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HomeMy WebLinkAboutCC 1977-09-08 MinutesTY OF OF MEETING HELD ON September 8th, 1977 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK •,0 INEEX G1TY�ISSIOfi OF M1AMI, FIDR1114 SUBJECT ORDINANCE OFF KKEESOLUTION NO. PAGE NO, BRIEF REPORT: STATUS OF SISTER CITY PROGRAM. PERSONAL APPERANCE: NMS. FLOYD REGARDING POSSTM.F, BUDGET CUTS. CHANGE DATE OF SECOND REGULAR CMMISSION MEETING IN SEPTE BER; ESTABLISH DATES FOR BUDGET HEARINGS. ESTABLISH DATES FOR DEDICATION OF THREE CITY OF M77MI PARKS. NOTION OF =VT AUI'HORI Z ING CITY MANAGER TO NEGOTIATE FOR ARCHITECTURAL SERVICES CONTRACT FOR LITTLE HAVANA COMMUNITY CENTER (LATER RES. 77-725) NOTION OF INTENT AUI'HORI Z ING CITY MANAGER TO NEGOTIATE FOR ARCHITECTURAL SERVIC'FS CONTRACT FOR THE CITY'S ADMINISTRATION BLDG. (LATER RES. 77-726) PRESENTATION BY PLANNING DEPT. OF CAPITAL IMPROVfly T PRUJD'ZS AND DISCUSSION OF $1.4 MILLION SHORTFALL IN PARKS FOR PEOPLE BOND FUND. PRESENTATION BY MANAGEMENT SERVICES ON OVERVIEW OF 1977-1978 BUDGET. AUTHORIZE AMENDMENT 3VT TO AGREE MEW WITH O' LEARY-SHAFE R - REDEVELAPMENr OF DI XUE PARK. ACCEPT Orrx:ti FROM MALL TRANSPORT, INC. FOR SHUTTLE TRAM SERVICES TO NEW -WORLD OTTER-BICENI'ENNIAL PARK. AUTHORIZE EXECUTION OF AGREEMENT WITH STATE OF FLORIDA - MAINTENANCE E OF LANDSCAPING IMPROVEMENTS - I-95 EXIT RAMP AT S.E. 2ND AVENUE. GRANT EASEMENT IN EDISON PARK FOR PROPOSED PEDESTRIAN WALEMY ACROSS I-95 AT N.W. 65 STREET. ACCEPT COMPLETED WORK: OMNI PAVING PROJECT - 1976 - BID "C" - LANDSCAPING. APPROVE AMENDMENT TO SUBLEASE AGREEMENT GROVE KEY MARINA AND GROVE RESTAURANT LTD. ACCEPT COMPLETED WORK: LITTLE RIVER MINI -PARK - BUILDING DEMOLITION. ACCEPT COMPLETED D WORK: TRAIL MINI -PARK DE'.?:11V 1' - 1975 CLAIM SETTLEMENT: WI FRED0 AND OLGA DIAZ AND ATICEN.S BODY WORK. CLOSE FULLER STEL U - OCIOBER 21, 22 and 23 FOR TROPICAL PLANT FAIR IN COCONUT GROVE. APPOINTMENT OF PERSONS TO: BUDGET REVIEW COMMITTEE URGE U.S. CONFERENCE OF MAYORS AND U.S. CONFERENCE OF C.T1L TO ENDORSE LEGISLATION ENTITLED "COCIO-ECONJNIIC NATIONAL GRUATH ACT." DISCUSSION DISCUSSION M- 77-686 M- 77-687 M- 77-688 M- 77-689 M- 77-690 M- 77-691 M- 77-692 R- 77-693 R- 77-694 1-2 2=5 12 - 17 18-33 34 - 47 48 R- 77-695 49 R- 77-696 49 R- 77-697 50 R- 77-698 50 R- 77-699 51 R- 77-700 51 R- 77-701 52 R- 77-702 52 R- 77-703 53 R- 77.704 1 53 ■ ITEM NO, 21. 22. 23. ACCEPT BID: CLUB. ACCEPT BID: - PHASE I. ACCEPT BID: 1 Y1NUTES C�1tSSI[ REGUCAR C1t4 OFMIAMI, FLDRIA4 SILJECT 5-YEAR CONCESSION - CITY OF MLN4I C UNI'RY LANDSCAPE PLANTS AND SHRUBS - BAYFRONT PARR ROTARY LAWN MOWERS. 24. ACCEPT BID: 10,000 SQG7hRE YARDS OF SIDEWALK - BAYFR(OrTI' PARK - PHASE I. 25. ACCEPT BID: VIRGINIA KEY RES'IORATION PROJECT - 1977. 26. 27. 28. 29. 38. 39. 40. 41. 42. ACCEPT BID: WORK BOAT. ACCEPT BID: WORK UNIFORMS. ACCEPT BID: VIDEO EQUIYMENT. ACCEPT BID: DIVER KEY RECREATION CENTER /iIBITION HALL. AUTHORIZE REE IE T BEBER, SILVERSTEIN AND PARTNERS - ADVERI'ISLNG SERVICES BRIEF PF.RSO ZAL APPEARANM : EFNIE FANNA O. PRESENTATIONS, PLAQUES AND SPECIAL ITENLS. SECOND READING CPDLNANCE: AMEND SECTION 2-24-1 OF THE CITY CODE -INSPECTIONS AND SERVICE FEES. SECOND READING ORDLNANCE: AMaND St r'JON 2-24.2 OF CHAPTER 2 - ESTABLISH FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS. SECOND READING ORD : ANEND SECTIONS 5, 6, 7 AND 8 OF ORDINANCE 6145 - EmACT NEW SCHEDULES SECOND READING ORDLNANCE: ESTABLISH 3RD YEAR CD BLOCK GRANT — SOCIAL SERVICE PROGRAM TRUST AND AGENCY FUND ACCOUNT. SECOND READING ORDINANCE: ESTABLISH 2ND YEAR CL BLOCK GRANT — LAND ACQUISITION FOR SUBSIDIZED HOUSING - WYNW OD TRUST AND AGENCY FUND ACCOUNT. DEFER CONSIDERATION OF PROPOSED ORDINANCE DEFINING "AMUSEMENT MACHINES" - PENDING COMMIS BY POLICE DEPAPTMENT. SDCpA D READING ORDINANCE: APPROVE OFFSTREET PARKING AUTHORITY, GJSMAN HALL, OLYMPIA BUILDING EXPENDITURES FOR FISCAL 1977-78 BUDGET. ORDERING RESOLUTION: S.W. 22ND. STREET - HIGHTerc Y IMPROVEMENT PHASE III - H-4 418 . CONFIRMING ASSESMERT ROLL - TRIAL VIEW HIGHWAY IMPROVEMENT - H-4366. PUBLIC i EARINS : OBJECTIONS TO COMPLETED WORK - NO, RAYSHORE DRIVE, SANITARY S m v r SR-5383 C & S. R- 77-705 R- 77-706 R- 77-707 R- 77 708 R- 77-709 R- 77-710 R- 77-711 R- 77-712 R- 77-713 R- 77-714 DISCUSSION PRESaNTATICNS Ord. 8686 Ord. 8687 Ord. 8688 Ord. 8689 Ord. 8690 DES Ord. 8691 R- 77-715 R- 77-716 R- 77-717 PAGE NO, 54 54 55 55 56 56 57 57 58 - 59 59 60 61 61 62 62 63 63 64 64 65 65 66 ITEM NO. 43. 44. 45. 46. 47. 48. 49. 50. 51. IMB AlgiSSCFICIE18FULtEARIT SUBJECT APPROVE APPROPRIATIONS FOR DEPARTMENT OF OFF-STREET PARKING FOR FISCAL 1977-78. FIRST READING ORDINANCE: APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEM ER 30, 1978. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF CITY FOR PURPOSES OF TAXATION; FIXING MILEAGE AND LEVYING TAXES FOR FISCAL ENDING SEPTEMBER 30, 1978. SECOND READING ORDINANCE: AMEND CHAPTER 39 OF THE CODE TO PERMIT CONDUCTING OF RECEPTION OR SOCIAL GATHERING AT ORANGE BOWL STADIUM BY USER, EACH CALENDAR YEAR. AMEND ORDINANCE NO. 8589, SECTION 1 - PROVIDE FOR CONTRIBUTION OF $85,000 FOR IMPROVEMENTS TO OLYMPIA BUILDING. AMEND ORDINANCE NO. 8589, SECTION 1 AND 4, OPERATING DEFICIT AT DALLAS PARK APARTN>FNIS (DEFERRED AFTER DISCUSSION). FIRST READING ORDINANCE: AMEND ORDLNANCE 8589, SECTION 1 - APPROPRIATE $676,000 FOR WORKMEN'S COMPENSATION BENEFITS. FIRST READIM ORDINANCE: AMEND ORDINANCE NO. 8589, SrJ.:riON 1, - PROVIDE CONTRIBUTION TO GUSMAN AND CLYMPIA EIDGS. TO COVER OPERATING DEFICIT. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 8589, 6a:1:IONS 1 AND 4 - DECREASE ANTICIPATED SALARY SAVINGS. FIRST READING ORDINANCE: AMEND ORDINANCE 8589, Six.rlON 1, INCREASE DEPAR'II,L APPROPRIATIONS TO PROVIDE FUNDS FOR: OVERTIME, HOLIDAYS, SHIFT DIFFERENTIAL & SEVERANCE PAY. 53. FIRST READING ORDINANCE: AMEND CITY CODE, CHAPTER 64, ENVIRONMENTAL PRESERVATION, TRANSFERRING JURISDICTION FROM THE BUILDING DEPARDINT TO THE PLANNING DEPARTMENT. T. 54. FIRST READING ORDINANCE: AMEND CITY CODE, CHAPTER 64, ENVIROMY ,L PRESERVATION, PROVIDING FOR A 7-MEMBER BOARD. 55. FIRST READING ORDINANCE: ESTABLISH 3RD YEAR CID BLOCK GRANT PROGRAM TRUST AND AGENCY FUND ACCOUNT. 56. FIRST READING ORDINANCE: AMEND RULE XIX, SECTION 2 AND 3, CIVIL, SERVICE RULES -EMPLOYERS OF FIRE FIGHTERS BARGUNIM UNIT WILL ACCRUE VACATION AND SICK LEAVE. 57. RE-ESTABLISH CITY OF MIANII MEMORIAL CX'NIITIEE. 58. AUTHORIZE AGREEMENT BIG-5 ROWING CLUB FOR FACILITY AT WINE STADIUM. 59, DEFERRAL OF CONSIDERATION OF EMPLOYMENT OF FIRM FOR SECURITIES AND MANAGEMENTT EVALUATION FOR RETIREMENT SYSTEM. M- 77-718 First Reading First Reading Ord. 8692 Ord. 8693 DISCUSSION First Reading First Reading First Reading First Reading First Reading First Reading First Reading First Reading R- 77-719 R- 77-720 DEFE RAL 66 - 67 67 - 69 71 73 73 74 74 75 75 76 76 77 78 78 .-79 79-81 IFfiMr- ITEM NO. 11111 60. 62. ■63. 64. • HEY.: CIiYtSSi(iJ 0F hffA"11, FLORIII4 SUBJECT AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH FRATES, FLOYD, PEARSON, STEVA,RT, RICHMOND AND GREER FOR EMINENT DOMAIN ACTION - F.E.C. PROPERTY. 61. ACCEPT BID: FIRE PUMPERS. PERSONAL APPEARANCE: MEMBERS OF G.E.A. REQUESTING COST OF LIVING INCREASE. PERSONAL APPEARANCE: MEMBERS OF A.F.S.C.M.E. TO DISCUSS COLLECTIVE BARGAINING PROCESS. CONFIRMING RESOLUTION: AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT FOR ARCIiITECIURAL SERVICES - LITTLE HAVANA COMMUNITY CENTM. CONFIRMING RESOLUTION: AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT FOR ARCHITDOIURAL SERVICES - CITY' S ADMINISTRATION BUILDING. CONFIRMING RESOLUTION: CHANGE DATE OF RDOVLrAR MEETING TO SEPTER 23, 1977. MOTION OF INTENT - MEMBERS OF CITY COMMISSION TO ATTEND CONFERENCE IN LAEE TAHOE, ON RETIREMENT. 68. MOTION OF fl7IaQT - CHAIR PERSONS AND EMPLOYEE MEMBERS OF RETIREMENT BOARDS TO ATTEND CONFERENCE IN LAKE TAHOE, ON "RETIIREM NT. " 69. MOTION OF INTP.Nr - POLICY OF CITY COMMISSION ISSION REGARDING EMPLOYEE MEMBERS OF RETIREMENT BOARDS A'TTf''` DI G CONFERENCE IN LAKE TAHOE. 70. BRIEF DISCUSSION ITEM: PROPOSAL BY MAYOR FERRE TO AMEND LANGUAGE OF PROPOSED BOND QUESTION ON THE NOVEMBER BALLOT REGARDING $15 MILLION ORANGE BOWL IMPROVEMENTS. 71. BRIEF DISCUSSION ITEM: COMMISSIONER GORDON ON BOARD OF REALTORS' POSITION ON PUBLIC UTILITIES INCREASES. R- 77-721 R- 77-722 R- 77-723 R- 77-724 DISCUSSION DISCUSSION R- 77-725 R- 77-726 R- 77-727 M- 77-728 M- 77-729 M- 77-730 DISCUSSION DISCUSSION PAGE N0, 81-85 85 86 - 92 92 - 94 100 - 103 • MINUTES DE REGULAR MEETING or THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON THE 3TH DAY OF SEPTEMBER, 1977, THE CITY COMMISSION OF MIAMI, LOR DA MET AT ITS REGULAR MEETING PLACE IN THE CITY ALL, 3500 FAN AMERICAN DRIVE, MIAMI, LORIDA IN REGULAR SESSION, T-E MEETING WAS CALLED TO ORDER AT 9:10 O'CLOCK A.M. BY MAYOR '1AURICE A. t'ERRE WITH THE FOLLOWING MEMBERS OE THE COMMISSION FOUND TO BE PRESENT: - CommJ44ionen Manoto Reboso Comm.L44.ionen J. L. Ptummen, Jn. Comm.i44.ionen Ro4e Gordon Vice -Mayon Theodore G.ib4on Mayon Maurice A. Fenne PRESENT: Jo4eph R. Gta44 e, City Manager R. L. Fo4moen, A44.i4,tan.t City Manager George F. Knox, City Attorney Ra.eph G. Ongie, City Ctenh Mat.ty H.inai, A44i4tan.t City C!enfh An invoeati.cn was detive-ted by Reverend Gibson who then ed tho4 e pnes ent in a p.iedg e o 5 a.eLeg.ianee to .the leag . A motion to waive .the nead.ing o S .the minutes wa4 .in.nodueed and seconded and was pa44 ed unan Lmou4ty. BRIEF REPORT: STATUS OF SISTER CITY PROGRAM. Mr. Plumber: Mr. Mayor, may I take one marent of your time and the Commission? Mr. Mayor, there have been as you know a great deal of activity in the Sister City Program, between the two Sister Cities of Miami Bogata and Miami Calie, and when such activity is generated in great anoints, it makes same people a little maybe jealous or not happy, but to dispel any rumors that might be circulating I would like to present to you sir, in which the City of Miami, has forwarded to the Sister City of Calie, fifty police cars, a facsimilie check for $43,731.50. There are those who feel that these cars were given away and I want you to know Mr. Mayor, that the people of Calie very grateful for what has transpired and we are trying to set up as other Cities have set up in the past , a direct line of when cars are taken out of service, that they can be shipped to these Sister Cities and they are paying for then. So I want to proffer to you this facsimilie check, which the originl has already been forwarded to the finance department, in case anybody wants to know. Mayor Ferre: Alright, anything else? 2. PERSONAL APPERANCE: MRS, FLOYD REGARDING POSSIBLE BUDGET CUTS, Mayor Ferre: Alright, now we are on the regular agenda. Mrs. Evelyn Floyd, is here, she is a citizen who lives in Baypoint. Mrs. Floyd, we have agendas and unfortunately a lot of people cane and they have to go to hospitals like you to see your husband. Our problem is that when we start making exceptions, if we make • dieQt have to make a hued. MOW, t feel bad about this and if you ptdftite hot tO speak for much more, how long do you have.to speak? Alright, We'll give you tWO,Minutes andI want to say before hand, in case somebody else stands up► I Will not permit anyother exceptions, I sorry I don't mean to be rude about it, vie do have an agenda, there is no way you can run an orderly meeting if you start making exceptions. This county would be in sad trouble if every time we made a law after somebody said yes, but I can't live up to that law, because I'm an exception and then we get into all these... Mrs. Floyd: Mayor, I respect you and I respect your situation, but Mr. Floyd as been in the hospital for nineteen days and I feel this is a very serious thing. I live in the highest crime rate and have been there 33 years in Baypoint. We have good police service up there, I'm working on the third generation of policeman for the City of Miami, through my office and the states attorney's office. I have resigned the 1st of July. I want to say we don't need to cut policeman, my god lets put same more on. I can remember the day when I when down 8th street in a wagon to an orange grove to work with my grandmother. Lets cut out some of the big fringes that we've got and give us sae more policeman, we've good policeman, sure you're going to get a bad apple in every barrel, but as a hole we've got good policeman, we need more policeman, we don't need to cut off any more policeman at all, so please, since 1896, my family has been paying taxes and I'm living in the same house in Baypoint, 33 years. I pay high City taxes, but we can cut off sare , we can cut off sane Shrubbery being planted and all, and lets don't for god sake cut off our policeman, we need them, I know and I thank you very much, sorry I had to interfere with your agenda, I know protocol but please, for my sake and for everbody's sake on Biscayne Boulevard, from 36 street up to 82nd street, don't cut off the policeman, put on more. Thank you. 3, CHANGE DATE OF SECOND REGULAR COMMISSION MEETING IN SEPTEMBER; ESTABLISH DATES FOR BUDGET HEARINGS, Mayor Ferre: Well why don't we just face that issue now, we have a religious holiday as I recall, when is Yam Kippur? Mrs. Gordon: The normal Commission date. Mayor Farre: On the 22nd. So and now the problem was,... where is charlie Crtim pton? He wanted to change it to the 23rd, what was the reason for that? Was it the 20th?... we've got the OAS thing for that. Mr. Grassie: Yes Mr. Mayor, the City Commission is the host for a meeting in Washington of the OAS Nations on the 20th. Mayor Ferre: Are we picking up the tab? Mr. Grassie: I don't know that we have any significant cost involved in it. Mayor Ferre: Thats part of the budget. Alright. Mr. Plummer: You know Mr. Grassie, it seems a little strange to me that we're the host and we're finding out about it after everything is finished. Rt. Grassie: Well this has been in process as I understand it for... Mr. Plummer: You know I said before, I had no objections to the changing of the dates. Mayor Ferre: Let me in defense of Evelio Ley, who was... Mr. Plummer: Not defense. Mayor Ferre: Yea, it is a defense, because, let me explain that this Commission was told way in the beginning that there was going to be such an event and the question was when, now unfortunately the person who sets that is the Secretary General of the OAS, who is a little bit busier than we are and the Secretary General of the OAS, chose the day of the 20th and thats the only day he said he could do it, Now, I questioned the importance of all of this, but as I understand it all of the Ambassadors are going to be there and we've invited some of the potential purchasing Em EmmaMEM • • Mr. Cr a ton: The presidents of sore of thetmajbr departmnt stores thtoughout the nation. Mayor Ferre: Yea, and we're trying to get a surprise from the White House President too, so its obviously an important thing. Mr. Crunpton: And as far as the official notification, I don't know what has happened, we're checking this OAS to find out. They had mailed all the invitations and everyone should have received then a week or so ago. Mayor Ferre: Well, today is the eighth day of September and the 20th, is twelve days from now and I would just, you know... I hope that we're not going to go there and have a reception where we're all looking at each other, cause we can do that around here and with all do respect to the Secretary General, I've got no problems with the Secretary. He's a wonderful man and he's doing a great job. But I mean we are making an effort on this and I hope that its all shaping up Charlie, otherwise,... ok, your recommendation is that we go from the 20th to the 23rd, now the Commission has been told and nobody seems to have any objections to that, so without any further discussion then, unless I hear an objection and... Mr. Plummer: I'll make a motion that we change the Commission Meeting of September 20th to the 23rd. Mayor Ferre: We have a motion, is there a second to the change of date? Seconded by Father Gibson, further discussion on the change from the 20th to the 23rd? Call the roll. The preceding motion introduced by Commissioner Plummer and seconded by Vice-layor Gibson, was passed and adopted by a unanimous vote of the Commission. Mr. Plummer: Mr. Mayor, Mrs. Gordon and I will be out of town on the 27th of OctnhPr. Mayor Ferre: Of September you... oh, October. Mr. Plummer: No its October. Mayor Ferre: Oh, I see. Mr. Plummer: Rose, when does that start? Thursday. Mrs. Gordon: It starts on Thursday, yea. Mr. Plummer: So,... Mayor Ferre: Well, what is this, the... Mrs. Gordon: League of Cities. Mr. Plug: Florida League of Cities, their convention. Mrs. Gordon: And J. L. is a first Vice -President and representing the City as designee for the League. Mayor Ferre: So, when do you want to hold it? Zr. Plummer: Well, Mr. Mayor, the only thing that I can suggest is to move it to the 26th . Mayor Ferre: I've got no objections to that, anybody have any objections to that? Mrs. Gordon: Rev. Gibson: October 26th. your Mr. Plummer: If no objections I'll make a motion that the meeting of OctOher 27th, be moved up one day to the 26th. SEP 8 1977i • 1 the foilcWing riiotiotL.was introduced tty Commissi net Plttftdr Med £t. jai: MCCION NO. 77-685 A M MON CHANGING THE DAZE OF THE CITY COMMISSION MEETING OF CCIOBER 27 TO OCIOBER 26, 1977. Upon being seeded by Vico-Mayor Gibson, the tonti011 was passed and adoption by the following vote- ;: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice-MSayor Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: Mayor Terre: While we're on it, in checking with our calendars we need to set dates a l Qn for budget hearings and we better start thinking ing about these dates, now as I understand Mr. Grassie, the way that we're going to do this is, the administration, the departments the way we vote on ',hem, the departrent heads are going to present there petitions. Is that cam^ ec ? Mt. Grassie: We had hoped Mr. Mayor, as part of the budget review process `.m suggest to you a calendar for reetings with ail of the departments. h'hat we would ar like for department heads to do, is to explain the affect of their budget recuctions and to be av?41?hle to you to answer all westions. Mayor Ferre: Alright, let mac repeat now the dates, so that we all have it clear. The first budget hearing will be at 8:30 on the 15th day of Septet and it would last through mid day, the second -neetfng will be a saturday meeting at 10 a.m., we will hold that one at the auditorium at Bayfront Park and the last hearing will be on the 26th day starting at 7 O'clock Mts. Gordon: Now, that takes care of all different time for different people and it should, works out even better really. Mayor Ferre. That last meeting will be held here, is that correct? Mr. Plummer: I offer that in a motion. Mayor Ferre: Shall we hold it at the auditorium? Mrs. Gordon: I don't think you need to. The last one? Mayor Ferre: Alright, it will be held here. Alright, there is a motion and a send for those dates, is there any discussion? The dates are the morning of the 15th, 8:30 a.m., the satur'..ay of the 24th, starting at 10 a.m. and monday the 26th, starting at seven pan., so there is a morning meeting, a saturday meeting, and a evening meeting. There is emotion and a second, further discussion on those dates? Call the roll please. i 0 The following motion was introduced by Commissioner Plummer, who ffiotled it.§ ara'ton: NbTION NO. 77-686 A MOTION FSTAHLISHI2n THE roLLa IG DATES AND PLACES FOR THE FORTHCOMING SPECIAL CITY COMMISSION MEETINGS TO CONSIDER ADOPTION OF THE 1977-78 CITY OF MIAMI APPROPRIATIONS ORDINANCE: THURSDAY, SEPTEMBER 15, 1977 - 8:30 AM TO NOON - CITY HALL SATURDAY , SEP EMBER 24, 1977 - 9 : 00 AM TO 5 : 00 PM - BAYF RONT PARK NAY, SEPTE BER 26, 1977 - 7:00 PM --- - CITY HALL Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: Nome. ESTABLISH DATES FOR DEDICATION OF THREE CITY OF MIAMI PARKS, Mayor Ferre: Now, we're back to item A, deciding when Merningside, Walker and' Domino Park are being inaugurated. Mr. Plummer: Mr. Mayor, I would at the point of being criticized, suggest that we put it over to October, our September agenda is kind of full. Mayor Ferre: I think thats a wise recommendation and I think it should be done in October, so here what I'd like to do then,— Rose, Father excuse the interruption but we need to set the dates for Morningside, walker and Domino Park, we've got three meetings in October, the first one is on the 13th, the second is on the 20th and the last one is on the 26th. The October meetings as of now, are the 13th, which is a thursday, the 20th with is a thursday and the 26th with is a wednesday, because you've got to go off to some meeting. Alright, now I would like to recommend that we take Morningside Park the first day which is the 13th, Paul Walker Park the second day which is the 20th and Domino Park the third day which is the 27th, alright? Mr. Plummer: 26. Mayor Ferre: I'm sorry the 26th. Mr. Plummer: Fine. Mayor Ferre:. Alright, is that exceptable to everybody now, I mean we're meeting anyway and whether we do it in the... you figure out whether its at lunch time or in the evening or you know, you figure it out, where its going to be. Mrs. Gordon: Preference is not to do it in the evening, because we've had a pretty heavy day. Mayor Ferre: I would prefer to do it at lunch time and that gives us a break to get out here and get sate fresh air and all that. Mrs. Gordon: Yea, right, exactly. Mayor Ferre: Arid if we're going to have sandwiches you can have then there at Merninvide Park or right now. The second point I'd like to make, is that exceptable to ev+=r body? Mrs. Gordon: Lunch time, yes. Mayor Ferre: Is there a motion to that affect? Mt. Plummer: Fine, I now. Mayor Ferret Plummer Moves. Mrs. Gordon: Second. Mayor Ferre: Gordon seconds, further discussion on those dates for the inauguration? Call the roll. The following motion was introduced by Commissioner Plumrer, who moved its adoption: MOTION NO. 77-687 A MOTION ESTABLISHING THE DATES FOR DDCICATION OF THE FOLLOWING PARKS AS FOLLOWS: MORNINGSIDE PARK - OCTOBER 13, 1977 PAUL S. WALKER - OC OBER 20, 1977 (Mini -Park) DOMINO PARK - OC OBER 26, 1977 Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now, ladies and gentlemen, you may have read in the news papers that the County Commission, did not want to name the Allapattah Community Center, for General Maceo, who of course was the black cuban hero of the war of independence and I think that they probably acted within certain wisdom, because of the multi- ethnic aspects of the community, now I'd like to say that Domino Park is a meaningless name because thats something they cropped out because they play dominoes there, but I am quite certain that a 100% of the usage of that park is cuban, that doesn't moan that that is not also a multi -ethnic community, but that seers to be a park where perhaps a name like Maceo, would be appropriate and I would like to recommend to this Commission, that we name Domino Park as Maceo Park. Now let rre, for those of you that don't know, Maceo was the military patriot who led the war of independence in tuba, he was black, he was a black man and he of course is a man that was very revered by cubans of all size, so he was not a political type, he was a patriot of cuba and as I said the park is mostly use by, its a 100% used by cubans, the times I've been there I've never seen anybody but the people playing dominoes. The motion has been made by Reboso and seconded by Gibson, of which I think is most appropriate and I therefore, ... call the question? The following motion was introduced by Commissioner Reboso, who roved its adoption: MOTION NO. 77-688 Amami DECLARING THE INTENT OF THE CITY COMMISSION TO RE -NAME DOMINO PARK IN HONOR OF THE CUBAN MAFrTYR "ANItONIO MAC EO. " Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Vice -Mayor Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre LAC ES; None. MOTION OF INTENT AUTHORIZING CITY MANAGER TO NEGOTIATE FOR ARCHITECTURAL SERVICES CONTRACT FOR LITTLE HAVAfrA CO' JT4I1Y MITER (LATER KEs,77-725) Mayor Ferre: Now, we are on item number B, Mr. Manager. Mt. Grassie: Mr. Mayor, this item has to do with the selection of an architect for the Little Havana Community Center Proiect, you know thats a new construction now and I will ask Mr. Joe Parades, who is the chairman of the-screeninc_ committee to speak to this item. Mr. Parade: As you can :cc in your memorandum pursuing to motion 77-669, we provided letters of proposals or request for proposals in a number of local papers and additionally we advertised in... we requested information from local architectual firms. 33 firms responded to our criteria and after that we established a selection review committee, composed of five staff members. ers. Of the 33 firms five were in- vited to make all presentations and out of this five the three finalist were provided to the City Commission. The staff recommendation was that the firm of Bouterse, Perez And Fabregas, and that you would allow the City Manager, to negotiate with this firm and the ranking its in your memorandum. Mayor Ferre: Alright, how do you want to go through this process?... the same way we always do it, write it on a piece of paper. Mrs. Gordon: I'd like to ask a question, with regards to the material that was given to us. I didn't find in my packet, maybe somebody else did, something about these firms, all of which to me are new. I only found in my packet criterion that you use to make your determination, could you tell me if there was something missing from my packet? Mr. Plummer: In the supplemental there is criteria on all of them. Oh I'm sorry, wait a minute Rose, I stand corrected, you're talking about the Little Havana? Mrs. Gordon: Right, yea. Mr. Plummer: Ok . Mrs. Gordon: The other one had a considerable amount of back up and introductory material to the firms, but not anything on the Little Havana. Mayor Ferre: Are the architects here !r. Parades. Are the architectual firms... Mr. Parade: Yes sir, they are. Mayor Ferre: Would they, would you introduce them please. Mr. Parade: Yes of course. This is Mr. David Perez, from Bouterse, Perez and Fabregas. Mayor Ferre:.Is Mr. Perez here? Mr. Parade: Yes Mr. Mayor. Mayor Ferre: Alright Mr. Parades. Alright, the next firm is SKBB Incorporated, is there a representative here? Mrs. Gordon: Now the three selected by the Committee were, did not include the one you just mentioned. Mayor Ferre: Well, oh I'm sorry. Is Mr. Lee Ramos here or anybody representing that fine, nobody here for the second? Is Mr. Russell, Martinez & Holt, here on the third firm? Alright, thank you. Alright, Bose you want to... Mrs. Gordon: How many firms are here then of the three, one? Mayor Ferre: ' T woo . Its. Gordon: See I would have preferred receiving it and having the Opportunity to and analyze it because its the kind of information that I received _from the other. <. t 7 P 8 -1977, t'n hot trying to hold this selection frtm being made, I just trying to say that for future information the procedure that you took on second set was much froze satisfactory for me. • Mayor Ferre: I think as a matter of standard operating record Mtr. Manager, if you expect this Commission to make decisions I really think you have to give us full information and in the future I think all architectual firms recommended should have the same treatment, anything over a hundred thousand dollars should have that kind of... Ins. Grassie: I agree Mr. Mayor, if you find the process that we followed in the next selection to be satisfactory then we will use that as a standard format and we will give you that kind of information on all of the architectual selections. Mrs. Gordon: Yea, I rP_Ally want to compliment you on the other one that you sent us yesterday, very complete and even if you didn't know who they were you could look -at this and know how they made their decision, its very well done. Mayor Ferre: Well, Rose I think the first part of it is here the selection process is very carefully described and I congratulate you on the thoroughness of it. I think what Mrs. Gordon is saying and I completely agree with her, its the second part thats missing is that how did you arrive at your conclusion. Mrs. Cordon: How will these apply to the various... Mr. Grassie: Now the question of the ranking of the individual firms based on the criteria thats outlined. Mrs. Gordon: Right. Mr. Grassie: I understand that thats what missing. Mayor Ferre: See because you very carefully described the qualifications that you want, that they have to have experience with the City Projects, that they have familiarity with Little Havana, who the engineering consultants are, the affirmative action aspects of it, the design experience, the organizational professional staff which has a rating of twenty, exarr les of designs indicating creativity and sensitivity and all that kind of stuff, so you know we knew how you arrived at it what we don't know is how you applied that criteria to the particular fire you recommended. Mr. Grassie: Its a very valid point, we'll make sure that we do include a summary of that in the future Mr. Mayor, if you wish Mr. Parades, can comment about... Mayor Ferre: Well, I'd like to know what the difference between your first recommended and your second, I mean in the pointing system that you use, is it close? Mr. Parade: What we did after the selection procedures, that all the members of the Committee rank the firms numerically 1-5 and the firm of Bouterese, Perez and Fabregas, came in with the lowest ranking being the closest to number one and subsequently down the line. Mayor Ferre: Well, thats basically I guess, first of all who is the ranking Committee? Who was on the Committee to select? Mr. Parades: The ranking Committee Was Dena Spillman, Assistant Director of Planning for Community Development, Morris Kaufman, Special Assistant for Construction Management, Sonia Lama, City Architect, Art Ross, Dade County HUD Architect and myself. Mayor Terre: Ok, I know its here but I want to put it on record Mr. Manager. Alright, now you want to tell us whether your ranking number one, was substantially over your ranking of number two or was it very close? Thats basically... Mr. Parades- If I recall the number one firm was far ahead of the others. Mayor Terre: Yea, I understand. Mr. Parades: Yes they were. Mayor Ferre: My question to you sir is were the.,, they might not want to reveal the point because that might be embarrassing to the other people, I don't know, I personally don't care to know the specific points, if Plummer does thats alright with me, but what I'd like to ]mow is were one and two close or was there a S E P 8 1977 stantiai difference between one and two? M Parades: There was some difference. Mayor Ferre: There was same difference. Mr. Parades: Yes sir, there were. Mayor Ferre: So in other words you have a third mice of t-dread Peet aMM Fabregas. Ft. Parades: Yes sir. Mr. planner: No thats their first choice. Mayor Ferre: Mats what I'm saying. Mr. Parades: Yes sir. - - Mayor Ferre: Sshat I'm saying J. L., is was it a tight race, because if it was well I think we ought to know more about these two firms. Mrs. Gordon: I'm also curious about what illiminated the other two from the five and you know. Mr. Parades: They were far ahead of the other four naminals. Mr. Plummer: Well yea, but Joe, if you're going to go through the problem of setting up a score hoard I think we ought to know what the score is. Now you did it in the other one and the next one we know what the score is because its rated and I think if you're going to go through this extensive process, which I happen to o ncur with, then I think we ought to know what the score is. Mayor Ferre: Alright, lets move on then, whats the will of this Commission J. L.? Mr. Plumper: Well Mr. Mayor, you know, I would like to know if the representative of the first firm is here, I'd like to know what have they done. Mayor Ferre: Alright, Mr. Parades, If you'd came back. Mr. Perez: You want to know what type of... Mr. Plummer: Bow long have you been in business? mere is your firm? Flow many people do you employ? and what are same of the major projects that you've done? Nr•Perez: Ok, we have been -in business of our own for nine years, we reorganized two years ago, we have in a staff an average of 10... 1rhyor Ferre: I can't hear you, a staff of how many? Mr. 'Perez:• We have in a staff an average of 10 for architectual part only, mroung the buildings that we had been responsible for individually or association with others, I can count the City of Miami Beach, City Ball... Mayor Ferre:_ Oh, you did the City Hall Mr. Perez: Yes sir, the Estate of Florida Original Service Center, which is in association with other firm. We have done in association with an other firm, the police head quarter for the City of Miami, we had done... right now in the association with another firm in charge of a Newport House for Beroward County, which is a $25,000,000. Mayor Ferre: Is that a job you're doing now? !t. Perez: This job is now waiting for funding, this particular one. Mayor Ferre: Let me ask you this because this is Federal Public Funds, you know that under the law we have to be snider construction within ninety days, is that Sight on this job? W. Perez: Correct. '!r. Grassie: No sir this is the Little Havana Center which is City funded. -- 9 S E P 8 1977. Maybt 'e a Oh, t m sorry, so these ate Cp FUndings, so we don't belie the tilffle eessure an..., ok. Mrs. Gordon: What is the amount of dollars that you anticipate this job will cost? too you have that kind of information yet? Mr. Grassie: It has to came in under $900,000, Commissioner. Mrs. Gordon: Ok. Mr. Grassie: Including the fees arid... Mr. Plummer: The deeds are usually about 10%. Mrs. Gordon: In other words there is $900,000 available, Mr. Grassie, there $900,000 available or close to it. Mr. Grassie: That is correct. Mrs. Gordon: For this job. Mr. Grassie: That is correct Commissioner. Mayor Ferre: Is that reasonable in your opinion Mr. Perez, for that have been placed on here. Mr. Perez: It is, yes. Mayor Ferre: Alright, any other questions? Mr. Plummer: Is Ramos, representative here? Mr. Grassie: Apparently nct Carmissioner. Mr. Plummer: Can't ask no questions. Mrs. Gordon: Do you have any warm on your staff? Mr. Perez: I beg your pardon. Mrs. Gordon: Do you have any women working on your staff? Mr. Perez: We have three women. Mrs. Gordon: Architects. Mr. Perez: One architect, one the type of the other one is a secrectary. specifications Mr. Plummer: Is anyone here from Russell, Martinez, and Holt? Why don't you come and tell us about your firm sir. Where are your offices Mr. Perez? Mr. Perez: In the City of Miami, on Brickell avenue on 1435. Mt. Plummer: Thank you. Mr. Martinez: My name is Walter Martinez, I am a princina1 of the firm of Russell, Martinez and Holt. The firm was originally Russell and Associates, then became Russell, Elton and then became Russell:, Wilton and this is a change that has happened recently, we have incorporated and we are Russell, Martinez and Holt. The firm has made many important buildings in the City of Miami, very known is the Sheraton Four Ambassadors building, -...., -- the Coconut Grove Library, a series of libraries around town. Most recently we have under construction Division of Service Center in Alarm, which is being built across from the police station, its a ten story building which we are doing for the State of Florida. In this particular Mr. Martinez: Its a regular, a small firm, we are about eight now, its one Bookkeeper, and the other are just architects and draftsrnans. Mr. Plummer: Where are your offices located' Mr. Martinez: Its in Coral Way, 1800 Coral Way. I'm particularly very interested in this job with the Little Havana Community Building, because I live right there. The Camrrnuuty Building is on 1st Street and 9th Avenue, I live on llth and 12th, 10 wen Q 1077 1 Mr- SO VIM Very faknilar with the area, I'ftm Vey interested in the deg elo merit and ttly son Gable, went to nursery school in the building, so I have a second attach emit tt it and would like to see it being build; openly and benefit for the community. Mayor Ferre: Any questions? Well then if you will take a piece of paper and jot dawn what your preference on this and pass it down to the clerk. Mr. Reboso: that do we have to write, 1, 2, or 3? Mayor Ferre: Just write down,... yes I think we can write one and two. I don't think you need to go more than one or two, right? Alright, would you read out the selection, please? Just read then out. Mr. Ongie: On the Bouterese firm, I have five votes, on the Rams... Mayor Ferre: On what firm? Mr. Ongie: The entire name of the firm is Bouterese, Perez, and Fabregas. Mayor Ferre: You have five votes? Mr. Ongie: I have five number ones, yes. Mayor Ferre. Mr. Plummer: Mayor you got to rank them A, B, and C. Mayor Ferre: Oh ok, who is the second one? Mr. Ongie: The second one would be the Rams Fin, I have one, two, three. Mayor Ferre: On what firm? Mt. Ongie: Rams. Mayor Ferre: Lee Ramos, you've got three. Mr. Ongie: Right. Mayor Ferre: Ok. Mr. Plummer: Its a majority. Mayor Ferre. Mrs. . Gordon, oh you want three? Alright, Mrs. Gordon moves, Plummer seconds, that the following rating be established; number one, Bouterese, Perez, and Fabregas, number two, Lee Ramos, number three, Russell, Martinez and Holt. Ok, any questions? Any further discussion? Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: Ok, well then thats that. Pose Gordon roves, Plumber secotb MOTION NO. 77-689 A MOTION AUTHORIZ/NG AND DIRECTING THE CITY MANAGER TO NEGOTIATE FOR ARCETECIL AL SERVICE'S FOR THE LITTLE HAVANA COMMUNITY CENTER WITH THE FOLLOWING FIRS RANXING IN THE FOLLOWING ORDER: A) BOUTERESE, PEREZ & FABRDGAS B) LEE RAMWS C) RUSSFLL, MARTINEZ AND HOLT. iUpOn being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AXES; Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre =5; 'None, 1.1 SEP 8 1977, FUPItIER DISCUSSION: Mr. Plumper: Mr. Mayor, my comment is of:skepticism if you go to the next item for the administration building, out of one, two, three, four, five, six film that were interviewed, the firm that we have just chosen to do the Little Havana Building came in fourth, now that bothers me. Mayor Ferre: Thats a very valid point and I think the next question is how cane since SRBB was not recommended in the group, how cane they got a higher rating than the firm that just got this job? Mrs. Gordon: To which bothered me is why they weren't in the top three in this one. Mayor Ferre: It was at the same Committee? Mr. {3rassie: No. Mayor Ferre: Who was the Committee? Mr. Grassie: Basically Mr. Mayor, you know, you're talking about considerably different projects. Mayor Ferre: You mean different design criteria and different circumstances. Mr. Grassie: It would be logical that things like firms size would be rr or less important depending on the size of the project, now the second project is about four time as large as the first. Mayor Ferre: I think also the fact is that you have a different committee, so that shows you that people can diversions of opinions also and the third fact is that the design criteria is different. Mr. Fosmoen: The criteria were somewhat different Mt. Mayor, but you know its like hiring an architect to do your house, you'd be looking for one kind of architect and it may not be the same architect who would do a major office building down town, its an entirely different kind of selection. Mr. Plummer: This firm rated very high in those areas, but you know, they did obviously like in same other areas. The firm proposed engineering consultants with a possible 100 rating they got 55, which in fact was the lowest on the administration building. Mr. Fosnoe_n: The engineering process for the administration building is very complex, we're going to have to work with Dade County, in... Mr. Plummer: Ok, I'm bringing out... I see a difference and I do not see a great deal of difference in the criteria, there are eight different things set forth in the criteria and about four of those would co towards any City architectual selection, such as what is your firms active program... 6, NOTION OF INTENT AUTHORIZING CITY MANAGER TO NEGOTIATE FOR ARCHITECTURAL SERVICES CONTRACT FOR THE CIw'S ADMINISTRATION BUG. (LATER REs.77-726) Mayor Ferre: Lets continue then on Item #C , which is the Administration Building and Plummer, you got the floor. Mr. Plummer: No Mr. Mayor, I really don't have anything to say except using this score board, you know... Mayor Ferre: Alright, now on item #C, you have a fairly thorough explaination of how this process worked, and as I see under your attachments, your number one, recommended fine is the firm of Ross and Morgan. Mr. Grassie: I would like to have Jim Connolly, who is the chairman of the selection Committee, introduce his subject. Mayor Ferre: Mr. Connolly. 12 SEP 8 19774 Mayor and �s of the Commission, pursuant to Resolution 77=641, solicitations was made for p�ropca].� t"ollY• s from architects who for the Administration in all wilding, the State Wired the negotiation act of 1973, sal was gdut in all local e steps and procedures taken. An adverti.sementfirms ��f for posrmpded�the Committee reviewed news papers and there were nd twenty one that they selected six firms to make a personal all the data submitted and based upon the way consisted presentation to the Selection Cammittee��g� and heniCommittee lanner, Vincent Grimm, of Richard Fostroen, the Assistant City Assistant who is an Assistant City Manager, and he is an engineer, Charles Crumoton ant and I t City Manager, who is an architect and planner, myself as project director m also an engineer and Norris Katmfxran ► is the Construction Management Specialist, who is also an engineer. Mr. Plummer: Vat are the three firms that...oh, here it is. n Architects, and the second firms William Morgan Mr. Connolly: The first three which was formerly Severed, was Pancoast Borellie Albaisa, and thethirdg'of the selection 1-Y Se e31 Knight, Boeietma , Buff. In the very Administration the Committee determined unanimously that because of the size of our Admini Building, even at its full potential built at one time compared to the rest of Dade County buildings that are going to be built in the downtown Government Center, it was felt that the primary criteria in selecting the architect (_Wit ve ) to e design, because we are not going to have the man to compete are not going have the mass in our building -- Mayor Ferre: Oh I didn't hear the previous statement. The primary criteria has... Mr. Connolly: The AEA Selection Committee determined that the primary criteria would have to be architectural design capability. The reason for that is the mass of our building in its first phase and also in its full phase of completion is relatively small mass compared to the large buildings that are being built by Dade County. Dade County's first building is going to be 5 - 600,000 square feet. So we felt that if we did not have a building that was truely a good design quality, not just, you know, putting window dressing on the outside, but -- really a fine design that the City of Miami identity could possibly be lost in that multi - governmental center. Then we selected — we interviewed all of the selected architects and determined that using a point system which has been outlined here that William Morgan Architect with H.J. moss would be the best firm for this project. Mr. Plummer: Mr. Connolly would you explain to me sir item #8 which is supposedly for a maximum of ten points how the firm that you selected got 42? Mr. Connolly: I'm sorry that's a two(2)., that's a typo ... Mrs. Gordon: I added that up and that supposed to be the four part of the 242. Mr. Connolly: Oh I'm sorry. Mayor Ferre: It's a four or two? Mrs. Gordon: It's a four. Mr. Plummer: .It's a four? Mr. Connolly: Yes. Mrs. Gordon: If you take the total at the bottom as being the correct amount. Mr. Connolly: Yes. Mr. Plummer: My only concern... well I have more than one. This I'm sure of the committee's concern was that of architectual. This Commission has been into affirmative action and obviously the committee saw fit to make that as one of the criteria. This particular firm that you're recommending was two firms at the bottom that were tied. This fin was one of them. Mr. Connolly: That's correct. Mr. Plummer: That doesn't concern you. Mr. Connolly: That doesn't mean that they don't have an Affirmative Action Program. Mr. Plummer: Vihat does it mean? 13 SEP 8 1977. Mr, Connolly: Well, greater wanting was Oven to the firms that are tihdtity Contractor owned, That's basically what the foundation for that reading was Rev. Gibson: Let me ask this question, I none that}Mr. Grassie this is to you so that you could direct the staff. I hope that the staff in the future will make sure that the minority participation in all these contracts. The County is having one hell of a time right now with mass transit because of that and I hope that is true of all these fellows that you're talking about that you presented to us today? Mr. Connolly: '.They're are not what is legally under the federal guidelines called minority contractors. You have to add 51% ownership by a minority. Rev. Gibson: What is the minority participation in all these firms that you presented to us this morning? I happen to be on the policy committee of the mass transit representing the city and that is the number one ... let zne say this, that's one of the great concerns they have and what about it? Answer that question for me right now. Mr. Connolly: Of all the firms that are interviewed Pancoast Borelli Albaisa are the only legally of the federal guideline minority contractors. Rev. Gibson: Why aren't the others? Mt. Connolly: Because they're not 51% or more owned by latins, blacks, chinese, japanese , or... Rev. Gibson: Japanese minority participation in all these firms you presented here this morning? Mr. Connolly: I'm not sure if... Rev. Gibson: Why didn't you ask them that's part of our obligation? We get government money. Mr. Connolly: The criteria we depended upon was equal opportunity employment which means that there's no discrimination in the firm. It was too narrow to just it on minority contractors because it's a fairly large building. Rev. Gibson: Not minority contractors, minority participation. A lot of difference. This Commission needs to understand that. Mr. Connolly: All of the firms comply with equal opportunity employment guidelines. Rev. Gibson: I didn't say equal opportunity, I said minority participation. The govern nt specifies that. Right, we're getting federal monies can't do anything else so I could voice that for our people. Mr. Plummer: Are these funs, I krm w Pannest is here. Are these other funs represented here? Mr. Connolly: William Morgan is here and I asked him to bring same presentation material. He has a set of slides because his office is in Jacksonville and Ross of course is here. They have indicated that 75% of the work would be done in the City of Miami, but since the Commission is not familiar with their work, if you would take five minutes to look at the slides you might understand why the committee . • .. Mayor Ferre: Alright I have an objection of that but I think after we get through with that we have to of course give the Panooast firm the same opportunity they want. And, then I think we need to talk to the principait about some of the questions Father's been asking about minorities.. Mr. Plummer: Well is SKBB a representative? Mr. Connolly: No, they're not here. Mr. Plummer: Are they a local firm? Mr, Connolly: Yes they are. They are the same fii thWw44,MI the list for Little Havana Center. Mr. Plummer: Oh, I'm sorry, alright. That's the Perez? 14 nrn S2 1Q77a Mt, Connolly: No, they were on the --- I don't have the but they Were fiot here. And, the reason, you know, we don't know what the criteria was on the tittle Havana but they have done lame o#fice buildings and they're basically an old Miami fine. If I were on inspection oonmitee for Little Havana I don't believe that they have that kind of latin flare which is what you were looking for. Mayor Ferre: Alright, if you would continue please. Mr. Connolly: Based upon the presentation and the criteria the committee independently scored all of the different' fines and then they were added up and scored as we have indicated here. If you look at the scores number one is appreciably in front of the other contenders . The next one being more than 10% down from that on points score, and then three and four are almost the same. Five and six were basically engineering firms with some architectural ability in major projects but we felt that really design was going to haves to be the major consideration. Mayor Ferre: Alright anything else? Mr. Connolly: No sir. Mayor Ferre: Well, I thought you wanted to make a presentation for ... Mr. Connolly: Well, if you permit we'll have Mr. Morgan make the presentation. Mayor Ferre: You don't have anything else? Alright, if you'll take a piece of paper... Mr. Connolly: No, we'd like Mr. Morgan to rake a presentation on a set of slides... Mayor Ferre: That's what I'm asking you Mr. Connolly. That's what I':n asking you sir. Mr. Connolly: Yes, we would like to do that, I'm sorry. We had five presentation booklets. I have three of them here. If you would like to look at these while we're setting up the slides. They're all the sax --- Rev. Gibson: Let me say how Theodore Gibson feels and re -acts to this business. I think that unless you're going to give all the others the same amount of time and the same thing ... but wait a minute, did they crane prepared? Mayor Ferre: Are you prepared Mr. Pancoast? Alright, this matter in my opinion then should be deferred until the next meeting which is the meeting of the 15th or if you want the ... Mrs. Gordon: We have a problem Maurice in delaying this because of the federal funds... Mayor Ferre: But the point is if these people want to make a presentation Pancoast should have absolutely the same right and so should... Mrs. Gordon: Yes, but why not any presentations, you had a committee, you know? Mayor Ferre: Look, here's the chairman of the committee. The committee is saying that they in showing why they have made their selection,want to explain it, and they want to explain it visually. I have no objection for them doing that provided that everybody else is given the same opportunity. If Mr. Pancoast was not told that this was going to be done then it's patently unfair to Pancoast. In other words what's sauce for the goose is sauce for the gander. Now if it's that important to you that this presentation be made and if you did not tell Pancoast. Were you not informed that there was a presentation going to be made. Then in my opinion this decision should be postponed until he has that right so that these people will have the right to make their ten minute presentation. Let their make their ten minute presentation and then this Commission can vote on it. Rev. Gibson: Mr. Mayor, we trusted the judgment of the committee in the other matters. I'm willing to trust their judgment. If they didn't think enough of doing it at the very outset I now call for the vote. I will trust their judgment. They are professional. I'll trust than. Mrs. Gordon: We didn't receive any kind of information on the previous one and we went forward and made our determination. �5 SFP 8 1977i Maybr ferret Wbuid you explain the differehce Mrt Connolly? Is there any difference between the previCUs one atxi didn't you do this same thing for the other one? Mr. Connolly: One reason of course, is that the main project that has been done by the fine of Pancoast in association with his two partners that he has now is the City of Miami Police Headquarters which everybody here is fully familiar with. Mayor Ferre. Yes, but that's not fair for you to do something for these people that you're not willing to do for the other firm, and in my opinion if you want these people to make a presentation and I understand the logic of that and I'm just trying to be favorable to giving everybody an opportunity so that we don't have accusations later on that we didn't give everybody a chance to say what they wanted to and therefore what I'm recommending is that we put this thing off for one.week and decide it on the 15th, if you insist that they make this show. Mr. Connolly: suggestion the Office of Pancoast Borelli Albaisa is just across Bayshore Drive, they still have their slide presentation. Could you go over and get it and bring it here? Rev. Gibson: Mr. Mayor, I move ... I move for the vote Mr. Mayor. Mayor Ferre: Father Gibson wants to move the vote. Is there a second on this? Mrs. Gordon: Yes. Mayor Ferrer Alright take a piece of pAPer and write the names down. Mr. Plummer: I didn't hear the roll call on that. Mayor Ferre: Well, I think, call the roll. THE PRECEDING MOTION INTRODUCED BY Vice-1"ayor Gibson and seconded by Commissioner Gordon, was passed by the following vote: AYES: Mrs. Gordon, Mr. Reboso and Father Gibson. NOES: Mr. Plummer and Mayor Ferre. Mayor Ferre: I vote no because I really feel that in something as important as this that the administration wants to have us see sortie additional information I think that should be done. However, I'm critical and excuse me Mr. Connolly, I'm very critical of the fact that you would do this with one firm and not permit the other firms to have that right, so the vote is three to two and therefore, we're not going to vote on the selection of each firm and if you would take a piece of paper and write down the names and write down your name under it, we'll get on with the voting process. 'k. Plummer: Mr Mayor, while we're waiting for the tabulations, I want to go on the record as to my vote. Every since I have set on this Commission, it has been my philosophy and policy of which I have shown in my vote today, that all things being equal I want local participation first and because of that my vote will reflect that I am first and foremost choosing a local firm. I chose Pancoast, as the number one firm for not only the reason of him being local, but second of all this is in oonjuction the police department, which his firm did the police department and if this is to be a continuation and really in fact I hope that that is what we are striving for, to me is logical that you would, if possible use the same firm who generated the original thinking for a continuance into this new structure which will be adjacent. I just want it on the record to reflect why I voted as I did. Mayor Ferre: Ca11 the roll. Mt. Ongie: The results are I have four votes for the firm of Panmast for number one, three votes for S.K.B.B. for number two and three votes for the Morgan farm number three. Mayor Ferre: Alright, the motion is made by J. L. Plummer,... Mr. Plummer: Excuse me would you read that again, you got a four for Panooast, Mr. Ongie: yes sir. Mayor Ferre: So they are the first firm, • Ongiet Yes! and I have three Votes for the S,R.B.B1 firm in seCOnd place and 1 have also, three votes for the Morgan fi.rm, Vt. Plumer: Thats difficult, are you talking about for the S.X.B.B., that yOU got three, two votes. Mr. Ongie: Yes. Mr. Plummer: Ok, and in lieu of having to take up tine I'm assuming that! that tally of vote is available for public reoord. Mt. Ongie: Yes. Mt. Plummer: For the record I'm going to take the time in saying that I voted exactly as what kind of a final type tally came out. Mayor Ferre: The vote then is number one Panooast, number too,SB.B, and number three Morgan Ross. Mr. Pluumer moves is there a second? Rev. Gibson: Second. Mayor Ferre: Second by Father Gibson, further discussion? Call the roll, The following motion was introduced by Commissioner Plummer, who moved its adoption: MDTICV NO. 77-690 A MOTION AUTHORIZING AND DIRDCTION THE CITY VANAGart TO NEGCTIATE FOR ARCHITECIURAL SERVICES FOR THE CITY OF MIAMI ADMMNISTRATION BUILDING WITH ZEE FOLLOWING FIRMS, RAMING IN THE FOLLOWING ORDER: MPANCOAST, BORELLI & ALBAISA B) SEVERUD, KNIGHT, BOEREMA & BUFF (S.R.B.B.) CWILLIAM MORGAN ARCIUTECTS-H. A. ROSS ASSOCIATES, INC., a joint venture. Upon being seconded by Vice -Mayor Gibson, the notion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor 'Theodore R. Gibson COmmissioner Rose Gordon Mayor Maurice A. Ferre - • • PRESENTATloN BY PLANNING UEPTi of CAPITAL IMPUEMENT PRD, Cr`S AND DISCUtSION OP $1.4 ICI LLI ON SHORTFALL IN PARKS F04 PEOPLE BOND FUND Mayor Ferre: Take up item number D, Capital Improvement PrOyLaiu. Mr. Grassie: The Capital Improvement Program, Mr. Mayor is here for review with the City Commission, we had hoped to be able to do this with you a month a so ago but if you remember our agenda did not permit time for it, so we would like to introduce the Planning Department staff... Mayor Ferre: If I may explain this to you sir, this is not a public hearing for the purposes of the budget, this is a meeting of the Commission, so that the Manager, explain,... or are we talking about the new projects? Mr. Grassie: No, the Capital Improvement Projects. Mayor Ferre: I beg your pardon. Alright, these are Capital Improvement Projects, you're right, would you put them so that the public could also see these? Yes, then you can see them but the people on the side can't, so I can move in the middle who ever want to see these, if you would move into the middle then you would be able to see these. Mr. Fosmoen: Mr. Mayor we have been... E Mayor Ferre: We still, the gentleman still, why don't you Trove around so that he can see it. Mr. Fosmoen: of the whole Program, but be holding a Mayor Ferre: Mr. Fosmoen: in October. Mr. Mayor, this is a review for your information, it is a Committee agenda item and its not a publish hearing on the Capital Improvement rather for your information today, the Planning Advisory Board will public hearing on the entire Capital Improvement Program. Would you tell this gentleman when that public hearing will be. We don't have a specific date, it will be at one of the PAD meetings Mayor Ferre: Never -the -less I think it would be a matter of just simple courtesy to try to move that thing so that this gentleman can see it if possible. Sir this is not a public hearing, this is a Committee of the whole meeting which is supposed to be held in another roan and I don't know why we're not doing it, but we don't have a public audience like this other than the press and those who want to be meeting there. Mr. Grassie: Mr. Mayor, if you are willing to control the audience to the number of people that we can accommodate in that man, we're happy to do it, but you can see that with this crowd we would not be able to on this kind of business meeting. Mayor Ferre: Alright, let proceed, just turn the thing so the people can... Mr. Lynch: Mr. Mayor and merbers of the Commission, my name is Ed Lynch, I'm with the Planning Department. The subject that we're going to be talking about in the work shop this morning is very important to the future of the City of Miami, during the next decade, because essentially we're talking about the City Administration's proposal plus spending available public funds on physical improvement within the City, utilizing such funds as general obligation funds, community development funds, capital improvement funds and other funds available to us. As I began to say the subject we're going to talk about is very important in terms of the City of Miami's future during the next decade, because we're essentially talking about the propoqAl s that the City Administration is caning up with plus spending available public monies in the way of general obligation funds, community development funds capital improvement funds, and other funds available to us for physical impaovements within the City, these physical improvements in term are expected to act as in generating private developments and improving the overall quality ; ty of life in Miami. The degree to which these public improvements can accomplish these goals will determined where MiaTni, will be five or ten years from today. In addition to the public projects that we are talking about the City of Miami, doing we will also have to depend on public improvements from Dade County, the State, Federal 18 SEP 8 1977, i GaVernrents, and other public agencies. At a later date we'll be taking the public projects proposed by Dade County and the Board of Public Injunction and incorporating it within our capital improvement program, so that citizens and the Commission and staff, will }maw exactly%what is being proposed for the various inputs within the City of Miami. Today however, we're going to focus in simply on what the City proposes to do with its available funds and since we have quite a bit information to cover in a very short period of time, the only way this can be done successfully is if we get your undivided attention and if you try to limit you comments to the end of the presentation. Before we go into talking about the specific projects, I'd like to spend a little time on definitions, legal requirements by the capital improvement pLCJyLam and the process that we went through. First of all a capital improvement program is an official statement of public policy regarding long range capital improvements. A capital improvement is a capital or an any kind expenditure of $20,000 or more resulting in the improvement or addition to fixed assets, in the form of land buildings, improvements in durable equipment with the long life expectancy, we're talking usually in about 20 years A capital budget is legally authorized spending schedule for one vear, it is the first year of that six year program and the most important. Teens of legal requirements, Section 266 of the Miami City C'rie, gives the responsibility for preparing the capital improvement pru:iam to the Planning Department, Section 11A to the County Code, says that on or by October first of each year, the various municipal units in Dade County, are supposed to provide the County Clerk with information about what projects it intends to under take that following fiscal year and years into the future. The County has already given us these forms and are awaiting the information from the City, in terms of what we piopuse to undertake. Chapter 380 of the Florida Statutes, also known as the local Government Comprehensive Planning Act of 1975, says that the encornnic assumptions on which, on the plan that we have adopted must be spelled out as part of that plan, that means that the various proposals for public improvements must carry with then estimated cost, a schedule for implementation and proposed funding sources. The process of preparing the capital improvement program began last October and this chart of identifies the steps that we went through, which were primiarly first at thevarious operating departments and the downtown development authority submitted a request for capital projects. An interdisciplinary committee appointed by the Manager, consisting of several assistant department directors, evaluated the projects in terms of several criteria and established priorities. Since there were more projects than Miami has funds to implement, the priorities were necessary. After the priorities were established the Plannning Department, put together a schedule of implementing those projects based on the City's ability to design and administer these projects, as well as the impact the projects would have on the operating budget. This schedule was approved by the Manager, we've brought it before the Planning Advisory Board in the work shop and after discussing it this morning with you, we're taking it back to the Planning Advisory Board, in a public hearing. The projects that we're going to be talking About and there is a 136 in total, are organized in nine program categories, which are consistent with the uniformed accounting system from Florida rrnuzicipal units as recommended by Pete, Marwick, Mitchell. Each of the flip charts that we have before us is identical with the sheets that you have in the information package we gave you. This first sheet for instance, is page nine in that report. In reading the funding schedule the number that we have in this column simply refers to the program category, we have a short title for that project, a column which refers to a wrap letter, these maps are the same six maps use in the Miami Comprehensive Neighborhood Plan, all though for purposes of the presentation this morning, we have summarized all the projects by program category on a City wide map. This column refers to revenue code, where the money is caning from for these various projects and each of these revenue codes is foot noted at the bottom of the sheet, total cost of the project in thousands of dollars is identified in this column by revenue source, any monies that have been encuMber or spent by the City Commission on this project by the revenue code is identified in this column up to and including September 30th of the year, any appropriation we would expect after September 30th, from October 1st through September 30th of fiscal year would be identified in this column, this provides a summary of the total amounts of appropriations that we would expect during this six year period for that one funding source, should point out that this amount again reflex the funds that would be appropriated, it does not necessarily mean that the project would be completed during that fiscal year, simply that we are setting aside these monies to initiate that project. Our first project... Mr. Fosmoen: Ed let me make one point before the Commission, what we are reviewing with you today, is six years worth of projects, covering all of the general obligation bonds that the City currently has the ability to sell, we're telling you what year those projects will be undertaken, we'll also be telling you that in sane cases there is not sufficient bond authority to undertake those projects and that you SEP 8 197 111 MC MB 1 may have to consider at sane point a further bond to undertake same of the projects that are listed, it inclilees all of the Cctuttnmity Development funds for second and third year and we will be coming back to this Commission with an appropriation ordinance, that will specifically spell out'.those projects that will be undertaken in the first year of the six year program. Now, what we would like to do is go through with you fairly quickly since we know you have a very busy agenda today the projects and the priorities for those projects by the various categories that are layed out here. Mr. Lynch: The first project that we have under general Government services is the new City Administration Building. Under the public safety program we have three police projects, one of which is already on the way, two of which are proposed to have additional appropriations in 77-78, three of the fire department projects are on this sheet, which are prup sed to have appropriations during fiscal year 77-78. All of the fire projects that we have an this and the sequent sheet have been approved by the City Commission, in the fire protection master plan. The projects as I mentioned are identified on the map in terms of location. Mayor Ferre: You can follow these on your sheets, this is page thirteen, everything that you've said so far is already in your packet, so its a matter of... Mr. Lynch: Right and if you want a more detail description of the project, its on the opposite page to the schedule. Ok, these are the remaining eight projects the fire department is proposing, which wound deplete the $10,000,000 bond, that was approved by the electorate last year. Same of these projects that schedule over several years, particularly when we are talking about the replacement of apparatus and .equipment. We have. two projects within the physical environment program category► trash receptacles in Model Cities in culmer, Virginia Key land fill, which essentially, involves the filled landscaping and restoring of the solid waste land fill site as required by the department of environmental regulations. This is the first of seven sheets that we have, I'm sorry this is the first seven projects of 37 sheets that we have on street improvements, which will be done with either Community Development Funds or Highway Bond Funds. With the exception of 41-6 all of these projects are all ready on the way, contracts have been awarded. The symbols which have yellow are Community Development Projects, the ones that have no yellow in the backgrounds are strictly Highway Bond Projects. These are ten more projects that we have proposed, two of which are already on the way, the remaining eight would be done or would be initiated fiscal year 77-78, primarily with Community Development Funds. The first project on this page will be done with Community Development Funds, the remaining eight would utilize Highway Bond Funds, talking about Coconut Grove business district, Point View, Coral Way, Model Cities, Sand Marco, 27th Avenue, Point View, Bird Road. Again, these are all Highway Bond Projects, we have enough bonds to see us through to fiscal year 81-82, but on this project in Model Cities, we will need additional Highway Bond Funds, so we will have depleted the entire Highway Bond Authority by 1981 and 1982 and we will need electric approval for another Highway Bond. Mr. Fosmoen: The point being that sometime during 1980, this Commission should very seriously consider putting on the ballot another general obligation bond, for street improvement. Mayor Ferre: What was the timing of that? Mr. Fosmoen: 1980. Mr. Lynch: This is another CD street improvement project for Coconut Grove. Ok, on this sheet we have seven additional unique projects, which we put into the transportation program, Miami River Walk, Model Cities Street Trees Program, with CD Funds. City wide street trees program, the Downtown people mover, Culmer overpass of I-395, Establishment of the tree nursery and sidewalk replacement program City wide. Mayor Ferre: I don't understand, you have a $1,620,000,000 for the people mover? Mr. Lynch: No. Mayor Ferre: It says 1620. Mr. Lynch: One Million. It says thousands of dollars, $1,620,000. Mayor Ferre: Is that your local share to build a people mover? M. Fosrpen: Mats the City Commission's commitment to the D. The Ci ►'e 20 SEP 8 1977 tu.ttttent. Mayor Ferret That is not the tbtai cyst, the total cost as you recoil ids the sal was $72,000,000, as•.3 recall of which we were hopefully original Kiser proposal was going going to get $50,000►000 for the Federal Government and the County to put up a fourth and we were going to put up a fourth somehow, right and then there was some discussion about the property owners coming up with something. Mr. Fosmoen: This figure represents the commitment that this Commission has made by resolution for its share of the Downtown people mover. Mr. Lynch: It represents three precento�$54,000,000, which is the latest estimated cost for the Downtown people, 3%. Mayor Ferre: Ok. Mr. Lynch: On this sheet we have nine projects in the economic environment program, six involve land acquis ition to be used primarily for sectioning busing in Little Havana, Coconut Grove, Culmer, Downtown, this the project for Miami -Dade Community College and also in Wynwood• The other three projects are the Overtown Interim Program, Demolition of Substandard Buildings City-wide and Public Housing Assistance Progr project that we have in the Mental and Physical Modernization. This is the only proj Health program, which is already a City Commission Resolution, utilizing Federal Revenue Sharing Funds► to expand Day Care Facilities in Shenandoah Park, Eaton Park and Moore Park. Ok, this the first of eight sheets in the Culture and Recreation Program, you should be familiar with all the projects that we have on this sheet except perhaps for Virginia Key Developments, which is a project that we are proposing to under take utilizing a revenue bond in conjuction with the Bureau of outdoor recreation, which may have as much as $2,000,000 to contribute to it and possibly of Dade County, and executive progress bonds to develop also with the participation a major recreational at Virginia Key► primarily developing camp sites and bicycle path and nature. trails and beach restoration and other non -recreational projects. These are three major projects with which the City Commission should be familiar we've also included the Orange Bowl, anticipating that the election will support that and trying to judge what the impact of this additional bond sale would be on the debt service requirements. Mr. Fosmoen: The Commission may wish to note the distributionon this matttt er next of the various park projects, recreation facilities that are proposed ovexsix years. You will recall that there has been sate comment, that most of the work in parks for people, has been done in the south and western part of the City, but over the next six years thats the principle concentration in those facilities will be in the near end areas. Mrs. Gordon: Put that other page back down, please sir and go into the Orange Bowl Improvements, is this in reference to the bond issue thats an the ballot in NoveMber? Mr. Fosmoen: Yes. Mrs. Gordon: And what is the impact on the tax payer as to the millage increase that would be necessary to repay this bond issue if it is passed? .23 mills, less than a quarter of a mill. .23 mills. Yes, less than one quarter of a mill. Based upon what, did you arrive at that? Mr. Fosmoen: Mrs. Gordon: Mr. Fostnen: Mts. Gordon: Mr. Fosmoen: What was your schedule for retirement, 25? Mt. Lynch: I believe it was twenty years. Mr. Fosmoen: Zt, .nty years. Mr. Lynch: Yes, at 6% interest. Mrs. Gordon: Is that, do you figure that the same way that you would figure mortgage debt amortization payback? ' Mr.. Lynch: Somewhat, what _the finance depaftnent is-atte nting'to do 'these 21 a S E P 8 1977 days, is to assure that the annual principle and interest payments are pretty match even throughout the payment period, in the past they were very front loaded and we were paying more initially. Mrs. Gordon: You're saying the constant payment would then be .23, for a twenty year pay out at 6%? Mr, Lynch: In terms of the impact on mintage next fiscal year, that right. Mrs. Gordon: Well, I did a quick calculation, I have some I'm going to refer to in a few minutes, then redo it and if I cane up with the same thing you carve up with, ok. Mr. Fosnoen: Ok. Mr. Lynch: Shall we continue? Mayor Ferre: Well, I think we have a question on, perhaps Mr. Gunderson, Might want to standup and, since we're an the subject, I want to make sure we have very clear information on that. Mrs. Gordon: Based on an annual payment. Mayor Ferre: If we were to sell $15,000,000 of general obligation bonds, I've got two questions, number one, since the last bunch that we sold was under 5%, why would you assume 6% and nusrtber two, since we have sold 25 years GOB, why would you assume twenty? Mr. Gunderson: On the first question, we're trying to live within the forecast of what interest rates are going to do, when we received the last bid, which was 4.9, we were at the low end of the spectrum, we're now in the period of ascendency as far as interest rates go, so we've taken a particular conservative posture relative to cost and feel that we will be sartewhere in the arena of maybe 51 to 6% within the years to arse. Mayor Ferre: And now why, twenty years? Mr. Gunderson: And twenty years is an arbitrary time period, could be 25, could be 30. Mayor Ferre: If were 25 and the interest rate was less than six, then the millage would be less than .23. Mr. Gunderson: Correct. Mrs. Gordon: Mr. Gnderson, if the manual constant payback would be $ 1,307,000 minded out, dollars, would that be more like 1/3 of a mill, at the millage rate we have now, which is $3,000,000... Mr. Gunderson: The millage rate that we have... Mrs. Gordon: I mean the rate we have which gives us a dollar return of 1/6. Mr. Fosmoen: Our assess value. Mr. Gunderson: Our assess value right now is $3,000,000,000 and about $8,000,onn, Ids. Gordon: Yea, but we have to take off 5% and that leaves us a millage return on a mill for $3,000,006... Mr. Gunderson: $3,000,006, yes. Mrs. Gordon: And would say that $1,000,003, would be something more than what you have said was .23? Mr. Gunderson: Well, we've used a constant increment of 5%. Mr. Fostoen: 5% growth. Mr. Gunderson: 5% growth of assess valuation. Ves. Gordon: Well, in actual payment on constant basis arepay,., 22 con 0 Nk4 Gunderson: So your village would go down, as the assessed valuatfbn went up the ftillage would go down, because we have used the 5% increment on a annual basis. 4. Mts. Gordon: We11, I don't know how you figure but our figures don't tally with your figures. Mr. Lynch: Well, see the debt service requirements would remain the same throughout this... Mrs. Gordon: Yea, but you said they would be constant thur the twenty year period and the difference would be the amount applied to principle and the amount applied to interest or... Mr. Lynch: The aMitional requirements, in terms of the debt service requirements would remain the same throughout period, but what we're saying is that the value of the mill will increase and we're projecting a 5% increase in the future because of adei tional construction... Mrs. Gordon: I see, but after the beginning phases of this pay -back you're not going to have a 2.3 , the immediate results upon the tax payers today are not going to be .23. Mayor Ferre: Is that true yes or no? Mr. Lynch: No again we've calculated perhaps the twenty years, but thats your twenty five, but we've calculated that next year the increase uculd be a maxinnan of .23. Mrs. Gordon: Ok, I wish you would at some point not right now, you get with me and show me, you'll break down the figures will you please. Mr. Lynch: Sure, ok. Mayor Ferre: Alright. Mr. Lynch: Ok, this and the next five pages eel with the neighborhood parks that are being proposed, utilizing CG funds and unencutbered parks for people bond funds. Virtually, all funds that we have shown on this and the following sheet would be appropriated the fiscal year of 77-78 and 78-79. On the map that we have over there, the ones that have a yellow back -grounds are the ones that would be appropriated next fiscal year, the ones that have a green circle around the symbol refer to the projects that would utilize parks for people bond funds. You might want to look at page thirty six in your report which will describe in detail what lik each of these park improvements involved, we're talking about improvements at Buena Vista Neighborhood Park, Edison Neighborhood Park, Edison Community Park, Allapattah Mini -Park in Commercial Area, Allapattah Mini -Park in Residential Area, Melrose Park, Wynwood Mini Park. On this sheet all of the park projects would have appropriation next fiscal year, we're talking Luzmais Park, Coconut Grove Mini -Park, Trail Mini -Park, Henderson Park, Robert E. Lee, Northwestern, M.L.K. Boulevard. On this sheet we have Old Smokey Park, Dixie Park, Dorsey, Downtown Community Development Mini -Park, Wainwright, Little River T.iini-Park. Mr. FOsmoen: Let me make one point and that is that what Ed is going through are the park projects, that we're proposing to you be started during the caning fiscal year, a number of them are of course already in design, a number of them will be starting design, so will be finishing contrution or will just start in construction, the funds will be allocated for those parks next fiscal year, they may not all be eampleted,.in fact I'm sure they want all be completed in that fiscal year, but there will be work proceeding on those parks during the oohing fiscal year and also on this sheet. Mr. Lynch: Yea, we have West End, Curtis, Fort Dallas Park, Cuban Memorial Boulevard, Bayfront/Bioentennial, FEC and Property of which we're saying there are 17.3 million dollars available and the balance for the Downtown District, Central Miami Park, Latin Community unity Riverfront Park, Removal of Architechtural Barriers in City Parks, Riverside Park and Ctilmer Mini -Park. Now, 75.81-75.86 are going to regire a special explanation. You may recall that in April in this year we told the Commission that there was a 1.4 million over -run which occurred in the Coconut Grove Park for People District. Thus far we haven't resolved how that 1.4 Million over -run is to be handled. There are two alternatives which we are suggesting, the first would we either to take that 1.4 million and prorate it 23 CrD R 1077 NENE EEEE aftOng • all of the parks for people districts, having each district pay its shall in terms of the original percent that was received for that over -run, the second alternative is and the alternative that we ate recommending, is that we take that entire 1.4 million out of the Downtown district, if we prorate the amounts the Downtown district would lose about $1,000,000, if we take the entire amount out of Downtown, its an additional $400,000 which would, we feel will be better distributed amoung the various neighborhoods. (INAUDIBLE) Mr. Lynch: 43. Mayor Ferre: You know, I would imagine that its important for you to give the Commission, something that the Commission can understand the problem, what I'm saying is since most of us roily do this reading on our own rather than follow it in a half hour presentation, I think its important that somebody thoroughly check this thing out and I notice that in this copy sane of the information that you have here is not here, specifically thats 17.3 million dollars. Mr. Fosnoen: Thats correct. Mr. Lynch: This thing was added simply to clarify for the City Commission, what was remaining Downtown. Mayor Ferre: So far everlhing that you have said is in this book. Mr. Lynch: Correct. Mayor Ferre: There isn't anything that you have said that somebody can't sit down and read, ok, if I'm not mistaken. Mr. Lynch: Thats true. Mayor Ferre: So, anything that is not in this book you should point it out to us, number one and number two, when you finish with all of this, I think what you rally have to do is try to synthesize what it is that you are telling us. Mr. Fostmoen: We apologize for giving the Mayor the bad ropy. Mr. Lynch: So, anyhow the nuMbers that we have shown here on the left reflects what would happen if we took the money out of each of the districts, we prorate the amounts, the numbers on the Tight show the balance that we would have in each district if we took the 1.4 million out of Downtown and also created a contingency fund. Mayor Ferre: I for one and I don't know how the rest of this Commission feels, agree with your conclusion. Mr. Lynch: The last project we have in the Cultural Recreation ProyLam is historic preservation and Dr. Jackson's office. In the Utility Pzoyjam, we have nine sanitary sewer projects on this page. Mayor Ferre: Its page forty-nine. Mr. Lynch: Four of which have already been initiated and the remaining would be initiated this coning fiscal year. Mayor Ferre: Have you got an extra copy of this? Mr. Lynch: _ Yes. Mayor Ferre: Would you give it to the, so he won't have to be leaning over and he can follow it. We're on page forty nine now. Mr. Lynch: All of the projects involved in that, we're talking about in terms of sanitary sewers, would use a santiary sewer bond. Mayor Ferre: We're now on page... Mr. Lynch; This should be falling in secquence exactly with the report you have. We have three more sanitary sewer projects, we have enough sanitary sewer bond to last through to 1981-82, means we're going to have to go back to the electric before that time to get approval for more sanitary sewer bonds. i I.ii.IIIuuIIiIIi Mr. Pittman What percentage will that be? Mite Lynch: All of the projects that we hate here will sewer the entire City to 37th avenue, the area west of 37th avenue. Mayor Ferre: What we would have left then is Flagami area, in other words the City of Miami, will then by 1981, with the exception of Flagami be completely severed, which will probably be the only City in the State of Florida, that would be sewered. Mr. Lynch: I'm sorry, I should say part of Coconut Grove, would also be excluded. Mayor Ferre: There is part of Coconut Grove that is not included in the 80-81 program. Mr. Lynch: Thats right, so we are essentially talking about needing aaattional sanitary sewer monies to do Flagami and part of Coconut Grove. Mayor Ferre: Yea, in 1981. Mr. Lynch: Right. (INAUDTPM Mayor Ferre: What part of Coconut Grove is that? Mr. Lynch: Southern part. Mayor Ferre: Southern part. Mr. Lynch: The low density of one area. On this sheet we have six storm sewer projects, the first three are already on the way, the last three will encumber funds this caning fiscal year, should point out that after this year we will have no more 'stone sewer bond monies, so we're going to have to go back to electorate in the very near future to get approval for more store sewer bonds, we only have approximately three million dollars left in this storm sewer bond fund. Mr. Fosmoen: Did the Commission fully understand that last point? We will during the next calendar year in our likely hood need to talk very seriously about a further stone sewer bond issue. I wondered if the Commission had fully understood the point that very soon we will have to talk about an additional storm sewer bond issue, we are out of funds this year. Mayor Ferre: Where is this C.I.P. summary, what page is that? Mr. Lynch: I have it for you right here. The one and only project that we have in Intergovernmental Services, is the heavy equipment service facility, which is already on the way, szttnaxy we're talking about 136 projects, the total dollar value in terns of appropriations during fiscal year 77-78, is $72,000,000, the total dollar value for the six year period is a $175,000,000. The two areas where we have the bulk of the projects are in transportation, with our many street Improvements and in culture and recreation, with the mini -park improvements as well as the major facilities that we were talking about. Mayor Ferre: You may as well answer right now, because I'm sure this going to be caning up during budget hearings, where are we getting $72,000,000 to this and why can't that money be used for Police Services and Fire Services and all in Sanitation. Mr. Fosmen: Its caning from Fire bonds, Police bonds, Highway Bonds, Sanitary Sewer Bonds, Storm Sewer Bonds, Community Development Funds. Mayor Ferre: How Much of the $72,403,000 is caning from Federal Grants and subsidies directly that are ear marked, roughly. Mr. Fosmoen: The ones that we can speak specifically to is Community Development. Mayor Ferre: How much is that? Mr. Fosnoen: We're getting $10,000,000 this year, received 5.6 million dollars last year. Mayor Ferre: You also getting sate, that counter -cyclical Public Works Fund. Mt, Lynch: Thats correct. Mayor Ferre: rich is in addition to the $10,000,000, so which is at least another 5 or 6 million dollars, right? Mr. Lynch: which... Mayor Ferre: Mr. Lynch: caning from. Right, also plugged in here is the $15,000,000 for the Orange Bowl But thats not Federal Funds? Thats not Federal Funds, not I'm just trying to explain where this is Mayor Ferre: Federal Funds that we're getting direct grants out of the 72, its between 15 to 20 million dollars, is that a safe assumption? Mr. Fosmoen: Also, the local Public Works Funding, both first and second around are shown in here. Mayor Ferre: How much is that? Mr. Fosmoen: The first round was nine, second round was almost eight, thats $17,000,000.— Mayor Ferre: Is that in here? Mr. Lynch: Thats right. Mayor. Ferre: So would it be safe to assume, I'm just trying, you know I like to synthesize things so that I can understand what they mean in general and then we can get into the specifics, that there is at least $35,000,000 or more than half of this money, it is direct Federal money that did not care from advaloren taxes is what I'm trying to get to, the home owner, the taxpayer of its home is not involved in paying and picking up the tab for that, is that correct? Mr. Lynch: I'd say thats a very good estimate, yes. Mayor Ferre: Alright, now, of the half thats left of the $35,000,000 thats left. $15,000,000 of it is for the Orange Bowl Improvement, if the voters vote for it in November. Mr. Lynch: Exactly. Mayor Ferre: Now, as you recall in the straw ballot there were 17, there was a 70% yes vote that voted for Orange Bowl Improvements, so we're assuming that thats going to happen again, maybe not in the same proportion, but that $15,000,000 is included in that 72. Is that correct? Mr. Lynch: Thats correct. And the remaining bond funds... Mayor Ferre: Which is about $20,000,000. Zr. Lynch: Have already been sold or have been authorized by the City Commission, to be sold. Mayor Ferre: Not the City Commission, please, the people of Miami, we sell bonds with peoples approval. Mr. Fosmoen: We understand. Mayor Ferre: So, in other words, yea, but there is some people that may not understand that in the public, I want to make sure we understand what we're talking about. What ever we're going to do we're either going to get, ladies and gentlemen, fran the Federal Government or it has already been approved by the people of Miami, in elections, where the people voted for these program, is that correct? Mr. Lynch: Yes. Mayor Ferre: Its not the wind of the administration or the wind of this Commission, is that correct? Mr. Lynch: Thats correct. Mayor Ferre: Alright, now let me ask you one last question with regards to that 26 SEP 6 19T?. is there anyWray that we can transfer any of these monies in the operating budget for police, fire, sanitation, etc? Mr. Lynch: Not to my knowledge. • Mayor Ferre: Is there anyway we can use any of these ponies from the Federal Government, for the operating budget? Mr. Fosmoen: Not from the Federal Government, those funds are ear marked. Mr. Plummer: Now, wait a minute, now thats not true. Thats, remember what he said... Mr. Fosmoen: We have maintenance of services. Mr. Plummer: Remember what he said ok, because if you take the broad teen and I'm not going to play on semantics, but I'll use Joe Grassie's, now is there anyway that we can use Federal monies in the general operating budget, the answer has to be yes, because we are presently using Federal monies. - Mr. Fosmoen: We're talking about the Capital Improvement... Howard can answer that. i ■ fit Mayor Ferre: We're talking about counter -cyclical Public Works money, Community Development Funds or anyother specifically ear marked Federal Programs that we're getting funded, can we use those monies for operating... (IrAuDTAT r) Mayor Ferre: The revenues. Mr. Pluntrer : The answer is yes. Mr. .Lynch: No, we cannot. Mr. Grassie: The answer is no Commissioner, the Federal monies that are shown in this particular document, which is a capital improvement program, are monies that we get awl the Federal Government specifically to do a capital improvernnt project. Mr. Plummer: Ok, I'll buy that. Mr. Grassie: And there are many other kinds of Federal monies, for example; Federal Revenue Sharing, General Revenue Sharing, which is not in this document, which can be used for the general fund. Mr. Plummer: Ok, I buy that, but... Mr. Grassie: But, this kind of Federal money is specific, its categorical and it is given to us to do a project. Mr. Plummer: I agree. Mayor Ferre: But I want to get this on the record so that people understand that this is not discretionary, that the Commission could not sit here and have a public hearing and decide, all we're not going to have such and such a community project we're going to use that money for supplementing such and such, that cannot be done ladies and gentlemen, that against the law, we cannot use Federal Funds that are category grants for one project and transfer them to another project, as I understand it. Now, also with regards to Honey that have been specifically ear marked and allocated from bond issues where the people of Miami, have voted in favor for those bond issues, you cannot take for example; a sewer bond issue and use it for a park, is that right? Nr. lynch: 'Mats correct. Mayor Ferre: Under the law you cannot take money that the people of Miami, voted for the improvement of the Orange Bowl, if they so vote in November and use it to build a park or to make sewers, you know, connectors or to supplement payments in the salaries and payroll of the City Pdvdnistration. Mr. Plummer: Well, here again Mr. Mayor, so we're not, you know, well that we understand each other, lets use one in particular, now the answer is not what you want, lets use the fire bond issue, now can you use monies from that fire bond for 27 • the general operation, the answer of course has to be no, but, lets look in reality tphat happened, prior to that bond issue being approved by the voters, If I'm not Mistaken on your agenda today is approximately $310,000 for new equipment which was prior to that bond issue coming out of:,the general operating budget, once that bond was approved it was switched fran general operation over to the bond issue which I am all in favor of and it makes sense, but what I'm saying to you is that freed -up $310,000 that went and reverted to back to the regular operation of the City. Mayor Ferre: I agree. Mr. Plummer: So, to answer you question yes or no, you cannot take bond money and directly, but in reality what has happen is that it has happened. Mayor Ferre: And Mr. Plummer, I think that what you're saying is that what we're is that as you release one fund, then its available for the general operating fund and we've always done that. Mr. Plummer: Have no,... Mayor Ferre: And we've always done that and there is no problems with it and the City of Miami, has always been run that way, its nothing new. Now, I think it important, however, so that we don't get false hopes up of things that there is certain limitation as to how much of that you can do, J.L. am I right or am I wrong? I mean you can't do it for $72,000,000 worth. Mr. Plummer: I understand, but I just don't want any misunderstanding that you make an emphatic statement, with an emphatic answer, that in fact can be interpreted a different way. Mayor Ferre: Well, let me word it this way, out of the $72,000,000 thats before us in this summary, I'm telling you point blank, categorically, unequivocally, that there is about $35,000,000 of specific Federal Grants, that cannot be used in any other way. Mr. Plummer: Fine. Mayor Ferre: Now, I'm also telling you that of the remaining 36 or 7 million dollars, that there is at least $15,000,000 which is going to be used specifically for Orange Bowl Improvement and that you can't trove in any other way. Mr. Plummer: Well, no thats not true because part of that in the proposal of the Orange Bowl is normal maintenance that we have in there. Mayor Ferre: You knae you don't have maintenance for capital improvement. Mr. Grassie: No. Mr. Plummer: Well, Mayor, if you don't get the approval for the improvements, you going to have to make normal maintenance, if you're lucky enough to get the approval of the bond issue, then the improvements will preclude maintenance, ok. Mayor Ferre: J.L., I agree with what you're saying, I just want to make sure that we all understand that there are practical limitations as to how much you can shift around, and it isn't something as simplicit as saying, well we're not going to do the Orange Bowl or we're not going to build the Convention Conference Center and we're going to use that honey for something else, that cannot be done. Mr. Plummer: I agree. Mayor Ferre: Period, thats all I'm saying. Mr. Plummer: I agree. Mrs. Gordon: I have a question that needs clarification Mr. Mayor,and I have gone through same calculations and I've spoke to Mr. Gunderson, and I want the records to clearly reflect that the millage rate quoted for the bond repayment on the Orange Bowl Bond are not what has been stated to you a little while ago, that impact upon the taxpayer is going to be greater in the early years of the repayment than what has been said and it will be something in the neighborhood of, very close to a .34 instead of a .23, based upon a twenty year 6% payback., Mayor Ferre: Ok. 28 • Mts. Gordon: Will increasingly, as a percentage of the tax roll decrease as the years go on and by the year of 1986, it will decrease, the percentage to tax roll �ri11 decrease as the years go on and by 1986; will arrive at the 2.3 that was mentioned to you a little while ago. Mayor Ferre: Let the records reflect that clarification. Mrs. Gordon: At the dollar amount to the taxpayers, what is important, on a $45,000 assessment with Homestead deducted before that, the impact would be about $15.30 per year, first year. Mayor Ferre: So, in other words what we're going to be asking the voters to vote for in Navenber, for the improvements will cost the, an average house about $15.00 a year and fran there it will decrease maybe down to nine or ten dollars by 1980 something. Mrs. -Gordon: 1986 it should decrease to about $10.00 and some change, but this is the real impact and what people ought to know when they are making a decision upon whether or not they are going to approve this bond issue. Mayor Ferre: Right, ok, anything else' Mr. Lynch: Thats all we have to show you, if the City Commission has no cements we intend to take this back to the Planning Advisory Board, for public hearings before we came back to you for final approval. Mayor Ferre: Let me repeat the statements, so that the people in the public here will hear that who want to follow this, this now goes to public hearings, this is not a public hearing, this goes to public hearings before the Planning and Advisory Board and those public hearings will be when? Mr. Fosmoen: In October and it will be on the six year program. Mayor Ferre: Will this be published in the news papers: Mr. Fosmoen: Yes sir. Mayor Ferre: So that anybody who wants to follow the papers, can see when these public hearings will held. Mr. Fosmoen: There are several summary points I'd like to make, first of all we will be caning back to this Commission with an appropriation ordinance for those projects which will be undertaken or funds will be allocated for during the coming fiscal year, just as there is an appropriation ordinance for the regular City budget. Secondly, we should be looking sometime in 1980 for aitional highway bond funds, in 81, for additional sanitary bond funds, and within the next year, for additional storm sewer bond funds. Mayor Ferre. How such would you feel we're going to need in storm sewer funds in the next year' Mr. Lynch: We had programed $3,500,000 in terns of the remaining... Mr. Fosnoen:• Their six year program. Mayor Ferre: Where are you going to be getting the funds for that2 Mr. Lynch: We only have enough funds available for one year of that six year program, 77-78, thats all. Mr. Fosmoen: What we're saying to the Commission is... Mayor Ferre: We don't have an election as you know, beycod NovE ber until November of the following year. Mr. Fosmoen: What We're saying to the Commission is that there are not sufficient funds to carry cut a full six year capital improNmnExitprtgram for storm sewers. Mayor Ferre: I understand the point. Mr. Fosmoen: And that one of the advantages of the Capital Improvarents Pram and we began to find that out in advance so far. Mayor Terre: Yes sir, and I think you've done one heck of a fine job, I think this is Very'very explicit and very clear and it points out a definitive picture of what needs to be done over a six year period and.that way we want have any surprises and we can plan. .A Mrs. Gordon: Mr. Mayor, may 'I compliment the people that prepared this report, because I think for the first time since I have been a Commissioner, have I had this kind of information available to me, I had never before been able to look in any document at all and been able to understand and know exactly how much money we were indebted for and how much money we anticipated receiving Luau anticipated increase in our tax space in future years and all this is in contained in this document, its a very valuable document for us to retain. I would like also to ask the Manager, if he could compile for us a document which would give us the information of all public properties that the City has title to, we would find that extremely valuable for again, to understand specifically what we actually own as a City and the values of those properites, where they are located and what they are worth and who's using than and who we've got them lease to and haw much return we're receiving on the leases if any, is that possible Mr. Grassie, that you could be able to compile this so time in the near future, I know its not an over night job. Mr. Grassie: I know that this has been done about four years ago, I believe Commissioner and I would have to have somebody look at it and see what is involved in bring it up to date. Mrs. Gordon: I would appreciate that very much. Mayor Ferre: We do have that by the way and I have a copy of it I'h be happy to lend it to you. Mrs. Gordon: Its four years old Mr. Mayor. Mayor Ferre: Its four years old, thats correct. Rev. Gibson: Mr. Mayor, while we're speaking about prop�:y and who owns what, I hope the Manager, will say to maintenance department, that former jail and court building that used to all black, that those senior citizens are ud.ing now for that meal, that they need to really go over they and do something about that building so we the City won't be quite as embarrassed, you know as we are. The doors and no air conditioning, those poor elderly people are catching the devil. I'd like to put that for the records so they know I made the request for them, that they said to me when I was there, I even ate a meal, they didn't thank I'd eat that meal, I said why do I want to fool you, you know, but oh, It was hot than hell in there for those people. r Mr. Grassie: We'll look at it right Mrs. Gordon: Mr. Manager, are these we have received? Mr. Grassie: Certainly, I don't how make them available. Mayor Ferre: • If anybody want copies we need three. away Commissioner. available to the public, these reports that many copies we have, but we'll be happy to now raise your hands and see haw many extras, Mrs. Gordon: I would wthat i.f anvone receives this and looks in it, on page 67, they'll find a thorouth analysis of the debt service obligation and that in 1978, even with the Orange Howl Bond Issue being passed, there is going to br a one mill increase in taxes to pay the bond indebtedness on the already incurred debts that we have, thats about a $45.00 increase right there. Mayor Ferre: I might point out on that subject, just for general information and I'd like for the Manager, to write us a memorandum with the specifics. We in the City of Miami, have about a three percent debt service on taxes, on our tax base, in other words the State of Florida, allows for you borrow up to 15% Now, theoretically lets say that our tax base is $4,000,000,000, we're close to that aren't we? Mr. Grassie: Almost, $3,800,000,000. Mayor Ferre: In other words all the land that we tax is $4,000,000,000, that Mean that we could borrow up to $600,000,000 and thats about what we can borrow 30 SEP 8 19771 about $500 and Bade odd million dollars, now that of course would make us like t3ew York, borrow 5 to 600 million dollars, we're borrowing a $132,000,000 now, Which means that our borrowing capacity out of 15%, we're only using 3 to 4%, haw for that reason the City of Miami, is classified by Standard and Poore, and by Moody as an A one and an A plus category, for example let me compare another City, Philadelphia, ok, Philadelphia is a little bit larger, substantially larger than the City of Ydam i, they have a B minus rating, they just went from B to B minus, Pittsburgh, Boston, most of these northeast Cities do no have an A rating, the City of Miami, has an A one and an A plus rating, the reason is that we have been and continued to be fisraily conservative and that we're not using any where near what average Cities in the United States are using in borrowing capacity, we are not borrowing any where near what we can and I think its very important for you to understand that. Mr. Grassie: Mr. Mayor, there was one policy question on which you expressed yourself and I wonder whether the rest of the Commission might want to, it had to do with full funding of the parks for people program and the rest of the neighborhoods and you expressed yourself in approval and in support of the recommendation that was being made to you by the staff, I wonder whether you want to make that a City Commission policy? Mr. Plummer: Well, let me start at this end and I agree. Mayor Ferre: Well, let me, excuse me J.L., because I want to make sure that we well understands what we're talking about. We're about $1,400,000 short and there several ways to do that, we can take all the projects that we have and say ok, each district get chopped a certain amount so that we end up with a cut on Coconut Grove, a cut in Allapattah, a cut here, a cut there, ok. Now, if we were to do that the Downtown area would lose about a million dollars, now the administration is recommending that instead of doing that, that we take it all fran Downtown and the we get a $1,400,000 for Downtown instead of taking a little bit away from allapattah, a little bit away fran Cu]mer and a little bit away fran Little River and a little bit away, so on see. Mrs. Gordon: You've got to be kidding. Mayor Ferre: Now, what I'm saying is that I am a strong and firm advocate that we gave too much emphasis in that bond election to the Downtown area and where we need the help is out in the neighborhood areas and in my opinion we ought to take the full $1,400,000 from the Downtown area and give to the neighborhoods, which is long over due and much need and thats my personal opinion. Mr. Plummer: And I agree. Mrs. Gordon: You are saying now that you have same other source of revenue to supplement that one million and four that you are taking away, because you have already became committed and this far it has as a policy became committed to a quick taking on the FDC property, are you saying that you want to take it away from that fund, if you aren't, then tell me you're not, I don't know. Mayor Ferre: Mrs. Gordon, I'll take it away from that and any other fund that we can get, so that the people in the neighborhoods of Miami, that have been suffering a long time while we've dumped millions and millions of dollars into Downtown and. get a little bit and I'll tell you about my precision, you know there is a railroad track called the FDC Railroad, I'm more interested in what happens west of the railroad trackSthan what happens east of the railroad tracks. Mrs. Gordon: Wards are cheap, action speak louder than words and I haven't seen a great demostration of concern in pass years, its vexy hilarious to me. Mayor Ferre: Is that a fact. Mrs. Gordon: Yes it is, its a fact, an absolute fact. Mayor Ferre: I see and you're going to document this. Mrs. Gordon: his is a political year and we have an election, suddenly we have a deep concern for what west of the tracks. Mayor Ferre: Ah, Mrs. Gordon, I tell you I'm not at all surprised at your words, they are very typical of the way you approach things in this Commission, now anything else? 31 SEP 8 1977 1 Mrs. Gordon: Yes, that this matter should Dune up a public hearing, the matter that you just brought up. Mayor Ferre: Mam, that your personal opinion, now you want to put that to a vote? You make the motion, put to the vote, you're such a hot shot, go ahead, go on. Mrs. Gordon: Mr. Mayor, I suggest that this was not A part of the agenda items, that this item you're discussing right now was not a matter for our consideration and the vote you're asking us to take right now, was not a matter that we had been told we were going to take a vote on. Mayor Ferre: Madam, it is on your packet, it is on page, would you tell her the page? Mr. Plummer: 45. Mayor Ferre: 45, you had it for the five days and I say it is part of this agenda. Mrs. Gordon: Well, I say that what you're saying is not, the taking of the money from the Downtown area and placing it in other areas was not an agenda item and I disagree with you. Mayor Ferre: J.L., whether its in the Committee of the whole or whether its part of this Commission hearing, it is in the packet, it has been properly given to us five days, the Manager has asked for discussion and a policy be established and I have just expressed my opinion and you have just expressed yours... Mr. Plummer: Well, Mr. Mayor, I've expressed my opinion, but what I'm getting on a technical point, under the Committee of the whole Mr. Mayor, you cannot set a policy, this for discussion, now if you want to go down to the regular agenda and ask for that to be on, then I think its well within order, but I think all he has asked for is not a vote, an expression. r Mayor Ferre: Thats all he's asked for. Mr. Plummer: Am I correct sir? I have expressed myself, you have expressed yourself, if the other wish to do such including Mrs. Gordon, fine, if they don't want to express themselves, fine. Mr. Grassie: I would characterize it a'little bit different than that Commissioner, in terms of moving ahead with projects, we need to know what the budget for each district is going to be. Mayor Ferre: Of course. Mr. Plummer: I agree. Mr. Grassie: We want to do that with your having set the policy for the action, if you want to take an informal opinion poll here and have us record'that in the resolution later, we can certainly do that or if you simply want to take a vote we would consider that that is your policy, what ever you wish, but we do need to know how you feel about it. Mr. Plummer: Mr. Grassie, we don't disagree, I'm talking about a matter of procedure, under the Committee of the whole, that is as I understand, the principle set up for educating the Commission. Mr. Grassie: Mr. Plummer, I'd hope that it would work that way, as you know you take many votes in this session. Mayor Ferre: Well, how arse all the sudden on this particular... Mr. Plummer: Because Mrs. Gordon, has called your hand, thats why. Mayor Ferre: And the Mrs. Gordon: Because with the principle of point is simply... Mr. Plummer, is very fair and is willing even though he disagrees what I'm saying, he's saying that I have a right to say it. Mt. Plummer: Right on. Mayor Ferre: And you do have that right and 32 does everybody else and the point eA is that this ComMission has on at least 30 or 40 occasions on Committee of the wholes 10 c i records expressing an opinion. Mrs. Gordon: Well, there has been no disac�reenent Mr. Mayor, thats a different story, but you have a disagreement of opinion now and you could respect that disagreement of opinion, and not be, you know, so hot headed about it. Mayor Ferre: I pass the gavel to Father Gibson, and I move you sir that the City of Miami, Commission officially go on record backing the administration's recommendation that on the shortfall of 1.4 million dollars, that it not be taken against the neighborhood parks and that the full amount be taken from the Downtown area projects, I so move. Mr. Plummer: Point a personal privilege. Knox would you rule sir on the legality of passing a policy notion of this Commission under the terms of Committee of the whole? Mr. Knox: A motion by definition is an informal expression of the Will of the Commission, which is of course not binding upon anybody. Mr. Plummer: So, what your legal opinion is, yes it can be done. Mr. Knox: Yes a motion can be passed on a Committee of the whole. Mr. Plummer: Thank you sir. I second the motion. Rev. Gibson: Alright, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 77-691 A MOTION STATING THE POLICY OF THE CITY CCMMESSION AND BACKING THE RECOMMENDATIONS OF THE CITY' S ADMINISTRATION THAT THE $1.4 =LION SHORTFALL IN THE PARKS FOR PEOPLE BOND FUNDS EXPENDED IN THE COCONUT GROVE VE AREA NUT BE TAKEN FROM ANY PROPOSED NEIGHBORHOOD PARKS, BUT BE DEDUCED IN ITS IIwrory FROM THE DOWNTU4N PARKS FOR PEOPLE BOND FUND ALLOCATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore Gibson NOES: Commissioner Rose Gordon PRESENTATION BY MANAGE" SERVICES aN. iVt l of 1577-1978 .i Mr. Grassie: I wetld like Mr, Heward Gary, to introduce the subAect. Mr. Gary: Did each of you bring a copy of your budget with you? We have extra copies here. If you review the helm) I just presented to you, it gives you an over view of the budget for 1978. Now, this overview attempts to first tell you about the problem as presented to you as of the third budget status report and then we'd like to proceed to explain to you how the problem was resolved and then we'd like to show the effects of the budget reductions in terms of people and second in terms of service and finally we would like to show you some of the alternatives to minimize the affects of the budget reductions on employees. First review, look section roman numeral I, it says budget problems assumptions made for 78. This gives a highlight of the problem as you last know it, firstly we had approximately 3.4 million dollar decrease in revenues and this decrease was attributable as you see on your paper to the reduction in the FPS franchise fees, 1 million dollar reduction in revenue sharing, the reduction anticipated salary savings of $500,000 and reduction of fund balance of $600,000. Now, we also have sane offsetting increases in revenue those increases are as follows: counter -cyclical revenue sharings, congress passed an extension of counter -cyclical revenue sharings and as a result we anticipated receiving an additional 1.1 million dollars next year, secondly as a result in the of the tax base fran 3B and 73B and 8, thats a $800,000 increase and the thats. the normal , thats assuming his same tax rate of 95 92 on the new assessed evaluation. Now, if we increase that tax rate fram 9592 to 10 mills, that would generate an additional 1.5 million dollars, so the net revenue change is zero, however, on the appropriation side of the ledger we've had same increases, the first being the 5% projected salary adjustment for all employees, representing a 2.7 million dollar increase over the current year, longevity and anniversary increments, approximately $800,000, non -payroll increases as a result of inflation, $900,000, and the big item is the increase in the pension, of 3,000,000, as a result we had a 7.4 million dollar increase in appropriations with no corresponding net increase in revenues. Now, how was the problem resolved? If you would turn to the next page you would see a number of revenue increase As a result of the City Manager's efforts to minimize the budget reductions and to include all revenues available to us, he instructed the budget office and the finance department to review and update our revenue projections. Now, as a result of that review 4.65 million dollars was generated, this increase is due mainly, the significant ones at least, mainly attributable to an increase in the Metro --Dade County Court payments item number A-H on your sheet, of one million dollars. We also, received... Mrs. Gordon: Gary would you just say one thing about that J... Mr. Gary: Sure. Mrs. Gordon: That fund balance, is that the monies that were left over because we didn't give the salary increases? Mr. Gary• No, the fund balance is due mainly to increases in revenues for this year, the fund balance, the 31% salary increase you're talking about, you have items on your agenda that would almost exhaust that fund, the main reason for the exhaustion is due to the fact that this year we had budgeted it and severance payed one million dollars. Now, we are projecting to the end of this year that, that cost would be 2.3 million dollars, thats a 1.3 million dollar increase, plus we are experiencing excessive... Mrs. Gordon: Are you saying that there were that many more who last are employed and has therefore caused us that additional. Mr. Gary• Yes. We also have an item including and thats the amount of money the county is going to pay us fran Dodge Island, which is approximately $500,000. Mr. Plummer: Wasn't that money immediately pledge for something? (I TRT.r,) Mr. Plummer; Yea, that money as I recalled, Mr. Mayor, we're berg paid +$5QQ,000 for three years, correct? And as I recalled... 34 SEP 8 1977a ■ ■ ofig 41 Mt, Gtassie: Two payments of $500,000 aru34a last payment of $300,075 I believe sir. Mr. Plummer: And as I recalled Mr. Grassie, please if I'm wrong correct me, but that money was inmadiately pledged for same reason and something sticks in my mind for , now, you better check, ok, I recalled something, alright go ahead. Mr. Gary: It wasn't a pledge, I know what you are talking about, but it wasn't a pledge. Mr. Plummer: Ok, I'm wrong. Mr. Gary: Also, since the third budget status report we were informed officially by the office of federal revenue sharing that our allotment for 1978, would decrpaqp by $800,000, so that the net significant revenue change is approximately 3.85 million dollars, however, on the appropriation side we have increases in the severance pay account of approximately 1.3 million dollars, workttens ccmpensation of $700,000 and a deficit in the enterprise fund. I'd like to ask you to turn to page 22 of your budget. Mr. Plummer: White or blue. Mr. Gary• Blue. If you will notice we have summarized all of the enterprise funds for you. In the first column is the revenue estimate, the second column is the cost for operations, the third column is unallocated funds, the second column is reserved for capital improvements and the other column is a total to all of those prior to that. Now, if you look at the last column you'll realize that we have certain deficits in our enterpise funds, Miami Stadium being one, Marine Stadium being another, Auditoriums being another, Dallas Park and Community Centers. Now, in the past we have permitted the enterpise funds to budget or to operate without sufficient revenues and at the end of the year that situation will be corrected. However, our accountants, our auditors and sound fiscal practice tells us that you should not deficit budget, that you should appropriate at the beginning of the fiscal year for all operational expenses. Furthermore, on that appropriation side we've had to eliminate positions, for the general fund we have eliminated 380 positions, these filled positions represent about 2... excuse me 380 positions, of the the 380 167 are filled, that generated about 2.3 million dollars, the remaining positions, the vacant positions generated about 2.5 million dollars, as a result we save 4.8. Now, the net appropriation change is approximately 2.1 million dollars, so the total significant changes since the third budget status report is approximately 5.9 or 6 million dollars. Now, how does this affect departmental budgeted positions? This is item C an the memo, we've attempted to break this down for you in terms of filled, vacant and total positions by departrnents. Unless you have any questions... Mr. Plummer: Mr. Gary, would you repeat again sir, you're talking about frail the year 77 to 78 and did I understand you correctly to say that a total, whether they are people or vacancies was 380. Mr. Gary: 380. Mr. Plummer: May I divert your attention to page 27 of the blue book and ask you, my figures relate to me that its a total of 422, using your figures. If you use column three and subtract column six I come up with a minus 422. Mr. Gary: Column three is the adopted budget, if you recall after the budget was officially adopted we had some modifications to the budget which is column five, where it say revised budget 1/20/77, at that time we eliminated 173 positions last year, this was finance the 31% salary increase. Mr. Plummer: In other words what you're saying is column five is deducted... Mr. Gary• Yes it is. Mr. Plummer: Fran column six. Mr. Gary: Right. Mr. Plummer: Even though the boo}S is modified on -1/27 Of this year, shows the other figure. Mr. Gary: Right. Mrs. Gordon: Gary would you go back again to page 2 of this handout you gave us and your revenues you have 3.85 additional revenues, is that correct? • Mrs : Yes. ems. Gordon: And appropriations which it: effect are expenditures to be budgeted, dorrect? Mr. Gary: Yes. Mrs. Gordon: Why do you add the two together to give us a total significant change? Mr. Gary: Ok, the problem was offset, we gain 3.85 million dollars since the 2.1 million dollars net as a result of add those two together to tell you the report. the net significant change tells you that third budget status report and we save various budget reductions, so you have to total savings since the third budget status Mrs. Gordon: Oh, you've subtracted it the other way also? Mr. Gary: Yes. Also, in response Commissioner Plummer, in the third column that was adopted 76-77, for some reason before I got here there were some additional modifications to the table of organizations, after those modifications the revised budget was reduced by 173 positions and you remember in that 31% budget manual we submitted to you, 31% budget reduction brochure, it reflects those 173 positions that were eliminated to finance the 31% salary increase. Mr. Plummer: Well, all I'm reading from is the latest statistics which were efforted me and thats this book which is modified as of 1/27/77. Mr. Gary: I'd like to mention that in that budget document the figures were changed but not the TO's. Mr. Plummer: Well, if they are changed then I can only go on what I have. Mr. Gary. I agree. If you'd look on page three the key item is the subtotal that says 166 filled positions, right at the top of the page. Those are general fund positions and 212 vacant positions four part-time, for a total of 378. New, if we go right dawn next to it the enterprise fund also expects to get rid of one filled position and one vacant position for a total of two and a 378 plus a two gives us a 380. In addition to 380 general funded enterprise positions we are also piol.,usinc that 106 CETA_Positions be eliminated and those 106 are broken down to 68 filled and 38 vacant. Now, in terms of bodies, you know we can always think about the inputs, but the most important part of any budget is what do you plan to receive for those inputs and in terms of service, the affects of these reduction on services is ranan numberal number III. Ok, item 3A is the fire department, in the fire department it is proposed that 73 positions be eliminated, the affect of the elimination of these 73 positions on service are as follows; the removal of hose number 2 , the removal of engine three, the removal of ladder eleven and the removal of rescue 8. After each section identifies where those particular apparatus are located as well as the affect. In the solid waste department, which was previously known as the sanitation department, 122 general fund positions will be eliminated plus 74 CETA, for total of a 196 Positions. As stated in B2 the services would not be affected provided that the root balancing system is implemented. Mom. Plummer: Well, let me ask this question, of the 122 that are being eliminated is that mostly the 120 that were eliminated because of the incinerator? Mr. Gary: No, that happen last year. Mr. Grassie: No, it has nothing to do with the incinerator. Mt. Plummer: So, in other words this 122 represents beyond those 120 which were eliminated for the incinerator operation. Rev. Gibson: Are you telling me you're going to effectuate all the savings in one place? Mr. Grassie: No sir. No the savings have been allocated to all of the departments equally. Rev, Gibson: Yea, but you only effectuated the numbers, 36 o ▪ w Mt. Ctassie: The guide lines to the department were based on dollars and the discretion within the department is to how they would generate those dollars, NOw, in some departments they had many rrore vacancy than in others, an example is the police department for example. rev. Gibson: Man Plummer, you're a profit man. Mr. Plummer: I haven't said a word yet. Rev. Gibson: You're a profit man. Mr. Plummer. I told you for three years the day of reckoning had to come, welcome home you're here, thats no reflection on you sir. Mr. Gary: Ok, in the police department a 112 positions will be eliminated. Mr. Plummer: It is proposed. Mr. Gary: Proposed, excuse me. The principle services affected will be the mounted squad and the school resource officer program, it is proposed that the mounted squad be eliminated and the assignment of police officers in senior high schools be curtailed, that does not mean that the school resource officer program will be eliminated, but that it would be limited to junior high schools, now if the school board honors its commitment to assign security officers at the schools then we don't envision any problems. (fl DDTRLF) Mr. Gary: Yes. Now, one of the most important parts of this budgetary process, unlike the past has been the amount time we've spent on finding alternatives to minimizing the position reductions, mainly for those people who will be, which are proposed to be Laid off. We spent numerous hours with the department of labor officials, we met with them here, we met with than in Atlanta. As a result of those meetings we've obtained approval from the deputy regional administrator, for the department of labor to re -hire all of our layed off people and this is very unusual, all of our layed off people under the C'rA program. Mayor Ferre: You better explain this very carefully now, are you talking about C TA 2 positions? Mr. Gary: Yes, we're talking about CEI'A 2 positions. Mayor Ferre: And You're talking about a total of... Mr. Gary: 167. Mayor Ferre: 166 people. Mr. Gary: Yes, 167 with the enterprise. Mayor Ferre: 167, ak. Mrs. Gordon: Mr. Gary, can I ask you a question on this because I have read that the CETA positions, persons to qualify for a CETA position most be out of work for fifteen weeks and this letter that I have in hand refers to thirty days, where is that difference? Mr. Gary: Ok, title 6 is fifteen weeks, this is under title 2 and the requirement is thirty days. Mrs. Gordon: And what is the major difference between title 2 and title 6. Mayor Ferre: And title 1, and we have different... Mr. Gary: I don't know all the particulars, maybe if the Human Resource Director, is here he can explain it to us. Irs. Gordon: Its important because its a part of our major consideration. Nr. Krause: Well, the title 2, was the first part of the emergency employment under the Comprehensive Employment and Training Act, it was intended as long tern e ploynent, title 6, was developed later and was intended as a supplement for more 37 STD P 1o7 Ahbrt term employment, the frost recent ant to title 6, has been to add falding that is limited to special projects that Dist only for one year and those ate the projects that require the fifteen week unemployment. Mr. Plummer: Mr. Krause, what would be the posture as your proposal for those people who will be layed off for thirty days as I understand it and would be re -hired, what posture would they be in sir as CETA employees? Mr. Krause: It would be my understanding that they would return in the same status in which they left, that is people who a with civil service classified employees who had completed their probationary period and had achieved permanent status would return as regular classified employees, those in their probationaty periods who were reemployed under CETA would be reemployed as classified employees with the requirement that they'd L'aplete their probationary period, it may also be that CETA employees would be layed off and would also be recalled and it would seer to me 'that one of the things the City Government should work towards as a policy matter if this alternative to the budget problem is accepted, would be to take steps that would help to assure that CETA employees in both categories would be able to achieve classified status in the City employment system. Mr. Plummer: At the present time we are not covering to my knowledge any CETA employees under pension, is that correct? Mr. Krause: That is essentially correct, there are one or two exceptions to that in individual acceptance. Mr. Plummer: Now, what would happen to the status of these who would be re -hired, this 167 as to pension and other fringe if you wish, that are not presently being payed to CETA employees? Mr. Krause: We've discussed this with the City Manager, the only benefit that is not now available to CETA employees is the pension benefit; all other benefits of leave and insurance are available and are paid for. Its my understanding the City Manager would intend to make a recommendation to the Commission, that the pension benefit be made available to all CETA employees. Mr. Grassie: Yes, that is specific in, maybe not specific enough, but its certainly specific if you analyze the budget letter, one of the things that you would not about that letter is that I make a distinction between the use of CETA Honey to support a position and lets take an explain, lets take a police position, a police officer's position, we can use up to $10,000 of CIA money to support that position, it is my recommendation that we find an additional $15,000 to bring that position back, now that involves the general fund paying $7,000 out of that $15,000, $7,000 for the pension for that officer, so within the $25,000 total position cost that you see in my letter there is $7,000 which the City would continue to pay for the pension of that individual. Mr. Plummer: Mr. Grassie, is that going to place us in any jeopardy with the remaining 6 or 700 CETA employees? Mr. Grassie: One of the major things that we were able to accomplish through the negotiations with the labor department, was to be able to answer no to that question, that is they final agreed with us that doing what we're to do would not jeopardize our use of CETA for other employees or for people who are existing on the program or who maybe with social service agencies or some other program. Mr. Plummer: But it doesn't preclude their demanding of this Carmission equal treatment. Mr. Grassie: Well, I'm assuming that you are talking about the CETA employees at this point. Mr. Plummer: er: Yes sir. Mr. Grassie: Federal law has for several years_ now, specified that CETA employees would be treated as our other LCity employees in the same classification. The fact is that the City has not fully lived up to that in the past, we are moving and have been moving for several months towards correcting that situation, I don't think that there is going to be a demand placed on the City because we are moving in the right direction of complying with the law. M. Plummer: My final question to you Mr. Krause, has there under this proposal bedh established a manner in which those:loyees who are laid off re -hired 'ceder CETA, is there a formual or a register as we know for reemployment into the normal payroll as those positions become available? You understand what 'tn saying? Mr. Krause: I do understand what you're saying Mr. Plummer: It is my understanding that the layoffs will cane about by virtue of the last one hired will be the first one to go, now is that going to extend in the administration's pi.vpusition to the re -hiring under regular payroll as it becomes available drawing from those people who have been put in CETA. Mr. Krause: I think there is two elements to the answer, one is that there is an obligation on the City under the CETA law, to place CEMA employees into un- subsidized employment, which means that we have an obligation to transfer people from CETA funding into general fund positions as the funding becomes available. I think also that one of the things that the administration will have to do over the course of the next year is to maintain a very close budgetary control so that ■ it is not faced with this same problem next year, of layoff and recall because this is probably the one and only time that we're going to have an extra CETA supplement available to do that, so that it may not be possible to transition people into general fund positions as quickly as the positions became vacant because it maybe necessary to hold funding available for next year, but thats more of a budgetary problem that I'm not competent to answer. Mr. Plummier: Mr. Krause, thank you for your answer sir, but you didn't address the problem. Now, the question once again sir, those people who will be scratched under the CETA program who are laid off employees, will there be the rule as we know it try for re -hiring then under the positions when they became available in the regular budget? Mr. Grassie: If I understand your question Commissioner, you're asking whether people who are layed off will have automatic seniority on recall similar to the kind of seniority they have in there present position? Mr. Plummer: Right. Mr. Grassie: The answer in my estimation, Bob correct me, is yes they will. Mr. Plummer: That what I want to know. Mr. Grassie: Now, there is one other thing that we should mention to you simply so we don't forget it, I know that you know it and that is that there is a 11 million dollar vacancy fund or salary savings fund which we still have to, we have to make or else we're going to end up with a unbalance budget at the end of the year, so in terms of filling vacancies immediately we still have the problem of making up that old... Mr. Plummer: Vkrittling away at it. Mr. Grassie: Yea. Mr. Plummer: Ok. Mrs. Gordon: Correct me, did I hear you say Mr. Grassie, that the insurance, hospitalization insurance and so forth are now being given to all the CETA person who are employed under the City. Mr. Grassie: We have in the last several months, move to include those employees in all of the regular benefit and my impression is that that has been accomplished with the one the one exception of the pension system. Mr. Krause: Mats correct. Mr. Plumper: Well, but we're reimbursed aren't we, by the Federal Government, for hospitalization? Mrs. Gordon: No. W. Grassie: Well, no we're not if the person is making, let us assume $1.1,000 of salary, anything over $10,000 Comes out of the City. Mrs, Gordon: that means a portion of the salary as well the fringe, Mt. Grassie: That is correct. Mrs. Gordon: You're then telling n that, I think I might be mistaken but had the impression that there was a 10% factor involve with regards to the funding that applied to the City, to those persons who are earning $10,000 or less for the fringe benefits and that that in itself, the 10% wouldn't cover the, all the benefits, am I wrong? Mr. Krause: Let me take this shot at it, CEI'A ennloyees are eligible to have their salaries reimbursed up to a maximum of $10,000 a yaar. CETA will also pay for fringe benefits that are accrued on the first $10,000 of earnings, so that in effect we are, the $10,000 employee, we get maybe $11,050 reimbursement for the salary and fringe benefit, but when we get into the galaries of $15,000 and $18,000, we still only getting the $11,050 reimbursement. Mrs. Gordon: I see so its just those below that level, that we get reimbursed and those above we have to pick up the tab. Mr. Krause: Thats correct. Rev. Gibson: I want to raise a very important aspect of this layoff business, I want the Mayor and Mr. Reboso to hear this. The people who will be affected most and couldn't afford it, are those, that large number of people you put in this budget mess, very interesting thing, thirty days to those people is like life and death, I hope that before we deal with this budget, you know much more, I want the Mayor to hear this, that you know we talk about some of those other folks other than the services folks,I don't know if you all understand what I'm talking about, because thirty days to some of these other folks would be life and death and I going to question like hell whether or not we need to get some of those other folks who are not fire, who are not police and certainly who aren't sanitation workers, so make sure you got all of that together in that package, ok. Mr. Gary: In addition to being able to hire the CETA people there are some restrictions, as you all know you have to be unemployed for thirty days and you have to be a resident of Dade or Nbnroe County. It is in vision that the 2.6 million dollars available to us would generate 260 positions as a result we only have 167 positions to fill so that is more than adequate, however there is a requirement that we pay an excess of $10,000 salary, as Mr. Grassie, said before if an employee makes $11,000 we have to pay the $1,000 and CETA will pay the $10,000. If you will turn to page four and five of your budget message, what Mr. Grassie, has attempted to explain to you is the cost to re -hire an average fire fighter, police officer, and general employee. For police and fire with fringe benefits the salary is $25,000, so the City would have to pick up an additional $15,000, for a general City employee $18,000 and the City would have to pick up $8,000. Now, if you would turn to page five Mr. Grassie's message identifies the amount of money the City would have to make up in order to bring back the 167 people, the total cost to the City would be approximately 1.4 million or 1.5 million, the cost of CETA would be 1.67 million. Also, in the message he outlined some alternatives, one of those alternatives which Mr. Grassie explains that he highly recommends is the reductions in the salary increases granted for police and fire, instead of giving 5% we're requesting that we grant them 2%, for thats an alternative available to you that would generate $780,000 which almost meet the $795,000 required to bring back police and fire. Mr. Plummer: Mr. Gary, let me stop you for a minute, because I don't want anybody going away from herewith a misunderstanding, You made a statement that it was our, referring to the Commission's alternative and... Mayor Ferre: Mr Plummer, excuse the interruption but I want to make sure that we all understand very clearly that we're not coming to any conclusions here today, the only purpose of this hearing now is for the Manager to have as un- interrupted as possible the opportunity to :hake his statement to us and then for us to ask questions, Father Gibson, this is not the mint as I see it, now personally for us get into conclusion, now if the Commission wants to of course you're entitled to, but I just recommend that what we do here listen ask pertinent questions and get ready then for what I think is going to be a real serious public debate. Rev, Gibson; I want to agree with you Mr. Mayor, but I also want the Manager 1 and the staff to also get themselves together to respond to some the reactions We have too, because you know some of these people are mighty careless man. Mr. Plummer: Mr. Gary, getting back to my point, as I understand it unless I'm wrong it is not an alternative of this Commission to reduce that 5% to 2, that is solely in the perview of the unions, because as I understand it that is an negotiated contract and I would assume this Commission would honor that contract which we signed in good faith and they did, so as I see it it is solely upon the unions or the employees which they represent to make that concession, I don't that there is any, any chance that this Commission can say ok employees we're only going to give you two, am I correct in that statement? Mr. Gary: Yes you are. Mr. Plummer: So are the only ones who can make that decision is not the administration, not the Commission, but the employees? Is that a correct statement? Mr. Grassie: The recommendation on page five, third paragraph Commissioner is that the City negotiate with the police and fire unions a reduction in the salary increase. Mr. Plummer: Yes sir. Mr. Grassie: And that is what we are proposing, that we negotiate with the union. Mr. Plummer: Ok, what I'm saying is if the union says no to your proposal then its over. Mr. Grassie: It is because of that that we have alternatives, you are right. Mr. Plummer: Yea, ok, fine I just want that understood, that this Commission can't break a contract which we made, so as I see it the only ones who can reduce from five to two is the employees, we can retest it, we can hope you can negotiate it, but they are the ones whc have a contract through this fiscal year. Mr. Grassie: That is correct. Mr. Plummer: Ok, I want that understood. Mr. Grassie: Now, that is true of police entire of course... Mr. Plummer: Only, I understand that. Rev. Gibson: I have a question has the administration even entertained any discussion with the union? Mr. Grassie: We as you know have made this recommendation in the management letter and distributed on Friday. In the intervening days we have not approached the union until this was discussed with you, once it has been discussed with you today our next step would be assuming that there is some concurrence, if its a reasonable course of action, our next step would be to enter into discussions with the employee representatives. Mayor Ferre: Anything else? Mr. Plummer: Carry on. Mr. Gary: Ok, a further alternative is a 3% retention of salary incrpamPs for general employees for which we have no bargaining units this time and no contract also, included in the message are some other alternatives which involves various types of pension reductions which are on page six and seven and I think the final comment that the City Manager Makes in his budget, is that if all of the four mentioned alternatives fail that the City Commission review the fire department's with the hope of returning back 25 of the 36 fighters to permit us to retain rescue 8 and laci6pr 11. Are there any questions? Mr. Plummer: Mr. Gary, let me ask you a question sir, it has been projected that this year deficit is orginally known as 7.4. Mr. Gary• Right. Mr. Plummer: You have refined that and updated it to be in a deficit of 3.85, Mrs Gary: No I think it was... Mr, Plummer: Excuse me, 5.95, Mr. Gary: 5.95, right. Mr. Gary: There is a rumor and I'm asking you whether it is correct, that there is a projected deficit by your department for 78-79, that we know what it is for this year, but it is known that the deficit next year will be even greater, have you in your department made any projections as to next year, does it in fact show we're in to more serious problems than this year? Mr. Gary: The answer to your question is no, we haven't had time to look into next year, we haven't made any projections at all to next year. Mr. Plummer: None. Mr. Gary: None. Mr. Plummer: To the best of your off handed opinion is it, looking down the path a year, that we will be in the same boat, we will be better off or we will be worse off? Mr. Gary: No comment. Mr. Grassie: If I can answer that question Commissioner, two things, one you know we have established the practice early in a calendar year and this year we did it in April, to give a synopsis, to give you a snap shot of what the next budget year i. likely to look like, we're going to do that again, so as soon as it is reasonable to make that projection we will be making it and getting it to you. But the more important point is that this budget in terns of what is supported by the general fund is reducing the obligation of a general fund by 380 positions, now that is the key to being better off the next than we are for the up coming year, that is better off in fiscal 1979 than we are when we're facing fiscal 78, so my answer to you is one, you're going to know reasonably quickly so that you're not going to be surprised at the last minute, but more than that because we are reducing 380 positions, there is a reasonable expectation that we're going to be better off in 79. F.• Mrs. Gordon: A couple of questions Mr.'6rassie, the seniority of those persons who will be on the layoff list agreed hired by CETA, will their seniority continue to grow while they're in the CETA positions? Mr. Grassie: Yes, with the exceptions of the thirty days, they will not get seniority, credit for the thirty, but it is our intentions to maintain the continuity of their benefits and to arrange it so that the fact that they are an layoff does not interrupt for example does not interrrupt their longevity period, accept for the thirty days. Mayor Ferre: Mr. Grassie, let me ask you this again, because this is one of the real key points on this hold CErA recommendation, as I understand it Atlanta and Washington turn down the fiftee4 we requested for a fifteen day, you requested for a fifteen day reduction. Mr. Grassie: Yes as a mattes of fact the Atlanta staff agreed with us to give us fifteen percent at one point. Mayor Ferre: And then Washington over turned that. Mr. Grassie: But, their legal counsel told them that was simply illegal, they could not do that. Mayor Ferre: Alright, now let me ask you this, on the question of the thirty day layoff, if you will or dry period, debt period or what have you, is there anyway that we can out of any other funds, supplement these people or assign then to other jobs or do something so that you don't have people without pay for thirty days, as Father Gibson, says people who can ill -afford to have no pay check for a thirty day period. Mr. Grassie: 'The person will get unemployment benefits, thats one thing. Mayor Ferre: It is for a thirty day perms. • ■ EKL mter wee- - Mr. Plummer: I thought you had to be out of work thirty days before you can get unemployment. Mayor Ferre: I think its right, there is a Certain time requirement. Mr. Plummer: There is term, that you better be unemployed, before you can collect unemployment. Mayor Ferre: In other words you can't go off the City payroll on a friday and on noonday start getting payroll. Mrs. Gordon: No way. Mayor Ferre: I mean unemployment, ok. So, tell me how these people are going to eat, for the thirty day, well, what I'm getting to, I'm not trying to... Mr. Grassie: Well, Mr. Mayor, you know I understand your concern, all I can say to •you is that our effort is to make sure that .these people eat after the thirtv_ days, which seem to me better than saying that they are simply laid -off without work forever, now, that there are this locations and there are problems I admit to you, let me answer your specific question however, the specific question is, can we somehow supplement their salary in a short run for that thirty day period? Mayor Ferre: Thats the question. Mr. Grassie: Financially, yes I'm sure that we could, you simply by making more layoffs and producing more money in financially do it, legally it is my understanding there is one of the basic stipulations of the law is that they have they cannot be on vacation, they cannot be on some kind of -that are recalled have to be legitimately laid off. know if nothing else, the general funds, we could no way that we can do it, to be legitimately laid off, a paid status, people Mayor Ferre: May I ask you this question then, could for example doing this one month period, now follow my question, those people be given a loan that would be deducted over a eleven or twelve month period to the subsequent year, so that if in fact what you're saying is you're going to take away one month out of twelve, that is 1/12th and the person is making lets say just for argument sake $12,000 and in effect what you're doing is removing one month which is a $1,000, could you then give that individual a $900 loan, could the City do that and then deduct the $900 advance over the subsequent eleven months or twelve months. Mr. Grassie: We will be very willing to explore, if I had to give you an answer right now I would say no, simply because that is an obvious subterfuge which avoids the intent of the law. Mrs. Gordon: Question? Mr. Grassie: Now, there maybe another way of approaching it if a third party does it, lets say the credit union, the employee credit unions give the employees a loan, the City pays then for the months that they are employed, pays them there full salary and then they take their money and repay the credit union it would seen to me that could be a legitimate process. Mrs. Gordon: They would have to pocket for four weeks pay, however. Mr. Grassie: I see Mr. Krause, standing up so he may have an opinion about that. Mrs. Gordon: Let Mr. Krause, take this one so he can answer then all at one time, is it illegal or impossible for any other reason to give them a severance sum when they are terminated. Mr. Krause: That was the point I intended to make when I came up to the microphone we discussed with the people in the Atlanta Region their definition of what it meant to have somebody on layoff and what they meant when they said that we could not carry people on paid vacation or sane other benefit during the layoff period and I told them that it was practice in the City, that when someone was laid off he was paid a lump sum for his earned vacation and anyother compensatory kind that he might have to his credit and that might amount to an as iitional payment of two, three or four weeks pay and I asked whether that would be considered by the department of labor as a violation of the requirements of people being on layoff and I was told no as long as you are following what is a standard practice and in giving people payment for benefits to which they are entitled and giving it to than in a lump semi S EP 8 1977 that would make them eligible for unemployment compensation benefits and thats the pr r procedure. Now, when the question was asked how long do you have to be unemployed to be eligible for benefits. I went over and asked Dean Mielke, because I'm unfamiliar With that detail of Florida Law, he told me ;plat it was his understanding on layoff if you go down and apply the very next day but there would be a one week waiting period that is you would not be eligible for unemployment during the first week of layoff but you would be there after. Mrs. Gordon: But isn't it also true they don't receive a check that first week after layoff? Mr. Krause: Yes, thats correct there is a delay in receiving it. Mrs. Gordon: Several weeks. Mr. Krause: Yes. Rev. Gibson: Let me ask this question, what happens to the service all thattime, for thirty days? Mrs. Gordon: Quite a few weeks in the delay. Rev. Gibson: You know... Mr. Grassie: I'll answer your question Commissioner, but I want to put it in the context of our trying to present to you a solution for a problem that wasn't created last week, now the simple fact is that we don't have the Honey to do what you feel you want to do. Now, having said that and specifically with regards to sanitation. Rev. Gibson: No, it would regard to all of them, let me say I understand what that administration is doing, I want with regards to all of the services, the letters we get and you know I got a copy of that thing here, those people were smart, all those white folk out there they aren't dumb, they wrote their letters, pages of signatures to the three departments and when I hear the administration talk, the administration talks about saving two departments and not three, ok. The people aid three, see there I sure think god, you know I like what white america does sometimes. For you information you find a healthy attempt by the Coconut Grove citizens to became strong opponents to the projected cut backs in our departments are sanitation , police and fire. Everbody could see who want to see, all these sheets. Mr. Grassie: Commissioner, we're suggesting bringing back fran layoff 54 uniformed people in police and fire and 86 people in sanitation, now you know thats the fact, what else can I tell you. Its our proposal that everybody who gets laid off be brought back, who has been funded by the general fund, that does not include previously CETA funded people but it does include everybody who has been previously funded by the general fund. Mr. Plummer: When is that due to us as far as next year is concerned. Mr. Grassie: Well, again the last paragraph of my budget message Commissioner, indicates that the alternatives in front of the City are really very simple, either you reduce your budget to meet your revenues right now or else you plan the kind of reduction which will allow you to operate within the revenues you expect, but you make every effort to make use of federal monies, so that you can save as many peoples jobs for as long as possible. 'The answer to your question is, we will continue to save those jobs for as long as we have some resource like the federal money that you are talking about to do so, if that comes to an end at same point thats one more reality that we have to face up to, but I don't think that we should in the short run -cut people off, because we may have to sometime in the future and all we're suggesting is that we make every effort now to make use of the money thats available to us. Mrs. Gordon: One more question Mr. Grassie, regarding the operation of placing these people into the CETA program, isn't it a necessity for then then to obtain a medical examination and would that possibly became sane kind of a problem for some people who have been on the job for some time, as employees carried under the general fund then they don't go for a periodic nedical examination, an I correct. Mr. Krause: Thats correct. Mrs. Gordon: But, if then this ohs about I don't know if anybody would be affected adversely by it, but isn't it a possibility that there would be same? 44 S P 8 1977 Mr. Krause: The normal procedure for re-employment after layoff, is to ac ministet a Medical examination. Mrs. Gordon: Thats what I thought. Mr. Krause: The civil service rules are scariewhat ambiguous on that point and I think a layoff, if it is only for thirty days, there might be some flexibility for the City to make a policy decision on it. Mrs. Gordon: About the examinations? Mr. Krause: Yes. Mrs Gordon: That is not a federal requirement? Mr. Krause: Its not a federal requirement. Mrs. Gordon: Ok. Mayor Ferre: What else do you have Mr. Gary? Mr. Gary: Thats it. Mr. Plummer: Mr. Mayor, I would like to make a motion. Mayor Ferre: Yes sir. Mr. Plummer: I would like to make a motion at this time that the administration be instructed to do the following; number one, in a itemized list give the alternatives to this Commission, if the following proposals do not take place as put forth in the budgeted message; number one, police and fire, number two, facilities of fire which are proposed to layoff, number three, sanitation and number four, if in fact no tax increase is proposed. that I'm in fact saying, you surely have a dollar amount on these items and I would like to know that if these items and the priority as I have given them are not agreed upon by this Commission with the ministration, what else would go? Do you understand what I'm saying? Mayor Ferre: What... Mr. Plummer: The police and fire represent X number of dollars in layoff, if this Commission says to you there shall be no layoffs in police and fire, that amount of money would say to you something else has to go, if this Commission says to you we are not concurring that you are going to close facilities, that is X dollars more, what else then would have to go? If this Commission, disagrees with sanitation and this Catrnission should disagree with no tax increase, I want to know from your depart categorically A,B,C and D, what else would have to go if this Commission does not agree with your proposal and I put that in a form of a motion. Mayor Ferre: Alright, this is a request fran one of the umbers of the Commission... Mr. Grassie: Clarification Mr. Mayor? Mayor Ferre: Sure. Mr. Grassie: My assumption Commissioner, is that you are talking about the dollar impact of deciding not to do, not to make the layoffs of the reductions, first in place of fire, then in facilities, then in sanitation and lastly no tax increase, you're talking about the dollar impact of that. Mayor Ferre: No, he's going beyond that Mr. Manager, what the man has said is specifically if these dollars are not available as you have recommended in your budget estimate, then what would you, what is your recommendation, because thats what he is asking for of the next thing that would be reduced or eliminated. Mr. Grassie: I think Mr. Mayor that is in fact the request and I had a feeling it might be. I have to take the position with you that the budget dialogue is design to resolve that problem. Mayor Ferre: Is what? Mr. Grassie: Is design to resolve Commissioner Plummer's problem, the budget that you have presented to you is my revanmmzndation, if in analyzing it you find that you cannot concur with that recourendation, I think that you will have to tell. re 45 SEP 8 197Z What you want cut. You're not telling me what you want cut, you're telling Me what you don't want cut. Mt. Plummer: Exactly. Mr. Grassie: Now, what I don't want cut is everything, I don't wart to cut anything. Mr. Plummer: I think we all agree on that point. Mr. Grassie: Having agreed on that then if you want me cut something other than what 1 have piupused, I think in fairness you need to tell me. You need to tell me where you want me to make those cuts. Mayor Ferre: Mr. Grassie, and I think after that we're going to break for lunch, I want you to know that for many many years same of us here dealt with one of your predecessors Mel Reese, who would... as a matter of fact I'll tell you a real quick story, the first time I got into a budget hearing, I got into a real fight with Mel Reese, and the next day the Miami Herald, put before the news ,"Ferre blast Reese", that was the headline you know, I haven't gotten a headline like that since, But that particular one they really wanted to make a big confrontation, of course you know the Herald wants to get rid of the City of Miami, so here is a big chance to hit the City again, so"Ferre blast Reese", and that was the big thing in 1967, Mr. Reese, walked out at one time Mr. Reese said, he says Mr. Commissioner,... he got up, he got my speak and he said I'm going to tell you something, I've given you my recommendation and if you don't like it, you tell me what you want me to cut and we went through that for days and days and Charlie Hall was there, he remembers and we went through that one fcr a long time. After that subsequently, and I think and specially with Paul Andrews and certainly last year with you, I think this Commission has stated and the Manager makes a recommendation, the Commission states whether or not its acceptable, if its not acceptable the Managers have always been asked to go back and look and see where else you feel that You might be able to cut. since you are, and this is a balancing act between us, since you are in effect in charge of the administration, you know best, we are policy makers, you are the administrator you've got to tell us, now if in fact we decide not to go with one of these alternate proposals, what the next recommendation from you would be on the next series of possible reductions, cuts or otherwise and I think thats all that Commissioner Plummier, is asking for. You can't turn around and say to us Joe, now you tell me what you want to cut. Mr. Grassie: I appreciate what you are saying Mr. Mayor, and basically, you know I agree with you, but keep this in mind, the budget making process is difficult enough as you know, if we talk about making the kind of cuts in what is left of the City, having excluded what Commissioner Plummer, is talking about you will in fact have nothing left, there is nothing left virtually. Now, you know we are going to have to really get down to what you want and what you really want us to look at in a serious, way, if we are going to get into those kinds of alternatives. You know, if you really want me to evaluate for you whether or not it makes sense to close half of the parks in the City, all I'm asking you is that you tell ne that you're really serious about this thing and that we're faced with that sort of an alternative, but, I mean not just kind of off hand serious, but, you know if we are really going down to that level of review its going to take a lot of serious work on our part and also on yours . W. Plummer: Mr. Grassie, let me speak for one, I couldn't be more serious. Now, you ask me does it relate to dollars, dollars are people, people are dollars, I can read between those lines if all you want to do is to profit in dollars its alright, I can understand that, but listen admit the truth, budget process by the administration is your way of setting priority, now that leaves you in a position of having these five people either agreeing with your priorities or disagreeing with your priorities and thats what we're here all about, now I for one make no bones about it, I disagree with the priorities, you know I'm not going to make any punches, I've said if before I'll say it again, there have been many new departments created in this City in the last year and are they that important or not and that,you're entitled to your opinion as to there priority and I'm entitled to mine and I'm only 20% of the vote. Mayor Ferre: Alright, Mr. Plummer I think... Mrs. Gordon: 20 and 20 makes 40. Mayor Ferre: Alright, thats a second, further discussiJon, its been Wired and seconded. Call the roll please. 46 SEP 8 1977 tok • the following tnotion Was introduced by COmmissioner PlUmmer, who troVed ita adoTtiall 24711014 NO. 774'92 A MOTION DERICTING THE CITY MANAGER TO FURNISH THE CITY OOMMISSICN WITH A LIST OF ALTERNATE PROPOSALS CONCERNING SIGNIFICANT EFFECTS OF BUDGET REDUCTIONS ON SERVICES IN THE EVERT THE FOLLOplING PROPOSED CITY MANAGER'S REOOMMENDATIONS ARE NOT ADOPTED BY THE CITY COMNISSICN: A) LAY-OFFS OF PERSONNEL IN THE POLICE AND FIRE DEPARMENT; B) THE ELIMINATION OF CERTAIN SERVICES AND/ OR PROGRAMS IN THE POLICE AND FIRE DEPARMENTS; C) LAY-OFFS IN THE SANITATION DEPARTMENT; AND D) NO TAX ENCREASE EN THE .1 .41,1 RATE. Upon being seconded by Commissioner Gordon, the notion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre 47 • r ARt2EE It kGRE._ _ _. _ Wtfi•i OI EVELO OF DI OF DIXIE PARK. The following resolution was introduced by Commissioner pl'uMner, who moved tth adoption: RESOLUTION NO. 77-693 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ORIGINAL AGREEMENT WITH O'LEARY-SHAFER AND ASSOCIATES, P.A., TO PROVIDE PRDFESSIONAL SERVICES FOR THE REDEVEL- OPMENT OF DIXIE PARK BASED UPON A REVISED DEVEL- OPMENT BUDGET OF $1,142,000 PLUS A REVISED CON- SULTANT'S DESIGN FEE OF $100,500 WITH FUNDS THEREFORE TO BE ALLOCATED FROM THE PARKS FOR PEOPLE BOND PROGRAM AND THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre. 10. ACCEPT OFFER FROM MALL TRANSPORT, INC. FOR SHUTTLE TRAM SERVICES To N w-WORu CENTR-B I CE TFENN IAL PARK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-694 A RESOLUTION ACCEPTING THE OFFER OF SERVICES FROM MALL TRANSPORT, INC., FOR FURNISHING A SHUTTLE TRAM SERVICE IN DOWNTOWN MIAMI TO NEW WORLD CENTER -BICENTENNIAL PARK FOR A TRAIL PERIOD OF SIX (6) MONTHS AT A TOTAL COST OF S17,108.00; ALLOCATING FUNDS FROM PUBLICITY & TOURISM BUDGET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE TEE ATTACHED AGREEMENT WITH MALL TRANSPORT, INC. TO PROVIDE THESE SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT; Commissioner Manolo Reboso Mayor Maurice A. Ferre AUTHORIZE EXECUTION OF AGREEMENT WITH STATE OF FLORIDA - MAINTENANCE OF' LANDSCAPING IMPROVEMENTS - 1-95 EXIT RAM( AT S.E, 2ND AVENUE The following resolution was introduced by Commissioner Gordon, whd MoVed its adoption: RESOLUTION NO. 77-695 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA FOR THE MAINTENANCE OF LANDSCAPING IMPROVEMENTS ON THE STATE-OWNED I-95 EXIT RAMP ISLAND AT S.E. 2ND AVENUE, WITH FUNDS THEREFOR NOT TO EXCEED $1,000. ALLOCATED FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and Oh 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 Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 12. GRANT EASEMENT IN EDISON PARK FOR PROPOSED PEDESTRIAN WALKWAY ACROSS 1-95 AT N,W, 65 STREET. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-696 A RESOLUTION GRANTING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AN EASEMENT IN EDISON CENTER PARK FOR THE CONSTRUCTION AND MAINTENANCE OF A RAMP FOR A PROPOSED PEDESTRIAN WALKWAY ACROSS I-95 AND N.W. 65TH STREET; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE APPROPRIATE INSTRU- MENT THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ASSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 13, ACCEPT COMPLETED WORK: OMNI PAVING PROJECT - 1976 - BID "C° LANDSCAPING, The following resolution was introduced by Commissioner Plute, Who Wited itS adoption: RESOLUTION NO. 77-697 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY GARCIA ALLEN CONSTRUCTION COMPANY,INC. AT A TOTAL COST OF $42,366.00 FOR OMNI PAVING PROJECT - 1976 (BID"C" - LANDSCAPING), AND AUTHORIZING A FINAL PAYMENT OF $4,236.60. (Here follows body of resolution, omitted here and On file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: 1 Commissioner Manolo Reboso Mayor Maurice A. Ferre 14, APPROVE AMENDAENT TO SUBLEASE AGREEMENT GROVE KEY MARINA AND GROVE RESTAURPVT LTD. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-698 A RESOLUTION APPROVING THE AMENDMENT TO SUBLEASE BY AND BETWEEN GROVE KEY MARINA, INC. AND GROVE RESTAURANT LIMITED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 50 SEP 8 1977 _r— t 1111 I IIII I •IIIi ■IIIIII 1 1111111111 111111111111111111111111111111111111111111111111.1111111111111111111111111111111111111= imiimimimmnommumumum. 15. ACLtPT C, P EEiED WORK: LIME RIVtik MINI -'ARK - EUILIMW DvOLITION• The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-699 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC., AT A TOTAL COST OF $12,098.50; ASSESSING $420.00 AS LIQUIDATED DAMAGES FOR 7 DAYS OVERRUN OF CONTRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $789.85 FOR LITTLE RIVER MINI PARK - BUILDING DEMOLITION. (Here follows body of resolution,omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner adopted by the following vote - AYES: Commissioner Rose Commissioner J. L Vice -Mayor (Rev.) NOES: NONE. ABSENT: Gordon, the resolution was passed and Gordon . Plummer, Jr. Theodore R. Gibson Commissioner Manolo Reboso Mayor Maurice A. Ferre 16, ACCEPT COMPLETED WORK: TRAIL MINI -PARK DEVELOPMENT - 1975 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-700 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY C.A. DAVIS, INC., AT A TOTAL COST OF $55,505.81; ASSESSING $1,960.00 AS LIQUIDATED DAMAGES FOR 28 DAYS OVERRUN OF CONTRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $9,362.98 FOR TRAIL MINI -PARK DEVELOPMENT - 1975. (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 Commissioner J. L. Plummer, Jr. Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre SEP 8 1977 CLAIM SCTT NTt WILPREDO AND A DIAZ AND ATKINS BODY W `iKi The following resolution was introduced by Commissioner Plummer, who MOVed its adoption RESOLUTION NO. 77-701 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILFREDO DIEZ AND OLGA DIEZ, WITH AN ADDITIONAL PAYEE, ATKINS BODY WORKS, THE REPAIRING FACILITY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,487.77 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS 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 J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 18, CLOSE FULLER STREET - OCTOBER 21, 22 AND 23 FOR TROPICAL PLANT FAIR IN COCONUT GROVE. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-702 A RESOLUTION CLOSING FULLER STREET TO THROUGH TRAFFIC ON OCTOBER 21, 22, AND 23, 1977 DURING SPECIFIED HOURS IN CONNECTION WITH THE TROPICAL PLANT FAIR HOSTED BY THE COCONUT GROVE CHAMBER OF COMMERCE, SUBJECT TO SAID BODY'S SECURING NECESSARY PERMITS FROM THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES; NONE. ABSENT; Commissioner Manolo Reboso Mayor Maurice A. Ferre • 1 tb. Eh APPOINTMENT or PERSONS TO: B11DC.IET Ip/IEVI CCM ITE The following resolution was introduced by Commissioner Gordon, Whd Moiled its adoption: RESOLUTION NO. 77-703 A RESOLUTION APPOINTING MR. ROBERT C. HARTNETT, MR. FRANCISCO J. OLAZABAL, MR. STEVE CHEPENIK AND MR. T. WILLARD FAIR, AS MEMBERS, AND MR. CARLOS SALMAN, MR. GARY DIX, AND MR. CYRIL SMITH, AS ALTERNATE MEMBERS, TO THE BUDGET REVIEW COMMITTEE, UNTIL THE SAID COMMITTEE IS DISSOLVED ON NOVEMBER 1, 1980. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 20. URGE U.S, CONFERENCE OF MAYORS AND U.S. CONFERENCE OF CITIES TO ENDORSE LEGISLATION ENTITLED "SOCIO-ECOVIC NATIONAL GRCIAll ACT." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-704 A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, URGING THE U.S. CONFERENCE OF MAYORS AND THE U.S. CONFERENCE OF CITIES TO ENDORSE AND PROMOTE PROPOSED LEGISLATION ENTITLED "SOCIO-ECONOMIC NATIONAL GROWTH ACT"; URGING THE SOUTH FLORIDA CONGRESSIONAL DELE- GATION TO INTRODUCE AND PROMOTE PASSAGE OF THE ATTACHED PROPOSED BILL; FURTHER AUTHOR- IZING THE MAYOR OR HIS DESIGNEE TO TRAVEL TO WASHINGTON, D.C. IN ORDER TO PROMOTE PASSAGE OF SAID PROPOSED BILL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES; Commissioner J.L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES; NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre • ACCETIT BID; 5-YEAR CONCESSION i cI rY, cF MIAMI UUNT \. CLUB, the following resolution was introduced by Commissioner PlUMMet, he moved its adoption: RESOLUTION NO. 77-705 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ANTONIO MOLINA FOR THE OPERATION OF THE CITY OF MIAMI COUNTRY CLUB FOOD CONCESSION FOR A PERIOD OF FIVE YEARS, WITH A FIVE (5) YEAR OPTION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT. (Here_follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: ON ROLL CALL: Commissioner Manolo Reboso Mayor Maurice A. Ferre Mr. Plummer. And, let me state for the record Mr. Grassie, now that this selection process is over with and this firm has been selected I want to tell you... I wanted to tell you before but I won't because I felt that it might interfer. This man here I am tickled pink got the selection. He has done this city proud by taking that out of something that was a bad situation. I have never run across a more courteous and more thoughtful individual than that man and I'm tickled pink to see him getting this contract. I just want to put that on the record. 22, ACCEPT BID: LANDSCAPE PLANTS AND SHRUBS - BAYFRONT PARK - PHASE I. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-706 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING LANDSCAPE PLANTS AND SHRUBS FOR THE DEPARTMENT OF PARKS AND RECREATION: EVERGLADES SOD AND LANDSCAPING COMPANY FOR SEAGRAPE, JASMINUM, PITTSPORUM, MONSTERA, VIBURNUM, COCOPLUM, BUCIDA BUCERAS AT A COST OF $21,384.75; ROBJOY NURSERY FOR PHILODENDRON AT A COST OF $2,531.20; CRUSTY DRYBREAD FOR PODACARPUS AT A COST OF $14,626.00; INVERRY LANDSCAPE FOR LAGESTROENIA AT A COST OF $1,365.00; MANGOS LANDSCAPE NURSERY FOR LADY PALMS AT A TOTAL COST OF $650.00; FOR A TOTAL COST OF $40,555.95; ALLOCATING PONDS FROM THE FEDERAL GRANT FOR BAYFRONT PARK, PHASE I; 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 Commissioner Gordon, the resolution was passed and adi)Pted by the following vote - AYES : Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES; NONE. ASSENT: i Commissioner Manolo Reboso Mayer Maurice A. Ferre 54 SEP 8 1977 lir 25, ACCEPT BIDS ROTARY LAWN MARS, The following resolution was introduced by cone issioher Flamm f ► Who tided its adoption: RESOLUTION NO. 77-707 A RESOLUTION ACCEPTING THE BID OF ACE LAWNMOWER SERVICE FOR FURNISHING FOUR ROTARY LAWN MOWERS, ONE 19" CHAIN SAW, THREE 16" CHAIN SAWS AT A COST OF $2,100.60, BID OF RICHARDS IM- PLEMENT CO. FOR TWO HI-LO BOY TRACTORS AT A COST OF $7,875.00, BID OF TIECO FOR SIX ROTARY MOWERS WITH SULKY AT A COST OF $7,762.00, BID OF HOMESTEAD MOWER SERVICE FOR TWO EDGER TRIM- MERS AT A COST OF $679.00, BID OF HECTOR TURF & GARDEN, FOR ELEVEN ROTARY MOWERS AND TWO ELECTRIC HEDGE TRIMMERS FOR A COST OF $2,380.00, BID OF DEBRA TURF & INDUSTRIAL EQUIP- MENT FOR TWO 30" REEL MOWERS AT A COST OF $2,458.00, BID OF GMC TRUCK & COACH DIVISION FOR TWO PICK UP TRUCKS AT A COST OF $11,470.00; FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $34,725.10; ALLOCATING FUNDS FROM THE FEDERAL REVENUE SHARING FUND- MECHANIZATION PROGRAM; AUTHOR- IZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Pluamer►Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 24, ACCEPT BID: 10,000 SQUARE YARDS OF SIDEWALK - BAYFRONT PARK - PHASE I. The following resolution was introduced by Commissioner its adoption: Gordon, who moved RESOLUTION NO. 77-708 A RESOLUTION RESCINDING RESOLUTION NO. 76-1076(11/18/76) ACCEPTING THE BID OF THE BREWER COMPANY OF FLORIDA FOR FURNISHING LABOR AND MATERIALS FOR APPROXIMATELY 10,000 SQUARE YARDS OF SIDEWALKS OF ASPHALTIC CONCRETE AND BASE FOR THE DEPARTMENT OF PARKS AND RECREATION AT AN APPROXIMATE COST OF $35,500.00; ALLOCATING FUNDS FROM TITLE X - BAYFRONT PARK FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J.L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ASSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre SEP 8 197 ! 25. Acc i' BID: VIRGINIA KEY RESTORATION PROJECT - 1977, the following resolution was introduced by Mayor Ferre, who Moved its adoption: Upon adopted by AYES: RESOLUTION NO. 77-709 A RESOLUTION ACCEPTING THE BID OF FRISA CORPORATION IN THE PROPOSED AMOUNT OF $78,500 FOR THE VIRGINIA KEY RESTORATION PROJECT - 1977; ALLOCATING THE AMOUNT OF $78,500 FROM THE ACCOUNT ENTITLED "POLLUTION CONTROL BONDS FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $8,635 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,570 - TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) being seconded by Commissioner Plummer, the resolution was passed and the following vote - Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: NONE. ABSENT: Commissioner Manolo Reboso 26, ACCEPT BID: WORK BOAT, The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 77-710 A RESOLUTION ACCEPTING THE BID OF LINDSEY BOAT WORKS FOR FURNISHING ONE WORK BOAT FOR THE DEPARTMENT OF PUBLIC FACILITIES AT A TOTAL COST OF $16,415.00 ; ALLOCATING FUNDS FROM THE 1976-1977 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE PUR- CHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Mayor Maurice A. Ferre Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT; Commissioner Manolo Reboso 56 SEP 8 1977, 27i ACCEPTMD! WORK UNIPOWS i The following resolution was introduced by CoMMiSsioner Pluit ►er, who Molted its adoption: RESOLUTION NO. 77-711 A RESOLUTION ACCEPTING THE BID OF UNIFORMS FOR INDUSTRY, INC. FOR FURNISHING WORK UNIFORMS, AS NEEDED, ON A CON- TRACT BASIS FOR ONE YEAR FROM DATE OF AWARD, ON A UNIT COST BASIS, AT A TOTAL COST NOT TO EXCEED $55,549.80, ALLOCATING FUNDS FROM THE 1976-1977 AND 1977-1978 FISCAL YEAR BUDGET, AUTHORIZING THE CITY MANAGER AND THE PUR- CHASING 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 Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: NONE. ABSENT: Commissioner Manolo Reboso 281 ACCEPT BID: VIDEO EQUIPMENT, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-712 A RESOLUTION ACCEPTING THE BID OF MIDWEST TELECOMMUNICATIONS,INC., FOR FURNISHING VIDEO EQUIPMENT FOR THE DEPARTMENT OF POLICE AT A COST OF $52,066; ALLOCATING FUNDS FROM L.E.A.A. PROJECT NO. 76-A2-15-CBO1 AND THE LOCAL HARD CASH FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT; FURTHER AUTHORIZING PURCHASE OF A MAINTENANCE AND SERVICE CONTRACT FOR THE SECOND YEAR OPERATION AT A COST OF $4,686, SUBJECT TO THE AVAILABILITY OF DEPARTMENTALLY BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: NONE. ABSENT; Commissioner Manolo Reboso 57 SEP 8 1977 1 ACCEPT BIB DINNER KEY RECREATION CENTER / EXHIBITION HALL Mr. Plummer: My only question is Mr. Manager, we're talking about a contract in excess of three million dollars and maybe it's my stupidity,but I have never heard of the contracting firm of Orlando Mendez. Now is there anyone that can give me some idea as to the size of this company, how many people they employee, was there a scoreboard done on them? Mr. Grassie: Mr. Grimm can answer a number of those questions for you. Mr. Plummer: How long have they been in business? Mr. Grimm: You may not remember Commissioner but this particular firm has done two contracts for the City. The Allapattah Community Building and the buildings down in Wynwood Park ... • - Mr. Plummer: For being three million dollars Mr. Grimm? Mr. Grimm: Yes, as a matter of fact he's one of the few contractors that the City has written,.. at least the Department of Public Works has written a letter of condemnation on. Mr. Plummer: That's fine. But here again ... Mr. Grimm: But as it stands right now we have under contract federal funded projects of the Dade County Jail in the amount of $523,000. Homestead Gardens, H.U.D. Project in the amount of $963,000. Olympic Heights Post Office in the amount of $844,000. Dade County's Landscape Nursery Buildings in the amount of $585,000. Naranja Park Tool & Bathhouse for Dade County $443,000. Biological Park Administration Building for Dade County $654,000. Mt. Sinai Hospital Emergency Center in the amount of $396,000. Amtrack Terminal in the amount of $1,988,000. Mr. Plummer: But this is his biggie. Now, how long has he been in business? Mr. Grimm: I can't answer that Commissioner. I don't know how he's been in business, but certainly in the vicinity of five years. Mr. Plummer: Ok. You feel relatively safe that he is of sufficient size to take care of this? Mr. Grimm: Yes sir we do. Mrs. Gordon: He provides bonding... Mr. Grimm: Yes sir he's fully bonded. This is a federally funded project. He has to comply with all the guidelines. I might add on this that were questioned as to whether or not you know that he was a union contractor. He is not a union contractor, but as you know our contracts do not require that. This is a federally funded project and he is required under the Davis -Bacon Act to pay minimum wages as established by that act. Mr. Plummer: Ok. I'll move it. Rose, when you talk about bonds, you know, it's nice to have a bond but when you got to chase them to Taiwan to try to bring them back the bonds ain't worth much. Mrs. Gordon: Yes I know. Rev. Gibson: Alright. Call the roll please. 9EP 8 19771 the following resolution was introduced by Commissioner Plummet, who Moved it adoption: RESOLUTION NO. 775713 A RESOLUTION ACCEPTING THE BID OF ORLANDO MENDEZ, INC. IN THE AMOUNT OF $3,304,800 FOR THE DINNER KEY RECREATION CENTER/EXHIBITION HALL; ALLOCATING FUNDS FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, LOCAL PUBLIC WORKS PROJECT GRANT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rase Gordon Vice -Mayor (Rev.) Theodore R. Gibson • NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre 30. AUTHORIZE AGREEMENT BEBER, SILVERSTEIN AND PARTNERS - ADVERTISING SERVICES, The following resolution was introdi.c.... by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-714 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BEBER, SILVER - STEIN AND PARTNERS FOR ADVERTISING SERVICES, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT, WITH FUNDS THEREFOR ALLOCATED FROM THE DEPARTMENT OF PUBLICITY AND TOURISM BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre _ 59 8EP 8 19774 31i BRIEF PERSONAL. APPEARANCE: III E FANNATO, Mr. Fannotto: Honorable Mayor, members of the Commission, and interested spectators. Erny Fannotto is my name, President of the Taxpayers League, Miami and Dade County. And, also President of the Homestead Tax.... I want to talk about the Orange Bowl and any facilities that we're trying to invite in the Orange Bowl or to build new facilities and stadiums. I'm going to say that in order to negotiate business contracts you have to be business. I'll start off by saying in the Orange Bowl Mr. Robbie wants us to make improvements and I want to say Mayor, I read what you said in paper in reference to the contract. I agree with you 100%. I say this here, if Mr. Robbie wants us to improve the Orange Bowl then he's going to have to give us a contract that's binding at least 8 or 10 years. We've got only 3 years binding and Mr. Robbie can move to Broward County or anywhere he wants it, and we can get stuck with 15 or 20 million dollars, whatever we invest in that Orange Bowl. We can't -get the money out. Now, I notice that we're talking about building a stadium and other facilities for other things. Now let's talk about baseball. I'm a baseball fan just like I'm a football fan. I don't think we should build a baseball field for big league baseball unless we have a contract for a concession, a big league contract signed in advance where we can get baseball here in Dade County. But to build a stadium on spectulation that you might get with taxpayer's money is just like walking backward with these hard times. And, if you do, you are doing injustice to the taxpayers. These are hard times. Tax- payers are overburden with taxes and we're cutting down city employees which is in my estimation is a very bad practice. People that have been in our employment when they take them positions hope to remain there and when you deprive them of their job you're depriving them of livelihood and it's just not right. So I am going to say don't negotiate and spend any money on spectulation. We're doing too much of that. We 're going to have to sign a contract with Mr. Robbie. We're got to have a signed contract with ball club or anything comes in this Orange Bowl and if you do I don't call it business. You just might bankrupt the City of Miami. I'm going to say this about the City of Miami. I think it's time the City Manager and the bond attorneys start taking stock and I think when you do take stock you may treading on dangerous waters because I think our credit rating is almost in jeopardy. When you don't have any money to balance your budget and you have to resort to dismissing employees I consider that treading on dangerous waters and I would like to see Mayor, I want to hear how many bonds we have to pay,our share of the decay of bond progress, all the new proposed projects that we're undertaking. I think we're undertaking too many projects and I'm going to say this here, I've disagreed with the Manager many times. There isn't any Manager can if'he undertakes too many projects and neither can you be financially, neither can you operate your business in a financial manner for the City taxpayers if you're undertaking too many projects. I am asking you Mayor and I want that there in dollars and cents to tell the people how much out- standing bonds we have. And, Mr. Manager, you stand there laughing but I think you spend too reckless in the city and that's the reason I want to check ... Mayor Ferre: Erny what he's laughing about is that we did that this morning and Mr. Fannotto: Did what? Mayor Ferre: What you just asked for. Mr. Fannotto: You mean asked for a re -check in bonds? Mr. Grassie: No sir what I was smiling at was the remark Commissioner Plummer made to me. Mayor Ferre: Well, we've got a copy of all that. Why don't you give him a copy of what was presented this morning and we really have to get on now. Mr. Fannotto: Wait a minute, I think this is important Mayor. I want the amount of outstanding bonds, the amount of interest. I want the people to know where... Mr. Plummer: We went through all of that this morning Buddy, they're going to give you a copy of it in complete detail. We spent an hour and a half... Mayor Ferre: Mr. Fannotto with your permission a lot of people that are waiting that are on the agenda. I'll recognize you again later on. 60 SEP 8 1977 ■ 1 3. Presentation of a Commendation to the Miami Association of Fire Fighters, IF Local 587, for their assistance to the Jerry Lewis Muscular Dystrophy Telethon. Deputy Chief Brice and Mr. Gene Naples will accept the Commendation. II MI II II II PRESENTATIONS, PLIES AND SPECIAL ITEMS, 1. Presentation of Hartford Insurance Company Silver Medal to tay Moore for his heroic action in rescuing his three year old enphew from a burning building. 2. Presentation to Mr. Dale Walker, Patient Unit Manager and Dr. C. Gillion Ward, Medical Director of the Burn Unit, Jackson Memorial Hospital, of a Myo-tone Biofeedback Monitor and a Jamar Dynamometer. 4. Presentation of a Commendation to Colonel Moises Suarez and his wife, Ernestina Suarez, upon their retirement after 46 years of service with the Salvation Army. Rev. Martin Anorga is also here. 5. Presentation of a Certificate to Appreciation to Mr. Eduardo Benet, Senior Executive Vice -President of the Flagship Banks, for his achievements in international banking. Mr. Benet recently received Venezuela's Award to the Merit in Work, First Class, for his service with the Venezuelan Exchange Control Office and his efforts in the reorganization of banks. He is the first United States banker to receive the award. 6. Presentation of a Commendation to Ms. Priscilla Imburgia, Miss Miami 1977. 7. Presentation of Women in Construction Week Proclamation to the President of the organization, Mrs. Ruth Livingston. 8. Presentation of Miami Outboard Club proclamation to Mr. Buck Horvath, Commodore; Mr. Gordon Glen, Vice -Commodore; and Mr. Don Steffan. Also presentation of proceeds from fishing tournament to a representative from Boystown of Florida. 33, SECOND READING ORDINANCE: IMENDCSIS END SECTION AND2-24-1 OF SE -VICE THE CITY CODE - AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY SUBSTITUTING A NEW S 2-24.1 THEREIN, WHICH PROVIDES FOR INSPECTION AND SERVICE FEES FOR ZONING CERTIFICATES OF USE FOR NEW BUILDINGS AND PREMISES AND ALSO FOR ANNUAL REINSPECTION OF BUILDINGS AND PREMISES FOR RENEWAL CERTIFICATES AND ACCESSORY USE CERTIFICATES OF OCCUPANCY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 28th wass taken up for its second and final reading by title and adoption. On motion of Connissioner Plummer, seconded by Vice -Mayor Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre. NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8686. 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. SEP 8 1977, . SECOND READING ORDINANCE: Arm SECTION 2-24,2 OF CHAPTER 2 ESTABLISH FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY SUBSTITUTING A NEW SECTION 2-24.2 OF CHAPTER 2, WHICH ESTABLISHED A FEE FOR INSPECTIONS AND EXAMINATIONS OF THE PLANS AND SITE INSPECTIONS TO ASSURE ORIGINAL Alv'D CONTINUED COMPLIANCE WITH THE PROVISIONS OF THE CITY OF MIAMI'S COMPREHENSIVE ZONING ORDINANCE NO. 6871, AS AMENDED, EXCLUDING SINGLE-FAMILY RESIDENCES AND DUPLEXES; PROVIDING THAT THIS FEE SHALL BE IN ADDITION TO THE BUILDING PERMIT FEE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 28th was taken up for its second and final reading by title and adoption. On motion of Commissioner Reboso, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8687. 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. 35, SEM READING ORDINANCE: Arm SECTIONS 5, 6, 7 AND 8 OF ORDINANCE 6145 - ENACT NEW FEE SCHEDULES. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTIONS 5, 6, 7, AND 8 OF ORDINANCE NO. 6145, AS AMENDED BY SUBSTITUTING NEW FEE SCHEDULES AS SECTION 5, FOR BUILDING PERMITS, PLUMBING PERMITS, ELECTRICAL PERMITS, AND MECHANICAL PERMITS; CONTAINING A REPEALER PROV- ISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 28th was taken up for its second and final reading by title and adoption. On motion of Commissioner Reboso, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8688. 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. 62 SEP 8 1977 SECOND361 SING ORDINANCE: tSTABLISH 3RD YEAR CD BLOCK GRANT SOCIAL SERVICE PROGRAM TRUST AND AGENCY PUS ACCOUNT, 4 AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT -SOCIAL SERVICE PROGRAM TRUST AND AGENCY FUND ACCOUNT; PROVIDING FOR REVENUES THEREIN FROM A FEDERAL GRANT IN TEE AMOUNT OF $304,810 AND MAILING APPROPRIATIONS THEREFROM IN A CORRESPONDING AMOUNT;FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH CERTAIN APPROVED SOCIAL SERVICE AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 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. Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8689. 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. 37, SECOND READING ORDINANCE: ESTABLISH 2ND YEAR CD BLOCK GRANT -- LAND ACQUISITION FOR SUBSIDIZED HOUSING - WiNWOOD TRUST AND AGENCY FUND ACCOUNT. AN ORDINANCE ESTABLISHING THE SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT - LAND ACQUISITION FOR SUB- SIDIZED HOUSING, WYNWOOD PROJECT TRUST AND AGENCY FUND ACCOUNT; PROVIDING A SOURCE OF REVENUE THEREIN FROM A FEDERAL GRANT IN THE AMOUNT OF $170,000 AND MAKING AN APPROPRIATION THEREFROM IN A CORRESPONDING AMOUNT:, FURTF R AUTHORIZING THE CITY MANAGER TO COORDINATE HIS ACTIVITY WITH DADE COUNTY'S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE ACQUISITION OF REQUIRED LAND FOR THE AFORESAID HOUSING ACQUISITION PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 28th was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES; NONE. ABSENT; Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8690. 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. 63 S E P 8 1977 38i DEFER CONSIDERATION OF PROPOSED ORDINANCE DEFINING "AMUSEMENT MACHtNEe PENDING Ctt1ENTS BY POLICE DEPARTMENT: Mr. Plummer: Mr. Mayor, on item 13, I seconded it before. I'll tell you I would like if its possible, I don't think this is an emergency. I would like to defer this and ask that a comment be given by the Police Department that if in fact this thing is enforceable, you know. This relate to a kid playing a pin ball machine under 17 his parents have got to be with him or a parents, and boy, I can just see where this is going to create a lot of problems, and I would just like to defer... Mayor Ferre: Well, who originated it? Mr. Plummer: I don't know where it can from. Mr. Knox: Well, it originated in the City Attorney's Office because we do have an ordinance( I don't have a number of it) which attempts to prohibit participation and amusement and games machines already and there was an injunction issued against the city declaring that that in some respect, that ordinance was unconstitutional. And, this is nothing more than an attempt to straighten that matter out. Mr. Plummer: Well, still I would like to defer it and ask the Police Department is this thing in fact enforceable or not? I move that it be deferred. Deferred until that report is forthcoming. ( Thereupon a motion to defer this matter until a report is forthcoming from the Police Department was introduced by Commissioner Plummer and seconded by Commissioner Reboso was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 39. SECOi4 READING ORDINAi: APPROVE OFFSTREET PARKING AUTHORITY, (►N HALL OLYMPIA BUILDING EXPENDITURES FOR FISCAL 1977-78 BUDGET. AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978; AND ALSO APPROVING THE ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 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 J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: NONE. ABSENT; Vice -Mayor (Rev.) Theodore R. Gibson THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8691. 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. 64 SEP 8 1977 MEM • • ■ 40. ORDERING (RESOLUTION: S.W. 22Nbi STREET - HIGHWAY IMPROVEMENT PHASE I11 H-4418, The following resolution was introduced by Commissioner Plurctr, who feted its adoption: RESOLUTION NO. 77-715 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 77-653 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT - PHASE III- H-4418 IN S. W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT - PHASE III - H-4418. (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 J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 41, CONFIRMING ASSESSMENT ROLL - TRIAL VIEW HIGHWAY IMPROVEMENT - H-4366, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-716 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF TRAIL VIEW HIGHWAY IMPROVEMENT H-4366 IN TRAIL VIEW HIGHWAY IMPROVEMENT DISTRICT H-4366 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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. Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson CEP 8 197? IIIIIIIIIMIIIIII IIIIIII 11 IIIII ith 42. PUBLIC HEARINGS: OBJECTIONS TO COMPLETED WORK - No, BAYSHORE DRIVE, SANITARY SEWER IMPROVEMENT Sly-5383 - C & S , the following resolution was introduced by Commissioner Plummier, who moved its adoption: RESOLUTION NO. 77-717 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY SULLIVAN, LONG & HAGERTY AT A 'DOTAL COST OF $83,165.73 FOR NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-C (centerline sewer) AND SR-5383-S (sideline sewer) IN NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT DISTRICT SR-5383-C (centerline sewer) AND SR-5383-S (sideline sewer), AND AUTHORIZING A FINAL PAYMENT OF $8,316.57. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso,,the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 43, APPROVE APPROPRIATIONS FOR DEPARTMENT OF OFF-STREET PARKING FOR FISCAL 1977-1978, Mr. Grassie: This doesn't have my recommendation. That does not mean that I don't recommend it Mr. Mayor. We have not been successful in getting the Department of Off -Street Parking to put this budget in the standard format that is true for all of your other departments. So we really can't vouch for it contents. Mayor Ferre: Alright, I'm going to make a motion after we pass this for the next fiscal year that the budgetary process for Off -Street Parking be in conformance with the same format whatever that is that is used by the City of Miami so that it can be applicable to the city format. Mr. Plummer: Move it in both items. AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978 BY THE DEPARTMENT OF OFF-STREET PARKING; CONTAINING A SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and was passed on its first reading by title by the following vote - AYES; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre NOES; NONE. ASSENT: Vice -Mayor (Rev.) Theodore R. Gibson 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. 66 SEP 8 1977 _■ ■ MEM ■ The folidwitig i lotion was introduced by Mayor Ferre, Who ceded itt adoptiOnt MOTION NO. 77-748 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT IN FUTURE BUDGET YEARS THE OFF-STREET PARKING AUTHORITY AND THE DOWNTOWN DEVELOPMENT AUTHORITY SUBMIT THEIR BUDGET ESTIMATE TO THE CITY MANAGER UTILIZING THE SAME BUDGETARY STYLE FORMAT AS USED BY ALL OTHER CITY DEPARTMENTS. t1pen being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Mayor Maurice A. Ferre Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon NOES: NONE. ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson FURTHER DISCUSSION: Mr. Plummer: Mr. Ia Baw I hope that you will first of all, convey to Mr. Wolfson, speaking for one Commissioner, that I'm damn proud of the job that you people have done which is a credit to him in this Off -Street Parking Authority. Number two, they wouldn't be shooting at you in the paper and saying what a bad job that you have done or inadequate job if you weren't ahead of them. They can't kick you in the tail unless you're ahead of them. And, I think it ought to be said in the paper _ something that somebody doesn't want to realize that you could have in fact be providing more parking in the Downtown Area had you not been having to do all the work for the County which they don't do themselves. I can imagine that just about all of the problems of parking in the downtown would be eliminated.had you had the opportunity to build a parking structure which you did for the County at Jackson Hospital in the Downtown Area. So I think it should be brought out that those same ones who are criticizing you today are the very ones that you kept out of trouble yesterday and that we will do the best that is possible and if we can in the future and I'm not going to forget it. We'll help them when everything else is done for us.because when we help them when they needed it they got what they needed and now they see fit to turn around and kick us in the teeth. I just hope that you express to Mitchell Wolfson and the other members of the board my appreciation for a job well-done, a fine good parking in the Downtown Area. Mr. La Baw: Thank you sir. Mayor Ferre: Amen to that Mr. Sa Baw. 44. FIRST READING ORDINANCE: APPROPRIAT QQNS .FISCAL YEAR ENDING SEPTEMBER 5U, 1�QQR/$. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS, REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummier, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 1,9 SEP 8 1977, ftcth No. 44. ON MOLL CALL: Mayor Ferre: The City Manager has specifically authorized the transfer of funds between accounts and withhold any of these;.... I think it raise funds from emcumberances or expenditures should such actions appear advanteously, the economic and efficient objections of the city and what she wants is comma (,) with the final approval of the City of Miami Commission. Mrs. Gordon: Yes, it's a transferring... Mr. Grassie: My impression Mr. Mayor is that it's completely impractical. We're talking about transferring money between a stamp account and a stationery account in order to make sure that you don't over spend any of your.... Mrs. Gordon: It doesn't say that here that it's a stamp account or other minor and insignificant account. It's quite broad in its scope and it could be any kind of account. Mayor Ferre: Well, you want to put an American limit to it? Mrs. Gordon: No. Upon approval of the Commission and that doesn't seem to be to be any devastating change to the Manager's ability to conduct his business. Mayor Ferre: Well, this is a change from the way we've done business as long as I've been around here. Mr. Grassie: Yes, it is. This happens 30 or 40 times a week that these transactions take place. Now, you know the suggestion that we bring that sort thing to the City Commission ... Mayor Ferre: Well, let me ask you this? Has this been the standard operating procedure for the City in the past, the way it is now? Mr. Grassie: What is suggested in this ordinance is what the city has been doing probably for 30 years. Mayor Ferre: Is this the way Metropolitan Dade County functions? Mr. Grassie: This is the way most cities in the United States function, yes. It's also standard procedure for... Mrs. Gordon: Can I ask a question? You are bringing to us in our agenda quite a number of items which you're asking for us to approve the...you know, changing of funds? Why axe you bringing it to us? Mr. Grassie: The things that we have brought in,the past and continue to bring to you and would under the terms of this ordinance are any changes which would modify the appropriations that you are making in this ordinance. Mrs. Gordon: That's what I'm asking you. Mr. Grassie: Well, if that is what you're asking... Mrs. Gordon:* If I'm not expressing myself to you clearly, then that is my intent. Mr. Grassie: Oh, well that we have been doing and under the terms of this ordinance will continue to do. Mrs. Gordon: But it doesn't say so in writing does it? Mr. Grassie: Yes ma' am it does say so. Mrs. Gordon: Show me where. Mr. Grassie: Let me ask the Finance Director to comment on the terminology. Maybe that will help with our discussion. Mr. Gunderson: Yes there is a distinction between what the charter says regarding transfers that the City Commission must approve. Those transfers provide the City Commission must approve them between funds or between departments. Mrs. Gordon: That's what I'm talking about. $r. Gunderson: But those that refer between accounts there's a distinction. An account is like an object of expenditure and those... _ 68 SEP 8 1977 Mar MTh GotdOn: Pine. If itin he a Show me where it is and I'll forget the whole thing. I�lr. Gunderson: No where listed in that ordinance is an account they are funds or departments speaking. but they are not accounts relative to a transfer to which this is Mayor Ferre: Is this covered by the charter? Mr. Gunderson: Yes. Mr. Knox: Mrs. Gordon --- Mr. Gunderson: It's covered relative-- if you get the distinction. The distinction is that first of all there are no accounts that the kind which the Manager moves being delineated in that ordinance. The thing that is prescribed from moving are between those items that are listed in that ordinance and those are -between depart- ments and between funds and those must be changed by the City Commission action only. Mrs. Gordon: In other words, you're telling me you don't have to have it in here because it's spelled out. Mr. Gunderson: In there,right. Mrs. Gordon: Ok, then I accept that. Mayor Ferre: Alright, now are we ready? Mr. Plummer: Well, Mr. Mayor the only thing that I can put on the record is so that when I read tomorrow's headline so I can truthful say that it's incorrect. This is a first reading for mechanical purposes only. Mayor Ferre: That's correct. Mr. Plummer: That in no way that it is first reading for 45, FIRST READING ORDINANCE; have we adopted any budget or appropriated any monies, mechanical reasons only. Amen. DEFINE AND DESIGNATE TERRITORIAL LIMITS OF CITY FOR PURPOSES OF TAXATION; FIXING MILLAGE AND LEVYING TAXES FOR FISCAL ENDING SEPTEMBER 30, 1978, AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION, SHALL BE DECLARED UNCON- STITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS. Was introduced by Commissioner Plummer and seconded by Vice -Mayor Gibson and passed on its first reading by title by the following vote - AYES: Commissioner Manole Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer., Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the eipubCicaarecord rd and an ounc�edbli.c. d that copies were available to the members SEP 8 197?) • MIV 46* SECOND READING ORDINANCE: AMEND CHAPTER 39 OF THE CODE TO PERMIT CONDO TIN OF RECEPTION OR SOCIAL GATHERING AT ORANGE 101. STADIUM BY USER, EACH CALENDAR YEAR, Mr, FlumMer: t got to know some more about item 21. Mayor Ferre: Alright, Mr. Manager? Mr. Plummer: We're not serving beer in the Orange Bowl, how come we're serving cocktails? Are we getting any additional rental Mr. Grassie? Mr, Grassie: This really Commissioner, is an accommodation to the team. What they have asked is that they be allowed to use a space under the stands and to improve it slightly so that they can have some of their guests, some people who represent the opposing team$, some of the news media, and have some place to entertain them. There is no cost to the city. It is simply an opportunity for them to do it and this would make it legal for us to extend that. Mayor Ferre: And, as of November 8th, it's going to be legal all over the Orange Bowl, so it's ... Mrs. Gordon: They won't be selling anything there? Mr. Grassie: No, it is a place where they provide drinks and you know, something to eat. Mrs. Gordon: May I understand you clearly,they, meaning the players? Mr. Grassie: The Dolphins. Mrs. Gordon: The team? Mr. Grassie: Mr. Plummer: Mr. Grassie: and they are available to if they wish The management of the team,yes. Well, now this is not to the Dolphins is it? No, this is written broadly but the requests come from the Dolphins the ones who are improving the area. They have agreed to make it other organizations,such as,the Orange Bowl or the University of Miami it. Mrs. Gordon: This is out of the view of the general public. area away from the public? Mr. Grassie: It's in the same area if you remember holds it's annual party in that same area. AN ORDINANCE ENTITLED - This is an enclosed where the Orange Bowl Committee AN ORDINANCE AMENDING ARTICLE II, CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MIAMI ORANGE BOWL MEMORIAL STADIUM", BY AMENDING SECTION 39-25 THEREOF BY DELETING THE PROVISION THAT LIMITS AN AUTHORIZED USER OF THE ORANGE BOWL TO ONE USE OF A DESIGNATED AREA OF THE ORANGE BOWL FOR THE PURPOSE OF CONDUCTING A RECEPTION OR SOCIAL GATHERING EACH CALENDAR YEAR; FURTHER DELETING THE REQUIREMENT OF TERMI- NATING SAID RECEPTION OR SOCIAL GATHERING THIRTY MINUTES BEFORE THE SCHEDULED COMMENCEMENT TIME OF THE EVENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIRE- MENT OF READING ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Mayor Ferre and seconded by Commissioner Plummer, said Ordinance was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Vice Mayor Sheodore_R.. _.Gibson _--_ Mayor Maurice A. Ferre NOES: Commissioner Rose Gordon. Pursuant to authority contained in Section 4, Section (f) of the Charter of the City of Miami, the requirement of reading this ordinance on separate days was dispersed with by the following vote - AXES: Commissioner Manolo Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre. 70 two NOES: Commissioner Rose Gordon SEP 8 1977, AYES: NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice -Mayor Gibson, adopted said ordinance by the following vote - AYES: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre the City Attorney read the ordinance into the public record and anhotincec that ebpies Were available to the members of the City Commission and to the pub1it, • ON ROLL CALL: Mrs. Gordon: I don't have any emergency about this. 1 vote no to that one, 47, AMEND ORDINANCE No, 8589, SECTION 1- PROVIDE FOR CONTRIBUTION OF $85,000 FOR IMPROVEMENTS TO OLYMPIA BUILDING, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8589, ADOPTED NOVEMBER 11, 1976, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR 1976-77 BY AMENDING SECTION 1 THEREOF; PROVIDING FOR AN INCREASE IN THE GENERAL FUND APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS IN THE AMOUNT OF $85,000; PROVIDING FOR A DECREASE IN THE GENERAL FUND UNALLOCATED BALANCE IN THE AMOUNT OF $85,000; FOR THE PURPOSE OF PROVIDING A CONTRIBUTION FOR IMPROVEMENTS TO THE OLYMPIA BUILDING, AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice -Mayor Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8693. 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. 448. AMEN ORDINANCE No.8589, SECTIONS 1 AN 4, OPERATING DEFICIT AT DALLAS PARK APARTMENTS (DEF RRm AFTER DISCUSSION) Mr. Plummer: Somebody got to convince me of that, spend $88,000 and we're going to tear it down. Mayor Ferre: Mr. Manager? Mr. Grassie: As you know, initially the City had anticipated discontinuing use of that building sometime during the current year and the consequence in the budget less than a full year of operation for it. Now based on the process that we're making in the conference center and the schedule that we're on with regard to getting federal money for that conference center, it now appears that we're going to operate at the Dallas Park Site for at least another year, approximately a year. And, if we're going to do that then we're going to make use of the property for that period of time. We would need to make this kind of expenditure. Rev. Gibson: How much is that? Mayor Ferre: Eighty something. 71 SEP81977 Mt piu tet3 Mr, Manager help Sie6 Mayor Ferre: I'll tell you what, may 1 afi$wer just for clarification purposes Mr. Plummer: Sure! Mayor Ferre: This is $130,000.00, I think for a partial year's operation.last year. Now, what we're talking about is $25,000.00 from August 1st through September 30th is $25,000 with an additional $3,500 needed to make repairs, comply with the Metropolitan Dade County minimum housing standards, $3,500.00. In addition we've got to come up $54,445 which is ad valorem taxes the City of Miami requested for an exemption to the facility and it was rejected. Therefore, we've got to come up with $54... Mrs. Gordon: You know why because we're renting apartments. If we didn't we would not have to pay $54,445.00 and for the purpose that we have of obtaining small revenue from 30 residential tenants . It's costing us almost $55,000. Mr. Plummer: Ah, wait a minute Rose you haven't started sweetheart. I draw your attention to the 20 page 22 of the budget in which this City Commission is going to be spending an additional $170,715.00 to subsidize. Mayor Ferre: Mr. Plummer: No, no, no. This is on this year's appropriation Mr. Mayor. Mayor Ferre: Father, this is not part of that? Mr. Plummer: No... Mrs. Gordon: This is an additional sum for the next year. Mr. Grassie: If I may Mr. Mayor... Mr. Plummer: I'm willing to stand corrected. Mr. Grassie: Commissioner Gordon and I spoke very briefly about this yesterday. I think that the point she makes about residents in the building is a valid point. I think that we have to analyze whether or not the City should move forward to actually ask those people to move out of the building so that we can avoid the County taxes, because that is the major element of cost that we're talking about. Mr. Plummer: Mr. Grassie, excuse me sir, I'm sorry but I got to differ with you sir. You know I just cannot in my mind justify spending $90,000.00 roughly on a building that you know you're going to tear down in a year. Now, to me the people living in the apartments is not the criteria. You know, it hurts me tremendously when I go down there today knowing that building was supposed to have been down by now and because of whatever reason may be it's still up. And, I see people down there restoring the building. You know the Mayor is streaming about taking these damn huts down here in the back and I agree with him and you agree with him, but I pull out of this place and I see people down there painting them instead of tearing them down. Now, you know I know nobody gave us that paint. Mr. Grassie: Well, Commissioner, the fact is that we've got a couple of hundred people in the building. A couple of hundred people working in the building, not tenants, a couple of hundred city employees. Now, you know, I agree with you that we can move the 30 tenants out and we can not allow anybody else to move in. Mr. Plummer: What will that do for us? Mr. Grassie: The point that Commissioner Gordon is raising and I think it's a good point is that they should allow us avoid the County taxes, Mr. Plummer: How muchare the taxes? Mrs. Gordon: $55,000.00 Mr. Grassie: About $58,000.00. Mr. Plummer: Ok, you're talking about $58,000 Mr. Grassie, You're talking about at the present time and my mind is not that fast, excuse me, you're talking about $88,295, plus one year of subsidy at $170,715, which is $259,000. Now let's take the way you say $55,000 in taxes, roughly. Mr. Grassie: Commissioner, but your calculations aren't addressing the problem. i __ 72 sEp 8 1977, Mr. titfter: My problem Mr. Grassie is money: Mt. Grassie: Yes, and that's my problem als8. Mr. Plummer: I understand and I hope that be the case Mr. Grassie: And, it takes money to provide some place for a people to work. Mr. Plummer: Mr. Grassie, my question is sir... Mr. Grassie: How many alternatives do we have? Mr. Plummer: Alright, sir, that's what I want to get too. Mr. Grassie, those people obviously, haven't been in that building for more than a year. Mr. Grassie: About a year. Mr. Plummer: We have a police building that is sitting vacant doing nothing. Mr. Grassie: I don't think that's true sir. eoupie of huhdited Mr. Plummer: Well, let's say that the greatest percentage of it is. We're spending money to watch the building and I for the life of me Well, I didn't clarify it but if you want to argue both sides I will. You know, here we're talking about this building is sitting over there vacant. We're not paying taxes and a coat of paint would fix it up, but yet we're spending S204,000.00 if we get the tax exemption to put into a building that hopefully if everything goes right will be torn down within a year. Now, I'm sorry that doesn't make good financial sense to me. You could probably paint that building up over there for a fourth of it and it's a building that you're going to be using. Mrs. Gordon: I think you make sense. Rev. Gibson: .... along with the fact that we're going to lay off all these people. That's right! Mr. Plummer: I'll move it be deferred. I said from the onset. Prove that I'm wrong. A motion to defer Agenda Item #23 was introduced by Commissioner Plummer and seconded by Vice -Mayor Gibson was passed and adopted by a unanimous vote of the Commission. 49, FIRST READING ORDINANCE: AN ORDINANCE ENTITLED - AMEND ORDINANCE 8589, SECTION 1 - APPROPRIATE $676,000 FOR WORKMEN'S COMPENSATION BENEFITS, AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, ADOPTED NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1976-77 BY AMENDING SECTION 1 THEREOF; DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS AND COMMUNITY PROGRAMS BY $676,000, AND APPROPRIATING THAT AMOUNT TO THE FINANCE DEPARTMENT FOR THE PURPOSE OF FUNDING WORKMEN'S COMPENSATION BENEFITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Mayor Ferre and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Mayor Maurice A. Ferre Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson NOES: None, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public, 73 50, FIRST READING MINI(: AMEND ORDINANCE No.8589, SEcTIoN 1, PROVIDE CONTRITUION TO GUSMAN AND OLYMPIA BL-DGS. TO COVER OPERATING DEFICIT. M VP AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, ADOPTED NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR 1976-77, BY AMENDING SECTION 1 THEREOF; PROVIDING FOR AN INCREASE OF $39,665 IN THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS; AND A DECREASE OF THAT AMOUNT IN GENERAL FUND UNALLOCATED BALANCE; ALSO AMENDING ORDINANCE NO. 8560, ADOPTED JULY 1, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING FOR FISCAL YEAR 1976-77; FOR THE PURPOSE OF PROVIDING A CONTRIBUTION TO THE GUSMAN HALL AND OLYMPIA BUILDING BUDGET TO COVER A $39,665 OPERATING DEFICIT OF THAT FUND FOR THE YEAR ENDING SEPTEMBER 30, 1976; CONTAINING -A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Vice -Mayor Gibson and passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice-Mayor(Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 51, FIRST READING ORDINANCE: AMEN ORDINANCE No,8589, SECTIONS 1 AND 4 - DECREASE ANTICIPATED SALARY SAVINGS, Mrs. Gordon: Yes, that needs some explanation please Mx. Grassie. Mr. Grassie: If you remember Commissioner, when we started this year we had budgeted $2,000,000.00 of anticipated salary savings as if they were revenues. What we are doing here is recognizing the fact that we have made those savings so that when we finish the year we will not end up with exceptions on the part of our outside auditors. We're simply adjusting our accounts to reflect that we were able to do what we said we'd do at the beginning of the year. Mrs. Gordon: Here again, this has nothing to do with the monies you had set aside for the salary raises that weren't given? Mr. Grassie: This particular adjustment is for the vacancy savings that we'd budgeted at the beginning of the year. Mrs. Gordon: The vacancy savings is not the salary increases. Mr. Grassie: That's correct. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 8589, ADOPTED NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR 1976-77, AS AMENDED, AMENDING SECTIONS 1 AND THEREOF; PROVIDING FOR A DECREASE OF $1,099,321 IN CERTAIN APPROPRIATIONS AND REVENUES; FOR THE PURPOSE OF DECREASING "ANTICIPATED SALARY SAVINGS"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Mayor Ferre and passed on its first reading by title by a unanimous vote of the Commission. The City Attorney read the ordinance into the public record and announced tat copies were available to the members of the City Commission and to the public. 74 SEP 8 1977 S2 FIT READING ORDINANCE: AMENb ORDINANCE 8589, SECTION 1, INCREASE DEPARTMENTAL. APPROPRIATIONS TO PROVIDE FUNDS FORt OVERTIME) ;HOLIDAYS, SHIFT DIFFERENTIAL & SEVERANCE PAY AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 8589, ADOPTED NOVEMBER 11, 1976, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR 1976-77 BY AMENDING SECTION 1 HEREOF; PROVIDING FOR AN INCREASE IN DEPARTMENTAL APPROPRIATIONS AND FOR A CORRESPONDING DDECP TS AN APPROPRIATION FOR SPECIAL PROGRAMS AND COM4MI7NITY PROGRAMS, TO FUNDS FOR OVERTIME, HOLIDAY, SHIFT DIFFERENTIAL, SEVERANCE PAYCOtTAINIA REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote - AYES: Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and pounced that copies were available to the members of the City Commission and to the public. 53, FIRST READING ORDINANCE: AMEND CITY CODE, CHAPTER 64, ENVIRONMENTAL PRESER- VATION, TRANSFERRING JURISDICTION FROM THE BUILD- ING DEPARTMENT TO THE PLANNING DEPARTMENT' AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING MIAMI CITY CODE CHAPTER 64, ENVIRONMENTAL PRESERVATION, 64SE SECTIONS AND (3), 64-8 (a), 64-6 (c) (4) AND (d) (1) ► AND (c) (3), 64-10 (e) AND 64-17 TO TRANSFER JURISDICTION OF ENVIRONMENTAL PRESERVATION FROM THE BUILDING DEPARTMENT TO THE PLANNING DEPARTMENT REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Vice -Mayor Gibson and passed on its first reading by title by the following vote - AYES: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso d The City Attorney read the °rdinanf theinto Cityepublic Commissioncand toand public that copies were available to the members o SEP 8 1977 AYES: MST READING ORDINANCE: VAMEND Cm CODE) CHAPTER F ��-MEMENVIRONMEN'TAL PRESERBARDi AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING MIAMI CITY CODE, CHAPTER 64, ENVIRONMENTAL PRESERVATION, BY DELETING PARAGRAPHS (a) AND (g) OF SECTION 64-4, PROVIDING FOR AN ENVIRONMENTAL PRESERVATION REVIEW BOARD OF FIVE MEMBERS, WITH TWO ALTERNATE MEMBERS, AND BY ADDING SECTIONS (a) AND (g) TO PROVIDE FOR A SEVEN MEMBER BOARD; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Vice -Mayor Gibson and passed on its first reading by title by the following vote - Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso 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. 55, FIRST READING ORDINPI'JCE: ESTABLISH 3RD YEAR CD BLOCK GRANT PROGRAM TRUST AND AGENCY FUND ACCOUNT, Mr. Plummer: How does 30 differ from 11? Mayor Ferre: This is the Third Year Community Development Block Grant Program Trust Agency Fund Account which is part of the federal government... Mr. Grassie: The other item is simply the Social Service Agencies Commissioner. This is the Third Year Community Development Block Grant Account. Mr. Plummer: This one speaks to it in its entirety rather than just Social Services Mr. Grassie: Yes, rather than just social services as was the case with the previous one. Mr. Plummer: So actually we passed them out of order. We should have passed this one first. Ok. No problem. I'll move it. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TRUST AND AGENCY FUND ACCOUNT; PROVIDING FOR REVENUES THEREIN FROM A FEDERAL GRANT IN THE AMOUNT OF $9,286,554 AND MAKING AN APPROPRIATION THEREFROM IN A CORRESPOND- ING AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO COORDINATE ACTIVITIES, ENTER INTO AN EXECUTE AGREEMENTS WITH CONTRACTORS, CONSULTANTS, SOCIAL SERVICE AGENCIES, AND OTHER LOCAL PUBLIC AGENCIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by a unanimous vote -of the Commission. 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. 76 S E P 8 19774 . Plitt READING ORDINANCE: AMEND RULE XIX, SECTION 2 AND 3, CIVIL SERVICE RULES- EMPLOYEES OF FIRE FIGHTERS BARGAINING UNIT WILL AC- CRUE VACATION AND SICK LEAVE, Mr. Plummer: What is the reason for this, is it because the contract is in Violation of the ordinances, is that, to me it would seem like it's automatic's Mr. Naples: I can explain that if you would like. Mr. Plummer: Well, let me ask from them. I don't pay Gene Naples yet. Mr. Naples: I'm sorry. Mr. Plummer: Is there some conflict with item 32 that the labor contract is in violation of the ordinance and we're amending it to make it legal is that what it is? Mr. Grassie: One of the things that we agreed with the Fire Fighters on in negotiations was that if we negotiated some provisions which was different than an existing prevailing Civil Service Rule that we would go to the Civil Service Board and attempt to get them to change it and then bring that to the City Commission for ratification. That's the process that has been ongoing and we're just simply doing that here. Mr. Plummer: That's what I was asking. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING RULE XIX, SECTION 2 AND SECTION 3 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 WILL ACCRUE VACATION AND SICK LEAVE IN ACCORDANCE WITH THE PROVISIONS OF THE CURRENT LABOR AGREEMENT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 77 SEP 8 19T Re-esTABLisii WIDI OP MtaMt VEYORIAL COMMITIEE, The following resolution was introduced by Commissioner pier, who ITO its adoption: RESOLUTION NO. 77-719 A RESOLUTION RECONSTITUTING THE CITY OF MIAMI MEMORIAL COMMITTEE, REDEFINING ITS PURPOSES AND OBJECTIVES, OUTLINING THE COMMITTEE'S STRUCTURE, AND FURTHER PRO- VIDING TERMS OF OFFICE FOR THE COMMIrrt:E'S MEMBERSHIP NAMED HEREIN. (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 Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 58, AUTHORIZE AGREEMENT BIG-5 ROWING CLUB FOR FACILITY AT MARINE STADILM. Mrs. Gordon: I had asked for all of you to be here because I wanted to ask a question on it. And, most of the questions I had have been answered. However, in the document itself there is just one area that Ixould like to see an amendment, that is in paragraph 11 and that pertains to the Assignment and Subletting of the Premises. I believe that it should be brought to the attention and to the Commission for any subletting or assignment of the premises and not an Administrative decision. And, I would recommend a change. Mr. Reboso: Item 11 Rose? Mrs. Gordon: Yes, paragraph 11, or section 11, whatever you want to call it. It's on page 4. It's on the bottom of the page and the exclusion would be"written author- ization granted by the lessor." With all due respect to whichever Manager, maybe our Manager, I do believe it's the decision, it .should be the decision of the City Commission whether or not some other person or persons or operation should come into possession of that area, ok? Alright, then we'll amend that. I would like to ask somebody who could answer whether this is going to be a facility that the public will be entitled to? Mr. Reboso: It is very clear right here. Mrs. Gordon: I read it. Yes, I read that they're going to do things for teaching, this and that, but I just want to know that it's an open public facility. Mr. Reboso: That's exactly what I asked them. The answer was yes. Mrs. Gordon: Ok. Then if you'll just amend that one thing, then I'll second your motion. Mr. Reboso: Ok. I move it Mr. Mayor. Mayor Ferre: Ok, as amended Commissioner Reboso moves and Commissioner Gordon seconds item number 34, as amended. Further discussion on it? If not, Call the roll. The following resolution Was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-720 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BIG FIVE CLUB, INC., PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT FOR A PORTION OF THE MIAMI MARINE STADIUM. (Here follows body of resolution, omitted here in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was dopted by the following vote - AYES: Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. and on file 59. DEFERRAL OF CONSIDERATION OF EMPLOYMENT OF FIRM FOR SECURITIES AND MANAGE- MENT EVALUATION FOR RETIREMENT SYSTEM. Mr. Grassie: No, this is brought back because the City Cormission asked that we have a report directly from members of the Board and they, I believe are here to speak for themselves. Mr. Jaremko: For the record my name is Ed Jaremko and I'm a member of the Retirement System Board. In our ordinances page 53, 41-411 it states that the trustees shall have a continuing duty to observe and evaluate the performance of the investment counsel retains. If in the soul discretion of the trustee it is determined that the investment counsel is not performing in the manner satisfactory to the trustee. A trustee shall do whatever maybe necessary to improve the performance of the investment counsel or to terminate the employment of such investment counsel subject to the approval of the City Commission. This service would provide us an auditing and a measurement against our standards. Mr. Plummer: Ed, let me cut you short ok, and speak to the one point raised by the Commission. I think we can cut right through it. I don't think the Commission had any objection to an outside firm doing such work for the Board. The discussion and discrepancy came about in doing it in soft dollars rather than hard dollars. Mrs. Gordon: And, another consideration is soft dollars vs. hard dollars is the possible conflict which might arise from the performance manager being a brokerage house. There is a strong feeling of discomfort with the thought that you know you're selecting a performance measurement firm who are also brokers. I often wonder why you took this route instead of selecting a performance management firm which has no connection with any, in anyway shape or form with any soft sales or brokerage sales in anyway. Can you explain to why you feel this is an advantage to you? Mr. Plummer: Well, Rose, let me try to answer for the Board, ok, because I can defend that point even though I'm opposed to it. The defense of that point.is very simple Rose, that it was felt by the Board that this was getting the job done at a lesser rate than the other proposal. Now, that's the reason the Board was such in favor of this because it saved something like 12 or $13,000.00. Soft dollars were 12 and I think hard dollars was 25. Now that's the answer. Mrs. Gordon: That isn't the point J. L. , the soft dollars, hard dollars. I'm talking about the selection of a performance measurement firm that has a dual interest in the money managers. In one they're be measuring their performance and on the other hand they will be servicing their account. Mr. Plummer: No. That's not true Rose. Soft dollars here represent that you must place through this firm "x" number of executions. They will not be making the selection. They will merely be the broker, not the money manager who makes the decision to buy or sell. Mrs, Gordon: I know. That's what Pm saying. 79 SEP 8 1977, Mf. Flume±: So they're now evaluating themselves. Mfrs Gordon: No, it's true, but face the reality of the situation that says that you measure the performance of someone who's giving you business. Mr. Plummer: Well, the City's giving them the business. That doesn't sound right. Mrs. Gordon: No, the money managers have full discretion. The City does not select the purchases and the money managers do and they are the ones who are being evaluated by the same ---- firm. Had you tried to get a performance measurement firm that was not in the brokerage business. Mr. Jaremko: We submitted bids and those that replied we received them both back on a hard and soft dollars basis and the ones that had no connections were extremely high. This soft dollar commission actually represents these small portions of the commissions generated. Irwin Mazin provided me with statistics; the average per quarter was $34,959 per quarter. We only need $25,000 throughout the whole year. So it's only a very small portion of the brokerage, fees that will be.submitted to provide this service and that is only one of the services that they provide is the best execution. We don't know at this time what we're paying. We don't know if we're getting a good deal or not. Mrs. Gordon: That wasn't my question. I asked if you had or you meaning the Board --had tried to locate a firm that had no ties to any brokerage house whatsoever? Mr. Jaremko: We submitted the bids but we didn't provide that within the bids that they be not connected with the broker.and there was one that did reply I believe that his bid was . I'm not sure but I know it was higher because this was the lowest bid. Mrs. Gordon: Well, I think maybe we ought to defer this item until we can get more specific information as to whether there are any opportunities for your Board to engage someone that has no tires to any brokerage house whatsoever, and you say there was, so you're not sure how much and maybe you could furnish it to us at the next meeting. Mr. Jaremko: Well, is the Board then willing to ...the Commission then if I can understand the direction from the Commission. They would rather spend say, twice as much and not be associated with the brokerage firm...? Mrs. Gordon: I can't speak for the other people here. I can only say that by the standards of the amount of money that is involved in these accounts it is the end result that is the most important thing and that is to get the best measurement of the performance of the individual money managers unbias in anyway at all by any transactions that are going to take place between them would be to a worthwhile expenditure of whatever, I don't even know what it is. I have no idea what the funds, what fees you have received from any other sources and you don't seem to recall either. Mr. Jaremko: Well, we started at the bottom and it was about 12,500 for the lowest bid and then it went up to around $25,000. Mrs. Gordon: I'm talking about those that are not connected with brokerage houses. And, you say there were some who were. Mr. Jaremko: No. I think the important thing is here is in our -- the bid specification was unsatisfactory to you because then we have to re -submit it on the basis... Mrs. Gordon: It would be my personal suggestion that you do that. Mr. Plummer: Ed, why don't we defer it? We meet next Friday and we'll just supply to the Commission those firms who bid. Because I remember distinctly there were firms who did not include the soft dollars, who were not associated with the brokerage firm and then... Mrs. Gordon: That's right and pick one of those. Pick the one you think is the best for your purposes. Mr. Jaremko: Ok. Mr. Plummer: You follow me? Mr. Jaremko: I understand. Mr. Plummer: Erny, wasn't there two or three firms that were totally independent? Two? Yes, ok. And, there was a price associated with it? 80 S E P 8 197Z Mt . dot -doh: Will you bring it back to us in More co:plete for please? Oka Mr. Jaremko: Ok. Thanks. Mayor Ferre: Alright, then this item I assume would be deferred until that tithe. There is a motion by Mrs. Gordon, seconded by Mr. Plummer that item 43 be deferred. Call the roll. A motion to defer Item 43 to bring back in more complete form was passed and adopted by a unanimous vote of the Commission. EOM AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH FR ATES, FLOYD, PEARSON, STEWART, RICHMOND AND GREER FOR EMINENT DOMAIN ACTION - F.E.C. PROPERTY Mr. Knox: The material that was just distributed to you based upon the fact that Frates & Floyd would be representing us and based upon the fact that at the time we passed the first resolution authorizing the taking we had another law firm. We are recommending that you first rescind the resolution that you passed before and adopt a new resolution which was prepared by the Frates Firm, since they are the attorneys that would be going forward with the litigation. The first action is to engage the law firm that's item 44. Mr. Plummer: I want to make this record awful clear because when I have to come back and remind you. Mr. Mayor, have any of you read the letter from Mr. Frates? Mrs. Gordon: Yes. Mr. Plummer: You see what he says in there? Not only now are we going from $200,000 which was the original legal fee. Mayor Ferre: Mr. Plummer: firm that we Mayor Ferre: No, $275,000. No, the original was $200 Mr. Mayor. The original was $200. The last talked with was $275 and now it's $300. Why don't you clarify this for us Mr. City Attorney. Mr. Knox: The City Commission orginally indicated a ceiling if you will of $200,000. The first firm asked $300,000. The City agreed to $275,000 and now Frates is expecting up to $300,000 for all of their representation. Mr. Plummer: That's right. Now, I want to bring to your attention and for the record the letter from Mr. Frates, dated August 19th, ok. In which he states, 'in view of the past negotiations with other attorneys, it might be appropriated for me to state that we have not been asked, nor have we offered, our opinion concerning the advisability of a "Quick Take Action" procedure." He goes on to say,"it is our thought that this is a policy matter for the Commission to determine." Now, I want to tell you I take great exception with the fact that Mr. Frates has not been asked his opinion , nor has he offered. Because let me tell you something, you know, back when we decided, "we", on a four -to -one of which I voted against, decided to go to what, at the legal counsel Mr. Knox recommended was"the" finest condemnation lawyer available who told this Commission you're doing the wrong thing. He wouldn't be a part of it and in subsequent times has withdrawn from a fee of which I'm sure his firm could use of $275,000. You are now ready to engage a firm for $25,000 more and you haven't even asked his opinion. Now, I'm going to tell you that if that is proper business procedure ... they've got a saying in the Police Department which is "CYA" and that is "Cover your little red wagon", and this is nothing more in my estimation of covering the little red wagon. I can't for the life of me go and engage an attorney based upon the history of the short term that we have had that you don't even ask his opinion. To me that is stupidity of the highest degree. Mrs. Gordon: Mr. Plummer: Mrs. Gordon: May I say something to ease your feelings of con --- Rose, you can say what you want, it's not going to ease my feelings. Ok. Well then I'll say it anyway. Mr. Plummer: Please do. Mrs. Gordon: This firm that we're talking about is not a small time operation. You're talking about probably one of the finest firms in the United States of America and 81 SEP8197Z that handles cases on the national level as you all well know. This fine knew that We had gone into the posture of a quick taking. This firm did not go in here blind. This firm knows where we're going, knows where they're going. This fine will win this case for us and will get it in there at its lowest price as it can be obtained. I have no qualms whatsoever about giving them a ceiling of $300,000 because that's what it is. It's a ceiling. And if it can be brought in at less it'll be brought in at less J.L. Mr. Plummer: Rose I love you, but you haven't answered the question. Frates,in my estimation, is probably one of the finest firms in the United States that I know of, ok? Mrs. Gordon: True. Right. Mr. Plummer: What I'm saying is Rose that you're going to spend here an appropriation of $300,000 without even asking the man and he tells you. He tells you right in this letter,"you know why I haven't given an opinion, you ain't asked." - Mrs. Gordon: Because he is not making the decision. Mr. Plummer: Rose, all I am saying is let's ask. Mrs. Gordon: Well, let me say this again. We were elected to make decisions. Mr. Plummer: Not we. Not his decisions. Mrs. Gordon: We were elected to make decisions. We made a decision. He made his decision that he can support, that he can take this case and win it. He certainly does not want to his credit a case that he can't win and certainly he would not take this case if he couldn't win it. Ask the lawyer that's sitting here, he'll tell you. You wouldn't take a case you knew you couldn't have a chance of winning it. I don't think we need any further conversation. You have a motion and a second. Mr. Plummer: Well, Rose, you know how I'm going to vote, but for God's sake Mr. Knox please do me, so I can sleep well, would you ask the man his opinion? Mr. Knox: Yes sir, I can anticipate his response. His response will be just as we indicated during the deliberation about the manner in which the taking would be accomplished and that is that whether or not you use quick take procedures is a policy matter to be determined by the Commission. Now in the contract itself Mr. Prates firm has indicated that as a matter of policy the City Commission has decided by an affirmative vote to use the quick take procedure for taking this property and he is committing himself to proceed as instructed by his client in that regard. Mrs. Gordon: Correct. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-721 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SPECIAL LEGAL SERVICES, (A COPY OF WHICH IS ATTACHED HERETO) WITH FRATES FLOYD PEARSON STEWART RICHMAN & GREER, TO PROSECUTE AND/OR DEFEND ALL ASPECTS OF THE EMINENT DOMAIN ACTION TO BE FILED IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, TO BE STYLED CITY OF MIAMI V. FLORIDA EAST COAST RAILWAY COMPANY, ET AL., INCLUDING ALL WORK IN THE CIRCUIT COURT AND ALL WORK IN THE APPELLATE AND SUPREME COURTS, IF NECESSARY, AND AUTHORIZING THE FINANCE DIRECTOR TO PAY THE AMOUNTS REQUIRED FROM THE PARKS AND PEOPLE BOND FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner.Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOU; CO SSioner J. L. Plummer 82 SEP81971 , Ott& P1t Met: What are we tescihding? t4±. Knox: That's the actual determination iif necessity and the actual &uthor'igatioh of the taking. Mrs. Gordon: For the acutual condemnation. Mr. Plummer: Under quick take? Mr. Knox: Alright, what we're doing is the resolution... alright, we've already passed a resolution authorizing a quick take. Mr. Plummer: Now you're rescinding it. Mr. Knox: And, then we're going to adopt a new resolution which was prepared by the Frates firm since they are firm thats going... Mr. Plummer: And where is that? Mr. Knox: That's attached. Mr. Plummer: I'll be more than happy to vote in the affirmative to rescind. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-722 A RESOLUTION RESCINDING RESOLUTION NO. 77-630, WHICH AUTHORIZED THE CONDENMNATION OF THE FLORIDA EAST COAST RAILWAY PROPERTY BOUNDED BY BISCAYNE BAY ON THE EAST, BISCAYNE BOULEVARD ON THE WEST, PORT BOULEVARD ON THE SOUTH AND NORTHWEST 9TH STREET, AS EXTENDED, ON THE NORTH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Second resolution. Now under discussion, this was drafted by Dan Paul and Bill Frates. Mr. Knox: As far as I know it was drafted by Frates firm. Mayor Ferre: Now, Mr. Knox, the difference between the first resolution was a very simple one which gave you the authority to proceed to condemn the Florida East Coast Railroad Property and was rather broad in nature. This on the other hand is a very specific resolution. Would you tell this Commission the difference between these resolutions? Mr. Knox: Alright, each condemnation attorney has a particular style or a particular Mayor Ferre: I'm not worried about the style, excuse the interruption. I'm worried about the substance of what it is that we're doing here so that we all know very clearly what it is we're getting into. Mr. Knox: Alright this is more specific than the original resolution because the court could ask more specific questions. This is just designed to anticipate the kinds of questions that would be raised at the trial level and setting forth the policy of the Commission regarding those questions. Mayor Ferre: Well, let me ask you this question? It says specifically, a public park and recreational purposes for the construction of the extension of the New World Center -Bicentennial Park . If a future Commission once this is all done five or ten 83 SEP 8 1977 years from now finds in its wisdom that it wants to do something in that park other than dedicate 15 or 20 million or whatever it is of property for more green space does that mean that this Commission will thef'efore, or this City is bound, that it cannot do anything in that park other than public park and recreational purposes? Mr. Knox: Not necessarily because that future Commission would have the power to rescind this resoultion and pass this on. Mayor Ferre: Well, not after the taking. If the taking is based on that, my question to you are we bound with that in perpetuity? Mr. Knox: Alright. No we're not. We're only bound by the provisions that are contained in the bond issue that was approved by the people. Mayor Ferre: So if the future Commission decides, for example, that it wishes to Utilize that property for the purposes of let's say building a museum. Mayor Ferre: Alright, if that's in keeping it would have to be determined whether or not a museum is in keeping with the spirit of the Parks for People Bond... Mayor Ferre: Alright, I accept that. Is there further discussion? Mr. Plummer: I invoke the rule. Mayor Ferre: Tell me what the rule is. Mr. Plummer: This has just be handed to me. I have not seen it prior to now. Mayor Ferre: Alright, you're entitled You're entitled. This matter then will be deferred and will be voted upon... Mr. Plummer: I invoke the rule Mr. Mayor until I've had time to read it. If I read it before the end of this day, I'll read it. Mayor Ferre: Alright, you're perfectly entitled like everybody else is here to invoke a 5-day rule and this matter was not on the agenda specifically covered... Mr. Plummer: Mr. Mayor, excuse me. Excuse me, go ahead and call the roll. I'm voting against it as you know it's a matter of principle. So I don't want to be accused of voting against and trying to hold it up. So go ahead and call your roll. I'll withdraw my objection and just vote against it. ON ROLL GALL: Mr. Plummer: Based upon the predicate of the finest attorney there was supposedly in condemnation advocating against this procedure, surveyor voting against this procedure. I will do likewise. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-723 A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING BY AN ORDER OF TAKING PRIOR TO A TRIAL AS TO COMPENSATION AND PURSUANT TO CHAPTERS 73 AND 74 OF THE STATUTES OF FLORIDA THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR PUBLIC PARK AND RECREATIONAL PURPOSES FOR THE NEW WORLD CENTER BICENTENNIAL PARK AND DIRECTING THE CITY LAW DEPARTMENT TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIDLE TITLE TO THIS PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES; OQMnissioner J. L. Plummer, Jr. 84 EEP 8 1977 rtitTitit bfsCUSStONt k Mr, Plummer: Mr. Mayor, let me ask a quests& just for the sake of clarification? Section 4, without stating a dollar amount, it states,"said City of Miami, its employees and agents are authorized and directed to incur all necessary expenses to institute and maintain said condemnation proceedings." Are you putting that forth in such broad terminology, any and all? That's a hell of a blank check. Mrs. Gordon: Well, J. L. I would have to venture a guess that every condemnation we have ever entered would have the same wording. Mrs. Plummer: Well, Rase, you know, we set a price. "We", you have set a price on the attorney.... Mrs. Gordon: The attorney doesn't pay court cost or filing fees and that's what this is to include. Mr. Plummer: Well, I'm merely thinking if the attorney runs out and gets another surveyor without the Commission approval. You've given him approval here. Mrs. Gordon: I have faith. Have faith... Mr. Plummer: Mr. Mayor, let me, please once again on the record so there will be no misunderstanding. I have nothing but the highest respect for the Frates firm. I know the capabilities and they are great. I have voted against this because I think it is a bad procedure. In no way is my vote in the negative reflect anything disrespectful for the Frates firm. Mayor Ferre: Alright sir. 61. ACCEPT BID: FIRE PurPERS, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-724 A RESOLUTION ACCEPTING THE BID OF OREN ROANOIE CORPORATION FOR FURNISHING FOUR FIRE PUMPERS FOR THE DEPARTMENT OF FIRE AT A TOTAL COST OF $310,- 484.72; ALLOCATING FUNDS FROM THE FIRE DEPART- MENT BOND PROGRAM; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre SEP 8 1977 62. PENAL APPEARANCE: MEMBERS OF G , E, A, REQUESTING COST CF LIVING4INCREASE, Mr. A. G. Sherman: Mr. Mayor, Mrs. Gordon and members of the Commission, any hate is A. G. Sherman. I'm the President of the Miami -Dade General Employees Associ- ation . I once again come before you to ask that this commission grant all em- ployees who are currently without a contract a 3+% Cost of Living Increase. Moneys were appropriated in the 1976-77 Budget. I am supported by petitions con- taining over 900 signatures of these same general employees. I would please ask you at this time to review the copy which I have put before you. There you will find the basis for our request. Mr. Plummer: Did you get a copy of this? Mr. Grassie: I just did, Commissioner. Mr. Plummer: Well, so did we so why don't we read together. Mayor Ferre: All right, Mr. Sherman, anything else you want to add? Mr. Sherman: No, sir, except I'd like to thank you for the time you've taken in this matter and I would like you to acknowledge the attorney for our association at this time. Mayor Ferre: All right, counselor. Mr. Irving Weinsoff: Mr. Mayor and members of the commission, I'm here on a very serious matter, I know you're going to take it up on the next item. Mayor Ferre: We need your name and address for the record. Mr. Weinsoff: Irving Weinsoff, the law firm of Weinsoff and Weinsoff, 28 West Flagler Street. On March 10, 1976 the Miami -Dade General Employees Association petitioned the Public Employees Relations Commission for certification as the representative of a wall to wall unit for all general employees with the exception of the S.E.A. , Sanitation Department. We had several hearings on this and the A.F.S.C.M.E. Union which had a contract at the time as we did also intervened in that proceeding. It is my understanding that AFSCME is going to come here be- fore the commission today and ask that we go back for another hearing or that something else be done rather than use the existing state law which is the demo- cratic process for reaching a union that's going to represent all the general employees. What I have in mind here, and I don't know whether you're all aware that yesterday the Miami -Dade General Employees Association and the City of Miami entered into a binding consent -election agreement in which there will be a wall to wall unit after a democratic election of all the employees. Mr. Plummer: Is that excluding Sanitation? Mr. Weinsoff: Excluding Sanitation and a few other people excluding managerial- and confidential and excluding SEA. That consent election agreement together with the people who are managerial and confidential have been sent to PERC. It was sent up by plane yesterday, a copy was delivered to AFSCME. I would like to read to you the letter that accompanied it because it really outlines what occured to show that we are truly trying to have this as an open democratic process and a letter to Mr. Carson, the chairman, reads as follows: "Enclosed herewith is a Consent Election Agreement executed by the Miami -Dade General Employees Association ion, petitioner in the above captioned representation cases and the City of Miami. The unit for which this Consent Election Agreement is being filed is a single city-wide unit excluding sworn personnel and Sanitation Department Employees and is the unit recommended by the hearing officer in his report and recommended order of August 26, 1977. We are filing this Consent Election AGreement with the de- sire that the basic representation issue which has been pending in Miami for over one year might now be resolved on an expedited basis. AFSCME Local 654 was invited to participate in this Consent Election AGreement on September 2, 1977 but declined to do so. We are sending a copy of the enclosed agreement to AFSCME so that it might reconsider and join in the agreement by executing a copy and filing it with PERC and servicing copies on the City and petitioner. If AFSCME continues to decline to become a party to the Consent Election Agreement we urge the com- mission to finally approve the hearing officer's recommended unity termination and approve the Consent Election Agreement. As soon as the election can be con- ducted the long awaited resolution of the representation issue for the bulk of the City of Miami employees will be determined." It is signed by me. I'd like to 8 S E P 8 1977 just call your attention to sevetal things. (1) That the present status of this case is as follows: The Hearing Officer made his report some time in August, the Coim ission is going to have a hearing on it. There should be no change with re gard to our position right now, I think it,,foould be unlawful for us to do so, I think the PERC Commission should have its gay, determine what the appropriate union will be. I don't think that the commission should have anything whatsoever to do with it. I think it should be neutral. I think that if you in any way at this stage of the game tamper with it I think you'd either be aiding, assist- ing or abetting in the forming or formation of either one of these unions. In no way has there ever been a blue collar, orwhite collar unit in this city, there have been members only contracts and the law was changed in 1974 which the PERC Commission will make a determination as to what the appropriate unit will be and I don't think it is for us to make the determination. We've spent countless thousands of dollars, the city has spent thousands of dollars, we've had six or seven days of hearings, all sorts of investigations. The time has come when PERC is about to decide, no burden upon the City, no burden upon us, we've all had our proof in and all of a sudden Willy-Nilly a position is sought to be changed. I think the employees at this time should be given the opportunity at a free election to determine whether or not they want AFSCME to represent them or they want the Miami -Dade General Employees Association to represent them with- out any interference from the Commission. Thank you. Mayor Ferre: All right. Now, is there somebody who wants to talk to that point? Is there a representative of AFSCME here who wants to speak? Mr. Plummer: Well, Mr. Mayor.... Mayor Ferre: I think they're entitled to.... Mr. Plummer: No, I don't. Now may I please for a matter of procedure, I think they have a right to talk under item 61 - we are on item 60 and this is, in fact, speaking to the Cost of Living Increase. Now let's take one item as we go and it is the only way we're ever going to get out of here tonight. Mayor Ferre: I stand corrected. Is there anything else on item 60 at this point? Mr. Sherman: Yes, I'd like to recognize Joe Bryan, Vice -President of our Assoc- iation. Mr. Joe Bryan: Good evening, Commissioners. I know most of you real well. How's the gardenias growing? Mr. Plummer: Fantastic! Mr. Bryan: I grow gardenias and I want everybody to know, while I'm here I adver- tise. Here's what I want to tell you. You know you can't take out of a pot con- tinuously without putting something in. Now the City employees for about two years the,general employees,haven't had but 2% and even the county is going up on our taxes this time I read. The fact is they're getting so they're higher than the city and we don't even have to pay garbage tax. People will be moving back into the city. But I think that you should look at this thing. The Police and Fire has gotten 31%. I don't even believe AFSCME would be mad if you gave them 31%, I've talked with a few of them and they'd be happy. Let's get that and then we could ar n or talk about what goes but we're two years behind. The City of Miami oead, we should be in the forefront, we shouldn't always be the cow's tail. And I think that we've got the money, it's in the budget, I think you should vote that let's pay everybody and then go on from there because men go home and the wife looks at him and says, "I went down and bought a can of sar- dines, they're 52C now. We used to pay a dime. Says they went up 15C since last Saturday." So let's put a little bit more in the General Employees pocket. The morale is kind of bad, they think GEA is sitting down on their tails. We've been arguing, spending money with lawyers and AFSCME lawyers have been messing things up all along. I've never seen so much law over doing what's right and that's all I want is right. I want the City Commission to do that. Rev. Gibson: Ahmen. Mr. Bryan: And you people that know me that sit here, Rose and Gibson here and the Mayor and Mr. Reboso knows good and well that I'm only asking for what's right. So I'm depending on you right now. Let's do it, let's not keep this thing going on like this. It could go on forever if we keep these lawyers acting on it. Mayor Ferre: All right, is there anything else on item 60? Anybody on the com- mission? All right, now Mr. Plummer 87 $EP 8 1971 Mfg M1u eer: Well, if yoll'fe not.... t assume by no action of the coMMissiO that ends the item. Mayor Ferre: No, I think what it means is that we're going to be going into budget hearings on the 15th, 24th and 26th. Mr. Plummer: Mr. Mayor, you and I understand that but for Joe Bryan who only comes down here once in 18 years he's going to walk outside scratching his head and say what in the hell hit me. What bothers me in this thing.and not that 1 take everything that A.G. says to be correct, but it says here that they were promised, A.G., you were promised before September 30 of 77 an increase of 31%? Who promised you that? "Mr. Sherman: Well, perse as a promise no one promised,that the money was allocated for the General Employees Funds to receive a 341% increase. Mr. Plummer: But nobody perse, this commission nor the administration,to my .1cnowledge, have made any commitment of any percent to other than Police and Fire. Now is that a correct statement? Mr. Sherman: This is correct, we'd have to enter into collective bargaining which as you well know at present time we're not certified and will not be able to enter into collective bargaining until we are,and that could be another six to twelve months if we run into legality problems. Mr. Plummer: Ok. I just don't want anybody to come back and say this commission, I don't care if they say it about the administration, that this commission made a promise that it didn't keep with the employees,because to my knowledge there has never been a promise by this commission nor the administration that I know of. Mr. Sherman: At my last meeting,as you'll remember, Mr. Ferre addressed the City Manager as to when he thought we would enter into collective bargaining. At that time,Mr. Grassie informed the commission that he thought it would be in late August. Well, we're in September and as I said before, if we enter into any legal- ity problems on a Consent early Election,we're looking at possibly another six to twelve months before certification. Now if that happens, and once again we can drag this out where there will be no cost of living raise or any increase because you can keep saying that it is a negotiable item and we are not going to enter into it unless we are certified and can negotiate and this is what my argument is that this can drag on and on;and,as you well know, with the utility rise with Florida Power and Light and all of these, these employees cannot keep going on. Joe brought out that there has been 24 months they've received exactly 2% and I am well aware that the cost of living is now reaching in that period of time about 20% and I'll tell you it's just getting to the point that the employees - now the Fire and Police have negotiated, they were legally certified and they were able to reach into a negotiable contract with the city. But we're in a situation now ...and it's not the fault of the employees. it is the organizations which are repre- senting the employees. It's not the employees that are really, and they're the ones that are paying for this. Mr. Plummer: Except for the fact it is also not the fault of the commission, the City Commission. Mr. Sherman: I agree to that but this commission could.... Mr. Plummer: Well, but what I'm saying to you, the fault lies as I see it,in the fact that PERC has not made a decision. Now, they can make all the excuses they want of why they have not made the decision but, in fact, as I understand it,that this commission or this administration cannot negotiate with you until that certi- fication has been handed down. Mr. Sherman: Well, in answer to that I'd like to refer back to our attorney for a legal opinion on that, please. Mr. Plummer: Am I correct? Rev. Gibson: Isn't it true, Mr. Plummer, let me ask a question? If I heard right when some other groups were here it was said that if the city wished to recognize a unit that the city had that authority and prerogative. Jr. Sherman: Yes, sir. i 88 SEP 8 1977 Pave Gibsont And you know, I like what you said, sitr you'te fty kind of math, We don't have to go through all of that forteality business, if it is tight and just and fair, I hope that's what we're talking about. Mr. Sherman: Yes, sir. Rev. Gibson: Now the administration didn't agree with this position and that's why I'm going to speak to it. My understanding was and is that if this commission wished to recognize any group as a bargaining unit or if we wish to recognize all of the groups that we previously recognized,we have that right. Where is that man who was here giving us the law? Isn't that the truth? Sure it is! Mr. Plummer: But the point, Father, is at this day, the only ones that this com- mission has voluntarily recognized is SEA. We have not voluntarily recognized GEA and we have a plea from their attorney don't get involved.* Am I correct? Mx. Sherman: Yes, sir, we're not asking.... Mr. Plummer: Now all I'm saying to you, if, in fact, this commission was or could is immaterial. If we recognized you voluntarily then I am the first to concur we then can do with you money -wise. Mr. Sherman: Yes, sir. We're not asking ing agent for all the employees, we felt process, I agree with that. What we are can do it legally, is grant the 31% Cost on a petition of these 900 plus employee to be recognized as a collective bargain - this should be an election, a democratic asking this commission to do, and they of Living Raise which we have requested s. Mr. Plummer: Now A.G., old buddy, I don't see where you can have your cake and eat it too. Now you know, I'm just sorry to have to say that, I'm just sorry. But I think your own attorney recognizes the fact - please commission, stay out of this, stay out of it - and I'm going to tell you something. In my estimation, and I'm not talking as a labor lawyer, I'm not/but if this commission gives the GEA ten cents in effect we are recognizing you. Mr. Weinsoff: Mr. Plummer, may I address the commission? There was a time and I think if you will check the records with counsel or with Mr. Mielke that this Commission did grant an R.A. Petition to the General Employees Association. This commission and the administration did recognize the General Employees Assoc- iation as the sole bargaining agent for the General Employees, but just on that point I'm trying to correct you. Mr. Plummer: I understand that but this commission formally has not taken action. Mr. Weinsoff: No, we are in agreement with that. We're saying alright, we don't want to have the R.A., we're not certified now. It is our contention, let's get expediently to this election and whoever wins. whether it be AFSCME or whether it be the GEA,let's get to it and let's not change the course we're going in right now because that is going to delay it another six months to a year. Mr. Plummer: I agree. Mr. Weinsoff, let's put you in the other position, sir. If you were representing the opposition and this commission gave a Cost of Living which is requested to your opposition, don't you feel that that would be construed as recognition? Mr. Weinsoff: No, I don't. I think that if you offered a 31% without any strings attached just as a cost of living to all the general employees, all the general employees,I don't think that either the GEA or AFSCME union would say we don't want it. Mr. Plummer: But here again, Mr. Weinsoff, sir, you're a fine man in labor. Isn't 31%, in fact, part of negotiations? Mr. Weinsoff: There's no question about that but we're saying as a matter of pub- lic record that we're not going to file a charge against the city that it treated us unfairly or it did commit an unfair labor practice by granting a 311%. W. Plummer: That's not what I'm saying, sir. What I'm saying in fact is that you are asking us to pay you prior to any negotiations - not you, Mr. Sherman. Ok? And I wish to God this matter had been cleared up, I daily get hit in the head from my secretary who would well be a recipient if we granted what you want. You know,I get reminded of this everyday from her and I don't think any one of us sitting here would not like to get this matter cleared up. But as I see it unless I am completely out of character, our hands are tied.... Joe, rou should 89 be tp there screaming at that PERC Commission, "Because of you± inadtioh Weiih not getting our Cost of Living." ... Weli.,�then you'd better staff 4-ding tb the last resort. ... As I understand,that4s what your attorney is asking fbr, Mr. Weinsoff: No, Mr. Sherman asked for it. Mr. Plummer: Mr. Sherman. Mr. Weinsoff: No question about it,but I do think this, Commissioner Plummer, that as I understand it a request was made this morning by the administration to take the 31 million dollars or whatever it was, whatever the amount is,I'm not sure, and take it out and use it for other purposes and this money, as I under- stand it,was put aside for the benefit of the general employees after negotiat- ion. Now if you're going to take this money and use it for other things then the money won't even be available then. Mr. Plummer: I don't think, Mr. Grassie is that foolish. Mr. Weinsoff: That's all I have to say at the present time. I just would rather that we get that election. Mr. Bryan: ... Couldn't we hold an election Monday or Tuesday? ... Look, couldn't we hold an election democratically and have.... I'm GEA, if I'm beat alright, I go along.... But let's get this off of first base.... Mr. Plummer: Well,first base, Joe, is in Tallahassee. That's what I'm telling you. Mayor Ferre: Mr. Plummer, is there anything else you want to discuss at this time on Item #60? Mr. Bryan; ...intelligent men like here, all of us sitting here and we're dumb- founded by a bunch of hammerhead lawyers or something up there, let's get off of first base and do this thing right. Mrs. Gordon: I agree with you. Mr. Bryan: All right, you agree with me? Do you agree with me? Do you agree with me? ... Mr. Connor Adams: Mx. Mayor, may I speak? Mayor Ferre: I'll tell you, if you would,we've got to move along now. Mr. Adams: My name is Connor Adams, I'm the third Vice -President of the GEA. First of all there seems to be some confusion as to why we're up here. We're not up here to try to get the commission to recognize us as a bargaining unit. Mayor Ferre: We understand that. Mr. Adams: Second of all, is it not true that in the budget hearings of last year, not this year, of last year, that there was a 31% fund set aside for gen- eral employees raises when negotiations were available? Is this not true? Mr. Plummer: We understand there was a Contingency Fund established, yes. Mr. Adams: Well this is all we're asking for. We know that it is impossible for us to get a negotiating unit together in time to negotiate prior to the next bud- get which is already here. All we're trying to do is to be treated fairly and the fact that the City of Miami Fire Department, the City of Miami Police Depart- ment has already received their 31% retroactive to last October out of the same fund and we don't think that legally you need to negotiate with the City of Miami Employees Organization to give every general employee treated fairly and squarely with the City of Miami Fire Department and Police Department and get the same cost of living increase. This is all we're asking for and that's why the petit- ions are out. We're not up here for GEA we're up here for the general employees of the city,including AFSCME and SEA. This is why the petition was written out, it wasn't written out under the name of General Employees Association and this is all we're asking for. We need the money because our cost of living has gone up. Mayor Ferre: I've kept quiet, let me just answer you. I don't think that this Cgatmtssion can give you a proper response today and I'm just trying to be as 90 SEP 8 1977 frank as I cats with you. We're going to have budget hearings aid we're doing t0 get involved in this process on the 15th, 0t the 24th and on the 26th and I think that is the appropriate time when we discuts the whole aspect of what the City of Miami budget is going to be,including the raises or what have you. Now that's the only thing I can, now I'm just one voice on this commission but 've just got to be very frank with you. Now at this time we cannot, I will not vote for anything in this nature until we get further down the line. Now with regards to what Mr. Weisoff said, I completely agree with your statement, Mr. Weisoff, I commend you and I commend your associates and I think that the only way to do this is to let this process proceed in a democratic way, go forward in an elect- ion and let's get this thing determined. Whoever the majority want to represent them that's who ought to represent you and I don't think anybody can argue against that. Mr. Adams: Sir, may I ask one more question? Mayor Ferre: Yes, sir. Mr. Adams: First of all we're not talking about next year's budget which you're talking about. We're talking about last year's budget and we're talking about funds that are already available that have been put aside for this purpose and if we wait until next year's budget it's gone as far as we're concerned. This is what we're Mr. Sherman: Mr. Plummer is shaking his head. As I remember this morning, the review of the budget, Mr. Gary made a proposal on helping out the budget that they omit the 31% which was appropriated last year for the raise - to drop it - which would mean in essence that we would not receive it and the moneys would not be available. Mr. Plummer: Mr. Sherman, did you hear anybody up here agree with that budget as proposed? Mr. Sherman: No, this is true but Mr. Ferre is saying let's continue with the budget hearings which means if the money is released from the allocated funds then we are in that position. Mayor Ferre: But Mr. Sherman, I didn't say that I, and you haven't heard me say one way or the other what my position is on this budget. Mr. Sherman: This -is true, but we will not have possibly more or less the oppor- tunity to come before you again before you pass the budget or omit that from the budget. Mayor Ferre: Mr. Sherman, you have the right to come up before this commission any time you want to in the budget process, in a public hearing,to present your position as can every member and every person that's in this room. That's what we have a public hearing for. .... Mr. Plummer: But you see, you're asking for answers from us when you should be asking for answers from Tallahassee. ... No, you're wrong. You're wrong. Let me tell you where you're wrong. See, you keep referring to a fund being set up of 31% - that's wrong. That fund, in fact, was set up of 8h% to cover you peo- ple. Ok? Eight and a half percent. So,all I'm saying to you is,you want the spirit of negotiation, you want the spirit of representation now you've got to follow the rules and we're not making the rules and neither is the administrat- ion. The unfortunate part, and you can find fault where you want, is Tallahassee has not made a decision. It's pure and simple. That's what I'm telling you. Mr. Sherman: Thank you for your time. Mayor Ferre: All right, Mr. Sherman. Is there anything else on Item #60? MMr. Plummer: Yes, there are two other items on that. Mr. Manager, this commis- sion instructed you at the last hearing when we did, in fact, go on record finally, or whatever you want that you should start, I think the word was "posthaste" negotiation with Sanitation. Where does that stand, sir? I asked you for a re- port. Mr. Grassie: The very next day, Commissioner, we contacted the attorneys for SEA and asked that they meet with us. The informed us, as we told you they would, but they said it; they informed us that really they did not want to start the process until some word from PERC was available. Since then we have heard from 91 SEP 8 1977 1 PEAt and we are now waiting for the SEA unit to prepare its bargaining position, They have informed us that probably in the text ten days or so that they should have that done. Mr. Plummer: Ok, so you complied with the Commission's policy, Mr. Grassie: We've been in constant touch with them and are working really on their schedule. Mr. Plummer: And I see no heads shaking to the contrary from the Boo-hoo so I will take that then as being yes. Now, the second point. You were asked to make a clarification as to the commission's secretaries. We asked you to make a clari- fication as to the commissioners' secretaries, aides, whatever they were, whether or not they were covered under all aspects,whether they were covered under normal procedures1because it was our understanding, us the commission, that they were on a contractual basis,that they were not, in fact, covered by Civil Service pro- cedures and I asked that that matter be clarified and brought back here before this commission. Nowodo I have a status report? Mr. Knox: Yes, sir, I'll give you a status report, I won't give you an answer at this time. A member of my staff did prepare a memorandum and it was necessary to work with the Department of Human Resources in order to answer the question that was raised, I believe by Commissioner Gibson. Unfortunately, in the interim, I was out of town on vacation and my assistant is recuperating from surgery and I have not been in contact with him with respect to a currentupdate but we are in the process now of preparing an answer and I assure you that you will have one by the next regular Commission Meeting. Mr. Plummer: Well, I hope that you will avail yourselves of what I asked the Clerk to forward to you, copies of the minutes as they related to those hirings because they were very clear by then manager Andrews that they were not normal city employees under procedures as generally accepted that they, in fact, were on a contractual basis and it was my understanding at the time that unless my replacement as a commissioner wanted that secretary her termination stopped when my term stopped, that she was not covered under normal procedures of Civil Ser- vice, she was covered under pension but I would like that thing to be clarified so there will be no more question about it. Rev. Gibson: Mr. Plummer, for the record, both men the Manager and the man at Human Resources, I asked both men because I was the guy involved, to give me a memorandum declaring what my position was in ten days and I have never seen so many days go by to be ten yet. Mr. Plummer: Ok, I didn't place the ten days but I'm going to say the sooner the better so we can get the matter cleared up. Let's go to 61, Mr. Mayor. 63, PERONAL APPEARANCE: (HERS OF A,F,S,C,M,E, TO DISCUSS COLLECTIVE BARGAINING PROCESS, Ma:►or Ferre: A11 right, now we're on Item *Al and I'll recognize representatives from AFSCME. Mr. Tony Corbo: My name is Tony Corbo and I'm the Assistant Area Director for the American Federation of State, County and Municipal Employees for the State of Florida. As you know1at the last City Commission Meeting,I objected to the act- ion that the City Commission was taking with respect to ordering bargaining for the Sanitation employees without extending the same priviledge to the other general employees. I am asking you today to take a course of action which could ex- pedite the process. We are trying to avoid a divisive election herein the City of Miami. The two groups that are left in the election process, GEA and AFSCME, have had intense feelings over a number of years and I'm just trying to avoid a divisive election. The morale of the employees is very low with talks of lay- off and the lack of wage increases;so,at this time I would like to introduce our attorney, Mr. Robert Sugarman, who has a proposal to make to this commission. Mr. Robert Sugarman: Good afternoon, my name is Robert Sugarman and I am with the law firm of Kaplan, Dorsey, Sicking and Hessen. We represent the Miami City Employees Local 654 of the American Federation of State, County and Municipal Employees. This is one of the few times that I have been knocked down before I even stood up3 and I'm referring to Mr. Weinsoff's arguments. However, Mr. Wein- stiff has excluded and has not mentioned two important things which this commis- Sion should consider. (1) In his plea for an election,he has not mentioned to 92 SEP 8 1977 you that the divisive effects of an election which it will have upon this city, upon the efficient operation of this city's4government, upon the employees who Will be in effect torn apart and being forited to vote for one organization or against another or in effect vote against each other. This has a terribly detri- mental effect upon the morale of employees especially when they're fighting among themselves and we are seeking to avoid that. Mr. Weinsoff also failed to mention in his lengthy recounting of the history of this problem that the law has changed and that all of the games that we played up until July 1st really don't matter because the rules have been changed. On July 1, 1977 the latest amendment to the law went into effect and it said that when PERC decides what an appropriate bar- gaining unit should be which is the problem that's sitting in Tallahassee now PERC should also consider the interest of the employees and the employer and the continuation of a traditional workable and accepted negotiation relationship. That language was not in the law before and that is all that we are asking for. We are asking that the GEA and AFSCME and the City continue the traditional work- able and accepted negotiation relationship that had existed in the city for so long. That relationship was that AFSCME represented a unit which may be generally described as blue collar workers, that GEA represented a unit which may be gener- ally described as white collar workers, SEA represented Sanitation Employees, the Fire Fighters and Police had their respective unions. And you have implemented that,or 3/5 of that by recognizing Sanitation, Police and Fire. Now all we have left are the general employees and what we are saying is that they should not fight among themselves, that the city should not be put through an election but rather the city should vow to continue its traditional workable and accepted negoti- ation relationship. And how do you do that? By doing for us, AFSCME,and by doing for GEA no more than you did for Sanitation and that is directing the admin- istration to support a blue collar unit, which you always had under the name of AFSCME1and a white collar unit which you always had under the name of GEA,and ask the city to support that in front of the commission and ask the city to join us in our request to the commission to hold a brief hearing or to open up the record so that we can submit evidence that,in fact there was a traditional workable and accepted negotiation relationship. That evidence was not submitted in the prior hearings because the law was changed on July 1st and the hearings were before July 1st. So that's what we're asking, that you do for us what you did for the other three, that you direct the administration to support the concept of a blue collar unit and a white collar unit and we, AFSCME,pledge to you now that we will only seek to represent the blue collar employees. We have no interest any longer in changing the way things have been for so many years. We want to continue to represent the blue collar employees, we want to negotiate on their behalf as soon as possible. We ask that the city`join us in urging PERC to recognize this traditional workable and accepted negotiating relationship of AFSCME being a blue collar union and GEA being a white collar union and sparing the city and its employees the divisive effects and the morale shattering effects of an election where employees are forced to vote against one another. Mayor Ferret For the rebuttal? Mr. Irving Weinsoff: For the record, Irving Weinsoff, General Employees Associat- ion. I'm really surprised to hear the statements but , I'd like to call to your attention that on August 17, 1977 the commission wrote a letter to your labor counsel and in there reiterated that AFSCME had filed an unfair labor practice charge against the city for recognizing GEA. And in that letter1the counsel for PERC stated that at issue and the question before the commission was the issue of representation. Now,I state to you that that is exactly what exists right here. What AFSCME would like you to do is to dip into our union membership, and I'll read them to you in a moment, and say all right, we're going to recognize all you people who belonged to GEA for the last 15 years, you're now members of AFSCME. And I say that is not the job of the commission. We have received a copy from AFSCME of the classifications which they would consider in their unit. I tell you now for the record that the laborers classification 3001, 3002 we have a substantial number who are members of our association and the Labor Foreman 3010 and 3011 we have a substantial number there. Going right down the record from 3001 all the way to 6010 we have classifications in everyone of those cate- gories. 0n the second page, from 6003 right down - groundsmen, gunsmiths, heavy equipment mechanics, masons, painting foremen, watchmen, it's even too cumbersome to relate to you. I think that it is encumbent upon the commission to say, "Look, we're going to have a city-wide unit and that's all there is to it". These members belong to both groups. People in all classif icattlons belong to both unions. Now, as to the issue of divisiveness, in every election there is divisiveness, but that's the democratic process. What are we going to say? ...That you are never going to have a challenge to your seat beeause it is going to be divisive? That Commissioner Reboso is going to remain in his seat forever?..I'm sure he wishes that were so. And that goes for everybody in a democratic State, but the fact of the matter is let these employees go to an 93 SEP 8 1977 election, let theta choose Who they Want, let the chips fall where they May. In otir opinion there should be only one organisation representing all of these people. #Jow as to the issue of a traditional unit,%.I tell you that we had a members only contract and what that means is only members of the GEA were covered under the GEA contract and members of AFSCME were covered under the AFSCME contract. There was no such thing and there is no such thing as tradition other than members only and that isn't what AFSCME is asking for. They're saying select a group of classifications, make those the blue collar, they'll represent them and the white collars certain classifications, GEA will represent them. We say nix to that. We want a democratic election across the board and even if we loose which we feel we won't1that's the way it's going to be. Thank you. Mr. Bryan: Let me bring this right up to what it is. AFSCME knows they're whipp- ed and now they're out to get a few people paying more money into that national MEM union and we are your representatives by general employees here, the GEA Mayor Ferre: Look, I see your point about the potential of division on this. On the other hand I want to say that in a matter as delicate as representation of a group,the City of Miami Commission I don't really can do anything but to let the democratic process rule and I think we've got no choice,but to permit because that's the way it should be - whoever the majority of the employees want as their representative that's who is going to represent you and that's the way it should be. Now,I want to tell you that I'm sure you're concerned about wounds that may come out of this and I'm sure there will be some but believe me I've seen it happen before. Those wounds will heal very very quickly and I think every- body will settle down to whoever is the successful winner in this election will have the full support of all of the employees,and I don't know if anybody else on this commission wants to add any words to that, you're perfectly welcome to do so, if not,we'll move onto Item *63. Is there anything else? Thank you very much, ladies and gentlemen. Yes, ma'am. Ms. Rosemary Melvin: My name is Rosemary Melvin and I'm from Communications and I'm a general employee. I'd just like to say that if I would have known, I've never attended a Commission Meeting, that my dollar out of my pay check was going for this I would have given it up a long time ago. The point here is the people want a raise. I don't care what color my collar is and I don't care who backs me, all I care about is that I'm an individual and I work for the city and I'm dedicated to the city. I'm a proposed budget cutback for the 78 season which you know I love my job and I love working for the city. I want my raise, everybody here wants their raise. They don't want to hear about GEA, they don't want to hear about AFSCME, they don't want to hear the fighting. All they care about is that the Commission will give them a raise. There is too much dissention here, it's not necesary. We know you can't answer us today, we don't expect an answer today. We just want you to understand that we do want a raise and we know that you're going to try and do for us what you can. Thank you. Mayor Ferre: Thank you. , CONFIRMING RESOLUTION: AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT FOR ARCHITECTURAL SERVICES — LITTLE HAW OrtNI1Y CENTER, The following resolution was introduced by Comissioner Plummer, who roved its adoption: RESOLUTION NO. 77-725 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CON- TRACT WITH BOUTERSE, PEREZ & FABREGAS FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF THE LITTLE HAVANA COMMUNITY CENTER; FURTHER PROVIDING THAT IN THE EVENT A SATISFAC"ORY AGREEMENT CANNOT BE NEGOTIATED WITH THE AFORESAID FIRM, THE CITY MANAGER IS AUTHOR- IZED TO NEGOTIATE A CONTRACT WITH LEE RAMOS AND RUSSELL, MARTINEZ AND HOLT, IN THAT ORDER; FURTHER INSTRUCTING THE CITY MANAGER TO SUBMIT THE FINAL NEGOTIATED CONTRACT TO THE CITY COMMISSION FOR ITS APPROVAL PRIOR TO EXECUTION. (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 - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 65, CONFIRMING RESOLUTION: AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT FOR ARCHITECTURAL SERVICES — CITY'S ADMINISTRATION BUILDING. The following resolution was introduced by Commissioner Plummer, who moved its adoption: AYES: RESOLUTION NO. 77-726 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CON- TRACT WITH PANCOAST, BORRELLI, ALBAISA ARCHITECTS, P.A. FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A CITY ADMINISTRAT- ION BUILDING IN THE DOWNTOWN AREA; FURTHER PROVIDING THAT IN THE EVENT A SATISFACTORY AGREEMENT CANNOT BE NEGOTIATED WITH THE AFORESAID FIRM, THE CITY MANAGER IS AUTHORIZED TO NEGOT- IATE A CONTRACT WITH SICBB, INC. AND WILLIAM MORGAN & H.J. ROSS ASSOCIATES IN THAT ORDER; FURTHER INSTRUCTING THE CITY MANAGER TO SUBMIT THE FINAL NEGOTIATED CONTRACT TO THE CITY COMMISSION FOR ITS APPROVAL PRIOR TO EXECUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 95 SEP 8 1977 of 66* CONFIRMING RESOLUTION: CHANGE DATE OF REGULAR MEETING TO SEPTEMBER 23, �.977, trine followinq resolution was introduced by Commissioner Gibson` whet mewed its adoption: RESOLUTION NO. 77-727 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 22, 1977 TO TAKE PLACE ON SEPTEMBER 23, 1977 AND RESCIND PRIOR RESOLUTION NO. 77-661 WdHICH HAD SCHEDULED SUCH REGULAR MEETING FOR SEPTEMBER 20, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 67i MOTION OF INTENT - MEMBERS OF CITY COMMISSION TO ATTEND CONFERENCE IN CAKE TAHOE, ON RETIREMENJT. Mrs. Gordon: Maurice, I have been authorized by this commission to travel to Israel on the 29th, I'm not going. That was originally passed in July. I am not going to Israel and I just wanted this commission to be aware that I'm not travel- ing and there was a motion passed to that affect so I don't know if you have to rescind it or not but at least the public record reflects I'm not going. Mayor Ferre: I don't think that's necessary, Rose. Are you going on the other trip? Mrs. Gordon: At this time I can't say, I don't know. But I would like permission of the commission to attend the Public Employees Conference on October 2 which is in relationship to my position as Chairman of the Pension, of the Plan Board. Mr. Plummer: Where is that Rose? Mrs. Gordon: It's in Lake Tahoe and it lasts for three days. It is a conference specifically geared to public pension funds. Most of the other conferences have to do with YRISA which is pension funds of private industry but this one which is an annual conference is PERISA which is a public employees pension funds. Mr. Plummer: I'll move that any members of this commission who wish to avail themselves of going and attending that conference, funds shall be provided for, that anyone who wants to avail themselves of that seminar, that funds be provided any member of this commission. The following motion was introduced by Commissioner Plummer who moved its adoption. MOTION NO. 77-728 A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION THAT ANY MEMBER OF THE CITY COMMISSION WHO WISHES TO ATTEND A THREE-DAY CONFERENCE ON THE SUBJECT OF PENSION AND RETIREMENT SYSTEMS, TO BE HELD AT LAKE TAHOE, BE PERMITTED TO ATTEND SAID CONFERENCE, AND THAT RELATED EXPENDITURES BE REIMBURSED. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES; TOES; None. Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre 96 SEP 8 1977 IIIII1111111111111111111111111111111111111111111111111111111111111111111■1■ 1111111111■11IIIIIIIIIIIIIII■II.Ilimitmml n , MOTION OF INTENT CHAIR PERSONS AND EMPLOYEE MISERS of RETIREMENT $OAkDs TO ATTEND CONFERENCE IN LAKE TAHOE,'ON "RETIREMENT," Mts. Gordon: Also, Mr. commission to allow two hat and I think the two and Mr. Luis de Jesus. Mayor, the board passed a resolution requesting this members of the board to go and they drew names out of a that were selected if I'm not mistaken were Mr. Crouch Mr. Plummer: How about our side? Mrs. Gordon: I don't know whether your board did that or didn't do that. Ok, I would move that those board members whose names have been selected or if they don't go their nominees or their alternates be permitted to go. Mr. Plummer: Well, you know I think fair is fair, Rose. I think that each board ought to send one member truthfully. You know I think if one commissioner - if I can go I'll try to go but I doubt that I can - but if one commissioner from each board and one member of the board can go surely they can bring back the re- port and a synopsis of the thing for all. You know you're looking at a thousand dollars per person so I think it would be fair you know that one member from each board or the chairman of each board if it is possible that they go and the city should pick up the tab. Mrs. Gordon: Ok. Certain members of the board had said they would pay their own way... Mr. Plummer: Then there's no problem. Mayor Ferre: How much are we going to spend on this whole thing? Mr. Plummer: Maurice, I would say you're probably expending a thousand dollars a person. Mayor Ferre: And how many people are we agreeing to send? Mr. Plummer: What we're agreeing to I hope is four rather than five but Maurice, I have to tell you it's probably worth $100,000 worth of good to this board. Mrs. Gordon: The education is fantastic and you know you want your members to be knowledgeable. Mayor Ferre: Well I know, I'm all for it and I'm going to vote with you but I want to remind you that we're under very tight budgetary constraints and you know all of a sudden now four or five thousand dollars. I'm not telling you that's going to save our problems but you know four here and four there and ten there... Mrs. Gordon: A11 right. Personally, I'm not going to go the Washington trip so if you want to send a member in that place of mine I'm not going to be able to go I'm staying here. But where it comes to education I never feel these are dol- lars that are spent these are dollars that are invested and they are dollars that are invested in people's education so that they can better serve that particular agency that they're working for and so I would really like to move that two and two be permitted to go. That's a motion, two and two. Mayor Ferre: Mr. Plummer: Mayor Ferre: ... Four thousand dollars. Or possibly five. Or five. Mr. Grassie: Just for my information so I know what your intention is, Mr. Mayor, do I understand that you're voting on Commissioner Plummer's suggestion? Mayor Ferre: No, this is Rose Gordon's motion which I would imagine supersedes the previous motion which in effect says two and two. Mrs. Gordon: No, it doesn't supersede it, I would be going as a commissioner representing the.... Mayor Ferre: Well how many people are going on this thing? 97 SEP 8 1977 Mt, Mit ►er: bodied and one Mts. Gordon: Ok. Mayor Ferre: makes it four Mr. Plummer: is five. Possibly Lose would go, Possibly t Would go, two MeMbets froth her Member from our board. I heard two names mentioned on his board - or one was an alternate? That means two commissioners the way I count and... No, it's two commissioners, and one member from each board which one from my board and two from Rose's Mayor Ferre: Well, why two from one board and only one from the other? Mrs. Gordon: Ok, our board selected two names and they picked them out of a hat. Those were two names and those were Mr. Crouch Mr. de Jesus and those two people, I don't know about Mr. Crouch whether he even wants to go. He may not want to go. Mayor Ferre: Well I'll tell you what, we're talking about a thousand dollars per person. I would recommend one representative from each board go and each commis- sioner that's on each side so that would make it four and let them choose who... I'm sorry but you know right now.... Mrs. Gordon: for now. The would pay the Ok, let's not make a big to do about it. We'll make it that way board members also asked me to find out whether this commission registration fee if they paid their own way. Is that correct, Peter? Mr. Joffre: Right. Some of the board members, if they pay their registration fee and gave them the time some of them would pay their own transportation out there and their hotel out there. Mrs. Gordon: Mr. Plummer: Mr. Joffre: You see, these people are very dedicated to doing a good job. How much is the registration, Peter? Irwin, 125 or 175? ... Mrs. Gordon: Well we're members. ... Mayor Ferre: Well do we need to vote on this? Mrs. Gordon: We vote on the other call the roll first on getting there for members. Mayor Ferre: Getting what? What are we voting on? Mrs. Gordon: We're voting on what you amended my motion to be. Mayor Ferre: Ok. The following motion was introduced by Commissioner Gordon who moved its adoption. MOTION NO. 77-729 A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO PERMIT A TOTAL OF FOUR (4) PERSONS TO ATTEND A 3-DAY CON- FERENCE ON THE SUBJECT OF PENSION AND RETIREMENT SYSTEMS, TO BE HELD AT LAKE TAHOE, SUCH PERSONS BEING DESIGNATED AS FOLLOWS: 1 CITY COMMISSIONER (THE CHAIR PERSON OF PLUS 1 EMPLOYEE REPRESENTATIVE OF SUCH 1 CITY COMMISSIONER (THE CHAIR PERSON OF BOARD), PLUS 1 EMPLOYEE REPRESENTATIVE SUBJECT TO REIMBURSEMENT. THE RETIREMENT PLAN BOARD) , BOARD; and THE RETIREMENT SYSTEM OF SUCH BOARD, Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Rev. Gibson And Mayor Ferre. NOES: None. 98 SEP 8 1977 9i MOTION OF INTENT = POLICY OF Cm COf IISSION REGARDING EMPLOYEE MEMBERS OF RETIREMENT &6RDS ATTENDING CONFERENCE IN LAKE TAHOE+ Mrs. Gordon: Now we're discussing Mr. Peter ,7hffre's suna'stion. He's one or those that are willing to invest his own car fare, his own hotel and everything but he wants to get this education and I think it is commendable that they want to do it. Mr. Joffre: Mayor, I attended last year and I thought it was very productive, we learned quite a bit about pension and I'm willing to go out there now, pay my registration and give me the time off and I'd be willing to pay my flight out there and my hotel and meals. Mrs. Gordon: That's for any other members who wish to go. I don't think that's asking too much when we certainly are in need.... Mayor Ferre: Well, why do we have to vote on it? I don't understand. Mr. Plummer: Well, because we've got to allocate the time. Mrs. Gordon: You've got to let them off. Mr. Grassie: No you don't, that's really something we can do administratively Mayor Ferre: It's an administrative matter. Mrs. Gordon: What about the registration? Mr. Plummer: You've got to allocate the dollars for the... Mr. Grassie: If you simply indicate to me that that's something that you gener- ally would approve... The following motion was introduced by Commissioner Gordon who moved its adoption. MOTION NO. 77-730 A MOTION STATING THE POLICY OF THE CITY CO2rMISSION THAT ANY EMPLOYEE MEMBER OF THE RETIREMENT PLAN OR THE RETIREMENT SYSTEM BOARD WHO WISHES TO ATTEND A THREE-DAY CONFERENCE ON THE SUBJECT OF PENSION AND RETIREMENT SYSTEMS, TO BE HELD AT LAKE TAHOE, BE GRANTED TIME OFF TO ATTEND SUCH CONFERENCE PROVIDED THE TRIP IS MADE AT THE EXPENSE OF THE EMPLOYEE. PROVISION WAS MADE TO REIMBURSE REGISTRATION EXPENSES. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mr. Grassie: I'm assuming that on the two official delegates, the ones that are entirely paid for by the city that the boards will get some word to us so that we know who we're talking about. Mayor Ferre: Yes, of course. Mr. Plummer: Well, I can tell you from my board it is Ken Harrison. Mrs. Gordon: And I believe the first name we picked was Luis de Jesus, I believe wasn't it Irsin? Yes, Luis de Jesus then would be our board member to go. His name was selected to go first. Mr. Plummer: Mr. Mazin, I'm told that there is probably a problem. Who was our selection to go from our board? Jaremko? Chief Jaremko. Mayor Ferre: Hey, let's not argue about this this is something that you can deter mine amongst yourselves and do it administratively. 99 70i BIEP DISCUSSION Item! PRoPOsAL BY MAYOR FERRE TO AMEND LANGUAGE OP PROPOSED BONP'QUESTION ON THE NONEMBER BALLOT REGARDING $15 MILLION ORANGE BGL IMPROVEMENTS, Mayor Ferre: May I bring something up now before we leave? Now, this is the end of the day, this is not political... Mrs. Gordon: I have a feeling I want to hear taps. Mayor Ferre: No taps not yet, I don't think anywhere near yet. I just want to bring out for your sober and quiet deliberation hopefully and thinking process, and I think we can do it in five or ten minutes, the subject of the forthcoming Bond Election on the Orange Bowl. Now I know that we've already voted on it and the second vote comes up one of these days. Oh that's right, we've already done the second vote so it's on the ballot and that's that and the majority voted for it. I'd like to just put out for your thinking, the more I look at this Orange Bowl situation the more I realize that it doesn't make any common sense for this government, Metro or Broward County or anybody to go out and build a $50,000,000 football stadium when we already have a football stadium. Now you know my feelings and I'm not going to go into this again but with $15,000,000 the Manager has pointed out we can refurbish the Orange Bowl and make it almost into a brand new stadium. Now that's a lot of money, $15,000,000. Now I know how you feel about it, Rose, and I want to stress this is not a political thing I just want to soberly think about this openly with all of you. I personally don't feel that to ask a $45,000 home owner to pay $15 a year and eventually down to $10 a year is an unreasonable thing because the return on that - my God, we've gotten six Superbowls by 1979 out of 13 - just the publicity is worth it. And this is something that we'll pay over the next 20 or 25 years. We can refurbish the Orange Bowl and end up with a perfectly good acceptable stadium. The key point is this. I want to point out to you that the Orange Bowl from a publicity point of view to the world is used perhaps twelve times a year, ten to twelve times by our Miami Dolphins and then if it is selected for the Super Bowl or for some other important classic it might be used one or two other times. In addit- ion, it will be used by the Miami Hurricanes, etc. which really isn't going to set the world on fire and doesn't warrant the expenditure of a million dollars that it costs to run that stadium every year. Now, there's no doubt that if you look at sports facilities, and I don't mean that you all except for Father Gibson who missed my speech yesterday at Tiger Bay and I'm not going to bore you with it but I just want to take two minutes of your time to tell you. There's no question that the articles in the Miami Herald and the Miami News and people that have been - Miami and that is the general Miami area is dying on the vine. Eco- nomically it is in serious, the tourist industry which is our major support base and that ties into the airline industry - is slowly dying on the vine. Now I want you to know, I want you to notice that perhaps one of the most intelligent people in this community, Frank Borman the President and Chairman of the Board of Eastern Airlines has applied for flying rights into the caribbean and Borman put it this way, he said it very simply. He said, Miami is going down the drain and Eastern Airlines isn't going with Miami Beach. He was talking about the hotels on Miami Beach. I want to point out to you that out in Las Vegas this is the first time, last year was the first time that Las Vegas, as I recall reading the figures, had more hotels than all of Dade County put together. I want to point out to you that Disney World has had such a tremendous impact that the Orlando area would you believe has more hotels than Dade County? They've got 40 to 45,000, I forget the figure, hotel rooms where we only have 35,000. There hasn't been with the exception of Omni and a few others that may amount to a couple of thousand in the last 15 years and there hasn't been more than a couple of thousand hotel roams built in this community and this is supposedly our eco- nomic base. Now we're doing something about it on Watson Island, I recognize that. I want to point out to you that one of the most dynamic things that happens in cities like Atlanta or otherwise is when a sports arena is built. I want to further point out to you that there was a sports arena to be built at the FIU location, that that contract expires this month, if I'm not mistaken it expires on the 15th of September. That means that there are no viable pending plans to build a major sports arena. Now I know that there is a chicken and an egg sit- uation. Do we get the sports arena first or do we get the facilities or the teams first? I guarantee you that if the City of Miami or South Florida had - follow me now - had a major sports arena in this community, we have 21 million people in southeast Florida and I guarantee you we'd have a basketball and a hockey league team immediately down here. It's inconceivable that such a market would be let go by anybody. Now even Joe Robbie, and you've got to hand it to the guy you know you've got to have the... He's unbelievable. He really is an unbeliev- able man. The other day in the Larry King report in the Miami News Joe Robbie 109 SEP 8 1977 said, and t was floored when I read it and i recommend if you haven't seen it t'll send you a copy of it. He said this community needs a sports arena more than it needs a football stadium - Joe Robbie. Would you believe that he said that? He happens to be right and it shows you that really he is a heck of a guy. And for him to say that is the recognition of truth. Now I want to tell you that with that same $15,000,000 this city could build a 15 to 17,000 seat fully air conditioned basketball/hockey sports arena which we do not and nobody has in south- east florida. I would like to recommend to this commission that you give careful consideration to the idea that we amend what we're going to have on the ballot on the 8th of November and that you do this: First of all that we set a time limit for that money to be utilized. I don't think that we should open end, that we should go into another situation like we did in 1954 when $5,000,000 was earmarked for a convention center and here we are in 1977 and we still have not used that money and 13 years have gone by. I don't think we ought to have open end things like that. I think we ought to go to the voters and ask them permission to spend $15,000,000 by a General Obligation Bond Issue in 20 or 25 years and borrow $15,000,000 to improve the Orange Bowl within the next two years. Now if Mr. Robbie does not sign a long term contract I don't think there is a commission, this one or any future commission that in their right mind would go out and spend $15,000,000 for a stadium which doesn't have a major tenant user like a football team when we already have the Orange Bowl. Now you can make the same argument for the basketball and for the hockey league team and I would say that that is appro- priate but I would say that if we have $15,000,000 and if we went ahead and found the proper property to do it in - I might remind the commission that back when Paul Andrews was the manager we went into careful study and as a matter of fact Metropolitan Dade County gave us some land for that very same purpose, to build a coliseum. So this commission has gone on record previously on this matter. The point I'm trying to make to you is that I think we ought to put a time limitation of two years for that money to be expended on the Orange Bowl and if at the end of two years it hasn't happened and if somebody wants to come along and build a sports arena that we the commission, whoever is here beyond two years from now and I probably will not be here beyond that two more years, whoever is on this commission at that time would be entitled to utilize that money for the building of a sports arena complex somewhere in the Miami area and I think that if we, I think it can be worded, Mr. Knox, you'd have to be very careful that bond counsel would approve it. It would have to be a separate vote, and I would recommend that it be: Will the City of Miami be allowed to spend $15,000,000 in refurbishing the Orange Bowl, such moneys to be expended within the next two years and if not expended by November 8, 1979, and by that you have to define what expending means. That means a contract let and so on. That that matter be revoked. Now, then there would be a second question in the`event of the revocation of the aforement- ioned item and the money not expended, not expended for the purposes of refurbish- ing the Orange Bowl, that that money - the $15,000,000 - be allowed to be expended for a sports complex arena and that an additional two years be granted through the year 1981 for the same purposea and if that commission doesn't do anything about it between now and then fellows, lady, like Winston Churchill said, "Every group of people deserve the government they get." And it is up to us. Mrs. Gordon: Mr. Mayor, would you consider removing that from the ballot entirely and pursuing the idea of the new permissable Tourist Tax for tourist attractions and spread the load on the backs of everybody who comes here not only who live here permanently but those who come here as tourists and guests of this community for the purpose of we're providing them with entertainment and with attractions that they pay for it. I feel very very bad about always taxing City of Miami tax- payers. Sure, we're the center of the county but we're not the richest part of the county believe me, if anything we have more poor people and elderly people liv- ing in this area than we have affluent people. So why don't we as long as you have gone the route of reconsidering, in fact, your strong position of improving the Orange Bowl right away, in fact, you're not rushing out in the month of Decem- ber to let contracts if it passes in November why don't we go ahead and remove it and spare everybody the problem of having to make known the information of what it's going to cost them in their pocketbook where it hurts. Mayor Ferret Mrs. Gordon, I respect your position and I don't in answering you in any way, please, I don't want you to misunderstand. I'm not in any personaliz- ing this and I don't want you to misunderstand. I think that the City of Miami in my opinion and that includes me has been grossly negligent in the past twenty years by slowly letting major things out of our hands. If we had been more aggress- ive instead of less aggressive this commission should have long time ago fixed up the Orange Bowl. We should have long time ago gotten into recreational facilities. We should have long time ago put up a coliseum. WE should have long time ago done the type of things that support major tourist matters so that our tax rolls would indeed go up. Let me be very specific to you. You've traveled, I've traveled, 101 SEP 8 1977 etr V'te been to gansas City, f'de been to Oakland and I'Ve seen. You know whenedei govettteat is aggressive and goes cut and does things you know what happens? Other people build hotels around it, industry moves in, people build commercial buildings then they're taxed and that's the way. You see, there are two ways to do this. One is to do nothing and when you do nothing your tax base erodes and the burden goes on the little home owner which is what's.happened in Miami over the past twenty years. There has been very little growth in this community. It's all gone to Dadeland, it's all gone all over the place. Now, if we'd taken a different attitude and if we had been aggressive and if we had built a conference and convention center ten or fifteen years ago like we should have DuPont Plaza would have been built up by now, all that riverfront property. Look at what is going to happen when we get our convention center. You're going to be amazed. There are two people that are going to be fighting for that convention conference center. You're going to be amazed to see the kind of money those people want to put down here because they see something being done. We can't sit and wait for things to happen. That's why Miami is dying. That is why Miami Beach has been dying, because they've sat around waiting for somebody else to solve -their problem. It doesn't work that way. Now I would like to seriously recommend to you that you consider giving the people of :Miami that alternative and it has to pass on a fcu -f' :ths vote because it has to pass on an emergency basis, Mr. PlIm er. and I think that that's something, new it is already cn the 'a tint and that's that and I certainly am not for removing it for a very simple reason. We put it on a straw ballot before, you saw the reaction of the people, they knew what they were voting on. I don't go along with all of this silly stuff of well it didn't hit them is the pocketbook and therefore, `fiat's why they voted. You watch and see what is going to happen November the Sth. I predict to you that it will .tin by the same proportion it won last time because the people of Miami had the vision of wanting to see a better and improved cramuni'y and that's the way it's going to happen. We've got to stick our neck out a little bit. New, .... Mrs. Gordon: They have been hit by big big electric increases and also great big telephone increases and all of these things have happened since that time, Mr. Mayor and : think that the people have just had enough. They've just had all they can take. The Realty Board has passed a resolution asking the governor to recall the Public Service Commission, I mean people are up in eras :t's not just you and I but all the people - they can't pay their bills. Mayor Pere: You will be snrorised as yam were last time at the reaction of the people to.imprcve the Orange Bowl and they're going to vote for it as they did last time and it is going to happen all aver again and you just can't get away from the fact that people have a vinion of something better. They want to see this city move again. This cczmauni47 has not been dynamic enough and I `chink that this is part of the whole picture. I'm talking about jobs for blacks and Latins and women and everybody else. We need to prima that pump so that we will have the type of investments in Miami that we can tax on advalorem tax rolls so that the property owner, the little home owner is not forced and burdened to pay the proportion that he is today and it you look at progressive cities around the country that's exactly what's happened and those cities that are dying on the vine are the cities that are staying back and holding back not wanting to do any- thing because they're afraid of the type,of protests of those people who have bad enough ... and those are the cities that are dying cn the vine and 1 don't want Miami to be one of those. and I would recommend to you again, to this commission that we on this ballot for November give the electorate of Miami the alternative of using that money if we do not, if we•don't go for a major stadium that we go for a major coliseum sports facility. I don't mean to force the issue today, we have time. How much time do we have, George? Mr. =cm: We. have thirty days before the election. Mayor Pere: We've got. to advertise it 30 days before. Mr. Moot: Yes, sir. Mayor !era: and the election is on November the Sth. SO thirty days isn't until October sometime, is that right? 5o we have, wercaa take this up and I'm just ts3.ling.you about how I feel aboat it so that perhaps, Mr. ;Manager, you might if you would put it am the agenda for a coming Commission Meeting for disc3ssion and perhaps you sight do some homework into it and come up with acme kind of a raeom- mendatioa. Mrs. Gordon: Would you also come back to us with your opinion, your recommeadat- ign pertaining to that. tourist tax and how it could be handled through that vehicle? 102 SEP 8 1977 1 ■ ■ t Mayor Pefte: All right, thank you for listening. 71. ttIER DISCUSSION ITEM: COt4M1SSIONER GORDON ON tOARD OR REALTORSi POSITION ON PUBLIC UTILITIES INCREASESi Mrs. Gordon: Mr. Mayor, I wonder if you would want to consider reinforcing the Board of Realtors' position with regard to the increase in the power rates? They are asking us, all the people we possibly can to support the position thathattthe governor look into this matter. I would move you that we support that the Miami Board of Realtors have taken pertaining to the public utilities resolution. Mayor Ferre: All right, we have a motion. Is there a second to the motion? Is there a second to the motion? Is there a second to the motion? Hearing none, the motion is ... Mrs. Gordon: To support the position the Miami Board of Realtors have taken ask- ing the governor to take hold of the situation regarding the'Public Service Com- mission. Mayor Ferre: Rose, this is a matter that condemns the Public Service Commission. Mrs. Gordon: Right. Mayor Ferre: And I think that that is scamething that I don't know how everybody s else feels about it. It seems from the silence that I heard that everybody to think about this a little bit before we go out and pass a resolution. So if you want bring it up at the next Commission Meeting. Mrs. Gordon: Ok, I'll make copies and give you all copies. May I have back, the one I gave you? Thank you. THERE BEING NO FURTHER BUSINESS TCOME MBEFORE THE CITY COMMISSION THE MEETING WAS ADJOURNED AT 6.U5 CLOCK ATTEST: Ralph G. Ong.i.e CITY CLERK Matty Hitai ASSISTANT CITY CLERK Maun.Lee A. Fenne 103 MAYOR SEP 8 1977 CIWY OF IWAMI DOCUMENT INDEX ITEM NO 1 COMMISSION AGENDA AND CITY CLERK REPORT DOCUMENT IDENTIFICATION 2 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ORIGINAL AGREEMENT WITII O'LEARY-SHAFER AND ASSOCIATES. 3 ACCEPTING THE OFFER OF SERVICES FROM MALL TRANSPORT, INC. FOR FURNISHING A SHUTTLE TRAM SERVICE IN DOWNTOWN MIAMI TO NEW WORLD CENTER - BICENTENNIAL PARK 4 AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA. 5 GRANTING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AN EASEMENT IN EDISON CENTER PARK FOR TIIE CONSTRUCTION AND MAINTENANCE OF A RAMP FOR A PROPOSED PEDESTRIAN WALKWAY ACROSS I-95 6 ACCEPTING THE COMPLETED WORK PERFORMED BY GARCIA ALLEN CONSTRUCTION COMPANY, INC AT A TOTAL COST OF $42,366 7 APPROVING THE AMENDMENT TO SUBLEASE BY AND BETWEEN GROVE KEY MARINA INC. AND GROVE RESTAURANT LIMITED, A COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF. 8 ACCEPTING THE COMPLETED WORK PERFORMED BY BIG CHIEF, INC., AT A TOTAL COST PERFORMED BY BIG CHIEF, INC. AT A TOTAL COST OF $12,098.50 9 ACCEPTING THE COMPLETED WORK PERFORMED BY C.A. DAVIS, INC. AT A TOTAL COST OF $55,505.81 10 11 12 Offil AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILFREDO DIEZ AND OLGA DIEZ, WITII AN ADDI- TIONAL PAYEE, ATKINS BODY WORKS, THE REPAIRIN FACILITY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,487.77 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS CLOSING FULLER STREET TO THROUGH TRAFFIC ON OCTOBER 21, 22 AND 23, 1977 DURING SPECIFIED HOURS IN CONNECTION WITII THE TROPICAL PLANT FAIR APPOINTING MR, ROBERT C. HARTNETT, MR, FRANCISCO II. OLAZABAL , AS MEMBERS TO THE THE BUDGET REVIEW COMMITTEE. MEETING DATE: September 8, 1977 COMMISSION ACTION R-77-693 R-77-694 R-77-695 R-77-696 R-77-697 R-77-698 R-77-699 R-77-700 R-77-701 R-77-702 R-77-703 RETRIEVAL CODE NO. 0072 77-693 77-694 77-695 77-696 77-697 77-698 77-699 77-700 77-701 77-702 77-703 TUI NO. 13 14 15 16 17 18 19 20 21 21 22 23 24 25 26 CUMENTINDEX DOCUMENT IDENTIFICATION URGING TILE U.S. CONFERENCE OF MAYORS AND TILE U.S. CONFERENCE OF CITIES TO ENDORSE AND PRO- MOTE PROPOSED LEGISLATION ENTITLED "SOCIO- ECONOMIC NATIONAL GROWTH ACT". AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ANTONIO MOLINA FOR THE OPERA- TION OF THE CITY OF MIAMI COUNTRY CLUB FOOD CONCESSION FOR A PERIOD OF FIVE YEARS. ACCEPTING THE FOLLOWING BIDS FOR FURNISHING LANDSCAPE PLANTS AND SHRUBS FOR THE DEPARTMENT OF PARKS AND RECREATION. ACCEPTING THE BID OF ACT LAWNMOWER SERVICE FOR FURNISHING FOUR ROTARY LAWN MOWERS, ONW 19" CHAIN SAW, AT A COST OF $2,100.60 RESCINDING RESOLUTION NO. 76-1076 (11/18/76) ACCEPTING THE BID OF THE BREWER COMPANY OF FLORIDA. ACCEPTING THE BID OF FRISA CORPORATION IN THE PROPOSED AMOUNT OF $78,500 FOR THE VIRGINIA KEY RESTORATION PROJECT-1977 ACCEPTING THE BID OF LINDSEY BOAT WORKS FOR FURNISIHING ONE WORK BOAT FOR THE DEPARTMENT OF PUBLIC FACILITIES AT A TOTAL COST OF $16,415.00 ACCEPTING THE BID OF UNIFORMS FOR INDUSTRY, INC. ACCEPTING THE BID OF MIDWEST TELECOMMUNICA- TIONS, INC., FOR FURNISHING VIDEO EQUIPMENT FOR THE DEPARTMENT OF POLICE AT A COST OF $52,066 ACCEPTING THE BID OF ORLANDO MENDEZ, INC. IN TIIE AMOUNT OF $3,304,800 AUTIHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BEBER, SILVERSTEIN AND PARTNERS FOR ADVERTISING SERVICES. CONFIRMING ORDERING RESOLUTION NO. 77-653 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF TRIAL VIEW HIGHWAY IMPROVEMENT H-4366 IN TRIAL VIEW IHIGHWAY IMPROVEMENT DISTRICT II-4366 ACCEPTING THE COMPLETED WORK PERFORMED BY SULLIVAN, LONG & HAGERTY AT A TOTAL COST OF $ 83 , 165. 73 FOR NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-C RECONSTITUTING THE CITY OF MIAMI MEMORIAL COMMITTEE, REDEFINING ITS PURPOSES AND OB- JECTIVES. CbMM1-M1-5N L ACTION R-77-704 R-77-705 R-77-706 R-77-707 R-77-708 R-77-709 R-77-710 R-77-711 R-77-712 R-77-713 R-77-714 R-77-715 R-77.-716 R-77 -717 R-77-719 RETRIEVAL CODE NO 77-704 77-705 77-706 77-707 77-708 77-709 77-710 77-711 77-712 77-713 77-714 77-715 77-716 77-717 77-719 OCUMENTIN DEX CONTINU D TEN NO. 27 28 29 30 31 32 33 34 COMMISSILN ACTION R-77-720 R-77-721 R-77-722 R 77-723 R-77-724 R-77-725 R-77-726 R-77-727 RETRIEVAL CODE NO. 7 7 -7 20 77-721 7 7 -7 22 77-723 77-724 77-725 77-726 77-727 DOCUMENT IDENTIFICATION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BIG FIVE CLUB, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SPECIAL LEGAL SERVICES, WITII FRATES FLOYD PEARSON STEWART RICHMAN & GREER RESCINDING RESOLUTION NO. 77-630 FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING BY AN ORDER OF TAKING PRIOR TO A TRIAL AS TO COMPENSATION AND PUR- SUANT TO CHAPTERS 73 AND 74 OF THE STATUES OF FLORIDA THE FEE SIMPLE TITLE TO CERTAIN PRO- PERTY DESCRIBED HEREIN . ACCEPTING THE BID OF OREN ROANOKE CORPORATION FOR FURNISHING FOUR FIRE PUMPERS FOR THE DEPARTMENT OF FIRE AT A TOTAL COST OF $31U,484.72 AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH BOUTERSE, PEREZ & FABREGAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH PANCOAST BORRELLI ALBAISA ARCHITECTS. RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 22, 1977 TO TAKE PLACE ON SEPTEMBER 23, 1977