer and public employees to represent the public. Listen to this, if the dependence of job and interchange of employees desires of the employees the history of employer relations within the organization of the public employer concerning organization and negotiation. See, all I want to say to all of you is man, and it might be well to ask Gene Naples. Mr. Naples, he's a labor man, ask him what this implies and what this means? That we could have said to the master, that we the Commission, and contrary, contrary, we the Commission, want to recognize these people and that's what I just go through reading. Let him tell you. Mr. Naples: Mr. Mayor, and members of the Commission. As I understand it... Mayor Ferre: Gene, identify yourself for the record. Mr. Naples: Gene Naples, President of the Miami Association of the Fire Fighters. That we are talking about certification of the Sanitation Department and the criteria for determining that certification I think is what you're talking about and that's what Rev. Gibson just referred to in Chapter 447 of the Collective Bargaining Law. There are two ways that you can file a petition with the Public Employees Relations Commission. One is known as a PA petition, in which case the employer agrees with the Bargaining Unit. The other is called an RC petition, in which case the employer does not agree with the Bargaining Unit as the employee group would like it. I think what Father Gibson just alluded to was the fact that the historic relationship and that's one of the things that's considered by a Commission,of the employee group as it's related with the city in the past, and that the Bargaining Unit should be considered for the criteria or the decision as to whether or not the Bargaining unit is proper or appropriate is what's considered under those criteria that he spelled out there. That as under Chapter 447. As I understand it, the city apparently has not agreed with the Bargaining Unit, and I had some very strong feeling from this originally, because of the make-up of this particular city, and I recommended personally to Chairman Mack when he was a Chairman, and also to Larry Carson, since he has become the Chairman of the Public Employees Relations Commission that our situation is unique here. What they look at really is that when a group of General Employees comes before P.E.R.C.they're usually talking about a group of maybe 80 to maybe 300 people in the entire unit. Here we're talking about a much larger unit, and I think these people are very unique in the make-up of their department, and I suggested to them that they consider that and the historic relationship is the thing that I spoke to. But I think it's very important that this criteria be looked at and from what I can determine of what I've heard has happened in the past couple of days, apparently the Commission wants to one way and the Administration wants to go the other. But `hat, the gist of the whole thing is that there are certain criteria that determine what the appropriate unit is and there are very definite things that are outlined under the law that ought to be considered by the Public Employees Relation Commission in making that determination, I1 Rev. Gibson: Mr. Mayor, thank you sir. Mr. Mayor, if that be the case, I think again, this Commission ought to make its position clear and I'd like to get the other answer whether or not the County has recommended the Sanitation Department as a Bargaining Unit? So that you know, put it all out on the table. Is that right Mr. Grassie? Did anybody find out? Mr. Grassie: Commissioner, as you know, I've been here with you since the morning. I do not know. Rev. Gibson: Well, Mr. Mayor, you know what I'm trying to tell you all that you all don't seem, all this time, man, it was an easy matter for them to instruct anybody on the staff to find out. That's what I'm saying. Let's ask these labor men whether or not they've heard as I have heard. Mr. Naples: Mr. Mayor, one thing that has just occurred in Tallahassee and that there is entire revision of Chapter 447 which is Public Employees Relations. The chapter that deals with that Commission that there is in both the house and the senate a provision that will take this thing and straighten it all out. If the Employee Organiz- ation and the employer determine that they both agree with the appropriate unit they will no longer have to go to an election, and I have every reason to believe that that will pass out at this session. Rev. Gibson: Mr. Mayor, I asked for that answer in the middle of the day. If we wanted an answer out of New York on bond issue we would have had it by now. Mayor Ferre: Well, does anybody know.... Rev. Gibson: Let me point out something very strange and significant. None of the Labor Lawyers are here. Nor is Mr. Mielke, and ordinarily man, this room would have been filled with those guys. You know why they aren't here. They don't want to face you. They don't want to answer any of these questions. It seems to me that we had plenty of time. If we were operating in good faith they would be here. Mr. Smith: Mr. Mayor, members of the Commission, my name is Bill Smith, Sanitation Employees Association. Dade County did give their Sanitation Unit an RA petition and they did it the latter part of last week, and that's on the record. They did do that. Mrs. Gordon: Well, how do we go about doing it? What do we have to do to do it? Mr. Smith: With my understanding of the law is that last year the city gave the Sanitation Employees Association RA petition. That petition was denied by the out- going Chairman, Curtis Mack at the eleventh hour. The Interim Chairman, Mc Clean ... we went to Tallahassee and had that RA petition reinstated, which means it's a live petition just as if it was never denied. Last month when we had the hearing the city came in and went for a wall to wall unit, which means they were reneging on the RA petition. That time we tried to petition to let the city know that according to the law that they should back the RA petition that they gave us. On Monday, when we went through this, the city instructed the Administration to back the RA petition and this morning at the hearing the city did everything but that. They put the papers before the Hearing Officer, saying that this was the decision of the Commission, but not the decision of the Manager. That the Manager did not agree, and that was it. And, the Attorneys for the other parties which was Mr. Sugarman, Weinsoff, Bernard Turner, Mr. Slesnick moved to reject the letter because the City Attorney there representing the city at that hearing was supposed to come forward and the Commission, is this the position of the city, or is it not, and this he was not ready to do. So after an hour and about a half of hassling backward and forward he did come forward and say, that this was the position of the city. We then moved to strike the city's letter, well which Mr. Grassie signed which was the city's exhibit number 30, where he states that he did not agree with the Commission. You must understand that when we go before the P.E.R.C. Commission in Tallahassee this seems to have some bearing as to what the city's position will be, and we're saying that it's not clear. That whoever you send before that Commission be instructed to state exactly what the city position is and not to deviate from that program. Mr. Plummer: Maybe I'm trying to make things too simple. But you know where I found fallacy this morning both of letters which was surrendered , both items 29 & 30 were headed by a statement of the Manager and signed by the Manager, even though one spoke for the Administration and one spoke the City Commission. I think Mr. Mayor, the matter can be cleared up very simply by you, the Mayor of this City, writing a letter to P.E.R.C. stating the position of the Commission. And, I think where the confusion came in is that Mr. Grassie signed both of the letters. In one letter he concurred. In the other one he disagreed, and I can understand where the thing would be falling apart. And, I think Mr. Mayor, if you send a letter to P.E.R.C. on your stationary over your signature explaining the policy of the City Commission that that should clear 11 AlAti 4 a 4I it ups t dori i t know whit the t'teetifi4, Mayor 'erne : Mr 9 itho t ) wohid you haVa that lettek drafted ii1 iegai form so that it is not a vioiation of anything in the ohartefy for ate? i§e 0t' oah db uftleS you AIL i� alp and per§ona11/ attended Mr, h110 is `des Mayor Ferret And,I'll be happy. to do it, if that hems-olatify the dituatioh. Mr. Plummer: 1 don't know of anything else you can do to Older up the matter unless you go attend and put it on the record in person. Rev. Gibson: Mr. Mayor,. this is my final continent. All I'm trying to get the Commission to see is we the Commission were painted as ... this was a political issue. Mr. Grassie you were not there. So I can understand and syinpathite with you, but your representatives, the men that work for you gave the impression that this was a political issue. They did not say P.E.R.C. and this is important in the writing of the letter that originally we recognize these men as Bargaining Unit and that you the Administration took one task. One, you deviated from what we had said, ands thatwwe are nethefrecord, andtifeItell wereyou on thatlthat Commissionemen readingve theaid record over these weeks are in I would be deciding against those men. Mayor Ferre: Mr. Knox, would you confer with Father Gibson in the final drafting of the document to make sure that all of his points are included in the document? Ok? Mr, Knox: Yes sir. Mayor Ferre: Then when you have it in final draft and have somebody deliver it tb me. I'll be happy .... Ok, does that cover it? Any further discussion. ADJOURNMENT: Thene being no 5wtthXt bws.ine44 to come beiio-re the City Commis&.ion the meeting ways adjotated at 6:50 P.M. MAURICE A. FERRE Mayon. if T We'/ V IF 1 /14 I \I I t DOCUMENT INDEX MEETING DATE: May 12, 1977 ITEM NO 1 COMMISSION AGENDA AND CITY CLERK REPORT T DOCUMENT IDENTIFICATION 2 ACCEPTING THE COMPLETED WORK PERFORMED BY INTERCOUNTY CONSTRUCTION CONRPORATION AT A TOTAL COST OF $2,208,005.40 3 ACCEPTING THE PLAT ENTITLED LONGVIEW 4 AWARDING TI-IE BID OF WEBB GENERAL CONTRACTING, INC, IN THE AMOUNT OF $45,119 FOR THE LEGION MEMORIAL PARK -BOAT RAMP & PARKING 5 APPROVING THE ESSENTIAL TERMS OF THE PROPOSAL SUBMITTED BY MARTIN RABIN AND HENRY GRADY, III FOR DEVELOPMENT OF A MARINA AND MARINA SUPPORT FACILITIES UNDER AND AROUND CITY OF MIAMI BAY BOTTOM LAND IN THE LAGOON SITUATED WEST OF MIAMI MARINE STADIUM 6 APPROVING THE ESSENTIAL TERMS OF THE PROPOSAL SUBMITTED BY MARINE STADIUM ENTERPRISES, INC 7 ACCEPTING THE COMPLETED CONSTRUCTION OF D.M.P. CORP FOR THE S.W. 22 STREET HIGHWAY IMPROVE- MENT -PHASE II-H-4395 AT A TOTAL COST OF $127,417.17 8 AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI 9 AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, THE ATTACHED AMENDMENT NO. 1 TO AGREEMENT OF APRIL 9, 1976 BETWEEN THE CITY OF MIAMI AND THE GROVE GROUP 10 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE UNIVERSITY OF MIAMI AND THE PUBLIC HEALTH TRUST OF DADE COUNTY, FOR THE PROVISION OF CERTAIN SERVICES 11 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNITY AGREEMENT BETWEEN THE CITY OF MIAMI INDEMNIFYING THE U.S. GOVERNMENT, THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION. 12 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GERARD J. ZELL, FOR HIS PROFESSIONAL SERVICES AS A LEASE NEGOTIATOR 13 ACCEPTING THE COMPLETED WORK PERFORMED BY FLORIDA ECOLOGICAL CORPORATION AT A TOTAL COST OF $323,505.16 COMMISSION ACTION R-77-402 R-77-405 E-77-406 R-77-407 R-77-408 R-77-410 R-77-411 R-77-412 R-77-413 R-77-414 R-77-415 RETRIEVAL CODE NO. 0052 77-402 77-405 77-406 77-407 77-408 77-410 0053 77-411 77-412 77-413 77-414 77-415 Pi NO. DOCUMENT IDENTIFICATION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS PAVING CO., INC. AT A TOTAL COST OF $135,228.17 ACCEPTING THE PLAT ENTITLED YVETTE SUBDIVISION ACCEPTING THE PLAT ENTITLED AMENDED PLAT OF YANIRA SUBDIVISION,. RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING THE EMERGENCY PURCHASE OF PRINTING THE FINANCIAL PROSPECTUS REQUIRED BY THE DEPARTMENT OF FINANCE. AUTIORIZING THE DIRECTOR OF FINANCE TO PAY TO MARTA C. ALFONSO AND DANIEL M. KEIL, HER ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY THE SUM OF $4,971.01 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CLIFFORD MONROE AND RUTH MONROE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $3,250.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY OPPOSING THE PROVISIONS OF HR-10210 AS ENACTED BY THE CONGRESS OF THE UNITED STATES TO BE EFFECTIVE JANUARY 1, 1978. STRONGLY RECOMMENDING CONTINUATION OF THE CHILD ABUSE TREATMENT PROJECT OF THE UNITED FAMILY AND CHILDREN'S SERVICES OF DADE COUNTY, INC. ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED AMOUNT OF $40,739.50 FOR THE LITTLE RIVER COMMUNITY DEVELOPMENT PABING PROJECT B- 4411 ACCEPTING THE BID OF ALLIED CHLORINE AND CHEMI- CAL COMPANY TO FURNISH CHLORINE FOR A ONE YEAR PERIOD ACCEPTING THE BID OF V.W.R. SCHIENTIFIC TRECK PHOTOGRAPHIC FOR FURNISHING AN AUTOMATIC COLOR PHOTOGRAPHY PROCESSING LABORATORY FOR THE DEPARTMENT OF POLICE AT A TOTAL COST OF $,995.00 CHANGING THE NAME OF BICENTENNIAL PARK TO NEW WORLD CENTER -BICENTENNIAL PARK CHANGING THE NAME OF BAYFRONT PARK, TO BAY - FRONT PARK OF THE AMERICAS. MAKING CERTAINS FINFINGS ABOUT, ADOPTING WITH MODIFICATIONS, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. F JOCUMENTINDEX CONTINUED COMMISSION r RETRIEVAL ACTION ` CODE NO. R-77-416 R-77-418 R-77-419 R-77-420 R-77-421 R-77-422 R-77-423 R-77-424 R-77-425 R-77-426 R-77-427 R-77-428 R-77-429 77-146 77-418 77-419 77-420 77-421 77-422 77-423 77-424 77-425 77-426 77-427 77-428 77-429