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HomeMy WebLinkAboutCC 1976-03-25 MinutesOM ISSION MINUTES 8:30 AIM. THURSDAY, MARCH 25,1976- DOUBLE TAXATION OF MEETING HELD ON 1000 A.M. REGULAR SESSION BEGINS 7:35 P.M. BAY HEIGHTS TRAFFIC FLOW STUDY PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G... ONOLE ASSISTANT CITY CLERK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. • 12. 13. 14. 15. 16. 17. 19. J MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA AMMO SPECIAL MEETING - DOUBLE TAXATION REGULAR MEETING ZONED STREET WIDTH - AMD. ORD. 6871 ART. XXV, SEC. 1 PARA 121-A STREET CLOSING-N.W. l-LTH STREET ROAD AND HIGHLAND ROAD N.W. OF 14TH STREET. PROPOSED CHANGE OF ZONING - LOT 11 BLK 1 GROSSE POINTE HIGHLANDS ADDITION. REQUEST FOR CHANGE OF ZONING CLASSIFICATION, NELSON VILLAS & GARDEN OF EDEN LOTS 12-16. PUBLIC HEARING -EXTENT) HOURS OF SALE OF ALCOHOLIC BEVERAGES 4 COP. PERSONAL APPEARANCE OF SENATOR HARRY CAIN, PRESENTAT- ION FROM GOODWILL INDUSTRIES FOR ORANGE BOWL POLYTURF DISPOSAL. PUBLIC HEARING - PROPOSED EXTENSION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES 4 COP; APPOINT STUDY COMMITTEE. PRESENTATIONS, PLAQUES, CERTIFICATES OF APPRECIATION. WAIVE RENTAL FEES - WATSON ISLAND & SHOWMOBILE FOR PONCE De LEON CELEBRATION APRIL 4, 1976. ORDINANCE OR RESOLUTION NO, M 76=291 FIRST READING R 76-292 M 76-293 M 76-294 DEFERRED DEFERRAL M 76-295 DEFERRED M 76-296 MOTION WISHING SPEEDY RECOVERY TO SENATOR CLAUDE PEPPE .M 76-297 PERSONAL APPEARANCE - DR. RUIZ TO REQUEST FREE OFFICE SPACE IN OLD RIVERSIDE BAPTIST CHURCH PROPERTY TO FACILITATE HANDLING OF PROGRAM TO AID LOBSTER FISHER- MEN. PERSONAL APPEARANCE OF MONTY TRAINOR REGARDING FOUNT- AIN AND LANDSCAPING AT FOOT OF AVIATION AVENUE AND SOUTH BAYSHORE DRIVE. DEFERRED M 76-298 REQUEST CITY MANAGER TO DETERMINE FROM DEPARTMENT OF NAVY THE AVAILABILITY AND POSSIBLE RELOCATION TO MIA/ AS A MUSEUM THE U.S.S. MISSOURI. M 76-299 PERSONAL APPEARANCE OF MR. LLOYD HOWARD -COMPREHENSIVE TEMP. DEFERRAL ALCOHOLIC PROGRAM PERSONAL APPEARANCE OF MR. JACK WEISS - CITY OWNED STREET LIGHTING PERSONAL APPEARANCE OF MR. LLOYD HOWARD -COMPREHENSIVE ALCOHOLIC PROGRAM, FUND FOR PERIOD OF 1 MONTH NOT TO EXCEED $4,000. PERSONAL APPEARANCE OF MR. ROBERTO TABOAS TO REQUEST ZONING RELIEF FOR PROPOSED APARTMENT BUILDING TO BE BUILT AT 735 S.W. 5TH STREET. PERSONAL APPEARANCE OF MRS. CHARLES STARKEY - TRAIL MINI -PARK REFERRED TO MANAGER M 76-300 DENIED DISCUSSION PERSONAL APPEARANCE OF ATTORNEY JESSIE MC CREARY, REQUESTING PROMOTION OF PERSONS TO CONFORM WITH INTEN1 AND PROVISIONS OF CONSENT DECREE(OFFICER WHITE)., 0 M 76-302 1.-17 18 19 19-23 24-28 29-34 34-35 35-36 47 47 48 48-50 50-52 52-53 54-55 55-59 59 60-63 63-69 69'80 MINUTES OF SPECIAL MEETING CITY Cr)MM? S`' i C)N OF MIAMI, FLORIDA * ,w * * * * * * * On the 25th clay of March, 1976, the City Commission of Miami, Florida met at its regular meeting place at City Hall in said City in SPECIAL SESSION to consider the matter of double taxation. The meeting was called to order at 8:30 A.M. with the following members of the Commission present: Vice-A,ayc,r Rose Cordon Commissioner (Rev.) Theodore Gibson Commissioner Manolo Reboso Cotrni.ssioner J.L. Plummer, Jr. Mayor Maurice A Ferre Also present: P.W. Andrews, City Manager A.P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H.D. Southern City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Rev. Gibson, who then led in the pledge of allegiance to the flag. Mayor FErre: This is a special meeting, called at 8 o'clock for the purpose of reviewing the matter of double taxation, so I will turn over the Mr. Andrews and the City Attorney, Mr. Lloyd for discussion on this item. Mr. Andrews: Mr. Mayor and members cf the Commission , would like Mr. Lloyd to begin this process of explanation as to where we are in the matter of double taxation and I will assist :rim in responding to areas involving any given subject that he so choses, but because we are in the process of potentially litigating this matter, I think it more appropriate that the City Attorney take the leadership in explaining to the Commission, and I would appreciate very much there will be areas that Mr. Lloyd will not wish to get into at this time because of the pending case, but we want to fully answer your questions and give any explanation the commission wishes in reference to this matter. Mr. Lloyd: What I will do briefly this morning is to explain the legal aspects, the rights of the City, under the state constitution. Let me explain what we have done so far, so the commission can make up its mind first, to give the final order to proceed if you desire with the lawsuit and second what areas you wish us to cover in the law suit. We are ready to proceed if the commission directs it, with a petition for declaratory judgement what is the legal instrument which is filed in court which is appropriate to file in court under these circumstances. Under your resolution of May 8, 1975, you identified five services rendered by the county, especially for the benefit of the unincorporated areas which were the fire department, the south Dade government center, the south Dade community health center, the department of public safety, the department of parks and recreation. First, briefly, I'll make this as undetailed and as simple as I can, but you must remember that myself, Mr. Andrews and his budget staff and others have spent months on this, and I am going to try to explain it to you in 5 minutes, but I will do it as best as I can. In the 1968 revision to the state constitution, it provided that property situate within a municipalities, should not be subject to taxation for services rendered by the county exclusively for zhe benefit of property or residents in unincorporated areas. On 1 January, 1975, a florida statute became effective which provided a method of implementation of this constitutional provision. Pursuant to this statute, a.; I told you, you passed your resolution of May 8, identifying the 5 areas which yru thought were rendered especially for the benefit of the residents of the unincorporated areas and submitted that to the county commission. Also pursuant to the stature, we have prepared the law department after extensive study both factually and legally, an instrument to be filed in court if you wish. And you have of course rendered another resolution authorizing and directing one to file such ar. instrument. So today you will determine whether you want me to file it, and what areas we will. ._over of these five. Mayor Ferre: Today we would lez ert ie whether we would atop you from filing, MAR 2 5 1976 Mr. Lloyd: Yes, that Is cc,rYect If you tell me not to file. Unless You tell me not to, i will do It. First, I will tell you quire. samply, that after our study, we have determined and i will tali the commie -non that we would not: be prepsred to file unless we had determined this, that we feel the the City of Miami has such rights so that from a stand point of a declare t:1.:.)n of the rights by the court, which is the first thing the court does in cases °iu h as this, is that, we can state ghat is known as a cause of action. :: ct ;c :_hat. .,e have a right which can be determined by the court, that the ieeai' princ.ip3 es are we have a right to have determined by the court t:h: t eropeetv which r ecei\'es benefits in the un- incorporated area which the city doee ,,,t we have a right to relief from taxation. Now, you will note, and I must cal'. tt•i;: to your aetertion, the term exclusively in the constitutional -cevis..tr. Tor supreme court of Florida in the case of St. Petersburg ve. Rile-J., hr.c:, , i :-1:ea that term to meat substantial benefit. What they mean is this, that i - r c.: t:y receives directly or indirectly a substantial benefit from a service rocderee specially to people in the un- incorporated areas, it is not entielcd to tax relief bet the benefit that the city has to receive from this must 7e seestentia3., otherwise they are entitled to relief. Some benefit can he received by the City and they can still get tax relief. In that case however, and :. cell t';::r to yoer attention, there was a sewer line which was only 1r the un?.r..,oe oreted areas anc St. Petersburg claimed that was of no benefit to the eesidcetl c'_= t. pe.'_ersburg and the court first enunciated the substantial benefit er'.etie ,e het then held that disease knew no boundaries and because of ::he healt; irctor for the unincorporated areas of eliminating disease all over ;:he couetee St. Peteesburg did receive a substantial benefit from the sewer i'ne in thy- unincorporated areas. So I nay to you that we 'o have a leeal eight which Is a principle which can be litigated in court. The proof is rne, :ee :tatter, so therefore what we have done is, after extensive study. if yea:. '.,en. .<> wish to hear from the police chief, the fire chief and we h;:.ve c< 1iyu tewe ed of the department of parks and recreation as to what services, T. este3. them a series of questions which they are prepared to answer gener4 :y. Then yot can decide if you want to go into all five areas. I will make this su g s`cu. that if we file, we do not limit in any one area because the law is against: eh,t they term splitting causes of action. In other words if you have damages, you bring them all forward in one case, all that you have arising out of the s ma situ^t'_on or you are precluded from later bringing them in, so you don't keep going 'e court. Mayor Ferre: So you had better open i ; a'.i up. Mr. Lloyd: I am prepared to do that., and your resolution generally provides for that, and then what we prove, ee prove, what we don't prove we don't prove. If you wish to hear from Nr. endrews, and if Mr. Andrews wishes the fire chief and the police chief and Mr. ;award to explain any factual matters which they have covered and pursuant to ,h.2 constitutional provision and the substantial benefit provision in Riley, I have discussed this the fire chief, police chief and Mr. Howard and so as tc provide me with any information to determine what proof we will offer. Mayor Ferret Okay, will you proceed ;ben? Mr. Andrews: T will be glad to respond to any questions the commission has . The specific areas that we are talkie; about, for purposes of explanation are the public safety department, fire, public works and parks and recreation. I might use an an example to assist the commission in this area, the public safety department of Metropolitan Dade County as example of where, everything that we can find documented in.'.icaticr_ he: there is a definite area of double taxation. The Metropolitan. Dade County ':;z4 ;_ is divided into to two parts. That budget which serves the ertirc coimunicy, aed an additional budget document that provides those services in the unincor poraccd Wiree as to their method of funding. When you examine these two documents, you eistover that there is a proportionment of funds which is attributable to the i.ninenreorated area. When you begin to analyze the services rendered to theCity cf '.i.ani because the City does receive some services directly from the public sef.ty department, an example of the listing of those services is, crime ?aboratnry, bonb disposal, marine patrol, a helicopter service, and a few other minor services. I'ee bulk of the services rendered to the unincorporated area iheeleed beelee:i1y communications, communications MAR 2 5 1976 maintenance and repairs, uniform patrol, or the uniform bureau which really accounts for the greatest proportion or portion of the total Metropolitan Dade County budget for policing services in the unincorporated area attd it is $18,640,180. in the currect budget. The detective bureau, the police division and then a pro -rating of administrative costs to both the area wide services and the unincorporated municipal services area, then is documented a disparity of some 8 million dollars, that is carred in such a way that that become a burden upon the taxpayers of the City of Miami for services provided in the unincorporated area, when the City of Miami through the letter the City Manager sent to Mr. Goode on August 1,1975 we documented this in areas of responsibility, in the specific dollars so there will be no question ay to the c_ity`s statements, so these numbers could be challenged.We wrote the letter in such a way, that we were being extremely conservative in our approach, we stated in the letter that we were making every effort to give the benefit of doubt to Metropolitan Dade County, we were not in argument with regional facilities, not matter where they were located in Dade County. An example of that, we were not challenging the fact that they may program more money at Greynolds Park than they do at Key Biscayne for the major regional park there, Crandon Park or. IiOmestead Park. We were not challenging that. What we were challenging was the neighborhood type of service that is rendered to the unincorporated to the unincorporated area and wherein the City of Miami taxpayer was carrying the burden of those services while we were preparing or providing our own services. So the public safety department serves as a good example in this area and I could go on to the fire department which is another similar area, examining the two budget documents submitted by Metropolitan Dade County. We.discovered once again that there was a formula devised by Metropolitan Dade County based on a population figure which then prorated the costs of those services on a population basis, which has really no meaning as far as the City of Miami is concerned, and in reference to mutual aid as far as the fire services are concerned, in my judgement. ar.d the chief can address himself for the record once again, if you wish,although he has already stated this for the record, that the mutual aid is about 99% tc the county, and I may be generous when I say 1% to the City of Miami. I am not being derogatory in that area, that is just the facts of life. We have a superior fire department with 15 stations in the City of Miami, well equipped and the service is rendered as it is. Mr. Mayor I could go on with these examples. I am convinced of this disparity and I had hoped as a result of the lengthy letter we sent to the County, that they would, tracking the law, respond to us, in a detailed manner, describe precisely where we were wrong, if in fact we were wrong. What we received as a result of that response and Mr. Lloyd, assist me in this area, what we received in response was a letter steeped 90% in the legal technicalities in this matter. Mayor Ferre: Let me interrupt at this point for this purpose and addressing myself to the members of the Commission, what we are about to do today is really a major step in the life of this city and I think it is a major step not only in the life of the City but in the life of Metropolitan Dade County. There may not be any turning back after today. This was going to be brought up before the court and Mr. Lloyd and I talked and it is such an important step, I really wanted for all of us here in the commission to know full well what we were about to do and to understand and be fully conscious of the consequences of what we are about to do, and even though the commission has already passed authorization to proceed in this law suit I personally, the more I think of it, the more I have studied It, and talked to people about it, recognize that this may be the most important vote all us may cast in our tenure of our respective office, and I want to make sure of two things, one, that we are fully aware of what we are doing, and secondly, I want to make sure that we get as much information from the administration at this public hearing, so that when we are challenged we will be challenged every day to defend our actions, that we will be as conversant on it as we possibly can because believe me, after today it is not only going to be the press, and radio and television stations, but at every civic club you go to, or every Rotary meeting or cnurch group or what have you, you are going to be asked why is the city suing, Metropolitan Dade County and I think it is important that we take the time to be as conversant as we possibly can, and therefore Mr, Andrews I think it is important to hear from the top adminstration of the city and get their opinions. Chief Hickman: I would like to compare some of the services that we receive from the county and what the county receives from the city of Miami, Basically there is a Mutual aid pact throughout the county and we are part of i The only other benefit we receive from the county is their fire ordinance requires their fire chief to have a central reporting system. They furnish us the forms, a monthly print-out for this service. What we basically, in nutshell give to the county, belonging to the mutual aid, we coordinate and dispatch and control mutual aid for all cities and counties, out of our communication department. From 1970, until 1975 Dade county sent us one piece of apparatus on a mutual aid pact, we dispatch 14 times multiple dispatches, and briefly 7 would like to run through some buildings that do belong to the county that we get'numerous runs, Metro Justice building, 49 runs, this is for this year, Jackson Memorial Hospital, 101 runs, Dodge Island seaport 47 runs, Claude Pepper Tower 26 runs, and many more. Mayor Ferre: Excuse me for interrupting, they are very interesting facts, but it really doesn't speak to the heart of the issue. The heart of the issue as I understand it, is not how we cooperate and help Metro, which is wonderful and very commendable,but the fact that the taxpayers of the city of Mlami are paying taxes for a service which they do not receive. That is really the crux of the matter, we have our own top fire department that gives that service to the people, and the people are paying for, they are paying taxes to the City of Miami, then they pay taxes to Metro for fire services which are not received, and the question therefore to you, really, I think you must address yourself to before this commission is, for the taxes, whatever they may be, that the citizens of Miami pay to Metro for the receipt of fire services, do we receive any service and if so, what is that service snd how much does it amount to? Chief Hickman: Well, Mr. Mayor, that was in the early statement, we do receive forms for our county -wide reporting from the county and we do receive as I said before, one mutual aid. But when we switch to the other side here, ---- Mayor Ferre: we give more than we receive, ---- Chief Hickman: --we give many more times than we receive, plus this is not mutual aid runs when I am talking about the Metro Justice Building, Jackson Memorial Hospital, etc. We put many hours on fire and rescue runs in the county buildings. I can't put a figure on how much money we receive in aid from the county. I would say it would be minor. Mayor Ferre: It isn't aid, it is service. Mr. Andrews: Chief if we eliminated the fire department of Metropolitan Dade County, and had our own fire department, only to be dependent upon, would we be completely solvent as far as fire services are concerned in the City of Miami. Do we depend at any time on Metropolitan Dade County to assist us in controling fires in the City of Miami? Chief Hickman: No, the be if a 747 dropped inside Mr. Andrews: There has Am I correct in that? Chief Hickman:Correct. only time that I could believe the City of Miami. It would.be only been one such incident in Mr. Andrews would then a major disaster. 40 years or so. Mr. Andrews: What you are telling the commission then is that we do not rely on any services whatsoever from Metropolitan Dade County and if facts can be brought out to substantiate that the people of the City of Miami are paying a portion of their county taxes to support a fire system in the un-. incorporated area, that that is an unnecessary expense in your opinion as the Chief of Fire as far as the operation of fire facilities in the City of Miami. Mayor Ferre: Is that a correct statement? Chief Hickman: That is a correct statement, we receive no service from them. Mayor Ferre: Ladies and gentlemen we are honored to have a former mayor of the City of Miami, Chelsie Senerchia,----we are happy to have you here and I apologize for the delay on whatever item you are here on. We had this 8 o'clock meeting to talk about double taxation. I would like to take the opportunity for the members of the public that are here, including former Mayor Sener'chia, to try 4 MAR 2 51976 to focus, and I. think this is the most dramatic way of doing it with the fire department, the exact problem that we are faced with and t want you Chief to stop me whenever I say something that is not accurate or not quite right. Eighteen years ago, there was the establishment of a system which tae now call Metropolitan Dade county. That system was really the result, it was a compromise, it was the result of a group of people meeting, trying to figure out how to solve the problems of growth in the community, that then had 150,000 people, and the duplication of services. The initial reaction as you well remember was, to work around the City of Miami, but they trade a basic mistake, those gentlemen who made that basic decision then. The mistake was, that they didn't want to work through the City of Miami, what they should have done, is they should come and work something through the City of Miami and eventually end up with a consolidated form of government. In a way it is lucky that they didn't have enough strength to do that, because subsequently, I think those who are students of Metropolitan government have come to the conclusion that the best service rendered to people in large Metropolitan areas, and we are now a million and a half people, and you must really count Broward county, because a lot of people work here and live there, so we are really a community in excess of 2 million people, a metropolitan community, that the best way to give service to local communities, is by having a two-tier form of government and letting the people at local smaller level make decisions as to what kind of services they want. Now, this city has had the opportunity on several occasions, the last one was several weeks ago, to decide whether it wanted to continue as a community, as a city, and it has amazingly really, voted in favor of such things as housing bond issues, and other things to tax itself, which normally communities don't like to do, especially in these dfficult time. There was a specific case back in 1967 I think it was, where the people of Miami had to decide whether or not to consolidate their fire and police departments into Metro, and they turned it down two to one. I think the will of the people of this city is even stronger today than it was then, in favor of keeping our police department and fire department. Here is the point I wanted to bring up, what would actually happen if the City of Miami consolidated its fire department with Metropolitan Dade County? The City of Miami has 354,000 people, approximately, Metropolitan Dade County 1 million -five, of which 700,000 live outside the municipalities. We have a fire department that has 700 officers, Chief Hickman:---1.23 firemen for every thousand people, Mayor Ferre:---if you look at what Metropolitan Dade County has, as I recall looking, it is 4 or 5 times that, the number of people served. If you will look at the number of square miles that are served by the fire department in Metro vs. what is served by the city of Miami, what I am trying to say is there is no question that the conclusion of it is, that we are getting a heck of a fine service. How much is our budget this year, Chief? 13 million? Chief Hickman:---13 million, sir, ---- Mayor Ferre: How much is the Metro budget, ---- Chief Hickman:--9 million sir, Mayor Ferre: How many people do they have in their department? Chief Hickman: Approximately 400. Mayor Ferre: We have 700, they have 400, they serve 700,000 people, and they have taken over some of the smaller cities, -- Mr. Andrews: 17 of them, --- Mayor Ferre: So they may serve over 800,000, we are serving less than half and have almost twice as many men, a budget of 13 million vs. their 9 million, a lot less area to cover and a lot more men. I would like to put it another way. Fifty -cents, out of every dollar, the people of Miami spend for their fire department, goes for prevention. We sometimes unfairly get on the police department because the police department is the most visable, the first contact between the City and the citizens. But you know if we were to give the police department, if we were to budget for them; out of every dollar they spend, 50 cents on prevention of crime, we have a very different situation in this community. right now. So i.s isn't always 5 MAR 2.5 1976 fair to jump on the police dere- e:ee what have you. in the first and the second place they eon' eeve does have where they spend 50c tl vver, the result of alt of that in, if you record the City of Mimi has, it FI is no other city can claim te have. as a result of that we are CDC 171f classified as a c1as 1 city ee teeeei Chief Hickman: Class T fi. as you can get. Mayor Ferre: There is no highest classified city, we:h aec eaj, reason is because of our recoee, Lt, bility of the chief and all c-5 support and is due to the commiesaee out of every dollar gees to eatteeeeee, Now, the question in all ea tee: is presently paylag for a first eeee which is not that long ago, years somethIng bLs happened original inaeet, mei that 23 percent of tha totality of fire department, which somebody aeee a rate department. I didn't meae t rate, there is no question and capable and herd-workine, budget constraints they have, they do not haw,t s.s.me gw71::y of Miami ate payillg •ic:,r the sc-.7-it.c • the citizens of Miami do eot eeeea without representation_ ft g: ----you the citizen of Mimi, e'rc. eaea fire service which costs yee e get service from the Metrope[e service and the insurance ;atee eea receive any services for thet. Noe we have heard about the dupii te community ever talk about duty been a concerted effort, whiee 7Ia ea of this community, or those wee vent because there is a difference, te tee use, the smoke they use to try aa is a duplication of service. we have always had a better ri Standard and Poor, than they were finally rated A But if you will loot at the inteaaea Dade county has paid and the 'Llc will gurantee you that thee eie Miami, so what I am trying te eaa case and the people have reere teee retain the quality servirea different really from Coral eeelea, thing. We want to maintain our it. Now, if tnat is the , they be imposed upon ea he that they receelee ne heee. ee Metropolitan form of govk,:::,,• the State and says we ore that Metro want to aboliht has a useful service and are different 13, Metro fair share of let le say roae eeeear year after year. We arc not earee. and does exactly the eamatry so, to Tallahassee elle ompleae 17,-c fair share of money fro:-4, can see in. the progress of eeee 19 crime gone up 3% or 7:otaily responsible for that ef budget the fire department ie peeveation of a fite. Now ete service, and look at the eaee in ne United States. There ehae this city has, and ":-:ted States that is pa ;It eety which is as high SLaes, so we are the ;:eC department and the e41C to the ability and cape - duo to the administration we l'und a budget where 50Q yit: the City of Miami the. people in 1967, Nov, in the last 18 eeepetration of the whIch comprise 22 to for a Metropolitan 1.7'al I said it was a second ae 7‘CE, eepertment were second 1-1:LS .,o.o7le are qualified •ef• : T=veeese "nee 'necause of the c',Iffarent problems, Nov, yet the people e' ';1_-oliten Dade county, that eeae: aeo old story of taxation :ea ze:ery cel= euelication of taxes a first class ancl Lre also paying to .eaie: which is not a first class • a vu yet you do not ttr, a.T.ses, since for 18 years v:17 <:4,oells't anybody in this is, that there has so-called power structure eeeze structure of this community, ae,ee e'r.e eieies and the argument they the observers, is there o feet for example, that t.-nc; from efoody's and from v. up eatil this year. I see Eteeeard and Poor and Moody. Last 5 years, that Metropolitan Cy of Miami has paid, I .e. a dtofnt Lower in the City of •eety has a very strong Crese:ves that they want to :ezalt,ving. In a way we are no Cal7)1es have said the same ,aeeae we get special services out eate DE Miami, then why should aerry the burden of something h-it we are against that when Metro goes up to hr. that means in any way, The fact: is, the State of Florida • M...i.-LI:opolitan Dade County, but where says we are not getting our e. habitual beef of this communal Lno t'hn Metropolitan turns around nat. they go up,- and rightfully e.,n Dade county does not get its ee elaey cTh the same thing to us, and you T,7re out of the 600 million dollars MAR 2 5 1976 we are ;betting very little of that money. And yet we ate expected to pay the taxes. We are expected to pay the burden. You know we turned over the Miami. Library, we have turned over the seaport, airport, Jackson Memorial Hospital, rightfully so. We have turned over the water and sewer department, and yet we get chastised all the time for existing. it just happens to be the will of the people of this community want the City of Miami to exist. They want a two-tier form of government. I want to publicly say one thing about that housing bond issue, you know as important as it was to have 4 to 5 thousand living units built in the next 5 years here, and theat was the primary thing the people voted on. That was not the major victory of that election. You know what the major victory was? The major victory was the proof once again, that the City of Miami can do certain things that Metropolitan Dade County cannot do. And the fact is, that just two and half years ago, the people of Metropolitan Dade County voted down a 10 million dollar housing issue because they conclude in their wisdom that it was more important to house monkeys and giraffes, and they voted for 10 million dollars for a zoo and turned down people who needed housing, in the lower and middle income brackets in this community. And an important victory in that housing bond issue was not just 5 thousand families will get better housing, it was once more the proof that there is a valid a good, sound economic and social reasons for the City of Miami to continue to exist and prosper. l CONTINUED NEXT PAGE MAR 2 51976 And if that be the case end wn the Spanish Armada; that we nay :le Yleet against :17c th c.;-1ntity and the size that the Spaniards had in that battle of the flexibility and the nim- bleness and the quality of the city th&t we're able to accomplish things that they're not able to do. 71/1 tliet we3 ehe real leFson of that Bond Issue Election the other day. Now what we cio this s4tuetion and how do We get this point acroSe? Is it uefel.r? ew? Well, in the first place let Me point out to his eVer-lasting credit, ;::ink this is something that must be said publicly and I have to say it, .eieee :Taee. Orr and Ray Goode recognizes because it was indeed Jack Orr who was. :ee cne in Metropolitan Dade County history to publicly say the cities :eave eeet eel jut. 7.)eef - they're right. And Ray Goode came back and three yeeee e:‘, very first time after fourteen years of existence, Metropolitan De& eeee-ee eee the ve':-y first time in that long history openly publicly and in t'eeir eene izodthat they did indeed have an obligation to the people, the tilat live in the cities of this district, the first time it the firefighters of Metropol- eeen to the commission and bitterly e :aok of salary increases T-ee was a special series of eee-lasting credit, and Ray Goode that commission, "If you Iiviu give these moneys to the Fola,26.:: so that those that are a..;ld that Wa.3 turned down by this 7e.e.3 hy Beverly Phillips and commis - ::,A; :L,ave not subscribed to ee :7•ecold eontinue to exist because cieies should be abolished and there etropolitan Dade County. Now • -niee an0 eentlemen, was the culmin- -sced because at that point 7.,at this commission in peopla who elected them ..eligently quietly and Law. We have gone with our le hr�31eaded, we have held hr7 cone before the commission. the very simple reason that eeeece: eerseactives. I did not iesee and we have done this . haa cone on record - we eeeteeeee a lawsuit. When this news was known before the public T gee e ell. of yoe received a copy of it from Commissioner Beverly Phillis sically she said. She said, shame on you for causing the taxpayers the city and Metro a lot of ex- penses in going out and doing batle What eon really ought to do is follow the example of other cites ws:. your 'ire Department to Metro- politan Dade County. Now eisete ee.A people of Miami have already voted against that. So I think the fee ane. the issues were met and we county. And they set up what bel!a!T;e ever happened. When the isoue t:'-co ee. itarl Dade County after a very seeicies complained about not sufficient equeee. and that became front page nowo hearings and at those hearings )ay is an honest straight forward caeae:c ,ee increase(and I think it was $3,ro Fire Department it should be L!: the recipients of that service will pee • Metropoiitar Dade County Comeieein eee sioner Redford and the other whe the theory that the City of :A.ie7.71 they are a part of the eeeep who should be one mammoth bureaeezitie e - they went against Rey Goode'e eevice. ating point. That wes the dee .ee,H- it was an added insult ec ieeee eee my opinion woule have been eirer.ere_ if we did not seanel up and proeee, without fanfare the procedere eeeseinnn hats in our hands to the reae ee6eee- cee joint work fiessios. Our Nanaeer, eee have gone onoe, I have avidee ee]ee I did not want to fan the erots want this t'e;ore a polit-nal as quietly as p)ssible. We eeve have been turned down. Now ee .eeee stand before the public toeay ie that hopefully the end result cf Lilt Housing Bond issue wasn't just te The end result of this besides eeetjee jLe result in my opinion is going tc • go back 18 years and see really wkeJe eLee what the relationehip. I hope that eee this process and that we end up with government in the very same waye government. It is thn orfly juFt :'eecee ment that I know of in the Western eeee. has gotten off the track. T wool2 he7e. as we proceed in this lawoui a!±: right is on our side and we neve e to one of us or twe or th,../ mendations as to really how eeee be able to (30 to TorohLo anJ eeeee works and perhaps come back ee:- very deeply believes that oeo eee:ee If one does not have e posi that this is jest the firee seee to correct the wroee that'e this idea has co7ee, Lee eLeo eee action. We've done it very • :H-i-.on of where we're at and I think '4nat it seams just like that eeee L!.eing units in this community. feT the people cf Miami, the end c.one to 'eve to re-examine and eeeernmeet thie community wants and of this will come a re -thinking of eeeese to gocdness two tier form of enee meeonec has a two tier form of ..fe'.oce4ve .tAo tiered form of govern- . C'urs was E. good oegining but it :es .of the commission, that .ec'ee going to win it because we ta:;:e the opportunity perhaps eeck with some specific recom- eels injesuice. Perhaps we might at ncw that government system receumendations. I am one who he:.x,self to be a critic, e.eeejvc ee reeommend. I think eeee we'ee ejeing to be taking to try e I ehiek the time for think it is a deliberate eeefe:le eeeeeght it o'..:1t and 1 certainly 1 MAR 2 5 1976 4Ir hope that as we proceed rom here that we're doing it with our eyes wide open and fully cognizant not only of the implications directly to the city and to the citi- zeha of Miami but cognizant of the implications that this has to the total commun- ity of Dade County and I think that's what we have in our hands right now. Mr. Plufl er. Mr. Mayor, may I make a few comments? Let me say because one thing I think you didn't bring out nerds to be brought out; that this is only possible t believe John, in the last two years. Am I correct? Mr. Lloyd: Yes, sir. Mr. Plummer: In which not this City Commission or any other City Commission but the State Legislature realizing that there was a problem cast ordinances and proper procedures in which this method that we are now pursuing could be a reality. So the legislature in their wisdom saw the need to eliminate the double taxation, passed the appropriate legislation to give the cities a vehicle for relief. One of the things, Mr. Mayor, that was of upper most concern in the meeting which you just sent me to in Tampa of the Florida League of Cities that this vehicle which' today is permissive if the cities wish to apply for this relief they can, that in this upcoming legislature it be mandatory, not permissive but mandatory. One of the things I think that we can hang our hat on, if you can use the terminology, is in this morning's paper and I think it is brought home very clearly of just what you were stating that sometimes an organization can become too large and we look at this morning the fact that the auto inspection stations, Metropolitan Dade County can't handle the entire gammut of auto inspection and they have now through this morning's article gone and working with the cities to provide a needed service to the public. Mr. Manager, what I have a question for you because we know that Mr. Goode when he recommended this additional moneys for the fire was overridden by his commission to tax the municipalities, in your letters of transmittal and re- quest of him, was this answer solely from him or from his commission? Did he bring all this to their attention? Did they act on it or is this a unilateral action on his part? Mr. Lloyd: Perhaps I might better answer that question than Mr. Andrews with your permission, Mr. Mayor and Mr. Plummer, if you accept that, sir. I would say that the letter is from the County Manager to the City Manager; he has signed it. Now what prompted the action by him, I do not know but as Mr. Andrews has suggested, it is 90% filled with legal opinions in there as to the situation. I don't think we can answer whether it's a unilateral action on the part of the County Manager, it seems to be because it's from him to the City Manager. Mayor Ferre: Let me ;shed some light on that. I took it upon myself to call Ray Goode and he told me what his postiion was which I have expressed here and he urged me and the City to do as much as possible on the record to convince the Metropolitan Board of the wisdom of doing this. Now whether that discussion was a private dis- cussion between he and each one of. the 8 commissioners and the Mayor or whether it was on the public record, I don't know but my understanding of it from Ray Goode himself that he was turned down by all 9 of them, some with misgivings and concerns but nevertheless, it was there and therefore, I can only conclude from that that that was the will of the commission, not the will of the Manager. Mr. Plummer: Well, Mr. Mayor, the point that I'm trying to bring out, even though sometimes we wonder, the County Commission is still the boss of Mr. Ray Goode and it is they that I feel that we should have the answer from on the record in public meeting that they are in opposition or not in opposition. What I'm saying is that I want to give them every opportunity to respond whether it be negatively or'posi- tively and I want to establish that they have gone on record; that it is not the action of the Manager but the action of his bosses, the commission. Mayor Ferre: Mr. Plummer, I'd like to respond in this sense that it is my opinion that this City should proceed with this legal action, at any time that Mrs. Beverly Phillips or any other of the Commissioners want to stop the action, it can be done very simply by them calling a meeting or either reversing their position or calling for a joint meeting which I, as Mayor, will tell you right now that I will call a special meeting anytime that any member of the Metropolitan Dade County Commission or the Mayor asks me to for the purpose of further discussion but in my opinion, we cannot put this matter off any longer; it's time now to stand up. Mr. Plummer: Mr. Mayor, it was not my intent. My intent was that I didn't want anyone to be able to turn around and say, well, we've never officially discussed this at a meeting and for that reason, then the lawsuit is withdraw, it is deferred, it is delayed. *I'm just asking to establish for the record, has this platter been publicly, openly and or. the record presented to the County Coppnission whose author- ity it is to crake such a decision. MAR 251976 If 111 Mr. Lloyd: I can answer that bot`i' ioaaI I Y and factually. First, the Florida Statutes, Mr. Commissioner, to which you referred which became effective January 1. 1975, specifically states that when a municipality creates a resolution identie fying areas and presents that resolution to a Board of County Commissioners, the County Commission shall within 90 days respond to that. Now some time after this revolution was transmitted to the County Commission by our Clerk, there was a ^,pef.:1 �i meeting between this Commi.aaion and e members of the County COMMission In that especial little chamber adjacent to the regular Commission Chamber fot Spec- lal Meetiijs of this sort; the press was there. I believe, Father Gibson, I rem- ember you being there, I think Commissioner.... Rev. Gibson: You were there and you cur;nt t.; tell them the other thing. I have consistently complained that the Metro Cc 'ni ,:,.ion treats us as if we were step- children. They were not there themselves. Tell t;,e whole thing and J. L., I want to help answer you. I'm angry this moenire_ because we tried to avoid what Beverly said. I got a copy of that letter and 3e-.e i.NJ are those are not playing fair With us and what angers me every tine is when _roach them about these matters they act as if they don't have to deal. Now L eveybody to know this morning I am prepared to vote to go to court. It wee ee ..i-ieat that I asked you all to send me to the Florida League. I left P1umeer ree, I heard all the discussion and all these cities are saying the same darn .',i::: and there is a case from a man not too far from where the former Senator i.ve ; deceased Senator(what's his name?). You know the lacyer .who seemed to be the alai rii y in the League of Municipal Law in this kind of matter. Mr. Plummer: Burt Michaels? Rev. Gibson: Whatever his name is. 7:;vE=rybody is saying the same thing and I don't think we have to go around here and about this thing. Now either those fellas on the county want to pay their far sbare or they don't want to pay it. Mr. Plummer: I want an answer. I'm not 11,-,s•, ; cc':ing around and I'm not trying to this officially been action defer this item. I still am askino for answer. Has taken by the County Commission? Yes or no. Mr. Andrews: Mr. Mayor and members of i.%,:'. ...:ir.`r ssicr , to further assist Commis- sioner Plummer, if the County Commission •coo no action, by taking no action they have already expressed themselves. You .r e.ce;nber that you delegated me and the City Attorney to appear at the Cour:ty Comm .ssior, on the eve of the 90 day period. Mr. Lloyd: That was at the Budget Hearin . Mr. Andrews: It was at the Budget Hearing. Mr. Plummer: Are you telling me that they have officially taken action by no act- ion? Mr. Lloyd: Yes, sir... Mr. Plummer: That's all I need. I'm trying to determine that answer. Rev. Gibson: I just want to make sure. Let me :rake sure to substantiate it because I think we got to either do it in the bucket today or get off it, one or the other. Let me make sure. Mr. Andrews cannot commit this city without our agreement and nor can Ray Goode commit the County and I don't plan to go the route of indirectly. Ray Goode is no fool and you don't pay big salaries to foolish men; you and I know that. I hope Mr. Andrews will never play me cheap because if I have to sign the document and I'm going into court I'm goin^ to make dog -gone sure that I know what I'm going into court for and that's where Ray Goode is; that's where everyone of those commissioners is up there and what: irritates me is everytime we have a meet- ing two or three of them will come. They l,eveer think our business is sufficiently important that they all show up and brother, this is D-day for me. I am prepared to offer the motion. E. Fannato: Mr. Mayor? Mayor Ferre: In a moment, Ernie, 1 wi i t c,yr.ize you now but I think it's time for the other members of the rcutmissior: ;:. y have questions or have any com- ments..., Mrs. Gordon; I don't have any at this ,;..>re:.r. I'd like to hear Mr. Fannoto, Maurice, and then I'll make a comment. Mayor Ferre: Well, do you have ally co.Tsn•.ec;:-:., or ouestiOnS? 6 MAR 2 51976 • Mr. Reboso: Didn't you say any department heads were going to talk this horning? Mayor Ferre: We have the police Chief here and Mr. Howard so would you like to do that? Mr. Andrews? Mr, Andrews: It's up to the commission. I can almost indicate to you what they will tell you and it substantiates basically the letter that Was sent to Metropol' itan Dade County which was very generous in its approach in snaking sure that We didn't go too far in our accusations which have never been responded to. if you wish to have them come up and verify for the record their eXpression in "relation to that it's up to the commission if they wish to do so. Mr: Plummer: Well, Mr. Mayor, let me say this; that I have had quite a few Conver- sations with the attorney because it was my hope from the beginning that we would go and establish the precedent on fire alone because in my estimation, the fire situation is so clear cut that there is no question in my mind but Mr. Mayor, there is no question in my mind but Mr. Mayor, there is question when it relates to the Police Department and other departments because, in fact, it is not that clear cut so I would like to hear from the Chief and Mr. Howard since the Attorney tells me that we have to include these other areas in this lawsuit that we cannot go on just the fire issue alone. Mayor Ferre: Let's do that but let's make sure that we understand all of us why this is so. The law evidently is very strict and very straight in the explanation that if you put in a lawsuit and you only claim part of it, you do not have the right subsequently to come in with another lawsuit to get the rest of it. In other words, you've got to put it all together and therefore, unless we do it at this time we will not have that opportunity in the future because the law seems to be very straight on that. So that's why, and I completely agree that the strategy of this was that we would take one simple case, which is the Fire Department and try to win the day with that one and then make our point but evidently that is not permissible. Rev. Gibson: Let me ask this: You mean to tell me, are you telling me that if I'm wrong in one instance and I find out later on I'm wrong that I don't have the right to right that wrong? Mr. Lloyd: No, that isn't what I said, Father Gibson. Rev. Gibson: Okay, let me understand then. Mr. Lloyd: You see, what we have done is, by your resolution of May 8, you identi- fied 5 services. Now what I'm saying is that inasmuch as you have identified 5 services in which you believe a wrong has been done you must include those 5 ser- vices in this particular lawsuit or in the future because you knew the wrong was, you are precluded from bringing them up later. Now, if there are additional areas, I have provided in or will provide in as supplemental relief. We are going if we find there are additional areas we were just simply to go on the Fire come back next year and say, well now the other 4 areas we now want to file areas... our complaint. We'll ask for what is known to ask for an accounting and then, of course, why then we will add those. But you see, if Department and then establish that and then having before the first lawsuit identified another lawsuit establish these additional Rev. Gibson: Mr. Lloyd, what I think, I don't know about anybody else but Theodore and the unfortunate thing is I've been to law school for one day. I thought we were establishing a policy, a philosophy, a right. I learned in law school that once that right was established if I had a right I could move from this step to that step to the other step if the right is mine. Mr. Lloyd: Exactly. Rev. Gibson: Well, what's wrong them? Mr. Lloyd: Well, that's what we are doing. Rev. Gibson: Evidently that's not what I'm hearing you say. Mr. Lloyd: No, you're not. You're hearing exactly the opposite, Rev, Gibson: All right, let me hear. you. 1 � MAR 2 51976 41 Mt. Lloyd: I explained in cetm. First you establish of those rights by factual one lawsuit to establish a drove something. 4/1 the bt:gliinil j 1::. f_ni_s that this lawsuit was in two fas- the right and r.i7n in the lawsuit you prove the extent proof but you do it in this lawsuit. You don't file right an -i then stop there and file another lawsuit to • Rev. Gibson: So I could really >nderstand it, we want to establish the right that the county is practicing double taxation. Mr. Lloyd: That's right. Rev. Gibson: Whether we do it on police, w:;::th'r we do it on Fire, whether we do it on recreation as a layman... Mr. Lloyd: No. May I interrupt you, F,Ithec You establish the right generally. Rev. Gibson: Generally would be that ,' Q;1.:,Ish the right. Mr. Lloyd: Right. Rev. Gibson: And any time subsequently t could cote back and say that... Mr. Lloyd: Father, just a minute. Tha is John Lloyd telling you this is what the law is. I didn't make it this is wheat it:. You can't come back in subsequent lawsuits where you have identified t,e,:;C! Mrs. Gordon: Mr. Lloyd. I thin it would .assist:: Father Gibson to clarify the point that he is trying to make and possi:- y t iu r>_!st of us with regards to the five points. If in fact, you win on one of those points :na not on the other three or if you win on two and not on five, that is not gor;::; ;_o ardize our case? Mr. Lloyd: No. Mrs. Gordon: And that is a point_ flea:_ ...;t . concern is. Rev. Gibson: Exactly. Mr. Lloyd: Oh no, not at all. Mrs. Gordon: Ok, fine, then we have n:o q,.Jar.rel with you on what the procedures are. Mayor Ferre: Yes, but I think something very important has come out of all of this and I want to express it now. You sec, it is one thing when you are dealing in the private practice and there's damages and you have five things that you're going to sue on for certain damages. But the purposes that you're suing to get double or triple damages or whatever it is to get relief from court, we're not out to get any money from Metro, we're out to prove a point. We're out to prove that the theory, the practice that they have done for 15 years and modified three years ago but not 100% is wrong. If we prove it with one ergs, it's valid in the others. Why compli- cate our life? Why complicate the procedings of the lawsuit of bringing in areas that are difficult, complicated perhaps even where there might be counter arguments of some validity? We have a very simple clear cut open -shut case with the Fire Department. It is the clearest simplest case. It establishes the principle. You know I'm not a lawyer, John, but I've seen so many times in lawsuits and between lawyers and courts that you've got 10 azgulnents and you're right on seven of them and you're wrong on three that your opposition is going to take the three that you might be wrong on and try to prove that you're wrong and then say, you see everything else that you're saying is just a lot of hooey and a for of malarkey and then it gets all clouded and it becomes very legally technically complicated, with all due respects to our friends in the press they don't always understand it right or maybe they under- stand it right and write it right b.ut the guy who writes the headlines which is another individual doesn't understand and he puts a headline that completely misleads what the real - you know these people have to si pl fy things. Your arguments of three weeks have to be condensed in 5 words on :�oadin:. Let me put it to you this way and I just want to remind you, in on.- of oc.:r local newspaners when we won the Housing Bond Issue, on the very same page or. the ic' t_ -,ar;.' corner the headline says, "Ford Blitzes into Victory." and he won as you know i:; F1ct.i a by 53€. And down in the other story there was a story that said, ;_y of Mia:ni..;,using Bond Issue Squeaks By" and we won with 53%. Now i ask you what ti.o ..:i.1 foro ice between "Blitzing to Victory" at 53% and "Squeaking In" by 53*. You sec, a :;utter of interpretation. Obviously the press is supposed to be objective sr.. c_nbi.xsed and they are for the most part but there is no such thing as atr 11:: t t-i nt3. and obviously it all depends on where you are standing as to low you; ! ook something. Now, my point back to you MAR 2 5 1976 s is if we've got the opportunity to simplify, you see I always remember the story (what's that story about Simple Simon? That you've got to keep your eye on the doughnut and not on the hole. ...). Now the paint is this; that the doughnut is the point that there is double taxation. If we can prove it why don't we take the clearest easiest most definable case and just limit it to that? We're not out for any money, we're not going to sue the county for tnohey or damages or any, - thing like that. Let's go and prove our point and then after we've proven oir point I think we can go back to the Metro Corrnission and say, "Now look, you didn't want to give us relief - give us relief." Mr. Andrews: Mr. Mayor and members of the commission, I understand what you're saying, Mr. Mayor, Prom my layman's point of view involving the law I would say that we should not do that for this reason; that one of the areas that we will be getting into as a result of this court case is the uncovery of additional in- formation and I'm concerned in another area which I would even give you an example that maybe has greater weight than the Fire and that is that the county has already taken action to provide for 197 policemen to be added to the budget and set up the first taxing district for services by levying a .4 mill to provide for those 197 officers in the unincorporated area and only the unincorporated area receives that tax. Now I ask you then, what about the other 800 or so officers who are serving in the unincorporated area which are charged against the general budget? Who de- signed the formula or who decided that only .4 of a mill should take care of 197? So we will get this kind of information through the total court process. Mayor Fer:-e: You see, the type of arguments that they're going to give you, Paul, is this: "Alright, ladies and gentlemen, here is the deficit(Ernie, I will not recognize you at this time until the commission is finished with their discussion and then at that point I will recognize you.) now Metropolitan Dade County is going to say here is now much the welfare recipients of the community and 70% of the wel- fare recipients live in the City of Miami. Now you take Jackson Memorial Hospital. They're going to say if that's the case we're going to have to set a special taxing district and we're going to charge the people of Miami to support Jackson Memorial Hospital." Mr. Andrews: Unfortunately though that does not track the constitutional provision and the laws that have been adopted. Mayor Ferre: I wanted you to say that. Mr. Andrews: Adopted, because we recognize that there are regional services pro- vided in which someone could complain that there's disparity in those services. We've made no claim, we recognize this and we recognize the problem of writing reg- ional services. We're not talking about regional services - we'r municipal neighborhood services. 4 Mayor Ferre: And that's why under the same constitutional tracki government for example has to spend a lot more money, for example, than it does in Tallahassee. And by the same token it just happe poor of Dade County live in the City of Miami and therefore, Metr is obligated to spend more sums in Miami than they are in other a want to make sure that we understand what the arguments that are against us are and why they are invalid at this point. Mr. Plummer: I think it should be said who gave the hospital to gave the port to the county, who gave the airport to the county, Department to the county, who gave the hydrant service to the co Library System to the county... Let's just go right on down the Mayor Ferre: Well I will then give you my opinion at this point. 'ought to proceed with the lawsuit. (2) I think we ought to be guided by the con- clusions and the advice of both Mr. Lloyd and Mr. Andrews even th reservations about it but if you feel strongly about it then I wo your opinion on it. That's just my personal opinion. Mr. Reboso: Mr. Mayor, why don't we go ahead and listen to the Chief Mr. Howard for a few minutes? Chief of Police, Garland Watkins: The observation made that you police services as fine as you can fire service I think is a vali feel that I can define the services or the functions that the county the Police Department and perhaps explain to some degree the overl apping Mayor Ferre: Al]. right, Chief ? e talking about ng that the federal in New York City ns to be that the opolitan Dade County reas but 1 just already being used the county, who who gave the Water unty, who gave the line. (1) T think we ough I have certain uld go along with of Police and can't separate d observation. 1 provides for functions MAR 2 5 1976 other Municipalities that the crime woe'. :: i r '; in Dade County, the first one that comes They provide all the services With the ex- r; our own (identification technicians do that. idenae the:-; is turned into the laboratory for that we work in coordination with a-_,!_. L. „, ._: countyfr but Coral Gabt.e;, or any z,r ad across borders. The main funct- ion that the county provides to all ci to mind would be the crime laboratory. cer)tit;5n of the crime scene search whi.c. They ptocess the scene and then the es analysis, Hate keeping, etc. Mr. Plummer: Chief, right there I think that yea need to make a point that I'm aware of that maybe the rest of the commission n' . The reason that that is done, and as I know it the reason that we still retc`i,.i: C;'. ) ;: crime search at the scene is that the City of Miami when we request .;n J. r: Ls usually within a matter of an hour or two when our I.D. processes a sce;-rC, ;-,po:ea in c:'.^ county to 8 and 24 hour delay between the time that a county aait called for a scene search as opposed to the city. Do you understand what :'- saying? In other words our I.D. bureau comes within a matter of an hour cr t-;:a :a'r:.r'cc many days in the county request- ing the same service it's the following day c::,r_rect, Chief? Chief Watkins: Yes, I don't believe they aav:> `.'; capability even if... Mr. Plummer: That's the point I'm trying Chief Watkins: ...to process the scenes ..hEac we have. Mr. plummer: Right, I'm trying to make :'.cc point .7e have a reason for retaining our own I.D. bureau. Chief Watkins: Exactly. The other arca 5ecause the expertise that the county has in the area of bomb disposal, they do help trL: people and they do respond when we have need to either identify or to eslec:ia_ly to dispose of a suspected package or in some cases actual bombs themselves. Wa have our own investigators who do the investigation but the actual disposal is pr-ov d e. by the county - the equipment and the technicians do that. The other area. that's aacvided exclusive is the Harbor Patrol or Marine Patrol. The county does , ~ 1ti.' :'.s. -that service not only to the City of Miami but to some of the other cities Lhdt haae waterfronts. Another area that is sometimes utilized is the choppers hut this, I think, would fall more in line of a service that would be provided to a ci_t., ?T_ic7 the cities in turn provide an- other service to the county. Our Canine Cffivers, for exersple, would respond to the county for a need of canine or you had an emergency that our people would respond to the county. So I don't think that one would be a major function that would be provided by the county. There is some retention of records that perhaps could be classified as a service to the city but I thtn'a basically this is the major funct- ions. The rest of it if we have an inve.,zi<;.aiaa flat starts in the city that goes into the county usually it is working in conjunction with the county. The county has the authority, the legal right to investigate and to take action in the city without the cooperation of the city but normally the county appraises us of what the investigation is and we cooperate with it. This also is done is done with any other cities that we work with - Coral Gables, any other municipality. So this is basic- ally I think a description. Patrol, services ara not provided by the county. Invest- igative service is not provided by the county to the city. Communications is not provided by the county to the City of Miami. Mr. Plummer: Chief, you heard Chief Hi:_krn;i, wet would be your appraisal of requests for assistance, the county asking you, the Police Department to assist them as opposed to them asking us to assist them and conversely? .Mould you say it is an even ratio in the Police Department? Is it 3 to 1? Is it 4 to 1? For example, I know person- ally that many many times where the county has for Key Biscayne the entire community of Key Biscayne two cars at best, We arc- Constantly asked for assisting the county on Key Biscayne. What would you say would be a fair ratio of the county asking us for assistance as opposed to us asking them? Chief Watkins: I don't have the exact breakdown as to the service but to be fair I will would put it in this way - 1 feel tnat :•.a project at least as much if not more assistance to the county than they ea) 7.a aa have an emergency that needs to be .,andl they would have to send one from •;re of ahead and respond if ernerget;cie_, :::re :aor.:+_:z.:. say that at least if not mere. t.r.y othe:- Mrs. Gordon: Is there any further cu:.:`.:;l.inr: - example on Dodge Island when we c; provide a response because often _lots to Dodge Island but we'll go .•;:' e critical. So to be fair I'd i,,.-::; that 1 might respond to? the Chief? Mr. Plummer: Let me ask •a point blank c ?:a_ t rj:. :=_nr_'. ? want to. So back and ask the same of the Fire Chief, In your esti. atio ., knowing both budgets, both departments, is there in inequity in your opinion at .h:La tfc,e to the taxpayers of the City of Miami? Irk MAR 2 51976 1 Chief Watkins: Yes, living ih the city and paying taxes yea, Z think there is: Mr, Plummer: Ok, thank you. Now I'd like to go back, Madame Vice -Mayor, and get the same question of Chief Hickman. Chief, in your estihation„ , bid you hear the question? Chief b. A. Hickman: Yes, Commissioner, as a taxpayer in the City of Miami too I agree with Chief Watkins. There is a large inequity. It's a minor but highly significant point I want to point out to you that for 23 years we boti\rated, trained and molded the Fire Chief of Metropolitan Dade County, Mr. Plummer: You keep reminding him of that. Rev, Gibson: Madame Vice -Mayor, it would appear to me that if we can agree to the principle that we are being double taxed that the specifics, the specific cases if the Manager and Mr. Lloyd come up with cases that are more dramatic or equally as dramatic it seems to me as you go to court you put that as a part of it, But why can't we adopt, establish, vote this morning that we're going to court? And then the Mayor and maybe one or two of the commissioners to deal specifically with the sphere that we're going to attack. Mayor Ferre: Father, I think, you know and I argued the other side of it, but I'm beginning to see something here and I just want to share this with you. Let me be the devil's advocate because I really haven't finalized making up my mind either on this. There are two reasons for that. First of all, if we only attack one item which is the Fire Department that leaves us open to the criticism before court where the opposition here would say, "Well you see here is what they're doing. They're taking the one area where they have some semblance of being right," not completely, we're going to argue that one and I think we can prove that they're wrong, "but they're got a little bit of right but if you notice, Judge, what they've done is they've completely ignored all the other areas. They're scared to get into the general thing because they know they're going to be wrong and they're going to be proven wrong." So that may be part of it. That's #1. Number 2 is the legal problem. The legal problem is that if we win this one I'm not, I don't know enough about the law what could happen here but especially if we were to lose we would be precluded legally from ever going back to court and saying, "We want to talk a little bit about the fact that we're not getting any service for this and that and the other thing which are blatant abuses that are going on". And if we're right let's have the courage of our conviction. Let's go ahead and say, "Look, let the wisdom of the court rule on the whole thing and let's be forthright about it and just stand up and face the whole issue from both the moral point of•view and from a legal point of view". I don't know, have I expressed that? Rev. Gibson: But Mr. Mayor, you and I don't differ. You and I don't differ! I don't think I know all the areas - that's what Mr. Lloyd and Mr. Andrews are for; that's what we pay them for and I'm not opposing to that. Let me say, I say that if we establish the philosophy right now, the principle we're going into court we then hold the staff responsible for bringing up the specific areas. That will be your problem and then we move on. But if we go on trying to dig out this case and that case then we would come in effective. Mayor Ferre: Eyrnie Fannato. Mr. Eyrnie Fannato: Honorable Mayor, members of the commission, Eyrnie Fannato is my name, President of the Taxpayer's League, Miami and DAde County. I have argued some of these questions before the City of Miami Beach Mayor and City Council. First I want to say I want to commend you as Mayor and City Commission for taking action. You are on firm grounds and I don't think, I'm fairly sure that any court of juris- diction will ever uphold it. I'll start with the Fire Department. #1 How can they tax the people in Dade County for a tax for the Fire Department when they don't have the tools to implement the service? Let's see why. The entire Metro Fire De- partment isn't any more than what the City of Miami MAR Z 51976 Mayor Ferre: Ernie, don't argue our case. Mr. Fannatto: No, no, I think the attorney should know these things and the people should know. Let's see exactly what the effect is on the taxpayers in the City of Miami.. If we didn't have an up-to-date fire department here inthe City of Miami, and we zur.necl._c o..er to Metro, which they are trying to gobble up our fire department and police, what would happen if we turned over our fire department to Metro we wouldn't have the service and the tools to give the homeowner in the City of Minrri fire eeetection. So you know what that means? That means you would have more fires an.i you couldn't combat them, that is higher insurance policies for homeowners in the City of Miami and similar you have with traffic. So if any court of jurisdiction nears these reasonings, they are going to say you don't have the tools, how can you do it. Let's talk about our police department. I think when our police building is furnished I think we are going to have a very much improved police department. Let's give them a chance. And let's think a little bit, do you think the taxpayers in the City of Miami wanted to spend all that money on the police department if we were going to turn it over to Metro, and that is what is in their minds, taking over the fire and police department, they don't have the know -haw, they don't have the tools for the fire and in my estimation I think eventually cur police department, the new facilities is going to be an outstanding police deparment and I look forward to that. I just want to conclude by saying I want to repeat, you are on firm grounds to fight the battle for the taxpayers and you are really fighting it for them because when they have higher insurance policies in their homes, which they will have if Metro gobbles up our, ---you have going to the Mayor and Commission, and you are going to prevent that by fighting this case, I know you have an able attorney,you are on firm grounds, you are doing the right thing, I commend you for it. Mr. Plummer: I think we should have Mr. Howard also on record. He is the other department here. I want on the record Mr. Howard the same questions I asked of the other heads, that you address yourself to. Mr. Howard, Director of Parks: Under the decade of progress bond program from the county, the city virtually receives nothing as far as parks and recreation is concerned. Mayor Ferre:Don't say the City, the citizens of Miami, because there is a difference. We don't want any for the City, we want it for the people. Mr. Howard: The only area where money is going into, is of a passive nature is into Vizcaya in the City of Miami. We don't ask the County for any assistance as neighborhood parks. In areas regional in concept where we could receive assistance from the County such as the new, possible stadium at Curtis Park Watson Island and the rest of them, where we need additional money, this is an area where the county could help. On our fields, tracks, ball fields, foot ball fields, we find about 40% of the people participating are from the county, it is not only for the citizens of Miami, but there are no contributions made under the bond program , to any regional facility in the City. Mr. Plummer: I ask the same question of you, in your opinion, is there any inequity to the citizens of the c:`ty of Miami as it presently exists in taxation. Mr. Howard: Yes, there is. Mrs, Gordon: I would personally fee. :hat probably in the parks department there is more inequity than in any other, for one thing the services we render and the classes we have, and people are cor,:.ins from all over, there are such fine programs,I have had calls fr.+osn pctopie or Miami Teach complaining because we are starting to charge a fee to out -of -city residents. You can imagine how much they depend upon the City of Mi.anll parks department. The county is not furnishing the services that we are. Mayor Ferre; I might meat -.or, ::ro 4he record, Ernie, you have mentioned MAR 2 5 1976 this hefore, that that 600 million dollars is going to be issued in the decade of progress, we are going to pay 202 of that, and we ought to get 20Z of the benefits. I am talking we, the citizens, clot the City, the citizens of Miami, also citizens of Dade County, should get our fait share of these funds. That is all we want. All we want is justice, Mr. Fannatto: You are 100% right on that and I am just going to make a little statement here. I think the people are dissatisfied with the way Metro is distributing the money, and I hate to say this at this time, and I think there is going to be a shake-up in a lot of commissions at the next commission meeting and bear out exactly what'you are saying. Rev. Gibson: Mr. Mayor I move that the City Attorney be instructed to proceed posthaste after the necessary survey, research to go into court and argue our case. Mr. Reboso: I second the motion. Mr. Plummer: Father, are you indicating more than just the fire area? Rev. Gibson: My motion carries with it the necessary areas, that is what we pay Mr. Lloyd and Mr. Andrews for. Mr. Plummer: Mr. Mayor there is no question that, in my estimation that there is a tremendous inequity. It had been my hope that we could proceed in the one area that was so clear cut, but since that is not the case and the motion is to proceed I will vote yes. Mrs. Gordon; Yes, with the motion, and state that the City is courageous and is moving forward in a case that will be precedent setting. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 76-291 A MOTION RATIFYING AND CONFIRMING RESOLUTION NO. 76-126, ADOPTED JANUARY 22, 1976, AUTHORIZING LITIGATION WITH DADE COUNTY ON THE QUESTION OF DOUBLE TAXATION Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: I apologize for the delay, but we had a subject before us in my 6 years of service to the City, I think it was the single most important issue that has ever been discussed before this Commission, and I apologize for the long delay. I hope you recognize the importance of the issue. Mr. Lloyd: Mr. Mayor, legally what you have done here today is ratified and confirmed, your previous motions. So I will proceed according to the dictates of what you have done today and according to the previous motion, and Mayor Ferre: Correct, ---- Mr. Lloyd: ---and we will file the action early next week. ADJOURNMENT: The Special. Meeting was adjourned at 10:00 o'clock A.M. H,D,SOUTERN,CITY CLERK RALPH G. ONGIE, ASSISTANT CITY CLERK MAURICE A FERRE MA YOR MAR 2 51976