HomeMy WebLinkAboutCC 1977-08-02 MinutesCITY or MIAM
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MINUTES
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
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ITEM N0,
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I NCEY
CEiMSSF10fJ OF MIAMI, 6RIDA
SUBJECT
1. SECOND READING ORDINANCE: AUTHORIZING
ISSUANCE OF $15,000,000 (SUBJECT TO NOVEMBER
8, 1977 ELECTION) IN GENERAL OBLIGATION
MUNICIPAL STADIUM BONDS, FOR IMPROVEMENTS
TO ORANGE BOWL MEMORIAL STADIUM.
2. SECOND READING ORDINANCE: PROVIDING FOR THE
HOLDING OF A SPECIAL BOND ELECTION, ON
NOVEMBER 8, 1977, ON THE ISSUANCE OF
$15,000,000 OF GENERAL OBLIGATION MUNICIPAL
STADIUM BONDS FOR IMPROVEMENTS TO ORANGE BOWL.
3. AUTHORIZE PURCHASE OF MICROFILM EQUIPMENT FOR
THE OFFICE OF THE CITY CLERK.
4. FIRST READING ORDINANCE: AMEND RETIREMENT
PLAN PROVIDING FOR SUPPLEMENT TO A SURVIVING
SPOUSE RETIREMENT ALLOWANCE AS IT APPLIES TO
CERTAIN DESIGNATED EMPLOYEES.
DISCUSSION ITEM: PARKING PROBLEMS FOR THE
PRESS AT THE ORANGE BOWL STADIUM.
CITY ATTORNEY'S REPORT ON SEARCH FOR SPECIAL
COUNSEL TO ASSIST WITH F.E.C. CONDEMNATION.
9.
10.
11.
12.
13.
CLAIM SETTLEMENT- EDWARD DIVIETRO.
CLAIM SETTLEMENT- JOSEPHINE ALVAREZ.
DIRECT CITY MANGER TO PROCEED IMMEDIATELY
WITH NEGOTIATION PROCESS - SANITATION
EMPLOYEES ASSOCIATION.
AUTHORIZE CITY ATTORNEY TO NEGOTIATE WITH
INDIVIDUALS TO ACT AS SPECIAL COUNSEL ON
F.E.C. CONDEMNATION.
MODIFICATION OF PREVIOUSLY PASSED MOTION RE
CITY ATTORNEY'S NEGOTIATION WITH INDIVIDUALS
AS SPECIAL COUNSEL ON F.E.C. CONDEMNATION.
ALLOCATE $8,200.00 TO GROVE HOUSE, INC. FROM
SPECIAL PROGRAMS AND ACCOUNTS.
DECLARE THE WEEK OF AUGUST 27TH AS: "LATIN
CHAMBER OF COMMERCE WEEK," IN THE CITY.
QRDINANCE OR
RESOLUTION No, PAGE NO,
Ord. 8683
1 - 2
Ord. 8684 3 - 4
R- 77-678 4 - 5
Ord. 8685 5 - 6
DISCUSSION 6 - 7
DISCUSSION 7 - 8
R- 77-679 8 - 9
9 - 10
R- 77-680
M- 77-681
M- 77-682
M- 77-682
R- 77-683
M- 77-684
10-16
17 - 18
2
3
4
ii illt . • - • 1111111111111111111111111111111111111111111111111111
(Nth ES OF SPECIAL MEETING
COMMISSION OF MIAMI, FLO tIbA
* * * * * * *
the 2 day 'of August, 1977, .the City COmfnis ti i
ession to discuss business of pibiio import.
Special
The meeting was called to order at 8 OEM O'Clock A.M. with the
following members of the Commission found to be present(
Commissi.oner. J. L. Plummer, Jr..
Commissioner Rose Gordon
Vice--Myor Theodore Gibson
Commy�issionez Manolo Reboso
Mayoa: Haurice A: Ferre
Graed.ie, City Manager
n, ::e s :, i`ant: City Manager'
F 'Knox, City Attorney
r; Ongie, City Clerk
rai., Aesieennt City Clerk
maw D IJ_I`G . t« - ! il41( 1 Z I NG I s SUA�NCC OF $15, �, O03 (SUBJECT TO NOVE1 BER
7 ELECTICC4).OBLIGATION 1 INICipl .. STADIUM BONDS, FOR IMPROVE7€NTS
...to ORANGE BOWL MEMORIAL. STADIUM,
Mayor Ferre: Good morning 1�dj�sdan�r4tn�l�urposesThis
ard1l amspecial
morniyg
of Miami, Commission Meeting
going to expand it to the third. The three purposes are one, to read in
second reading the ordinance pertaining to the holding of a special bond
election with regards to improvements in somee Orange employeep�oblemsethadly, the
Father
purpose of thismeeting is and thirdlyhe
Gibson has brought up and thee we need to discuss this morning
Commissioner Plummer, is gei fr to bring up a very serious problem that
we have with regards to pa:kind passes at the Orange Bowl for these sports
writers and the sports people in the television station and in the press
.., since I think we have a pretty serious problem coming up on that. So,
we'll start off with the f-i est. one.
Mrs. Gordon: A resolution here for the micro -film I assume you want to
put that on the acierde .
Mayor Ferre: Oh, yes.
Mr. P lunue!e : 1 don't want it on t-he agenda. I • haven' t had the chance to
read it.
Mayor Ferre: Well, we'll geve you a chance to read it.
Mr. Plummer: I don't want a chance to read it.
Mayor Ferre: Well, let:; start with the first things first and then we'll
see what you want to take up after that. Alright, this is an ordinance
providing for the holding of a special bond election in the CitY of Miami,
Florida, on November 8, 1977, on the question of issuing $15,000,000ender
n
General Obligation Municipal Stadium Bands, for improvements to and m
lZt_ on and extension o f the Orange howl ,'i='-morial ` =-chum; containing
llduPealer provision and a severability clause. Mr. Knox, did you or
the law office prepared this?
Mr. Knox: Yes
first.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre: The
sir, procedurally we should consider the other ordihande
Alright.
Which one?
one.
Mi Knox: The one that authorizes the issue,
Mayor Ferre: Well, did your office prepare both
Mr. Knox: Yes sir.
Mayor Ferre: Are these in substance to what we passed before?
Mr. Knox: Yes sir.
Mayor Ferre: Ok. " An ordinance authorizing the issuance, subject to the
election on November 8, 1977, herein provided for a $15,000,000 General
Obligation Municipal Stadium Bonds, for the purpose of paying the cost of
improvements to, and modernizing and extension of the Orange Bowl Stadium
2Ontaining a repealer provision and a severability clause. Is there a
motion on this?
Mr. Plummer:
Mayor Ferre:
Rev. Gibson:
Mayor Ferre:
Call... I've
Mrs. Gordon:
Mayor Ferre:
Mr. Plummer:
I think I moved it before and I'll move it again.
Is there a second?
Second.
Second... there is a motion
already read the ordinance.
Wait a minute, which one are you working on
On the one...
This is the one authorizing the issuance.
Mr. Knox: Sir I'll read it for the records.
Mayor Ferre: Moved by Plummer, seconded by Gibson,...
Call the roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT
TO THE ELECTION ON NOVEMBER 8, 1977, HEREIN
PROVIDED FOR, OF $15,000,000 GENERAL OBLIGATION
MUNICIPAL STADIUM BONDS FOR THE PURPOSE OF
PAYING THE COST OF IMPROVEMENTS TO, AND MODERNI-
ZATION AND EXTENSIONS OF, THE ORANGE BOWL
MEMORIAL STADIUM: CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 28, 1977,
Was taken up for its second and final reading by title and adoption. On
Commissioner Plummer, seconded by Vice -Mayor Gibson, the
motion of
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Vice -Mayor Gibson, and Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: None.
THE 21WINANCE WAS DESIGNATED ORDINANCE NO, 8683.
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.
and a second. Further discussion?
SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF A SPECIAL VA
ELECTION, ON NJOVEMBER 8, 1977, ON THE ISSUANCE OF i5,(, 11 OF GENERAL- O UM=
TION 1NICIPAL STADIUM BONDS FOR IMPROVEMENTS TO R V :1 L
Mayor Ferre: Alright, now the other one.
Mrs. Gordon: Mr. Mayor, on the other one I have a very serious question
with regards to the wording; " as it will be on the ballot",... correct
me if I'm wrong, but the wording to be placed on the ballot, is that the
wording thats at the bottom of the page and the top of the following page?
Mr. Knox: Yes.
Mrs. Gordon: Ok, then in that case I would ask you sir to insert; shall
General Obligation Stadium Bonds, because just saying shall bonds, is not
clear enough in my opinion.
Mayor Ferre: Is that...
Mr. Knox: Alright, we can amend i
Mr. Plummer: Shall...
Mayor Ferre: Shall General Obligation..
Mr. Plummer: G. 0. Bonds.
Mrs. Gordon: General Obligation... in other words, repeating the wording
that is in the first paragraph on the top of the page, clarifies specifically
what you're asking the people to vote for.
Mayor Ferre: Yea, I still think its
same changes will be made on page
Mayor Ferre: What page?
Mr. Knox: On page six.
Mayor Ferre: Six.
Mr. Knox: Its repeated.
Mrs. Gordon: It would now read...
Mr. Knox:
Ok, the
Mayor Ferre: Shall General Obligation.
Mrs. Gordon:
heading.
Municipal Stadium Bonds... same wording as recited in the
Mayor Ferre: Shall General Obligation Municipal Stadium Bonds.
Mrs. Gordon: Right.
Mayor Ferre: Of the City of Miami, Florida. Alright, with those corrections
which I think are well changed,... is there a motion on this?
Mr. Plummer: Yes.
Mayor Ferre: Plummer Moves, is there a second? Gibson seconds, is there
further discussion?
Mrs. Gordon: On discussion only for the records, my stated objections are
not to the improvements of the Orange Bowl, I will be in favor of it... and
believe it firmly should come from the revenue thats produced by the Stadium
or from those persons who attend and make use of the Stadium, I therefore,
will not be voting with this in spite of the fact that its going to be
going to the voters of the City of Miami, with the General Obligation
Municipal Stadium Bonds.
Mayor Ferre: Alright, further discussion?.,, call the roll,
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR
HTHE
E EITHOLDING
F OOF A
SPECIAL BOND ELECTION
FLORIDA, ON NOVEMBER 8, 1977, ON THE QUESTION
OF ISSUING $15,000,000 OFORGENERAL
IM VEMENTSTTON
MUNICIPAL STADIUM BONDS
AND MODERNIZATION AND EXTENSIONS OF THE ORANGE
BOWL MEMORIAL STADIUM;
CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE. of 2$, 1977,
Passed on its first reading by title at the meeting July
taken upfor its second and final reading by title and adoption. On
was Vice -Mayor Gibson, the
motion of Commissioner Plummer, seconded by
Ordinance
was thereupon given its second and final reading by title and
passedadopted the following vote:
AE:Mr. RebOS by
AYES: andMr. Reboso, Vice --Mayor Gibson, Mr. Plummer, and Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.
8684.
The CityAttorney read the ordinance into the public record and
announc
ed that copies
were available to the members of the City Commission
and to the public.
3, AUTHORIZE PURCHASE OF MICROFILM EQUIPMENT FOR THE OFFICE OF THE
CITY CLERK,
Mayor Ferre: Now we have before us a request for passage of a resolution
to order microfilm equipment. J. L. do we have time to read it?
Mr. Plummer: No sir.
Mayor Ferre: Did you read it
Mr. Plummer: No sir.
Mrs. Gordon: I would like to ask'a question about the urgency of this.
Mayor Ferre: Is there a Manager here can answer the question?
(INAUDIBLE)
Mayor Ferre: Can you answer this?
(INAUDIBLE)
Mayor Ferre: Can anybody...
SPEAKER UNKNOWN: I don't know what the question is yet.
Mayor Ferre:
that
Well, lets find out what the question is.
Mrs. Gordon: It appears that we have for at least a year been requesting
the purchase of this kind of equipment for the safe guarding of the records
of the City of Miami, I recognize that Commissioner Plummer, just received
it this morning, so did I... but this is an item that we have discussed
time and again in the past and I believe there is also a cost factor in-
volved in a purchase being made prior to... correct me if I'm wrong Mr.
Ongie,...prior to the poll the price will be going up.
Mr. Ongie: Yes, by about 15%.
Mrs. Gordon: And for the sake of saving some money...
Mr. Plummer: This is just awarding of the bid?
Mr. Ongie: Yes sir.
Mrs. Gordon; Ok, I so move.
WAY
AU 2 1977
.•
Mt, Mummer: Second.
Mayor Ferre: Mrs. Gordon moves the resolution before ybuo Plummer
Seconds and it will cost you $20,000 allocating funds from special
programs and accounts.
Mr. Plummer: As I recall thats about $2,000 more than what we
talked about before, right?
Mayor Ferre: Now has the Manager gone over this as to where he is
going to fit this in the budgetand all that.
Mr. Plummer: No, its not a matter of that.
SPEAKER UNKNOWN: Its the City Clerk's....
Mr. Plummer: City Clerk's responsibility.
Mayor Ferre: 1 know but it Las to go into the budget.
Mr. Ongie: The funds have been already provided.
Mayor Ferre: I asked my question, I got a valid answer. Thank you,
Ralph, thats all I wanted to know. Alright, is there further dis-
cussion? Call the roll.
The following resolution was introduced by Mrs. Gordon, who
moved its adoption:
RESOLUTION NO. 7 7- 6 7 6
A RESOLUTION ACCEPTING THE BID OF EASTMAN KODAK COMPANY
FOR FURNISHING ONL PLANETARY MICROFILMER UNIT AND ONE
MICROFILM RET ZIEV L SYSTEM FOR THE DEPARTMENT OF
THE CITY CLERK As A TOTAL COST Or $20,696.30 ALLOCATING
FUNDS FROM THE SPECIAL PROGRAMS AND ACCOUNTS - SPECIAL
SERVICES A`.1ci O; ILM SY''STEM FUND; AUTHORIZING THE CITY
MANAGER AND THE PURCHASII G AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS EQUIPMENT.
(Her.e fol1, ws body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Commissioner J. L. Plummer,
Commissioner Mar1olo Rcbo,o(
Mayor Maurice A. Ferre
FIRST READING ORDINANCE: AMEND RET I REI ENT PLAN PROVIDING FOR SUPPLEMENT
TO A SURVV I W I N SPOUSE REf I REMNT ALL(W\I1 E AS
IT APPLIES TO CERTAIN DESIGNATED EMPLOYEES
Mayor Ferre: Now we seem to have a little bit of a dilemma...
Mr. Plummer:
for.
Mayor Ferre:
Wait a minute, Mr. Mayor, this is the thing we asked
I'm waiting for the Manager, so that he can... before we
get into this other matter.
Mr. Plummer: We recalled at the very end of the day... we asked for
the corrections to the pension to clear up that inequity that existed
for about three people and this motion is the one that is being placed
before you now,
mayeA ?erre: moves,L second? FathercIce?
Gibson seconds, iE •d4.:,cussion? Would you -read the oi
AN ORDINANCE ENTITLED -
AN ORDINANCL AMENDING:CERTAIN SUBSECTIONS or
THE MIAMI CT6ENER4n•EMPLOYEESRETIREMENT
PLAN (ORDINANCE 0(L.-5624, MAY 2, 1956, AS
AMENDED) ; A5 .7APPF,AR1N IN CODIFICATION FORM •
AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY',
OF MI AM FLORIDA, 1-957, AS AMENDED, MORE
PARTICULAPEY AMENDING SECTION 109 (14) OF SAIb
CHAPTER PY AEPP'46 At)DITIONAE 17RAGRAPH
THEREPD t•SUPPLEMENT TO A SUR-
VIVING 5POUSE'3 14.ETTELMENT ALLOWANCE WHERE A
MEMBER DTES WHO UAL:. NOT RETIRED BUT WHO HAS
BECOME ELIGIBLE EOR.Nc)PMAL SERVICE RETIREMENT
BENEFITS OR EARLY- .',..KVICE•RETIREMENT BENEFITS'
SUCH SUPPLEMENT C,X44SJSTING OF AN ADDITIONAL
PENSION PAYMENT.0in TO11ti•OF AVER,U3E FINAL -
COMPENSATION Fc:J.4 ekcn YEAR OF SERVICE OP FRACTION
THEREOF THAT SUCH MEMIY;R-SERVED AS THE CITY
MANAGEP, ASSISTP...CITY MANAER, CITY CLERK
EXECUTIVE 54,CPFTARY-,0"F TnE CIVIL SERVICE BOARD
EXECUTIVE E.WRETAR'i'OF..THE•PLANNING AND ZONING
BOARD, CITY PHYSICIN, CITY ATTORNEY, ASSISTANT •
DIRECTOR OF THE -1,tPARTMENT OF LAWOR AS DIRECTOR
OR ASSISTANT OTRECTOR-OF..--A- DEPARTMENT ESTABLISHED
BY T.HE CH -;PER OF THE .ciTy OR BY ORDINANCE AS
AUTHORIZE 13Y' sca'.(nIA.PTT,p.;• SUBJECT TO A MAXIMUM
OF 10t; 00:,,iTT,TN:OV-,;.'A:4r0:,E1LER PROVISION AND A
SE\7ERkE3IL
•
Passed o:1 ft7,-::H.:-Ci.14:4.y.'..-01A.•at the meeting of August
2, 1977, WaS taken op •foi1;71:t.,'.-6T14-.41T1d*Inalreading by title and
adoption. On motin o..f-7.,.;Jiifl:fer:::::PA:UMMer',Hseconded by Vice -Mayor
Gibson, the 1;1,4t.h.Ofe'.UI.;444,4.::,4.ien,its:second and final reading
by title and passe-30:-.4.-J'A41)*,--..:::tolloWing Vote:.
AYES Mro. Mi;..-IU'47;.14::.,RebosO,;- Vide -Mayor Gibson, and
•
Mayr.)r Ferrf4.
. .
NOES: None. ••
••
rmnsme
Mk -
THE ORDINANCF r,Pi731C,1g\TP-.)1[07NANCE, NO 8685.
The C:i.ty Attcrnt--; 'r4,..-46.the;t-,.6rdinance into th public record and
announced that: copli2's wer(j:±alioila,Je to' the members of the City Commission
and to the public,
5. DISCUSSION 11LM: PWW46'-t)k013LEMS FOR THE PRESS AT THE
f),
pLiolt 01ADIUM.
Mr. Plummer: Kr. Mayor, you want. me to bring UO now the Orange Bowl
parking problem?
Mayor Ferre: Alright mt. .(.4as.F,e as here so why don't you go ahead
and do that.
Mr. Plummer: Mr, Mayor; -7,-th aI.1 of the thincfs that are beina redone
and the restructuring oi ttc7; Orange bow] parking —Joe? Of all of the
things being done with ti Orange Bowl parking, 1 have and the Mayor
has received calh,; frcm t.ht pLess... in particular, Burnie It
seem that there is .-3 partirolk.r.,, ves I know He toid me that he had
spoken with you. Ti i PIC45telIt IS thc.lt you he not been able to at
this time, give him a JJ.-fli r,,1 answer back and his concern is that
we're faced with the f:i.)n right around the corner and will not have
another Coirunission Meeting until after the date of the first .event.
Is that what it is_ Ok, AilgUst 15th, Now, the problem seem to be
that they are being Pr'fjded with inadequate space, whether it is
as it has been in the paSt-asa for no charge for the
AUG 2 1977
working press or whether or not they would be allowed to buy some
get some free as they have in the past, but I can't speak for the
Mayor, but it seem like to me that those people that we want the world
to get the word from are going to have a big problem and what ever it
takes as far as I'm concerned to get the adequate parking for the
working press, I think should be done.
Mayor Ferre: You know...
Mr. Grassie: My impression is that it is already taken sate o
Mayor Ferre: But Mr. Grassie...
Mr. Plummer: As of yesterday morning it was not.
Mayor Ferre: As of yesterday afternoon it was not taken cared of
and it just seem... if you'll forgive us here...
Mr. Grassie: Mr. Roach is here and he just told me that.
Mayor Ferre: If you'll forgive me Mr. Roach, if I may address you
for a second on this thing. It seem to me that, that problem should
have never oven arisen. How in the world can we... you know, here
we are... you know we got this next super bowl here and we're trying
to up grade the Orange Bowl and its such an important thing and we're
just horsir.; around... excuse the expression...with something as
vital as this and we're cutting down... you know, channel 4 from
having 18 passes to having 12... you know, whets that gaining us...
I don't see that we gain anything out of that and I think the down
side of it... it isn't worth it, if anything we need to have the very
good will of all of these people... we're going to be televising nationall'
these events. Mr. Roach?
Mr. Roach:
think we'v.
Mayor Fert
Well, I did speak with Burnie Rosen, yesterday on this... I
come to a satisfactory compromise.
. Who is he with?... Channel Four.
Mr. Plummer: Who?
Mr. Roach: Bernie Rosen, Channel Four... yes... Four Sports.
Mr. Plummer: Well, Mr. Roach, let me enter a comment here. Burnie,
made a very fine point that I think should be kept in mind, not just
for this particular problem... but he said you know when they went to
build the new Club Clouse that George Runde , who was the
engineer or the contractor, called all the sport people in and said now
look you're going to be using this facility... tell me what you need,
tell what you think and lets have your input so that we can make it
most agreeable for everyone. Bernie said that in this particular case
nobody called them to consult with them about what their needs were
or not, and in particular with Bernie, because he does other filming
of high school and other football games and I just say to you that I
think they should have been consulted and if you say its taken care of
thats all I need to hear.
CITY ATTORNEY'S REPORT ON SEARCH FOR SPECIAL COUNSEL TO ASSIST WITH
F.E.C, CME t'ATION.
Mayor Ferre: Alright, now we're on the subject of searching.., would
believe for an attorney for our condemnation suit for the F.E.0
Property and it seem almost unbelievable to me that we've chosen three
attorneys and now the second one gives us this who says that we've got
to waive our rights to a law suit, which there is no way we can waive
our rights to that law suit.
Mr. Plummer: Mr. Knox, is going to resign since the fee is $275,000
and...
!, L: G 2 1977
Mayor Ferre: Its unbelievable .:_ally, so I guess we're down and out to
the third attorney you recommended, was Toby Brigham, and whats your
recommendation Mr. Knox, what do we do now?... we need to get on with
this law suit.
Mt. Knox: Right:. Mr. Mayor, f did speak to Tody Brigham, he called
Me and indicated that if anything happen with Mr. Leon Black's repre-
sentation, that he would be interested in representing the City of Miami,
if you would pass a motion expressing your will that he be negotiated
with and I'll begin the process of negotA.at,ing with him and I'll have a
formalized contract at the first. meeting in September. In the meantime,
I have indicated to him th.i .we: would expert him to begin working.
Mr. Plummer: You know not being facetious at all George, ...Mr. Knox,
not being facetious, but the one who is so adamant: about this is Mr.
Danny Paul, why wouldn't 1;c_ Ic, good man to represent the City?...
he's the ono that :i s sc, ~unt-idcnt that we can win.
Mr. Knox: As the Maur often says and as I think you often said also,
about getting the heart suffer especially to perform heart surgery
I don't know at this point anc:i Mt.. Paul, has never expressed any ex-
pertise in the area of condemrin-rtion. Now, if the Commission desires
I could talk to hi,n about it.
Mr. Plummer: Well, let me tell you he is the only man that I have
heard, who has expressed any optimism that we can rain without any
problems.
Mayor Ferre: Who .i_ s
Mr. Plummer: Danny Paul_obviously, Danny Paul is not going to
get out there :in:7 n'.akc a =t like that if he hasn't done some
research, and I'll v, , te: a,2a 1 m t ter .'body as you know. But it would
seem like to me with a mar with that kind of zeal would find it a
privilege, to f ? ri1-rt the ba tl r, cx_>t' the Cit.?. Why hasn't he been ap-
proached if noth i roc, ;:t » e T c - rr' t. h ur you Rose, you don't have to
talk on the record just talk laud: enough
Mrs. Gordon: Be has
would represent the
Mr. Plummer: Well, thats
don't believe that he
either would George Knox.
Mayor Ferre: Its clearly on the x.°c.cord, so there is no misunderstanding
as far as I am concurii 3 there is no way that we can accept... at
• least I can't vote for ar4..!suininq of a previous resolution as some-
thing that we've decided was .right for the people of Miami and if thats
what required by Mr Leon 1). Black,... so lets hold off for
a little while.
CLAIM SETTLEt E1°IT
Mayor Ferre: Whats the
Mr, Knox: Mr. Mayor, we have two reso1utionls for settlement of cases
where the parties who are suppose-: to receive these settlement are about
to leave the county and the alternative is that if we wait until
September, they' 11 be out of iown and they'll refer the matter to their
attorneys which will of course increase the fee,
Mayor Ferre: How much is involved... $1,000.
Mr, Knox; One is $1,178.00, and the other one is $2, 447 and 0 Q iP
$2, 322.00.
Mayor Ferre: The ones that 1 have are both the same.
MINP
MEM
11101
AUG 2 1977
me
some
IMRE
mr-
Mr. Knox: No one is husband and one is wife.
Mayor Ferre: Edward Di_Vietra and Josephine Alvarez 3a th City of
Miami. Is that right?
Mr. Knox: Yes sir.
Mayor Ferre:
Alright, who moves
Mr. Reboso: I move it.
Mayor Ferre: Alright, Mr. Reboso roves,. Father Gibson seconds, has
the City Atto--ney's recommendation, further discussion? Call the roll.
The following resolution was introduced by Commissioner Reboso,
who moved its adoption:
RESOLUTION NO. 77-679
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO EDWARD di. VIETRO, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $2,447.00
IN FULL AND COMPLETE. SE1TLEMENT OF ALL BODILY
INJURY CLAIMS :AND DEMANDS AGAINST THE CITY. OF
MIAMI, UPON THE EXECU`.C1.ON OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS AND
PAY TO rum S . GLASS15AN , D.O. , WITHOUT THE ADMISSION
OF LIABILITY, THE SUM C)F $1,053.00 IN FULL AND COM-
PLETE £ ET I,:S. IENT o1` MEDICAL EXPENSE, CONCERNING EDWARD
di VlETRU.
(Here follows 1J(i t f 'resolution, omitted here and on
file in Lhe 0 i f i. i
Of the City Clerk.)
Upon being s ;wc sled by u' . c -Mayor Gibson,
passed and adopted by the following vote:
AYES:
Co:t aissioner Manbio Reboso
Vice -Mayo TheodoreGiusori •
Commissioner- Rose Gordon
Commissioner 3' L. Ilununwar:,
Mayor Maurice A.- re •
NOES: None.
OSEtINE
the resolution was
Mayor Ferre: Alright, Reboso moves for Alvarez, Gibson seconds.
further discussion? Call the roll.
The following resolution was introduced by Commissioner Reboso,
who moved its adoption.
RESOLUTION NO. 77-- 68 0
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY To JOSEPIIINE ALVAREZ, WITHOUT
THE ADMISSION OF LIAI_?ILITY, THE SLIM OF $2, 322.00,
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
-INJURY CLAIMS AND DEMANDS AGAINST THE CITY OF
•MIAMI, UPON THE EXEf'UTION OF A RELEASE, RELEASING
THE CITY 0i MIAMI FROM ALL CLAIMS AND DEMANDS AND
FAY TO PAUL S . GLASSMAN, D.O., WITHOUT THE ADMISSION
DF LIABILITY, THE SUM OF $1, 1.7S.00, IN FULL AND
COMPLETE SETTLEMENT OF MEDICAL EXPENSE, CONCERNING
JOSEPHINE ALVAR.EZ .
�.7
AUG 2 197
(Hete follows body of resolution, omitted here and Oh
file in the Office of the City Clerk.)
Upon being seconded by Vice -Mayor Gibson, the resoluti h Was
Massed 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.
9, DIRECT CITY MANAGER TO PROCEED IMMEDIATELY WITH NEGOTIATION
PROCESS - SANITATION EMPLOYEES ASSOCIATION,
Mayor Ferre: Alright, Mr. Grassie we're on the subject.. Fatter
Gibson, I think its the last subject before us.
Mr. Grassie: Were you going to make a comment Mr. Mayor?
Mayor Ferre: No I'm not going to make a comment.
somebody else make...
Mr. Plummer: About what?
Mayor Ferre: Father Gibson..
I'm waiting
for
Rev. Gibson: I'm waiting for the Manager, to tell me what he'sgoing
to do about recognizing the sanitation unit.
Mayor Ferre: That was the second purpose for this meeting, remember.
Rev. Gibson: That right...
Mr. Knox: Initially the question was as to the impact of the new
chapter 447 of the Florida Statutes which provides voluntary recognition
by an employer of a collective bargaining unit and Mr. Alvarez will
report on the legal effect of the new ordinance... new statute.
Mr. Alvarez: Commissioners, if I understand correctly Father, your
question was whether or not it was proper and legal for the Commission
to direct the City Manager, to enter into a recognition acknowledgement
with the sanitation employees.
SPEAKER UNKNOWN: What was the question?
Mr. Alvarez: That was the question... that was not the ..question...
I was trying to correct you... what was the question?
Mr. Plummer: I don't think that we've ever asked the City Attorney,
whether it was proper, we asked you for legal opinions, is it legal?
Mr. Alvarez: It is legal, however, let me point out as of a few
moments ago I have been informed by Bill Smith, that the report from
the hearing officer of PERGJ who conducted the three day hearings
to determine the unit composition,went out yesterday and the hearing
officer informs Bill Smith, that there is no need for a second R.A.
petition, so I believe the question is moot. Smitty will you
please inform the Commission of this.
Mr. Smith: Good morning, my name is"Bill Smith", Sanitation Employees
Association. My attorney is in Virginia, on army reserve duty. I
called him yesterday and informed him of what was going to take place
this morning and said that he spoke with the hearing officer and said
that there was no need for a new R.A., that the old R. A. would be
applied. I in turn., called dial Johnson, the hearing officer
about 5 O'clock yesterday evening and he told me that his report had
10
been sent out as of yesterday afternoon to all the attorneys. I also,
asked him would there be any need for a new R.A., he said no the old
A.A. Was just as good as the new R.A. and you didn't have to have a
-hew R.A. What his renort consists of and you didn't tell me but it say
that Peter Herkins, Wemsoff►and Steven Bloom from AFSC!IE should receive
these reports in a couple of days.
Mr. Plummer: If thats the case and you believe that, where are we
now?
Rev. Gibson: We want to instruct the Manager to proceed.
Mr. Plummer: Ok, lets instruct then.
Rev. Gibson: And... say what?
Mr. Plummer: Lets instruct him.
Rev. Gibson: Let me say the other thing, I believe that that lawyer
we're paying that special sum of money should also have ascertained the
facts in the case. He had enough time, he could have called. You know
I don't want anybody to come back here later on and say no... Mr. Mayor
I want to make sure everbody understands what I'm saying. We paid
a labor lawyer on the side... special... you all understand what I'm
saying?
Mr. Plummer: Very much sir.
Rev. Gibson: And I... where is he? Where is the labor lawyer?
The guy I saw dcin at that hearing. Where is he?
Mr. Mielke: Father Gibson, Mr. -Herkin, is in negotiations and
has been in one with the Labors International since last Sunday.
Rev. Gibson: Did he tell you whether or not we could proceed?
Mr. Mielke: He spoke with Mr. Alvarez, Mr. Alvarez was in contact
with Mr.Herkin.
Rev. Gibson: So then Mr. Alvarez, is right that we could proceed.
Mr. Mielke: I don't quarrel with what Mr. Alvarez has said.
Rev. Gibson: I didn't ask you if you quarrel, I want to know. You
know I see all the game playing around here just bothers me... can
Mr. Grassie proceed legally? Is that what you're telling me?
Mr. Mielke: I'm not giving you a legal opinion.
Rev. Gibson: I'm asking... you asked the lawyer... you know what I'm
•saying to the City, we payed for special counseling... Mr. Mayor,
we got to worry about how we spend the public's money. Alright, I
- move you sir that the Manager be instructed to proceed A -Pronto
immediately with the negotiation. Thats a motion.
Mr. Plummer: If its legal I don't see anything... yea I second, the
thing is legal.
Mayor Ferre: Further discussion?
Mr. Alvarez: I would not advise the Commission to instruct the Manager
to proceed with negotiating with any group that has not been certified,
certified by PERC, as the exclusive Collective Bargaining Agents of
the employees they claim to represent.
Rev. Gibson: Mr. Alvarez, what are you telling me, didn't you tell...
you see, let me tell this Commission what I hear. When we leave...
let me back up a little, give a little back ground...you know we're
going to make up a budget, then we're going to start dealing with these
figures and cutting off and cutting down, then these guys are going to
get whats left. I don't want to put them in that position, most of the
people here don't give a dam about what happens to them, the record is
clear, the record will sustain me, will prove I'm telling the truth.
A U G 2 1977
Want to make sure that thats not the case.
Mt. Alvarez: Father, isn't there any other way to achieve the same...
Rev. Gibson: I don't care, you tell me how to achieve and I want to
make sure before this meeting is over that i know how its going to be
done and it will be done. So you tell me thats what we have for you.
Mr. Alvarez: Can we proceed to identify the problem that you are Con-
cerned with, specifically.
Rev. Gibson: I want these men to be able to negotiate like everybody
else and I want the negotiation to proceed and get going before you
start cutting off and cutting to the bone. Plummer warned us when
we were closing down that incinerator of certain things and you know
nobody pays any mind... you remember that Plummer?
Mr. Plummer: I remember.
Rev. Gibson: Ok.
Mr. Plummer: I remember, but I'll
consolation to say that I told you
Rev. Gibson: Right.
Mr. Plummer: Remember that when we start...
Mr. Alvarez: Well, there is as I said legally, technically there
ought to be no negotiations with a group that has not been certified
by PER:. Now, please let me finish... now this is a prerogative
given to PERC by a state law, we have nothing to do with it. However,
as a matter of practicality and practice, presuming that the hearing
officers reports, grants sanitation as a separate unit, perhaps and
this would be a...
Rev. Gibson: Man come on with that...
Mr. Alvarez: Matter that would be up to the Manager as negotiation
could begin pending the certification, since the certification will be then
for sure coming up.
Rev. Gibson: Ok, Mr. Mayor, let me tell the Commission where I am.
Assuming at the discretion of the Manager, the Manager didn't want
these people to be a unit. So, you're going to leave it to the dis-
cretion of the Manager, like hell!
Mr. Plummer: Now, Father I'm sorry, I'm with you, but I can't let
a statement like that go, I don't think at any time that he tried to
do them in as a unit. I think what he tried to do, if I understood
correctly,.was tc let PERC do the bit.
Rev. Gibson: You remember that letter he wrote, I was there man...
Mr. Plummer: I remember.
Rev. Gibson: I was there.
Mr. Plummer: Ok.
Rev. Gibson: I was there, hell if he wasn't trying to do them in,
he wouldn't be writing that letter, he'd let PERC do it on his
own, that what I'm talking about.
Mr. Plummer: I know what you're talking about.
Rev. Gibson: Ok.
Mayor Ferre: Alright, we have a motion and a second...
Mr. Corbo: Excuse me Commissioner, Mr. Mayor, my name is "Tony Corbo",
and I'm representing Local 654 of the American Federation State County
Municipal -employ+pes. I would like to state at this time that if you
ate going to go ahead and grant the voluntary recognition to the
Sanitation Employee Association, I think that you should have vote the
same amendment of the Public Employee Relations Act to us. We can prove
it from majority status, we have a history of bargaining here, if you
ate going to do it for them I think you should also extend those rights
to us.
Rev. Gibson: Mr. Mayor, I want to speak to that. Its very interesting
you know its just like I deal with women as a part of. minority,...
you know I understand that game, I offered the motion, I got a second
and I'm going to vote on that and I want you to get yours. I have
nothing to do with that, very significant nobody else brought it up
you see, I want to deal with this... get it off the table, then all
the other things you let them fall one, two, three, four, five, six...
I want the general employees to get theirs. I want everybody around
-here to get fair equal treatment.
Mr. Corbo: °i`hats whatwe want.
Rev. Gibson: You Know, Mr. Mayor I call the question.
Mayor Ferro: Father under discussion lets make it clear that everybody
has expressed their opinion.
Rev. Gibson: Well, alright.
Mayor Ferre: Is there any body else who want to say anything else
on this subject?
Mr. Grassie: Yes, Mr. Mayor.
Mayor Ferre: Alright, Mr. Grassie.
Mr. Grassie: I think that as the City Commission considers this
motion Mr. Mayor, you need to be aware of a couple of things. One,
I think t L. you just heard Mr. Smith tell you that his attorney
is advisinu him that its not necessary for you to do what you are
proposing to do now, thats not what we say, thats what they're saying
Second, he's advised you that per, which is a state agency that
governs this field has already sent to the City a letter on their
determination.
Mayor Ferre: Have we received it yet.
Mr. Grassie: I haven't, but apparently they know about it because
they called last night.
Mayor Ferre: Which says that they are being recognized.
Mr. Grassie: I don't know what it says, I haven't received it but
you know apparently they are aware of it.
Mr. Smith: No Mr. Mayor, its the hearing officer report, I don't
know whats in the report, but the law doesn't stop the City from
negotiating subject to PERC's approval and under the new Florida
Law, Chapter 447, we do qualify and its now only a matter of going
through the legal forces of it...but we don't know whats in the re-
port, all he told me was that the report was out.
Rev. Gibson: Let me put this in the record. I'm saying that we paid
lawyer, a labor lawyer... labor lawyer could have call the Manager
and told the Manager. Thats what I'm talking about.
Mr. Grassie: Commissioner, the lawyer that we pay has already advised
us several times that it is completely inadvisable and irrational
to get involved in the kind of thing that you are proposing to do.
Now their lawyer has told you the same thing.
Rev. Gibson: You fellows amuse me, you all twist the true,.. twist
facts around here to suit your own needs. You know I watch the Manager
I want everybody on this Commission to know that I have never been
so disappointed in all my life.
Mr. Grassie: Nor I Commissioner.
13
AUG 2 19:
iIeV. Gibson: Well, you kno', y.)); doi-i'L have the same thingeOhotte
that I have on you.
Mayor Ferre: Alright, alright..
Rev. Gibson: Because at least I caught YOU
Mayor Perre: Alright...
Mr. Grassie: And the third thing Mr, Mayor, that the City Attorney's
Office has just finished telling you and I think that this bears onwhat
Mr. Smith has said. Js that under the State Law we cannot be negotiat-
ing
with a unit unless it is certified. Now thats, you know thats
a fairly simple straight forward proposition. The process of certi-
fication is a state process, now we are obliged to go through that
process, we don't have an alternative. Now, you know we may not like
these things but thats a step we're at. Another thing that we tend
to forget is that the inijal velonLar :Lecognition was suggested by
this staff and was entertej ieto b'y the City Commission. The reason
we were obliged to change uin position is because 4FSCME, the group
thats represented by the attotney oho just stood up filed an unfair
labor practice against the Cite!. Now thats goino to be resolved one
of these days too, and T thin pi:etty sO0n, But k,:ou know these are
Provision of state law, its not sOmeLhing that we'd have a lot to do
with.
?UNKNOWN SPEAKER: 1 wouJd like to etarifv a couple of things. You do not
have to be certified in oc idei to onduct bargaining. We have a gentle-
men right here who's from Petlhloke Pines, wbere the employer voluntarily
recognize that partielal beroainioo unit and the'y've been in negotiation
before the formal 1P11 ordef ceme ciown, stating that a bond type
of recognition was guanted, ok, thats number one, number two, AFSCME.
will be preparea to rm..: tttuse unfaix 2ahot practice charges
in the event that we get veluntacily recognized for our old bargaining
unit. Ok.
Mayor Ferre: Let roe, see il 1 c0 :Shed 1.zome light at least for myself
as to where we are and what :this is dfl about. Basically, Father you
correct when I make 0 wrono'stateMenteMro Manager, you correct me
now if I make a wrong statemen -hre, :What we'te talking about is that
we have a group o men vA-Re: Worl. in the City of Miami, in a department,
sanitation department, whe f.6e years been tryilta to seek recog-
nition as a separate narcie:tning unit The City of Miami, has gone up
to the proper place whel:e atated its posiLion and the union
stated theirs and that decision ha-; not been made. However, as I
understand it under Florida law as ,of July 1, in Municipal Governments,
a Government can recognize a bargaining unit at any time without going
through the process of going through the state valiaation-proceedings.
Now, the administration has decided., ann T see the logic of it, that
it would prefer to bar oatn with one larger unit than to bargain
with smaller sub -units and its taking that direction. Now, what Father
Gibson, I guess and 1 think Is pointing out is that we have a special
obligation... as he puts his, I think its probably a moral. obligation
to recognize this unit because it has very special conditions. Not in
the same way perhaps as the pCi1it depart -Merit hds special conditions
or the fire department has special. eonditions, because their conditions
are due mainly to the wer,. that is peiformed in the speciality and
the needs because there J a faetor ;f people losino their lives which
sanitation does not have. However, since the sanitation department
is mainly composed of pE.ople... citizens who are black they have
special requirements... am I saying it right... eather?
Rev. Gibson: I'm Jeiatenino.
Mayor Ferre: Because theie has i-)QII a tactor over the years of at
best benign neglect, h1IU for that reason this Commission has
indicated in the past iL; prefelee to having the sanitation department
recognized as a specific haigainino unit. Now, as I understand it
we are empowered to do so... we've got the power to ic..commend the
thing I don't know is whether are not we have the power to impose this
upon the administration,.Lecdoso it basically is an administrative mattPr.
So the question is how do we word the motion so that it has a maximum
impact... I don't think that we can order the Manager or can we?
1-=
Let the ask that specific iia st.io , can this comu,ission order the
Manager, yes or no, to recognize a specific bargaining unit?
Mr. Knox: Well, even though the City Commission does not have a pet-
ition before it... now if there were a petition before it then the
Commission itself would recognize the bargaining unit and of course
then the Manager would be obliged to carry out the recognition. Now
in this case we're talking about a situation where we don't know
whether or not PERL has... how PIS has acted upon the bargaining
unit, but we have a new Iax.r which says that a municipality may voluntarily
recognize a collective bargaining unit and we have a practical consider-
ation., not a legal Conaid ration, but a practical consideration of
whether or not neeiot:i ati.ur. shawl d begin prior to the time that there is
formal certification.
Mr. Grassie: But Mr. Mal/cr, just to make the question in your mind
a I'm assuming that if the... you know the City Commission,
has already indicated; a prelerer,..e to go in the direction of a separate
unit and that my asse'snption is that as soon as we get past the legal
problems that we have with PERC , that thats the direction that we
are going, you know, so its not so much in my mind the question of
whether you have the power , ycu' ref already expressed yourself in this
regard and if thats wha.t you want to do thats fine.
Rev. Gibson: I call th :: t nestion.
Mrs. Gordon: Except that. 1'
attorney that spoke and said
certification to begin ae rot
Mr. Grassie: What t'1;;
clear... I will not a t t en,pt-
that the City A' tcnrr,i?y
saying is that in Li':t
where somebody is vi o1a4_t
you should turn to ;'<. ti`t City
thats all.
hearing conflicting testimony from the
that you don'thave to wait for the
ation and you're saying we do.
(orn tissioner, is that the law is very
.3 interpret it for you, but I assume
the law is very; clear. If what they're
ao f i.ad a case in the state of Florida
:the law, I don't disagree. I think that
Attorney and ask him what the law says
Mrs. Gordon: Answer it directly on target. Mr. Knox, are we or would
the Manager be viu ; ti rn4 the law specifically if negotiating began
before recognition by liana Thais the question.
Mr. Alvarez: It will Le violative of the letter of the law, the
letter of the law is clear -:or black and white. There must be cert-
ification.
Mrs. Gordon: Before nEsc?iJC.i:c=t:i.on: ?
Mr. Alvarez: Before i,e:•yot ioions, as a matter of practice a lot of
people do negotiate pena i ng certification, when the certification is
imminent.
Mr. Smith: Mr. Mayor.
Mr. Plummer: I'd like to say..`. you know, I got my differences
with Gene Naples, but one thing he has never done is lied.
Rev. Gibson: Right.
Mr. Plummer: Alriant, n<w all I'm saying is that according to the
July 1, law which now gives the right of a municipality to give a
preference... express its opinion... this Commission can in fact
without violating the spirit of the law or the letter of the law
what ever terminology yc;u want and we did this three, four months
ago on a our to one vote and I voted against it, to give the recog-
nition to the sanitation wcar:kern, because I at that time still felt
and still do today, that it was the City meddling in union business.
There is no ques t iot; in :;;1 a;i nd that this Commission; one, has estab-
lished that they are in fa,iur of recognizing the sanitation department.
Number two, the duly law makes it automatic and number three, the
Manager is then er1power,A to go forward and to negotiate. What spirit
of the letter are you breaking?
Mr, Grassier The certification ation process.
AUG 2 1977
•
Mrs Plummer: The certification process Mr. Grassi.e, does not Cote in
to effect where the Commission expresses its intent.
Mayor Ferre: Alright, I think...thats correct, right?
Mr. Plummer: Well, somebody told me I'm wrong.
Mr. Smith: Thats correct Mr. Mayor.
Mayor Ferre: Wait a minute, Mr. Alvarez, Mr. Knox is that correct?
Mr. Knox: Their still has to be a formal certification. Now a certi-
fication comes, hut it still has to be formalized by PE1 and further
more there are opportunities for challenges that and PER: will not
certify until the time has passed for these challenges to be entertained
Now the difference between this law and the other law is that voluntary
recognition was subject to at one time a certification by PET
after its own hearings. Now PEW will certify after voluntary re-
-cognition provided that there are no challenges
Mayor Ferre: In effect what the motion made by Father Gibson, seconded
by Plummer, is that we proceed with voluntary recognition.
Mr. Plummer: No sir.
Mrs. Gordon: No.
Mr. Plummer: No sir thats been done.
Mayor Ferre: Well what is it that...
Mrs. Gordon: Proceed with the bargaining process.
Mr. Plummer: Proceed with the bargaining.
Mayor Ferre: Oh, 7 see.
Mrs. Gordon: And my feelings are on that issue, of course I'm not
an attorney and I'm not interpreting it from the legal stand point,
I only interpreting from the practical point of view and from the
practical point of view negotiation is a talking session, its a back
and forth bargaining process and that takes time and the conclusions
which are reduced to writing and signed by both parties to what agree-
ment are arrived at, could conceivably take place some time after the
certification has arrived, but what Father Gibson wants is that the
talking process being sooner and I can't find anything that would
tell me that we were violating the law if we began talking.
Mayor Ferre: Alright, further discussion on this subject? If not,
call the roll please.
The following motion was introduced by Vice -Mayor Gibson, who
moved its adoption:
MOTION NO. 77-681
A MOTION DIRECTING THE CITY MANAGER TO PROCEED
IMMEDIATELY TO COMMENCE THE NEGOTIATION PROCESS
WITH THE SANITATION EMPLOYEES ASSOCIATION.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote: and Mayor
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso,
Ferre.
NOES; None.
ABSENT: None.
AUG 2 1977
PE
1O AUTHORIZE CITY ATTORNEY TO NEGOTIATE W I TN I NIA I VI DUALS TO ACT At S
COUNSEL ON F, E. C, CONDEMNATION.
Mayor Ferre: Now, ladies and gentlemen balk on this issue of the
attorney to represent the City of. Miami, against the E.E.C. on the
taking. Let me very quickly reiterate whets happened to us here.
In the first place we determined that we should go to John Farrell
and sign a contract with Farrell. The problem with that is that
Mr. Farrell came back and said that he wasn't in favor of quick
taking and did not want to represent the City, if we were going to
quick taking. We went to the next one on the list who is Mr. Leon
D. Black Jr., and now we have a letter before us dated August 1, which
is yesterday, which states basically that, and I'll read this into
the record because I think its the key point; ""1 had not discussed
the matter with my clients until this past weekend, the Kreidts are
not at all pleased with the prospects that our firm would be represent-
ing them in an attempt to stop a condemnation for. the River Front
Park at the same time we were representing the City and attempting
.to condemn land _ for Bicentennial Park and I can certainly under-
stand there feelings. As I told you in my letter of May 4, 1977,
we do not believe that the City needs either the Kr.eidtsor the Cox
properties for. the River Front: Park. However, if the commission
disagrees and the resolution stands I must respectfully remove myself
from further consideration, Now here's where we're at as I see it,
I certainly don't think that this Commission can reverse that re-
solution at this point. I was hoping that Mr. Black, would be able
to work around that problem since we're not proceeding on the appeal
and I did mention this to the City Attorney that. I thought that ...
I couldn't speak for the Commission, but. I thought I wag reading
properly by stating that we would not be appealing this matter
until beyond the quick taking of the }3ayfront Park, Bicentennial Park.
Now unfortunately,' tir-. Black has chosen to put i t in a rather strong
language as I guess he's an honorable man and be want to make sure
he has no conflicts on the record. 1. feel that this kind of pre-
cludes him at this point from representing the City of Miami, and
therefore I would recommend that we now go to the third attorney
who is... whats Brigham's first. name?
Mr. Knox: Toby Brigham.
Mayor Ferre: Mr. Toby Brigham, and authorize Mr. Knox, to negotiate
a suitable contract and come back to the Commission if it is in any
way different from the $275,000 that we had previously authorized.
Now, I would also like to recommend that you include in the same
motion that if that cannot be worked out with Mr. Brigham, that Mr.
Knox be authorized to start over again with Mr. Farrell, to see if
we can talk him back into representing the City of Miami.
Mrs. Gordon: I would also like us to recontact Mr. Black... I rea-
lized that if we're going to go back and talk to Mr. Farrell, that
we can go back and talk again to Mr. Black and in other words let
Mr. Knox, go hack to all three and...
Mayor Ferre: I would accept that.
Mrs. Gordon: Come back with someone for our September meeting.
Mayor Ferre: I don't think we can wait till September, Mrs. Gordon
because...
Mrs. Gordon: Ok, well then go make the decision and get an attorney
from the three.
Mayor Ferre: Well why don't we do it this way, why don't we say
that the City Commission authorizes Mr. Knox, to negotiate and con-
clude with any of these three that he can. A proper contract not to
17
AUG 2 1977
•
•
•
Upon being seconded by Vice -Mayor Gibson,
passed and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Reboso, and Mayor
NOES: Mr. Plummer.
ABSENT: None.
'4
Weed $275,000.
MIS. Gordon: A1riht, So noVe.
Mayor Ferre: Mrs. Gordon noVes.
Rev. Gibson: Second.
Mayor Ferre: Alright, Father Gibson Seconds, ftirther dismistio04
call the roll.
The following motion was introduced by Commissioner Gordon,
who moved its adoption:
MOTION NO. 77-682
A MOTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO NEGOTIATE A CONTRACT WITH ANY -OF
THE FOLLOWING INDIVIDUALS AND/OR LAW FIRMS:
1. JOHN FARRELL, ESQ.
2. LEON BLACK, ESQ.
3. TOBY BRIGliAM, ESQ.
FOR AN AMOUNT NOT TO EXCEED $275, 000 TO ACT
AS SPECIAL COUNSEL IN CONNECTION WITH THE
F.E.C. PROPERTY CONDEMNATION PROCEEDINGS.
the motion
Ferre.
was
$1
Mayor Ferre: Alright, is there anything else to come up before this
Commission?
Mr. Plummer: When is our next meeting Mr. Grassie?
Mr. Grassie: September 6th.
Mr. Plummer: For the record, Mr. Grassie I would like that you send
to me a copy of the letter which you will be sending out to the
employees on the 15th of August, those who conceivably might be
terminated... its alright if you put the Mayor's name on the head-
ing of the letter, but I would like to see a copy of that letter
that you're sending out. Have a happy vacation, see you on the
8th of September.
Mayor Ferre: Alright, this meeting stands adjourned.
ADJOURN
THERE BEING NO FURTHER BUSINESS TO cOn 1EEORE THE CITY
COMMISSION THE MEETING WAS ADJOURNED AT 9:0Z A.M.
ATTEST: r!ALPH G. ONGIE,
LITY CLERK
MATTY HIRAI
ASSISTANT LITY CLERK
18
MAURICE A. FERRE
MAYOR
CITY OF MIAMI
DOCUMENT
INDEX
MEETING DATE:
August 2, 1977
ITEM NO
1
2
3
4
5
IP
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
ACCEPTING THE BID OF EASTMAN KODAK COMPANY FOR FURNISH-
ING ONE PLANETARY MICROFILMER UNIT AND ONE MICROFILM
RETRIEVAL SYSTEM FOR THE DEPARTMENT OF THE CITY CLERK
AT A TOTAL COST OF $20,696.30
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDWARD
di VIETRO, WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $2,447.00 IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY CLAIMS AGAINST THE CITY OF MIAMI
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSEPHINE
ALVAREZ, WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $2,322.00
ALLOCATING PAYMENT OF $8200.00 TO GROVE HOUSE, INC.
COMMISSION
ACTION
R-77-678
R-77-679
R-77-680
R-77-683
RETRIEVAL
CODE NO.
0014
77-678
77-679
77-680
77-683