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HomeMy WebLinkAboutCC 1977-09-23 MinutesLIM • IT '!! OF MIAMI INCORP )It:\TE1) 18 96 COMMISSION MI I.J TE S OF MEETING HELD ON SEP 231977 PREPARED BY THE OFFICE OITY THEE ACLCITY CLERK C RALPH G. ONGIE CITY CLERK ITEM N0, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 118EX ISONAPEaltA SUBJECT MISCELLANEOUS DISCUSSION ITEMS DEMONSTRATION OF NEW COMPUTERIZED VOTING SYSTEM DISCUSSION OF ATTORNEYS FEES PUBLIC WORKS FEDERAL GRANT FUNDS LITIGATION BRIEF DISCUSSION - VEHICULAR TORT CLAIM LAWSUITS SELECTION OF FORM FOR ADVERTISING TRADE FAIR OF THE AMERICAS APPROVE APPROPRIATIONS FOR DEPT. OFF-STREET PARKING AMEND ORD. 8589- DECREASE SPECIAL PROGRAMS BY $676,000 & APPROPRIATE TO FINANCE DEPARTMENT FOR WORKMEN'S COMPENSATION BENEFITS AMEND ORD. 8589 - 8560 - PROVIDE $39,665 TO COVER DEFICIT AT GUSMAN HALL AND OLYMPIA BUILDINGS AMEND ORD. 8589 - DECREASE $1,099,321 aFOR PURPOSE OF DECREASING ANTICIPATED SALARY SAVINGS AMEND ORD. 8589 - INCREASE DEPARTMENTAL APPROPRIATIONS TO PROVIDE FUNDS FOR OVERTIME, HOLIDAYS, SHIFT DIFFERENTIAL AND SEVERANCE PAY AMEND CHAPTER 64 OF CITY CODE - PROVIDE FOR A 7 MEMBER FOR ENVIRONMENTAL PRESERVATION ESTABLISH 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TRUST AND AGENCY FUND ACCOUNT AMEND RULE XIX, SECTIONS 2 & 3 CIVIL SERVICE RULES FIRE FIGHTERS TO ACCRUE VACATION AND SICK LEAVE AMEND ORD. 8589 - INCREASE $51,141 SPECIAL PROGRAMS AND ACCOUNTS FOR OPERATION AND MAINTENANCE OF THE OLYMPIA BUILDING AND GUSMAN HALL AMEND ORD. 8589 - INCREASE $9,000 SPECIAL PROGRAMS AND ACCOUNTS, DECREASE LIKE AMOUNT FROM THE POLICE DEPT. FOR OPERATION OF GUSMAN HALL/OLYMPIA BLDG. AMEND SEC. 14-16 (a) OF CITY CODE INCREASE MEMBERSHIP OF ADVISORY COMMITTEE ON SUBSTANCE ABUSE TO 7 MEMBERS REPEAL SECTION 11-4 and 11-5 OF THE CITY CODE �= PROHIBITION OF MINORS USING COIN OPERATED AMUSEMENT DEVICES AMEND ORD. 8289, SEC. 1 - NUNC PRO TUNC - ALLOW BONDS TO PAY INTEREST NOT TO EXCEED RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA DISCUSSION DISCUSSION M-77-739 discussion DISCUSSION ORD. 8697 ORD. 8698 ORD. 8699 ORD. 8700 ORD. 8701 ORD. 8702 ORD. 8703 ORD. 8704 ORD. 8705 EMERGENCY ORDINANCE NO. 8706 FIRST READING FIRST READING FIRST READING 1=2 2=10 11=12 12 13=14 14 15 15 16 16 17 17 18 18=20 21=22 22 22 23 INDEX et4'��� ITEM NO, 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37, 38. SUBJECT SISTER CITY PROGRAM - SIGNING CEREMONY FOR THE PARTICIPATION OF COLUMBIA IN THE TRADE FAIR AUTHORIZE AGREEMENT FOR CONSULTANT SERVICES AT LITTLE HAVANA COMMUNITY CENTER BOUTERSE, PEREZ AND FABREGAS ACCEPT COMPLETED WORK - OMNI PAVING PROJECT "A" ACCEPT COMPLETED WORK - OMNI PAVING PROJECT "B" ACCEPT PLAT - C.A.B.A. SUBDIVISION ACCEPT PLAT - SOUTHEAST NATIONAL BANK OF CORAL WAY CLOSE, VACATE AND DISCONTINUE FOR PUBLIC USE ALLEY SOUTH OF 836 EXPRESSWAY N.OF NW 11 TR. APPOINTMENTS TO COMMITTEE FOR VISITING DIGNATARIES AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACTS OR AGREEMENTS FOR TITLE I _CETA FUNDING ALLOCATE $10,000 FROM DEPARTMENT OF PUBLICITY AND TOURISM FOR DOWNTOWN STREET DECORATIONS 1-YEAR ESTENSION OF EMPLOYMENT - RAFAEL CAMPI APPOINT MEMBERS OF ADVISORY COMMITTEE ON SUBSTANCE ABUSE AUTHORIZE AGREEMENT - ORANGE BOWL COMMITTEE FOR ORANGE BOWL FIRE PAGEANT AUTHORIZE AGREEMENT - ORANGE BOWL COMMITTEE FOR GREAT BANDS OF THE ORANGE BOWL DEFERRAL OF CONSIDERATION OF RESOLUTION ESTABLISHING RIGHTS OF EMPLOYEES LAID OFF AND REHIRED UNDER C.E.T.A. - see also item 38 ACCEPT BID - 3 SHIELDED ENCLOSURES FOR THE COMMUNICATIONS DEPARTMENT ACCEPT BID - HEAVY EQUIPMENT SERVICE FACILITY SITE PREPARATION CONFIRMING RESOLUTION- AUTHORIZE CITY MANAGER TO NEGOTIATE WITH FIRM FOR ADVERTISING & PUBLICITY SERVICES FOR THE TRADE FAIR OF THE AMERICAS PRESENTATIONS, PLAQUES AND SPECIAL ITEMS DEFERRAL OF CONSIDERATION OF RESOLUTION ESTABLISHING OF EMPLOYEES LAID OFF AND REHIRED UNDER CETA QRDINANCE 0B K SOLUTION NO, DISCUSSION R77-741 R77-742 R77-743 R77-744 R77-745 R77-746 R77-747 R77-748 R77-749 R77-750 R77-751 R77-752 R77-753 DISCUSSION R77-754 R77-755 R77-756 DISCUSSION PAGE NO, 23=24 24 24 25 25 25 26 26 27 27 28 28 28 29 29 30 30 30=31 31 31=33 Sigataer ME ITEM NO, trmoc ct4lsgionri'ar�r, �RtLA SUBJECT 39. ORANGE BOWL QUESTION ON FALL BALLOT 40. REQUEST CITY ATTORNEY TO RENDER LEGAL OPINION ON STATUS OF SECRETARIES TO THE CITY COMMISSION 41. DEPOSITS OF CITY FUNDS IN LOCAN AND MINORITY OWNED BANKS 42. PUBLIC HEARING - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 43. PUBLIC HEARING - OBJECTIONS TO CONFIRMING ASSESSMENT ROLL - SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C 44. OBJECTIONS TO CONFIRMATION OF ASSESSMENT ROLL SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S 45. APPOINTMENT TO COMMITTEE ECOLOGY & BEAUTIFICATION 46. MOTION OF COMMENDATION TO LT. DON MARCH AND TO PAT SKUBISH 47. DISCUSSION OF PROPOSED LANDING OF CONCORDE IN THE GREATER MIAMI AREA 48. CONFIRMING RESOLUTION - CHANGE DATE OF OCTOBER MEETING TO OCTOBER 26, 1977 gINANCE 0R OLUTIUN NO, DISCUSSION DISCUSSION M77-757 R77-758 R77-759 R77-760 R77-761 R77-762 DISCUSSION R77-763 34. 34=35 36=38 38 39 39 40 40=41 41=42 42 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * On the 23rd day of September, 1977, the City Commission of Miami, Florida met at its regular meeting place in the City Hail, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:12 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre ALSO PRESENT: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. • 1. Miscellaneous Discussion Items. Mayor Ferre: Good morning, ladies and gentlemen, this is a regular City of Miami Commission Meeting. Mrs. Gordon, I hope you did a lot of atoning for your sins and for my sins. Mrs. Gordon: No, I did it for everybody. You know I covered the waterfront. Mayor Ferre: I hope you atoned for my sins a little bit too. Mrs. Gordon: I prayed for all our friends. Mayor Ferre: Now before we get started on the regular agenda I would like, I don't know whether you all received, and I would like to share with you if you did not. I'm very impressed by this brochure sent out by Ferendino, Grafton, Spillis and Candela. Did you all see it? You know as you all know this is the largest architectural firm in South Florida. I didn't realize that not only do they employ 53% minorities but 52% of the stock of the firm is held by minorities and women. That, of course, is the trend of the future but that they would take on and do it this way and go around and publish, Rose, I don't know whether you got to see this but I'd like to share this with all of you. I think it is some- thing that is certainly very interesting. Secondly, I'd like, Mr. Manager, for the people who are involved with Reencuentro Cubano who are basically Dr. Lizaso to sometime in the future it doesn't have to be next month or the one after that but some day in the next couple of months at a meeting I think we ought to make a report because the City of Miami has spent some money in this Reencuentro Cubano and I would like for the commission to share exactly what was accomplished. Then I have some other things which we can get into later on. Mr. Plummer: Mr. Mayor, two things, (1) I have to announce to you, sir, that regardless of what happens I have to leave here at 11:45. I will be back for the afternoon agenda in its entirety but I must depart here at 11:45 this morning. (2) Mr. Mayor, I just want to make you and the rest of the commission aware that we will have the honor of a visit of the Siter City Group from Bogota who will be here to observe the commission and how they operate at approximately 10 O'Clock and hopefully they will be able to spend an hour here. Mr. Grassie, if you will get a photographer so I'm sure that the Mayor will want to make a presentation. Mayor Ferre: Was that part of entertainment of the group? Mr. Plummer: Yes, it's on the program, they wanted to see the head comediah Of the city and I said there is only one place you can find him. Mayor Ferre: And don't forget the head clown who is not the same person. Mr. Plummer: You're entitled to your opinion. Mayor Ferre: All right, let's move, it's 9:15. Anything else? Mr. Plummer: No, sir, I just wanted to make those notations. 2, PERSONAL APPEARANCE: SUPERVISOR OF ELECTIONS DIVISION - COPUIERIZED VOTING SYSTEM, Mayor Ferre: At this time I'd like to welcome the Director of the Elections Divi- sion Mrs. Joyce Diefenderfer. Mrs. Joyce Diefenderfer: Thank you Mr. Mayor. I think I should probably be out here. Let me introduce Mr. David Leahy who is the head of our Election Services Division which means that he is in my office the liaison with your Clerk on your elections. He does probably the greatest amount of work. Very briefly what we want to do today was to run through and show you the new voting system in Dade County. As you know on July 5th the Board of County Commissioners approved the contract to purchase this system and authorize the sale of all existing voting equipment, the AVM equipment. We have at this time phased out our warehouse staff and the equipment is for sale so that we now have a new system in Dade County. On November 1st we will use the system in Hialeah and Miami Beach for the first time. On november 8th we will be using it in the Hialeah runoff and the City of Miami election. Mayor Ferre: Runoff in the City of Miami? Mrs. Diefenderfer: No, we will be using it in the Hialeah runoff on the 8th and the City of Miami election because Hialeah will have a runoff so we will be running both of those eoections on the 8th and, of course, on the l5th a runoff if necess- ary in the City of Miami. Mayor Ferre: I think your observation was very wise, the first one about using it during the election at the City of Miami. Mrs. Diefenderfer: Well you know, plan ahead. We try at least to be prepared in case of emergencies. It is a little like corrective planning, unexpected emergenc- ies, we don't like to be caught short. All right, the system is a very simple system from the point of view of the voter which is one of its tremendous advant- ages. It is a simple system from the point of view of the poll worker. We're going to set up a voting booth. We have "Voting Booths Will Travel" at this point. One of the advantages we see at the polling place is that we will be having three of these units for every existing voting machine which means that we will, in fact, have a great many more voting stations. One of the advantages we see for the voter is that his ballot is not somewhere up on a horizontal iron monster it is, in fact, a book which is put before him. The ballot on which he will actually vote is a prescored IBM card. We really very simply are going back to a paper ballot. The difference is we will count them on a computer. They will be put through a card reader and tabulated on the 370, the general purpose computer. We were at a point particularly facing the next primary election at which we were exceeding the capacity of the voting machine to handle a single ballot particular- ly with our bilingual ballot. Of course, as you know we are under federal law, we are further under a decision by the Board of County Commissioners made even prior to the law that we should address ourselves to the problem of bilingualism in this county. We were forced as you may realize a year ago to reduce type size on our question row from ten point to eight point which in my opinion is a true disservice to many of our voters, simply to put it on a single machine. This bal- lot has tremendous flexibility. These are pages which you turn. The bilingual is very simply addressed as in any book. You have a page on the left and a page on the right rather than hopscotching now through English and Spanish. We can put our English ballot on one page, our Spanish ballot on the facing page. If you are voting the Spanish ballot you vote straight through on the Spanish ballot. If you're voting the English ballot you vote straight through on an English bal- lot.. We obviously administratively come up with a number of advantages - drayage, SEP 231977 storage, etc. Most important, for the first time between large elections we will be able to bring our equipment back to the warehouse and set up real audits of the ballot. We will not be out in the precincts. I've been chatting with you, we have a couple of other things. Obviously there is a cost factor on replacement but in our opinion the most important thing is that we're going to make it easier for the voter, at least that is the experience. Now, so that you will know this is called the CES System. This is the Votomatic. The vote will be recorded on this piece of equipment. David, do you want to run through what will happen at the polling places? Mr. David Leahy: As the voter walks into the polling place we will have a Demon- stration Inspector which we don't have with a voting machine, we have a demonstrat- ion model but the Demonstration Inspector will teach voters as they walk in how to vote the system. It is inserting a ballot into the top of the votomatic so that the holes in the card fit over the red pins. The voter will turn to the first page, the left hand side of the page is English and the right hand is Span- ish. On the outside of the page are the offices and the number.... Next to the office title are the candidate names and their unique position numbers .... If an elector wishes to vote for that candidate he will take the stylus and punch down through.... Mayor Ferre: ....I'm a young person, I'm not saying that my dad who is 75 can't do a lot better than I can but a lot of times I go in there and maybe it is a Freudian slip and I vote for the wrong person and then I go back and correct it, turn back and do the right one. What do I do when I make a mistake with this one? Mr. Leahy: Under this system, under Florida Law an elector is allowed up to two replacement ballots. So he gets his first ballot, if he makes a mistake he can go back. If he makes another mistake a second time he can go back and get a second ballot. Mayor Ferre: And the elector is going to be told that when he walks in. Mr. Leahy: Yes, that is part of the Demonstration Inspector's job. Mayor Ferre: I would imagine that you're going to have some pretty hefty lines this first time around. Mr. Leahy: Well, the Demonstration Inspector does not necessarily have to stand in one spot and do a one on one demonstration. What we're talking about is.... Mayor Ferre: How does he do it, periodically he explains it? Mr. Leahy: Walk right down the line outside the polling place if there is a line and he can talk to five or six people at one time so we do not anticipate any line... Mayor Ferre: You mean he can hold this in his hands and show them how. Mr. Leahy: Oh yes, it's just like this. The demonstration model will be just like this and just walk down and show people. Basically if an elector knows how to insert his ballot correctly and where to punch that is basically all he really needs to -know and it should not be a problem. Mayor Ferre: Is the type larger than this? Mr. Leahy: One of the best things about the system is the flexibility of the ballot. The printing can be any size so unlike the voting machine unlike in the general election we were forced to go eight point print on the question row which is extremely small. Mayor Ferre: And you can go to what kind of print on this one? Mr. Leahy: As large as you want. The page has a certain size, 71 inches but anywhere in that your size print can be any size you want. Mayor Ferre: Let me ask you this. Where else is this used? Mr. Leahy: In the state of Florida it is used in Palm Beach, Browaa 'c CDimt; Hillsboro County and Lee County. Mayor Ferre: And other parts of the country too. Mr. Leahy: It is used in Los Angeles, Chicago, over 350 jurisdictions throughout the United States, It has been out for over ten years so it is not a prototype system. It is a well established system with all the bugs out of it. Once the voter receives his demonstration he will go to the poll book table which is basic- ally the same as it is for the voting machines except that at that station he will get a bllot card like the one I showed you and also a secrecy envelope and this is used after he has finished voting to place his ballot inside so no one can see how he has punched his ballot. From there he would go to one of the voting booths and like Joyce said there will be three times as many as we had voting machines so there should be no lines at all waiting to vote this system. It is not a sealable envelope, it is just an open flap and he inserts his ballot behind the flap here and just closes it up. We don't want a sealable envelope because it would take too long at the end of the evening to separate the ballot from the envelope in order to count them. So this does protect his ballot and what he does... Ok, after he has finished voting he places his ballot into the envelope and goes to the ballot box. It is a sealed ballot box. At that stat- ion the ballot has a stub on the top. It is a numbered stub. On the signature slip he received we will also put the number of that ballot stub. The inspector at the ballot box will compare these two numbers to make sure that he has not sub- stituted another ballot card, that that was the ballot card that he was issued. If the numbers agree the stub is removed from the ballot and inserted into a stub box and the voter then deposits his ballot still inside the envelope into the sealed ballot box. There is no way to identify that ballot card at that time to that voter, it would just be the punched positions. ... The stub will stick above the envelope, yes. And after it compared it is taken out and there is no way to identify that ballot to the voter. That is the election day procedures. At the end of the evening the ballot box, the seal will be checked to see that that has not been tampered with. It will be broken, the Election Board will separ- ate the ballot box from the envelopes and will place them into a ballot transfer case which is a metal container and seal that case. Two of the Election Board members will bring that case into the collection center. Mayor Ferre: I'll pass this around in a moment. It seems to me that when you do this you'll notice, the only thing I see that is dangerous in this is that you might get fooled with the little hole that you think by inserting this thing in there you've done it but you've got to insert the needle and go all the way through otherwise you don't really register. Mr. Leahy: When that part of the voting booth is in the flat position it is ex- tremely difficult not to get it all the way through once you start punching through the hole, if you lay it down flat and then try to punch it just follows through. It is hard to stop it before it can go all the way down. Mayor Ferre: The point is that people won't know, I'm talking about, we have an awful lot of senior citizens in our community and I'm just worrying about whether senior citizens... You know you have to have a certain amount of manual dexterity as you will see in a moment and that needle has got to penetrate all the way through otherwise it won't register. It isn't like you know. Mr. Leahy: Yes, the number will be on top. It will be a printed number. That was a concern of ours when we looked at the system but in talking to other juris- dictions like Hillsboro and Palm Beach and Broward which also have quite a number of senior citizens they had no problem with this. There are some people in any system who will need assistance and you provide assistance, it is in the law that you can provide assistance to these people but on the whole there has been no problem in these other jurisdictions with senior citizens being able to vote this system. ... Yes, the card can be reinserted. The voter can put his own card back into the system. Basically all this is is a voting booth. It is not some- thing which is used to tabulate his vote, it is a tool. ... No, it is like it is now. Your back serves as the fourth side of the voting booth. Mayor Ferre: Let me ask you this. In my precinct there is usually four or five voting machines, now how many of these are you going to have? Mr, Leahy: There would be approximately 15. Mayor Ferre: Fifteen? Mr. Leany: Yes. Mayor Ferre; So you'd have substantially more places for people to V Mr,Leahy; Yes, three times as many as the voting machines, ■ Mayor Ferre: So then it should be a lot quicker to get people in and out if they know how to vote. Mr. Leahy: It will be quicker in terms of actually voting. The book stations would be approximately the same so if there were lines at the book stations there probably would be the same lines now but actually voting or if someone needs to replace their ballot they should have no problem in going back to an empty booth so there shouldn't be a problem in terms of actually voting your ballot. At the end of the night when the ballots are brought to the collection center by two of the inspectors in a sealed ballot box we will transport the ballot cases to the Justice Building where we have the computer... Mayor Ferre: Does this get torn off? Mr. Leahy: Yes, at the ballot box. Mayor Ferre: Is that done manually at the ballot box? Mr. Leahy: At the ballot box by an inspector. Mayor Ferre: The inspector looks at the ballot... Mr. Leahy: Looks at the top stub. ... That's correct Mayor Ferre: This has a number? Mr. Leahy: Yes, which the inspector compares with the number written on the nature slip to make sure that that is the same ballot he was issued. Mayor Ferre: The inspector looks at the signature so then does this have a num- ber on it? Mr. Leahy: No, it does not. Mayor Ferre: So there is no way to trace back how this person voted? Mr. Leahy: That's correct. The voter would place his own ballot into the ballot box at that point. Mayor Ferre: The voter then takes this and drops it into a slot. Mr. Leahy: Right, into a sealed ballot box. Mayor Ferre: Then at the end of the day somebody has to separate this, right? Mr. Leahy: The Election Board would separate them and place them in a transfer case which is sealed and the sealed tranfer case is transported to a site. Mayor Ferre: And they're all stacked appropriately, I would imagine manually you stack them up so that the IBM machine can take them off like this. Mr. Leahy: We are anticipating that most Election Boards will stack them that way, however, if they don't we will stack them that way prior to being read by the computer. When the ballots get to the Justice Building we will inspect the cards to make sure they are readable. We don't want to have a torn ballot because that will not read properly. Mrs. Gordon: I have a question. It is quite interesting since the Mayor ment- ioned whether or not they will be all in the same direction. If, in fact, a ballot would be in there in the wrong direction would it change? It would change the reading somewhere. Mr. Leahy: No, it will not read it, if it gets all the way to the computer in that condition. Mrs. Gordon: And then it will go back in the right way? Mr. Leahy: Yes, the reader will not accept it. It will look for that corner Cut and if it does not find that corner cut in the right area it will stop and then you have to turn the card around and it will read it properly. Mrs. Gordon: The operator will turn it around. Mr. Leahy: Yes. Mrs. Gordon: The senior citizens that the Mayor mentioned, are you going to be giving them any kind of endoctrination such as this prior to election day? Mr. Leahy: Yes, we have an intensive voter education program which is basically starting now. We have contacted every association group or club within the City of Miami and asked them to go to their facility to speak in front of their group in condominiums and so forth. Mrs. Gordon: What about these senior centers themselves where these senior citi- zens go, you've already made contact there I assume? Mr. Leahy: Yes, to any organization we could think of especially senior citizens, We will also be doing television spots and other forms of education. Rev. Gibson: What about absentee ballots? Mr. Leahy: We have used this system for absentee ballots all last year in the three major elections last fall. We would continue to use the same system. They would be sent a ballot card attached to a piece of styrofoam and what they do is punch the card with a book which would be exactly the same as those pages in that votomatic. The AB System worked very well, we had no complaints and a lot of senior citizens do vote absentee ballot who cannot get to the polls and they were very happy with that system. We had no complaints about it so it has worked well., When the ballots are counted by the counting system we will get cumulative reports that we will be able to, what we are proposing is an open line between the computer at the Justice Building and the City Hall and every time a cumulative report of say four or five precincts comes out we will call through on the open line to give you the cumulative results at that point. After all the precincts have been in we will also get precinct results for each precinct and the absentee ballots will be counted the following day by a small computer. Mrs. Gordon: Where will this counting take place election night? Mr. Leahy: This would be in the Dade County Justice Building. The computer sys- tem has been installed in that location. Are there any other questions? Mr. Ernie Fannatto: Mr. Mayor and members of the commission, I'd like to ask the Supervisor of Elections a few questions how many machines have you purchased and what is the cost of these machines? Mrs. Diefenderfer: We have on order slightly in excess of 6,000 vote recorders at a cost of $185 per recorder. Mr. Fannatto: And what is the total cost of all of the machines? Mrs. Diefenderfer: The total cost of the entire system, Mr. Fannatto, as far as I can remember is going to be approximately a million five. Mr. Fannatto: I'd like to ask you another question. If the election is not work- able can you cancel the purchase of these machines? Mrs. Diefenderfer: No, sir. Mr. Fannatto: You can't. Well, I'd like to ask you this question. You know we're the largest county in the state of Florida and you mentioned Palm Beach County. Speed is an important factor in elections. Most of the people vote in the morning and late in the evening. Do you know that? And do you know that they may not be able to vote? And I'm going to ask you this question. How many minutes will it take the average person to vote? Mrs. Diefenderfer: It will take him slightly less time than it presently takes in a voting Mr. Fannatto: I'm asking you how many minutes, now have you timed the people or not, the average voter not Mr. Ferre or somebody else? You haven't timed them? Mrs. Diefenderfer: Mr. Fannatto, we have not set it up but Mr. Fannatto: You haven't even checked Now wait a minute, Mayor, we gummed up the other election.... Mayor Ferre: Now I know you're a gentleman and I know that you would be very up- set if somebody accused you of being ungentlemanly -like so you asked the lady a f SEP 23197 • 4tteetio3 i think it would be very appropriate for you to let her answer, Give het the time to answer the question, Mr. Fannatto. Mr. Fannatto: Well, she said she didn't know and she asked him and he said he didn't know. Is that right? Mayor Ferre: But as the kids say, "Cool it." Mr. Plummer: Mr. Mayor and Mr. Fannatto, you know Ernie, look you have every right in the world as a taxpayer to ask these questions. The lady and the gentle- man are here as a matter of courtesy for a demonstration. If you want these questions I feel you should go to their office and let them prepare the answers for you but not put them on the spot here today. They didn't come prepared for that they came prepared to make a demonstration which they've done. Now if they have questions I think you should do the right thing, submit your questions to them in writing, give them adequate time and then say ok, I want answers. But I think, Mr. Mayor, that it is very unfair to subject these people today than other than what is on the agenda and Mr. Mayor, I will invoke the rule at this time. Mr. Fannatto: Wait a minute! Mr. Plummer: Mr. Fannatto, I don't interrupt you I'll ask the same courtesy. Mr. Mayor, I am invoking the rule that it is not the agenda item the questions that are being asked and I will ask you, sir, to rule it out of order and stick to the agenda. Mr. Fannatto: I have a right to.... Mr. Plummer: I have made a request of the Mayor, I have not heard him answer, Mr. Fannatto: I have a right to answer Commissioner Plummer, is that right? Mr. Plummer: I didn't ask you to answer. Mr. Fannatto: I have a right to an answer. Mayor Ferre: Now just hold on, Ernie. Now how many questions do you have? ... Mr. Fannatto: Let me just say a little something in answer to Mr. Plummer. You know during the last election... Mt. Plummer: Mr. Mayor, I have asked you to rule, sir. If you will not rule will then proffer a motion for the consensus of the commission. Mr. Fannatto: This involves $1,500,000 and the taxpayers have a right to have this in the minutes! Mayor Ferre: Will you keep quiet, please? The chair rules that even though this is a Committee of the Whole that this commission has always extended to all citizens the courtesy of an opportunity to speak on important subjects and, therefore, Mr. Fannatto, I will limit you to no more than five minutes of which you have already taken up three. Mr. Plummer: I make a motion challenging the ruling of the chair. Mr. Fannattc: I think I should have at least a few more.... Mayor Ferre: please. Now a second? Mr. Plummer: Mayor Ferre: Mrs. Gordon: Mr. Fannatto, there is a motion on the floor, will you keep quiet, there is a motion challenging the ruling the Chair made. Is there That it is not as related on the agenda. Is there a second to the motion? Is that a debateable motion? Mr, Plummer: Any motion is debateable. Mrs. Gordon: Well, Mr. Plummer has some merit in what he is requesting. On the other hand your ruling didn't direct the speaker to speak to the issue which is a demonstration of the procedure of operation and not other information which r� SEP 231977 Mt. P1ui'net is objecting to. 1 think that's his objection, only that. Mt. Plummet: Exactly. Mrs. Gordon: So.. he's asked you for a ruling on that specific item that youlte ruling against him then I will have to second his motion. Mr. Plummer: This does not preclude Mr. Fannatto from coming back here on the agenda asking these questions at a later date. I'm saying that this is what they came here for, they've admitted they're unprepared. Mayor Ferre: Further discussion. Mrs. Gordon: Well yes. Mr. Fannatto, so you might understand what we are trying tc accomplish is to have you speak exactly to the kind of operation that is being demonstrated tc us but other questions as to the kind you're asking are not in the jurisdiction of decision making of this body. This body today is just being shown how to operate this machine and you're welcome to ask questions on that issue. Mr. Fannatto: Well Mayor Ferre: Further discussior by the commission? Mr. Fannatto, the chair will not allow you to speak on this you're not a member of this commission. I would respectfully request that Mr. Fannatto as a citizen be allowed the right to speak his five minutes, I have no objections to doing that and I recognize I hope that he would have the civil courtesy to be polite and to ask the type of questions that are germain to the subject before us. Mrs. Gordon: Then the motion wouldn't be necessary. Mr. Plummer: That's right. Mrs. Gordon: The motion is simply that, Mr. Mayor. Mr. Plummer: The motion wouldn't be necessary if you would limit it to that. Mayor Ferre: I've already said that. All I said to the man is you're limited to five minutes and speak to the subject. Mrs. Gordon: Then the motion isn't necessary. Mr. Plummer: Then I withdraw the motion. Mrs. Gordon: And I withdraw the second. Mr. Fannatto: Mr. Mayor, can I speak for five minutes? Mayor Ferre: No. Mr. Fannatto: And I won't ask any questions to the Supervisor of Elections. Mayor Ferre: No, no, no, because you've interrupted me for the fourth time. Now I was about to say that we've already wasted six minutes discussing the issue on Mr. Fannatto. Mr. Fannatto, you have five uninterrupted minutes to speak at which time I will rule you out of ord&x and you will sit down. Mr. Fannatto. Mr. Fannatto: Alright. Mayor, I think I was one of the few people in Dade County that said the machines wouldn't work in the last election. Your Supervisor of Elections said they would. Didn't they take them out of the Hialeah Elections? They didn't work did they? They cost the taxpayers how much money? She's already purchasEd these machines for $1,500,000. Now let's see what we're doing. We're trying these machines in an election in the City of Miami *ith only 14 or 15 candidates. Is that a test? I'll tell you what a test is, the regular election next year where there is 160 candidates. Can you imagine how many pages you're going to have to turn over when you have 160 candidates? And do you know how long that is going to take? Let me just tell you you have a sense of responsibil- ity as Mayor and the Commissioners here. You know $1,500,000 and the City of Miami voters are going to have to carry that tab for 20%, maybe 25% and I ain't so sure that this is a good system. It don't think it is fair to say it worked in Paln Be.ch, we're the largest county in the State of Florida and time is a more important element because most of the labor people, most of the working peo- ple vote early in the morning and in the afternoon. I don't think it is going to work, I don't think you can turn over 20 pages. These people won't know what SEP 231971' the heck they're doing in there and I say this here - it's a risk. If you want to tish the taxpayers paying that much money. She's already told you, they didn't work in the last election did they? I was the only one went before the County Commission, the whole Hialeah Election was thrown out practically and they had to use the old machines. Now look, let's not kid ourselves you have a responsi= bility financially to the taxpayers in the city. We have enough burdens with taxes and high cost of living and laying off employees. I want to see this here done in a business -like. I'm asking you Mayor and Commissioners to have a public hearing. I want to make an accurate presentation and any Supervisor of Elections that doesn't time the average person, say it takes four minutes cr five minutes, is not doing justice to the city. I say this here, the average person cannot vote within and where there is 180 candidates lesser than 5 minutes. And when you have precincts of 12 and 1,500 people and 50% of them will vote in the morn- ing and the last two hours and early in the morning, they won't be able to finish and I'm going to tell you point blank you are going to show the responsibility of these moneys. If you don't call a public hearing, and she has got to tell the people it is going to take the average person to vote. You don't just say they work, she said that once before and she cost the taxpayers a lot of money and the elections in Hialeah were thrown in chaos. You know that as well as I do. So if you want to take her device I say that the average voter is the person that you have to have come up here and try these machines not you folks, you folks are above the average. Now if you want, and when she bought these machines shouldn't she waited until after to see whether they worked or before they worked? You know I've been in Dade County here many many years. It seems we always buy mach- ines and every time we buy them they work better. Well, they don't work better they cost more. That's all it is and I'm going to tell you, Miss Supervisor of Elections you've been a costly supervisor to us and here you purchase without even trying the machines. This is no test, 15 candidates when we're going to have maybe 200 the next election. The average large election is whether it is a test and a good test and I certainly don't think we should try it in this elect- ion when there is only 15 candidates. I don't think it is fair. It may work for 15 candidates but it may not work for 200. Can you imagine turning over those little pages, twenty pages when you have, and how many of the average voter is going to stay there and persevere with that? You know what they're going to do, they're going to walk out and say the heck with it and then you say why don't the people vote. I have nothing to say, Mayor, but I'm going to ask you this: I ask you ar.c: the commissioners to call a public hearing and give the people in this city a right to speak, to vote and ask questions before you spend $1,500,000 and you're going to have to carry the tab of 20 or 25%. I ask a public hearing on this matter. Mr. Plummer: Mr. Mayer, may I comment? Mayor Ferre: Excuse me. Are you finished? Mr. Fannatto: Well, I want to ask a question. Mayor Ferre: No, sir, you're not. You under the Charter you have five and that's all you have. Mr. Fannatto: Well is my five minutes up? Mayor Ferre: That's your five minutes. Mr. Fannatto: Well then thank you for letting me speak but I want to a public hearing and I think you've got a right before you allow her to spend money the city taxpayers in the City of Miami have got a right to hear all aspects of these machines and I strictly.... ... to purchase these machines before they are tried in a large election and not a fall election. Mayor Ferre: Mx. Fannatto, you've already done that three times now. All right now, this subject as.... All right, Mr. Plummer. Mr. Plummer: Mr. Mayor, first of all I want to thank Mrs. Diefenderfer and her assistant for coming down here to demonstrate the machine. (2) I will only com- ment that I think Mr. Fannatto has raised questions, maybe legitimate questions and I do feel that it behooves your office if possible to answer those questions as fax as the questions he has raised here today because if not it's going to be a ringer around your neck as long as you're in that position. So I think yes, the public has the right to ask questions and I think yes the public has a right to get answers. My intention here today was solely on one premise - you came here to do one thing and you were getting bombarded with another which I thought was unfair but the questions have been raised and I think they demand answers. Mayor Ferre: Joyce, I wonder if you could answer a few questions on this because as I understand th law, because one thing is opinion and another thing is the law, the Dade County Commission by law is in charge of supervising all elections here, Is that correct? Mrs. Diefenderfer: Yes, sir. Mayor Ferre: The City of Hialeah, the City of Miami and other jurisdictions really have very little to say, it is just like our Water and Sewer Board for example or the airport. We may have a beer about the airport but we have no jurisdiction over the airport. Mrs. Diefenderfer: No, all elections are run under the state law and the Board of County Commissioners, in fact, determines the voting system. State law requires that municipalities use the system which is owned by the county. Mayor Ferre: Any actions that this commission were to take or not to take under law, as I understand it, would be just a matter of opinion. It has no, we would have no validity over; I'm saying this so that Ernie will understand that this commission has no authority over what kind of system is used to vote within the City of Miami. Is that correct? Mrs. Diefenderfer: Not as I understand it, it has none at all as far as the Board of County Commissioners is concerned. Mayor Ferre: Mr. City Attorney, are you following this, because I'm asking a legal question and may I have your opinion on it, please. Mr. Plummer: Please let me apologize because I was distracting him. Mayor Ferre: Well, I wish you wouldn't do that because when we get into legal areas here I think it is something that... The question again is under the law does the City of Miami have jurisdiction over the electoral process that is to be used in the City of Miami or is it something that is determined by state law and put in the hands of Metropolitan Dade County? Mr. Knox: As I understand it, Mr. Mayor, and it may be necessary to do some more research, the City of Miami does have certain powers with respect to the election of its officials. However, Metropolitan Dade County is the entity which super- _ vises the elections even if they are municipal elections. In other words any election that is held in the City of Miami must be authorized by the Supervisor of Elections and all the logistics are worked out by Metropolitan Dade County's Supervisor of Elections and the procedures are determined by State law. Mayor Ferre: All right, well I don't think that there is much else that can be done or that will be done unless, of course, we have a major fiasco in November and heaven forbid that. I wish you the very best, I hope this all works out, the thing that encourages me the most is not that Palm Beach uses it Ernie, but rather that the City of Los Angeles which is ten times larger than Miami. Mrs. Diefenderfer: Three and a half million registered voters Mayor Ferre: Three and a half million registered voters use it and that this has been in effect for ten years and has been successful. So I that is good enough for me. Thank you very much. (Mr. Fannatto) No, sir, what you under- stand, Mr. Fannatto, is what I said which is that this commission has no juris- diction over this matter at all - none. Did you hear that? Not the City of Miami Commission, Mr. Fannatto, that is a county matter. It is just like the airport is a county matter. If you've got a beef about the airport you go speak to your county commission. If you've got a beef about the Elections Supervisor you go to speak to the right jurisdiction, this is not the` right jurisdiction. .... Any citizen has a right to speak. ... This is not my jurisdiction. It is just like we can't have a public hearing about whether Eastern Airlines gets a route to London, we've got nothing to do with that. You go speak to the CAB on that. All right. Thank you very much, Joyce, for being here, you and your assoc- iate. ... You're out of order, Mr. Fannatto. ... SEP 231977 3 r DISCUSSION OF ATTORNEYS' FEES: PUBLIC WORKS FEDERAL GRANT FUNDS LITIGATION' Mt& George Knox: Mr. Mayor and members of the commission, this is to advise you of our posture with respect to the lawsuit which was initiated by Metropolitan bade County against the Secretary of the Department of Commerce some time ago. As to the City of Miami, we are confident that the litigation has been favorably determined, however, there is still an outstanding appeal and as I understand it the moneys that we are entitled to have not yet actually been received by the city. Now in the resolution which authorized the selection of a Washington, D.C. law firm to represent the City of Miami in this case there was an $8,500 cap placed on the fee. As of August 15th I was advised that the legal fee was $13,700, this was as of August 15 and we have not yet discharged this law firm because we have not yet received the money and I just wanted to advise you that the cap which was provided in the resolution has been exceeded by that amount and we have not yet received the final bill. When we receive the final bill I'll ask the commission to pass a resolution authorizing payment of these legal fees but I did want to indicate to you that the $8,500 cap had been exceded. Mr. Plummer: Well if you've got a cap how do you go above it? Didn't they accept representing us knowing that there was a cap? Mr. Knox: Well, they determined, they accepted it at least in principle but then in the working of the case they determined that it involved a lot more work and the expenditure of time than they had originally anticipated, (1) and (2) we were involved in hearings all of that time and the City Commission was on vacation during the month of August so that we could not.... Mayor Ferre: Well George, what is your recommendation? You're in the Law Depart- ment, you head the Law Department up and you have to make a decision as to what you recommend. Mr. Knox: Well when we get a final bill from them I will recommend that we pay the difference between the amount of the cap and their fee under the circumstances. We did prevail in the case but I did want to advise everybody. Mayor Ferre: do you need any action at this point? Mr. Knox: No, sir. Mr. Plummer: ...office authorize the extension above the cap? Mr. Knox: Yes, sir. Mrs. Gordon: You know it appears to me that we ought to charge the cost to the losing side. Mayor Ferre: You'd better believe it. Mrs. Gordon: You know they caused us this expense and I don't think that we have to spend our taxpayers money defending a frivilous suit and that's what that was. Mayor Ferre: Which we didn't have anything to do with. Mrs. Gordon: I said a frivilous suit. We ought to send a bill to Dade County. Mayor Ferre: Absolutely. Rose, do you want to move it? Mrs. Gordon: I move it. Mayor Ferre: Mrs. Gordon moves and Father Gibson seconds that the legal fees for the frivilous suit which they made us spend money on to defend ourselves be paid for by Metropolitan Dade County and that the Manager be instructed to send the bill to the County Commission with our compliments. Mrs. Gordon: Yes, I think we should do that. 11 MECL 111. our The following motion was introduced by Commissioner Gordon who moved its A olltioh MOTION NO. 77-739 A MOTION DIRECTING THE CITY ATTORNEY TO SUBMIT THE FINAL BILL (WHEN RECEIVED) FROM ATTORNEYS O'CONNOR AND HANNAN, OF WASHINGTON, D.C., WHO WERE ENGATED BY THE CITY OF MIAMI TO ASSIST IN THE LITIGATION REGARDING THE CITY OF MIAMI'S PUBLIC WORKS FEDERAL GRANT FUNDS AND FURTHER INSTRUCTING INSTRUCTING THE CITY MANAGER TO SUBMIT SUCH BILL TO THE BOARD OF COUNTY COMMISSIONERS FOR PAYMENT. tJpon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Rsboso. Rev. Gibson: Mr. Mayor, let me say to the members of the commission the reason I voted for that motion, I remember when I was in a lawsuit against the Dade County and even the State of Florida and I won in the federal court and the los- ing side had to pay. I shall never have received the check in Chicago. I was at a meeting, the National Association for the Advancement of Colored People had its national meeting in Chicago and they brought me the check. .... Well, you know if that's all you get all right but I think we need to confront them. Mr. Plummer: ...all of the I owe you's from the county we wouldn't have a budget deficit. 4. BRIEF DISCUSSIO(4: VEHICULAR TORT CLAIM LAWSUIT, Mr. Knox: Now it may be premature to discuss this extensively at this time because we are still in negotiation with attorneys but this involves a vehicular accident where the claim for damages is substantial and the postion of the City of Miami Law Department at this point is that the Florida Statutes which pro- vide a cap on municipal liability is valid and we have no intention of expend- ing any more funds in settlement than the cap provides which is $50,000. At the same time there will probably be a challenge to the constitutionality of the statute that provides the cap. If the cap is declared unconstitutional what we're doing now is proposing an agreement whereby if the statute is declared unconstitutional we will have arrived at a figure in settlement which is prob- ably less than the jury would award after a trial and I just wanted to advise you of that and at the appropriate time we will come with a resolution. Mr. Plummer: Mr. Knox, has an opinion of the Attorney General been requested by your office? Mr. Knox: We have not formally requested an opinion from the Attorney General as to the constitutionality of the statute because we are presuming that it is constitutional, I mean it is and we can read it on its face and on its face it provides a cap of $50,000 liability by municipalities. Mr. Plummer: Would a request of the Attorney General by this commission put your position in any jeopardy? Mr. Knox: Somewhat because you know as a matter of... Mr. Plummer: Say no more. Mayor Ferre: Any further questions on Item C? If not we're on It 12 SEP 23197 • Si Mr. Grassie: Charlie Crumpton will present this item, Mr. Mayor. Mr. Charles Crumpton: Mr. Mayor and Commissioners, this is a request to author ize the manager to negotiate an advertising contract for the Trade Fair of the Americas for advertising. We followed the general format of the Florida Consult- ants Competitive Negotiations Act which this is not required for this particular matter and it is generally used for architects and engineers but we felt that the foremat is a general good sound foremat so we followed that particular fore - mat. In the process that we used our selection committee, I was on the select- ion committee, Mr. Price Director of the Publicity and Tourism Department, Evelio Ley the Coordinator for the Trade Fair, Mr. Angel Fernandez who was a former executive editor of Informacion, the daily Newspaper in Havana, Mr. Don Chapman who is formerly with the Department of Commerce .... Item D in your packet will give you the details. Mr. Chapman was formerly with the Department of Commerce and is now working with us and has had twelve years experience with the Depart- ment of Commerce as the General Manager of Fairs and exhibits throughout the world and is very familiar with the advertising that is needed for these as well as having been many years with Sears Roebuck International and Mr. Alan Rogers who is working with us and on loan to the City from Program ASsignment America and is from the U.S. Information Agency. That was the committee. We advertised in the five daily newspapers, from that advertisement we had fourteen firms who expressed an interest. All these firms met with the staff and we reviewed the scope and content and capabilities of the advertising that would be needed for the Trade Fair. From these fourteen ten submitted written proposals and those ten firms were interviewed by the entire committee. After evaluating those ten firms and their presentations we asked four firms to return for an additional review with the committee and certain specific questions were asked of all of these firms based upon the criterion that are listed on your second page at the bottom, I can elaborate on those. The agencies understanding of the Trade Fair Project and its ability to develop a market strategy for its needs, the multi - culture capabilities, the examples of creative and production capabilities from past and active accounts, the agency's organization and in-house professional staff, their disposition and availability to work hand in hand with the coordin- ator's office, the agency's grasp for the role in conducting the advertising and publicity for the Trade Fair, the agency's financial solvency and ability to function in fiscal matters and the agency's degree of involvement and exper- ience in Miami Community affairs. Of these four agencies we felt that two of these firms were considered to stand out above the others although the four were capable of doing the work. We then suggested and recommend to the Manager and the Manager recommends to you that the selection committee considers a joint venture between the firms of Zubi Advertising and Schulte, Reece & Aguilar and representatives of those firms are present. On the last two pages of your re- port you will find a quick summary of these two firms. Miss Terry Bernach, if you would stand, is representing Zubi Advertising and Mr. John Schulte is here representing their firm. At this time we would ask that you authorize the Man- ager to proceed with the contract, authorizing the contract with these firms Aubi Advertising and Schulte, Reece & Aguilar as a joint venture for the advertis- ing campaign for the Trade Fair of the Americas. Mayor Ferre: ... The difference between you and me, J. L., is that when I get the amended agenda I read it. Well then look at it and you'll see that it says advertising. ... You see, when I get an amended agenda I throw all the other one away. There is no question that there is a typing mistake on it. Go ahead, Mr. Crumpton. Mr. Crumpton: This concludes my presentation, Mr. Mayor, and we ask that you would authorize the Manager to begin to negotiate a contract with each firm as a joint venture. Mr. Plummer: Mr. Crompton, I merely want to put onto theirecord that I was called by one of the firms who was not successful in the presentation who did, in fact, furnish me with a copy of their presentation which in my estimation was excellent. I'm not mentioning any names. All I'm saying to you, Mr. Crumpton, it was requested by this firm and I think -legitimately so that a copy of each of the firms who were successful be furnished to me for analyzation and compar- ison and also once I am completed will forward it to them. We understand that losers are losers and they usually are unhappy but I would like for my own grati- fication to have the successful people, I'm sure they proposed or gave to you a presentation in writing and I would like to see a copy of that. 4 SEP 23197. ■ MM MM • • • n■nni■miiuiiii•uiii■■ imIuI.Iuml■I I I.II.0 ■1 Mr+ Crompton: We'll be pleased to furnish you with both of those from both of these firms. Mr. Plummer: Please do. Now I will be more than glad to offer the resolution or motion which says that we award the contract to the two firms as outlined. Mayor Ferre: The motion is to follow Crumpton's recommendation to appoint Zubi and Schulte. Mrs. Gordon: Joint team? Mr. Crumpton: As a joint venture. Mayor Ferre: Further discussion? Let me ask you this, Charlie, I'm sure you went through a numerical rating and all of that. Was this a close thing or was this a ...? Mr. Crumpton: the ten firms determination and bring the Mayor Ferre: Mr. Crumpton: It was quite close and, of course, as Mr. Plummer has pointed out that submitted, it was a rough time for the committee to make a . That's again why we culled it down to four and had to go back four in again. Was the committee's recommendation unanimous? Unanimous, yes, sir. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Reboso was passed by a unanimous vote of the City Commission. The motion was designated Motion N. 77-740, see confirming Resolution No. 77-756 which was adopted later in the meeting. 6. SECOND READING ORDINANCE: APPROVE APPROPRIATIONS FOR DEPARTMENT OF OFF-STREET PARKING - 1977-78. 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 SEVER - ABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Passed on its first reading by title at the meeting of September 8, 1977 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 Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8697. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 14 SEP 2 319? SZA SEDOUD READING ORDINANCES AMEN) ORDINANCE 8589 - DECREASE SPECIAL PROGRAMS BY $676,000 AND APPROPRIATE TO FINANCE DEPARTMENT FOR WORKMEN'S COMPENSATION BENEFITS. AN ORDINANCE ENTITLED - 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 BENE- FITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 8, 1977, was taken up for its second and final reading by title and adoption. On motion of Mayor Ferre, 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. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8698. 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. 8, SECOND READING ORDINANE-AND ORD, 8589 AND 8560 TO PROVIDE $39,665, TO COVER DEFICIT AT GUSMAN HALL AND ULYMPIA BLDG, 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 PRO- VISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 8, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and'.Apassed 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. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8699. MEM- MEW 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. SECOND READING ORDINANCE: AMEND ORDINANCE 8589, SECTIONS 1 AND 4 DECREASE $1,099,321 FOR PURPOSE OF DECREASING ANTICIPATED SALARY SAVINGS, 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 4 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 SEVER - ABILITY PROVISION. Passed on its first reading by title at the meeting of September 8, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8700. 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. 10. SECO@ READING ORDINANCE: AMEND ORDINANCE 8589, SECTION 1,- INCREASE DEPART- MENTAL APPROPRIATIONS TO PROVIDE FUNS FOR 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 THEREOF; PROVIDING FOR AN INCREASE IN DEPARTMENTAL APPROPRIATIONS AND FOR A CORRESPONDING DECREASE IN THE APPROPRIATION FOR SPECIAL PROG- GRAMS AND ACCOUNTS AND COMMUNITY PROGRAMS, TO PROVIDE FUNDS FOR OVERTIME, HOLIDAY, SHIFT DIFFERENTIAL, AND SEVERANCE PAY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 8, 1977, 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 Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES; None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8701, 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. le SEP 231977 . ZOO READING ORDINANCE: AMEND CITY CODE) CHAPTER 64, TO PROVIDE FOR A 7- MEMBER BOARD FOR ENVIRONMENTAL PRESERVATION. 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 NEW SECTIONS (a) AND (g) TO PROVIDE FOR A SEVEN MEMBER BOARD: BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CON- TAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of September 8, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8702. 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. 1.2. EMERGENCY ORD I NANCE : ESTABLISH THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TRUST & AGENCY FUND ACCOUNT. 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 CORRES- PONDING AMOUNT: FURTHER AUTHORIZING THE CITY MANAGER TO CO- ORDINATE ACTIVITIES, ENTER INTO AND EXECUTE AGREEMENTS WITH CONTRACTORS, CONSULTANTS, SOCKAL 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, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8703 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City COMMis., sion and to the public. 17 SEP 231977 . Salt RING ORDINANCE: AMEND RULE XIX, SECTIONS 2 AND 3 OF THE CIVIL SERVICE IDLES AND REGULATIONS - FIRE FIGHTERS TO ACCRUE VACATION 8 SICK -LEAVE. AN ORDINANCE ENTITLED !N 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 PRO- VIDING 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 CONTAIN- ING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of September 8, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, 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. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8704. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 14, E ERGENCY ORDINANCE: AMEND ORDINANCE 8589, SECTION 1- INCREASE $51,141 TO SPECIAL PROGRAMS AND ACCOUNTS FOR OPERATION 8 MAINTENANCE OF GUSt'AN HALL AND YMP I A BUILDING. Mrs. Gordon: Mrs. Gordon: has a surplus Explain that part about the Police Department. It simply means, commissioner, that it is one account that still this year and it is a source of money that would provide ... Mrs. Gordon: Yes, I read that but I'm wondering we're facing a budget where we're cutting corners on the Police Department and here we're transferring money out of their account. I meant that when I said explain it. Mr. Grassie: I'm assuming that you understand that this year's budget has noth- ing to do with next year's layoffs in terms of positions. Mrs. Gordon: You mean this year's surplus can't be transferred to next year's budget? Mr. Grassie: This year's surplus, Commissioner, from one department is not trans- ferred to that department. A General Fund surplus is available to support any department. Mrs. Gordon: I realize you can do that but that's not wisat I'm saying. Mr. Grassie: Well, what are you saying, commissioner? Mrs. Gordon: I'm just saying simply that you're facing a tremendous shortage in the Police Budget for this coming year and here there is a budget surplus in that department and you're saying that because it is you forget about it and you know still give them the same deficit. Mr. Grassie: what I'm saying, Commissioner, is that the fact that it is in this department is not significant. Mrs. Gordon: It is to me. AM lam 18 SEP 231977 • Mt. Grassie: Well, what I'm trying to explain to you is that if we understand the process it shouldn't be. The fact that it is in this department does not in any way identify the money for next year for this department. Any surplus whether it is in this department or any other would be pooled to support next year's budget. ... M. Plummer: I think also what's got to be said is that if you don't use this surplus now your deficit next year is going to be bigger. Mr. Grassie: And I presume you're not advocating not paying the taxes. Mr. Plummer: No, that's not what she's saying, Mr. Grassie. What she's saying is if you've got moneys left over why don't you since it was in one department move it over there. Rose, this is the old thing of City Hall, unfortunately it is robbing Peter to pay Paul but we do it every agenda. You prefer it not to be and I'd prefer it not to be but you know when we tell the Manager go find the Money then he's got to pull it from wherever he can and from wherever surpluses hopefully exist. You know rightfully it should be in the Contingency Fund. All surpluses should be in the Contingency Fund but with a city with a $100,000,000 budget we have a Contingency Fund of what, under $50,000? Well at this point it is in a deficit. Mr. Grassie: It is nothing. You understand that we're at the end of a budget year and we're simply making these adjustments at the end of the budget year so that we don't end up with... Mrs. Gordon: You don't object to questions do you, Mr. Grassie? Mr. Grassie: On the contrary, I'm trying to answer yours. I believe you asked a question... Mrs. Gordon: Ok, I just wanted to know ... Mr. Grassie: It would seem obvious, Commissioner, that we don't. Mrs. Gordon: Ok. Lt. Don March: Don March, Fraternal Order of Police. I'm concerned here, I have to go back and explain to my people why it is that we're not promoting any- one and why it is that we haven't filled any vacancies since December of 76 and I see this and it suggests to me that the priorities are somewhat different than those of a lot of people I've been talking with lately. I also see here maybe an indication of what I've always felt was something that I couldn't recon- cile in my mind that when you had an inability to reward a particular depart- ment if they were efficient by carrying over whatever money they had in the way of a surplus to their budget the next year. I've seen as the result of this some spending practices at the tail end of the budget where some very low priot- ity items are bought and purchased just to eat up funds so the budget won't be cut the next year and it leads me to believe that maybe something like this happened - When you have a surplus in the Police Department let's spend the money somewhere else and maybe there's going to be a notation made that the Police Department doesn't need as much money next year. And this has been, the bulk of this fiscal year we haven't filled police positions and we haven't promoted people for existing vacancies in sergeant that I know of. Mr. Plummer: Don, look, let's be fair. Ok? And I think fairness will tell you nobody will ever, I hope no one will ever question my thoughts towards police and fire, I don't think they can. But you know, I could have used the same argument when we transferred same hundred thousand dollars out of another depart- ment because of the surplus to cover Workman's Comp and overtime I believe in the Police Department. It is really a matter of bookkeeping and if any man on the street feels that because of some minor thing such as this that that's why he didn't get his raise or didn't get promoted I think it is unfair to the City. I think fairness says, look, you know how we can eliminate all of this, Mr. Grassie? Any surpluses go into the Contingency Fund and any deficits be paid from that Contingency Fund and I think that is a matter of just simple bookkeep- ing but I fail to see in equity here because of the transfer of funds. We trans- fer funds into the Police Department all of the time where they have deficits. Now you know and I know that that money has got to came from womewhere else. Lt. March: I understand your point, Commissioner, but I'm talking essential ser- vices and I'm talking about a lot of people who are very much concerned about essential services. 19 SEP 231977 Mf , P1tt et : No one more than l AM. Mayor Ferre: All right, Mr. Fannatto. Mr. Ernie Fannatto: I'm against this. Mayor Ferre: What is this you're against? Mr. Fannatto: I'm against taking this money out of the Police Department and give it to Gusman Hall, the way it reads for the simple reason that the issue is a clear cut issue - Recreation versus Police and Fire. Which is more important, recreation or the lives and protecting the property of the people in this com- munity? I'm going to say protecting the lives and property of this community and I'm going to say it again. I spoke to the Metro hearing and I said give priorities to Fire Departments, Police Departments, Fire Squads► they protect the lives and property of businesses which is very important. We could be a victim and if we're going to start taking money out of the police budget and give it to recreation the priorities are not there. The first priority is saving the lives of people and I also want to say this; I've always been one who says that the firemen and the policemen when they leave their homes, their lives are not sure of whether they're going to come back home that evening and I want to give them masses of equipment, masses of men - the priority to do that job. And I say this here, your priority is wrong and if you've got to do it the worst you can do is split it but I'm against taking it all out for this purpose. Mr. Plummer: Well let me just conclude by saying, Father, you know the Charter is very clear. The Charter says that that man sitting in that chair, whoever he be, that we cannot end the year in a deficit. That's the greatest violation there is. We cannot end in a deficit and if there is a deficit existing some- where and you're going to take a surplus from somewhere else to cover it or he is in violation of the Charter. He's got to cover the expenses. AN ORDINANCE ENTITLED - AN ORDINANCE 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 $51,141 IN THE APPRO- RIATION FOR SPECIAL PROGRAMS AND ACCOUNTS AND COMMUNITY PROG- RAMS; AND A DECREASE OF THAT AMOUNT IN THE APPROPRIATION FOR THE POLICE DEPARTMENT: 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 THE $51,141 FOR 1975 REAL ESTATE TAX REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: NOES: None. Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr.“ Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8705 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commie- aion and to the public. 20 SEP 231977 • Mrs. Gordon: Mr. Grassie, pertaining to this item which we passed on the emergency basis, but it indicates to me an area of concern and I would like you to give this area of concern your attention and come back and tell us if, in fact, those kinds of critical areas such as Police, Fire, Sanitation, if, in fact overages at the end of the year whether or not the budget for those partic- ular departments could receive a like increase for the coming year as was ment- ioned for the very sake of rewarding efficient management in a department and to avoid the "Let's spend it while we can" attitude which could happen in a department. I don't think it needs a motion of any kind, it's a statement of fact and I hope that we can for the next year take a different procedure in addressing ourself to our departments so that they can anticipate being effic- ient in the management would be rewarding in the long run. Ok? Mr. Grassie: Let me take a look at that, commissioner and see whether there is some, maybe we can devise a fair way of doing that. 15, E!''ERGENCY ORDINANCE: AMEND ORD, 8589, SECTION 1, INCREASE $9,000 IN SPEC, PROGRAMS & ACCOUNTS, DECREASE LIKE AMOUNT FROM POLICE DEPTH HALL FOR OPERATION/MAINTENANCE GUSMAN & OLYMPIA BLDG, Mayor Ferre: All right, now before we vote - we're on Item 15 - I'd like to ask this question. We've got to pay county taxes on Gusman Hall. Mr. Grassie: Yes, sir. Mayor Ferre: Now does the county have to pay city taxes in Dade County Auditor- ium? Mr. Grassie: No, my impression is the Dade County Auditorium is entirely exempt from taxes, Mayor. Mayor Ferre: Well why should Dade County Auditorium... Oh I see, because of the office aspect of it. Mr. Grassie: Yes, it is because of the commercial purposes. Mrs. Gordon: Right, and that is the same situation you have on the Dallas Park and that's why we have to look at these properties that the city owns and con- siders revenue producing, whether or not the bottom line is net profit or net loss and in this case they're net loss. Mayor Ferre: So we'd be better off just using that space for city functions. Mrs. Gordon: For city purposes only. Mayor Ferre: I completely agree, Rose. Mr. Grassie: But I do think that you also need to recognize that the symphony Society operated that building for many years totally tax exampt and had most of occupied with leased space, commercial leased space so the rules are changing a little bit and I'm simply pointing that out to you. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, ADOPTED NOVEMBER 11, 1976, THE ANNUAL APPROPRIAT- IONS ORDINANCE FOR THE FISCAL YEAR 1976-77, BY AMENDING SECTION 1 THEREOF; PROVIDING FOR AN INCREASE OF $9,000 IN THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS AND COMMUNITY PROGRAMS: AND A DECREASE OF THAT AMOUNT IN THE APPROPRIATION FOR THE POLICE DEPARTMENT; 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 $9,000 FOR 1976 REAL ESTATE TAX REQUIREMENTS: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote- 21 SEP 231977 A t1 s Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre ena111111111lrr► NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following Vote,, AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8706. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 16, FIRST READINJG ORDINANCE: AMEND 14-16(A) OF CITY CODE BY INCREASING MEMBERSHIP OF ADVISORY COMMITTEE ON SUBSTANCE ABUSE TO 7 MEMBERS. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING §14-16(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING THE MEMBERSHIP OF THE ADVISORY COMMITTEE ON SUBSTANCE ABUSE FROM FIVE TO SEVEN MEMBERS; CONTAINING A 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 Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. 17, FIRST READING ORDINAiJCE: REPEAL SECTION 11-4 AND 11-5 OF CITY CODE DEALING WITH PROHIBITION OF MINORS USING COIN OPERATED AMUSEMENT DEVICES. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 11-4 AND 11-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY THE REPEAL OF SAID SECTIONS IN THEIR ENTIRETY, HAVING TO DO WITH THE OPERATION OF COIN OPERATED AMUSEMENT MACHINES BY MINORS, THROUGH THE ELIMINATION OF THE AFORESAID REGULATORY PRO- VISIONS, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and.passed on its first reading by title by the following vote - AYES: Mr. plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferce. NOES: None. ABSENT: Rev. Gibson. The City Attorney read the ordinance into the record and stated that copies had been furnished to the commissioners and that copies were available to the public. SEP 231977 New to 18, FIRST READING ORDINANCE: AMEND SECTION 1, ORD. 8289 NUNC PRO TUNC ALLOW BONDS TO PAY INTEREST NOT TO EXCEED RATE PROVIDED FOR IN STATUTES OF THE STATE OF FLORIDA' Mayor Ferre: I have a question on this. Do we have to change the Chartet to change this or is this just an ordinance? Mr. Knox: No, this is just an ordinance. Mayor Ferre: Can an ordinance change that? Can an ordinance do it or do we have to go and change the Charter? Mr. Knox: No, it was established by an ordinance so we can use an ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8289 NUNC PRO TUNC SO THAT THE SAME SHALL ALLOW BONDS OF THE CITY OF MIAMI TO PAY INTEREST NOT TO EXCEED THE RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA; REPEALING ALL ORDIN- ANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. The City Attorney read the ordinance into the record and stated that copies had been furnished to the commissioners and that copies were available to the public. Mrs. Gordon: I have a question. How does that compare with what we are limited to now? What is our limitation now? ... Yes, but it is explained what the state allowed but what is our limitation now, higher or lower? Our's is six and the state is six? Mayor Ferre: The prior wording showing in the interest rate not to exceed six percent per annum was inadvertently copied in Ordinance 8289, therefore, it is now in order to correct said inaccuracy nonc pro tunc, whatever that means. Mr. Knox: Originally when we adopted the ordinance there was an amendment to the ordinance while our original ordinance was at the printers, at the publishing company that prints our Code and they, therefore, printed the wrong information into the Code and this is just a device to correct that. Mr. Plummer: Isn't this just making us comply? Mr. Knox: With the state law, right. Mrs. Gordon: Oh it's just technical, ok. 19' BRIEF REPORT - SISTER CITY PROGRAM; SIGNING CEREMONY FOR PARTICIPATION IN THE TRADE FAIR BY COLOMBIA Mr. Plummer: Mr. Mayor, may I interject at this point? I announced to you ear- lier that it was with the hope and desire that our distinguished guests, the counterpart of the Sister City Program from Bogota who arrived in Miami on Wednesday, forty-five in number, forty-five professional people were going to try to make an appearance here this morning and observe how we operate in our type of government. There seems to be some confusion and we're not sure what is happening but we are sure that something that was unannounced to me previously that there is a signing which is going to take place here this morning and I feel that that should proceed at this time so that these very important gentle- men can go about their business because they are not entwined into the bisit of the Sister City Program even though they both happen to be from the great country of Colombia. So I would suggest at this time that Mr. Crumpton, are you going to handle that, sir? I would also request that if possible that the Mayor of Bogota's wife be here present during this signing. 23 SEP 2 31977 • 1 Mayor Ferre: 1 would like to invite also the Consul General of Colombia and the Mayor's wife and their respective associates to please join us in the signing ceremony. Mr. Plummer: Mr. Ley, 1 think you should announce what you're doing for the public record. Mr. Evelio Ley: Mr. Mayor and Commissioners, Colombia was the first country to confirm its participation in the Trade Fair of the Americas. Colombias immediate- ly made an official reservation and an initial letter, it was the first one that we received reserving a number of the spaces and large number of square meters for participation in the Trade Fair of the Americas. Today we have the General Consul from Colombia and Doctor Leon Barragan who is representing Doctor Gama who is the National Export Director of Colombia as an official signature of the agreement of the Colombian participation in the Trade Fair of the Americas. 20, AUTHORIZE AGREEMENT WITH BOUTERSE, PEREZ & FABREGAS FOR ARCHITECTURAL CUTER,TY AID CONSULTANT SERVICES IN CONNECTION WITH LITTLE. HAVAiJA�` The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-741 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGIN- EERING CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF THE LITTLE HAVANA COMMUNITY CENTER TO BE LOCATED AT S.W. FIRST STREET AND NINTH AVENUE, MIAMI, FLORIDA, WITH THE FIRM OF BOUTERSE, PEREZ & FABREGAS, WITH FUNDS TO BE PROVIDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $48,000. (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 Gibson 21, ACCEPT COMM WORK: OMNI PAVING PROJECT - 1976 BID "A" - (HIGHWAYS), The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 77-742 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $213,894.78 FOR OMNI PAV- ING PROJECT - 1976 (BID "A" - HIGHWAYS), AND AUTHORIZING A FINAL PAYMENT OF $26,225.79. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed And adopted by the following vote - AYES; Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 24 'SEP 221977 22. ACCEPT METED WA! mil! PAVING PROJECT - 1976 BID "B" - (DRAINAGE), the following fesolution was introduced by Commissioner Plummer, Who Roved itb adoption: RESOLUTION NO. 77-743 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $125,497.66 FOR OMNI PAVING PROJECT - 1976 (BID "B" - DRAINAGE), AND AUTHORIZING A FINAL PAYMENT OF $14,959.54. (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: Rev. Gibson. 23. ACCEPT PLAT: C,A,B,A, SUBDIVISION. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-744 A RESOLUTION ACCEPTING THE PLAT ENTITLED C.A.B.A. SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed 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 Gibson 24, ACCEPT PLAT: SOUTHEAST RATIONAL BANK OF CORAL WAY. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-745 A RESOLUTION ACCEPTING THE PLAT ENTITLED SOUTHEAST NATIONAL BANK OF CORAL WAY, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZ- ING AND DIRECTING THE CITY MANAGER AND THE CITY''tLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, 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 Gibson WAR Mr- NSW- Ma- 2 SEP 231977 MIIIMIIIIIIMIMIIIMIN AYES: . CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE - ALLEY SOUTH OF 836 EXPRESSWAY AND NORTH OF N.W. 11 TERRACE, The following resolution was introduced by Commissioner PluttmAfr wj'!d MAMA its adoption: RESOLUTION NO. 77-746 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING I'OR PUBLIC USE A PORTION OF THAT CERTAIN NORTH -SOUTH 20-FOOT WIDE ALLEY LYING SOUTH OF THE LIMITED ACCESS RIGHT-OF-WAY OF THE 836 EXPRESSWAY AND NORTH OF N.W. 11 TERRACE, JUST WEST OF NORTH MIAMI AVENUE, SUBJECT TO THE GRANTING OF EASEMENT TO SOUTHERN BELL. (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 Gibson 26, APPOINTMENTS TO COrrIITTEE FOR VISITING DIGNATARIES, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-747 A RESOLUTION APPOINTING MRS. BLANKA ROSENSTEIL AND MR. ROBERT PAUL, AS CO -CHAIRPERSONS, AND APPOINTING DR. GLENN GOERKE, MR. FERNANDO PUIG, MS. PATRICIA ROSEN, MR. MILLER DAWKINS, MS. GLORIA BASILA, MS. MARY PATRICIA SKUBISH, MR. TED PAPPAS AND MRS. MARIE BROWN AS MEMBERS TO THE COMMITTEE FOR VISITING DIG- NATARIES, FOR THE TERMS HEREIN SPECIFIED, AMENDING RESOLUTION 77-283 TO ALLOW FOR TWO-YEAR, STAGGERED TERMS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Resoso, the resolution was passed and adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSEMT" Vice -Mayor (Rev.) Theodore Gibson SEP 231977 2€ 27, AUTHORIZE CITY MANAGER TO ENTER INTO ANY CONTRACTS OR AGREEMENTS FOR TITLE 11 C.E.T.A. FUNDING, The following resolution was introduced by Commissioner PlUMMer, who theiVed its adoption: RESOLUTION NO. 77-748 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY CONTRACTS OR AGREEMENTS WHICH WILL INCREASE THE AMOUNT OF FUNDS WHICH WILL INCREASE THE AMOUNT OF FUNDS AVAILABLE TO THE CITY OF MIAMI AND/OR EXTEND THE FUNDING PERIOD FOR COM- PREHENSIVE MANPOWER SERVICES SUCH AS RECRUITMENT, TESTING, PLACEMENT, UNDER TITLE I OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL CONTRACT(S) AND/OR AGREEMENT(S) NECESSARY TO IMPLEMENT AND/OR CARRY OUT COMPREHENSIVE MANPOWER SERVICES AS AUTHORIZED BY THE MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES WITH TITLE I AVAILABLE 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 Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theodore Gibson 28. ALLOCATE $10,000 FROM DEPT. OF PUBLICITY & TOURISM TO COVER COST OF IThA1T111 STREET EECORATIOUS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-749 A RESOLUTION AUTHORIZING THE ALLOCATION OF $10,000 FROM THE DEPARTMENT OF PUBLICITY AND TOURISM BUDGET TO COVER THE COST OF DOWNTOWN STREET DECORATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theodore Gibson SEP 231977 IOW Ir; i ONE-YEAR EXTENSION OF EMPLOYMENT - RAFAEL CAMPI, INTERPRETER CLERK, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-750 A RESOLUTION RATIFYING AND APPROVING A ONE YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR RAFAEL CAMPI, INTERPRETER CLERK, DEPARTMENT OF POLICE, EFFECTIVE AUGUST 28, 1977, THROUGH AUGUST 27, 1978, WITH PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, MR. CAMPI, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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 Gibson 30, APPOINT MEMBERS OF ADVISORY COMMITTEE ON SUBSTANCE ABUSE, The following resolution was introduced by Commissioner Gordon, who moved its adoption! RESOLUTION NO. 77-751 A RESOLUTION APPOINTING MEMBERS TO SERVE ON THE ADVISORY COMMITTEE' ON SUBSTANCE ABUSE. (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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theodore Gibson 31, AUTHORIZE AGREEMENT ORANGE BOWL MULL IFL FOR ORATE BOWL FIRE PAGEANT, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-752 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREE- MENT WITH THE ORANGE BOWL COMMITTEE FOR PRESENTATION OF AN EVENT CALLED "ORANGE BOWL FIRE PAGEANT" ON JANUARY 6,11978 AND DATES IN 1979 AND 1980, AS SUBSEQUENTLY AGREED UPON. (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- Commissioners Plummer, Gordon, Reboso and Mayor Terre. NOES; NONE. ABSENT: Rev. Gibson. 28 SEP 231977 32 i AUTHORIZE AGREEMENT ORANGE BOWL cc I TTEE FOR "GREAT BANDS OF THE ONGE BONA.," The following resolution was introduced by Commissioner Plummer, who MoVed its adoption: RESOLUTION NO. 77-753 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR THE PRESENTATION OF AN EVENT CALLED "GREAT BANDS OF ORANGE BOWL" ON DECEMBER 30, 1977 AND DATES IN 1978 AND 1979, AS STTBSF(IiTF9JTT,Y ArRRRD UPON. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon beil,g seconded by Commissioner Gordon, the resolution was passed aria adopted by the following vote - AXES: Commissioner Manolo Reboso Commissioner Pose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Nrne, ARSEmT: Nice -Mayor (Rev.) Theodore Giao' 33. DEFERRAL OF CONSIDERATION OF RESOLUTION ESTABLISHING RIGHTS OF EMPLOYEES LAID -OFF AND REHIRED UNDER C.E.T.A. (SEE ALSO ITEM NJo.38). Mayor Ferre, Mr. Manager, do 'you want to make a nrecentation or whoever is going to on 35 and then I'll recognize Mr. Naples for a response. Mr. Grassie: Yes, sir. Item 35, Mr. Mayor, I should say to start with is opt- ional as fax as we're concerned in the sense that if anybody on the City Commis- sion has any real question about it you won't hurt our feelings if you don't pass it. I say that by way of introduction because of the way Gene Naples jump- ed up on this item. You know basically what we're trying to do is to give employees who are potentially subject to layoff some assurance that they will be brought back, that they will not lose their benefits and we're simply trying to establish as a policy of the City Commission so that it will be believable that people who are now covered by a Civil Service Status are going to come back and they're not going to lose any benefits. Now if anybody is concerned about that or if that bothers anybody we're perfectly happy not to do it but we're simply trying to relieve some of the tension of people who would be subject to layoff. Mayor Ferre: It is going to be a controversial item, I think we ought to have Father Gibson here. Are you opposed to this, Gene? Mr. Gene Naples: Yes, but only to one.... Mayor Ferre: Are you opposed to it, Peter? Well, let's wait until Gibson gets back. He had an emergency because he has a parishioner who is dying and he hadc to go off. Mrs. Gordon: I just to ask one question before we leave this so that I can have it in my mind for later. What is the major difference between the one you just handed me and the one that we had in our packet? Mr. Grassie: The only difference is that the initial resolution had a point 5 which related to the changing of Civil Service Rules as they applied to C.E.T.A. Because that would require a lot of thinking through and a lot of preparation of the material that would go to the Civil Service Board it is a more long term thing, we have eliminated that provision (5) so that what remains is only four provisions designed to give assurances to present employees, That's all. 2Q SEP 2 31977 11u11111.u1111. ■ 34. ACCEPT BID: The following its adoption: fru THREE SHIELDED ENCLOSURES - COMMUNICATIONS DEPARII''tlT. resolution was introduced by Commissioner Plummer, who toyed RESOLUTION NO. 77-754 A RESOLUTION ACCEPTING THE BID OF ERIC A. LINDGREN & ASSOC, FOR FURNISHING THREE SHIELDED ENCLOSURES FOR THE DEPARTMENT OF COMMUNICATIONS AT A TOTAL COST OF $14,724.00 ALLOCATING FUNDS FROM THE 1976-77 FISCAL YEAR BUDGET AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed 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 Gibson 35, ACCEPT BID: HEAVY EQUIPMENT SERVICE FACILITY SITE PREPARATION. The following resolution was introduced by Commissioner Plummer, who moved adoption) its and RESOLUTION NO. 77-755 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $22,770 FOR THE HEAVY EQUIPMENT SERVICE FACILITY - SITE PREPARATION (SECOND BIDDING); ALLOCATING FUNDS FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRAT- ION, 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 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 Gibson 36. Ca1FIRMIi4G RESOWTICN: AUJTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH FIRM FOR ADVERTISING AND PUBLICITY SERVICES - TRADE FAIR OF THE ANERICAS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-756 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CON- TRACT WITH ZUBI ADVERTISING SERVICES, INC. AND SCHULTE, REECE & AGUILAR, INC., IN THE FORM OF A JOINT VENTURE, FOR ADVERTIS- ING AND PUBLICITY SERVICES FOR THE TRADE FAIR OF THE AMERICAS; FURTHER INSTRUCTING THE CITY MANAGER TO SUBMIT THE FINAL NEGOT- IATED 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 30 SEP 2 31977 UPON being seconded by CoMmissiohet Reboso, the besoititioh was Passed acid adapted by the following vote- A5: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theodore Gibson The City Commission recessed at 11:45 O'Clock A.M. and redonVehed at 2:15 O'Clock P.M. with all commissioners present. 37 PRESENTATIONS, PLAQUES AND SPECIAL ITEMS, 38. Presentation of Semana de la Hispanidad Proclamation to Dra. Aida Levitan, Director, Office of Latin Affairs, Dade County any' -Dr. Rolando Millas, Hispanic Heritage Week Committee Chairman. B. Presentation of a plaque to Coach Ron Fraser and the University of Miami Baseball Team for achieving the No. 1 National College ranking. C. Presentation of Commendations to Fire Inspector William A. Kennedy and Fire Fighter Jack W. Chambers. Inspector Kennedy was named Fire Inspector of the year and Fire Fighter Chambers was named Fire Fighter of the Year at the Annual State Wide Fire Prevention Conference held in Orlando. D. Presentation of Certificates of Appreciation to the members of the North- west Boys Club Track Team. These boys competed in the National AAU Track and Field Championships in New Mexico and brought numerous awards back to Miami. . Presentation of National FAmily Sex Education Week proclamation to Ms. Lynn Leight, R.N. This program is sponsoted by the Dade County Public School Board, Dade County Parents Teacher Association and the United Teachers of DAde. DEFERRAL OF CONSIDERATION OF RESOLUTION ESTABLISHING RIGHTS OF EMPLOYEES LAID -OFF AND REHIRED UNDER C,E.T.A, (CONTINUED, SEE ITEM NO. 33), Mr. Grassie: I don't know whether you want additional comment, Mr. Mayor, from what we had this morning. The only purpose of the resolution, agenda Item #35, Mr. Mayor and members of the City Commission, is to try and alleviate whatever concern employees might have among that group of employees who would be subject to layoff. What we're trying to say in this resolution is that people who would be subject to layoff would retain their Civil Service advantages and any provis- ions that cover them with regard to their existing status, that their seniority would continue and the fact that their salaries would be CETA funded would not affect them in terms of their Civil Service Status. Now that simply is what we're trying to achieve. It is really an assurance, it 's a policy statement and it is an indication that if the city has to do anything in terms of commun- icating with the Civil Service Board to try and make that possible so that these employees can retain those benefits that we're willing to do it. Mrs. Gordon: Mr. Grassie, I was reading the minutes of the Civil Service Board Meeting that took place in the month of August at which time I read, you know I don't have it in front of me, that CETA people - the opposite of what we're say- ing or what you're saying now, that they could not receive credit towards their longevity for pension purposes, etc. Is there some other determination that was made by them since then or is this your own decision? A Mr. grassie: Let me see if I can explain, Commissioner. there are two kinds of, there are employees who would fall into two different classifications in terms of being CETA funded. One employee would be already covered by Civil Service provisions because he was a regular Civil Service Employee before. What we're saying here is that that Civil Service status would continue. Now I think what the Civil Service Board was addressing itself to was employees who have been hired as CETA employees and who have never attained regular Civil Service status. Mrs. Gordon: I don't know, I just remember what I read but I don't have it here to refer to. If someone is here from that board that could enlighten us I would appreciate hearing this particular thing addressed. 31 SEP 231977 Mr. Grassie: Well possibly the Executive Secretary of the Civil Service Board could speak to that if you wish. Mrs. Gordon: Ok. Mr. Robert Krause: Mr. Mayor and members of the Commission, I'm not sure that I remember the specific item that Commissioner Gordon is referring to in the minutes of the Civil Service Board. I think in general it is accurate to say that in the City of Miami CETA employees have not been included in the classif- ied service of the city and have, therefore, not had the same rights of senior- ity and status and appeal to the Civil Service Board as have classified employ- ees. At the same time they have not been hired in the same way. This are his- torical reasons this that go back to the beginning of the program about three years ago but there is nothing in the federal law that would preclude .the city from having CETA employees under Civil Service and in the classified service of the city. As a matter of fact that is done in a number of other cities. ... Mr. Grassie: It certainly would be more expensive that the present practice of maintaining them as temporary employees, that is correct. Does that answer the question, Commissioner Gordon? ... Mayor Ferre: Wait a minute, Rose was asking the question. Now does that answer the question? Mrs. Gordon: I don't have the minutes to refer to, if that is what you believe was in there then I'll accept it unless I have something more specific to refer to because I'm just relying on my memory. Rev. Gibson: Let me ask this question. Oh, I'm sorry, go ahead, J. L. Mr. Grassie: The resolution that is in front of you, Commissioner, does not speak to any cut off or deadline on the benefits that would be extended to the employees, no. They presumably would retain those Civil Service rights for as long as they were employeed by the city whether they were paid from CETA funds or from regular city funds, there is no cut off. Mayor Ferre: As I understand, what you're recommending is that this be done on a basis depending... We don't know what's going to happen with the budget. Mr. Grassie: That's correct. Mayor Ferre: Now if this is the direction that we go then this is something which is, but if we fund the budget in such a way... Mr. Grassie: If it's not necessary that's great. Mayor Ferre: Then it's not necessary. So in other words.... Rev. Gibson; I want to raise a question, I want to raise two questions. I don't like doing after the fact, I'd like to do this after we discover that we must do it, I like that much better. The other thing is I want to know what affect this hiring and this layoff have upon the union. You know I raised this question be- fore that the only way to get people to dance with you, you wouldn't believe this, I know how to dance; the only way to get a woman to dance with you is to go up there and ask her to dance. Now I would like to know if the union people if you had any dialogues or discussion with the union people. You know in marit- al problems I found out the easiest way to settle the matter is for the man and woman to be talking. You said something up here that you don't think I pay you much attention. You said your partner said as long as you're talking the chances ae you may solve your problem. Do you remember that? Ok Now I want to ask before we go any further, have you talked with the union? ..You're the Manager and I know how you feel - I'm the Manager. But it is also true that these people work for the city you know. Have you talked these kinds of things over with them? The union I'm talking about. Mr. Grassie: We have not discussed this particular resolution specifically, commissioner, no. We have viewed this as something that we are trying to do for the benefit of all employees. I think that you know that not all employees are represented at this point in terms of a recognized unit. It would be impossible to talk with all of them but since we are extending a benefit which as I under- stand it hurts no one it seems reasonable to ask you to do it. But, as I say, if anybody has any reservations about it I would simply withdraw it. It is that simple. 32 SEP 231977 Mr. Gene Naples: If I might, we probably would not have any objections, and lain just a little overwhelmed at the Manager's willingness to help us this way but we really may not have any objections to what has been proposed in this reso- lution but there are a few things in here that does concern us and I think Father Gibson touched on it just a little bit and that is the fact that these would, in fact, affect people who are in our bargaining unit and who are under contract with the city. We've had no input into this and we're talking about changing rules and benefits and possibly it says here the Pension Plan itself. That's our objection at this particular time. We're not at all convinced, by the way that any of this is going to be necessary but should it become necessary then we would like to be a part of putting something together as it relates to terms and working conditions that will affect the people in our bargaining unit and that is our objection at this time. That's all that we're concerned with at this particular point. Mr. Peter Joffre: For the record, my name is Peter Joffre and I'd like to ask a couple of questions here. My understanding right now that the City people get 10% less than the regular city employees. My other question is which Gene brought up, there is no pension for the CETA men, what happens to these people? Do they go back in pension? Third of all, you do transfer people from department which I show you a letter where city people were transferred, would have no rights to anything, just the department heads or anybody decides the federal government to transfer them and they're transferring people and I'll give you each a letter. I'll read the record into the record, dated June 30, 1977. On April 20, 1977 Mr. L. Barnett, attorney for the City of Miami Sanitation Workers complained about several CETA employees working out of classification and dling like similar work on regular City of Miami work who are laid off. Mr. Barnett mentioned three individuals, Alonso , Miguel Ferre and Angel Ortiz who were working out of classification and in similar position from which regular employees have been laid off. After discussing the situation with Mr. Tom Calvert, Federal Regional Representative he was of the opinion that while the person may have been trans- ferred from one specific job title the fact that the individual involved was still operating a garbage truck gave the appearance that the ... requirement may have technically been violated. Please - and this is the best part - please transfer the man previously mentioned to another position that are further re- moved from the position with the Waste Division. In other words the federal government, and this letter comes to Mr. Mario Molins, Mahpower from Don Program Management Office of South Florida, CETA Corp. In other words the fed- eral government is going to tell the people when to move them and when to trans- fer them. What does a regular man have to do once he has been hired ... Now I tried to get these men back and they told me that nothing can do. I talked with Mr. Mielke, I spoke with Mr. Madeira, nothing. Plus, they put another name here and this is something we've got to do. If people are going to come back, be hired back as CETA employees we're going to have to have these people to have the right to be Civil Service. Mr. Joffre: What I see, the way the CETA men right now are involved, Mr. Plummer, next year you're going to turn around and take off another hundred men and make them CETA men with less pay. Before we know it we're going to have a city full completely of CETA. They'll turn around and the federal government is going to tell you where to put these people to work. That's what's happening right here. You're losing control over your people. You don't have the control over your employees, you're giving the problem to the federal government. Mrs. Gordon: I found the part of those minutes that I have recollected there in reference to the seniority and that only referred to that period of the lay- off, in other words the thirty days or whatever period of time that they are not employed in either Civil Service regular positions or the CETA positions. They do not collect or cannot collect a seniority during that time they're not really working. They have to be unemployed. 5• Mr. Grassie: Thirty days. Mrs. Gordon: Thirty days, yes. Ok. Thereupon on motion of Commissioner Plummer and seconded by Commissioner Gibson the preceding item was deferred by a unanimous vote of the City Commission. SEP 231977 4 39. Brief Discussion Item: ORANGE BOWL QUESTION -Fall Election 1977. Mayor Ferre: With regards Father and Mrs. Gordon and members of the commission, the Orange Bowl Bond Issue that is before us, after discussing this with the City Attorney and the City Manager trying every which way with bond counsel to have a more flexible bond issue. I came to the conclusion that even though it could be done we might be jeopardizing the whole thing because it could be attacked legally later on and as a consequence let's take it one step at a time. So I think what we'd better do is just leave well enough alone and let the election forward as we voted for it and then we're going to have another election in March, I don't know when in March but I would guess that it will be the end of February or March on Rapid Transit. At that time I think we might be able to add some other things that we want, more flexibility. CIO, REQUEST CITY ATTORNEY TO RENDER LEGAL OPINION AS TO STATUS OF SECRETARIES TO THE CITY COMMISSION, Rev. Gibson: Mr. Mayor, I want to raise a question. I received a memo, and I suppose all of us did, about a memo I think is in response to a request I made while it was not directed specifically to me it affects at least four of us and I hope that all of us red that memo and understand it because sooner or later the fat is going to hit the fire - the people who work for us. I tinkced itthat atcent- ought to be crystal clear because you know I'm the only guy who ly and I want to make sure that while I was able to survive it - the Commissioners secretaries, I'm talking about mine I'm not talking about anybody else's I'm talking about mine. Now if you all don't want to bring up yours that's all right with me because what I see is based on the opinion of counsel that the Manager hires and fires my secretary. I don't run the church that way and I don't plan to serve as the commissioner of the City of Miami where the Manager hires my secretary because my secretary holds life and death over me. Let's make sure we get it straight and clear, put it on the table right now. Mr. Plummer: Father Gibson, since you were speaking for yours if I don't speak for mine I'll never get back in the door. Mrs. Gordon: And I'll third that motion. Mr. Plummer: Mr. Mayor, is the floor open for a motion? I'll make a motion that at this time during the budget process our secretaries be considered as administrat- ive aides I can't do that? i'll make a motion at this time that the Civil Service Board consider holding a hearing making our secretaries administrative aides. Is that in order? It's a request. Ms. Pat Skubish: Mr. Plummer, even though I have some disagreement with the City Manager he is the boss. You see, he has the administration. In the Charter you do not have any right to hire anyone in the Charter. Now what you are doing and you are saying is that you are going to hire who you want and I know Christie and I know all your secretaries and I like them all and it is nothing personal but you do not have that right. Mr. Plummer: Then how does the Mayor have the right to have a contractual agree- ment with Mr. Cobo? Ms. Skubish: That is what Mr. Grassie is going to have to straighten out because as it stands right now you don't have a right to hire anyone. Mr. Plummer: Well what you're telling me then... Mayor Ferre: Well, Mr. Cobos is the Mayor and you don't seem to want to recognize that. Mr. Plummer: Super Mayor. Mayor Ferre: You keep beating around the bush and you don't want to recognize that the real Mayor is Frank Cobo. Mayors come and Mayors go but Frank Cobo stays. Mrs. Gordon: Forever.. Mr. Plummer: What you're telling me is that, in fact, it would take a Charter change. Ms. Skubish: Yes. Mr. Plummer: Then why are our secretaries not covered fully under Civil Service? MI Ms. Skubish: They didn't take any tests 34 SEP 231977 Ms, Skubish: They didn't take any tests, they didn't qualify, they didn't even go for a non-competitive. I mean you don't just hire them you know because you Want them and that's it they have to qualify. How do they qualify? Do they take a typing test? Did they take a stenography test? Do they go through a non-competitive exam? Mrs. Gordon: They took a loyalty oath. Ms. Skubish: No, that's not good enough, Mrs. Gordon. There is a lot of loyalty running around. ... No, seriously that's the way it has to be. If Grassie is coming in here and taking over and sweeping clean he has to start right here. He sure does. Rev. Gibson: Mr. Mayor, I don't know how to get this done... Mrs. Gordon: Mr. Grassie can't stand all this amount of loyalty from you, Pat. Mr. Plummer: Pat, I've got news for you you don't know the Spanish word but they say he'll get his broom taken away and he'll get a plomero. Mr. Knox, you know what we're trying to accomplish, how do we do it? Is there any way short of a Charter change? Mr. Knox: Well, initially and tentatively I would say that there may be a mechan- ism whereby each City Commissioner is entitled to an appropriation pursuant to our budget process. Rev. Gibson: I didn't hear that, let me hear that again. Mr. Plummer: He just got a raise. Rev. Gibson: Repeat it again, I want to hear it. Mr. Knox: I'm saying that it may be possible that the City commissioners would be authorized a sum of money with which they may conduct their official activit- ies and out of that budget then they would employ perhaps on a contractual basis their secretaries. Mayor Ferre: All right, why don't you put this in a legal opinion and send it to us and we'll take it up... Mr. Plummer: And try and develop as many alternatives as you can. Rev. Gibson: Yes, Mr. Mayor, I want to make sure everybody understands. I'm not concerned about what the methodology is I'm concerned about the results. I think it is perfectly ridiculous for this commission to sit up here after all these years, certainly the 51 I've been here and the Manager could come in in the morning and say to my secretary, "You go." Look, she doesn't have any deal- ing with the Manager and I think we need to straighten that. I have nothing against the present Manager and I just want to make sure that counsel that you understand that when you come back with whatever the mechanism is I don't want no, you know. Right. .... Mayor Ferre: It isn't that much of a right, there is a very simple point. You want to change it, change the Charter. Rev. Gibson: I have no objection. Wait a minute, let me make sure everybody understands Theodore. I don't care what you have to do I want to accomplish the goal. Mr. Mayor, you know I think we run scared about same things that are just principle like. I believe that in no good business, you don't do it in your business and this commission is a business, is a serious business. The secretary in a sense holds life and death over the commission. Man! ... Well... Mr. Plummer: Well Pat, what Father is saying is in reality you know it is not practical... Ms. Skubish: Mr. Plummer, I know what Father is saying in reality I'm just say- ing in reality the taxpayers of this city speak through the Charter and you as commissioners are officials of this city and you have to uphold that Charter and once you start lolligaging around that's no good, you're not listening to the people. If you don't like what's in that Charter then get it on a referendum and change it. Mayor Ferre: I'm well aware of that, Miss Skubish and now we're going to go onto something else. SEP 231977 • • Lt 1 DEPOSITS OF CITY' S FINDS IN LOCAL AND MINORITY -OWNED RANKS. Mayor Ferre: Mr. Grassie and Mr. Knox, before we get to 3:00 in a few thinutes# I got a letter from Secretary of Commerce Robert T. Hall about the point that on the Round Two of Local Public Works we have to have in the spirit of the legislation the depositing of funds in minority owned banks. I'm going to give this to you in a moment for you to research which brings me up to this point. I have been asking the manager for quite some time what the process is so that we can take banks is Miami and on some kind of a revolving basis, a propornate basis move the depository funds around, not just minority banks but all the banks. I want you to know that I saw in the list sometime ago that we had for example moneys in a bank at Coral Gables. I saw that we had moneys in a bank in Miami Beach. I saw that we had money deposited and that we had... Now I know that the interest in one was 4.93 and the other one was 5.18 and the other one was 5.23 and the difference between one and the other doesn't amount to tiddley winks as far as I'm concerned and we had substantial millions of dollars, Father I want you to listen to this, we've got substantial millions of dollars in banks in Coral Gables and in Miami Beach and to me it doesn't make any common sense and I think... Mrs. Gordon: I agree with you on that. Mayor Ferre: I would say two things (1) I think that all banks, and by all I mean every single bank that is within the boundaries of'the City of Miami should share on a proportionate basis the largess of the city whether it be bond moneys, housing bond funds, accounts, employee accounts, whatever it is. I'm not in any way casting a disparaging remark towards South East Bank which has been our major bank I understand for years and years but I think it is essential that others, let me put it to you this way. The ten or fifteen million dollars that South- east may have or some other bank between all these different accounts isn't go- ing to make that much of a difference from Southeast but a hundred or two or three hundred thousand sollar deposit for Continental or for Total Bank or Capital bank or Republic Bank or Bank of Miami or the what have you bank is a major de- posit and I think if we're indeed trying to help these smaller banks make the grade, I'm not saying that we should take some little dinky bank who has fifteen million dollars in deposits and deposit five million dollars, I"m not recommend- ing that, I think it ought to be on a proportionate basis and do it on a revolv- ing basis. I think we really should favor, you ought to come up with a formula that favors smaller banks and minority banks. Now you told me this morning that you may have to make a Charter change. Now would you tell me how that is? How could it possibly be that in the Charter of the City of Miami banks are named? Would you clarify that for me? Do you know what section of the Charter that is? That's unbelievable. Excuse me, let me explain. When I discussed it with the Manager he said do you know there are seven banks named in the Charter where the deposits, and I said, if that is so, we have got to change that immediately. That is absolutely absurd. Mr. Grassie: Commissioner, I can't give you a specific answer with regard to a charter provision but I can tell you that we had a visit about 6 months ago from a representative of one of the smaller banks which happened to be a latin controlled bank. At that time, I asked Joe Parades to look into the question and see what we could do. What he came back to me with was that there is a provision and frankly I do not remember whether it is in the Charter or the Code that is one, which specifies and has specified apparently for ten years or so, that there are 7 banks among which the deposits of the city have to be rotated on an annual basis. Mrs. Gordon: I believe I have seen it, and it is in the code. Mayor Ferre: We don't need a charter change on that do we Just an ordinance. Well I would like to, in fact I will move you Sir that being that this is in the code and we can do this by ordinance, that the Law Department be instructed. The City Attorney be instructed and the Manager to confer, on the recommendation that all deposits of the City of Miami, by that I mean, All the deposits where this City commission has any authority over them, bond monies or otherwise, to come up with a recommended rotating system so that no bank is excluded and all small and minority banks participate and that the preference be given to the smaller banks over the larger banks. 36 SEP 231977 • • 1 afit hot just singling out Southeast, 1 am talking about all the major banks, A bank that has 3 million dollars in deposits, frankly is not that much impact, If there are offsetting reasons, for example like supporting the purchases of bonds that you can definitely show has been effective in lowering our interest expense on the sale of bonds, then that is something that we can take into consideration. Mrs. Gordon: You want to say, all things being equal. That it be on a rotating basis. Mayor Ferre: The Florida National Bank is putting in a bid to buy 30 million dollars of City of Miami Bonds comes in with a bid price which is 3 points lower or a kpoint lower, obviously, we are going to deposit our money there. I don't want to name any bank specifically. In banking relations there is something called the offsetting balance. If you go back over the last 10 years and you look at the offsetting balance that the City of Miami has kept in respective banks, I would dare say, without even looking at the record, that those respective banks, and I am talking about all of them, have gained 10 fold over what we have. They have gotten 10 times more out of us than we have gotten out of them. Mr. Grassie: Mr. Mayor, are you talking about non interest bearing deposits? Mayor Ferre: I am talking about interest bearing and non interest bearing deposits. I am talking about moving accounts, like salary deposits. If you keep a balance of 3 million dollars, what is out weekly payroll here? A million dollars a week. I guarantee you if you keep a balance of a couple of million dollars and you get it on payday, and I for example, noticed that you had about 5 million dollars in a Coral Gables, Bank. The difference was, you were getting about 5.29 or something and the differences are just minimal. One bank or another. I guarantee you that the intent of my motion is that we only use Miami based banks within the confines of the City of Miami and that we favor the smaller banks. I think the time has come. Mr. Grassie: A couple of questions for clarification Mr. Mayor. I understand that there is a Mayor Ferre: All right, I made that in the form of a motion. Mrs. Gordon: Shorten that motion please. Mayor Ferre: The motion is that the manager be instructed to look into the deposititory relations of the City of Miami and the Banks on a rotating basis. Mrs. Gordon: I will second that motion. Rev. Gibson: Discussion? Call the roll please. Mr. Grassie: The City Attorney tells me that there is a charter provision Mr. Mayor that speaks to the business of the City going to the bank that provides the best interest. Now I assume - Mayor Ferre: Obviously, its got to be the bank that gives us the best interest. Mr. Grassie: It says, the City Treasury shall be deposited shall be deposited with such responsible banking institutions as furnish such security as the Commission may determine and shall agree to pay the highest rate of interst. Mrs. Gordon: There is nothing in the motion that disputes that. Mayor Ferre: That is charter right? I would not proposOto change that. I think that sometimes we spread this thing around and I think we give preference to banks that could be done in Miami. Mr. Grassie: I would think that we probably would be able to accomplish your objective with regard to Miami Banks. The point is, that if you rotate them around, we are going to have difficulty with this provision and I simply wanted to point that out. 37 SEP 231977 Mayor Ferre: Look Mr. Grassie, it is a complicated subject and I have no way of telling at this point how you are going to do it. All I am saying, is look into it and come back to us. You understand the principle of it? Mr. Grassie: I understand your intent, yes. Then what you would expect us to do would be to get a recommendation back to you on how we would carry this out. Mayor Ferre: We are not talking about small amounts of money. We are talking about 10 to 15 million dollars. Please don't understand me. I am not saying that we are not fiscally responsible the way we handle funds. I am sure that you are doing the best job that is possible to be done but I do think it is something we ought to have a little bit of update on so we all understand what is going on. Rev. Gibson: Mr. Mayor, I would like to add to the motion a time frame. Maximum or minimum of 30 days and a maximum of 40. Mayor Ferre: Is that reasonable Mr. Grassie? Mr. Grassie: Yes Sir, assuming we have a City Commission meeting within that period but I m sure that within a couple days. Rev. Gibson: Minimum of 30 - maximum of 40. Call the roll. The following motion was introduced by Commissioner (Mayor) Ferre who moved its adoption. MOTION NO. 77-757 A MOTION DIRECTING THE CITY MANAGER TO INVESTIGATE THE DEPOSITORY PRACTICES CURRENTLY BEING USED BY THE CITY OF MIAMI IN LOCAL BANKS AND TO COME BACK TO THE CITY COMMISSION WITH REC- OMMENDATIONS IN A PERIOD NOT TO EXCEED 30 to 40 DAYS Upon being seconded by Commissioner Gordon, , 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. The Mayor asked if anyone wished to speak on items 6 through 18 passed earlier in the day and no person was present that wished to speak on these items. 42, PUBLIC HEARING - CERTIFICATES OF PUBLIC CONVENIENCE & NECESSITY. The following resolution was introduced by Commissioner Plummer, who, moved its adoption: RESOLUTION NO. 77-758 A RESOLUTION TRANSFERRING CERTAIN CERTIFICATES or CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CUTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (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- .AXmS: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rov.) Theodore Gibson Mayor Maurice A. Ferre NOES: None, 38 SEP 231977 411 45, PUBLIC FARING: OBJECTIONS TO CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER INPF NE I.W - SR 5242-C, the following resolution was introduced by Commissioner Plummer, who hotted its adoption: RESOLUTION NO. 77-759 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C (center= line sewer) IN SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242-C (centerline sewer) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIES (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 - ALES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None, NOTE: The Mayor made an announcement to determine if any members of the public were present who wished to speak in objection to the above resolution and no one appeared. 44, PUBLIC HEARING: OBJECTIONS TO CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF Scum PINEFOUNT SANNITARY SEWER INPROVIN.fJl- SR-5242-S, The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 77-760 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S (sideline sewer) IN SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S (sideline sewer) 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 Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. NOTE: The Mayor made an announcement to determine if any members of the public were present who wished to speak in objection to the above resolution and no one appeared. 39 SEP 231977 APPOiNTNENT TO COMMITTEE ON ECOLOGY AND BEAUTIFICATION. The following Motion was introduced by Commissioner dfc ofi who; dotted its adoption. MOTION NO. 77761 A MOTION APPOINTING MILDRED OWEN TO THE CITY OE MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION Upon being seconded by Commissioner Plummer, 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. 46. 1bTION OF COMMENDATION TO LT. PARCH AND PAT SKUBISH. Mr. Plummer: Mr. Mayor, let me put on the record. You and I were both privileged and we don't always recognize our own when we should and I think that the record should reflect a great deal of compliments to Pat Skubish and to Don March, as President of the F.O.P. for a most successful affair on Saturday in which Telly Savalas was the star. They packed the OMNI International and the sold beneficiary of the proceeds of that event, hopefully, will be the first of an annual and on -going event, are for the childrens education of officers who possibly would meet with misfortune and death while serving in that capacity. I don't know what they raised at that affair, its really none of my business, but I want to tell you that I was well pleased that our people were involved. Pat did a tremendous job. March and all of his people did a tremendous job and I think that this City should recognize that those people did a fantastic job, the administration, fathers and mothers of our own helping out people and I want that on the record. Lt. March: Mr. Plummer, I want to thank you and I want to thank the Mayor for attending and I appreciate anything that you sent my way, however, I had really little to do with putting on the affair. This was something that was largely the responsibility of private citizens, most of them members of the FOP associates who were really largely responsible for everything that was done in conjunction with Lansons, a private corpora;tion. For those of you who were not able to attend, it was an excellent opportunity to meet and listen to Telly Savalas, very enlightening as to the type of individual who portrays a police officer. We anticipated raising in the neighborhood of 25 to 30 thousand dollars and for the information of everyone, we do have one young man, the son of Officer Ferguson who was killed in the line of duty, scheduled to participate in Electronics School and he is headed for, not Electronics School, Respiratory Therapy and he is the recepient and he is scheduled to start attending classed right away. Mrs. Gordon: I just want to say something. I think we should feel very proud of the fact that our Police and our Firemen engage in so many philanthropic concernis of the communith and you noted it today and muscular dystrophy had the Firemen out on the street and it really makes you feel proud to be a part of the city government. 40 SEP 231977 • The folicNitih0 Motion was ihttoduced by Cofl flissionet Gordon Who boned its adoption. MOTION NO. 77-762 A MOTION OF COMMENDATION TO LET. DON MARCH AND PAT SKUBISH FOR THEIR EFFORTS IN COORDINATING THE SUCCESSFUL COMPLETION OF THE TELLY SAVALAS SHOW Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote -AYES: Commissioner Manolo Reboso NOES: None. Commissioner J. L. Plummer Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre 47* DISCUSSION of PROPOSED LANDING OF THE CONCORD IN THE GREATER MIAMI AREA. Mayor Ferre: We have to very briefly touch said that the City of flying into. That is all very nice. We really have have a group of residents that live in an ongoing battle with the FAA and the I would like to offer a motion that we of the Concorde flying into Miami. I would like to point out that there are obviously very few Concordes around and from the looks of it, its an endangered species. It probably won't be around very long. In the meantime, I think it does an honor to the City of Miami as an international center of travel for the Concorde to stop here. You know that it can't make it to Europe without refueling, so probably the impact is toward South America rather than Europe and since we do have the Everglades and since the Concorde could come in from the Florida Everglades or Keys and therefore not go over Grapeland Heights and the City, I would like to move you that we commend the President and that we commend the Chamber of Commerce for their vision in bringing in the Concorde to Miami as an international flight center and that we go along with that provided however, that the flight pattern be firmly established as coming in from the Keys over the Everglades, and always landing west of the East which it can do very easily.. a matter ladies and gentlemen, which I think we ought on, and that is the President of the United States Miami is one of the places that the Concorde could be no jurisdiction over it except that we a place called Grapeland Heights who have Airport authorities. back the chamber of commerce's findings Mr. Plummer: You are playing God. Mrs. Gordon: Yes. Mayor Ferre: No I am not playing God. Mr. Plummer: You are, because that thing has to depends on which way the wind is blowing. land into the wind, which Mayor Ferre: The Concorde does not have to land into the wind. Mr. Plummer: Where does it get its lift from? Mayor Ferre: From its engines. The Concorde can land against or into the wind. All I am saying here is that we officially go on record here, saying that we welcome the Concorde, please let it come in from the Everglades, West going East. I so move. 41 SEP 231977 Mrs. Gordon: I am not ready to If there is a substitute motion, I think hear from the people. Because, that is statements I have heard and vote on them have had much more information than that as they please. vote on that motion Mr. Mayor. we could have a public hearing and too big a project for me to take the as an endorsement for them until I . The rest of the people here can do Mayor Ferre: Well I withdraw my motion and just make that as a statement to the Press and then later on, we can bring it up for discussion. 48, CONFIRMING RESOLUTION: CHANGE DATE OF OCTOBER 27 COMMISSION MEETING TO OCTOBER 26, 1977. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-763 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF OCTOBER 27, 1977 TO OCTOBER 26, 1977 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: the resolution was None. There being no further business to come before the City Commission, on motion duly made and carried, the meeting was adjourned at 3:30 O'Clock P.M. ATTEST: Ralph G. Ongie 'City Clerk MAURICE A. FERRE Mayor 42 SEP 231977 1 2 3 4 5 6 7 8 9 10 11 12 13 14 cITY OF M'AMI DOCUMENT DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSION- AL SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF THE LITTLE HAVANA COMMUNITY CENTER. ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $213,894.78 ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERF COMPANY AT A TOTAL COST OF $125,497.66 ACCEPTING THE PLAT ENTITLED SOUTHEAST NATIONAL BANK OF CORAL WAY CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF THAT CERTAIN NORTH -SOUTH 20 FOOT WIDE ALLEY LYING SOUTH OF THE LIMITED ACCESS RIGHT-OF-WAY OF 836 EXPRESSWAY. APPOINTING MRS. BLANKA ROSENSTEIL AND MR. ROBERT PAUL AS CHAIRPERSONS, AND APPOINTING DR. GLENN GOERKE, TO THE COMMITTEE FOR VISITING DIGNITARIES, FOR THE TERMS HEREIN SPECIFIED. AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY CONTRACTS OR AGREEMENTS WHICH WILL INCREASE THE AMOUNT OF FUNDS AVAILABLE TO THE CITY OF MIAMI AND/OR EXTEND THE FUNDING PERIOD FOR COMPREHENSIVE MANPOWER SERVICES AUTHORIZING THE ALLOCATION OF $10,000 FROM THE DEPART- MENT OF PUBLICITY AND TOURISM BUDGET TO COVER THE COST OF DOWNTOWN STREET DECORATIONS. RATIFYING AND APPROVING A ONE YEAR EXTENSION OF EM- PLOYMENT PAST THE AGE OF 70 FOR FAFAEL CAMPI, INTER- PRETER CLERK. DEPARTMENT OF POLICE. APPOINTING MEMBERS TO SERVE ON THE ADVISORY COMMITTEE ON SUBSTANCE ABUSE. AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR PRESENTATION OF AN EVENT CALLED "ORANGE BOWL FIRE PAGEANT" AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR THE PRE- SENTATION OF AN EVENT CALLED "GREAT BANDS OF ORANGE BOWL". ACCEPTING THE BID OF ERIC A. LINDGREN & ASSOC. MEETING DATE: September 23, 1977 COMMISSION ACTION R-77-741 R-77-742 R-77-743 R-77-745 R-77-746 R-77-747 R-77-748 R-77-749 R-77-750 R-88-751 R-77-752 R-77-753 R-77-754 RETRIEVAL CODE NO. 0049 77-741 77-742 77-743 77-745 77-746 77-747 77-748 77-749 77-750 77-751 77-752 77-753 77-754 f I DOCUMENTI NDEX CON 15 16 17 18 19 20 DOCUMENT IDENTIFICATION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT' OF $22,770 FOR THE HEAVY EQUIPMENT SERVICE FACILITY - SITE PREPARATION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH ZUBI ADVERTISING SERVICES , INC. AND SCHULTE, REECE & AGUILAR, INC., IN THE FORM OF A JOINT VENTURE TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF OCTOBER 27, 1977 TO OCTOBER 26, 1977. COMMISS I -ON ,A JION R-77-755 R-77-756 R-77-758 R-77-759 R-77-760 R-77-763 RETRIEVAL CODE NO 77-755 77-756 77-758 77-759 77-760 77-763