HomeMy WebLinkAboutCC 1976-09-09 MinutesCITY OF MIAM
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18 96
S - 9 1976
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
•
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO
SUBJECT
ORDINANCE OR
RESOLUTION NO.
PAGE NO.
1.
2.
3.
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5.
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• 7.
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10.
11.
15.
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18.
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23.
24.
INTRODUCTION OF GLORIA D. ALVAREZ FROM THE SISTER
REPUBLIC OF CHILI-: AND PRESENTATION OF KEY TO
THE CITY OF MIAMI
DECLARE SANTIAGO, CHILE A SISTER CITY TO THE CITY
OF MIAMI
DISCUSSION ITEM PERMANENT TRADE CENTER:
BRIEF DISCUSSION: AGENDA PREPARATION
ACCEPT COMPLETED CONSTRUCTION--H-4392:
PROCLAMATIONS, PRESENTATIONS, PLAQUES,CERTIFICATES
& SPECIAL ::CIS:
RECEIVE BIDS- Ii + 90 :
CERTIFICATE OF APPRECIATION-NORA SWAN -CHAIRPERSON
BICENTEtiNI.AL COMMITTEE:
WAIVE RENTAL FEES -"AMIGOS DE MILIAN":
PRESENTATION TO MAYOR FERRE:
DISCUSSION -CITY MGR. EXPLORE POSSIBILITIES OF ENTER-
TAINING VISITING DIGNATARIES FROM SISTER CITY
REPUBLICS:
DECLARE CALI, COLUMBIA AS SISTER CITY TO THE CITY
OF MIAMI:
SCHEDULE OF MEETINGS FOR BUDGET -WORKSHOP AND
PUBLIC HEARINGS:
DISCUSSION ITEM: PARKING METERS AT NEW POLICE
HEADQUARTERS:
BRIEF REPORT -NO AGREEMENT WITH MIAMI DOLPHINS FOR
USE OF THE ORANGE BOWL:
3RD YEAR COMMUNITY DEVELOPMENT PROGRAM -REPORT BY
C. CRUMPTON, ASSISTANT CITY MANAGER:
DISCUSSION ITEM -SCHEDULE OF MEETINGS FOR SOCIAL
SERVICE PROGRAMS -FEDERAL REV. SHARING FUNDS:
PROPOSED CSB RULE CHANGE -RECRUITMENT OF PERSONNEL TO
INCLUDE ALL OF DADE COUNTY
DISCUSSION
M- 76-769
DISCUSSION
It
76-770
M- 76-771
M-76-772
Reso.(76-806)
M-76-773
M-76-774
DISCUSSION
CITY MANAGER -PENSION EIOLUMENTS: (see 71-A. ist.read.)M- 76-775
BALLOTING PROCEDURE AND SELECTION OF NEW CITY
ATTORNEY:
ACCEPT. COMP. WORK-H-4360-LANDSCAPING N.E. 4TH CT.:
ACCEPT COMP. WORK-H-4392-BID B DRAINAGE PORTION:
ACCEPT. COMP. WORK-H-4374- DRAINAGE SYSTEM:
WAIVE REQUIREMENT OF A+AAA FOR MOORE PARK IMPROVEMENTS
M-76-776
76-777
76-778
76-779
76-780
1
1-2
2-3
3
4
4
5
5
5
5-7
8
8
8
8-9
9-17
18-19
19-22
22-25
25-29
30
30
31
31
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO,
SUBJECT
ORDINANCE OR
RESOLUTION NO,
PAGE NO.
25.
26.
27.
28.
29.
30.
31.
32.
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35.
36.
411 37.
38.
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43.
44.
45.
46.
ACCEPT HIGHWAY RIGHT-OF-WAY DEED-REX ENGRAVING AND
JUL.IUS MILLER, ET AL.:
ACCEPT HIGHWAY RIGHT-OF-WAY DEED-ERNESTO AND EDITH
T. GONZALEZ:
EASEMENT -FROM NATHAN SEGAL AND ESME M. SEGEL - FOR
CONSTRUCTING STORM SEWER:
ACCEPT PLAT-COLROSS SUBDIVISION
NOTICE OF OBJ. TO COMP WORK-H-4361:
ORDERING HAMMOCK SAN. SEWER IMPROVEMENT-SR-5411:
WORKSHOP MEETI N(,-SEPTEMii;' r 23,1976-CONSULTANTS
HARRY, OPPENHEIMER, R(';, ,ND ASSOC.
VICE MAYOR GORDON AS COMMITTEE OF ONE TO INTERVIEW
FINALISTS FOR POSITION OF ASST. CITY CLERK:
WAIVE RENTAL FEE-BAYFT. AUD. SENIOR CITIZENS SHOWCASE
REPEAL CHAPTER 12 OF CODE -LICENSING DETECTIVES,
GUARDS AND PATROL AGENCIES:
SOUTHERN BELL TELEPHONE & TELEGRAPH CO. PROPOSED
FRANCHISE WITH CITY -CONTINUED
CITY MANAGER NEGOTIATE WITH NEWLY APPOINTED CITY
ATTORNEY GEORGE KNOX-CONDITIONS OF EMPLOYMENT
FLORIDA HIGHWAY PATROL -LICENSE -EXAM. FACILITY AT
CENTRAL SHOPPING PLAZA -PROPOSED CLOSING:
CLAIM SETTLEMENT-BART VIDAL--J.M. PONTIAC:
AGREEMENT WITH MANPOWER PLANNING CONSORTIUM-DADE
AND MONROE COUNTIES:
CITY MANAGER EXECUTE AGREEMENTS- C.E.T.A:
UNITED FAMILY & CHILDREN'S SERVICE INC:
CHRISTIAN COMMUNITY SERVICE AGENCY, INC.
SABER, INC.:
COCONUT GROVE FA.MILY HEALTH CLINIC:
REALLOCATE $3,000. FEDERAL REVENUE SHARING FUNDS
PREVIOUSLY APPROPRIATED TO DOWNTOWN COMMUNITY
CENTER, INC.
WHEELCHAIR BUS -PROPOSED PURCHASE WITH SURPLUS FUNDS
DOWNTOWN DEVELOPMENT AUTHORITY -HEARINGS DATES
FOR APPROPRIATIONS ORDINANCE
BID ACCEPTANCE -FIRE FIGIITERS CLOVES:
BID ACCEPTANCE -BOAT RAMP EXTENSION-MORNINGSIDE PARK
BID ACCEPTANCE - HARD SURFACE COURTS-ALLAPATTAH
COMSTOCK PARK:
76-781
76-782
76-783
76-784
76-785
76-786
76-787
76-788
DISCUSSION
76-789
(1st reading)
M-76-790
M-76-791
M-76-792
76-793
76-794
76-795-A
76-795-B
76-795-C
76-795-D
(1st reading)
DISCUSSION
76-796
76-797
- 76-798
76-799
32
32
33
33
34
34
35
35
36
36-37
38--64
65
66-67
67-68
68
69
69
70
70
71
71
72
72
73
74
Ha&
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO.
SUBJECT
ORDINANCE OR
RESOLUTION NO.
PAGE NO.
47.
48.
49.
50.
51.
52.
53.
110 54.
55
56.
57.
58.
Ilk 59.
60.
61.
62
63.
64.
65.
66.
67.
68.
69.
70.
BID ACCEPTANCE -ASPHALTIC CONCRETE FOR WALKWAYS-
BAYFRONT PARK
BID ACCEPTANCE -MODERNIZATION OF ORANGE BOWL ELEVATOR:
TRAVEL EXPENSES -RETIREMENT BOARD MEMBERS TO
SAN FRANCISCO:
REIMBURSE TRAVEL EXPENSES OF VICE -MAYOR GORDON
ATTENDING CONFERENCE NATL LEAGUE OF CITIES:
RESIGNATION OF MEMBER OF ZONING BOARD:
76-800
76-801
76-802
M76-803
DISCUSSION
PERSONAL APPEARANCE-NATHAN ROBERTS-"DEV. OF CITY OF MIAMI:
POLICE REPORTS-COV'LAI:NT ON FEE SCHEDULE -
MR. JOHN CARLTON:
NURSING HOME FOR THE ELDERLY -DISCUSSION -EL PALACIO
DE LOS GRANDES:
DECLARE SANTIAGO, CHILE AS SISTER CITY OF THE
CITY OF MIAMI:
DECLARE CALI, COLUMBIA AS SISTER CITY OF THE
CITY OF MIAMI:
EMILIO MILIAN - CELEBRATION HONORING -
NATIONAL POLICE OLYMPICS-DISCUSSED TRANSPORATION
AND ABSENCE:
LEUKEMIA SOCIETY OF AMERICA-REQUEST WAIVER OF FEES-
GUSMAN HALL:
JERRY LEWIS TELETHON -WAIVE FEES FOR SHOWMOBILE:
MIAMI LODGE #948 B.P.O.E.-WAIVE FEES FOR BAYFT. AUD.
CITIZENS ADVISORY COMMITTEE-APTG. AL SCHLAZER-
STUDY NEW BASEBALL STADIUM:
KHOURY LEAGUE PLAYERS -DISCUSSION:
FLORIDA BOARD OF PHARMACY -WAIVE FEES FOR BAYFT. AUD.
TUTORING FACILITIES IN ELIZABETH VIRRICK BOXING GYM:
BICENTENNIAL PARK -SLIDE PRESENTATION BY EDWARD D.
STONE RESTAURANT LEASE:
PROBLEMS IN N.E. SECTION ALONG BISCAYNE BLVD-CAUSED
BY ADULT BOOKSTORES,THEATRES, MOTELS
RENEWAL OF NIGHTCLUB LICENSES TO ESTABLISHMENTS
CAUSING TROUBLE:
NORA SWAN -CONTINUE SALARY AS CHAIRPERSON OF
BICENTENNIAL COMMITTEE:
NATIONAL SOLAR RESEARCH CENTER -PLACE ON AGENDA
SEPTEMBER 23, 1976
"
76-804
76-805
76-806
DISCUSSION
If
M76-807
M76-808
M76-809
DISCUSSION
M76-810
DISCUSSION
DISCUSSION
M76-811
DISCUSSION
74 -75
75
76
76
77
77-79
79-81
81-82
82
83
83-84
84-93
93
94
94
94
95
96
97
97-99
99101
191
101
103
IN EX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO,
4
71
71-A
72.
SUBJECT
ACPTG. COMP. WORK-H-4392 BI.D A HIGHWAYS:
PENSION EMOLUMENTS -CITY MANAGER
DISCUSSION ITEMS- LIGHTS IN SHENANDOAH PARK:
CITY OWNED STREET LIGHTING SYSTEM
POSSIBLE PURCHASE OF PROPERTY
ON BRICKELL AVE
STATUS OF DINNER KEY AUDITORIUM
FLAGLER STREET MINI -PARK:
73. MIAMI DOLPHINS- NEGOTIATIONS FOR USE OF ORNAGE BOWL:
74. POLICE ENTRANCE LEVEL TESTING -REPORT ON FINDINGS OF
THE UNIVER:,ITY OF CHICAGO:
75.
LEGAL AID OFFICES IN LITTLE HAVANA-PROPOSED
CLOSURE:
ORDINANCE OR
RESOLUTION NO. PAGE NU,,
76-700
(1st reading)
DISCUSSION
M76-812
DISCUSSION
It
103
104
105
107
113
115
MEETING OF THE COMMITTEE OF THE WHOLE
OF THE
CITY COMMISSION OF MIAMI, FLORIDA
###**it41
On the 9th day o5 September/, 1976, the City Commi,s4.Lon 06
MidMi, FJ okida met at its 'Leguta'/ meeting ptace at City Katt in
sd.a city sitting as a Committee o 0 .the Whofe.
The meeting was caF cd to on.den at 9:11 O'Ctoeh A. M. with
the Got owing members 06 the Commission bound to be pnesent:
Aeho Pnesent:
Joseph R. GtasS•ie, City Managers
A. P. Cnouch, Assistant City Manager/
F:?1,'a H. Weston, Acting City Attonney
Ratis l•. G. Ongie, City C.Cenfz
An invocation was cc ... c'sed by Revenend Gibson who then Qed
those present in a ptedgc 06 a e_Lg<.ance to the 6tag.
A motion to waive the rtead.zng o S the minutes was £ntnoduced
and seconded and was passcd unanimously.
1, INTRODUCTION OF GLORIA D, ALVAREZ FROM THE SISTER REPUBLIC OF
HILE AND PRESENTATION OF KEY TO THE CITY OF MIAMI,
2. DECLARE SANTIAGO, CHILE A SISTER CITY TO THE CITY OF MIAMI.
The following motion was introduced by Commissioner Reboso , who
moved its adoption.
•
Comm.Lss.to}se t Manoto Reboso
Commissionet J. L. Ptummen, Jn.
Commissionet (Rev.) Theodoke Gibson
Vice -Mayor/ Rose Gondon
Mayors. Mau.tice A. Fenne
MOTION NO. 76-769
A MOTION IDENTIFYING THE CITY OF SANTIAGO, CHILE AS A SISTER CITY
TO THE CITY OF MIAMI, FLORIDA.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
3, DISCUSSION ITEM: PERMANENT TRADE CENTER
SUGGEST EMERGENCY
MEETING WITH CHAMBER
OF COMMERCE
Mayor !'erne: Very briefly, I want to point out, I am not quoting from the Atlanta
Journal of last week. And I want to point out to those of you - Lou Price and Dan
Paul and all of you who are interested in the future of this community - here is
the headline: O.A.S. endorses plan for trade center in Atlanta. Now ladies and
gentlemen, this community has serious economic problems. How in the world we in
Miami can permit the City of Atlanta to get a permanent trade center for the Organ-
ization of American States is not only incredible; to me, and this is autocriticism
so that the chamber won't get angry with me, Mr. Paul. I think the City of Miami
has been derelict and I think the Chamber of Commerce is completely derelict. How
could the Chamber of Commerce who is supposed to be the champion for the business
community permit the Organization of American States to go to Atlanta? This is an
important step. Now it hasn't been finalized but Mayor Jackson said that "with
the blessings of C.A.P. we have made considerable progress. We have received an
encouraging letter from the American Ambassador to the O.A.S., William S. Maynard
on behalf of Secretary of State Henry Kissinger." Now this has been sponsored by
the Atlanta Chamber
going to sit by aril it
Center from Miami,
t:he past 6 months. mr .
we've got to call an emergee,. •
politan Dade County and
to get it I want to .go dowe i u
it to he a °mood fight.
and I and some of the o
one week before he wee
Nora Swan has been up
We've had delcyatione.
specifically from you wuee
call a Special co:rmis:ic..
Chamber of Commerce. It'
we're going to be let r_ a
I don't want to read in Ur':
particular item.
4, BRIEF DISCUSSION:
'lvor Ferro: "r. ':aneger.
Mr. Joseph F'., rao::le:
ing your initial :e1:' j'
are suggesting to yo
would require y:ur r.±:i:
mittee of the Whole.
ion which is final ieeo.
They're designed to be
zen participation:, _
tate i ntercha:.. _
procedure, what v;c will
sessions of the City Coo
further and assuming th:,.t
on this, I would
procedure, this
approval and whether rer
Mayor Ferro: I think .. -
it so quickly. We've r1t: a,
work sessions like Mette eee
time already that we 'Jid;.' t
by putting it on .a mor::ir,:
basis, I think we're qo ng
get alot of our steam ,)ur
Zip iIlto things and .jet. them
I hope we would all...
Mr. Plummer: I agree.
Mayor Ferro: Ckay, any ; r 6
Mr. Grassi: One other
current agenda is that we
little better, we wou.1e
.take place at 1:00. The
morning very often cjet:;
wait and assuming that <.,,.r-
more predictable, we're eu
reason we didn't do
to come at 9:00.
Mayor Ferro: Alright ei.r,
twice and see what h appeee .
done in the morning and the!. ;.,,•
goes.
,: City of Atlanta. Now by God, if we are
mint,] just take the O.A.S. permanent Trade
I r+q Charlie Crumpton has heen talking to fur
: i k'> to leave you a copy of this and I think
.<ith the Chamber of Commerce and with Metro-
;:_ r; do something. If Atlanta is going
me!,. i don't want: to go down passively. I want
is. We're the first ones to start it. Reboso
>, ii,.z<a :I mooting with the Secretary General Orphela
ret-.cry General. We made the offer at that time.
;ever.al occasions with Maria Elene Torano.
:'-'er.s. But I want to know, Mr. Manager,
-;aster stand right now and if you need to
in Metropolitan Dade County and the
17 clue right now or we're going to lose out,
._JLwoys saying: "Miami Misses the Boat Again."
.c,; ,•;r-,r., "Miami Misses the Boat Again" on this
'",P PREPARATION
apologies for the delay I recognize you.
:lay"nr.. I'm going to keep this brief follow -
thing that I do want to point out is that we
n; procedure for the City commission, and this
the morning sessions you operate as a Com-
:hat is that you will not be taking act-
esion is concerned in these sessions.
f'or you They're designed to allow for citi-
rest.: ir,pertantly, they are designed to facili-
:, '»'u and your staff and if you adopt this
.fy.ing your actions in the afternoon formal
be doing that so possibly, before I go
;auc + read the brief memo that I sent you
action from you as to whether or not this
agenda, is something that meets with your
try it.
'.:a .: and I congradulate you for coming up with
with the idea of having some kind of
of us really, the City takes so much of our
nave to spend that additional time. I think
making that a workshop on an open public
in,_;; done alot quicker and that way, we can
hopefully in the afternoon we can really
quickly. I think it's worth a try, personally,
Alright, Mr. Manager.
-t,i:--, Mr. Mayor, that is not represented in the
r:d, in order to try and keep to a schedule a
1•ubiLe presentations probably in the future
::0,ges.: that is that the beginning time in the
L_ i..tabie and in order that we not make people
:adjournment is going to be more regular and
• those presentations be at 1:00 and the
.ruse alot of people had been notified already
:est.ions about that but let's try it once or
r:onion, it's always better to get alot of stuff
into the serious business but let's see how it
Mr. Plummer: Well for ciari i i".at . let me ask a question. This Commission went
on record about two months at:.. '"-..`: i:, feet at 12:30, regardless of what was happen-
ing, we were going to hreaF ` >: - leeh .:and at 5:30, regardless of what happened, we
were going to break for the clayi'c k is that policy in effect or not? Just for
clarification
SEP -91976
Mayor Ferre: It's always been in effect, we just never pay attention to it.
Mr. Plummier: I understand.
Mayor Ferre: And for obvious reasons, for two obvious reasons, namely you and me...
Mr. Plummer: Speak for yourself.
Mayor Ferre: Well, we will try, Mr. Plummer, but I don't see how we can do the
business of the people, there's just too many things. Either that or we're going
to have to have more meetings and none of us want to do that.
Mr. Plummer: I'm just asking for clarification.
Mayor Ferre: I don't think we can hold the Manager to that at this point. I think
in the future if you want, let's give him a couple of meetings before we come to
that. Would you make a note and bring it up again next month? Now, as is our tra-
dition, we always recognize in our Chambers whenever we have public officials or
candidates during election time and at this time in our audience we have a very
distinguished lady which I personally happen to think very highly of and whom I
think is an exceptional person running for public office and I'd like to recognize
Ruth Shack who is running for the position of County Commissioner.
(APPLAUSE)
Mayor Ferre: If everyone '-.Inning for public office had the quality of Ruth Shack,
this would be a very healthy :and well-balanced community and good luck to you, I
*don't know what the final outcome i ut I want to congradulate you for your very
good showing on the first time out and 1 wish you the very best on September 28th.
Are there any other candidates that I may have missed?
•
5, ACCEPT COMPLETED CONSTRUCTION;
& 4 AVES, & N,E, 58-59 TERRACE
N,E, 59TH STREET BETNEEN N,E, 2ND
Mayor Ferre: Alright, now we're going to go into the public hearing which is item
number 2 and the subject is the rebuilding of N.E. 59th Street between 2nd and 4th
Avenue and N.E. 3rd Avenue between 58th and 59th which is completed, the construction
was completed for $92,000 which was within the contract and completed on time.
It is now appropriate for the Commission to accept the completed work and authorize
final payment after all considerations are met.
Mr. Plummer: Are there any objectors? Seeing none, I'll move its approval.
Mayor Ferre: Plummer moves item 2, Gordon seconds it. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-770
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF D.M.P.
CORPORATION FOR THE CONSTRUCTION OF N.E. 59 STREET HIGHWAY
IMPROVEMENT H-4392 (BID "A" HIGHWAYS) IN N.E. 59 STREET
HIGHWAY IMPROVEMENT DISTRICT H-4392 (BID "A" HIGHWAYS) AT A
TOTAL COST OF $92,080.97; AND AUTHORIZING A FINAL PAYMENT OF $9,434.99.
(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 (Rev.) Theodore Gibson
Commissioner. J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None,
3 sEP -91976
G. PROCLAMAYIONS, . CERTIFICATES g SPECIAL ITEMS
- Chi!o" Proclamation to the
Honorable Lrr General of Chile.
B. Proclamation !_h week oE October 3 - 9, 1976, as "National
Prevertion
C. PresentaLion :'.::1(:anGs Year" proclamation to Mr. Pete
Elliot, Director
D. Present .
his work in
E.
to Mr. Ernie Seiler for
reucitlg "Hooray USA".
Presentatkon () A *tf:, ,n.preciation to Mr. Michael D. Alvarez,
President ot ; -1 Dental Technology, in recognition
of his impc)(r.a:' community.
F. Presentation (-)1" o.pp,ociation to Mr. Juan Mercadal for
his artistic tr1AL:1 kjuitarist and dedication and
enthusiasm 1,-;
G. Presentation tAi ., ')ay" proclamation to Mr. Bruce Rubin.
H. 1'resentaLle:1
ates of Appreciation to the
participant of God" 3rd annual Act of Worship.
7, RECEIVE SEALE)
This beino
for Biscayne Wes!.
Commission was now
The followi,ig 111--)tion
adoption:
HIGHWAY IMPROVEMENT H-4390
se,r
.,yor announced that the City
1:1ceivinq hicq.s
:.,sioner Gibson who moved
A MOTION T.7) 17r7=: REFER TO
THE CITY nAc:L:: T,ND REPORT BIDS
AUTHORIZED r.7,) FOR: BISCAYNE
WEST HICiiWAY
Upon being secon-:led by --: -
and adopted by the fol 1
_
Vic-M
rlyor
BII,)S WERE
C...1pany of
A7,17:n
I . .7. Cor,strak...tc,n';,
Pavini CO.
0:10 PtILV.1 Fly C.. ,
::. I'. Corporation
Pbso, the motion was passed
:re Gibson
NOES: None.
!CJP-41-NC, PIPMS:
inCOrparated
SEP - 9 1976
8, CERTIFICATE OF APPRECIATION - NORA SWAN, CHAIRPERSON BILE TEENIAL
Mayor Ferre: Nora, would you step lorward. To Nora Swan with sincere appreciation
and grateful recognition for your inspiratie al leadership, unflagging dedication,
diligence and devotion to duty, for your standing achievements as chairperson of
the City of Miami's Bicentennial Committee; for your countless contributions of
time, talent and energy enhanced the patriotic and artistic observance of our nat-
ion's 200th Anniversary; and for your sterling efforts to encourage community aware-
ness not only of ideaiogical accomplishments but of America's rich cultural heritage
presented by this City of Miami Commission. It,is certainly my pleasure and honor
to make this presentation.
AIVE R NTA�L FEE§ - SUITABLE FACILITY. FOR CELEBRATION
9, AMIGOS RENTAL
MILIAN
Mayor Ferre: I have a little pocket item that I think we ought to take up at this
tire. As you know, and I think Plummer is going to want to make this motion, but
Emilio Milian almost lost his life. He certainly is a man that is representative
of the courage and dedication. And the community as a whole has gathered in spon-
taneous approach to render homage to this brave man who has become a symbol of cour-
age and of dedication. And they have requested of the city and of me that I pres-
ent the use of Bayfront Park Auditorium, for Saturday, October 9th. They, of course,
would like to have a waiver of fees since it is going to be open to the public and
I would like to recommend that this be considered at this time.
Mr. Plummer: Mr. Mayor; ,oild love, the only thing I have any question about is
0 that I don't think it w11 be big e-onjh. But I would like to make a motion that
the Manager be instructed to make the ,-_per size facility be it Bayfront Park or
other available for this very joyous cele��_: Orion. If it be Bayfront Park well and
good, that all fees be waived because I think this is something of greatest highest
interest to the community and that we would abEorb any and all fees, Mr. Manager,
is the way my motion would read. And I would offer that in the best sense of the
word.
Thereupon the preceding motion, introduced by Commission Plummer and seconded
by Commissioner Gibson was passed and adopted by a unanimous vote.
Said Motion was designated Motion No. 76-772. See RESOLUTION NO. 76-806.
10, PRESENTATION TO MAYOR FERRE
Presentation of coat of arms by Mr. Aael Martinez to the Honorable Maurice A. Ferre.
CO TTNIED DISCUSSION OF ITEM #9,
Mayor Ferre: Joe Grassie wants to talk about the auditorium.
Mr. Grassie: Just a clarification, Mr. Mayor. Normally, if this is a Committee of
the whole session we would record the motion that Commissioner Plummer has made and
bring it to you in a formalized way this afternoon. So we'll interpret what you
said, get it down in writing and you will have that as a motion which you can adapt
very quickly this afternoon.
Mr. Plummer: Fine.
11, DISCUSSION ITEM: VISITORS FROM SISTER CITY REPUBLICS
INSTRUCT CITY MANAGER TO EXPLORE POSSIBILITIES
OF ENTERTAINING VISITING DIGNATARIES SUCH AS
Rev. Gibson: Mr. Mayor, I think we ought to establish a policy once and for all if
we're going to have 5 cities - fine. That's it. If we're going to have three, that's
it. I want to say what I picked up on that very trip you talked about. Whatever
else we may say about people in hatin America, and certainly the cities we visited,
people do a first rate job. We look Lad. We're like amateurs. We go second rate.
They come hre to visit us ane you know a lot of us get lost. And J. L. Plummer has
been saying to us for a long time, ev golly Plummer literally carries all the enter-
tainment costs out of his pocket. I think it is a disgrace. Either we want to go
first rate or get out of the business. And we cannot afford every time somebody
cries on our shoulder to, "Ok, we're going to take you as a Sister City." I'm in
the business of people crying. I had to tell a parishioner of mine once, "I wear
SEP•91976
dacron suits." When
are to be shed you know C k.
Wet my hide. And L thins. .,'<: ,c::I;
pressure, the Mayo) has thy
same pressure. But if we t) 1,
the buck will stop there.
ehe i and Plummer does due, when the tears
Le.ee;.tre going to be shed and they're not going to
He he positive otherwise Reboso has the same
,:sc, I have the same pressure, Rose has the
•h,1we're going to Have five cities man
Mayor Ferre: Let me be spe, _•i fle. I have since being Mayor taken one official trip
to Buenos Aires, two to e;'are:;.75. '.lncc to Bogota, two to the Dominican Republic.
Now every time I go rr:t ert:,nc.-s the City et Miami when I get there I'm received by
either the ?.Mayor or a rerunLt e. ^h rc ar cars available and police escort. You
know how these Latin coos:! r i, ;; 1 when we get to the hotel there are flowers
and fruits ant'. a bottle, ot .: .;:,k iu: next thing you know is they're picking
you up to take you out tor,:, i ltav€.a official functions and present you
keys to the City of Miami.
with two or three painting!
these people really ,,c
of 9 or 10 or when we tee,
ior, at the City 1i1:1 . T'v•.
for it. Now over t-l:,,r„
and I'm sure that ail '
and we hive :i t-irjh` ,_ +
fore very quickly. WJn.:•;.
As you all know, the City
meet has built whi .--h i o a
is going to be called Ci'
we were gore,- t,) r. ;11. I-. �:
where unless... Nora ..
I don't know: what ethe
place we're going to ..1:.
to have to do some tl: i n:;
going to do it frankly
Mrs. Gordon: ...that
We do have other way:[; we c
Mayor Ferri_. Well, let :n
to Roberto Clemente Palk
can dedicate ot.e of the
And if we don't Jo thy-_... „•.-r
Last year we hea -„ ,,, , ,
community. Y -,,i got tHy
was 9 or In T};_ :, uxt
there is $400 _,1 :,'_ t, :1 _
know of. You multiply 11. =iC.t'
lot of shops on Flagler Street and
dependent on those 70,000
munity. And with thing; bei::,:
,at:;r' to the Dominican Republic I ended up
lileos. And it is very embarrassing really because
c; 1,c2 ho:;pitll. When we've gone in committees
nt_ ni.al Trip they offered us a luncheon recept-
;;r:cheen at the country club - they paid
i:, not quite as vigorous as it is here
exee ": t ores which are taxpayer's money ...
with aeyway. The problem is going to come to a
Tracas coming here on September 20th.
:i .di.::•a ted a :marina, the first marina the govern-
deilar marina with something like 500 boat slips
1 l ne . And we made a formal commitment that
Ard I. don't know which park or how or
ehanye the name of Bicentennial Park and
te delicate. But somewhere somehow some
.rk to the City of Caracas. We're going
1 they get here. I don't know how we're
ne eey in the budget.
1' to be.:.:uuse there's just not that many.
them.
way. If we change the Wyndwood Park
fray t ront Park to Peacock Park we certainly
het the City of Miami has to City of Caracas Park.
:lain the commercial value that this has.
1,:!•.a :'rice, visitors from Venezuela to this
;,•:erage stay is unbelievable, I think it
n:i, eirle per day is close to $40. That means
i.ucf .1n visitor to this community that we
u,:lO0 and I guarantee you there are an awful
i urdines and Jordan Marsh that are very very
o;tir,g here and spending their money in our com-
e;3d «s they are that's one of the things we've
really got to pay close attr,t _Mon t:;;•.
Mr. Plummer: Mr. May: , e, tl,e only one that surpassed Caracas and
headed the list was the cot ::: !:cal ur:;hi a at 76,000. And I'm glad that Father
brought that up because: Mr. f, ;;;.::g .r, I .giant to inform you that we have the recip-
rocal group c :ming from i3oget;r Diu- firr;t week in October and I think there will
he 80 some in the group. Last time we fell on our face.
Mayor Ferro: Let me tell ::not ::ar:; ,:ned last time. We didn't have any money
in the budget so I ila : t., _ . _ .x ',t: :'.,luv.d;us and what we basically gave them was
beer and peanuts and potat.• i:i :;. j!=::e nad a little reception at the Columbus.
Mr. Plummer: Thank Cod the rc.c:.;:e:r. ':2 >v, ;;ailing Club chipped in and took them for
a moonlight ride. I mean: t:1,i.; re. hew i ed it is. I'm not going to tell you what it
is costing me to be the off.nie: imra ;:-:ade,r...
Mayor Ferre: Well, I think ehc eeint Ls this - we either get into this or get out
of it.
Mr. Plummer: I agree.
Mr. Grassie: I wonder, Mr. '•".ayr.•r, whether it would help the City Commission if we
were to draft a budget to attempt to cover these questions and present it to you.
Mayor. Ferre: I blink it is i mi,: rrane. Look, let me tell you something and this is
the last tiling I'm going to say cn this. Plummer has been down there 5 times, I've
F1
SEP - ;i b/ 6
been down there three time and very time I go, and I'm sure it is the same with
Plummer, we get front page coverage in their newspaper. And the circulation o*
Fl Tiempo which is the main newspaper in Bogota, in Columbia is almost as large as
the Miami Herald. And we don't get Section b, Page 4 coverage we get front page
color photographs of the official City of Miami. - interviews, editorials, television
reports, the whole works. And I guarantee you the fact that there is 78,000 people
that visit us from Columbia a lot of it has to do by the wonderful publicity that
we've been able to get every time we make one of these trips.
Rev. Gibson: Mr. Mayor, I have given this an awful lot of thought and I have spoken
about it before. Either this city wants to be first rate or they ought to get out
of the business. I'm embarrassed at the quality of entertainment that we give to
people who come here to visit us. I am amazed at what other people do. If I'm in
order, I would move that the Manager be instructed to take his staff and work out,
explore some possibilities that by the next regular meeting a formal proposal is
made meaning you'll have to talk with the City Attorney, research the law and find
out what we can do according to law and what we can't do and then find a way. I
live with a theory. I don't want you to come back here telling me what I can't do.
I want you to come back telling me how *. could do it reasonably so, legally so.
That's my motion.
Mayor Ferre: I think we ought to talk to Metropolitan Dade County and the Chamber
of Commerce and see if somehow we can share a little bit of this because the bene-
ficiaries of all these visitors from Latin America are shared by all. Perhaps we
might even be able to make a pool of some kind, I don't know.
Mr. Grassie: If I could, jest one clarification, Mr. Mayor. In Committee of the
Whole as you are now sir ,_i ,ti 1 I need is an instruction from you.
Mayor Ferre: Yes, but Mr. ,,;assic, I. yell you I'd like to have it on the record
because I don't want, and I want everybody's opinion. I don't care whether they
do it verbally or just by a vote. The simplc. way to do it is just by calling the
roll. Call the roll and then you know what the will of this commission is.
Mr. Grassie: What I'm indicating is that we will not make a formal resolution...
Mayor Ferre: I understand that but I want you to have it on the record what the
will of this commission is. Call the roll.
The following motion was introduced by Commissioner Gibson, who moved
its adoption.
MOTION NO. 76-773
A MOTION INSTRUCTING THE CITY MANAGER TO EXPLORE METHODS
OF ENTERTAINING VISITING DIGNATARIES SUCH AS REPRESENTA-
TIVES OF SISTER CITY VISITORS AT CITY EXPENSE IF DEEMED
PROPER AND LEGAL BY THE LAW DEPARTMENT AND TO SUBMIT SUCH
PROPOSAL TO THE CITY COMMISSION BY SEPTEMBER 23 IF POSS-
IBLE.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
7
SEP -9197fi
12, DECLARE CALI) COLUM IA AS SISTER CITY TO THE CITY OF MIAMI
The following motion was intro dneed b r Commissioner Plummer, whn moved
its adoption.
MOTION No. 7E,-774
A MOTION IDENTIFYING CALI , COi_:', ML IA_ AS A SISTER CITY TO THE
CITY OF MIAMI , FLORIDA.
Upon being seconded by Cemnl54sioner Reboso, the motion was passed
and adopted by the following ee te-
AYES: Co:runieefo er Manolo Reboso
Commissioner. J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
13, SCHEDULE OF MEETING, Fr1R BUDGET - WORKSHOP AND PUBLIC HEARINGS
T.rter -1i.scusdion it we:; decided that the following meetings would be held:
September 24, 8:30 - 4:10 - work session at Miami Police Department
September 28, 3:c 3 - 12:00 - work session; 3:00 Public Hearing
September 29, 1C: 12:00 - Public Hearing
September 1e, 10: - -- ;L I is fearing
14, DISCUSSION ITEM: PARKING IETERS PT NEW POLICE HEADQUARTERS
M a.rr)r L"rrra:
tell you...
Is '•'r. I,a u.v., Frill nn that cnhiect r,f dimes in the metArs? I
Mr. Grassie: Could 1 1 c;.urt_ cni . Mayor? Mr.. La Haw called me yesterday.
I've asked that. they not make e presentation on that until we could work with them
a little further and with the City Attorney's Office to see if there is some way
of carrying out the u;t :nti;i:::. of tic City Commission.
Mayor Ferre: Well, 1 don't ke e how the rest of this commission feels but I am
totally opposed to meters r.; -it t `,,;e poi i ee elation. I think it is just completely
against the grain and La Haw say;, "::ell, we'd have a lawsuit." I say, well so be
it. I think it is time for us to face this one on head on. I realize that they
have a mandate but certainly the Parking Authority does not have a mandate beyond
the will of this commission. And I think this commission represents the people.
We're elected by the people.
Mr. Grassie: I understand your deeites and we're trying to accomplish it. I hope
that we can accomplish it wit_hou:. yetti.ng into a fight with them.
15, BRIEF REPORT - No AGREEMENT WITH !IIAMI DOLPHINS FOR USE OF
THE IRANr;E �30'JL
Mr. Grassie: The Miami DGlp:;i:t;: You asked that we report to you by today. We
have been meeting with them yeite steadily. We are not ready with an agreement.
I think that the time h•is co;,• that the City Commission really needs to sit
down together and work on to 1,,, r;t i >;: of the policy that we're going to follow.
We need to determine what o..: ceuree v: a;:tion i:: going to he and I think that we
do need to review some of the ur,intL; :,i view of the Dolphins' representatives sim-
ply so that you know why we neve really had no agreement...
Mayor Ferro: What is your ieicommondaticn, a workshop?
Mr. Grassie. 1 think t.ii,_ .I.,. _ is .:a c eesary, Mr. Mayor. Yes.
Mayor Ferre: Alright, now we've yot a problem of time. I don't think we're going
to have time today so that means carp you fit it in on the 23rd?
Mr. Grassie: We'll do it any time that you wish.
SLP - y 19/6
Mr. Plummer: When is the first ..;arne in the Orange Bowl?
Mr. Grassie: The 26th I believe. Isn't it?
Mr. Reboso: It is the 25th.
Mayor Ferre: Well, see, we have problems now because both Gordon and Gibson ate
going to be gone next week.
Mr. Plummer: Plus Gibson made a motion of a time frame I think 10 days in advance
didn't you?
Rev. Gibson: That's right. The buck stops right there.
Mayor Ferre: Well then let's take it up today but not now I don't think. Let's
move on with the agenda and if we have time we've got that and the City Attorney
matter and the Assistant City Clerk to discuss today.
16, 3RD YEAR COMMUNITY IDEVELOPMENT PROGRAM
REPORT BY C. CRUMPTON, ASSISTANT CITY MANAGER
Mr. Charles Crompton: Mr. Mayer and commissioners, there are three items that we
need in policy from the commission so that we can continue our program for 3rd year
for the Community Development Process. in your packet you have a schedule. This is
the first item that we wool' like you to review and adopt which spells out the proc-
ess and the time frame:; be followed for the Community Development process
e in the 3rd year. The seco„ : item the second page of your August 31 memo which
gives you 6 items of broc:u h.,canh budget for Community Development 3rd
year. We have a total of million do i._ approximately coming in. We will
not know precisely until Federal H.U.D. dives .s a ruling on that but we have this
as a tentative ,`..udget that we're: working with and this is the distribution that we
feel is valid for the 3rd year and you might note that we're recommending that at
least $3,000,000 be utilized for acquisition of land for housing purposes to begin
the implementation of our bond issue that was passed this past March. The third
item is following the process that Ln .nmmission used last year which is to take
up to 10% of each allocation per ta:cet area. That is not to exceed 10% for social
services. That would be worked out with the target area. These are the three
items that we need as policy type matters so that we can continue our schedule with
3rd year.
Mr. Grassie: I wonder then, Mr. Mayor, if we could ask for a reaction on the City
Commission on those three items. What the staff is looking for is either change
the recommendations of the staff or else the concurrence of the City Commission so
,ipthat they can use that as the guideline and as the basis for their continuing to
administer this program. Would you like for Mr. Crumpton to take them one at a time?
Mayor Ferre: Social Services, target area, what was the third one?
Mr. Crumpton: The third one was following the policy that the commission estab-
lished last year, not to exceed up to 10% of each target area allocation for social
services which was followed last year.
Mayor Ferre: Then I only have two - social services and the target area. What's
the third one?
Mr. Crumpton: Adopting the schedule of the process which is tentatively setting
the public hearing in February as well as following the schedule that is proposed
here to begin the series of meetings with all the target areas for the citizen in-
put as a process leading up to the February public hearing. That is the first. item.
The second item is on the second page of your August 31st memo that would adopt the
broad brush the preliminary budget distribution into six major categories of the
9.6 Million dollars. And one of that category is at least $3,000,000 to be util-
ized for the purchase of land throughout the city to implement, continue the implem-
entation of the housing Bond lssue. And those are the three items - a preliminary
budget, schedule and to continue not to exceed 10% for each target area for social
services.
Mayor Ferre: Well now Charlie, ict me ask you just a question of philosophy here.
As you know, it is not the responsibility of the City of Miami to provide public
housing within our area. It is not our responsibility.
tir. Crumpton: Excuse me, Mr. Mayor, this is for the purchase of land so we can
implement.
SEP -91976
Mayor Ferre: I r.eralie.e that., f heL' 3 exactly where I'm going. That's the respon-
sibility of Metropolitan Dade ccO Int •Y to provide horsing. Now they haven't been
able to provide suft.icieht rtousing and Mel Adams is an exceptionally fine public
servant and I'm not, i'.3t'e a OiFen eor.t-es on that board so I'm not questioning the
competency of the staff or t.ho 7 ain questioning the reality, the bottom line
as Plummer likes to say. Now the bottom is that they put for a bond issue
for $5,000,000, it failed. We put on $25,000,000 and passed it. Now it is going
to cost the taxpayers of this city eventually some money to provide public hous-
ing which is really r,c;t our responsibility. Now again, due to the failure -and I
say failure -of Metropolitan Din County we've had to pick up the ball because they
haven't been able to do it and they have good reasons why they haven't been able
to do it. I don't clot.__; i,;ri their intentions I question their results. Now you're
telling me that besideo }-.�.irr) S25 ,00(0,000 which is doing to be used for public
housing which .as you know I spensoreo, supported, helped draft and campaigned vig-
orously for and I feel very proud being one of the fathers and mothers of the Hous-
ing Bond Issue that it was accomplished. Now you're telling me that we're going
to take our Community Development FunUe and start_ using it for the acquisition of
land. Now, where does metro come in ie ;r11 of this?
Mr. Crumpton: Metsropoli.t-,in c,ver.runent will be using some of its money to purchase
land also.
Mayor Ferre: How much if: some 0f their money?
Mr. Crompton: I don't know, sir, at this time. They haven't worked part....
Mayor Ferre: This is a pe'.i.cy setting board. I ask you a philosophical question.
Do you think it is appr,_;; :,tc for the City of Miami to use its Community Develop-
ment funds to the tune of- . tn_ e e' 10 out of 9.6 million to buy land for housing?
Isn't that the responsi.oi i r t y of Mel. - litan Dade County? Now we've gone far
enough haven't we? We've p;a o.i .a 00 bond issue. We're going to have
4,000 units under constructt.._.i. •,.•0i._h is mere :han this community has ever had.
You know in 3'3 years of cxist.ei-e they've oitii been able to build 17,000 units and
here in 5 year:_; we plat, to build 4,000 writs. We're going to provide the seed
money. It's eeminu out of our t::,xpa;er:;' hide. The taxpayers are going to pay for
that. Eventually we hepe •iest 11 roeoup a lot more than that. But hey, let me
tell you those are going to be within, the C ty of Miami, the taxpayers are going to
have to support that because the Felice and Fire services, those aren't taxpaying
properties. They're not . .ing to pay, they're going to pay in -kind but they're
not taxpayers. But we're adciinu to the support. Remember New York City? I ask
you, and I'm all for pubiic: housing, but should the City of Miami philosophically
come up with $3,000,000?
1
Mr. Plummer: The question I have is if we're going with a total of $25,000,000 in
the bond issue which does allow for acquisition why are we spending another $3,000,09(e`
beyond "ha ou of this money to do the same thing? That's what I don't understand.
Mr. Crumpton: Last year moneys were in the second year budget to acquire land...
Mr. Plummer: Yes, but last year 4:e didn't have a $25,000,000 Bond passed either -
we do now.
Mr. Crumpton: The funds are in the 5,000,000 Bond Issue has the capability of
the purchase of land. However, if you use all the money out of the Bond Issue to
purchase land you'll have nothing to back up H.U.D.'s Revenue Bonds in order for
construction.
Mr. Plummer: Well, let me ask this question then...
Mr. Crumpton: And if we had no land you can't build.
Mr. Plummer: It was eomewner:c' reported to me that the voters of this city spent
$25,000,000 or allocated or encumbered themselves for $25,000,000 that together
with matching funds brat would be coming out somewhere roughly about $150,000,000.
Was that correct, what I heard?
Mr. Crumpton: Yes, it was correct but let me augment by saying this: The $25,000,000
Bond Issue of the city was to be used as a backup or collateral for Dade County H.U.D.
to float revenue bonds.
Mayor Ferre: And that's essential, J. L.
Mr. Crompton: And this is where the 4 or 5 times would come about,.,,
to
`c, — 9197E
Mayor Ferre: And if we use that money to buy land we've had it. We cannot use
that money because we're going to gee- a four time multiplier on that, I hope a
5 and 6 time multiplier. So chat means every dollar that you use to buy land
you're not using a dollar you're ,:.ing '. So we really can't. Look, let me put
it to you this way. We've done our :haee . Metropolitan Dade County in my opinion
they come to us, they want our support for eeoid Transit. We've given them support
even though we've had to bite our torr'ue and swallo•' hard. They've come to us for
all kinds of things. Interama, they want the City Attorney, the County Attorney
call me up, "Would we be willing give up our 84 acres up at Interama so that
they could bring some federal scienc:<t..c(i forget what it is. What is it?) solar
energy which is a big multi-miliiun dollar federal subsidy and everybody wants it."
I said , "Hey, it would be terrific for this community, I can only express one opin-
ion, one opinion. My opinion i i r. can bring the Solar Energy Commission down
here to spend upteen hundreds of million loliars to put this thing up for the whole
nation here in Miami I think you'll find uS very cooperative and I would vote for
it. I can't speak for the city or for the commission." Here we go again. They
want the land over on Virginia K'y. Alright, we'll give them the land. They want
this. Alright, we go ahead and we dc, taaar_. They want Dodge Island and they want
the other thing. Now, they go ot. and -.hey issue $600,000,000 worth of Decade of
Progress Bond money, they've aiready spent a hundred and some odd million dollars
of that - we didn't get a cent. And when we ask them, I don't mean we the City of
Miami administration, and conmis.3ioe, i'n, talking about the 350,000 people that live
in Miami that make up 21* of this c;)rrunit_ that are taxpayers of Metropolitan Dade
County. They seem to think somehow that they can collect the taxes from the people
of Miami and not render them any services that that's the City of Miami's job.
Well that's fine but then they shouldn't collect taxes from the people of Miami.
And the point that: ;'m tr'l,g to mace is that as a great concession Beverly Phillips
comes back, and I'm sor_1 :'., ;n an electoral race because I don't mean to be
speaking against her l e sr.e`_ for office but she comes back in one of
(" the most arrogant 1t? tter:, .ve 1 1i ng me that, "Well I don't know what
we're complaining about that. what we do is we ought to give the Fire Depart-
ment over to Metro." That's h : r o 1.-.ion Lr lve the problem. And when I talked
to her she says, "Well, you've got Vizcaya, an improvement..." Well, I don't con-
sider an improvement or S2,O00,000 -.pent in Vizcaya as an investment in the City of
Miami. They haven't given us one ce.r+ to improve any parks, any of the facilities
that the people of Miami that, are alto tie people of Metro deserve. Question:
They've got Little H.U.D. - that': heir Let them come up with the
money.
Mr. Plummer: Mr. Mayor, can I interject something, and I hate to break the train
of thought. Mr. Grassie, let me brinto your attention one thing that he brought
up now. One of the things that they rronu.sed us which we didn't really concur with
was that a million dollars of that Decade of Progress that was so-called spent in
Miami was going to be for the widening of Rickenbacker Causeway. Now how that bene-
ecfited Miami I don't know. But, they have now passed a motion I think last Tuesday
...of definitely not widening that. I think this city should have some say on that
million dollars that was going to so-called be spent in the City of Miami to be
guaranteed that that million dollars will be spent for some benefit in the City of
Miami. We can ask.
Mayor Ferre: I've been skirting around thee for a long time. I think that once
we finalize with the City Attorney and once we settle down in our Law Department I
think that we not only should pursue the matter of Double Taxation, I would like to
institute a eawsuit if we don't get satisfaction as to why in God's world should
the people of the City of Miami end up paying 21% of the cost of a $600,000,000
bond issue when they are not the recipients directly of any of those benefits. Why
should the people of Miami who nave turned over the airport, the seaport, the Water
and Sewer Department, they Library for n:,rr;oney at all, no money from Metro, why
should we once they get these departments without any cost - the Water and Sewer
which was the last one we turned over estimated to be worth $500,000,000 that
was paid for by the people and the :onsumer.s within the City of Miami. That was
turned over at r.o charge to them. ''fl-y should we now in addition to that be spend-
ing and paying for millions of dollars or bond issues when we receive no benefits
from it? I thesk we :.hould yo in not for the city but for the residents of the
people of Miami that we shou,iput in s lawsuit that if they're paying 21% of the
taxes they ought. to get 21b or bent fit And I think it is absolutely hypocrit-
ical and I accc=c; openly, pubic a11y an:: directly the Metropolitan Dade County Com-
mission and administration of blata.t: hypocrisy because what they do is they go up
to Tallahassee and scream to high Leaven aL:..it how Metropolitan Dade County does not
get its fair share and 1 can tai.e word fcr word that the statements they make before
the legislature and those iegislat.ive bodies, cross Metro and put in Miami and cross
out the State of Florida and put in Metro and it stands word for word. And yet when
we go discuss these things with Them we get the off -handed answer of, "Well, why
don't you give us your Fire Department" and why don't you turn over something else
11
SEP 1976
and why don't you do this; and well, it is your turn to pay. Well, we've_ been pay-
ing because the people of Miami nail for the Water and Sewer Department and the
Library System and now we're going, to pay for a $600,000,000 Bond Issue of which
we're going to pay 2J.' of and we're not going to be the beneficiaries. And that,
I'm not a lawyer, but there has to be -.wi' court somewhere that can remedy the sit-
uation and if they don't want to do it then I think we've got to take it to court
and prove the point. And what Plummer is saying is absolutely correct. The little
crumb that we have was the widening of Rickenbacker Causeway and that has been turned
down.
Mr. Plummer: No, we had three things. We had the widening of Rickenbacker, we had
Vizcaya and we had the improvements to the Dade County auditorium. That was suppos-
edly our piece of the pie for the City of Miami. It overwhelms us. And I'm going
to tell you something else I'm going to bring up this afternoon. It has been brought
to my attention that the county has net made their first installment on the Virginia
Key Land deal so that thr-y ,pan improve the sewer to charge us more money. We were
the First one that: got the moratorium, the first one that got the 1299, increase and
I'll tell you, Mr. City Attorney, if there is any way legally I'm going to stop it
until they start makin, payments because I think in that schedule it calls for pay-
ment and we're not in default, they are. I want that researched and I want an ans-
wer back because as far .3.s I'm :_oncerned they're either going to pay or we're going
to take ba::k. I'm willing to end ui, to my end of the bargain but by God I expect
them to do theirs.
Mr. Crumpton: Mr. Mayor, T recognize your r:oncerns for all of these things that
are being haid. Hack to community...
Mr. Plummer: Had no heel... on Charlie Crumpton.
Mr. Crumpton: Back to eemmL.o_ ty delo 1 , :;,f2nt, we've taken a look at what would it
take to purchase land in the City of tMi,,rd o accomplish 1,000 units a year. We
see that from sarnl.le, price; i. .:n acquisitiot;'- involving vacant and occupied sites
and as you know, within, the City, in order to cccomplish alot of what is proposed
by the Bond Issue that was paaoed to get the 5,000 units, that. is going to cost
somewhere in the neighborhood of fli,000,000 to buy the land just for 1,000 units.
Mayor Ferre: Are you telling me then that Metro is going to put up $10,000,000...
Mr. Crumpton: The :;10,000,000 is going to have to come from somewhere else.
Mayor Ferre: Well is this somewhere else Metro?
Mr. Crumpton: They're going to have to contribute to it.
Mayor Ferre: Well now, that changes the picture. You're telling me that they're
going to come up with $10,000,000 for our 3, then I would seriously consider it
but if you're telling me that we're going to buy $3,000,000 worth of land and use
our bond money to supply Metro with funds for them to put up Metropolitan Housing...
Mrs. Gordon: 1,000 units you said?
Mr. Crumpton: It has been stated that the bond issue could accomplish 5,000 units
by parlaying the funds with and backing up little huds revenue bonds, it could
accomplish somewhere in the neighborhood of 5,000 units.
Mayor Forte: How far along are they in getting that back to the Supreme Court, the
revenue or pass whatever legal entity they've got to get by?
Mr. Crumpton: You mean the validation process?
Mayor Ferre: You remember when John Lloyd left, he left a memorandum, Frank you
probably remember this, John had a memorandum of target dates. He said, this is
what has to be done now. First of all this has to be validated by the Supreme
Court and then we have to do this and Metro has to structure their revenue bond
issue and then, how far are we along that line?
Mr. Crumpton: Okay, as you recall at the last housing meeting that we had, this was
spelled out in that the validation process is in the draft works now, Mr. Guandolo,
the Bonding Attorney, is finishing up the draft for the validation which will be
shipped down to...
Mayor Ferre: Validation of what?
Mr. Crumpton: Of the $25,000,000 bond issue,
12
Mayor Ferre: That's our validation.
Mr. Crumpton: That's correct, sir.
Mayor Ferre: Well then it's way behind schedule. We passed this thing in April,
Mr. Crumpton: In March.
Mayor Ferre: In March, well that's even worse.
Mr. Crumpton: That's right.
Mayor Ferre: We were supposed to have that validation under way two or three
months after.
Mr. Crumpton: The validation was on schedule to be filed sometime in September
of the last schedule. It's still hopeful that it may come up in October.
Mrs. Gordon: Mr. Crumpton, something doesn't add up right. Did you say 1,000
units would take a land acquisition cost of $13,000,000? $13,000 per unit for
public housing?
Mr. Crumpton: This is what we estimate...
Mrs. Gordon: That's ridiculous.
Mr. Crumpton: I couLdn 7 agree with you more but most of the land that we have
11OF in the City in which to build ul.,2n the existing structure.
Mayor Ferre: It isn't ridiculous and it.t me tell you why...
Mrs. Gordon: Per unit we're talking about.
Mayor Ferre: It's ridiculous, the figure is absurd. Let me tell you why it's
not ridiculous and this is the dilemna that this community finds itself in.
You, as a realtor, know that the average house, and Joe Grassie knows, that the
average house in Miami, the average house, is selling for $45,000 and I want to
tell you and if somebody wants to say that this is an attack on the master plan,
I want to make a statement to you about that master plan and the zoning practices
that are so, that have been guiding this community for the last 2 years. It's
that restraint on the outlying areas that have got the prices of property so
high in the core area and it isn't, the problem is that that is what land is
worth in the City of Miami, that's the tragedy of it. I don't know what other
solution we have.
..
Mrs. Gordon: Well I think that there is some error even here because $13,000
per unit in a multiple unit site is far in excess of what... I can name you a
dozen different areas you could find suitable land and place units. We're not
talking about a single-family plot, we're talking about a unit in a multiple
unit site, you're not talking about putting up single-family houses, are you,
Mr. Crumpton?
Mr. Crumpton: The proposal would vary in multiple -family, some small -family
units which would be in a smaller scale of multiple units, elderly and large
family units. Whenever you're trying to find units for 4 or 5, you have to
. This the realities of the situation.
Mrs. Gordon: These are not realistic figures you've just given us, 1,000 units
for $13,000,000, I don't believe it.
Mr. Plummer: Let me ask a question and I'm not a realtor. The real estate I
sell is very small plots. What are you considering if $13,000 is for land
acquisition, what are you figuring for the construction?
Mr. Crumpton: We're figuring somewhere in the neighborhood of $30,000 a unit.
Mr. Plummer: So you're talking about a total of $43,000.
(INAUDIBLE)
Mr. Plummer: $43,000 a unit for public housing, is that correct?
Mrs. Gordon: And they're not going to be big units, J. L..
1.3
SEP 1J16
Mr. Plummer: Okay, I'm trying to make a point, Rose. Is that correct, Mt:
Crumpton?
Mr. Crumpton: That's what the figures would add up to, yes sir.
Mr. Plummer: Okay, now I'll comment on later but the point I'm trying to drive
across is what about all of these proposals. The Mayor has stated that the
average single-family house is $25,000...
Mr. Crumpton: No sir, he didn't say that, he said $45,000.
Mr.. Plummer: Okay, $45,000. S2,000 more than what you're proposing for a unit,
I'm sure a house would be double the size of a unit, is that correct? In the
ballpark.
Mr. Crumpton: Conceivably so.
Mr. Plummer: Okay, now why in the hell don't they buy some of these existing
units, some of these condominiums that are going broke instead of going out and
taking two years or three years...
Mayor Ferre: J. L., let me get it through real quick -- it's against the law.
Mr. Crumpton: Well excuse me, Mr. Mayor. Mr. Plummer, it is proposed that,
and they are being reviewed right now of those particular structures that are
partially completed tl,-A: have stopped, gone broke or what -have -you, and they
are being reviewed as potentialities of purchasing those and completing them
and using them. That is only c,;ie of the methods that is going to be used,
vacant land is another to he purchased to build. Land that has structures on
it that are in the deteriated state are another approach. Another approach is
to even purchase existing apartment structures that need to be rehabilitated
and do so and use those where they can. There are certain restrictions by law
that precludes certain activities so that they can only function within the law.
Mr. Plummer: Let me tell you, friend, if we spend $43,000 a unit for so-called
low income housing, but let's forget about that, $43,000 a unit, this Commission
in my estimation can be pointed at as being one of the greatest contributors
to the inflation that there is. It's ridiculous.
Mrs. Gordon: There are any number of apartment units that could be purchased
and renovated at half or less than half of the cost that you're talking about...
Mr. Plummer: And you can move into them in 6 months instead of 3 to 5 years.
Mr. Crumpton: And these are being looked at.
Mr. Grassie: Mr. Mayor, if I could. A general comment. This is our first
experiment in Workshop in this Committee of the Whole session and it's going
poorly. Could I suggest that we take the next 5 minutes to try and determine
what questions the City Commission would like to have answered, needs to have
answered, and rather than ask you for a determination at a time when I think
you are not satisfied with the answers you're getting, I would prefer that we
come back with the kind of answers that you want and see if we could satisfy
you on these questions. There have to be logical answers or else it's not
reasonable to ask you to take a decision. That we concentrate on the questions.
It seems to me that the whole question of the cost of a unit of housing is
obviously uppermost in your mind, the question of the cost of land is uppermost
in your mind, it seems to me that the sharing of responsibility between Metro
and the City of Miami is important to you and you may have some other questions
that you want to highlight. If we can concentrate on those things, I would
rather satisfy you on them rather than ask you to make a decision...
f'
Mayor Ferre: Okay, I'll just state my opinion. Number one, I have a question
on $3,000,000 of community development funds being spent on land acquisition
and I would be satisfied if I see a substantial commitment in writing from
Metropolitan Dade County, if you're telling me they're coming up with $10,000,000
and we're coming up with 3, I think I would give that, consideration. If you're
saying that we're going to come up with 3 and that's it, then I think that Metro
would be its responsibility. Number two, on the question of target
areas, I have some misgivings about the direction that the community is taking
where the community action, target areas seem to want to become umbrella organ-
izations who want to be the spokesman, much more than spokesman, but the absolute
14
• L
•
determining factor from what gets done in the community and I am concerned about
that. I'd like to, and I'm going to answer Mr. , or I think per-
haps the Manager should, I noeise in the 7th of September Miami Herald
there was a letter that was giver: quite a hie] space in the Herald on a letter
written by Mr. which shows me that he is somewhat confused as to who
does what and how things are determined. The first of it, he says that every-
thing being done in Little Havana is being paid for by the taxpayers and that
just is not accurate and I think that he has to he informed as to where the
monies are coming from, that these are federal funds. Secondly, he is questioning
why we went to Wallace, McHarg, Roberts and Todd and I think that has to be
properly answered. I do feel that there seems to be some confusion in the
community as to who decides what and how it's decided and who is going to decide
it and I think that I am concerned about the trend that that's taking. Next, I
have no objections to the schedule that you have presented here starting in
February. I do think that we should give stronger emphasis to economic develop-
ment. I think that. $200,000 out cf $9,600,000 is definitely not enough and I
would rather see that we spend more of our funds in that type of a thing. On
the City-wide projects like tree planting, I've already expressed my strong
opinion that we ought to spend a substantial amount of money in what I think
is the most economic way of beautifying this City and that's planting trees and
with the regards to the contingencies for local auction which is location costs
associated with land acquisition; unforeseen increases in cost, special studies
of consulting service, additional funding for second year projects and matching
funds and so on, I'd like to have a little bit more specific explanation as to
what that $560,000 entails and lastly, on target areas locations, I think we
have to be very precise the definition cf how we're going to distribute
those funds and how ue ,eind to go about doing that and who determines that
and what priorities we're :;cinc; 7 ,c;t and how do we see the downtown area and
the Little Havana area and the othee seas, these would be the Miami comprehen-
sive plan and I don't think we can do it, with all due respects...
Mr. Plummer: It was 6.1 on the next page.
Mayor Ferre: 6.1 what?
Mr. Plummer: Target area allocations, discretionary fund and social services.
Mayor Ferre: It's $4,740,000.
Mr. Plummer: Now that's 6 and there is another 6.1. I refer to this one,
Maurice, right in front of the calendar. Now what I would like to know, do you
want us to just proffer our questions? Is that what you want?
Mr. Grassie: Well I'm assuming, Commissioner, that on the question of the
$3,000,000 for land acquisition, that you have some serious questions that can
only be answered through a full analysis of the planning for housing and the
sharing of costs between the City and the Metropolitan Government. Now if we
put that aside, I guess the other thing that you would want to do is to tell us
whether we need to do further work on any other of these items and as I under-
stand the Mayor's comments so far, it is the third item, economic development,
needs to be reconsidered and possibly expanded, that he has some question about
City-wide projects, particularly tree planting, as to whether or not that is
sufficient, he has a further comment that on the target area allocations, the
City Commission needs to set up some specific perameters within which the tar-
get area groups will be making decisions.
Mayor Ferre: Well, I have one other question and that is, the formula that you
would use basically goes on a population basis and on a poverty basis and
obviously Little Havana comes out es a big area. I do feel that downtown Miami
is not a residential community and. therefore I think it's rather unfair on the
downtown allocation, we've got to give it some kind of a facture because other-
wise, ladies and gentlemen, unless we make downtown healthy, it's going to be
very hard to make the rest of this community and I just don't agree with the
formula and I'rr, just expressing it openly now.
Mr. Plummer: The point I was trying to get to was this 6.1, Charlie, on the
Social Service Program.
Mr. Crumpton: This, item 6.1 which is your third page of this, fourth page of
this, is basically saying not to exceed 10% of each of the target area alloca-
tions for social services which was the policy that was adopted last year by
the Commission.
SEf
197€
Mr. Plummer: ,o in other words we're looking at a total of $474,000 being
spent for social servic'.s.
tkr. Crumpton: Yes <;ir, not to-xc:eed that. It's 10% of $4,740,000 allocated
to target areas.
Mr. Plummer: In other what you're using is 10%...
Mr. Crumpton: 10". of each target area allocation which was used last year and
accepted by the target area.
Mayor Ferro: I've expressed my opinion. One, the problem of housing, two, the
problem of economic: re -development which I think is too small; three, the question
of downtown, visa-vi population and the other things that I've pointed out on the
record.
Mr. Plummer: Charlie, let me ask one question which I'm sure a decision of
policy has already been set. Since the City has incumbered itself for $25,000,000,
is there any provision that actual City residents get a precedent on that housing?
Mr. Crumpton: All of the housing will be constucted within the City limits of
the City of ,Miami.
Mr. Plummer: I understand that.
Mr. Crumpton: Then as far as the occupancy of that housing will follow the
federal rules and rc..:iations on a listing basis. Now, the current listing...
(INAUDIBLE)
Mr. Crumpton: The answer is "no". People on the current listing will be taken
as they appear on the listing. The only advantage that City residents have is
that they constitute the majority of the listing but the basic answer is that
they will not receive preferential treatment and cannot, by law.
Rev. Gibson: Isn't it somewhat the intentional understanding of us who got
people to vote that money and those people did vote it, that the people who
live in the City would get first choice.
. Mr. Plummer.: Obviously not.
Rev. Gibson: Right. Listen, part of the selling deal was that.
Mr. Crumpton: No sir.
Rev. Gibson: Well I'll tell you this. I'm on the Housing Board and I'll be
doggoned if I didn't think it was that way.
Mr. Plummer: I thought charity started at home.
Rev. Gibson: Right, and spread abroad my brother.
Mr. Crumpton: Of the 1E,000 who are on the waiting list, over 15,000 of them
are residents of the City of Miami.
Rev. Gibson: Mr. Crumpton, we're not disagreeing with what you're saying.
What we're saying is... I want to point out to this Commission that it is
just so easy to be shafted if you're not careful. I think that this Commission
ought to take a position that the $25,000,000 is our money and the City, we
ought to take some serious consideration because you know what can happen --
you'll start playing; with that list, buddy.'
Mr. Plummer: Let me ask a question, Mr. Crumpton. Under this methodology, are
you recommending one methodology over the other?
Mr. Crumpton: We're not :raking a recommendation on methodology at this time.
It's to bo reworked and will come back at a later time as a suggestion of
methodology. We're nut making a recommendation at this time.
Mr. Plummer: So you want me to hide that paper.
Mr. Crumpton: Well no, we would be happy to make a recommendation on methodology,
I assume that that's what you're...
16
Mr. Plummer: Well you prorfer :- different methodologies. I'm assuming that
you're asking this Commission to select one.
Mr. Crumpton: Not at this time, ,,ir, heat we will eventually.
Mr. Plummer: Let me ask then tho next obvious question. If you don't have a
methodology in which to apply, how can you proceed any further?
Mr. Grassie: I think the important next step is to get the agreement of the
City Commission on the basics anu thlt is more important than staff proceeding
to work along some of these subsidiary questions.
Mr. Crumpton: There is much work c_.T be done before a decision needs to be made
or methodology per say and that'r. w;iy we would be coming back the latter part
of this month on methodology.
Mr. Plummer: Mr. Crumpton, I'r, moi2.v going to remind you, sir, that that
question, I think, was the upper_r.ost question last year brought forward and it
was questioned why one target area got far in excess of another target area
and the answer by the Administration as well as the Commission to those people
raising the question was that th-,.s wao something we had to take advantage of
this year and it doesn't necessarily mean that that will be a precedent setting
for years to come. It will be a natter of priorities and needs.
Mr. Crumpton: That's correct, sir.
Mr. Plummer: And I'm 'hei- i nr. that tfiat is not forgotten.
Mr. Crumpton: And that is r.et-. fcr ;. ea and that is why we will be coming back
with you the latter part of this mor.t,, i.rst part of next month, on a methodol-
ogy before we proceed too far.
Mr. Plummer: What do you want us to do today?
Mr. Grassie: Initially, Commissioner, what we had intended was that you indi-
cate your approval or disapproval c. the three policy questions that Mr.
Crompton outlined. I take it, fro:, your discussion, that you're not ready to
do that and I would suggest that the staff needs to get back with a follow-up
report to you.
Mayor Ferre: Any other question?
Mr. Plummer: May I make a suggestion, Mr. Manager, in the future that you get
a book that is a looseleaf tnat we can take these pages out rather than having
to dig the whole book out.
Mr. Grassie: Unless you disagree, I would intend to give you your agendas as
a packet rather than as a book. T have numbered each item, down in the corner
you may have noticed, so that you can relate the supporting material to the
agenda. We're going to make those numbers a little more obvious in the future.
Mr. Plummer: Fine.
Mr. Grassie: I think it might be more easier for you to work that way.
Mr. Plummer: So we go on then on the agenda, uh?
Mayor Ferre: Are there any other `omments on item 12?
Mrs. Gordon: That we clarify our po icy, Mr. Mayor, because when we went out
and sold the idea of the bond isuc, ra least it was my understanding that
our part in that bond issue was that we were going to provide the security for
revenue bonding. I was never told r.cr did I ever anticipate that any other
funds that come to the City of Miami were going to be used for land acquisitions.
This is new to me and I'rn a bit su:priseci by it because that $3,000,000 could
be well spent improving the City c.f xi mi in other ways so I'm just expressing
how I felt and how I understood. :r_,w if you all understood it different, then
that's something else again.
Mayor Ferre: I think you speak for thy, whole Commission. I think we all under-
stood it that way and my position again is one of question, I'm willing to be
reasonable that if I see that Metro is putting up the bolt of the money.
Jt,' •' lS�F.
17, DISCUSSION ITEM: SCHEDULE OF "MEETINGS FOR SOCIAL SERVICE PROGRAMS
FEDERAL REVENUE SHARING FUNDS
Mr. Plummer: Mr. Mayor, b.,i:,! ycu] mov!' onto 1 t, I've clot: to ask a question
that I think was overlooked and '•Ir. +.;r:rr>=ic, fortunately or unfortunately, what-
ever it be, you were not here last year. When we spoke of budget hearings, we
did not speak of a budget hearing in relation to federal revenue sharing which,
in the past, has been at best a circus in which people come down here for, I
think last year, about 2 days of full time to make application for federal revenue
sharing under social programs. Now for clarification of myself and the rest
of the Commission, what are you planning on doing this year? Are you going to
delegate a certain tim,? What is going to be done this year in reference to
social programs under federal revenue sharing? I am only asking for clarification.
Mr. Grassie: The answer depends entirely on what you're willing to do. Let me
put it this way. Assuming that one of the first things that you do in the
budget is ,either raify the amount of money that we have allocated for social
services or increase it and from the reaction I get from you, I think that you
are going to want to increase it, once you establish that dollar amount, if you
are willing to have the :staff follow through with social service agencies to
establish with them projects and budgets, we will do it that way. If you exceed
to the process of having Lhe're organizations all make presentations in front. of
the City Commission and make their arguments there, I think you're going to be
into a 2, 3, 4 day kind of process so again, it depends entirely on what you're
willing to do. 1f you are willing to allocate an amount of money and then make
the staff responsible for working out with the agencies how those budgets are
going to best hell agencies, we can do it but it's going to depend entirely
on your wil1in ne5 , eo ..cola on.
11r. Plummer: Let me jee : i;rino ,, iew points of interest to you. Number one,
regardless of what dollar figure is ac.ipted by this Commission, whether it be
the 9 or more, t_h,i'_' •. well and good except for those agencies who are so-called
"new" agencies who wish to be considered for either initial funding, additional
funding or what -nave -you. Now all I'm saying to you,. we tried that process
that you're saying last year and believe me, it did not work. We still have
the two days of hearings beferi' this Commission which, in fact, turned into
screaming sessions which, in fact:, turned into a circus. Now all I'm saying
to you, '•:r. Manager, is that: if that is your intent to follow the same process
that we used last year, I'm not in favor of it and I think it must be addressed
because if we're going to delegate more time, I think we've got to do it under
the umbrella.
Mayor Ferre: Well...
Mr. Plummer: Let me finish, Maurice. One position that we found ourselves in
last year was that many of these programs ran out the 31st day of September
and we were constantly giving them 2 week extensions, 1 month extension, 1 week
extension and many of the programs, in fact, had to close down the 31st of
September, the 30th of September, because they didn't know when, where or how
their additional dollars were coming.
Mayor Ferre: I want to cut you off, Mr. Plummer, because your good intentions
and my good intentions remind me of your and my New Year's Resolution not to
smoke.
Mr. Plummer: What? No, your resolution, Mr. Mayor, is that you would quit
smoking MY cigarettes...
Mayor Ferre: Well I've already done that.
Mr. Plummer: And you've broken that one too.
Mayor Ferre: Well the point is that it's 20 minutes to 12 and we've got two
important items that are not going to be settled in 20 minutes so let's wind
this one up and move along.
Mrs. Gordon: I have a question; (in this one to the Manager. Has your staff
prepared an analysis fur us on the quality of the programs that were funded
and their recommendation on whether or not they should receive additonal funds
or not be funded at all?
Mr. Grassie: My understanding is that that is almost completed. Yes, we are
doing it and it is almost done. I would like to make one comment to Commissioner
Plum.*ner's remarks and that is, your experience, Commissioner, is different from
mine in that I have tr u i e . ' , ee ehat I have outlined to you and it hag
been successful :`rom tee oo .nt of view of a City Commission. I suspect that
it was not the same pro rF ss .;sed last year.
Mr. Plummer: Well let. me ;ust say to Mr. Grassie, that I think you better
check. We've had three yE.ar-ti, if I'm not mistaken, of total kaos.
Mr. Grassie: Well t.her.2 is :31.,,%at a first time.
Mr. Plummer: I a;t ce e ed T.
Mr. Grassie: hut it i.., (joIn,-. ro
making sure that one _:
the staff is rjoin j ee a in.... _.,....
that you'll have eo decide.
Mrs. Gordon: Well i %Ilene ee
report prior to anyth.;r1,-; fury_lie,
right. and I'm wrong.
,-)n your determination basically on
:e standards and the guidelines, that
If you decide that, that's the only thing
mus:. important to help us to receive that
.o eidcussed about the entire subject.
Mayor Ferre: That
Mr. Plummer: .r,at': w:c;: i ,.; o a determination. What he's saying
is that he is i coiny, ..• r r ;, your mouth, he is hoping that this
Commission is going agiee or. �i,c is . t.a amount and leave it to the staff to
administer. I don't. .. t app sed to that but I want to see what is
going to halm_ < - -- . r>:.ilnes. That's all I'm asking because when
we spoke of Budget
I understand Mr.
dollar arioen t an:: ee
Mr. Grassie, am 1.
Mrs. Gordon: _ _:_
know what .:an,: c.c.
and then we can see i iOW
available.
..: speak of that as a Budget Hearing. If
:,u is saying, you the commission set the
when, why and where. Is that somewhat,
11. after he gives us a report and we
e acecss1 ul and which ones can be cut out
are really available or should become
Mr. Grassie: I = 4•<.:.t: : -•-." l Cnas discussion but in practice the final
appeal from any age,'cy i.si to be ,_o the City Commission. The whole key to how
you do business ie goi.,q toy:: pen on what you accept by way of appeals. And
I guess we're going eo haee ;.o week that out for you, it is going to take a
little time but it. earl be if .'re willing to do it.
'`a 18e PROPOSED CSB RUL.E
RECRUITMENT OF PERSONNEL TO INCLUDE
RL!. OF DADE COUNTY
(EFERRED TO THE CITY MANAGER)
Mr. Robert Paul.}:: TI..e Boar:: at its meeting on June 22nd proposed
a rule chance to ihu Civilcr .-:. _ t u1..s to broaden the recruitment base rather
than restri:;tiee to ._its :•i l: a broaden it to all of Dade County. The
hearing date was ..et fee July :ate: the board on that date adopted the rule
unanimously and as- d t.'.•.:.- awarded to the commission. The affect of
the rule is very ei.rrply ee ee_-c'_be 1 it to you. I could read it into the
record and think teat teat .,cf_i.a the appropriate thing to do. The residence...
or the particular s,er•tinr; =:21e1 as it exists today reads: "All applicants
must be reside::ts ei ..... C. t: • .-.. eeeae , •"_orida continuously for at least one
year prior to ` lie'; ':h : r �.i ^ ::. :t <,n >. -ept that restriction as to residence
may be waived b; the t. y. e•.>s.tions requiring special training or edu-
cation or ie the ev'_:.t recruitment efforts have failed to provide
resident extmi.*,o e nieot employment needs. But resident
examinees on t-,.e r ur . i _ .: i :. _A..:.,: r�, aster may be given preference in certi-
fication over r.o:: i : :: _ :-ef re ti':ied for employment an applicant must
establish and _ here ttt: i
that the board :n<..
interst of the C.+, of
"Applicants for emoioy:a• e
Dade County, Florhii ._..e
for employment. by the
Service Hoard for
event all reason:;,]:'.e
in sufficient nutn.l.er:, ~o
mr,i r' ein reeieeeee within the City of Miami except
: ci .ccrae.i;: if it deems it to be in the best
to do so." The proposed change reads:
::!r_! of Miami, Florida must be residents of
to reside within Dade County to be eligible
r:iaru . This requirement may be waived by the Civil
epecial training or education or in the
have failed to provide resident examinees
meet , r,;1:ec.,yn€nt needs or if the board deems it to be in
act_
the best interst of ehe City of ; ti to do so. Examinees who are residents of
the corporate limit:,. of "1:::5.. may be given preference in consideration
for employment over non -city resident examinees. Employees of the City of Miami
must reside within Dade County, Florida. However, the board may waive this re-
quirement upon the written request of an employee." Fssentially, there are some
things that are being changed. it is broadening the recruitment base; it is
eliminating the necessity to have resided within the City of Miami for the year
preceding the date of application: It is eliminating the necessity to have re-
sided within the city for the year preceding the date of application; it is re-
inforcing the requirement that applicants must reside within Dade County but yet
it is giving the opportunity to waive that so that an employee can ask for consider-
ation to move into an adjacent county. They are already doing this.
Rev. Gibson: Into what?
Mr. Paulk: Into an adjacent county.
Mayor Ferre: Bobby, let me ask you a question. This is something that came out
of the board and it has been in effect for a year or a year and two months. Right?
Mr. Paulk: Well, let me clarify that, Mr. Mayor. The rule has been this way for
many many years.... I understand what your question is.
Mayor Ferre: The requirement for the City of Miami which was something that was
brought up last year at the board and it passed 4 to 1, on person voted against
it, as I recall it was Charlie Hadley. And Charlie Hadley's reasoning, and he was
quite upset, he called me on this thing or I ran into him and he told me or he
said publicaliy, or I forget which; that he reasoning on it was that he thought
that the black community, there were an awful lot of good applicants that we were
going to miss if we _ius Made it strictly within the boundaries of the City of
Miami and therefore, he thought that we weren't doing the black community any
favors and therefore, he voted against it. I ask you this question. We had a
fairly successful year in recruitment Car both police and fire and as I recall it
just so happened that the percentages of blacks and Latins were extremely high
and as I recall the quality of those 106 that were put on there were extremely high
and I think the Fire Department felt the same way. If it worked last year why
wouldn't it work this year?
Mr. Paulk: You mean to keep it as the city? Well, obviously there are some things
that haven't been brought to your attention with regard to people who took residences
or addresses of convenience. A large number of people who placed on the register
for police officer did, in fact, do that. This posed some serious problems because
although they were qualified insofar as the examination that was administered by
I.R.C. and were placed upon the register, upon investigation it was found that a
lrge number particularly of minorities had falsified their applications insofar
as the residence or as to where they were supposed to have been living. They
weren't residents of the City of Miami. This was brought to the attention of the
board by the Police Department upon their investigation in checking the background %
of people who were being considered for employment as police officers. This has
not been the case with the Firefighter register. Once again, the rule has been
this way for many many years. On December 17, 1974 on the first drive for recruit-
ment under the Tri-Cultural Grant it was restricted to residents of the City of
Miami, enforcing the rule that was already in existence. It was in February of
1975 that the board reinforced its rule and restricted the residents according to
the rules so that it was restricting to residents only of the City of Miami and it
has been that way since that time with some exceptions. There are some few class-
ifications within which it has been very difficult to recruit people with the nec-
essary skills particularly in the secretarial kinds of positions where stenographic
skills are required. We apparently couldn't recruit in the city.
Mayor Ferre: Alright, now it is your opinion that this is a wise thing to do,
you concur with the board's actions?
Mr. Plummer: Well, that's not a fair question, Maurice.
Mayor Ferre: Well alright, the board recommends this since they voted 5-0.
Mr. Paulk: That is correct.
Rev. Gibson: Mr. Mayor, a matter of so grave importance it would seem to mo should
be tabled until the Manager. Remember, you've got a man who is in charge of guiding
this ship. A manager ought to be fully aware of the implications. He's just got
here. He's got to view the land. I think to do this now is inappropriate and not
fair.
Mayor Ferre: Alright, let me ask this question. Would it do this thing great
harm if we put it to September 23rd?
20
Mr. Paulk: I don't think it °...,.::• barn it at all.
Mayor Ferre: That would ei,._ mr. :`;ressie some time to think about this and look
at the merits of it and ::ere i .ec a.i..:. a recommendation.
Rev. -Gibson: Mr. Mayor, let me say this. Teanning an institution is part of my
business. That's it for rr;r. T?.is man wili find it with all the Budget Hearings
and all these other things, impossible? Now he must be the most unusual human
being in the world but I thin}; loa ought to give this man a reasonable amount of
time. Give him 60 days. If we have lived this far thus far we could live 60 days
more.
Mayor Ferre: That would put iL llth. Can we do that? We've got recruit-
ing problems.
Rev. Gibson: I see a1.1 Laic standing up now. Doggone it I get really up
tight, I'm going to get up tight today. You know we don't want to do... All I'm
saying, Mr. Manager and Mr. Mayor, is that man is in charge of this ship and I'm
not going to say any more than tat.
Mayor Ferre: Mr. Grannie, how r:;uch tl.me do you think reasonably you would need to
look into this thi:;c thorou;;h1v 7Jnd report to the commission? You set your own
time frame.
Mr. Grassier I'd like 4 nays, N,nor.
Mayor Ferre: Forty-five .'i_s wc;ui.d put it into the second day of October. Would
that be acceptable?
to Mr. Paulk: I don't se, 4-hit J harm it at all, Mr. Mayor.
Mayor Ferre: October Lrt... :.ees anybody h. e any objections? Captain Reese, any
objections?
Capt. Reese: No, we were 1arin r. ; tneligh in the next month or so to crank up our
recruiting program for excur.ir:Ateees t., be given maybe in March or so of next year,
it hasn't been scheduled yet.
Mayor Ferre: Let me put :.t t:::<<. You say 45 days. Right? Forty-five days
that would put it in +. inc _ecc:;d meeting of October. If you can put it on the first
meeting in October then we'll leave- that up to you. Ok? Any objections to that?
Alright, Mr. Naples.
Mr. Gene Naples: Mr. !'ayor, yo'a know it is all well and good that the Manager may
make a recommendation, but I believe under the Charter it is not within his prerogative
01. to insist on anything. He can go ahead and study it.
ro
Mayor Ferre: I realize that.
Mr. Gene Naples: The prerogative to make those changes is still within
the Civil Service Board.
Mayor Ferre: I realize that. and Commissioner Gibson has requested that
the Manager give us some advice, on that and I think he is entitled to that.
That doesn't mean the Manager s; going to make the decision.
Mr. Plummer: Let me ask a •,ties t ir)n,
Mayor Ferre: floes the final res'i ution of this, is that on the Civil Service
Board or does the City Commission need to approve it.
Mr. Paulk: The City C:or n' ..;ion n reds to ratify it by way of an ordinance
amendment.
Mayor Ferre: If the City Commission refuses to do that, then where are we?
Mr. Paulk: The rule Mae .�s i..=. .
Mr . Plummer: Let rug as t t•e e quet. ion. Somewhere this thing has branched out
and blossomed over. floes C.!Li:; ippy only to new applicants?
Mr. Paulk: That is correct.
MR. Plummer: There is no i.nent behind this to your knowledge that all employees
shall reside within the City or the County, that are already presently onboard.
21
StP :t I"��t
Mt. Paulk: No, sir.
Mr. Plummer: Some people are already concerned that there is going to be
a move made that all city employees will have to reside in either the City or
Dade County, and as you and I both know a great number of them do reside out of
Dade County. They are very much concerned. To you knowledge there is no intent
to present employees?
Mr. Paulk: No, sir. To clarify that those people who have moved out, they
were given approval. The modification of this does not indicate that they will
have to seek approval again.
Mr. Plummer: The Lord giveth and the Lord taketh away. The City Commission
giveth and they are scared the City Commission is going to take away. I can appre-
ciate their concern.
Mr. Paulk: That is not the intent however, Commissioner Plummer.
Mr. Plummer: Let's squash a few rumors if we can.So I make a motion we
defer it to no later than the 28th of October. You don't need a motion. This
is a Committee of the 1%'ho1e.
Mayor Ferre: I. wot like to express one opinion. Even if the Manager were
to concur with this, it sterns to me, that you shouldn't extend it beyond the County.
I don't see any reason for somebody, to be living up in Hollywood and working in the
City of Miami. Dade County is plenty hig.
Mr. Plummer: They are getting cheaper insurance and taxes.
Mayor Ferre:Anything else on this item? If not we will take up item 14.
19, CITY MANAGER - PENSION EMOLUMENTS
Mayor Ferre: We will take up item 1114.
Mr. Plummer: The funds that will be provided in this agreement, will
not be funds from the pension funds but from the general fund as a city contribution.
Is that correct? f
MR. Grassie: That is correct.
Mr. Plummer:It will not be comingled at any time with pension funds?
Mr. Weston: Right. When you any time, that is initially
Mr. Plummer: If he so elects he can do it. So it is 5 years, prior, what is vested interest, Frank?
Inauidible reply.
Mr. Plummer: Is this an account which will be established and will it
be a city account or will it be the Manager's account?
Inaudible.
Mr. Plummer: Let me understand the mechanics. For the first 5 years, if he
were to leave prior to that or teminate prior to that, all he would get back would
be his contributions, plus 4%.
Unidentified person: Correct.
Mr. Plummer: For the second 5 years,
Unidentified person: Anytime after the first five years, if he leaves, he
would take his own contributions, plus the city's contribution, plus 4%.
Mr. Plummer: That 4% I am assuming is not going to be paid by the City. The
4% will he paid from the interest on the money and if money is drawing 8%, 4% would
back to the City , 40 would be. c. _11,_ed to the account.
After 10 years he has vested right.
Mr.Clark: After 10 years he has a right to continue on as he has been doing,
or may become a members of the Plan and anytime after that time, assuming he
becomes a member, he would also i.lve Lhe right to leave prior to his reaching
the normal service retiremen< <i.�r 4Dd then he could get his regular retirement.
Mr. Plummer: In cthe 'wnr .., the ':'tanager would have to make a determination
at his loth year as to wheel' or not he wishes to go his separate way or the
City way.
Mr. Clark: He has an .option.
Mr. Plummer: Does he aave ):o mraKc a determination at the loth year?
Unidentified person: No.
Mr. Plummer: He can uo it . nytime after that?
Unidentified persrri: (. 1rrF
Mrs. Gordon: 1 think unaeratand everything, but the interest that is
being accrued on the , oi. being placed in that special account, all
money that goes :n ti, rE ::or.est, nothing can be withdrawn or any portion
of it during that ter- _ :vireo
Mr. Weston: Not ,ihLil L happening or -oe of the contingent events. None
of the money could be withd:.ewh until the hapaening of one of the contingent events,
either he reaches thE. ,.ine o r;.re, but until one of these happens, it will stay
in that fund.
Mrs. Gordon. The in-c:r�r..F_ cu,,eound and grow.
Mr. Weston: Correct.
Mrs. Gordon: Do we act on his now or. later?
Mr. Plummer: Rose T have olfe aur`her question. This really is unfair to ask
of these two gentle;nen. Actuarially, let's assume that in his loth year, he chooses
to become a member of the Cit.pension, ;ve know that actuarially on a mortality rate
4% is not going to cover 1... Is the eity's intent to make up the difference, to make
him actuarially sound in that pin: or ai) it expected that the Plan is going to have
to pick-up that difference? There is :.ping to be a difference.
Mrs. Gordon: Was 4% anywhere in here spelled out?
Mr. Plummer: Ye:;.
Mr. Clark: The or,;1.,1:ir. t. providers that the rate will be that
which would be required as is he were a member of the Plan, meaning that the
rate will be actuarially set as he gees along through his period of employment.
There'should be no gap,--- --_
Mr. Plummer: rou are taikin6 dnout the City's contribution?
Mr. Clark: I am talking about '.he City's contribution and his.
Mr. Plummer: No, rii `. 1 ze't e>:J ordinance.
Mr. Clark: Hi-; is <_t b_r , rdi-nin e because the actuary determines that
ordinance or lays tht basis the ordinance rate, and it will continue to be
as described by or o i none e , h s -. o.? tr ihut ion and the city contribution.
Mr. Plummer: His :outr Dutiu:z will be 7 1/2% of his salary . Correct?
Mr. Clark: Whatever the ordinance requires, as if he were a member of the
Plan.
Mrs. Gordon: Further carii_cation on the interest, interest on interest
so to speak, it would ne placed in any interest bearing account that would give the
greatest return, I would ossi:;re .
Mr. Clark; The ordinance as it is before you says that the interest will
be computed as it is under the plan. So whatever system is used under the Plan
that is the same basis that the interest will be computed as far as this account
is concerned.
Mrs. Gordon: Who is going to hold the money?
Mr. Weston: Finance Director.
Mrs. Gordon: 1t is not going to he placed in a financial institution?
Mr. Weston: Placed on deposit.
- Mrs. Gordon: Some pay a greater amount of interest than 4%. You are talking
about 4%.
Mr. Weston: We don't have control of that in our department. That is under
the control of the Finance Director.
Mrs. Gordon: Nothing limits it to 4%.
Mr. Weston: Nothi:i limits it to 4%. It will get the best return possible.
Mrs. Gordon: Certainl.r. it staff:: in the account. The account grows.
Mr. Plummer: I recommend this be adopted as is.
Rev. Gibson: Am I to understand that he will get
4%.
Mr. Plummer: If he were to leave he would his money back plus 4%.
Mrs. Gordon: Not all monies that have accrued?
Rev. Gibson: Would that be 4Z of the total that is accrued, or 4% on his
money?
Mr. Plummer: Only on his money. He would what he had paid in back, plus 4%
in the first 5 year contract.
Rev. Gibson: Are we going to get precisely those words?
Mr. Plummer: It is in there Father. In the wording.
Rev. Gibson: Is that going to be our understanding. Let me tell you why
I raise this question. I have a long memory. When we were dealing with Mel Reese,
do you remember that?
Mr. Plummer: How well 1. do.
Rev. Gibson: I want to make sure Mr. Grassie, I may not be here when that
decision has to be made, but I want to make sure you understand that you are only
going to get 4Z of the money that is in that account, based your portion of the
money. Do you understand that? You see, it is very important.
Mr. Grassie: Commissioner, I really have very little interest in this question.
Compared to the amount of time that this commission has spent on some important
issues, this morning, 1 find it ridiculous that we are spending this much time
on a question which to me is relatively academic. The City Commission agreed to
do something which 1 didn't ask for to begin with. I have no interest in dis-
cussing it publicly.
Rev. Gibson: :•ir. (era:, is let me say this to you. Sometime you need to learn
you can't teach old dogs new tricks. Okay. I want to tell you this, that this
issue ought to be straik,htencd out right now, if it takes us all day. I will tell
you what I saw happen. No, I wouldn't tell you, read the record.
Mr. Plummer: Let me ask you a question Mr. Grassie for clarification. I)o
I understand that you didn't ask for this and is it the case that maybe I read
between the lines that you necessarily don't want this?
Mr. Grassie: Commissioner when I was considering coming to the
city of Miami one of the things the City offered, not because I asked for it,
but because they offered it, was this particular device for vesting pension
rights earlier than otheroviso would he the case. It seemed to me a reasonable
suggestion. I don't disagree wi`h it now. Frankly when you are recruiting nationally
for department heads, for pzofe .:-ion:i1:,, that doing at least what you are proposing
here is going to he nr.c,, s ,+r :. hut vnat i am saying to you is, it is not the kind
of question I want to a�.rue aho>it. Tihi:, is something you offered. If you want to
do it, do it.
Mr. Plummer: 1. thought i. made it very clear from the beginning Mr. Grassie
that we wern't speaking, tc \ ou ar- 211 r,.iividual but to the office of City Manager.
We are asking the qu:'st. ion T thought I read that he wasn't the one
who was interested in it, 'l 'iyor, ; blink Father Gibson happens to be absolutely
right. If you will recall '-0mc 4 hours in an afternoon trying to interpret
words that were given 14 v'ar., ,,revicts, and if you can settle them now in an hour,
let's do it now rather than fir hours later with a lot of hard feelings.
Mayor Ferre: Where are we?
Mr. Plummer: I :nova w ' adopt this. That is the procedure under the
workshop.
Mrs. Gordon: I seq.: :,,.
The above motion was and adopted ':y a unanimous vote of the
Commission and designated Motion No. 76-775.
( Item 71-A for adoption of Ordnance on First reading).
20, BALLOTING PROCEDURE AND FLLCT I ON OF NEW CITY ATTORNEY
Mayor Ferre: Have :' ._he rembers of the Commission interviewed
the applicants, --the 5 recomrnondat:,rns from the City Attorney?
Mrs. Gordon: I have.
Mayor Ferre: Have you al Geea them?
Mr. Plummer: No, sir.
Mayor Ferre: You have seen how :zany? Four of the five?
Mr. Plummer! Yes.
Mayor Ferre: Do you want to interview the 5th one before we take
this up?
Mr. Plummer: Mr. MayorI will answer only this. The 4 that I interviewed
had the initiative to coma fort)-, and ask for an appointment which I did and felt
that they had the initiative that I granted the time. The 5th one did not, and
no, sir, I do not,
Mayor Ferre: Are you .ca;: and willing to vote at this time or do you want
to go through a hearing procet,s. Vat ih the will of this committion?
Mr. Plummer: I am ready now, sir.
Mrs. Gordon: I am ready now.
Mr. Rehoso : 1 um read;. how.
Mayor Ferre: This Coni ission is now ready to vote for the office of City
Attorney. I,et nee pref.v It t;y s ;ping that in my opinion, that we did the right
Ching, in going to an advisory ooard of 5 people and I want -to tell you I have
read the Minutes of those ht;_trl.roarc am impressed. I think they did a very
coinv ndabie job. f tt.tnk that rht pe.,t>ie they have come up with are all exceptional
people. I have seen at ]enrgh all 5 .)f them and it seems to me that we would be
honored and pleased with anyone of ri;o `.. 1.4rnatever the outcome, I want to say at the
SEP 15;
outset that I think we have 5 exceptional candidates. I would be please and
honored to have anyone of them.
Now the City Manager has,---T took the liberty personally of asking the
Manager to see each and everyone of these people. I think it is unfair and not
proper for the City Manager to comment publicly on who he feels the City Attorney
should be. 1 thought it was important that he have the input before hand and that
if any of the Commissioners wanted to discuss it with him, that they could. I
took that Liberty of doing that and got his input.
Let's take a few -minute break.
Mayor Ferre: Would you all sit down now. We are ready to vote. I see we have
a full commission meeting.
At this time the chair will announce the procedure of voting and if there
is any hesitation or doubts, trepidations or otherwise on the procedure. I would
like to be told. Now listen. I would like to recommend that we do this in the very
same way we did the City ?Manager. I will open up for nominations. You will each
nominate one person, if you will.. You don't have to. The finalists, whoever they
are, if there are 2,3,± or 5, (can't be more than 5, obviously) will then be put
up and you will write the name of the person down, and pass it to the City Clerk.
The City Clerk will open the ballots and count and give us the results. If the
tally is 2, 1. and 1, it will be a second vote, and 3rd,4th and 5th and whatever
number of votes until t an get 3.
The third possibilit_. is Hat it be 1,1,1,1,1, if we have 5 nominees.In that
case we will have to ke,. ,, vot inr t i 1. we get 3.
The fourth and last possibility i!-; tat there are two people that will get two
votes and the third cue w il' ,:et one. Those are the only mathematical combinations
I can think of. If that is the case, then the two individuals that got two votes
will be in a runoff and whoever get three votes will be the City Attorney.
Is there any objection to the procedure as outlined? If not,
Rev. Gibson: Are we taking the last position?
Mayor Ferre: No, I am saving that i can think of four possibilities, ----one,
that one gets two votes, and the other three get one vote, that, if there are 5 nominees,
each gets one vote, in which case we will continue voting until somebody gets either
2 and 2 or 3, in which case he is the nominee. If the person gets 3 at anytime, he is
the City Attorney. The only other possibility is, if there is a tie of 2 and 1, at that
point the person that gets one is eliminated and there is a runnoff between the persons
who gets 2. The same way we did it for City Manager. Any objections to that?
0
Mr. Reboso: That is based on the fact that you have 5 nominations. Maybe you
have 2 or 3.
Mayor Ferre: if you only have 2 or 3 then the first possibility is out the
window. Obviously you can't have 1,1,1,1,1. Then the other 3 possibilities are possible.
Mr. Plummer: Mr. Mayor just for the record. I am not indicating and I hope
it does not get into that, but aren't you putting one commissioner in a spot if
it gets down to a 2,2, and that commissioner is the socalled swing vote, cannot
vote for either one of those in good conscience.
Mayor Ferre: Mr. Plummer that is always the case, whenever you serve on
on public body.
Mr. Reboso: You can abstain.
Mr. Plummer: No, you can't
Mayor Ferre: I would say that is the procedure we followed with the Manager
and I think that is the procedure we ought to follow in this case. If you feel
differently
Mr. Plummer: 1 am saying that is a possibility. You said there was no other.
Mayor Ferre: That is life. That is the way things go. It will be open
nominations. I don't care who goes first.
Mr. Plummer: I will be glad to start it Mr. Mayor. I will not go into any
long campaign speech, I will nominate the person who was the only one of the 5 who
received the unanimous ballot of the committee, Mr. Joe Gassen.
26
Mayor Ferre: We have a nomination, Mr. Joe Gassen. Is there a second
nominee?
Mr. Reboso: Mr. Mayor at this time I want to place a nomination for
Mr. George F. Knox Jr. former :"•.:;.- s t ant City Attorney and right now an assistant
professor of law at the University of Arkansas.
REv. Gibson: I uomint�.± Mr. '.'i1kie Ferguson.
Mrs. Gordon: T have ,() •n, v ._-ion.
Mr. Plummer: Just for c.lz;rification Mr. Mayor one of these candidates did
come to this community, a-w " wait L is established before the vote whether he
wins or loses, and whethr J vc:.` rw- him or not. One of the members of the
5 came to this city at his owa e;;p 2nsc and his own initiative to be known to
the Commissioners. I think Mr, _'.r or we should establish that in the same way
we availed the positic,ns o, city :manager to come here at city expense. But this
individual should be :-cimbur:=od h- t},t city f,,r his travel time and travel and I
am hoping since 4 of .ttcm and one is from out of the community, that
this commission will see fit to reimburse that individual whether he wins or loses.
Do you understand what I am saying?
MayorFerre: 1 cc-„:
Mr. Plummer: He t. L ,. of the 3 names nominated.
Mayor Ferre:I thir.l, th reasonable and justified. I will now ask if
there any other nomination t _ me before this board.
Mrs. Gordon: Do you with i. rake one Mr. Mayor?
Mayor Ferre 1 am not gc21 aJ�.r any, `like I did not last time.
I close the nomination. Then:. -arc three candidates for this job.
Mrs. Gordon: Let me compliment the committee on the hard work they did before
start our voting.
Mayor Ferre: We have Gassen, Knox and Ferguson. Are there any other
nominations? That's it:
If you will take paper and vrite down who your preference is, and write
your name on the bottom so w- don't have any problems with the 'sunshine.'
Mayor Ferre: Present the tally.
Mr. Ongic, Cit :,c:k: iailat.Nl. 1, Mr. Reboso votes for Mr. Knox, Mr.Plummer
votes for Mr. Gassen, Mayor Fer!c""otes for Mr. Knox, Mrs. Gordon votes for Mr. Gassen,
and Father Gibson votes for Mr. Knox.
Mayor Ferre: Them we don't have to go into second ballot.
Mrs. Gordon: I move Mr. Mayor that this be made unanimous.
Mayor Ferre: There is a motion that the vote be unanimous.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-776
A MOTION UNANIMOUSLY ELFC?ING AND APPOINTING GEORGE KNOX AS CITY
ATTORNEY OF THIS. CITY (F MIE'MI
Upon being seconded by Cuanmib over Plummer, the motion was passed
and adopted by the foilowin>; Jute.
AYES: Cocnm Lsi ctl c r Reboso
Commissioner (Rev.) Theodore Gibson
Coµmiissi ont r J . I. Plummer, Jr.
Vice -Mayor lose Gordon
Mayor Maurice A, Ferre
NOES: None.
.,SFP_
Mr, Reboso: Mr. Mayor I don't know if you realize that, ---the people realize,
(I know you do) that this City Commission is making history, appointing the first
Black to be director of a department of the City of Miami, in the 80 years the
City has been established. I am very proud.
Mayor Ferre: In addition I would like to add, aside from that, Mr. Knox in
my opinion was certainly the most qualified individuals. I am not at all afraid
of his youth. He is 33 years old. I think he is a man who is going to show a great
deal of understanding, not only of the social problem but just as important, of
the legal problems that are besetting the City of Miami. I think we will have
an exceptionally fine, astute and capable City Attorney. I am very happy he has
been selected. I think he is going to do us great honor and justice. I would like
if you would, Mr. City Manager, to have somebody place a phone call to Mr. Knox.
I guess you will have to call him in Arkansas.
Mr. Plummer: Mr. Mayor let me make a comment as it is reflected in the record.
I did not vote for Mr. Knox. I voted for Mr. Gassen. I want the record clear that
I felt very comfortable with the four people I interviewed. Mr. Knox had some out-
standing features that were going for him and in my mind foremost, that he formally
was in the department. Idon't want it in any way, my vote to reflect, that T don't
have confidence in Mr. Knox. I think he will do a fine job. I. feel very comfortable
with his selection and I personally think he will do a good job. I want the record
to reflect he will have .,y full cooperation to assist him in any way to do a better
job.
f
Mrs. Gordon: I would like the record to also reflect that my vote was a very
tough one for me to make. I prefaced my vote upon the committee's unanimous selection
and for that reason I voted with Mr. Gassen first. However any of the other nominees
I felt were qualified and are qualified. I give extra credit points to experience
and for that reason I did not make Mr. Knox my first nominee. I felt Mr. Wilkie
Ferguson, extremely well qualified to handle the position. The other person also
well qualified. WE will support Mr. Knox in his endeavors, all of us I am sure as
a total body.
Mayor Ferre: I am going to say something. It is appropriate that I explain
my vote. I think any of the five, would do a good job. I voted for George Knox
not because he is Black, though it is a factor. When I look at what the City of
Miami needs in the future, he was not in all categories No. 1, but when I averaged
the different factors that came together, there was no question to me that he was
No. 1. If I were to select the most experienced and probably the most knowledgeable
attorney, I would have voted for Mr. Gassen. If I had picked the individual who
I thought would be the toughest and the one that would probably move the quickest
in all the things that need to be done, the one who have the most tenacity, I would
have to take first Mr.Averell then Judge Ferguson. I think both Mr. Averell and
Judge Ferguson are exceptionally qualified. Judge Ferguson is a man with an impressive
record, he was a Captain of a paratroop unit. He is a man of wide range experience.
He had maturity at age 44. He had a distinguished private practice. The man had a
lot of qualities going for him. I think Joe Averell as I said is the probably the one
who perhaps, not as knowledgeable but the most tenacious and the one who would have
brought the greatest sophistication to the job. I think Mr. Matthews is also highly
qualified. I think he is the oldest, of the three Black candidates and the one with
the most experience. I thought he would bring a certain wisdom and maturity to the
task.My vote for George Knox is based on the following reasons. No. 1 I am not at
all concerned with his youth, even though T would be concerned with his experience.
I think the almost 4 years of experience is sufficient to give him the broad scope
that is needed. I think the fact that he went to Michigan State and then the University
of Miami law school adds a special dimension of a broad vision that I like.' think
the fact that his wife is a lawyer, and is passing her bar examination speaks highly
of the motivation within that family of two. I was impressed by the remarks he made
to us when he left, was probably the deepest, most precise bit of wisdom we got from
the floor as we heard these things. 1 was impressed. It wasn't hitter. It wasn't vin-
dictive ---he was leaving, --he could have said anything. It was a wellreasoned, hard
logical no -fat statement. It went right to the meat of the matter. I think the fact
that he has gone off and become a professor of law for a couple of years, is good.
I think that gives a man time to look, and think, and reflect on things. I think he
is well versed in law and I think he is a man that is going to get along. He strikes
me as the type of person that can get along with people. I think we are not at a stage
of confrontation. I think we are at a stage of being able to mold, and bring people
together at the bargaining table and reason. And yet I think it must be done forcefully.
I don't think it can be done weakly. I think Mr. Knox has the right kind of temperment
and the right relationship with others, and within himself. I think he is the kind of
r
man that strikes me that has a peace of mind and setenity,which even though he is a
young man, this job is going to require. He strikes me as a man of patience and yet
I don't think he is going to be a pushover for anybody. He is going to be firm. I
think he is a man of great patience and with all those things together, I voted for
him for those reasons.
Mr. Weston: Mr. Mayor may T say something? You just made me a prophet because
I told George Knox when Fie. werked f cr us before, it was only a question of time
before he became theCity Attorney.
Mayor Ferre: T think it is very appropriate at this time that we commend
Frank Weston for the wonderful job he has done in holding the fort together. I
think he is an outstanding public servant. He is a fine attorney and a man I think
the City of Miami is, and should be proud to have on the team.I certainly hope
you will be able to work well with Mr. Knox and the City Attorney's office will
continue to function efficiently and prosper and grow into the type of job the
people of Miami expect from our city and have gotten from our City Attorney's
office.
Mr. Weston: There is no question. I can work with George Knox. We have done
so in the past. He is a very fine person.
Mrs. Gordon:When vi . he come onboard.
Mr. Weston: I hav ,-'t. u,iy i de.
Mayor Ferre: Do we have call in for il,m? I asked him that question and
let me tell you what he told me. You know he is a law professor at the University
of Arkansas. He said the Dean had asked him, ---he told the Dean naturally, that
he had this potential commitment, --the Dean asked him to make a commitment that Ile
would stay at the law school at least through the first semester and be here
in January and he said he could not make tat commitment. That is what he told me.
I think what he is saying he is available when we need him. Ithink classes have
already started.
Why don't you replace
advise him.
So you don't have to learn the Lesson the way Paul Andrews had to learn it,
I would advise you in the future to leave at least an hour and a half between, --
two hours really, because we never finish at twelve.
the call for say,
two o'clock and at that time we will
Mr. Grassie: My agenda was done two minutes after 12:00 Mr. Mayor.
Mayor Ferre: That may he, but the problem is we don't go by your agenda. We
go by our agenda.
Mr. Grassie: I understand.
Mayor Ferre; Let get back at quarter till two, sharp.
29
/F
LANDSCAPING - N.E. 4 Cr, BETWEEN
21, ACCEPT COMPLETED WORK: 54TH AND 79TH STREETS
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-777
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF TROPICAL
LANDSCAPE CO. FOR THE CONSTRUCTION OF N.E. 4TH COURT HIGHWAY
IMPROVEMENT H-4360 (BID "C" LANDSCAPE PORTION) IN N.E. 4TH
COURT HIGHWAY IMPROVEMENT DISTRICT H-4360 (BID "C" LANDSCAPE
PORTION) AT A TOTAL COST OF $36,543.50; AND AUTHORIZING A FINAL
PAYMENT OF $5,005.35
(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
CA-,Amissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Mauric A. Ferre
NOES: None.
Mayor Ferre: In the future Mr. Grassie, would you put on each one of these
things, if it has your recommendation. Obviously it does if it is on the agenda,
but just for the record.
Mr. Grassie: I would like, if you would, assume, that if I put it on the
agenda that it is recommended.
Mayor Ferre: Anything that is on the agenda but not otherwise marked has
your recommendation.
Mr. Grassie: Unless it is a discussion item or something of that type.
Mayor Ferre: Well, I don't want any confusion on it. I think the simplest
thing is, that the girl won't take too much longer typing in there 'Manager
recommends.'
Unidentified person: It is in the 'whereas' clause Mr. Mayor that he
recommends.
Mayor Ferre: A lot of us don't read the 'whereases.'
22, ACCEPT COMPLETED WORK:
REBUILDING OF N,E, 59TH STREET
N,E, 2-4 AVES AND N,E, 3 AVE BTW 58=59 TR,
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-778
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF ALMAR
CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF N.E. 59 STREET
HIGHWAY IMPROVEMENT H-'392 (BID "B" DRAINAGE) IN N.E. 59 STREET
HIGHWAY IMPROVEMENT DISTRICT H-4392 (BID "B" DRAINAGE) AT A TOTAL
COST OF $24,010.51; AND AUTHORIZING A FINAL PAYMENT OF $3,274.33
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
1
30
SEP -91976
Upon being seconded by Commissioner Gordon, the resolution was passed and a
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J.L. Plummer, Jr.
Commissioner Rev, Theodore Gibson
Vice -Mayor Rose Cordon
Mayor Maurice A. Ferre.
NOES: None.
CONSTRUCTION OF DRAINS & DRAINAGE SYSTEM
23, ACCEPT COMPLETED WORK; BTW N,W, 18=27 AVENUES
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-779
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION BY D.M.P.
CORPORATION OF GARDEN HIGIiv:A.' IMPROVEMENT H-4374 (BID "E"
DRAINAGE) IN C! "N HIGHWAY IMPROVEMENT DISTRICT H-4374
(BID "E" DRAINA6 OPAL COST OF $383,928.06 AND
AUTHORIZING A i'..:,!. PAYME, .. $38, 392. 81
(Here follows body o, resolution, ^-fitted here and on file
in the Office of the. Cr.; Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Corr::iss:. ne, Manclo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
2/' WAIVE REQUIREMENT OF A+AAA AWARD BID TO A MINORITY CONTRACTOR
MOOREFINANCIAL RATING MOORE PARK IMPROVEMENTS
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-780
A RESOLUTION WAIVING THE REQUIREMENT OF THE CONTRACT DOCUMENTS
FOR THE MOORE PARK EAPROVEM ENTS -1976 WHICH REQUIRE THAT A FINANCIAL
RATING OF A+AAA BE POSSESSED BY THE INSURANCE CARRIER ISSUING THE
PERFORMANCE BOND AND INSURANCE FOR SAID PROJECT, AND AUTHORIZING
THE AMENDMENT OF THE CONTRACT DOCUMENTS TO REQUIRE THAT THE INSURANCE
CARRIER ISSUING THE PERFORMANCE BOND AND INSURANCE FOR SAID PROJECT
ONLY POSSESS A B+BB-r FINANCIAL RATING
(Here follows bod'; of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commi ,;loner Gibson, the resolution was
passed and adopted by the following vte-
AYES: Commissioner Manolo Reboso
Corimissic ,it r J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; None.
SEP-9197&.
25, ACCEPT HIGHWAY RIGHT OF '�►AY DEED REX ENGRAVING & JULIus MILLER ET AL
5 STRIP -GARDEN HIGHWAY IMP,
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-781
A RESOLUTION ACCEPTING HIGHWAY RIGHT-OF-WAY DEEDS OF DEDICATION
FROM REX ENGRAVING OF MIAMI, INC. AND JULIUS MILLER, ET AL,
CONVEYING TO THE CITY OF MIAMI, FOR HIGHWAY PURPOSES, THE WEST
5 FEET OF LOTS 12 AND 13, AND ALSO LOT 14, BLOCK 5, OF DR. BURKHART'S
WINTER GARDENS 1ST ADDITION (5-22); AND DIRECTING THE PROPER OFFICIAL
OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconder by Commissioner Gibson, the resolution was
passed and adopted by ttic following vote -
AYES: Comm1,:-1 oner Manolo Reboso
Commissionec J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose: Gordon
Mayor Maurice A. Ferre
NOES: None.
26, ACCEPT HIGHWAY RIGHT OF WAY DEED ERNESTO & EDITH T. GONZALEZ
20" LoT 2, BLK,3 ANDRES RESUB,
Z VARIANCE)
Mayor Ferre: Does the City Attorney recommend this one?
Mr. Weston: The City Attorney recommends.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-782
A RESOLUTION ACCEPTING THE HIGHWAY RIGHT-OF-WAY DEED OF
DEDICATION CONVEYING TO THE CITY OF MIAMI THE EAST 20 FEET
OF LOT 2, IN BLOCK 3, OF ANDRE'S RESUBDIVISION OF A PART OF
PEARSON'S SUBDIVISION IN THE CITY OF MIAMI, FLORIDA (6-143);
AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO
RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
SEP -9197E
RESUBDIVISION OF PORTION OF "BISCAYNE ISLAND"
27, EASEMENT - FOR PURPOSE OF CONSTRUCTING STORM SEWER WITHIN 1�
STRIP
Mayor Ferre: Does the Manager recommend?
Mr. Grassie: Yes, sir.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-783
A RESOLUTION ACCEPTING THE GRANT OF EASEMENT FROM NATHAN SEGEL
AND ESME M. SEGEL, HIS WIFE, FOR THE PURPOSE OF CONSTRUCTING,
LAYING AND MAINTAINING A STORM SEWER WITHIN A 10-FOOT WIDE STRIP
OF LAND LYING WITHIN LOT 27, AND A PORTION OF LOT 26, IN BLOCK 1,
OF "RESUBDIVISION OF ,A PORTION OF BISCAYNE ISLAND" (40-34); AND
DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME
IN THE PUBLIC RECORDS OF DADE COUNTY
(Here follow:; body of resolution, omitted here and on file
in the Office he City Clerk.)
Upon being seconder by c.mmi,s Gibson, the resolution was
passed and adopted by the fo?lownvote-
AYES: Co:.ri.i:,_ i or.er Mann Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
28, ACCEPT PLAT - COLROSS SUBDIVISION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-784
A RESOLUTION ACCEPTING THE PLAT ENTITLED FIRST ADDITION TO
COLROSS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI,
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTH-
ORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the followir. vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
33
SEP -91976
AUTHORIZE CITY CLERK
29, TO PUBLISH NOTICE
OBJECTIONS TO ACCEPT COMPLETED WORK
N,W, 29TH STREET HIGHWAY IMPROVEMENT H-4361
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-785
A RESOLUTION A[1Tl1ORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION OF N.W. 29 STREET HIGHWAY
IMPROVEMENT II-4361 IN N.W. 29 STREET HIGHWAY IMPROVEMENT DISTRICT
H-4361
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded try Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
:'mmissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
HAMMOCK SANITARY SEWER IMPROVEMENT SR, 5411
30, ORDERING RESOLUTION:
CENTERLINE AND SIDELINE SEWER
Mr. Grimm: This is ordering a district, Mr. Commissioner. It is about
600 thousand dollars worth of work. We will be back to confirm this district
after we have held our public hearing and notified all the property owners.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-786
A RESOLUTION ORDERING HAMMOCK SANITARY SEWER IMPROVEMENT SR-5411-C
(CENTERLINE SEWER), AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS HAMMOCK
SANITARY SEWER IMPROVEMENT DISTRICT SR-5411-C (CENTERLINE SEWER) AND
ALLOCATING $5,000. FROM THE "SANITARY SEWER BOND FUND" TO COVER THE
COST OF PRELIMINARY ,AND INCIDENTAL EXPENSES
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; None,
34
SEP -91976
The following resolution was introduced by Commissioner Plummet who
moved its adoption:
RESOLUTION NO. 76-787
A RESOLUTION ORDERING HAMMOCK SANITARY SEWER IMPROVEMENT SR-5411-S
(SIDELINE SEWER), AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS
HAMMOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5411-S (SIDELINE
SEWER)
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
IPP NOES: None.
HARRY, OPPENHEIMER, Ross & ASSOCIATES
31, ESTABLISH DATE OF WORKSHOP PLAN FOR REDEVELOPMENT OF COCONUT GROVE
MEETING: INCINERATOR INTO A PARK
Mayor Ferre:
Mr. Manager could we fit this
Mr. Grassie: We could certainly try.
into the 23rd?
Mayor Ferre: That is my recommendation. Does anybody object to that? That the
workshop with Harry Oppenheimer, Ross & Associates be on the 23rd of September.
MOTION No. 76-788
A MOTION ESTABLISHING THE DATE OF SEPTEMBER 23, 1976, AS THE WORKSHOP
CONSULTANTS HARRY, OPPENHEIMER, ROSS & ASSOCIATES FOR PRESENTATION
OF PLAN TO REDEVELOP COCONUT GROVE INCINERATOR TO GRAND AVENUE PARK
The above motion was passed and adopted by a unanimous vote of the Commission.
32, APPOINT VICE MAYOR GORDON AS COMMITTEE OF ONE TO INTERVIEW
FINALISTS FOR THE POSITION OF ASSISTANT CITY CLERK
Mayor Ferre: Let's take up item 27. It is my concurrence with Mrs. Cordon's
opinion that we ought to have the opportunity to see the finalists in the same
way that we have seen others, if it is our appointment. I think we ought to interview
these people. And frankly, rather than take the time of all of us separately, ----
Rose if I can appoint you a committee of one, to call us all together, when you
get back, for an hour or hour and a half, and we will interview the finalists
as recommended by Mr. Ralph Ongie.
Mrs. Gordon: Don't specify the number. I will get with you. We will all decide.
35
SEP -91976
33, WAIVE RENTAL FEE - BAYFRONT PARK AUDITORIUM
"SENIOR CITIZENS SHOWCASE" - AREA AGENCY ON AGING
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-789
A RESOLUTION GRANTING A CONDITIONAL WAIVER OF THE RENTAL
FEE FOR TUIE USE nF BAYFRONT PARK AUDITORIUM ON MAY 19, 1977,
FOR THE SENIOR CITIZENS SHOWCASE, SPONSORED BY THE AREA AGENCY
ON AGING, SUBJECT TO PAYMENT FOR EVENT PERSONNEL,INSURANCE, AND
OTHER DIRECT COSTS BORNE BY THE CITY
(Here follows body of revolution, 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
eommissioner J. L. Plummer, Jr.
C mmissionic Yew. Theodore Gibson
Vi:.t --May,w R6se Gordon
Mayor Maurice A. Ferre
NOES: None.
34, REPEAL CHAPTER 12 OF
THE CITY CODE
MUNICIPALITIES HAVE BEEN PREEMPTED FROM
LICENSING DETECTIVES, GUARDS AND
PATROL AGENCIES (FIRST READING)
Mayor Ferre: On 29 the State Legislature has preempted municipalities
from licensing detectives, guards and patrol agencies. Therefore it is appropriate
for the commission to repeal Chapter 12. We have no choice.
Mr. Plummer: Let me ask this question. Mr. Weston I got all the particulars
and I understand, and very clear, we have no right to license. Does that completely
preempt the City's right to govern? OW
Mr. Weston: I don't understand your question.
Mr. Plummer: We had a problem last year. I don't remember particulars,
and thank God I. don't. It was a case where a security guard, was an elderly
man, he shot a kid and everybody started screaming there needed to be more
rigid control over who these individuals that are given firearms. If
we repeal this, are we repealing just the city's right to license or are we
repealing the city's right to govern.
Mr. Weston: Under this, the State has set the standard and like in other
professions, the State 1.aw will prevail.
Mr. Plummer: What you are telling me is, from the date of enactment of
this law, the city has no control, authority to govern these people at all even
they might work within our boundaries.
Mr. Weston: Wibci: you :;ay 'no' that is too broad. I can't say we have 'no'
we do not have the regulatory authority to govern the issuance of a license and
their practicing this occupation. Obviously we do have rights to enforce the law
to see that they don't violate , or go beyond that.
Mr. Plummer: Other than breaking the law that any citizen would break, we
have no authority.1 want that clear fur the record. As I recall there were some
aspersions cast against this commission, even though that episode took place in
the county, that we should take more rigid control over these people who are being
issued permits to carry firearms. Now, you are telling me for the record, it is
not the case of the city's latitude.
36
S E P - 91976
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING CHAPTER 12 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, ENTITLED "DETECTIVES, GUARDS
AND PATROL AGENCIES
Was introduced by Commissioner Plummer & seconded by Commissioner
Gibson and passed on its first reading by title 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.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
37
SEP -91976
35, CONTINUING DISCUSSION: SOUTHERN BELL TELEPHONE TELEGRAPH Co+
PROPOSED FRANCHISE WITH CITY
Mayor Ferre: Are we prepared yet for the...?
Mr. Plummer: We have it.
Mr. Grassie: Yes, we have distributed to you what I take to be an
accurate and complete rendering of the proposed agreement between the
City and Southern Bell. I repeat that I am hesitant to ask you to
act on this...
Mayor Ferre: Mr. Grassie, don't be hesitant, we've been through this
road before.
Mrs. Gordon: I'm not prepared to act on something you've just handed •
to me.
Mayor Ferre: I agree with that and at the outset said you wanted to
discuss it.
Mr. Grassie: Yes, if you would like and if you will find this use-
ful particularly since representatives from Southern Bell are here
and have been patient..y waiting, I would like to simply run through
it for you for your help.
Mayor Ferre: Would you? Tell us what the difference is from where
we left off last night.
Mr. Grassie: Yes, I will try to do that. If we start on page 2, the
first page being the title, we simply reiterate the fact that the City
has to grant to the company a franchise. On page 3, we state that
it's non-exclusive and in paragraph C, you will note that the term
proposed is for. 25 years, it is different than the 20 or the 30 that
had been discussed previously. I believe that the approval of transfer,
re -negotiation clauses are ones that you are acquainted with. You
will see that there is a renegotiation clause that provides that ne-
gotiations on a new franchise have to start two years before the ex-
piration of the franchise that we're talking about here and I believe
that was Commissioner Gibson's point if I recall. The restoration
provisions, conditions of street occupancy and removal are relatively
technical things having to do with the company's relationship with
our Public Works operation. In the payment to the City, we come to
the most controversial and this is Section 4 on page 4, we come to
the most controversial element of the whole franchise question and
here what we have is a 3% payment to the City. Now the other thing
that is important about that paragraph is that in Section B of that
paragraph under "Base", we are fairly specific, more specific than
the franchise was before with regard to what is included in the base
and it is important because of your earlier discussions to note that
inter and intra-state calls are not included in the base. The things
that are included in this base are the things that have been included
in the base. The base has not been expanded to include any new types
of charges, it's important to note that for you. I don't think that
there are any exceptions to that statement, I think that that's
uniformly the case. The only exception that Mr. Mallory Horton re-
minds me of is that this agreement does include what we call a
"favored nation's" clause. Now that means that any agreement, any
franchise agreement that Southern Bell may enter into in the next 25
years which includes provisions which give to any City more than the
3% that is granted the City of Miami in this agreement, that those
provisions would automatically be incorporated in t}e City of Miami's
agreement.
38
r.r, Plummer: Does ti:(ti also: include other than the percentage?
Mr. Grassie: The Iota] compensot? on and its important that we
understand what that ?reans .
UNIDENTI FTED SrFAKER:
i3 t._'t@ } anguage clear?
Mr. Plummer: well 'o: .5::-:g for a definition.
Mr. Grassie: It ,.cft;Gr:.: t J):at ae understand that the intent of
the "favored natic. t' ri" i.t .AS, that regardless of what reason the
company may have for pea';.;-:; :,w,, other City, regardless of how they
define the base c.r what •.:'l__-- lay the percentage is, if the effective
payment to another L :r::t r j n 3%, then the payment to this
City will be ir,c_ rea,3,.1& amount so that we're not trying to
guess at this st.=:f rho,,, ttke:,.. :3...:., ; change the base or how another
franchise might. 'jean. Wh:st: \y Interested in is the effective
payment.
Mayor Ferre: :n -The 3:.'_I Jlac e, let me ask you on this thing, we
started o ` r_' wl th 30 yeaL6and er: we went down to 10 and now we're
to 25, frankly, as .ee it, w' have to go to 10 and we go to 30.
Why wouldn't you t..r) "_ .
Mr. Grassie: why wc,o1:. to go to 30?
Mayor Ferre: its.
Mr. Grassie: Let r:e: tr_V :1,.1 r'41:, it to you in,context this way. I
should start off E,v „ �!t v_,_-,1t the company is anxious that we go to
30, they would ..:C=.f-..,. z_ y . =ram a 30 year agreement. The basic
reason that I thing: -s in i:..3.,a interest of the City in retaining a
shorter agreements la t la}. n.l.atc ry has been on the side of the City
in the sense that..
Mayor Ferre: Fire, they,:: rc: ' i:j years.
Mr. Grassie: Well, le,: rat: to that as soon as we do this. Every -
time that we negotiate x it is then historically the case
that the City has dcn e hett.ar ct.an it did before so on that rational,
I would tend to make as short as possible and the other
side of the coin, :,: -i:. t ne coin that the company emphasizes
is that i t , :7s a compa ..`i ; 1•: `> to Blake millions of dollars worth of
investment in this cor:u;:ur4.1 ,: ;• r1.4. it has the choice of either making
the inveetrt*nt the of Miami's corporate boundaries or
outside and I' v ai:F.e sa Ica tiiJ s with Mr. Brown in some length. We
have finally cot,:audea that 2 }ears is long enough to encourage them
to make investments within the City of Miami.
Mayor Ferre: The s Not :.;.1;, , that's not point at all. My point
is this; as you kr:ow, secret, I would hope that these funds
would eventuaily he used ::c. ��.=itai improvement purposes in this
community. We 1114. I,2i n t where we might want to use those
to borrow money rlv •: >- a i n period of time like we have in
the past, for exal:ri , twi t r. i::.,e Cr ange Bowl. We take a part of the
Florida Power 1 LAgn1 ar.,:::f�_ a cli borrow against it and pay it over
a year, that way we ead with major projects quicker than
we would normally F'ra :mil} . ion't. see that there's any difference
between 25 and (,:) a ' .t : r go to 30 or we go to 10 or 15 but I
don't see what 2 s ac::omplianes.
Rev. Gibson: The 10 or years won't cause those men to want to
extend...
Mayor Ferre: Alright Father, but then the point is that if we get 30,
I think we're able to use those sources for longer term borrowings
which I would rather have the ability to do.
Rev. Gibson: Mr. Mayor, wouldn't the bond market or some of those
other people go for 25?
Mayor Ferre: I don't know.
Rev. Gibson: Well I'm not a financer. but I run a church and every
once in awhile we got to go deal with money and if you go for 25 years.
I think, they say that if the guy goes for 25 years, 5 years is not
that much. Let me say why I'm . I want to have the right not to
have the people in the hole for 30 years that if I want to get out of
the hole after, that I want to try again.
Mayor Ferre: Well then I would use that logic and make it 15 years
and the point is this that sure, the phone company wants to go 30
years but it's in our interest too. If we're going to go, let's go
30, why go 25? I don't see that chopping off 5 years makes a bit of
difference and it might make, I'm not saying that it will, it might
make a bit of difference as we go to bonds 5 years from that to borrow
money against it. L<Jok, it's academic, none of us are going to be
around to worry about it whether it's 25 or 30, at least not in this /
Commission I hope.
Mr. Plummer: Since we're discussing it, why don't we poll the
Commission, I have no objection to 30.
Mayor Ferre: To what?
Mr. Plummer: I have no objection to the 30 and why don't you poll
the Commission because we're not going to take a definitive action
today.
Mayor Ferre: Alright Manolo, what's your decision?
Mr. Reboso: I don't have any objection either to go 5 more years.
Mayor Ferre: Father?
Rev. Gibson: I'm opposed to it.
Mayor Ferre: Rose?
Mrs. Gordon: I'm opposed to it.
Mayor Ferre: Well I frankly don't think it's that important but I
think that it might give us an edge, that extra 5 years might give
us a financial edge when we go to market.
Mr. Grassie: Let me suggest something to you, Mayor.
Mayor Ferre: Well you got a vote of 3 - 2.
Mr. Grassie: I just want to make you aware of the fact...
Mrs. Gordon: We didn't take a vote, we just took a count, Mr.
Mayor and we aren't going to take any actions today, as I understand
it, on this item at all.
Mayor Ferre: I realize that, Rose, but the man has to:know what to
type up on the machine and I just... Marty, how do you feel about it?
40
(INAUDIBLE)
Mr. Grassie: I just want to make you aware of the fact that -::you've
given away one of my cards. This is something the company wants and
you can give it away free and it's very difficult to negotiate with
them sitting here but 5 years is worth something to them.
Mayor Ferre: (INAUDIBLE)
Mrs. Gordon: I think we should set the intra-state, how about that?
Mr. Grassie: I don't think that they're going to consider that that
is a fair trade.
Mrs. Gordon: I think that's a fair trade.
Mr. Plummer: Let's move en.
Mayor Ferre: Okay look. v,'r+ have the poll of this Commission of 3-2...
Mr. Plummer: May I ask a c uestion? Mr. Grassie, why is there, in
this wording, that it any increase on the "Save the Nation" is, has
got to be approve; the Commission? Why isn't it just automatic?
Mr. Grassie: The re sk:n for Commissioner, is that it was the
opinion of the Attorne > there would need to be some kind of
official rati fica c on of :any increased return to the City based on a
franchise agreement.
Mr. Plummer: Weil them answer me what would be negative about it
being automatic?
Mr. Grassie: Well there is nothing negative from a practical point
of view, it is strictly a question of abiding by the Attorney's in-
terpretation of the law, They feel that since the franchise calls
for a sum of money to be passed on to the customer and that that is
paid through the company to the City that the law requires that there
be some official action to approve that amount, that it not be some-
thing that just happens automatically.
Mayor Ferre: Okay, any questions? Father, do you have any questions?
Rose?
Mr. Grassie: If we're ready, Mr. Mayor, to pass on to... Oh, and I
should say about this so-called "favored nations" clause, that we are
talking about cities of 50,000 population or larger, it does not in-
clude something the company might do in a community of 3,000 or some-
thing of that type. Under "Contributed Equiprent", it's somewhat
related but we should note that this agreement does not include any
free service for the city.
Rev. Gibson: You mean at ..:c;r_sn include any free service and yet
we give them 5 years for nothinq? Come on, Mr. Mayor, you're a pretty
good business man
Mayor Ferre: Father, I told you I'm not going to vote for 3% so as
far as I'm concerned, 1'r. 2oinc for 314 and I'm sticking with that.
Rev. Gibson: eh, I see. Well, I just wanted to make sure.
Mayor Ferre: Well I said, there's no surprises here, I've told you
all along that I would cjo for >, and I voted for it and after that,
that didn't pass so he went for 3 1/3 and that didn't pass either
d_1
so I'm willing to go back to 34. I'm not going to go to 3%.
Mrs. Gordon: Maurice, that's the reason I really don't think we
should take straw votes at this time because by doing that, we leave
ourselves wide open and...
Mayor Ferre: Look, my positions have been clear from the very begin-
ning, I haven't deviated one inch. Now I respect those of you that
have and i think you've got very good reason and I think you've done
the right thing and I have no beef with any of you but my posture is
the same.
Rev. Gibson: Okay, let me make one last comment. What I think I
hear the Manager saying is when we give away that 5 years, the
Manager can't say too much to those fellows out there, how are you
going to get something else from them. I'm just troubled about that
to give the 5 years and we're not going to get no free service and...
Mayor Ferre: Father, I'll tell you, those 5 years to me, I don't
know, it may be important to the phone company, but they're important
to the City too and as far as I'm concerned, the important thing is
that 34, not the 5 years, I couldn't care less whether it's frankly
and if you really wa„t to insist on 25, I'll go with that. I just
think that 30 years is much better because it gives us the ability to
borrow money if this Commission ever wants to, this or future Commissis.
A11 I'm saying is that I think you can borrow $15,000,000 hopefully
from this franchise tax if we ever have a project that merits that
kind of an investment. I think you can do it a heck -of -a -lot easier
if you've got 30 years to go than if you've got 25 years to go. Now
as far as...
Mr. Plummer: Let's clarify one other record here. Mr. Mayor, as I
recall, and I stand corrected if I'm wrong, that the last offer of
this Commission to the phone company was 34 plus 1/3...
Mayor Ferre: No, the last offer was 3 1/3.
Mr. Plummer: 3 1/3 plus 1/3 off of the annual bill. Am I correct?
Mayor Ferre: That's correct.
Mr. Plummer: Okay, I just wanted to make sure that I understood
correctly.
Mayor Ferre: Let me remind you, and stop me somebody if my memory
failed me, the motion was made and as I recall, I made the motion,
it was 3/ plus a certain, I had 8 points. I assume these points have
been incorporated in here, Mr. Weston?
Mr. Weston: They were all picked up here.
Mr. Plummer: They're not in here.
Mayor Ferre: Well what I want is a report to this Commission, I had
6 and I think the Commission then added 2 others and I would like a
report back on those 8 points that this Commission, on record, instructed
be inserted into this contract and I'd like to know what the answer
is supposed to be. I can do it out of memory if you want.
Mr. Plummer: As I recall, one of your points was an independent
audit, not theirs, not ours, but an independent and that's not in
here.
42
Mayor Ferre: Alright, I'll tell you what the points were and this
is strictly out of memory. ene, that this thing be 3 1/3%; two,
that we get a discount of, what was it?
Mr. Plummer: 1/3.
(UNIDENTIFIED SPEAKER): 33%.
Mayor Ferre: 33% from our phone bills. Three, that if the system
ever became obsolete. that :.he phone company would continue paying
a minimum of whatever the maximum had been in the previous years.
Four, that they give us an independent audit, was it on a yearly basis?
Mr. Plummer: Yes.
Mayor Ferre: With an independent auditor, CPA. Five, that we have
the ability to send our own people in there to check out the infor-
mation as needed. Six, that we have a "favored nations" clause.
Mr. Plummer: Further discussion relating to any data transmissions...
Mayor Ferre: Seven, that if there be an inclusion in here similar to
the Savannah, Georu-:. 7ontract which stated that I think we would
charge not only for 7.:1,oi ' .y but for any transmission of information
or any new electronic of any type starting in the City.
Eight was added by Rosa Gor ion a.i:d , I recall, it had something to
do with...
Mrs. Gordon: Base from the intra-state.
Mayor Ferre: Oh yes, that we get full information on what intra and
inter -state before we finalized and that we had our people go in there
and verify the submissions. Is that correct?
Mr. Grassie: That's substantially correct, Mayor.
Mayor Ferre: Have I forgotten anything? Marty, did I forget anything?
f (INAUDIBLE)
Mayor Ferre: Judge?
(INAUDIBLE)
Mayor Ferre: I specifically remember that there were 8 things. Now
what's the answer.
Mr. Grassie: The answer, Mr. Mayor, is this. There are two ways
that the City of Miami cal, deal with the phone company. One is that
you can make a series of demands like that and we can go to court and
the other...
Mayor Ferre: Is that an assumption on your part or is that a conclu-
sion on your part?
Mr. Grassie: It is the conclusion that I'm drawing, yes.
Mayor Ferre: But it's baseci on an assumption.
Mr. Grassie: It's my opinion, Mayor.
Mayor Ferre: It's your opinion, okay.
r
Mr. Grassie: And it is my opinion that the second way that you can
deal with them is that you can ask, which is what I though you had
done, you can ask the staff to negotiate with them. About three
weeks ago, we had a session with the City Commission and now all of
you were able to attend, in which we attempted to present to the City
Commission a summary of the provisions of franchises in any major
franchised City in the Southern Bell system, covering 4 states, and
in that case we tried to make clear what the return to each of those
cities was and what would seem to us to be reasonable that the City
of Miami accomplish in its negotiations. As I say, not all of you
were'able to be present but the purpose of that was to try and get
from the City Commission some guidance as to whether or not our
approach to negotiations was reasonable because the basic approach
that we were following was that we couldn't out negotiating
simply by saying that we had an arbitrary position that we were going
to maintain but rather that we had to try and establish what seemed
reasonable. Now if we were in error in the way that we approached
our negotiations, I guess that I can only say that I wish that you
had told me three weeks ago.
Mayor Ferre: Mr. Manager, I did on two occasions that you and I
discussed and I mentioned these specific 8 points, went over them
with you and told you what my feeling was. You told me that you
disagreed and I said fine, that's your right to disagree and that's
your opinion. My opinion remains the same.
Mr. Grassie: Yes, and I respect that., Mayor. I guess all I'm trying
to report to you is that after working on this pretty hard, both on
the part of the company and on the part of a number of people on your
staff, that we have what appears to be a position that neither party
feels is ideal for it but that each party, and I'm talking now about
your staff, not about you as a legislative body, that both the staff
and the company's staff are willing to recommend to you and to accept...
Mayor Ferre: I understand but this is not an administrative decision,
this is a recommending decision and that's why we're discussing it
and therefore I return to my question that on the record, you were
not the Manager, but to the management, I asked this Commission asked
that 8 things be incorporated in these negotiations. Now you've
spoken as to one of them. You're recommending 3% rather than 3 1/3,
I understand that. Now there is no 1/3 discount on City phone bills,
I understand that's your recommendation. Now I asked you as to the
other clauses.
Mr. Grassie: When you say it's my recommendation, Mayor, what I'm
saying is that we have an agreement on a franchise document which is
not ideal from the point of view from the City. It is my recommendation
that it Rakes sense to the City that we accept these terms.
Mayor Ferre: I understand that and you said that before and we heard
it clearly. I then asked my question, how many, we have 8 points
that this Commission went on record requesting and I'd like to go one
by one and for you to tell me or for Judge Horton to tell me where
we stand on each one.
Mr. Grassie: Okay, if you will raise them in the order that you wish,
I will answer each one individually.
Mayor Ferre: Alright, we've already talked about the question of
fees. What was the second one? Did somebody write them down?
Mr. Plummer: 1/3 off of the bill.
44
Mayor Terre: What?
Mr. Plummer: 1/3 off of the bill.
Mayor Ferre: Well that's not in here, it's not included. What's
the next item.
Mr. Plummer: The third item was that if the phone company stops
using the "Right-of-ways" that they will continue to pay for the
life of the contract.
Mayor Ferre: Is that in here?
Mr. Grassie: That is not included.
Mayor Ferre: Well teil!fymu, that's one thing that I absolutely
will not vote no matter ,what the price of this thing is, my vote is
"no" unless that is included. In other words. that I'm not about to
give these people a 25 or 30 year contract and 15 years from now the
phone system becomes obsolete and they go on wireless and all of a
sudden we've gone ahead and given them a franchise which we're bound
by but they're not, .•, way, so that; to me, is even more important
than even that W.
Mr. Grassie: I certainlwould rr dispute you, Mayor, I simply would,
so that you know what our thinking n:s been, we have considered that
the franchise document Is ,:er_t--paid by the company for the use of
public property. It seem illogical on that basis to say to the
company that if they no _O,- c1 :r need to rent public property, then
nevertheless they are go:inQ - o continue to pay for it.
Mayor Ferre: I don't agree with that logic. That`s like telling me
that if I run a &maid truck for 15 years and I sign an agreement with
General Motors Acceptance corporation, to pay a lease over a c— -r
15 year period, if 10 years from now I put in a conveyor belt, then I
no longer have to pay General Motors Acceptance Corporation for the
leases because I donit need. the trucks anymore...
'. Mr. Grassie: To the extent that you give back valuable trucks, that
would be true, Mayor.
Mayor Ferre: I am sure they wo�1ci Lot want back the trucks 10 years from now,
and the point is this, that a deal is a deal. We make a commitment that we are
going to give them a 30-year rig: ... I don't want anything t.o...even if it is
technical. I don't know what way this electronic world is going..If we are a
committee now to give them a rid"a, they are going to get stuck with that for 30
years. We are going to get stu k with it for 30 years, or 25,
Mr. Grarisie: Again, I am not di;l.uting you, I am simply indicating that that is
not included in the franchise document.
Mayor Ferre: As Plummer said - cooperation is a two-way street. What was the
next item?
Mr. Plummer: Next item was an independent audit..
Mr. Grassie: That is included in the document
Mr.. Plummer: Ex use me,..I don't believe that is true...
Mr. Grassie: What does it say?
Mr. Plummer:
independent.
Independent audit - not their certified audit nor ours,
Mr. Grassie: We have the right to audit them at any time.
Mr. Plummer: Not us, an independent..
45
Mr. Grassie: Well, we have the right to send our independent auditors in to
audit...
(INAUDIBLE EXCHANGE IN THE BACKGROUND)
Mr. Grassie: Are you talking about their paying for our audit? Is that it?
Mr. Horton: (INAUDIBLE)
Mr. Plummer: Well, it wasn't my point, Mr. Horton, or Mr. Grassie, it was the
Mayor's point and as I understood his point he can speak for himself. That it
would be a totally independent - it wouldn't be their auditors or our auditors
it would be -as the City has it- outside auditors, or independent auditors.
Mr. Horton: (INAUDIBLE)
Mr. Plummer: Well, I would have to defer to the Mayor. It was his position,
I don't know whether he intended...Mr. Mayor I would ask for a clarification
from you so that we understand each other as to the independent audit. Was it
your intention when you brought out this point that it would not be their
auditors or ours, and if so, it be an outside independent audit which they pay
or us?
Mayor Ferre: I frankly had not thought about it, but I think you have a valid
point and I agree with you.
Mr. Plummer: You see Mr. Grassie, let me tell you what bothers me. I read you,
memo very well in reference to ypur going in -you or the administration going
and one word that I underlined very loud and clear that it was auditing upon
figures given to our people by their people; am I correct, Sir? Did I read that
in your memo?
Mr. Grassie: I don't recall those words so (INAUDIBLE).
Mr. Plummer: Well, I received the memo and I don't have the date nor the memo
in front of me but when you, the administration, went in to request certain items
from them as to basing the intra the inter the base recurring rate..
Mr. Grassie: The one that I distributed yesterday?
Mr. Plummer: No, I think it was the one before yesterday, Sir... But anyway,
what bothered me was that you audited it on figures supplied by them, by their
staff, as I think or I recall was the working of their memo. Now, you know,
they are honorable people, I love them, and like everything is, we are all htinc Jle
people but what good is an audit when they give you the figures...that's what
bothered me. I think it was in relation to what is interstate..you know, what
does that amount to in dollars, what is interstate, itra, all the rest of it.
You sent such a memo to us recently.
Mr. Grassie: Two days ago, I received from the City's external auditors,
Peat, Marwick & Mitchell..
Mr. Plummer: That is correct..
Mr. Grassie: a report which they did at our request reviewing Southern Bell
books and establishing the basis on which the Company was paying the City..
Mr. Plummer: Do you have a copy of that, Sir...
Mr. Grassie: I have it at my office, not in front of me, and I can get one for
you if you wish.
UNIDENTIFIED PERSON: I have a copy of it ..
Mr. Plummer: May I see it for just a moment..Marty..or Clark? May I see yours
for a minute. Let me try to pinpoint to the Manager what I have objection to
and I think it speaks to the point: The findings presented in this report are
based, in part, on representations made to us by Southern Bell's personnel. Now,
II 11■■I■11111111111111■11111111111III I
that to me is not an i.ndependent nor someone looking from the outside doing
their own looking. As I read this: here, they supply the figures to Peat,
Marwick & Mitchell -whatever the name of the firm is- and from that, they
made their conclusions. Now, to me, that is not the name of the game. Do
you follow what I am saying?
Mr. Grassie: I hear what you are saying Commissioner, ..and all I can respond
...is that..mayhe there is an erroneous assumption in the world but..in fact,
CPA firms assume that companies like Southern Bell are, you know, reasonably
honest and..
Mr. Plummer: No quest _on.
Mr. Grassie: and, yeah, but if there is no question, if a professional firm,
in a CPA firm, goes in and does a review of the books based on professional
standards, the City's....ari they did this at our request, you know,..we paid
then. Now, if they yc :io a professional job following professional
standards, our assumption and I suppose theirs is that they have done a valid
external review of the Compan•"'s records. They have to work with Company
people.
Mr. Plummer: Mr. Grassie, let me bring to your attention, Sir. Probably,
we would have not had as :Ruch discussion about a franchise as we have about
this one if it had not been for Mr. Marty Fine's contention two years ago
-a year ago- upon word'ng. Mr. Fine as a taxpayer of this community inter-
preted the present. _: hise in one way which said we should be getting 1%
of intra and interstate, an. it- was one set of figures. The Southern Bell
said no, that's not thL w,)y ':hc - - nise reads, we disagree with that and
we give you a set of firres based ., inter and interstate, o.k.?, Now,
that's what I am trying avoid in ,,:he `uture, that Southern Bell in all
honesty, cave us a suet of `gores .,s they interpreted it, they interpreted it,
Mr. Marty Fine as a taxpayer of this community interpreted it differently and
based upcn the figures which "1e was trying to get which he never got, it would
have been interpreted a log_ different and would have been a lot more money to
the City coffers,, se, I'm trying -.r, aveic.: that now. If we continuously....
maybe Mr. Fine is wronc:.., or.'t know, I'm not that smart - but all I'm saying
to you is very simply that if we are going to say, o.k. we are going to pull
an audit on you, but you yive „s all of the dominoes, well we can only play
with those dominoes which tey give us. If what Father Gibson I think was
trying to accomplish, that we :are big boys in a big business, and it is not
a matter of honesty of one company or another or a City and a company, but it
is an honesty to protect the taxpayers, then I think it calls for an independent
audit, not theirs not ours, c.k.?
UNIDENTIFIED PERSON: (INAUDI_BLE)
Mr. Plummer: Jim, I have no problem with that. I have no problem with that
and I think we are all honest people and you are too big a company to try to
cheat taxpayers of this community because they are also your subscribers but
what I am saying and 1 tried to make my point clearly - had there been no
contention of that Mr.. Fine would have never been here, maybe. (laugh). What
I am saying is, if you ar? rur.,ishing us the figures then I think that there
needs to be leeway that these auditors have the right to go further into any
particular source, that's all I'm saying.
Mr. Grassie: Would it help, Mr. Mayor,..I don't know whether we should ask
Mr. Fine to comment on it..
Mayor Ferre: No, no..
Mr. Grassie: Comment on page 5, the only question I was going to ask was..
Mayor Ferre: Are we still on the question of auditors, is that what your
question refers to?..
Mr. Grassie: The definition of base, really, whether it is adequate to
avoid any problems in the futur,,..I don't know, maybe,..maybe he has some
comment on that. 1 thir:k that addresses itself to what you are talking about.
Mr. Fine: I would like to bi very careful about the comments but this particular
situation is so indicative of where I think the entire negotiation has been
because, it's interesting Mr. Plummer, I had the exact same language you did
the report is based on part. of Peat, Marwick's work on representations made
by their personnel.
Mr. Plummer: Marty, it scares me when you and I think alike...(laugh).
Mt. Fine: Oh, I'm flattered. Mr. 'laver, members of the Commission, what
I think is appropriate is for you to ass:ne that Southern Bell's figures
are absolutely accurate and that they are kept in accordance with Federal
procedures and public service commissions, but I think Mr. Plummer is saying
and what I think the City is entitled t:.o is for southern Bell to choose at
its election and independent outside audito -probably one of the big eight -
to come in and say we reviewed those books b.ied on your standards and we
reviewed the ordinance and the City is being paid what it should be paid.
It's really as simple as all that.
Mr. Plummer: The City itself does it, Marty. Wo have an internal auditor
and then by ordinance the law states that we shall have an outside independent
auditor to come in and check the internal auditor. It's a safeguard.
Mr. Fine: Right. And it you ask .Southern Bell at their selection at their
cost to give you that outside aulic, T think that's a very reasonable request.
(INAUDIBLE EXCHANGE IN THE BACKGROUND)
Mr. Fine: Well, we interpret that whichever way we like. I know what I read...
(UNIDENTIFIED SPEAKER) INAUDIBLE.
Mr. Fine: Well, now Lhat yol have finished that explanation i isn't my job
to put it in but i arr going to ; _:_at to them to put it in and I had it
written in that way, bait your: arrn,r<:r.. e continues to upset me so I would suggest
to you that you °aim dow:,.
(UNIDENTIFIEDD SPEAKER) INAUDIBLE RESPONSE.
Mr. Fine: Let's not get into that, please. Independent outside auditors..
does that cover it?
Mr. Plummer: Well, may I profer... so that I can rest easy? - outside,
independent, certified auditors.
INAUDIBLE BACKGROUND COMMENT.
Mr. Plummer: It's an outside, not your own auditors. You use outside auditors,
correct?
INAUDIBLE RESPONSE
Mr. Plummer: O.k., if you are required then that's what we are talking about.
INAUDIBLE RESPONSE
Mayor Ferre: Pat makes a valid point. that anything that is said should be in
the microphone so it is on the record.
Mr. Grassie: The payment interval, Mr. Mayor,...
Mayor Ferre: Wait a minute I1r. Grrtssie, let's go down so that we can go the
way he was... And I'm merely offering a....
Mr. Grassier o.k. I'm sorry.
Mr. Plummer: The fifth point, Mr. Mayor, that you made was out people's
available of checking their records which I think is covered, correct?
Number six was "favorite nation" - that is covered. Number seven was the
data transmission reserve clause..
Mayor Ferre: Why call the Savannah clause which Marty provided us the
Savannah contract.?
(INAUDIBLE RESPONSE)
Mayor Ferre: As I recall the instructions from this Commission as I proposed
in that motion was that the words of the Savannah contract be copied word for
word.
48
Mt. Grassie: I understand, Mayor, that the wording from the Savannah
contract is in the base definition which you will find on page 5.
Mr. Plummer: It is covered .ender page 5(b)3..
Mr. Grassie: Charges for Morse transmissions signaling data transmission
remote metering and supervisory control were both terminal points within the
City limits. That covers it, doesn't it?
Mayor Ferre: Is that what the Savannah contract says?
Mr. Weston: Not in my opinion.
Mayor Ferre: What does the Savannah contract say?
Mr. Weston: I gave mine to Mr. Merrill; I haven't had it back so t can't
tell you. But let me...
(INAUDIBLE COMMENT)
Mayor Ferre: Sir' You took it word for word..
Mr. Fine: Mr. Mayor let me point out why I think it doesn't cover your
intent. By the way, I think that the City and Southern Bell have come a
long way towards getting a resolution to this problem butwe are going to
get a bit panicy and adopt an ordinance that I think may not be exactly
what we need and ,r say for the record I was giving this ordinance
first of a]1 I was at .3 be here at 1:00 o'clock and I cancelled an
appointment with som,.:o::e whr, a r. to see me. I received that notice
this morning. I re : i v& :i ;_:±;_:: :)1:' h.:ance about an hour ago. Now, I am just
not smart enough to rea. an ordinance and understand...
Mayor Ferre: We are not going to vote on it today.
Mr. Fine: But let me point out to you what I think is wrong. I can under-
stand that the phone company may have a tenable position about interstate calls
and I cannot understand •,;h5 t.ney would about intrastate. But if you talk about
data transmission with both terminals in the City that's ludicrous. What they
are saying is if they had one terminal in the City of Miami and one in Coral
Gables you are not going to get it.... That's not interstate or intrastate,
that's intracounty, and that certainly ought to be included in here. Now,
that's very elementary to rye.
Mayor Ferre: Flow does Savannah cover that, Mr. Merrill, do you recall?
Mr. Fine: Even if Savannah didn't cover it within the same county, it would
seem to me that it is pretty basic and we ought to get it.
Mayor Ferre: Maybe we can ask the phone company. What's the intent of the
Savannah..ah..
(INAUDIBLE COMMENT)
Mayor Ferre: All right, Mr. Merrill, you are the one that has that Savannah
..you say that it's identical...
(INAUDIBLE COMMENT)
Mayor Ferre: Would you' What's the next point?
Mr. Merrill: Mr. Horton...Let me ask you a question. On page 6, Section F,
CATV provision. Now, if I am not mistaken, that's illegal. I think we were
preempting our right on cable TV by the county. If that's the case, this is
illegal.
Mayor Ferre: What section are you on?
Mr. Plummer: Section F, as in Frank.
(INUDIBLE COMMENT)
Mr. Plummer: Well, Sir., I brought it to this Commission's attention a year
ago and suggested that we fight it tooth and nail and we didn't do it.
Mayor Ferre: I don't recall it...
Mr. Plummer: to , I !A: _,u j: t t ercre this Commission..
Mayor Ferre: Are you talking about the Miami Gardens' lawsuit?
Mr: Plumper: No Sir, I'm speaking ahow. the cable television franchise hats.
We were preempted by an ordinance of Metropolitan Dade County from receiving
any franchise fee. And I, at that time, brought it before this Commission
as a member of the Dade League where it was discovered and offered to this
City that we should fight it tooth and nail because it was something of a
precedent setting, and the action of this Commi:=sion was tht we were opposed
to it but no action was instigated to fight. it. So, if I'm not mistaken, and
I merely briny this up so we don't have a document which on its face is not
a legal document, I believe that Section F, that the City's right has been
preempted, and I would suggest you check that, Sir.
Mr. Norton: Well, Mr. Plummer, I'm in litigation now and I represent Monroe
County and the CAT:' position recardinc; the county's right to get it --the county
and the municipalities under- the F," regulations, not under Metro ordinance,
we are entitled to get commissions to operate the CATV...
Mr. Plurrcner:...I do not believe..
Mr. Horton: ...the county cannot rent it so they could not take it away.
Mr. Plummer: I do not believe that Monroe county operates under home rule.
Mr. Horton: Well, ;ou have a home rule statute under Chapter 125....
Mr. Plummer: Mr. Horton, I do want to get into an argument, Sir....
Mr. Horton: ..I don't either..
Mr. Plummer: I merely suggest that you cheek with Mr. Stuart Simon, find out
whether or not that has been enacted and if it is illegal_ let it be removed.
That's all I am bringing to your attention
Mr. Plummer: Let my ask --are you finished with your points? I have another
question that I would like to ask. Mr. Grassie,--
Mayor Ferre: Now, wait a minute, are we finished with those eight points?..
Mr. Plummer: Yes Sir, except for the intra and interstate which Rose brought
up --
Mayor Ferre: Are these the eight points which Rose had brought out which was
that we have gotten all the intra and interstate, and all that information ---
have we gotten all that?
Mr. Plummer: We've got all of that. We did from Peat, Marwick & Mitchell,
etc. etc. Mr. Grassie, ah, am I overlooking?..I don't see anything in here
as it is in the present franchise where this has to be submitted to a referendum
that Southern Bell shall pay for that.
Mr. Grassie: It is in our charter, as I understand it..
Mr. Plummer: In other words, you are saying the things that are addressed
in the charter we do not have to address them in the franchise.
(INAUDIBLE COMMENT)
Mr. Plummer: U.K.--I'm just asking the question.. I am merely asking for
clarification. I understand here that it says that it has to be subjected to
the voters but it does not say who is going to pay for it. And if you are
saying to me that the charter is adequate to cover this, and they understand
that...fine, Sir.
Mr. Grassie: If we could then, Mr. Mayor., --if we could respond then to the
question about the Savannah franchise we have a copy of it right here.
Mr. Plummer: You want to read it?...
Mx. ;rassie: ..and I would like for Mr. Clark Merrill to read what the
savannah franchise says. And you might to just follow along on page 5, Of
section 3 there.
Mt, Merrill: Monthly charges for local exchange service including charges for
additional listings, this is 1, --charges for additional listings and joint users;
2. the guarantee portion for semi-public pay -stations services; 3. charges for
local message rate service including mobile service and local messages, and 4.
subscribers station revenuefs from tele-typewriter exchange service; and B. for
all charges for local rr v.te :line services including audio and video program
transmission services where>1- n terminals of the private line are within the
city limits. C. Charges for Morse transmissions signaling data transmission
remote meterin:; and supervLsnry control where both terminal points are within
the City limits.
Mayor Ferre: Clark, I see that you copied the last paragraph, but the previous
stuff-- I don't see that in here. Previous two paragraphs.
Mr.Grassie: Well, the ir,,nediately _-devious one is...ah,..before that --
Mayor Ferre: Well, lead it again..
Mr.Grassie: The first paragraph on that first stuff is different because the
base, Sir, ...
Mayor Ferre: I realize that.
Mr. Merrill: Now, ,, Southern Bell to..that these were the types of
services that we nhouid inctuj ;i this kind of ---
Mayor Ferre: May I ae.c r_Lat for a mo:.. �r'., please?
Mr. Merrill: Yes, Sir.
Mayor Ferre: Let me be specific then. Where is that last paragraph that
you read?..----O.k.-- It says: charges for additional listings and joint
users --Is that covered?
Mr. Grassie: Yes, that is --
Mayor Ferre: qu,irar.te,, portion of the charge for semi-public pay -stations
services.. charges for local message rate service including mobile service
local messages...Is that in there?
Mr. Grassie: Yes.
Mayor Ferre: And the subscribers station revenue and tele-typewriters ...
Is tele-typewriters in there? and Section B. copy...I see..
Mr. Grassie: Shall I continue, Mr. Mayor? The payment interval has been
changed from an annual basis to a monthly basis --I believe that's one of the
recommendations that --the Ci%y Commission has made. I should point out to
you that the 3% payment would start the 1st of January which, in our estimation
is the soonest date after the vote --the referendum vote-- and which probably
would be the last of November.
Mayor Ferre: Let ask a technical questions..we would have to put this on the
ballot 45 days before?
Mr. Grassie: before what, Sir?
Mayor Ferre: Well, under the Charter we have to have something to the --to
the county voters --or whatever -t's called-- 45 days before.
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: 9, days before,
Mr. Merrill: Ti,at's not a legal limit but she would like to be notified,
that far ahead..
Mayor Ferre: So in other words when we take this up on September 23, hopefully
..ah, and vote on it at that time, do we have to wait 30 days for a final read
ing on it?
(BACKGROUND COMMENTS)
Mayor Ferre: I'm looking at the City Attorney. If we vote on this on the
23rd day of September, do we have to wait 30 days to vote the second time?
(INAUDIBLE COMMENTS)
Mayor Ferre: We've got the time.
Mr. Merrill: We can advertise before that..
Mayor Ferre: So, in other words, there is no reason why this can't be voted
on on the 23rd day of September.
Mx. Plummer: You are the greatest optimist in the world.
Mayor Ferre: Why? ---Well, I'll tell you I have already voted positively
for this thing twice and there were three votes ---
Mr. Plummer: Not this way.
Mayor. Ferre: I am not voting for this document.
Mr. Plummer: Oh, o.k.
Mayor Ferre: I've already told you that I'm voting for this document with the
corrections that I have already stated, one that it be 30 years, two- that I'm
willing to go down -1/4 --
Mr. Plummer: Plus, the deduction .,n the bill....
Mayor Ferre: In my opiuioa , I think th t if we get 3-1/4 I think that --that's
what you are going to get.
Mr. Clark: Mr. Mayor, can I mention something about the mechanics of the elec-
tion-- that we have a choice of either going on the November 2nd ballot if space
is available -and we haven't found out yet whether or not there will be avail-
able space or a special election in the City of Miami only on November 23rd--
they don't want to do it that way but we cannot get on the November 2nd ballot
they will have a special election..
Mr. Plummer: Is there an election on November 23rd?
Mr. Clark: No, there is not. It will be a special election done in the City
of Miami.
f
Mr. Plummer: What you are saying is it behooves Southern Bell to get something
agreed so that they don't have to pay for a special election that ----
(VARIOUS VOICES --INTERMINGLED)
Mr. Clark: That would be a special election they would have to pay for but it
would be a reduced charge because --
Mayor Ferre: Let me tell you, Southern Bell, you are talking about $60,000,
right? --
Mr. Clark: Not necessarily.because some of the --
(MIXED TALK AT THE SAME TIME)
Mr. Plummer: It's an awful lot of dimes through the paper.
Mayor Ferre: If you get 5,000 people who will vote on that -- you'll he lucky
with the kind of returns we get around here --
Mr. Clark: In 46 we only had about 200.
Mr. Plummer: Two hundred people?
Mayor Ferro: What's that?
Mr. Clark: There was a 114 for, and --T don't remember what,.,
Mr. Plummer: Two hundred people decided at an election? They can stuff the
ballet Lox!..
5 2
Mayof Ferre: Is that right? P'k:r many y ...what were the votee? . .
Mrs. Gordon: The people only get a ,~ -•r not, that's a11..
Mr. Clark: I can get for you,T have them...
Mayor Ferre: You ;Wean to tell me that the whole thing was decided on a Special
election --and only 200-people voted ort it?.
(INAUDIBLE COMMENT)
Mayor Ferre: Was that u special
(INAUDIBLE COMMENT)
Mayor Ferre: Marty, we better
Mr. Fine: Mr. Mayor, r havc
or two and then go on any
kind enough to furnish me with
that it needs to be teed .•er:-
election? Eh?...
c,r a special election.
I-.:+ck to work. I would like to make a comment
tll ughts with you about it. The Manger was
,t ti;e Peat,Marwick report. I suggest to you
e-A on top of page 4, for example, ----
Mayor Ferre: Have we gotten that report
Mr. Clark: YeE.
f Mr. Grassie:
Mrs. Gordon:
Mr. Plummer:
It was di: _
When?
I've JOJ my col;,:.._
yes Sir.
Mr. Grassie: I got at late r:'ueda'; , ;: n .11 sent it to you yesterday.
Mrs. Gordon:
Weil, I have
yet unless it is upstairs..
Mr. Plummer: No Sir, you sent ;;t before that because I didn't come into my office
yesterday and I've read it.
Mr. Grassie: I sent it within three hours of my receiving it, so, you know...
Mayor Ferre: WeII, I have not
you are saying?
Mr. Fine: Rather -than my go;nc i::co it in detail may I just say that I think
it has some very pertinent information and obviously the Manager has read it and
incorporated a lot of-- -s:. , ;:: !\:<_. 1ci-': Horton in here; but I think it has some
interesting points or,,i a i, 1-r:1.,Z To your auditing question. I would recom-
mend that you consi.:e:: the fc:' o,;:: ng fhn,Ljs in terms of this franchise and I really
hope you can agree ::n c r,e ana a'.•ci l the litigation. Number one, Southern Bell
started this conversation ma r,r ;+ ay-, by saying that they didn't need a franchise
that they alre. cdj had `ant y thought to operate this system. I
think if and when you ayr.ec of. f:::::c.hise you ought to ask for a waiver of that
In my opinion, I've mentioned i.. :
with him, I wouldn't bog dawn, on ..
have a right to get me or deny .fle
on the terms I want it. _eee.
of it and know w)u re y.
and that relates t_t; :he ::usti:,n cZ
A SO - -
is up in my office, is that what
•
Another one -1 ao r.:ot an the ordinance, Judge- but they said
they are going to keep tiro r:: o:: ' c>i thre€ years.
Mayor Ferre: Hold o,:, Mart:.
add a ninth thing, ti,.i _ we
Mr. Plummer: I've ai: eady
[.
Mr. Fine: I think in, tr.: 'rc : rf.
of limitations Is under
ever it is, but I think _:
ought to be her, SG that if
some of that extra money.
you ought to get a ,
I think it is the Beek firrr,
.arse Horton, he feels they are stopped - I agree
but it aeems to me that when someone says you don't
franchise I don't need it but if you give it to me
1.nink. once and for all we ought to get a waiver
note I had I think Mr. Plummer is included
outside auditor just like Peat Marwick
_Inge you are keeping notes there --your want to
-;n that.?
T 'r; making his points.
i i.t to be concurrent with whatever the statute
. _..:Lkly I'm not sure if it is 5 years or what-
.,F ,.mitations under Contracts is 5 years that
,; ct :: na checked it you might be able to pick up
u;- b.-fore you finalize this at your next meeting
-;:. .t7rt You have hired a firm in Orlando -
i`- and they ought to read this and sign -off
on it because I must confess to you I do not understand the language on page 5 in
terms of what is included in the base because that's very technical language, I
really don't know what that means and I suspect that someone who does this for a
living everyday like that consultant ought t react to you and make Sure that covers
everything; but on page 5 in the base, Mr. ;•tayoi, we used that Savannah ordinance
as just one example and I don't think we ought to be stuck with the fact that both
terminals ought to be in the City. I think it is absolutely ridiculous to think that
if they send a message on data transmission over the wires in the City and it happens
to go to Coral Gables that the City shouldn't get paid for it and I think you might
want to limit it to the County. I think frankly you've crest a losing battle to fight
unless you litigate with these folks about intrastate. I think they are pretty hard
on that from what I've heard so that's a decision you have to make. But certainly
they shouldn't be difficult to convince that if it is within our county you ought to
get paid for it because if you don't get paid for it no one else in the county is
going to get paid for it and they are just going to get a free ride on that. Did
I make myself clear on that? One of the other things that I think is really essential
that they passed on a companion ordinance-- 1 knew you have expressed the opinion,
Mr. Mayor, that it would burden this franchise-- bat I think that it is incumbent
upon this Commission to allocate a certain sure of money every year so that the City
Attorney's office has the extra funds with which to hire expert witnesses and counsel
to go ahead and contest the applications for increases from Southern Bell and I'd
like to give you some history on that.
Mr. Plummer.-: Marty, excuse me, you don't mean automatically to contest, only if they
feel that it is legitimate.
Mr. Fine: Oh,..absolutely.
Mr. Plummer: Well, you said automatically to contest which means there is no legitimate
request.
Mr. Fine: Thank you for bringing that to my attention. But actually, the City Com-
mission nor any rate or any subscriber has no way of knowing if it is legitimate.
One of the other major utility companies in this community is asking for a third of
a billion dollar increase. My God, there is no way of checking that with the kind
of resources you have or the State Public Service Commission has. There total budget
is less than $300,000 for all the utilities in the entire state, and I submit to you
that history has shown that the phone company properly -in their opinion- has asked
for a rate increase every year for the last :several years and they .are going to con-
tinue to do that and I think you ought to allocate a sum of money, whatever it might
be, say $50,000 or $75,000 a year and put it .in your fund, if you don't use it use
it for other City purposes. But when you get to a big rate case, there is no way in
the world that you can successfully ask your. Legal. Department to fight their big,
strong Legal Department and all their expert witnesses, and all their witnesses in
the Wall Street houses who say that they have to have this rate in order to go out
and market the bonds and put it in there. And I submit to you that if you don't
pass it as a companion ordinance it won't get passed and we won't be properly repre-
sented at the Florida Public Service Commission hearing because I don't think we
have the staff City to do it or the expert witnesses to do it. I have a lot of other
comments about it but I think, basically, this franchise is pretty much in accordance
with what you have been saying with the exceptions of the items which were mentioned
here today.
(BACKGROUND COMME TS )
Father Gibson: Wouldn't it be reasonable to take a percentage of that more than 3%
and set it aside?..
Mr. Fine: Well, of course, they haven't agreed to pay more than 3%..
feather Gibson: Well, you know, I'm not worried about that now...I think that if we
get a 3-1/31, a portion of that ought to be set aside in a kitty that will accrue
interest and all of that for that purpose.
:Mr. Pine: I think the big point is to get some money set aside, I don't know what the
mechanism ought to he but 1 think the :Manager's staff has done a good job in negotiating
with the City along with Judge Horton and 1 think you are very close, but I think
there are some points which are quite important.
Mr. Plummer: Can _I?...Marty, are you finished? Can I ask a question? I think it
would be appropriate Mr. Grassic , if it meets with your approval, to ask of Mr.
Merrill-- we !aired an outside consultant, a firm --I forget the name... Beck firm,
all right, Mr. :Merrill, do I remember correctly, six, seven or eight months ago, that
the Beck firm fade a statement either at a workshop meeting or a public meeting, that
54
they felt that 5% or ,;, was a fair and equitable franchise?
UNIDENTIFIED SPEAKER: I don't remember their making that statement.
Mrs. Gordon: I remember.
Mr. Plummer: Well, maybe Mr. Andrews made it to me,..I don't know. Did they profer
what they felt was .s fdir and equitable percentage?
Mr. Clark: I don' remember :=eeieg :,nything in writing from them and I don't re-
member them sayi.ny that --what the percentage would be.
Mr. Plummer. Well, o.k., I'm h ping Mr. Grassie that if you are expecting a decision
since we paid that firm, I thing; el0,O00...
Mr. Grassie: No, we didn't.
Mr. Plummer: How much did "e pay them? $7,500?
Mr. Clark: Not over: $5,000.
Mr. Plummer: All re_thL, Sir, we paid them, or we obligated ourselves to pay ---
that if you are expecting a ,"irial decision on the 23rd, we will have the benefit of
those people being here: because I .io distinctly recall that one of these high-priced
consultants did in:,a ;;.,:c to n:e that 5% )r 6% was not out of line and if you might
even inquire prior to :r =iee of them if they made such statement, if not I will
ask them to make -e71 they are here ---what is a fair percentage.
Mayor Ferre: Are there : u:-'-.iir ic: s ' r-)m members of the Commission? I would --
Mr. Grassie, a:.c: elea.te s7Htr:rFrot , r misunderstand, this is your first meet-
ing and I ur.derstaed .ea , oe have a lee of t.- ~tgs in your mind, and a lot of things
to attend tc.. T woul:_i like to state .arid 1 don't mean this in any way offensively or --
please don't t.s:.e ofor th a:. _.. h con'» xt---the good, positive context in which I make
this statement. c:.a't at important that when this Commission goes on record
voting on sometei:: g , t_ _. a _. that be z o, until the Commission otherwise changes. This
Commission wen' on re, , rt .. _ ° ., L i.:ts . Now, I think they have to be answered,
they have been verbally hen:, I'that if you come up with this document on the
23rd I think we ought eo have prepared the other points that the Commission discussed
so that we can vr..•-.e ee he :: ei r..te l r and then vote on the total document when we
finish. Now, as 1 ur:cierstand at the S points have now been expanded by two more.
Mr. Plummer: No Sir, b', six more If you are going to incorporate Mr. Fine's com-
ments.
Jt'Mayor Ferre: Well, let's see what they are.
Mr. Plummer: He says that, No. 1, they clarify on the right of the Southern Bell or
the City -whoever is correct- as to Southern Bell's contention that they really in
fact didn't need the City franchise that they had...
Mayor Ferre: No, what he said was that we get a waiver of their right.
Mr. Plummer: C-.k.: well, Leen ie r.eudti :o be clarified, in this present franchise.
Mayor Ferre: Are you ie agreement wth that?
(BACKGROUND COMMENTS)
Mr. Plummer: I'm u war. :r. Fine also spoke to the outside auditor, independent
auditor,..
Mayor Ferre: Well, that was a clarification.
Mr. Plummer: No. ?, was the statute of limitations as to, what Marty?...
(INAUDIBLE COMMENT)
Mr. Plummer: right., tr,e three-year statute of limitations on records..
Mayor Ferre: Wait, wait, wait a minute, so.we go one at a time, you mean.,
(INAUDIBLE RESPONSE)
55
Mayor Ferre: Judge, is that something that you feel is reasonable?
(INAUDIBLE RESPONSE)
Mayor Ferre: So 5 years limitations is reasonable, is that what you are saying?..
(INAUDIBLE RESPONSE)
Mayor Ferro: Is that a problem?
(INAUDIBLE RESPONSE)
Mayor Ferre: How much time is the maximum that you are required to keep?..
(INAUDIBLE RESPONSE)
Mayor Ferre: I don't either, I really don't think that is a major item, I think
whether they keep them 3 or 5 years is not going to make a difference. Three years
I think is plenty.
Mr. Plummer.: The fourth item was to get the consultants' opinion as to the entire
ordinance.
Mayor Ferre: All right, is that acceptable to you, Father?
Father Gibson: The time, let's make it..whatever the government says, let's go for
that.
:Mayor Ferre: Well, that's axiomatic, because it's .in there anyway.but I think year
is specific or as otherwise required b', ,ny other. agency. Now, with regard to the
report from the Beck Company...do you agree with that? ..Rose..
Mr. Plummer: It should be submitted to them and y
t their recommendation.
Mayor Ferro: ..What's the next. point.
Mr. Plummer: The fifth one was to clarify the term "base", to be more definitive
and more clear in what is the "base." Six...
Mrs. Gordon: Actually, I think the intent is --the one which cites within City
limits be that if one terminal is within City Limits...
Mr. Plummer: No, that is number 6, Rose..
Mrs. Gordon: Is it?, all right go ahead.
(INAUDIBLE COMMENT)
Mr. Plummer: Six was the data terminals. All right?...
Mayor Ferre: Six was what?
Mr. Plummer: The data terminals --if one existed in the City and the other one was
in Coral Gables that it should be county wide rather than city wide.
Mayor Feire: Well, that of course, is something that will have to be discussed.
Mr. Plummer: And the seventh item wad that a specified amount be included in the
franchise for a so-called Public Defender at the rate hearings.
Mrs. Gordon: Not in the franchise....
(BACKGROUND COMMENT)
Mr. Plummer: You mean separate from?..
s
:Mayor Ferre: Yes, I think that is something that we can decide or any other future
Comnission..1 would strike that, Marty, I get this point, I think it is relevant, and
I think we ought to consider that after and if passed it the voters will vote for this.,
Mr. Plummer: Well, I think that was taken, Mr. Horton, but just for the record also..
the legality of the CATV -whether or not the City has the right to include that in the
franchise.
Mayor Ferre: All right, Sir?
56
FATHER GIBSON: But let the ask this, Mr. Mayor, if we go to the voters and say to
the voters the franchise is 3.3%,.ah.., unless it is expressly stated that we are
going to set aside some of that money, we would be in trouble, wouldn't we?
Mayor Ferre: I don't think so, Father, I think how we use the money is up to the
City Commission.
Mrs. Grodon: Maurice, you stated very definitely that you were in favor of the
3-1/4%.
Mayor Ferre: Well, I've voted for
the reason I wanted the 3-1/3% was
not get the fourth vote then I, as
he has and expressed his opinion I
Mrs. Gordon: 3-1/4%.
Mayor Ferre: 3.25%, yes.
that from the beginning..and let me explain that
in trying to get the fourth vote,and since I did
far as I am concerned since the Manager feel as
think...I am willing to go back to the 3-1/4%..
Mr. Plummer: Well, I might remind you, tdr. Mayor, the reason why you did not get
your fourth vote was not over the percentage. Mrs. Gordon's dissenting vote was
based upon she wanted included intra and interstate..
Mayor Ferre: I realize that, but that has been clarified... I am just..look, I'm
just giving you my opinion of where we stand at this point and that's how I would
vote. That does not meao not vote for 3-1/3%, if that's the majority's will
and that is the way it goes, 1 vote tr, it.
Mr. Plummer: May I ask a question of the Mnager? Mr. Manager, most importantly,
their franchise ran out on the 12th day of August. What is their posture now, right
now, in lieu of a new franchise?
Mr. Grassie: We have a letter agreement betweent the Company and myself to continue
the payments to the City on the existing basis, the old basis, for 30 days while we
are resolving the terms of the franchise.
Mr. Plummer: Well, very obviously, we are not going to be making that agreement
within the 30-day time frame.
would
Mayor Ferre: Leo me point to you that it/cost- the City of Miami several hundred
thousand dollars.
Mr. Plummer: And I still see Mr.Grimm and his manpower people running out there
fr earing down poles on the 13th. What I am really saying to you is-- do you need to
extend that again by authorization of this Commission? And also, it was my under-
standing somewhere that that fee was going to be 2% in the interim. I thought we
had passed a Resolution saying it was 2%. In the interim until the new franchise
was approved, am I,..am I.... (INAUDIBLE COMMENT)..it was offered but it was not
passed, is that what you are saying? When, maybe I stand corrected. But what I
am saying to you is, I don't think you have the latitude to approve an extension.
Am I correct or not?
Mr. Grassie: Well, it is not an extension of the franchise.
Mr. Plummer: No, it is an extension of an interim agreement and I don't want them
to. come to the 13th and think that they are all going to get off scot-free until
they get something settled. That's what I am saying..
Mr. Plummer: Mr. Mayor, I move that the present 30-day interim agreement with Southern
Bell be extended until November 1st.
Mayor Ferre: There is a motion, is there a second?
(COMMENTS EXCHANGED).
Mayor Ferre:
Gibson seconds. Further discussion. Call the roll.
Mr. Plummer: That's November 1st, 1976..
(ALL COMMISSIONERS VOTE YES) - Motion 76-790 (See Page 64).
Mrs. Gordon: I have a very important question to ask of Southern Belk, Mr. Brown
particularly.. In the event we come to a conclusion -and it appears that we are
close to coming to that agreement- and I recall at your first meeting before you stated
57
that your Company would go the voters and state that in effect we were going to
be taxing them, etc., etc. If we come to this agreement with you, and you become
a party to this contract, is your line of advertising going to be addrettinq itself
in any way, shape or form to that approach?
(INAUDIBLE RESPONSE)
Mrs. Gordon: Not really, because what I want is that the tacts be known, of course,
but there are always, you know, ways of presenting facts so that people get an im-
pression of one kind or another and what I am saying to you...I am trying to be as
diplomatic about my question to you as I possibly can. Are you going in any way to
he helping to get this ordinance passed or are you....and I went to an attorney
you know, and I asked him what would happen if it did not pass.
(INAUDIBLE RESPONSE)
Mrs, Gordon: All right,..then there would not be that kind of promotion that I
discussed.
(BACKGROUND COMMENT)
Mayor Ferro: I tell you, Mr. Brown, if you are going to address the Commission, Sir,
would you come up to the microphone please? for the record.
Mrs.Gordon: While you arr coming forward, I want the record to reflect my feelings.
I feel tnat the people :.f _:e City arc entitled to receive -the taxpayers- to receive
the ad valorem tax --as mucl relief = possible and this is a fore of additional
revenue, of course, for the Ci y whic:. ,:oc.77 not affect --helps to reduce-- the ad
valorem, and that is the reason for my (lac _a,'1s to you. because o1 your initial
statements to us and now that we arc a.rrivine close to a conclusion -we are about
1/4% percentage point away and some technical aareemunts and even though I am
personally totally in favor of the intra, I um not going to carry that 1/4 point
across alone, so I am going to have to come in and ,;o with the group on that particu-
lar point. But on the term of years I said no but on the other hand if you come up
on the rate to our favor I will go along oitd that. You know, the whole basic thing
is your promotion going to be a positive or a negative ore.
Mr. Brown: Well, the purpose of my remarks here, is to say to you that I am very
disappointed in what ha.s taken place here today. I believe that this Commission
{ �'1
has ignored a great /o iAlat has been taking place for several months here in the
way of negotiating which has been a give and take thing, and it certainly has not
been taking on our part, we have given to the point where the agreement which we
had tentatively come to here increases the City's take by over a million dollars
a year, for thirty years, that's 30 million bucks. Now, this Commission really
can't appreciate the exchange of ideas, the exchange of information that has taken
place in this bargaining sessions. You can't sit here and understand, really
understand, the --I don't think you can, in my own opinion you can't-- because
I study it and I live with this sort of a thing, -the give and take that has taken
place here. And then when you get the information which you had in your workshop
it points out to you that in 1975 the telephone subscribers in Miami raid us
$7,131,000 for the purpose of being operating within the City of Miami and the
ones that you keep throwing at us is Atlanta or Savannahs- --Atlanta paid $R,071,000
during 1975 so when you add the $1,000,000 increase that we are already talking
about to the $7,000,000 that we arc already _raying that pots you in excess of..
Miami and instead of accepting it at $1,000,000 you are talking approximately
another $200,000 to $300,000 a year for a 30-year period of time, that is about
$6,000,000 over the period of the franchise and I just don't believe that you folks
have had the thorough understanding that y ;a r;hould have to arbitrarily stick to some
percentage. Now, I can arbitrarily say that I am not going to the 3-1/4%, I'll try
to negotiate and to bargain what is right for the City and what is right for the
telephone subscribers. Apparently, we have been unsuccessful in this. 1 would
certainly suggest that if we are going back into a bargaining session With the City
that a Commissioner represent you on a oarg.inlr:] team so that you wi11 .have soma
appreciation of what has taken place and not listen to idea.s that eome off the t_e,i,
of the head of individuals who haven't boon ` l t! log ifi C'o it. 1 ,'apologize to tn,•
Commission for having been so blunt and oatspoke:; on this but. I m really disappointed
In your actions and will have to say to you tilt i WOUi'i have tf) reconsider any
further proposal that might come forwar 5. ' i we are talking about 1/4'r. I want
to change some basics, if you are talking about adding something t o the batie t
want to chance the percentage, so I think that the comparison of dollars that the
City of '.i.ni is Getting from telephone subscribers far surpasses what is being
cotter. _.. any other city and we have given you the "favorite nation"'s clause in
this thing, and I think that the base, grows your revenues will. grow and since the
f:
Sh
last meeting -and it wasn't emphasized here today-- I have given you permission
to go on conduits which have not been in it before, we have 18,000 poles roughly
within the City, you figure $7.00 to $8.00 a pole for light fixtures --I don't
know how many linear feet of conduit you have at about $.30-.40 to $.50 a linear foot
for the usage, so that is a great value to the City and I don't think you ought to just
be arbitrarily saying 3-1/4% and nothing else. Thanks.
Mrs. Gordon: May I ask you a question before you leave the microphone, please Sir?
You were in agreement then on the 25 years?
Mr. Brown: Yes, I think that the reason why -- and it was touched on but it really
wasn't explained clearly. I have a choice in making some invesments in the City
or make them outside the City. If I make them inside the City you get ad valorem
taxes on them from the period of time they are here.If I have got such a short term
of franchise involved then my leaning would be to locate them where I would have a
longer period of time to amortize them. It's just a business decision that I would
have to make and certainly 30 years is acceptable, I did agree to 25 simply because
the negotiating team thought that you were all stuck on 20 or less and when we ex-
plained these things to them they --I think saw the reason for their position and
that is the reason that...
Mrs. Gordon: That's what I wanted to understand, that you were agreeable.
Mayor Ferre: Rose, I do not want to belabor the point but Mr. Brown, the point that
I was trying to :Hake you go out to the bond market all the time, don't you? It is
certainly easier to borrow money if you have 30 year resources guarantee than if you
have 25 years, isn't that su!
r. Brown: Certainly - at a cheaper rate.
Mayor Ferre: So therefore, my point again is riot whether or not- frankly as you
know my opinion was that we go to 10 or 15 years- but we are not going to go to 10
or 15 years and if we are going to go to 10 or 15 years and then we are going to go
to 25 I'd rather go to 30 and get the advantage of going to 30 ...It's plain economic
fiscal common sense... I think Florida Power and Light has an advantage and I think
we've got an advantage, and I think that one of these advantages that we have to get
is get a little money out of it.
Mr. Grassie: Mayor, as you know as a business man, the longer the term the higher
the rate.
Mayor Ferre: The longer the term on a guarantee basis the lower the interest rate.
If I have a guaranteed income of a million and a half dollars, Mr. Grassie, and I
do not mean to quibble with you over elemental economics, but for 20 years I would have
!. guaranteed income of 30 million dollars. If I have the same thing 30 years, I have
a guaranteed income of --how much--? 30 and 45, so, in other words, obviously if I
go to borrow money and I say gentlemen, I have for you 30 million dollars, or --
gentlemen, I have for you 45 million dollars, I can borrow more money and at a lower
interest rate if I have 45 than if I have 30. To the best of my knowledge. Mr. Brown,
isn't that the way you do it?
(INAUDIBLE RESPONSE)
Mrs. Gordon: Mr. Brown, may I ask you a question? What is your preference, 25 years
at 3% or 30 years at 3-1/4%?
Mr. Brown: I am not going over 3/,, Mrs. Gordon, I think I have made that very clear
all along.
Mayor Ferre: You see, Mr. Brown, I want to explain so you understand that I am not
really being arbitrary. I am just trying to get the four votes, and I just know I
can't get the 4 votes with 3%,• I just know I can't get the four votes, and I am just
hoping that if we can get up to 3-1/4% I might get that fourth vote.
Mr. Brown: I was hoping you would get four --five votes, really. But I must remind
you that if we go on litigation, Mr. Mayor, that there is going to be a long, dry
spell of any payments on this thing, and 1 think that this is something that when we
pursue what we feel our rights are.... Sir?...
Mayor Ferre: 1 said...1 repeated what you said, Father asked me what did he say
I said you had said that there would be a long dry spell without any payments....
I don't know but, counselors, I'd like to ask you, don't you think that if this
thing gets to an impass and we go to court that we could go for some kind of an
emergency hearing so that the court will at least continue the payments on a partial
basis, at least to what we have been paid until now?...
59
(INAUDIBLE RESPONSE)
Mayor Ferre: ...I understand,...I understand..A11 right, what else do we have
before this Commission? Mr. Grassie?...
Mr. Grassie: Well, I think I need some instructions from you at this point,
Mr. Mayor.
Mayor Ferre: As to what, Mr. Grassie?
Mr. Grassie: I have just lest all my credibility with the Company in terms of
negotiating...
Mayor Ferre: Mr. Grassie this is...you and I have gone around this now twice
in private and now this is the second time in public...And I told you from the
beginning, and told you again the second time, and told you again today,..and I'll
repeat it- you cannot speak for the City of Miami, the only people who can make
that decision is the City Commission, I can't do it, because I put it out here
and...I tried to pass this thing twice and got knocked down....Now, what I am trying
to say is I dont think you should, in any way, take this either as a loss of credi-
bility or otherwise because you were instructed to negotiate in good faith and you
have, you ,_ame back with a recommendation. The recommendation is not acceptable
to this Commission and it is not acceptable to this Commission based on nothing
new but a repetition of eight points that were made on the rf_ord and passed by
this Commission at a previous hearing. Now, you were not the Manager at that
time so you perhaps wer not privy to it even though I did mention it to you in our
conversation and repeated these eight points. Now, you went in there, negotiated
with Mr. Brown in good faith and you cane to an agreement that he felt he could
live with and you felt the City could liv» with. Unfortunately, this Commission
has not taken that position, so, what do yc•L deg now?..Welt, I suggest that you
follow the instructions of the Commission, ,:nd 1. think they have been made clear,
and that is that we will hear this thing on September 23, you will bring back to
ordinance as you have it here with side pieces of paper with the amendments as dated
by Plummer on the record and they were originally eight points and he added two or
three...go hack over the tapes, you know...
(INAUDIBLE COMMENT)
Mayor. Ferre: I think this Commission went on record on that..
Mrs. Gordon: ?ir. Mayor, if you are instructing the Manager to redraft this contract
with an amendment I think you ought to say again what you want him to put in there
for a rate and the term of years,..what you want him to put in there not what...
Mayor Feee: As you said, you are not going to vote on this and I agree with you
so therefore what I recommend is this- I'm ready to vote on this today if you want...
Mrs. Gordon: ..No, I am not.. because the contract...
Mayor Ferre: Well, I'm ready to vote on principle today because I know exactly how
I feel about this thing and I'm ready to go on record on it; now, ----and, I already
have, if the rest of the Commission wants to do the same thing that's fine with me
and then we will come back on the 23rd with a final hearing with specific instruc-
tions. Now, the other alternative is just to break up now, you know what we've
said, go over those tapes, and prepare the amendments and we'll vote on the amend-
ments one by one.
(UNAUDIBLE COMMENT)
Manor Ferre: ...That's right, that's correct,.. oh, there is no question about that.
But, I just...look, I realize that this Commission broke the part for different
reasons --twice, when this was brought up for vote before. I want you to know that
you need 4 out of 5 votes and on both occasions we got three. Now, the only reason
why I'm going up to 3-1/47/_ is because I don't think --and I may be wrong,..put it to
a vote-- I don't think this: Commission is going to go for 3% and my intuition may be
wrong. If you want to make a motion, you make a motion...
Mrs. Gordon: Yes, but you are including the 30 years and that changes the picture,
Mr. Mayor. You only have three votes, you need four.
'•ir. Pluia^:e r: Just so that there is no misunderstanding, Mr. Mayor you had three votes
for two profered motions of yours, not necessarily accepted by the Company. So there
will have to be a final determination, --preferred votes by you hoping to get a con-
sensus of this Commission which you could not do.
Mayor Ferre: Mr.Brown, I will not repeat my old lecture about climbing the ladder
but you know exactly, ----one step at a time.
Mr.Plummer: ..One step at a time.
Mr.Plummer: But it depends Mr. Mayor where you start on that ladder, if you start
at the top step there are no more steps.
Mayor Ferre: Well, but I don't know where that top step is,..now, Mr. Grassie knows
but I don't know. See, 1 don't feel that way, I don't know where it is. What I am
trying to do, --I know I can't get more than three votes, I tried twice and failed,
I'm trying to get four votes. The moment I have four votes then we have something.
Mr. Brown: I don't think we should be dragging this thing out and I don't want to
in any way mislead the Commission of the City and..as I previously stated,neither 31/4%
nor 3-1/3% are acceptable by the Company. I have gone to the maximum when I can
go to 3% and if the City does not elect to accept that then I think we would be
wasting the time of the negotiating teams to sit down and talk about any variation
of this and it would be my suggestion that we consider resolving this by litigation
if we can't do it otherwise.
Mrs. Gordon: May I ask you a question?
Mr. Brown: Yes.
Mrs. Gordon: In lieu of the 1/4% are you willing then to concede in order to get
5 years longer period of time for the franchise, or would you be willing to allow
some service,..of the charges for services that are extended to the City to be
given to the City in lieu of...Are you willing?
Mr. Brown: I'm sorry but I couldn't understand you.
Mrs. Gordon: I am trying to say that since you made a very flat and definite
statement just now since you did agree to 25 years, we prefer 30-- are you willing
to concede on some of the services that the City pays Southern Bell, quite a sum
of money, if my recollection is correct it was off to $700,000 or in the neighbor-
hood of that.
Mr. Brown: What I would be ready to do is reduce the 3% to where it would be neces-
sary to accommodate the free services, Mrs. Gordon. I mean, the 3%, is the absolute
limits to which I--- and this is what I referred to a while ago when I said that
the Commission has been sitting in in these negotiating sessions and it really does
not have an appreciation of all the things that we have given and built up to where
we are. Somewhere along the way there has to be a place to stop and this is where
I am right now...
Mrs. Gordon: I know, but you are not willing to concede anything on the services
is that correct?
Mr. Brown: That is correct, unless it is taken off the 3%.
Mrs. Gordon: O.k., but you are willing to close on the 25 years.
Mr. Brown: Yes.
Mr. Plummer: Well, let me ask a question Mr. Legal Beagles..They are talking about
litigation what are the other alternatives?
(INAUDIBLE RESPONSE)
Mr. Plummer: No,...I'm not, I'm speaking about that if they are --excuse
since you don't understand my question-- since they are existing without
then they are trespassing on City property, is that correct?
(INAUDIBLE RESPONSE)
Mr. Plummer: Condemnation when their franchise expires?
(INAUDIBLE RESPONSE)
me,
a franchise
Mr. Plummer: No Sir, but you can ask them to remove office from City property.
Am I correct, there?
(INAUDIBLE RESPONSE)
61
Mr. Plummer: No, Sir, I did not say that. They are not asking for that id the
franchise.
(INAUDIBLE RESPONSE)
Mr. Plummer: Not necessarily, if you want to say the poles, yes, but they immediate-
ly can start negotiating with private property owners for the same right on private
property.
(INAUDIBLE RESPONSE)
Mr. Plummer: Well, o.k., I'm asking, what are the alternatives. Let me ask my
question again: other than going to court, are there any other alternatives?
(INAUDIBLE RESPONSE)
Mr. Plummer: O.k., that's the answer...not necessarily the answer I wanted but
that's the answer that I was seeking.
(INAUDIBLE COMMENTS EXCHANGED )
Mr. Plummer: It seems tat to me we don't have to give them notice to get off
our property when their franchise expires that's notice within itself. Am I
right or wrong there, Sir?
(INAUDIBLE RESPONSE)
Mr. Plummer: Would they instigate a lawsuit against us? If we don't come to
grips on the 23rd where the hell are we? That's what I'm trying to get at. Do
they instigate a lawsuit against us? ..Do we instigate a lawsuit against them?
Is it a mutual lawsuit? Where?, where are we?
(INAUDIBLE RESPONSE)
Mr. Grassie: We need from the City Commissioner some direction as to what he wants
us to do. Do you simply want us to bring the thing to you on the 23rd?
Mr. Brown: Well, simply that's all you are going to do. This man has refused to
budge off of the 3%, this Commission has refused to budge off of the 3-1/4 ,..
what else is there?
Mr. Grassie: All I wanted to know is, if that's what you want that's what we'll
do..
Mr. Brown: Well, no, I think that the Mayor's point to you has to be taken into
consideration. He wants you to profer a contract to this Commission based upon
incorporation of these points.. That's what I understood, now he can speak for
himself.
Mr. Grassie: Without the consent of the Company.
Mr. P1umtm.er: Well, it's a unilateral contract as far as this Commission is con-
cerned right now, we didn't agree to it. What you have proferred to me here, Sir,
whatever you call this, I'm telling you if I understood the Mayor correctly, you
profer one two weeks from today with those points incorporated that this Commission
set its policy.
(EXCHANGED COMMENTS - INAUDIBLE)
Mr. Plummer: Exactly where Southern Bell proferred this one today and did not get
anything.
Southern Be11's
Attornev: Would it be appropriate?...It does appear to me that there is a sig-
nificant likeiyhood that the matter will be litigated. Would it be appropriate
for the City Manager to submit the agreement with the changes and I'll have Mr.
Brown as a formal matter to reject those items which are not satisfactory perhaps
at the September 23rd meeting? But my real question is, would it be appropriate
62
for Judge Horton and myself to get together and try to -I think in..the negotiating
sessions I have done this-- express to the City Commission as I have to the City
Manager what we would view as our position in the litigation and what the City might
view as its position in the litigation so that you all will be as well informed as
possible as to what the relative positions of the parties will be. I'm not asking
Judge Horton, of the City Attorney's office, to reveal their litigation strategy
to us but it does seem to me that the dimensions and issues in the lawsuit are some-
thing that any potential litigant should take into consideration before jumping into
it. I'll be happy to get together with Judge Horton and...
Father Gibson: Mr. Mayor, I have a feeling that if we do as you indicate about the
23rd between now and then these are reasonable men, they'll get together and work
out the solution. I know you well,...you will all get together and work out a
reasonable solution, o.k.?
Mrs. Gordon: If it does go to litigation, which I really hope it does not, I would
expect that we would go for the whole thing which is the intra-state,.. and the
portion of the intra-state up to the State line and everything else that we really
feel they are entitled to not just part of it.
Attorney Bel}'Would expect that, all I'm saying is if we could tell you what the
Y�
relative position of the parties will be and what the reasonable probability of
prevailing on those positions and issues are, it seems to me that you would be
better able to make a judgment ch'ut whether or not you ought to have litigation.
'" I don't think litigation is the best way to settle anything...
Father Gibson: Proceed for tiie 23rd, please go in peace and say no more. Go for
the 23rd.
Mayor Ferre: Anything else? anything else at this time? from any members of the
Commission?...Mr. Brown?,...any interested party? Mr. Grassie? All right, thank
you very much. All right now, would you believe that we are on the first item
of the 1:00 o'clock agenda, which is item 30, we are three hours behind time.
the following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-790
A MOTION TO EXTEND THE CURRENT INTERIM AGREEMENT WITH SOUTHERN BELL
TELEPHONE COMPANY TO NOVEMBER 1, 1976
Upon being seconded by Commissioner Gibson, 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.
64
36,INSTRUCT CITY MANAGER TO NEGOTIATE WITH NEWLY APPOINTED CITY ATTORNEY
FOR CONDITIONS OF EMPLOYMENT
Mr. Plummer: Mr. Mayor, may I interject and I'm sorry to have to do this, but
in
act
Ctysthry yid Now, haslwent anybodyothe men's room we been designated to sitedownfwithselected it when thisindividual
City Attorney.
to discuss the terms of his contract?
Mayor Ferre: No sir.
Mr. ranspiredWanddid
wethat
congratulate they M
anager,
termsiwhichthink
aybebefore
oranything notagree�-
has ttrap p
able to him to or to us.
Mayor Ferre: You won't have problems. I don't think.
Mr. Plummer: Well, I'm just saying somebody's got to do it.
Mayor Ferre: I would like to recommend that the negotiations be done by the
City Manager.
Mr. Plummer: I have no objections to that, but I think its got to be stipulated.
Mayor Ferre: Plummer moves that the Manager be instructed to negotiate with the
proposed City Attorney fnr terms of employment and come back with his recommend-
ations to this commission for final determination by this Commission.
Mr. Plummer: Not only jest terms; '.biL includes salary, pension benefits,
emoluments of office ... the whole b.11 of wax.
Mayor Ferre: The whole thing. All right, is there further discussion on that
motion? Call the roll.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-791
A MOTION INSTRUCTING THE CITY MANAGER TO ENTER INTO
NEGOTIATIONS WITH GEORGE KNOX, CITY ATTORNEY ELECT,
CONCERNING MATTERS OF TERMS OF EMPLOYMENT AND TO
SUBMIT SUCH REPORT TO THE CITY COMMISSION.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
SET PUBLIC HEARING FOR OCT, 14,
37, PROPOSED CLOSING OF FLORIDA HIGHVAY PATROL DRIVER LICENSE EXAM*
FACILITY AT LENTRAL SHOPPING ['LAZA
Mayor Ferre: i see that there is .i g; -oup ,'f people hove twill the Shopping; Center
on 7th and 37th where that State Licensing School is located. That seems to be
a real crisis problem. Mr. Sabenes, are you here on that same thing? :\l1 right,
now let's see if we can perhaps take that as a pocket item and it we can at least
... we're not going to resolve it today, but let me see if we can do it this way.
Mr. Manager...
Mr. Grassie: Yes Mayor.
Mayor Ferre: We have a problem out there in that Shopping Center. As you know
the neighborhood has insisted that, that whole area be fenced and these people
has an accessed problem. It's come up before the Commission several times. Last
time it came up I think was two months ago. We stated, if I'm not mistaken that
we would let two or three months go by and we'd sec' how it was working.
Mr. Crouch I reviewed the minutes this morning an that Mr. Mayor. It was the
will of the Commission that this be brought back in uctober for turther review to
see if the citizens of the area were satisfied that the condition of the wall and
the condition of the traffic situation that was to be changed on 37th Avenue as
I remember. So, we had this tentatively scheduled for your zoning meeting in
October to be publicly advertised and heard.
Mr. Plummer: Bob, has ...iything been done about moving that light up or ingress
egress.
Mr. Crouch I have no idea this was to he handled through, as I remember
Planning Department, Public Works and D.u.i'.I'.
Mr. Plummer: Well, has anything been done. I'll ask the question again? What?
Mr. Crouch: Public Works Department reviewed the property to sec about changing
the access and this proposal was transmitted to the State Licensing Division
and we have received a response which 1 have called my secretary to get the facts
wherein they said that these would not he acceptable to solve the problem and that
they felt the only solution was access onto 1 l tit Street as I recall whats in that
letter. They felt that the City had not adequately heard or taken into consider-
ation the problem that they have at that location.
Mr. Plummer: The second point as I recall it was that they were to look for some
other facility within the City of Miami.
Mr. Crouch: We will have to contact the State Highway Patrol ...
Mr. Plummer: I'm just merely asking for a determination. Have these things
been done?
Mayor Ferre: So these people can go, I would like for you,if, and I put it at
your discretion Mr. Grassie if you can fit it in the afternoon of the 23rd fine.
If you can't fit it on the 23rd, then it will have to be the first meeting of
October, which is on the 14th, but try to get it in on the 23rd and then let
these people know. Excuse me for speaking Spanish now.
Before we came over this morning Mr. Mesa spoke to the supervisor
of the Drivers License at the station here on 37th Avenue and one of the things
that they want to know is whether or nut this Commission is willing to do some-
thing about it because they had already started construction of a new facility
on 138th at 42nd Avenue. Let m' say this phrase. This is just a clarification
there are two Drivers License Stations now ... one: .is on N.W. 79th Street.
Mayor Ferro: We all know that.
All right. That is definitely going to be moved to that place,
Mayor Ferre: I understand. Look, let's get right to the point. Mr. Grassie, 1
firmly believe that the City of Miami is going to loose that Station. And, 1 want
you to know that a third of the drivers of this community live within the city
boundaries or in the vicinity. I think it would be a major inconvenience to the
citizens and residents of Miami to lose that facility...
66
Mayor Ferre: I think it has to be brought to a head. I would hope you would
research, study this out, and come to a conclusion again from the administration
point of view, and schedule it for a public hearing on the 23rd, get all the
neighbors in here, get all the merchants and see if we can bring it to head.
If you can't do it on September 23, then it has to be on October 14. But
please call the major or whoever is in charge of that operation, and verify that
they have not already made a decision to move out, and find out where it stands.
Mr. Plummer: You are going to have to have a motion today to countermand the
previous motion.
Mayor Ferre: Which is the previous motion?
Mr. Plummer: Six months, ----right Sob?
Mr. Davis: I don't have the file with me.
Mayor Ferre: Move that one, the Manager be instructed to look into it and
report to the commission, two, that the Manager be instructed to discuss this with
the top people in the State and find out where they stand and three, if he feels
it is a matter that needs to be heard right away to put it on the agenda the 23rd
and if he feels it can until October 14, to put it on the 14th agenda and
so notify the interested �..*,.
Rev. Gibson: Is it my unuerstanal.n;:, that simultaneously as we go through our
procedure, the Manager will. also to wi_tn :ii. State people not to take any formal
action or take any action that will lead to tite end.
Mr. Grassie: You want us to contact the state and make sure that they do not?
Rev. Gibson: I am sure if they aren't certain that they are going to get some
relief. They are going to start making the necessary move. I don't blame them. I
think we might be smart and talk with chem right now, telling them what you are
supposed to be doing for the commission. They perhaps would not make that initial
step.
Mayor Ferre: Gibson moves, Reboso seconds, call the roll.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-792
A MOTION ESTABLISHING THE DATE OF OCTOBER 14, 1976 AS THE DATE
FOR A PUBLIC HEARING FOP. PROPOSED CLOSURE OF FLORIDA HIGHWAY PATROL
DRIVERS LICENSE EXAMINATION FACILITY AT CENTRAL SHOPPING PLAZA
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.
38. CLAIM SETTLEMENT - MR, BARI VIDAL & J. M. PONTIAC
$1,793,22 - PROPERTY DAMAGE CLAIM
Mayor Ferre: The City Attorney recommends that the Director of Finance
be authorized to pay without the admission of liability the sum of $1,793.22
to Bart Vidal. It is a settlement: for property damage claim against the City.
Plummer moves, Gibson seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-793
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MR. BART VIDAL AND J.M. PONTIAC, WITHOUT THE ADMISSION OF LIABILITY
THE SUMS OF $1,793.22 TN FULL AND COMPLETE SETTLEMENT OF A PROPERTY
DAMAGE CLAIM AND DEMAND AGAINST THE CITY OF MIAMI, UPON THE EXECUTION
OF A RELEASE, RELEASING THE CITY OF MIAMI FROM THE PROPERTY DAMAGE
CLAIM AND DEMAND
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
EXECUTE AGREEMENT WITH MANPOWER PLANNING CONSORTIUM
39, METRO OF DADE AND MONROE COUNTIES
Mayor Ferre: The CETA Title VI, Temporary Public Service Jobs Program
was operated by the City of Miami through June of 1976. It is appropriate for
the City Commission to authorize the Manager to execute an agreement with Metro -
politan Dade County amending the resolutions to provide for the correct contract
amount, to $4,133,140.00. What was it before?
Mr. Grassie: Parkins has that.
Mayor Ferre: If you are going to ask us to make a move like this, it
doesn't take much, to put in there, 'it was 3 million, two hundred forty-three
thousand, it is now going to be $4,133.140.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-794
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY
OF MIAMI TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY,
THROUGH THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE
COUNTIES, AMENDING THE AGREEMENT APPROVED BY CITY OF MIAMI
RESOLUTIONS NO. 75-234 AND 75-1148 BY INCREASING THE TOTAL
AMOUNT OF THE SUBJECT CONTRACT TO $4,133,140.00 AND MAKING
THE TIME OF PERFORMANCE EFFECTIVE FROM JANUARY 10, 1975 THRU
JUNE 30, 1976
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; None.
68
AUTHORIZE CITY MANAGER
4O, TO EXECUTE AGREEMENT
UUBGON rRAcT C, E , , A. PUBLIC EMPLOYEE POSITIONS
NITED FAMILY & HILDREN'S SERVICES INC.
CHRiIST AN COMMUNITY SE VICE AGENCY INC,
SABER INC, & CO,UROVE FAMILY HEALTH CLINIC
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-795-A
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH UNITED FAMILY AND CHILDREN'S SERVICES, INC. A NON-PROFIT
ORGANIZATION, FOR THE P?:RP0SE OF SUB -CONTRACTING C.E.T.A. PUBLIC
SERVICE EMPLOYMENT PO. ; .i IONS T) BE FUNDED THROUGH C.E.T.A. ALLOCATIONS
RECEIVED BY THE G1F OF MIAMI UNDER AGREEMENTS BETWEEN THE CITY AND
METROPOLITAN DADE COUNTY, AS AGENT FOR THE MANPOWER PLANNING CONSORTIUM
(Here follows body of omitted here and on file
in the Office of. the (.ity Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following v.te-
AYES: ':omnissioner Manolo Reboso
Commiss.:,_ T. L. Plummer, Jr.
Commissl^nip . Theodore Gibson
Vic. --Mayor h. Gordon
Mayor Maurice A. Ferre
NOES: None.
The following resolution wa:; introduced by Commissioner Gibson, who
moved its adoption:
RFSOLUT1:ON NO. 76-795-B
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH CHRISTIAN COMMUNITY SERVICE AGENCY,INC., A
NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUB -CONTRACTING
C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED
THROUGH C.E.T.A. ALLOCATIONS RECEIVED BY THE CITY OF MIAMI
UNDER AGREEMENTS BETI;F'EN Tfl±:. CITY AND METROPOLITAN DADE COUNTY
AS AGENT FOR THE MANPOWEP PLANNING CONSORTIUM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Conm-Lisso.ier Plummer, the resolution was
passed and adopted by the following vot-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner P.ev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
kJ
`� 0/6
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-795-C
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH SABER, INC., A NON-PROFIT ORGANIZATION, FOR
THE PURPOSE OF SUB -CONTRACTING C.E.T.A. PUBLIC SERVICE EMPLOYMENT
POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLOCATIONS RECEIVED BY
THE CITY OF MIAMI UNDER AGREEMENTS BETWEEN THE CITY AND
METROPOLITAN DADE COUNTY, AS AGENT FOR THE MANPOWER PLANNING
CONSORTIUM
(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 J. L. Plummer, Jr.
,.ommissioner Rev. Theodore Gibson
Vice -Mayor. Rose Gordon
Mayor. Maurice A. Ferre
NOES: None.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-795-D
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE COCONUT GROVE FAMILY HEALTH CLINIC, A
NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF SUB -CONTRACTING
C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED
THROUGH C.E.T.A. ALLOCATIONS RECEIVED BY THE CITY OF MIAMI
UNDER AGREEMENTS BETWEEN THE CITY AND METROPOLITAN DADE COUNTY
AS AGENT FOR THE MANPOWER PLANNING CONSORTIUM
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
(FIRST READING)
41, REALLOCATE $3,000 F iiDcr ,' L REVENUE SHARING FUNDS PREVIOUSLY
APPROPRIATED TO DOWNTOWN CITIZEN COMMUNITY CENTER INC,
f
AN ORDINANCE ENTITLED -
AN ORDINANCE AMaIDING ORDINANCE NO. 8466, PASSED
AND ADOPTED ON SP. TEZ" DER 26, 1975, AS A.NEtiDED,
WHICH NNAD;.. APPROtL:IAT 10NS OF FEDERAL .REVENUE
SHARING FiS DS '.R T:i.' FISCAL YEAR ENDING SEPTEi•t-
BER 30, 1076 , c :' I:`::.T..ZTLNG THEREFROM: THE
$3,000.00 APP :GPRI?T/ON THEREL; TO DOt NTOt•:`I
SENIOR CI":tI1::E.:`:. !'.;Ply ".T ITY CENTER., INC.; AND BY
INCREASING nisi.. A77. J•_ 74 TIO.i THEREIN TO COCONUT
GROVE FAMILY !; i .1.:L'; I,Y $ 5 0 0.0 0 ; AND INCREASING
THE APPROP71.ZATIW ALBA.N' S DAY CARE BY
$500. 00 ; AND .1;CIZ. L'y :i.:C THE APPROPRIATION TO
EDISON LITTLE RT :" : PROTECT YOUTH BY $700.00 ;
AND BY INCH' . L APPROPRIATION TO S.E.S.C.A.
HOT MEAL BY 5 0 0.0 0 ; AND =EASING THE
APPROP BIA.TT.O TO r,r)CONTrr GROVE AFTER. . SCHOOL HOUSE
BY $3O0. Cr}; Ai;D ;a.CRE SING TICE APPROPRIA,TION TO
COiSI"SLi :":%.. . 'q "Vt ICN OF SOUTH FLORIDA BY $300.00;
AND i:;'• �:�'.,: a` t.. (),T,T OPRIATION TO ACTION
CO . NIT', -10 0.0 O ; REPEALING ALL
ORDINANCE: , 11 ...TS 03 PARTS THEREOF tN
CONFLICT' INSCFAF `:F 1 ARE IN CONFLICT; AND
PROVIDZIC A S . E1?.1 :i.LITY• CLAUSE.
Was introduced by Commissioner Gibson and seconded by Commissioner
Plummer and passed on its firs rc,ading by title by the following vote:
AYES:
— NOES: None.
Commissioner '.'isriol t ':c?CoSo
Commissioner (Rev.) Theodore Gibson
Commissioner J . L. , F: um7ner , Jr.
Vice Mayor Rose ardor,
Mayor Maurice A. cc1r'i:
The City Attorney read the ordinance into the public record and
announced that copies were available `o the members of the City Com—
mission and to the public.
CITY MANAGER TO EXPLORE POSSIBILITY OF PURCHASE
WITH SURPLUS FUNDS A'1D REPORT HIS RECOMMENDATIONS
42, WHEELCHAIR BUS TO THE CITY C ; ISSIoN
Mayor Ferre: We have c: le.tt:•r c :o from ACTTON which has those two buses.
They want to buy a wheelchair bus, a- additional expenses associated with operating
the bus. Mr. Manager T am '»int to turn th•Lt over to you. Would you come back with
a report as to what yn.ir Ir._clr.::.:crx.:..t i ;:i is. As you remember we set aside $10,000.
to be used in the Lati:r co .;::ri t`i ;.,r :. E:ct ching fund with the United Fund,
United Way, to create .t L:: r; ',fr;:ir.; _ it c involved in Action Community Affairs.
That is in the budget , ario ; h::t r:,oncy has •Jc;t been used. The reason it hasn't been
used is because the United Way hired i o pi.. ;;can and decided that they want absolute
control. They did not fe•,' i , L 3� the . ;:. r:t< ,i to share this with the City of Miami.
They didn't want it to F:et in the public -ector and the political areas. They informed
me about a month ago the; wulild p;:y t i:,. H 11 amount of the man's salary and the
man is making $22,000. as 1 rcc:ail. in::t 10 thousand is unused for this past budget.
It has been sitting there. There peuplx- are requesting that money be used to purchase
the bus and you had be r tE r have :;,,eho„,' i::nk at the service they render and what
what they are doing, t:tc. SC_;redo. tj 1, i Le co -mission's decision in the
future.
Would you send a momr. r u t t:_ n as to what you recommend, before
the 23rd and let the ccmmi .•ic n on the 23rd.
SEP
1976
43, ESTABLISH DATES OF
PUBLIC HEARINGS SEPTEMBER 23 AND OCTOBER 14, 1976
DOWNTOWN DEVELOPMENT AUTHORITY
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-796
A RESOLUTION PROVIDING FOR PUBLIC HEARINGS TO TAKE
PLACE ON SEPTEMBER 23, 1976 AND OCTOBER 14, 1976 ON
THE PROPOSED APPROPRIATIONS ORDINANCE OF THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE
FISCAL YEAR OCTOBER 1, 1976 TO SEPTEMBER 30, 1977.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre.
NOES: None.
ABSENT: None.
44, ACCEPT BID - FIRE FIGHTERS GLOVES
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-797
A RESOLUTION ACCEPTING THE BID OF SAFETY EQUIPMENT COMPANY
OF FLORIDA FOR FURNISHING THE FIRE DEPARMTENT WITH 680
PAIRS OF FIRE FIGHTER'S GLOVES AT A TOTAL COST OF $6,392;
ALLOCATING FUNDS FROM THE 1975-1976 FEDERAL REVENUE SHARING
FUNDS.
(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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
72
SEP ::1976
45, ACCEPT BID - BOAT RAMP EXTENSION - MORNINGSIDE PARK
Mr. Plummer: I want to know why it's $999.00 to advertise. That seems like
an exorbitant amount.
Mr. Grimm: That's just one item.
Mr. Plummer: It says here...
Mr. Grimm: No, it says such as advertising.
MR. Plummer: What else is there ...
Mr. Grimm: Testing, all incidental expenses related to the job are covered
by that expense.
Mr. Plummer: I'd like a breakdown on this particular project, so that I can
know in the future.
Mayor Ferre: This is widening the existing boat ramp up at Morningside. That's
next to...
Mr. Plummer: See, what really doesn't make sense to me Mr. Mayor, they're widen-
ing the one up there. We've had the one here at the coast guard base now for
roughly five years and it'. probably one of the widest ramps there is but nobody
can use it.
Mayor Ferre: Because it's too steep.
Mr. Plummer: Well, no, it's too shallow. And, here we've got probably one of
the finest facilities available in all of Dade County. The widest ramp, the
best built and we can't seem to get money to complete that one so that it can
be used by the public. I don't understand things like that and I hope Mr. Grassie
take those comments in mind. Two reasons it can't be used sir, for your edificat-
ion. Number one, it needs to have a crane go in and dig it out a little bit which
is no major problem. Needs the dock to be built out so that when they launch their
boat they can have something to tie too. And, for those two little insufficient
things that thing has set dormant for five years.
Mayor Ferre: All right, you want to vote on it down or you want a report?
Mr. Plummer: No, I'll vote on 36.
Ferre: Gk. Call the roll.
The fciicw1:1„ resu_1.tion was introduced by Commissioner Gibson, who
moved adoption:
.4147.
v a... ... %. •.
anc �i c
AYES:
10-796
,; ,'. 20li.NDAT--:3:\ C,O. IN THE
�..;.. .:.0 ,:. ....i:OL..T ENTITLED
70 COVER
ALiUi.A -
1
: cboa.u::cr. w 1u
NOES; None,
r Q_
46. ACCEPT BID - HARD SURFACE COURTS - ALLAPATTAH-COMSTOCK PARK
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-799
A RESOLUTION ACCEPTING THE BID OF T & N CONSTRUCTION COMPANY
IN THE AMOUNT OF $37,500 FOR THE ALLAPATTAH-COMSTOCK PARK -
HARD SURFACE COURTS - 1976; ALLOCATING THE AMOUNT OF $37,500
FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FAC-
ILITIES BOND FUND" TO COVER THE PROPOSED CONTRACT COST;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $4,125 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $750 TO COVER THE COST OF SUCH ITEMS AS ADVERT-
ISING, TESTING LABORATORIES AND POSTAGE; AN) 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
Comte ;_ssioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferro
NOES: None.
47, ACCEPT BID - ASPHALTIC CONCRETE FOR WALKWAYS- BAYFRONT PARK
Mr. Plummer: Where is the money coming from?
Mr. Grimm: That project is partially a federal grant Commissioner.
Mr. Plummer: Excuse me.
Mr. Grimm: That project is partially a federal grant for the re -development of
Bayfront Park.
Mayor Ferre: Don't you remember that $300,000.00...
Mr. Grimm: --- of city money from Parks for Recreation Bond Funds and $300,000
00 in federal grant.
Mr. Plummer: Oh. Ok. Seconded.
Mayor Ferre: All right, Gibson moves. Plummer seconds. Further discussion,
call the roll.
74
_DEL' _- .191E
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-800
A RESOLUTION ACCEPTING THE BID OF T. & N. CONSTRUCTION
COMPANY FOR FURNISHING LABOR AND MATERIALS FOR SIDEWALKS
OF ASPHALTIC CONCRETE AND BASE FOR THE WALKWAYS AT BAY -
FRONT PARK , AT $3.05 PER SQUARE YARD WITH A GUARANTEED
MINIMUM OF 7,500 SQUARE YARDS AT $22,875 AND A MAXIMUM
OF 10,000 SQUARE YARDS AT $30,500; ALLOCATING FUNDS FROM
THE TITLE X - BAYFRONT PARK FUND.
(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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
48, ACCEPT BID - MODERNIZATION OF ORANGE BOWL ELEVATOR
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-801
A RESOLUTION ACCEPTING THE BID OF MIAMI ELEVATOR COMPANY FOR
THE MODERNIZATION OF THE "EASTERN" ELEVATOR AT THE ORANGE
BOWL, AT A TOTAL COST OF $23,353; ALLOCATING FUNDS FROM THE
1975-76 OPERATING BUDGET, RESERVE FOR IMPROVEMENTS.
(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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre NOES:
fi
49, PAY XRAV L EXPENSES OF ALICE SPANO AS MEMBER OF BOARD OF TRUSTEES
TO JAN I-RANCISCO - CITY EMPLOYEES RETIREMENT SYSTEM
Mr. Plummer: Mr. Mayor, I've got to chan:,e a resolution which was passed by this
Commission. And, I'll read it. It's just a minor thing of allowing Alice Spano
to go to the Conference for Pension's, rather than Ken Harrison. But, let me read
it and make it legal.
Mayor Ferre: J.L. you don't need to read a resolution. It's an ordinance you have
to read. Plummer moves the resolution that's being passed about ...
Mr. Plummer: Alice Spano rather than Ken Harrison to go to the Pension Seminar.
Mayor Ferre: Reboso seconds it. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-802
A RESOLUTION AMENDING RESOLUTION NO. 76-624 ADOPTED .TUNE 17, 1976
WHICH AUTHORIZED REIMBURSEMENT OF TRAVEL EXPENSES FOR CERTAIN
MEMBERS OF THE BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES RE-
TIREMENT SYSTEM SCHEDULED TO ATTEND A PUBLIC EMPLOYEES' CONFEREN-
CE IN SAN FRANCISCO, CALIFORNIA SEPTEMBER 12-15, i96 BY SUBSTIT-
UTING ALICE SP\NO FOR KENNETH HARRISON AS ONE OF THOSE MEMBERS.
(Here follows body of :-'!solution, omitted here and on tile
in the Office of the City (Aerk.)
Upon being seconded by Commissioner hcJoso, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferro
NOES: None.
/
poN FOR
URSE
50, MOTION OF INTENT: TOIATTTENDVICE AYR CONFERENCE OFFRINATIONALTpAVEL LEAGUEENSES OFELITIES
Mrs. Gordon: Mr. Mayor, do I need authorization to be allowed to attend the
Steering Committee for the League of Cities? I'm on the Steering Committee for
income, security and employment that's in San Diego...
Mr. Plummer: I so move that the authorization be granted for expenses and travel.
Mayor Ferre: Plummer moves. Gibson seconds. Further discussion. Call the roll.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-803
A MOTION OF INTENT TO REIMBURSE VICE MAYOR, ROSE GORDON FOR
TRAVEL EXPENSES TO ATTEND CONFERENCE OF NATIONAL STEERING
COMMITTEE OF NATIONAL LEAGUE OF CITIES, POLICY MAKING COMMITTEE.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
51, DISCUSSION ITEM:
RESIGNATION OF MEMBER OF THE ZONING BOARD
Mr. Bob Davis: I just wanted to explain the peculiar situation in that the
Rev. Johnson resigned. Normally, the Commission has the authority, of course,
to appoint the alternate as the new member. Mr. Johnson's term expires the end
of this year, Dt ember 31, 1976. Mrs. Callahan, who is the alternate , her
term as alternate doesn't expire until the end of 77 and she does not want to
fill this partial term and he cut of a job at the end of this year. She'd
rather maintain her stat.u„ as a% ai::.err;ate and sit in at that sense.
Mr. Plummer: That's what you call a guaranteed income.
Father Gibson: Mr. Mayor, Gibson's choice I'd like to have an opportunity to
consider it and I appreciate that explanation. It makes good sense. Because
I was going to say, let her... you know,
Mrs. Gordon: Let her just .it just as there's an extra seat...
Mr. Bob Davis: There will be advertisements made for the three new appointees
anyway at the end of this year.
Father Gibson: See, she coelu in the meantime as the alternate she could serve
anyway. All right. I'l k that. Beautiful! All right.
Ob
Mr. Plummer: A motion we delel 26.
Mayor Ferre: You don't need a motion. It's u._ferred until the next Commission
Meeting, ok?
52, PERSONAL APPEARANCE:
MR. NATHAN ROBERTS
Mr. N. Roberts: Ladies and gentlemen, I wrote a letter to Mayor Ferre, dated
June 30th, in which I stated what my purpose was going to be or what my purpose
was in writing to hire. And, I will state what my purpose is again. I told the
Mayor that with respect to the City of Miami that I had a critique to proffer and
to lay -out what I consider to be Miami's largely stand -still and increasingly
troubled place and pace as a city, playground and business and industrial center.
And, I told him also that I had a conception for a dynamic changeover-- for again
making Miami, already a household word, both an American and a world center of
resort, business and industrial activity.
"DEVELOPMENT OF THE CITY OF MIAMI"
Mayor Ferre: Mr. Roberts, let me interupt you and ask you how long do you think
your presentation is going to take:'
Mr. Roberts: Fifteen minuttu,.
Mayor Ferre: Mr. Roberts, I'm afraid we don't have that time. I'll give you
five minutes and then we'll extend it a few minutes after that. So you cut that
presentation short. I don't mean to be rude to you. We have at least three hours
more ... it's now 4:30, we've been here since early this morning.
Mr. Roberts: I think yo:.'il find it very instructive and I've worked very hard
on this. Please.
Mayor Ferre: Well, let me put it to you this way. Under our charter, the Mayor
has the authority to give any person live minutes and beyond that it's a question
of discretion Now, ?'1l give you :.ive minutes and if you want to take more
time than that, well I'll go a few minutes beyond that and if you want to wait,
we'll he happy to hear cod l :,r er on in the afternoon, but we've got the Orange
Bowl to take care of, and I've got .,t least... there's fifty-three items on this
thing, beyond there's about another twelve items beyond your agenda.
Mr. Plummer: Well, 1've got about ten.
Mr. Roberts: All right, then, let me say this that
I am very unhappy with the appearane of tr,e North East Section of the city from
Du Pont Plaza going north to i9Li; I think that Du Pont Plaza is an eye
Cr
sore. That Riseavne Boulevard which has the potential of being one of the most
beautiful streets in America is quite n lackluster, and mediocre. There are parts
of the -- in the northeast from 54th Street to 79th Street that are plainly unsav-
ory. Something has to he done to turn it around. And, 1 have an Idea of that
this is to he clone. (Because needed to d.+, it i;; really multi -hi l l ion dollars in
capital. And, the question always arises, where is it and where can you put your
hands on it? Well, there is a new and startling development in this country and
it is this, that there are literally billion of dollars which is in flight from
countries around the world and the focal point is the United States and New York
City. For example, recorded legitimate investment in the United States from
abroad rose in 1973 by 3'z billion dollars, a gain of 247, to a total investment
of 17iz billion dollars. And, the pace is increasing. Fiat, the Italian Automobile
Manufacturing is opening a plant in Mobile, Alabama. Michelin, the great French
Tire Manufacturer has plans to build and operate 8 to 10 manufacturing plants in
this country over the next ten years. And, already invested 300 million dollars
in plans that have been operating here in South Carolina since 1974. There is
an indication to that Phillips may leave Holland for the United States, Volks-
wagen has elected to build a plant near Pittsburg. There is this further to be
said. A lengthy article appeared in New York Magazine and I hold it up. New
York Magazine, the issue of July 5th, the article was entitled, "The Last Time I
Saw Paris It Was In New York." It's an article by an Englishman who is a contri-
buting editor of New York Magazine. His name is Anthony 11. Guess, and what does
he has to tell us and (I'm quoting)"The rich worldwide have a justificably had
case of the shakes." The British have been told more and less that they will he
taxed out of existance and the French are picking up a hint of the same from
brand new capital gain's tax. Things seem better in say, Spain, and
Portugal than they dia recently to spite Spain's near 20Z inflation. But just
whom can you rely on? Who? A couple of years ago would have predicated that
gasoline is of Beirut? The Swedes, the Indians, the Argentinan's, and the Taiwai'
ese's are among those who are becoming increasingly rattled. Even the prosperous
German's has had their inflation trauma .awaken by a recent unexpected 61z% wage
increase involving the printers and landowners are far from happy with talk - a
whopping new estate levying. The Italian toe, are on the run. As a result of
the emergence of the communist party in the government. In short, Mr. H. Guess
writes, "The Scutticr's Beginning." If it is not a particular uplifting spect-
acle it should be remembered that the European rich while much inclined to
chauvinism, have been that big on patriotism internationally as all meaning
everything. And, it is certainly something that they are coming to the United
States. The verdict on Brazil is that it is attractive but spectualated and
Canada, until recently, a favorite has been slapping stiff taxes, on for instance,
alien land investments to protect the locals. Hallowed tax shelters everywhere
are subjected to pressures from nationalism and irate superpowers. Costa Rica
isn't that much fun and Switzerland, nowadays a German broker tell me Mr. H. Guess
says regretfully that we do not trust Switzerland. Switzerland is too close to
Italy, too close to France. It is part of Europe and the rules can change at
anytime. If that happened Mr. H. Guess says, an awful lot of people would wind
up in jail. There is much else in H. Guess's account in New York Magazine that
is informative and instructive but the point is made. European, Latin-American,
Far -east in capital and their own... has made the United States a new mecca, a
New Haven for themselves. This country which was once the refuge of the poor
seems now to he the refuge of the rich. While America took in the poor and they
helped made this the richest country in the world. Now, let's take in the rich
and make it even richer, Miami included. I propose the following, that the City
of Miami open offices appropriately staffed in New York and a major European city
in South America and in the Far -east. And, in New York certainly is a first step
for the purpose of attracting capital for investment in Miami properties and in
the cities re -development. It is a particular moment that the European rich and
the rich from other continents have a particular place that they wish to put their
money in and it is in land and real estate. And, he writes quantities of wealth
have gone into land, the advantages obvious. Under SEC regulations, owners have
more than 10Z of U.S. Corporation must make disclosure. In most :Mates, no such
impediment bars the acquisition of land and several banks and real estate firms
have set-up entire departments devoted to acquiring real estate for foreign cash.
The Argentinan's ;)rt'Ier cattle ranches said Steven Weber up in Helmer Industries
of Kansas City. The c;er:nan's, the Italians, and the English, like top quality
land that pro.:i.ces a ,;ooli ,'ash : rop. Interest ..gI' , one of the al 1e reestate firms
ti..:t is ridine very it `r.:; tide o :1.ma ..i- for „ it
. ,:: •l:i ':: „' is Arlington
:\e.il.t" Gorporatiun, wle-e. has ...%teahl.: prtlpeetf s In _nc i, eater M emi Area.
Arthur . . Cohen, P reeldea,. o. .._ _ �r t"t: ., r
' ` �� _:.. company with
...1e i:L . Arl s _ot _ e :C: .:Li:. G i < ,. '1i
Avenl.t' 51st Stec: is _ii :a G :;ene teer
the . , :1: .in st.'rt' that has:. aee;". �. ..,....:: ,{ i,.. _ear t : . '.er :.
years. Olympia
Tower o make of otIise space a;.. . . _...,i apartments on its
upper fioors whose prices range from ie122,Gc-J0 close to three quarters of a million.
Stan of Arlington Realty says that about 80% of the towers occupancy
of what he calls multi -nationalists and these who live apart of the
year in New York are looking for other places in this country to invest their
money. To sum up, I believe that a program such as I propose if properly funded
and staffed cannot but succeed in promoting a major flow of capital investment
funds from abroad. I believe also that these funds will act as a magnet growing
capital from American Investors. The infusion may well turn out to be a priming
of the pump for a new way of interest and investment by Americans and by Canadians
as well. Thank you very much Mr. Mayor.
Mayor Ferre: I want to first of a:.i, thank you for being here Mr. Roberts and I
apologize. I hope you don't misunderstand. I think you made a very important
statement and I want to respond to it quickly by saying that in the next month
there will be ... we will have on loan from the State Department, an officer,
junior officer, which the City of Miami has agreed to pay a certain amount of
money to. The man has not shown up for work yet, but when he does I think he
might be assigned to the City Manager's Office. And, his specific purpose is to
follow-up on personaliy;and Mr. Crunpton in the city and others here have made
a distinction between community development and economic development. Certainly,
that falls within the purview of economic development and it's a type of thing
that we should pursue vigorously. You were not here this morning, but in that
vain we did discuss what we have on hand, which is the possibility of bringing
the organization of American States permanent trade center here, which Atlanta
is moving very quickly to get. And, if we don't do something about it soon we'll
going to end up just mis=,ng the boat again. The type of thing you're bringing
out is very important "tr. Manager, if you'll take note of that and assign it
to the appropriate officer, whL.,,r it's this new man or whoever is in charge of
economic development, :ertrsir1v, I : .' ,i, we should pursue these type of things.
All right.
Mr. N.L. Roberts: Thank you very much Mr. Mayor.
Mr. Plummer: Mr. Mayor, on that sane note, may I take 30 seconds to inform this
Commission, and I think it might be something the Commission might want to consider.
Florida Power & Light Company, on its own has created an office of Economic Develop-
ment for South Florida. My personal good friend has been assigned as head of
that department, Mr. Bill Klein, and Mr. Mayor, I believe it would be worthwhile
for this Commission to hear a brief presentation of what they're doing, because
at the present time they're doing it on their own without any help from the city,
or the chamber or anyone, and I think it would behooves this Commission to hear
this presentation and to see if there is any way that we can help them in what
they're endeavoring to do and that is to bring new business to South Florida from
both north, south, east, and west and I would suggest Mr. Grassie that you contact
Mr. Bill Klein, and ask him if he could make a brief presentation before this
Commission on what he is doing and possibly what ways we can assist him in better
making this thing work? I just wanted to add that to the record.
53, PERSONAL APPEARANCE:
MR. JOHN CARLTON
COMPLAINT ON FEE SCHEDULE FOR
POLICE REPORTS
Mr. Jon Carlton: Ladies and gentlemen of the Commission, I came down here pre-
pared to do a savory dance and then I see a nice group of Commissioners sitting
in front of me, and I say to me, how can anybody get rough with them? Then I
ask myself another question, if I were in business trying to earn 4,000% on
something I sold, what would the government do to me? And, then I ask myself
another question, what should we do to the government if the government tries
to make 4,000% on the taxpayer?
Mayor Ferre: Mr. Carlton, excuse me, you think you can cover your subject in
about five minutes?
Mr. Carlton: It won't take more than five minutes because I'm going to get right
to the point.
Mayor Ferre: All right. Thank you.
Mr. Carlton: The point I'm going to get to is that I tried to reach -you lady and
gentlemen of the Commission as far back as last June and this was the first time
with all my correspondences and telephone calls. And, finally cooling me down
to the point. where I could probably come in here and be a little more logical and
less emotional, bring in a police report, which I had to pay for. It's a police
Which I gave information to the police department for and which in return when I
asked for a copy of, was compelled to pay $8.00 for something that is worth (0.4c)
using my information that I volunteered and gave to create the file that the police
department keeps. What I'm trying to say is this, there's a word called, 'chutz-
pah', which has :rept into the American language scene. In plain english it
means, unmitigated gall, but let me say this, unmitigated gall, would be a very,
very, mild expression of how I feel of this report for $8.00.
Mayor Ferre: Can I solve it for you real quick?
Mr. Carlton: Sure.
Mayor Ferre: I want you to give that to the Manager and I want the Manager to
find a solution for it and if you're not satisfied then you come back here on
the 23rd and the moment you walk in you come up and tell the Manager and on the
very next item I'll take you out of place so you won't have wait any time.
Mr. Carlton: Let me say one more word Mr. Mayor, without interrupting too much
further. We know that when people buy property it takes usually about 25 to 35
years to pay off a mortgage and when the city builds a brand new building they
shouldn't try to pay it off in one year.
Mr. Plummer: Let's make the record clear Mr. Carlton, so there is no disagree-
- ment sir, we're using your facts right now as facts, but so there is no misunder-
standing sir, the city is not making 4,000%. The city, in fact, is losing money.
You obviously, are referring to an accident report. That accident report cost
the City of Miami, if my facts are correct, $64.00 to produce each and every
accident report, ok. We're charging you $8.00. So, if you really want the facts
to separate it from the fiction, the City of Miami is losing roughly $56.00 on
each report that it writes. Now, I don't want to get into an argument with you.
Mr. Carlton: Commissioner, I'm going to interrupt you again, and I'm not going
to argue with you. But anytime you tell a taxpayer that the city is losing money
on his back, the taxpayer becomes incensed because it's not just one taxpayer
that's paying for this. There are thousands of taxpayers and we're all paying
for it. Each and everyone of us are making a contribution based on pro rata
system which the management comes up with everybody is going to have to
pay so much and so much this year and that's what we're all doing. Then we add
insult to injury buy saying well you come in for another individual report, we'
re going to make you pay on top of that. Now, I think there's a limitation as
to how far the taxpayer can be pushed. And, 1 think you gentlemen as business-
men should understand that.
Mr. Plummer: Well, Mr. Carlton, it is my desire and hope during this coming
year that the city wil yio like other major cities across the United States,
in which Mr. Andrews clearly saw what was the savings of the city getting out
of the business of writing accident reports solely for the insurance companies.
That, if that is a service that is required by insurance companies that they
provide their own service. Not having the city do it at $64.00 a report ...
Mr. Carlton: Let's get back to the government. Because the government requires
these reports and we have to take them off our income tax return at the end of
the year and if I claimed that somebody's robbed a thousand dollars worth of
merchandise...
Mr. Plummer: Are you speaking to other than an accident report?
Mr. Carlton: Yes I am.
Mr. Plummer: Oh, well then I stand corrected sir. I'm speaking to accident
reports.
Mr. Carlton: Well, this had nothing to do with an accident except by the Grace
of God my building was in the wrong place; that's an accident.
Mr. Plummer: That's true.
Mr. Carlton: But, the only thought that occurs to me is that these reports are
based on what we give the Police Department as input and then come down to
verify it so that when we have to make a claim that we've lost a thousand dollars
at the end of the year to file our income tax return, the government wants to
know what authenticity we have with regards to that report. And, I can only take
your word for it and the stamp of the Police Department on this and that's the
only thing that the government will accept.
r
80
SFP -91976
Mr. Plummer: Well, they won't :accept that as you well know sir. Because that's
information given by you that doesn't make it factual.
Mr. Carlton: But, don't make me say ten times for it. And, not just me when I
me I'm referring to the citizens of the cooe:unity. And, I think this is a very,
very, unjust figure ... of making an individual come down to get a report from
any department of the government. And, I wish this would be taken into consider-
ation. .::_ik you very much.
Mayor Ferre: All right. Thank you.
54, DISCUSSION: "EL PALACIO DE LOS GRANDES" - NURSING HOME FOR
THE ELDERLY
Mrs. Fe Isabel Castillo: A PROJECT FOR: THE BIGGEST'S PALACE - "El Palacio
de los Grandes". Everything began some years ago, in the mind of a lady
whose name Angela Rey, a cuban patriotic one, DAUGHTER of mambises. She
always has maingained in her heart a big a clear idea, a good idea, a gift
for the Biggests,A Home for the Elderlies, for Old People. A building that
would represent their Homes in which they will feel like in their heaven,
living their proper fifes, they that had destroyed all their efforts, their
health in the fight and working through their life. In this unknown future,
has appeared a lady Mrs. cge1a Rey, who has tried to induce governors like
the Mayor to build her :;..f anxious wish: The Biggest's Palace -"El Palacio
de los Grandes". Thu Palocio de ; Grandes, et's something like a Nursery
for Old People- a place where to kilo._ but; to life in your proper home,
having your desires with freedom and pLeaaure. What is needed for that? HF1.P,
Only HELP from Governors and specially from ,:he Mayor. What is Necessary?
A large home, that would be named THE PALACE. The front side would be the
offices department, for managers, social workers, relationships department,
medical offices, nurses control. Entrance and admittance of old people should
be made by previous appointment, and chock up by doctor and nurses. The stay
of patient in the. Palace, would be :in private rooms or little rooms for no
more than three in each one. The nurse's and their nurses aids, will work daily
in the attention of the patients. Looking for doctor's indications, they would
attend the administration of medications, will attend to foods, diet and specially
watching for the well bein; of eiderlies. The Palace will have an emergency
room with adequate instruments, aerosolm ultrasound service, massages, Electro-
cardiograph, respirator unites, tracction v.g., with a technician for the use of
them so as a nurse. Food Department, in front of which a dieti.st would be like
a counselor with trained personnel.. The Palace would have a Relax Department for
those who need it. Department for games, play music, hearing music. Some other
would prefer dances, others hand work, TV, Radio, many other lectures, conferences,
religion, political and so on. Physician's work it's to a daily visit into all
the Palace, in accordance with the nurse to be consultation cases, to do prescipt-
ions and go to the rooms for visiting the ills, specially these who are in bed.
Physician must take care of all about medicaments, the stock and distribution.
The physician; and the chid: nurse must be in accordance about Diet Foods. They
will do all their efforts for having everything in order. A department for rehab-
ilitiatiou is too necessary, for physical exercises; and with a trained personnel.
An Anbulnnce for carrying old people to Hospital -'0 Falimiar vists. Remember,
The BIGGEST'S PALACE it is more than a ; Nurse Home, it is, a Real Home for
Elderlies, It is a Palace for the Grandes. (M. Bonachea, M.D.)
Mayor Ferro: All right, are tiler; questions from the Commissioners?
Mrs. Gordon: It's a good idea, hut what is the recommendation that she's making
to it?
`layer Ferre: All she wants is a Mayo Clinic for the Elderly, the department has
nothing to do with it.
Mr. Plummer: Well, MR. Mayor, may I make a suggestion? That the proper board
that, that presentation should be made before is help Planning Council, they are
the ones who have full control...
Mayor Ferre: Yea, look, let's not shuffle her :+round... let's not send het
chasing ... alter you know...
Mrs. Gordon: May I ask her a few questions?
Mayor Ferre: Sure. Of course.
Mrs. Gordon: Your idea is a very worthy one. Have you a location you have in
mind for such a establishment?
Mayor Ferre: The answer is, she's like some central place where who would have
access to it. She has an idea Rose, and it's a good idea, but you know it's a
type of a thing that doesn't come under the City of Miami jurisdiction and its
kind of a thing that God only knows how much money you're talking about.
Mrs. Gordon: The Commission, in my opinion, fire this a worthy idea, but 1
would like to assist in im lementi.ng• it, but from the nucleus that you have which
is just the idea,it's like 'incredible proposition fur us. However, I would be
most delighted if a volunteer of you to help in formulating and trying to find the
proper agencies that could help you.
Mayor Ferre: I think that's the best thing. Let me say it in Spanish, if I might
to Mrs. Angela Rey.... And, Rose after that if you feel that it should come back
to the Commission then you agree with that.
Mrs. Gordon: Yea, and we'll explore. Help them explore. And, you contact my
secretary, call my office and start this going, together with her and then I'll
come in the picture, ok.
Mayor Ferre: Thank you very much. Thank you. ...
DECLARE SANTIAGO, CHILE
55, PREPARED RESOLUTION; AS SISTER CITY TO THE CITY OF MIAMI
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-804
A RESOLUTION RECOGNIZING THE CITY OF SANTIAGO, CHILE,
FOR ITS BEAUTY AND IDENTIFYING IT AS A SISTER CITY TO
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 Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
r
TH
82
SEP -91976
DECLARE CALI, COLUMBIA
56, PREPARED RESOLUTION: AS SISTER CITY TO THE CITY OF MIAMI
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 76-805
A RESOLUTION RECOGNIZING THE, CITY OF CALI, CALOMBIA,
FUtt ITS nr,AUTY Aivi) 1umATiFYIivG IT AS N oIDILR CITY
TO THE CITY OF MIAMI, 'Lt)RIDA.
(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 J. L. Plummer, Jr.
Commissioner Rev.) Theodore Gibson
Vice Mayor Ruse Gordon
Mayor Mauric:e A. Ferro
NOES: None
AUTHORIZE AND DIRECT THE CITY MANAGER TO
DROVIDESIZED
A,57, PREPARED RESOLUTION: CLLE°RATAONROPERLY HONORING: c FACILITY FOR
EMILIO MILIAN OCT, 9TH
Mr. Plummer: Just for interp.`t;,tion . fir. Grassie, I believe and here I have
of course, a selfish interest bcccuse of my part: that I was able to play but just
so there will he no misunderstanding I believc every member of this Commission
does in fact feel that this is a city type of celebration. Let me clarify it,
because it sans the rental fee. I think that this city is telling you that we
want you to provide the necessary security, the necessary things to put this thing
on and to make it a proper event. The city feels that strongly about this part-
icular. It is not for profit in any way shape, or form. This is something that
they are honoring a man, who 1 think really needs to be honored. So that we
don't misunderstand each other. 1 think that's ... I stand corrected if I'm
wrong.
Mrs. Gordon: No, it's correct. It's a city function. I would say, if that
would clarify it rather than somebody else making it for waiving the fees. Is
that right, J L.?
Mr. Plummer: Correct. Because I don't know of anyone Rose, who would be pay-
ing, you know, where money would be derived to pay for the electricians, to pay
for the...
Mrs. Gordon: Nobody is sponsoring it except this...
Mr. Plummer: Right, ok, just so it's understood. I just want to get it clear.
I moved it and Reboso seconded it.
P -41
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-806
A RESOLUTION AUTHORIZING AND DIRECTING' THE CITY MANAGER
OF THE CITY OF MIAMI TO PROVIDE A PROPERLY SIZED CITY
FACILITY AS THE LOCATION WITHIN WBICH 10 CONDUCT A
CELEBRATION IN HONOR OF EMILIO MILIAN ON OCTOBER 9,1976,
AND WAIVING THE RENTAL FEE FOR THE FSE THEREOF.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the
passed and
AYES:
adopted by the following vote:
Commissioner ?tang l o Rehoso
resolution was
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
REPRESENTATIVES OF POLICE DEPARTMENT TO DISCUSS
TRAION58, PERSONAL APPEARANCE: NATIONALTAThOLICEA D LYMPIABSCSCE TO PARTICIPATE IN
REFERRED TO THE CITY MANAGER
Mayor Ferre: All right, the next item is Sgt. Cc'x and Lt. Harrison, Miami
Police Benevolent Association request financial help for the police officers
to compete in the national police olympics in Jacksonville, Florida. Sgt. Cox's
Mr. Plummer: Before he starts, let me just remind the Commission that we made
a commitment in principle to these people last year. I made a motion that we
would do everything within our power to see to it that they were afforded as
other cities were, the opportunity to compete. I think what Mr. Cox is here to
tell us is what it is going to entail for them to have the opportunity.
Mayor Ferre: Mr. Cox, I don't want to in anyway dampen what is about to happen
in your enthusiasm. However, I must --- I've got :c hide that is thicker than
an elephants, so it's not a personal thing. 1 do however feel that in the Police
Benevolent Association in the person of its presence that writes the Mayor of
the City of Miami, not Maurice Ferre and ends this letter by saving, now is the
time to get off your hands and do more than bow when we receive the award and
show those that participate that you were willing to do your share. It is
unfair, unjust, and 1've objected completely. I think the City of Miami in the
past in this Commission has shown itself to be a rather enthusiastic supporter
of the Miami P.B.A. and of the State Police Olympics and I don't know what you
mean by, 'now it is time to get off your hands and do more than just bow'. Now
I don't know what you mean by that, maybe you can explain that.
Sgt. Cox: Yes sir I can. What we need, what these men need. We sent 98 men
took their own time to get in shape to qualify for these events and they went
to the State Olympics. out of these 98 we had 30 qualified of winning a gold
silver bronze medal in order to qualify for the national. Now, what I meant
by that is that I think that these people bring a ;real deal of pride and
respect to the city to go up there. They form a lot of comradeship with the
other police departments and that I think its time that the city give these
people some c-time in order so that they don't have to use their own personally
o-time and their own vacation time to go up and participate in these events.
What I would like to see is for the city to give these people at least four(4)
days.
Mr. Plummer: Let me say this, and I can see both of your points, uk. 1 don't
think you can hold this Commission responsible for n,)t ;giving the opportunity
of the time for the meet that was- what in St. Petersburg just recently? Ok,
ir never came before this Commission to ask for approval, could we give you the
time off for a vacation time for what? So, please don't hold this Commission
responsible.
Sgt. Cox: No sir. It was my understanding that they did ask for the last
SEP - 91976
national's and they werrn''. itor.ded any time, that was my understanding.
Mr. Plummer: Ok. You're here taia :a•> far as I'm concerned asking that this
Commission live up to its intent of last year, ok? So, I think the Mayor makes
a very good point, that you can't hold us responsible for something we haven't
even had the opportunity to ask upon. Now, I think to cut this thing short and
I know you want to mike •a rruseataticn. But I think that this Commission needs
to know right now what is net'ded by your group to participate in the National
in Jacksonville and then this c.otL,nissioa will have to sit through that and give
it all to you or give a part cf it you or whatever we can afford, and I think
that's fair.
Sgt. Cox: Then, let me int c,-7(h c~. Lt. ?,:acci►, who was the coordinator for the
city team to the State Olympics and is trying to coordinate the team that they -
re sending to the National's in .?ack'sonville.
Mr. Plummer: As i recall_ that. A cn.inge within itself, am I not correct?
Sgt. Cox: Yes, we're suppr5nd to i:i_ in Hawaii.
Mr. Plummer: And, now we're getting off a lot easier by us being in Jackson-
ville.
Sgt. Cox: Right.
Lt. March: I'm aware. our time restraints but I've been affiliated with these
athletic endeavors a; L. ., a ; seven years ago, and I realize the efforts
that the individual :. f i ,. s iau •. •.;i th no compensation involved throughout
that history. it's scr.it th a n , that Li; r.,, . .absence of a on -duty physical train-
ing program that's part of . ricers way of preparing themselves
for the kind of duties that w, :;.,_. LIT you're not a physically fit individual
'lice officer in the
and you're p•.-riur;;iing. the ,i�ail�' t.;s6.. .,i a p�> field. You
subject yourself to ',jury and possibly death and there's ample
documentation there i you're ,at t aiayi; i :ally ready to meet the demands of the
job. I was not aware o, tat, leter ti, .t. ,,.16 addressed to the Mayor by Sgt. Cox,
but in the ct-fc'nse of S,;t. Cu:: i h:..:w ,aat its like to have countless officers
beating on my door asking rntr ,> i, Chat the city won't send us, why is it that
we must use our own vacation time to compete against officers? To find out that
the ones that we're .on:pttin,J af;..itast ,.,rc. officers who are sent by their cities
provided with accommodatit.ns or Lnelr entire stay by those cities and even are
transported to the scene of the , L 1 :act ition in city vehicles--- received an award
in Tampa for belay, the_ cu,ia year for the first place finish we got last
year. In Tampa, Lilt_ outstanc itn, .,t ilete for that same year was from Jacksonville.
Not only was he accor:,panyedi by :.ne :;hector of Public Safety but they were trans-
ported there in city vet+ieles and i just think that there was somewhat of a
difference as to the emphasis that's •71act,J. I realized the demands that are
made upon a city e.:r; assign. 1 !.tvt :ae,-ei come before the city commission and
asked for anything and I am pion] e, tae fact that I. am police officer. I am
pround of the City of Niarr.i i... i Lf.dar:nient. If from time to time the actions
of others who are affiliates: a,l,a t int same department do not reflect the
attention that I give to ray tlULa.es t:.,,t'.; unfortunate. But I nethertheless in
my daily work attempt to bring and to:l.c.ct everything good that there is about
what I think is a fine department. i'l:op e don't understand when we go across
the country to San Francisco, C<<iiitcrai�, ..s we did two years ago to compete
on an international basis. They don't understand how it is that we had to go
to the credit unit Lv lay eua" t';t.,' <.,, iiue'ht ourselves for a period of years.
Again, I speak basically r c,r Liat people that are on this list. On this list
I have 39 ofriccis who have mace theelves eligible for the international
Competition whi.,ii is i:eiti every two years. Of these 39 officers, all made them-
selves eligible by a competition in individual events, track, swimming, power
lifting...
Mr. Plummer: Don, could we get cc tilt botioza line? You got 39.
Lt. March: I have 39 neskand od,ed upon a phone call we may have 7 more.
Mr. Plummer: Ok, so you g,ot a possibility of 46 people.
Lt. March: Yes sir.
Mr. Plummer: Ok. They each need, iauw many days off?
Lt. March: The competitie•n run_ r period of five days. However, we have
in the past arranged our 5chtduie6 t. ;a:at bo up there for whatever day your
Chief Fox: I can't. no, but i would be sltrpri:-.t,d i1 it didn't . tint not the
Chief of the Police Vc,t.
Mr. Plummer: Let me interject two points and 1 know Mr, Criss1e
Point number one, Mr. Mayor, we invited these people to come brick here this year
through our motion of intent. To come back and let us know what would be involved.
So, actually we invited them to come back. At that time Chief I•:linkowski did
appear with them as I recall. Point number tell, I think that if anybody were to
ask Garland Watkins does he support it anti 1 don't mean to speak with the Chief,
but I would say he would be greatly governed by budget restraints and I think
that really is the problem, the whole problem.
Mayor Ferre: It has to come out of his budget I would imagine.
I don't know that it does.
Mayor Ferre: Well Paul let me put it to you this way. You're talking about 180
man days.
Mrs. Gordon: Mr. Mayor, Mr. Grassie looks like he's just dying to say something.
Could we hear from him?
Mayor Ferre: Let me ask him this specific question and then you can elaborate
from there. How much does a man day run? Cost for the city? How much does one
police man day run?
64 dollars. 60 or 70 dollars.
Mayor Ferre: See what I'm trying'tryi
ng to get at Father. i n just to figure
out what its going to cost and you're talking about -- over... am I wrong. $10,000?
Father Gibson: Mr. Mayor, may I ask this quest iun:' Wouldn't it be reasonable
to assume that the Manager and the (thief or his staff ought to deal with this
matter and that these men will say specifically what they want, what they expect
and the ?tanager. Not only for this time, but in the future if we'll going to
adopt it as a part of the policy or budget. I. would hope that these
men don't mean any harm and the Manager, I'm sure, is not advcrseti. But I would
hope that they would certainly have their talk in before they come here, you know
what I mean? And, if this is to be a permanent pro4.ram and project that ought to
be established so that we don't have to question anymore, but we'll just deal with
it and deal with it in the light if you're going to Jacksonville this time ok.
Ok, if we're going to San Francisco next time, ok, you see. So, 1. would hope
that those two men would have to really, strictly sit down and face this thing
before they come in.
Mayor Ferre: Let me ask you this, when are the Jacksonville Olympics? What's
the date?
October 6th through the loth.
Mayor Ferre: Oh, we've got to come to a quick conclusion on that.
We were not able to get this on the agenda any earlier due to the
Commission's vacation. The state competition was only recently held in August
and July and we didn't know who would be eligible. We didn't know if anyone would
he eligible until that time.
Mayor Ferre: I personally feel that it's a valuable thing for the community and
for the Police Department. Mr. Manager.
Mr. Grassie: it's unfortunate Mr. Mayor, that the subject matter is something
that most of us approve of in principle. I have .t groat deal of difficulty with
the procedure that you're going to. We're talking about a group of city employees
who are there asking for the reassignment of man power. In the case in which you
do not have recommendation from the person who is responsible to you to make sure
that, that mall power is adequately used for the .'itv. Now, it seems to me basic,
if we don't oven know what the Police Chief thinks .about this, that. it's entirely
improper that we even be considering it here. We tlo not t ven have this on our
agenda and it seems to be such a basic violat.i n lli ,' i in 'a'Itlt ll wy II ivt' tt
administer an organization as large as this. '1 hilt L: i tLeat regard to the merits
of the s 1eciIic request that is basically d..st Ut i. i' t, ni i !tt ;V'.ttl(I. I t eellti
to me that if you do nothing else first precedent that ttic have to establish
none of these requests from city employees who come to the city commission, until
they at least have been reviewed and acted upon by the department.
Mayor Ferre: I can't nrgue, not only is that reasonable, that is the charter
of the City of Miami. But, 0r the ;ether hand, this Commission can certainly
discuss the philosophy or If yea will the policy on something such as whether
or not the City of Miami wants to compete in the National Police Olympics. I
don't think there is anything wrong with discussion. Now, what we cannot do
is we cannot at this point , in my opinion, come to a conclusion on it without
it going through the proper administrative procedure.
Mr. Plummer: Mr. Clerk, may I request a copy now of the minutes as it referred
to this item a year ago.
Mayor Ferre: See, this item was already discussed and we've already set a
policy.
Mr. Plummer: This is not the first time this is being discussed. That's the
point I'm trying to make. This Commission went on record by my vote of a
Commission action or policy intent and we invited these people to come back
here this year to tell us what that intent would cost and that's what they're
doing.
Mayor Ferre: And, that's the point. Now, I'll tell you, lieutenant, I think
both you and the police officers here .and the :tanager are correct on part of
what you're saying. I thinMr. Manager that you're correct that this should
have the recommendation of the city R,iainistration, including the Police Chief,
I think thats absolutely correct and that's why I asked that question quickly.
And, otherwise I think rould be in violation of the charter. I think on
the other hand, that they ..:-e correct in being before the Commission because
this matter has been re\ ioun-ly Le: :: 1, a policy had been set, and they are
pursuing that matter. New, where t'.1c_ :._ wrong is in their timing, but on the
other hand we've all been on vleation in A.:t,.•ist.
. `(es :sir you have been on it. 1'd Like to add one thing concerning
in response to Mr. Grassie, concerning the assessment of the Top Administrative
in the Police Department, his feelings. We have become resigned due to experience
in the last two years to our'obey within the Police Department that anytime we
go on these competitive -tourneys thee: we rearrange our working schedule within
our assigned unit so as not to deainisin anyway the patrol effort furnished by
that particular unit. This was a,de quite clear when Chief Garmire here and we
did so when we went to Jacksonville with twenty-eight(28) people one year. We
had to rearrange our schedule, get people to volunteer to work, change their
schedules so they could fill in on day in which we would be thin if two or three
officers let their particular unit. When Garmire was here, on two occasions we
were given 'c'time. We haven't been given 'c' time in the last two years. And,
all the time that we have toien has been either vacation time or accrued compen-
sation time EC) time or your regular days off during the week, but to my knowledge
no one has been prevented from going or from participating.
Mr. Plummer: Let me bring out one outer point and I'll wait for the minutes to
come forward. Mr. Mayor, I recall our requesting of them in our motion of intent
that before they go through any long, drawn out procedures that they come to this
Commission so that we could make another determination. Number one, did we have
money, actually number one, what was the cost factors and number two, did we have
the money? i:excuse if there's no way that we can come up with sufficient funds,
why go throughout the long and arduous proe duce of trying to get it worked out
if the Commission's ultimate answer is no. Now, that's as I recall and I will
stand on the minutes whatever they reflect. Their respective, I think, that this
Commission, Mr. Grassie, and Mr. Weston, you correct me if I'm wrong, we have got
to send it back through the department if this Commission still feels they can
afford then it still has to go back through the normal procedures and come back
up for this Commission for a appropriation of funds, am I correct?
Mr. Grassie: I would imagine Commissioner, that if the city decides to do this, •
that it will be done from within the existing appropriation of the Police Depart-
ment.
Mr. Plummer: 1 think the minutes speak to that, that it was to be done from the
Publicity Department, that it was a reflection of good on this city. It would
have been good publicity :Ind as I recall the conversation was that it should come
from special event of publicity. Now, I could stand corrected on that.
Mr. Grassie: I hope that the bassi,.; point that I was making, though, is understood
and that .is that it is my opinion that for the city to deal with employee groups
in this way is inappropriate. i c is inappropriate for the city commission to
authorize they use of any kind I cepartmental time without Lile consent of the
iepartment head. Now, it is ooviously with the prerogative of the city commission
1,111,1,111111 IIII 11111
to appropriate the budget for that department. And, here we're talking about a
different thing.
Mayor Ferre: We're talking about two different things. I'll tell you, you're
right. What we cannot do is make a decision on this. Now, what we can do is
discuss it and talk in generality about the policy that this City Commission
would like to do, like for example, participate. Now what we can't do is tell
you what to do with them. What we can is set the pclic.v of what we want the
city to do. Now there's a fine line there. And, I understand your point and
I think you're absolutely correct. I don't think we can sit here and make this
determination tonight.
Mr. Plummer: I agree.
Mayor Ferre: So,lieutenant my opinion is that I think that type of activity is
an important activity for the City of Miami and for the Police Department. And,
I certainly feel on a policy level that it should be considered and supported.
I can't do anything more than that as of right now.
Mr. Plummer: Well, let me, since I assume you're asking us to all express our
opinions I will stick with niy motion of last year of intent that at anyway possible
this city back its people and sending them to the National Convention and I think
it is now time that we put up or shut up. What I'm aaying is my mind has not
changed.
Mayor Ferre: Anybody else want to express their opinion on the record?
Mrs. Gordon: The number of people that you're mentioned, have all qualified?
Every year could be a different number, it just happens to be a large number who
are qualified to take part, is that it?
Yes.
Mayor Ferre: We're lucky it's in Jacksonville. Can you imagine...
Mr. Plummer: It was scheduled for Hawaii.
Mayor Ferre: What would you do if it was in Hawaii?
Mrs. Gordon: Yea, but they didn't ask for transportation. Now, they ask for
time off, is that right?
Mayor Ferre: No. What I think what the Lieutenant said was that he noticed that
the Jacksonville Police Department, not only had their Police Chief with them, but
also went in Jacksonville Police vehicles or...
Lt. March: That was for a presentation in Tampa. For the competition in
St. Petersburg, all the Jacksonville officers were on special assignment. Tampa
assigned a series of sergeants permanently to the competition sites to call the
men off the streets when their events came up.
Mayor Ferre: So, in other words, what he said they do it why can't the City of
Miami, and that's where we're at. Plummer and I have expressed our opinions,
anybody else want to express their opinion.
Sgt. Cox: I'd like to say... let me take this opportunity Mr. Mayor. When I
wrote that letter to you I was beseized by a half dozen people who explained to
me that they had come here before and requested assistance. I'm not going
involved in the Olympics myself and thats the reason for the in the
letter.
Mayor Ferre: I don't mean to call you down on it and I hope you don't take it
way.
Sgt. Cox: Well, if I'm wrong. I':. wrong Mr. Mayor I'm not...
Mayor Ferre: I accept that. I toad to say wl-at I had to say because I got to
tell you that it hugged it.
Sgt. Cox: Well, that's why I I--:u to say wnai `,ad to say because I had assumed
they had been here before and asked for assia :xnc:e and were turned down.
Mayor Ferre: See if Kenny had written me Lip:_ -.Lae thing I would have told him
and he knows it just as well.as... you know, :le know him a lot better than
dd
SEP -91976
event is on. I would sny that eri h officer with the exception of maybe seven
(7) who would be involved in the teem competition. Each officer would be able
to compete and go up and back wihir three days. Allowing travel time and
competition.
Mr. Plummer: So four (4) days would be adequate.
Lt. March: Yes sir.
Mr. Plummer: So, what you're talking about is 184 man days.
Lt. March: Yes sir.
Mr. Plummer: Now, what else do you think the city, knowing what other cities
across the United States do. What else do you think would be fair for this city
to do to adequately hack our people, besides the time off?
Lt. March: It's difficult wien you're speaking for other people. As far as I'm
concerned the time off is a very fair compensation. As I understand some of the
other cities, what they aid was al nw the officers to solicit funds on duty to
offset the expenses. I don't champicn that.
Mr. Plummer: I never will.
Lt. March: Well, I never will either, but these are other cities that don't
feel the same way. I c .not specify any one city who took it upon themselves
to use public funds to in ony ,,,a» offset accommodations or transportation. I don't
know of anyone that h,s d-ne tha_ I do know the city vehicles have been used.
Mr. Plummer: Don't we havL. 40 pssengL.t ')us, Mr. Grassie.
Mr. Grassie: I have no idea whether you have a 40 passenger bus.
Mr. Plummer: Ok. Is that now what you feel?
Lt. March: A 40 passenger bus to take up the officers are what?
Mr. Plummer: We know one respect the bottom line there is 46 men...
Lt. March: Ok, the time off plus anything that we can have in the way of assist-
ance with transportation.
Mr. Plummer: Ok. all right, tine.
Mayor Ferre: So the request specific, you want 45 people off four days with
pay.
Lt. March: Sure.
Mayor Ferre: And, transportation systems, is that right? Let me ask you this
question lieutenant. You mentioned that the public safety director of Jackson-
ville accompanied his men. I have as I've expressed I hope you know a high
regard for Garland Watkins. Does Garland Watkins support this, and if he does
why isn't he here or why don't you have a letter from Garland saying, hey this
is super and I'm for you and I hope you can do it and it has my recommendation
to the `tanager.
Mr. Plummer: Well, I saw Chief Fox here and I thought thats what he was here
for.
Lt. March: That's not what he was here for.
Chief Fox: Once again, 1 didn't rcc,uest for this appearance here. I can't
... I've been reassigned to a job and I'm less five people. I'm working ten,
eleven days as it is. It's probably... I'll take the responsible. I didn't
give Chief Watkins an invitation co send such a letter. Chief Klimkowski is
aware that I'rn down here and di<; consent for me to take off the time from my
assigned duties to come down here.
Mayor Ferre: All light then my question is simple. Does this have the Chief's
support? Because_ you know, I feel it should. I'm just asking. Does it have the
Chief's support?
I know you and I would have told him the same thing I told you. I think he would
have reacted a little bit differently. He would have got a little bit angrier
than you have.
Lt. Ken Harrison: I don't think I ever get angry. No, I'd like to request one
thing in light of what the Manager said. I think that if the Commission is going
to take this opportunity to express a desire to a policy type of statement. This
goes beyond that. We also have another group that consistently have a problem
being funded that's the K-9 Group.
Mayor Ferre: Now wait a minute we funded than K-9 Group last year.
Lt. Ken Harrison: Yes sir, but this year they went through the problem that
they had in previous years they weren't able to send a full team because the
department denied the request.
Mayor Ferre: I thought we won the price last year, didn't we win one of those
prizes?
Lt. Ken Harrison: Last year. I'm talking about this year's. And I think that
if the Commission is going to say that their policy is to have this type of
funding that you should address that issue also, not only the Police Olympics, but
the National K-9 competition. Our police o'ficer:, c.msistently bring credit to
this city and are consistently required by Lhe Administration to contribute their
own time and funds to do the things that they do to bring trophies and credit that
the city readily accepts and doesn't reciproac<ite to its po1. ,.e officers. So I
think that if you're going to have dealing with policy you should include the K-9
Officers also. That is an annual event. We usually send four officers, one team
that compete regionally and among themselves. They're the best we have to offer ,
and as you well know last year we had the number one dog in the country. And the
second place team in the country. This year w v!fL] not }-)e able to compete as a
team because the city elected not to send a full four co:c7lement.
Mr. Plummer: Well, Mr. Mayor, I'll be happy if its necessary to re -phrase motion
75-613 which is one record with the exception that it would read, a motion of
intent to do all possible to send these policemen and policewomen who qualified
for the National Police Games with the correction in Jacksonville, rather than
the expense of Hawaii. And, I'll offer that motion of intent again.
Mrs. Gordon: I seconded your motion last year.
Mayor Ferre: There's a motion on the floor and I'm sorry I was on the phone,
so you're going to repeat ...
Mr. Plummer: I just changed it from the expense of Hawaii. Let me read it.
It's short. A motion of intent to do all possible to send those policemen and
policewomen who qualify to the National Police Olympic Games in Jacksonville,
Florida, rather than Hawaii. I'll offer that motion of intent if its in order.
Mayor Ferre: The matter of intent sets policy and you know that you can ignore
it.
Mr. Grassie: Could I comment Mr. Mayor?
Mayor Ferre: Please.
Mr. Crassie: I don't want to be in the position of ignoring one of your intent-
ions, you know. I hope that as we get to work''together that if you have an
intention whether you express it in Resolution or just express it to me as a
consensus of this city commission. But that's what we're going to do, you know,
I want to be in the position where your intention is what the Administration is
doing. But the only way that, that can work is that we treat each other reason-
ably. Now, you know, if you treat me half way reasonably any intent that you
have is what I'll try and carry out.
Mayor Ferre: Look, the man's right, he's asking for you to give him an opport-
unity to follow...
Mr. Plummer: You want me to withdraw the motion?
Mayor Ferre: Yea, I'll tell you why J.L. Because I'll tell you if you don't
withdraw that motion you know what you're doing you're starting on a very first
meeting with this Manager and super imposing upon him a avenue... not for this
Kenny, you know that the implementations of this go way beyond ten or fifteen
dollars of this which in a million and a half in one hundred and forty million
SEP -91976
budget isn't going to make that much of a difference. I think what he's saying
is if you open this kind of avenue. This is the kind of problems that the City
of Miami has had in the past when the Commission in a way through a very thin line
which has never been challenged and might be challenged legally. Even though I
doubt it. But you know why start him off that same way. Thats what Gibson was
saying this morning. No, you were saying that in that meeting we had the other
day on the Collective Bargaining. You've got to this man a chance. Now, I agree
with that. This is his first ciao and I think he's got a right. That's why I
think there's a difference betwaen each one of us expressing an opinion on the
public record and passing a motion. ,1 motion is in order. Now, I think its a
lot healthier just ... you know my opinion , you know Plummer's opinion. I don't
know if anybody else wants to express an opinion, there's a difference.
Father Gibson: Well, Mr. Mayer, this may not be popular. I was going to vote
against they motion. Not b' cansL I.'m against what they wanted and if you read
the minutes ... very interesting thin: I called to the attention that we always
praising the Fire Depar.t.men and never said good words about the Police. So you
know how I feel. Jut ! .tu.,i reel ike the Manager should be given an opportunity
to sit down with the Chief. The 'tanager and the Chief can read this business
here and then iet the Manager come back here. They make that arrangement. We
can't arrange the Police Department, you know, who is going to get time off and
how you're going to get the event, that's your problem, you're the Administrator,
I'm not. And I would have voted against the motion right now. But remember I'm
on the record, because I w._vit to make sure we say the same kinds of nice things
about you and praise you just like we do about the Fire Department. I've always
said that the reason '.e don't get a fair shake --well not a fair shake, the reason
you don't get the k i nJ >;;t;:h..- is you know, you know what I'm talking about?
I beg you to give the „ie,,,eer tt.-.. , pertunity to go talk with the Chief and Mr.
Manager the idea of it la ve_ a t.i". k :t, .he Chief and you try to work out the
problem, you know how this...
Mr. Plummer: withdraw they motion.
Lt. Ken Harrison: Mr. Mayor, if I might? I'd like to express some concern in
what Mr. Grassie said. I certainly hope that I'm not reading into it an implicat-
ion of denying us the right to appear before our City Commissioners. I can
readily endorse his sui;I;est un of foilowing the proper channel initially,but I
would also request that he evaluate the situations that we have lived with for
some ten, fifteen years. If what he's telling us is that by asking for a fair
shake he is ;zing to give us :.a fair shake through the Administration. I certainly
can endorse that. However. 1 point out to this Commission that we have consist-
ently come before you and request you to make policy decisions to send people to
different things. K-y Unit being the classic example. You did pass a Resolution.
They were sent. as a team one year. The very next year that policy decision was
not adhered too. Tnest are the kind of things that as employee and employee
groups we have had to live with for a number of years. Now, to ask us to openly
accept the one man can make, the change philosophy that some people are promoting
in country today, particularly the democratic candidate,when in fact we've had
to live under some rather different philosophies. I would hope that he under-
stands our suspicions in that ace.a. That perhaps we wouldn't get the fair shake.
And, I would also ask this Commission to please recognize that this thing will
occur October 2nd. The time: frame is practically the 5th of October. The time
frame is demanding. Decisions will have to be made if the city is going to send
a constituency or not these people will have to make plans and arrangements if
they're going to go on their own time. So we're at a rather critical time now
and the necessity for a time frame to be established is here and I think this
Commission could do that. Thank you.
Mrs. Gordon: I voted with the motion last year. You asked not to make a motion
now. So I don't think we woe:' t be making a motion. Certainly, I felt that way
last year I don't think 1 have to change my mind this year.
Mayor Ferre: All right, what's the will of this Commission on this item?
Mr. Plummer: There is no will. We've been asked not to express our will.
Mayor Ferre: That is the will. I just want to make it very abundantly clear.
Mr. Plummer: Well, let's try to say this. Mr. Crassie we appreciate your
position. What is the next move sir?
Mr. Grassie: Somewhat different from Lt. Harrison conception of the way
organizations run. I would suggest Commissioner that this is the kind of item
which is not always resolved t<i way employee groups want it resolved. And, in
fact it is the kind of item which the Administration is presumed to resolve.
11E P111IIIII1'1I11I IB9"#1III#1
He is talking about an ultimate appeal to the City Commission. 1 understand that
has been the practice. I would suggest that if the Police Department is at all
responsible and intelligent it will do the right thing in this case. If it doesn't
and if doesn't in other things presumable you need a different kind of Administ-
ration. For me, this is not the kind of case that makes .and breaks a Police
Department. There are many other more important issues. What is semantic here is
whether or not we're going to have employee groups come to the City Commission
without having to deal with their own Administration, their own command structure.
That's what I'm concerned about. It seems to sae that the next step is if this
case is going to go anywhere it's going to go through channels with the Police
Department and they're going to have to decide it. I think they're going to decide
it within the context of your deliberations. They are going to be aware of the
facts that you've considered this. But I think they also should be aware of the
fact that you have consciously taken the decision to allow that Administration
jurisdiction and I'm talking about the Police Department Administration jurisdiction
in this kind of an item that's the important thing for me.
Lt. March:
briefly.
Mr. Mayor, can I address the remarks made by Mr. Grassie just
Mayor Ferre: Yea, but we've got to move along,so..
Lt. March: Yes sir I'm aware of that. I'm speaking Mr. Grassie from some
seven years experience of going through channels. I can appreciate your position.
I too have recently been re -assigned. I do not know my co-workers without a prog-
ram. I must make the decisions that I make based upon the working conditions I've
been familiar with in my previous assignment. I came here to speak for a group of
people who have worked hard. I came here to speak basically under protest because
I have never come before this group and asked for this in the past. I worked very
hard to achieve what we did here and I have done so for seven years. What I woulc
like to see done. I will repetition through ohanneis my Administrative head Kill
again I think I can safely predict this he given the same rational. in logic as to
why we must do this on our own time, vacation time or whatever. I will then ask
him for the right to appeal higher. I don't know whether :hat will take me to
your office or whether that will take me here again. But I can almost guarantee
that will be November and that will be a month passed our competition and I will
have learned again.
Mr. Grassie: Let me suggest that let's not assume the worst. Let's start on the
assumption that in fact the system can work. Now, you tell me that you're cynical
about it. The system does not work and maybe you will be right. But the point is
that at this stage you haven't tried it in this case so let's see. Let's not
assume the worst yet.
Lt. March: Ok. Thank you very much.
Lt. Harrison : Mr. Mayor, if I might, to refresh, I don't know that Mr. Grassie
is perhaps of why we're here. You know there were letters sent from the two
organizations, The Benevolent Association and our Fraternal Order which is our
bargaining agent, telling the Commission that a group of people had again qualified
to go to the national and requesting that you review your action. We were invited
here today. So, I would point out to the Manager that his fears of us circumvent-
ing the Administration perhaps wasn't the intent of what occurred today. The
letters were written reminding the Commission that there was resolution passed
and that we now had a group of people that qualified to come under that resolution
for their consideration. We were in fact invited here.
Mayor Ferre: Kenny, why don't you give the guy a chance? Let's see, let the
system work. This is a new Manager, that's what I told you guys you know when
we got a new Police Chief, right? You said that to me. You said, hey why don't
you give this system a chance now?
Lt. Harrison: I have no problems with that. My request to the Commission was to
set a time frame. Suggest to the Manager that this should be taken care of by the
next Commission meeting so these people will have time to make the necessary adjust-
ments whether they got to take their own time or they're going to he granted city
time to attend this funetinn. We're at a time frame wl)e rn you're not going to be
able to achieve that without establishing a date- certain for a report.
Mr. Grassie: Mayor, I would prefer it if you wuulc allow us to set the time.
Mayor Ferre: Hey, give the guy a chance. After he strikes out two times then you
can come here and tell us how he struck out before. Ok, in the meantime he doesn't
have a record. So, give the man a chance.
92
SEP - 91976
Lt. Ken Harrison: How many times do the employee groups have to strike out?
Mayor Ferre: I don't know. That's something else altogether and nothing to
do with this.
59, REQUEST FOR USE
OF UUSMAN HALL
LEUKEMIA SOCIETY OF AMERICA REQUESTING
WAIVER OF FEES
REFERRED TO THE CITY MANAGER
Mayor Ferre: Next item is Mrs. Libby Holden of the Leukemia Society of America
to request waiver of the fees for the use of Gusman Hall. Mrs. Holden let me
save you a lot of time. This Commission set up a committee headed by the Manager,
as I recall isn't that right? (you weren't here).
Mr. Grassie: It may be so Mayor. I'm not aware...
Mayor Ferre: A committee headed up by the Manager in which the Manager will
recommend to the Commission. We set up a total of a maximum of $15,000. It's
my recollection out of pure memory, that we would have as a standby fee those
causes which the Manager recommended to the Commission and then the Commission
acted upon and Nora, you know that. You know that's established procedure here.
When is the date. February 4th, you got plenty of time. The City of Miami does
not directly run Gusman Hall. It is run by the Off -Street Parking Authority.
They will not waive one cent of fees, not one.
Mrs. Holden: That is not what I heard from Phyllis Chatman.
Mayor Ferre: Well, whoever told you that is absolutely wrong and you take it
from me. Now, I'll tell you what they did do. They came here and Annette
Eisenberg, and we discussed this whole item and we came to a conclusion that we
would set aside $15,000 and the Manager would recommend who was to get these
fees waived. As I remember that would give us about eleven or twelve events
that we could sponsor a year and that's it. Here's the man you got to talk too.
You make an appointment with him.
Mrs. Holden: It's not be that loses. I just feel badly about the many people
that are going to lose.
Mrs. Gordon: You didn't lose anything. You just got to go to the Manager.
Mrs. Holden: I hope we can deal. I'm sure we can.
Mayor Ferre: All right, Mrs. Holden thank you.
Mrs. Holden: Sorry to take your time.
Mayor Ferre: Not at all. Sorry we wasted your afternoon.
60, M ll.t(}W 1 O�F(VZAL FEE JERRY LEWIS TELETHON FOR 1USCULAR DYSTROPHY
SEPTEMBER 4 AND 5, 1976
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-807
A MOTION WAIVING FEES FOR USE OF SNOWMOBILE BY THE MUSCULAR
DYSTROPHY ASSOCIATION SEPTEMBER 4 & 5 AS PART OF JERRY LEWIS
TELETHON INCLUDING WAIVING LABOR COSTS OF S93.60 & CREDIT AS
CONTRIBUTION BY THE CITY.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
61, WAIVE RENTAL FEE
BAYFRONT PARK AUDITORIUM
MIAMI LODGE #948 B,P,r],ELKS
DECEMBER .L1, 1Y76
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-808
A MOTION WAIVING FEES FOR USE OF BAYFRONT PARK AUDITORIUM
ON DECEMBER 11, 1976 FOR MIAMI LODGE #948 B.P.O. ELKS
Upon being seconded by Commissioner Gordon, 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.
62, APPOINT AL SCHLAZER AS MEMBER OF CITIZENS ADVISORY COMMITTEE'
TO STUDY CONCEPT OF A NEW BASEBALL STADIUM
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-809
A MOTION APPOINTING ALL SCHLAZER AS A MEMBER OF THE CITIZENS
ADVISORY COMMITTEE TO STUDY THE CONCEPT OF A NEW BASEBALL
STADIUM.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES; None,
ir
94
SEP - 91976
62. (A). DISCUSSION :
Mayor Ferre: Now, while we're on the subject Mr. Manager, we aske the Administ-
ration to coordinate. We set up a committee chaired by Dr. Bernardo Benes to
study the possibility of building a small baseball stadium with the possibilites
of it being expanded in the Orange Bowl vicinity or wherever the committee and
the management recommend it. To my knowledge the committee has not met. Would
you have someone in the Administration to call on Dr. Benes and follow up on it
because this was not... the way I saw it, certainly was not a bargaining thing
with Jae Robbie. The purpose of it wasn't to scare Joe Robbie, it's for real.
I think we have to consider as an alternative the building of a professional
baseball stadium in this community:
Mr. Plummer: It ain't scaring Joe Robbie, it's scaring J. L. PLummer. What are
we going to do with the one we got that's losing its shirt?
Mayor Ferre: That's not a baseball stadium.
Mr. Plummer: It's not?
Mayor Ferre: No its not.
Mr. Plummer: Miami Stadium is not a Baseball Stadium?
Mayor Ferre: No, I don't think so.
Mr. Plummer: It sure p.'ve itself it isn't a ....
Mayc.r Terre: Well, let me put it to you this way. The Baltimore Orioles don't
seem to think so.
Mr. Plummer: Sure you know why they got a gravy train.
Mayor Ferre: Well, let me tell you something J.L. most of the baseball...
let's not get into a big discussion on this, but a baseball stadium costs as you
know one-third of a football stadium and it plays the average professional major
league team plays 108 times at home.. And, what you need is 25,000 seater with an
expansion to go up to 40, and you'll get a major league baseball team in Miami.
And I guarantee you that the Cuban and Latin and other communities here will
support .... that stadium would be absolutely filled depending on where you build.
Now, if you build it in the vicinity of the Orange Bowl, which we're need if you're
ever going to go come to an agreement with Joe Robbie. He wants you to get more
land so you can give him more parking. And, I'm telling you that a baseball stadium
doesn't take more than five acres.
Mr. Plummer: Mr. Mayor, you and I both remember that the Baseball Stadium originally
was at the Orange Bowl at the corner of 16th Avenue and N.W. 3rd Street.
Mayor Ferre: Yea, that's right, but it wasn't much of a stadium.
63, DISCUSSION ITEM: KHOURY LEAGUE PLAYERS
Mrs. Gordon: May I ask you a question Mr. Mayor? I want to ask you through you
to the Manager to check with Mr. Howard to see if there are any park locations
that we have that we could put for the youngsters, for the Khoury League Players.
I went by a couple of locations just driving around last Saturday and I was just
pleased and really excited about the fact that there were so many youngsters that
were out there playing baseball. And 1 think its just a fantastic sport that has
seeued to caught on. If there is any more locations that we haven't used I
would sure like to see us use them, ok.
64, JAYFRONTNVARKF!AUDITORIUM
WAIVE
FLORIDA BOARD OF PHARMACY
ADMINISTRATION OF PHARMACIST LIC.EXAMSI
JANUARY 10, 11, 12, 1977
Mr. Reboso: Mr. Mayor the Florida Board of Pharmacists sent you a letter
asking if they can give the examination here in Miami January 10, 11, and 12
instead of in Gainesville, Florida because of the fact that most of the 450
people taking the examination are Latins and are asking for waiver of the
fee for those few days.
Mayor Ferre:I. sent this to Mr. Grassie and I notice the memo, 'please put
this on the Sept. agenda. Do they normally or get a waiver? Please acknowledge
Mr. 's letter. Was that done? I think the thing to do is try to
negotiate with them. That if they normally pay, then let them nay us.
Mr. Rhb oso: This is the first time they are requesting this, that the examination
be given in Miami instead of Gainesville. They are saving 450 people are going to,
spend a lot of money in Gainesville and could be spent here in Miami.
Mayor Ferre: Sounds good to me.
Rev. Gibson: If they went to Gainesville, they would have to have two
sessions. But if they come here they will have one. We would get the profit.
like
Mayor Ferre: I would for you to make the motion in the following way. They
may have some funds in the State Board of Pharmacy for this type of thing. If they
are there, then why shouldn't the City get paid?
12th.
Mr. Reboso: They don't. I move that we waive the fees, the loth, llth, and
Mr. Plummer: ----subject to those days being available.
The following motion was introduced by Commissioner Reboso who
moved its adoption:
MOTION NO. 76-810
A MOTION WAIVING FEES FOR THE USE OF BAYFRONT PARK AUDITORIUM
FOR FLORIDA BOARD OF PHARMACY, ON JANUARY 10, 11,12, 1977 FOR
ADMINISTRATION OF PHARMACIST LICENSE EXAMINATIONS
Upon being seconded by Commissioner Plummer, 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.
96
SEP -91.
REQUEST FOR-
65, TUTORING FACILITIES IN ELIZABETH VIRRICK BOXING GYM
---REFERRED TO THE Cm MANA(;FR'
Mrs. Gordon: A lady who is a professor and who is going to be tutoring about
60 of the local persons who are going to be taking that examination, is looking
for a location that she can meet once a week on a Friday evening with them, to
tutor them. If there is a possibility that the classroom in the boxing gym would
be available, would it be possible that they could use that? It is where we took
our Spanish lessons. Mr. Manager do you think it possible?
Mr Grassie: I was making notes on Commissioner Reboso's item, I am sorry.
Mrs. Gordon: I was saying that there is a lady professor who is going to be
tutoring these local residents, about 60, for this examination. She called me yesterday
to ask if there was a location I could think of where she could put these 60 people
together in a room where she could teach them and help them to pass the examination.
I said I didn't know, but try to find out.
Mr. Grassie: How ma"i days?
Mrs. Gordon: Once a week on a Friday evening, for 3 hours.
Mr. Grassie: Possibly the Captain's room or something like that.
Mrs. Gordon: If you would like me know tomorrow I would like to get in touch
with her.
66, SLIDE PRESENTATION:
EDWARD D, STONE JR, & ASSOCIATES
INCLUDES; DISCUSSION OF NEW RESTAURANT LEASE
Mr. Wayne Kaiser: I am Wayne Kaiser with firm of Ed Stone Jr. and Associates.
During Sea '76, on August 1st, we had our photographer take some photographs of the
event from the Bicentennial Park and we have approximately 10 slides we would like
to run by you to show you the use of the park. It will take about 5 minutes to get
set up.
This is a photograph of the overlook, the elevation is 31 ft. it is one of the
highest elevations in the City of Miami. This is the playground that has been provided
for the children. The playground was a big hit with adults as well as with the
children. This is the overlook with a flyby from the Chalk's Airline, another view
of our overlook from the fishing lagoons, this is the fishing lagoon, ----another
view of the fishing lagoon during the events, the people were very crowded into the
lagoons.
This is a view across the fishing lagoon from the base of the overlook toward
the cafeteria. You can see some of the ships that were docked during the event.
This is a view from the ship to the cafe, this is from on top of the cafe, a view
of the arrival plaza and eating areas, seating area for the people who use the
cafe. Again, this is looking into the turning basin. Another view along our waterfront,
another view from the top of the cafe out across the arrival plaza, into the turning
basin.
This is a view of the inside of the arrival plaza, with the tree plantings,
boats on the other side. And again the seawall in front of the cafeteria. Another
view, --one of the Polish ships that came into the docks.
That concludes the slide presentation.
Mayor Ferre: On the subject of the Bicentennial Park when will it be finished?
Mr.Kaiser: The final inspection is scheduled for next Wednesday.
Mrs. Gordon: Is the Sensory Park for the handicapped been finished?
Mr. Kaiser: It is approximately 60% complete, it is scheduled to be complete
in two more weeks.
Mayor Ferre: When is the park going to be finished where people and children
will be running in there.
Mt. Kaiser: The Parks and Recreation Dept. is supposed to take over the
dark at the final inspection if everything is acceptable.
Mr.Plummer: That means you will have all your trailers out?
Mr. Kaiser: Yes. The grass istitem that is taking the longest, since the
irrigation system had to be installed first. It will he another 4 weeks before the
grass sprigging will be complete. All the sod is in. The main entrance will be
completely sodded, and finished by the middle of next week.
Mayor Ferre: How long does the sod take to become grass? The sprigging?
Mr. Kaiser: Four to six weeks, with water and maintenance. We want to be sure
the irrigation system is working. Without it,
Mayor Ferre: You have all the trees in?
Mr. Kaiser: We have 25 to 30 trees to plant.
Mayor Ferre: Mr. Manager how do we stand on the restaurant? What are we going
to do with that?
Mr. Grassie: I haven't heard that we have made any progress on that.
Mr. Hayes: They are working up proposals for advertising right now.
Mayor Ferre: They are working on what?
Mr. Hayes: Proposals for concessionaire.
Mayor Ferre: We have anybody interested?
Mr. Hayes: Nathan's Hot Dogs is interested in it.
Mayor Ferre: We have to be careful with that. We don't want to have that
beautiful thing end up a hotdog stand.
Mrs. Gordon: Not only that, it will give the connotation of Coney Island.
Mayor Ferre: As far as the beauty of the place, I think it is a beautiful
place.
Mrs. Gordon: What I am trying, is keep the image.
Mayor Ferre: Mr. Manager would you in the next couple of months take a look
at that, and spend some time, and make sure we don't make mistakes on it?
Mrs. Cordon: When is the audio and other equipment for the Sensory Park
going to be in. You said about two weeks everything will be in?
Mr. Kaiser: Yes, ma'am. We are placing the rocks next week.
Mrs. Gordon: The audio equipment, the signs and everything?
Mr. Kaiser: The audio equpment is not a part of this contract, the M.R.
Harrison, General Contractor. I am not familiar where the,
Mrs. Gordon: Who is it with?
Mr. Kaiser: It would be the Parks and Recreation Department. Mr. Forman, over there.
Mayor Ferre: Would you get somebody in the administration to send Mrs. Gordon
a memo on that, and a copy to us?
Mrs. Gordon: I want to know what is going into
Mayor Ferre: status of the audio part.
Mrs. Gordon: Right.
11111 11111 111111111111111110 I 111111111111111
Mayor Ferre: While we are on the subject of Bicentennial Park, and
getting over to Bayfront Park. Where do we stand, whoever is handling this.
Where do we stand on the filling permit for that triangular piece next to the
restaurant?
Mr. Grassie: My impression is, not much progress. •
Mr. Hayes: We have supplied the State all the information they have requested
and each time they come back for two more items. We have given them the last two
items and we haven't heard yet. They are supposed to set up a date for a hearing
next.
Mayor Ferre: As soon as you do that, if you need my help, I'll get the Governor
in on this.
Mr. Hayes: We may have to resort to that.
Mayor Ferre: We will call the Governor. If we have to get this thing before
the I.I. Board, you let me know. I will get it on the agenda, if that is what you
need. There are not too many advantages of being Mayor but there are a few.
PROBLEMS IN N,E, SECTION ALONG BISCAYNEgBLVD
PERSONAL APPEARANCE: BY
LAIRS, GRACE ROCKAFELLAR ADOPTED BY THE CITY OF DETROIT
Mrs. Grace Rockafe.11ar: Thank you Mr. Mayor and ladies and gentlemen of the
Commission. I know it is late and you are tired. I am not going into detail, giving
you all the details of Biscayne Boulevard. I know you are all very familiar with that.
You are familiar with what the motels that engage in prostitution, pimps, drug pushers
have done to our area. WE have had complete cooperation form the police department and
from the legal department and and as president of the Northeast Improvement Association
I have been asked by the association and the merchants and residents in the area to
extend their heartfelt gratitude to you Mr. Mayor and this commission for taking the
lead in helping us solve this problem. It was through your efforts that we got involved
with the State Commission which regulates hotels and motels. Since that time they have
revoked the license on the New YOrker. We through our own efforts have closed down
another one, and on September 16 the commission has taken motel No. 3 before the
commission hopefully to revoke their license. WE have about 9 more scheduled to go
through there. In the meantime our property values have gone down, that we can't
begin to sell our properties. Either the residents or the merchants, to come up to
the amount they are assessed at, they are receiving reductions which is having a
severe effect on your tax base here.
The police have testified time and time again, that our trouble started and
will continue as long as we have these adult movies, pornographic movies, and
adult book stores. They claim this is a natural hang-out for prostitutes and drug
pushers, and until we eliminate these, we are not going to get too far. Now we have
one at 79th and Biscayne Blvd. known as the Pussycat Theater and Mr. Malvin Schaefer
whose license we just revoked recently before the State Commission,bought the Aloha,
somehow, this man has money, and when a motel can't make it, Mel Schaefer buys it.
It immediately become a house of prostitution and their act of business after purchasing
the Aloha was to install pornographic movies, jelly beds, mirrored ceilings and dim
red lights. One of the employees told us the other day, that works there, that they
have another gimmick now, that if you can't get on the street and pick-up a hooker,
and if you can find a girl to come in, they charge you $25.00 for two hours for the
room and they will furnish the girl for another $25.00 for the two hours. So; at $50.00
for two hours, when they are open 24 hours a day, that is a pretty good business. But
they have been installed in 3 different motels on the Boulevard. It was in the Miami News
last week that both male and female prostitutes are honking, --they are soliciting inside
these porno theaters, in Little River and Biscayne Blvd. Through our comprehensive
plan, for the City of Miami, the City if working with the merchants of Little River,
trying to rehabilitate that area, to get their economy up so everybody can pay their
fair share of taxes.
If you stand at the corner of 79th and N.E. 2nd Avenue, you look in every
direction and you can count 5 pornographic movie houses within a half a block.
The adult hook stores are dotted all over the place.
The real reason we are here in addition to thanking you from the bottom of
our heart for what you have done, is to ask for your help again. Because you are the
only one that can give it to us.
Mrs. Rockafellar: About two months ago, the United States Supreme court
heard a case involving Detroit Michigan, and I think most of you are familiar with
that. I have been talking to Mr. Weston about that.
Mayor Ferre: I sent a memorandum to the City Attorney's office requesting
that the supreme court ruling on Detroit be fully analyzed, that appropriate
legislation be prepared for the City of Miami. Where does that stand?
Mr. Weston: We got a copy of their ordinances. that the are going to go through
the process. It is a zoning ordinance that is involved.
Mayor Ferre: You know how you go about doing that don't you? You have to zone
a section of town, that will permit that type of, i would like to have recom-
mendations from the public as to what section of town we are going to zone,
Mrs. Grace Rockafellar: How about the everglades? Send it back to the county.
They are dumping everything on us.
Mayor Ferre: Grace, it has to be reasonable.
Mrs. Rockafellar: If you would let me finish, Mayor. 11._iEtened to this decision
very carefully read, when it came over the radio and came on T.V. What the court
said in making this decision, it just so happened in Detroit they said there couldn't
be either a movie or a book store within a thousand feet of a residence or any regu' ed
business, which takes in apartment building, hotels, motels, restaurants and bars.
But it did not stipulate that in any of the municipalities such as the City of Miami,
this was just what happened to be in the Detroit ordinance, but it said at the time,
in issuing their decision, that they were handing down to the municipality,the tools
to work with in which to regulate these things, that have caused a destruction in
the community and ruined the economy in the community. We hope that we get an ord-
inance through here that would be retroactive to close these places down. I think
that it is a step in the right direction and this is the reason we are here before
you today. We would like this think put through as fast as it could be, and hopefully
we could eliminate the rest of it.
You people, ---you especially Mr. Mayor, for your work in getting that commission
down here, we are very, very grateful for that. We are asking you to take one more
step. Get this ordinance, and let's really rid this community of the adult book stores,
and adult movies, because we are people who have pride in ownership. I have put our
house for sale. Rose Gordon will vouch for this. it was handled through her realtor.
A man came in from out of town,he had a wife and two children. Rose's office brought
him out. The price was right. He came back 3 or 4 times. They were happy with it.
The day they were supposed to close, he came hack and sad we checked on Biscayne Blvd.
I cannot move my family into to this area. If we could sell our home and get anywhere
near a fair market. Since we can't we are going to fight it, right down to the end.
We are going to win, we hope. With the help of this commission, that has done so much
for us, we are here again.
Mrs. Gordon: You are absolutely right. Not only in the case of your house, but
in an apartment building that we had up on 80th Street, and which we considered a
very fair deal for all parties. The man answered 'I wouldn't bring my teen agers
into this neighborhood.' That killed it right there. The people have gotten an image
of an area now, that they just not even want to go near it. So have to turn it around.
Mayor Ferre: It has become the prostitution street and pornographic center of
Miami. Frank, when you have that, ----
Mr. Weston:Mike is planning to bring it up before the next zoning board.That
is where the process starts.
Mayor Ferre: I would like to read a copy of it before the process starts.
Would you send a copy to all members of the commission and the manager so we can
all read it.
Mr. Weston: WE have a copy of it. We have to adapt it for our process here.
It is not the type you were mentioning Mr. Mayor. What it does, like. Mrs. Rockafellar
says, it prohibits the establishment of controlled businesses near other controlled
places.
Mrs. Gordon: Can we require licensing per year, and certain specific requirements
through that avenue?
100
$P 1
Mt, Weston: Our ability to assess licenses, has been ---
Mrs. Gordon: Not the amount of dollars, I am not interested in that.
Mr. Weston: Licensing has pretty much been taken over by the State except
for the amount necessary for regulating certain things.
Mrs. Gordon: I am nc:: talking about the money. I am talking about other
requirements that will mak it; ---
Mr. Weston: It is pretty well restricted by the state statutues now but
maybe we will be able to find a way.
Mrs. Rockafeller: May l suggest the city be very bold in this. Now the
supreme court upheld the ordinance in Detroit. I don't know how long that ordinance
had been on the books. I am sure from the remarks, when they made their decision,
you could even put it in retroactive, and kick them out. And Mr.
the director of the state commission said to us, this Northeast area is a cess pool,
it is a disgrace to the communi,:y, and the City of Miami and the state of Florida.
There isn't another place like in the state of Florida. This is absolutely the worst.
He has vowed to come back and back again. If we can get this, we will carry that
part from then on. If we r'uld get the Commission and the City to go ahead on this
ordinance, and be bold. 'fry to get it retroactive. Let's get rid of what we've got
there. As long as they are there, we 4re confronted with this same problem.
We certainly appreciate you' efforts and I want to thank you for hearing me
today. Did you get a copy of that magazine?
Mr. Weston: Yes.
Mrs. Rockafeller: Did these people just originally, just now, install this
ordinance in the various cities?
Mr. Weston: They have bean establishing them over a period of time. Detroit's
has been there for some time. The supreme court case was just recent. I have the
ordinance here. I'll have it reproduced.
Mrs. Rockafell.er:Thank you Mr. Mayor and members of the commission. We will
keep our fingers crossed.
Mayor Ferre: That is not a bad idea. Thank you very much.
Mr. Weston: We have a copy of the ordinance. I am going to distribute ft to
you.
68, DISCUSSION ITEM: THATWHAVEL FCAUSEDCPROBLEMSNSES TO ESTABLISHMENTS
Mr. Plummer: I would like to call to the attention of the '.tanager and to the
attorney. There are provisions within our ordinances as they relate to nightclubs.
For those nightclubs which have consistently given this city problems from police
and other areas, it provides the city's right to deny their renewal. It likewise
provides for appeal before this commission. The reason I am bringing this up now,
that deadline is October 1. I don't want it to pass without your taking full cognizance
of the opportunity of availing yourselves to some of the problems being caused by some
of these establishments, primarily in the downtown area and having the full letter
of that law implemented so that it doesn't slip by October 1. I'll be glad to talk
to you off the record.
69, MOTION OF INTENT:
PROVIDE ADDITIONAL FUNDING IN AMOUNT OF $1,000
TO CONTINUE SALARY OF NORA SWAN, AS CHAIRPERSON
OF BICENTENNIAL COMMITTEE THRU DEC 31, 1976
Mayor Ferre: The School Board yesterday approved a continuation of Nora Swan's
leave of absence and they came up with some funding. Would you tell us about that and
what we need to do here.
Mrs. Nora Swan: Yes, they come up with the $3,741.00 which represents half of
the salary, to end the Bicentennial and December 31st, 1976. We now have about $2780.00
left it the Bicentennial fund.
Mayor Ferre: How much more do you need?
Mrs. Swan: About $1,000.00 beyond that.
Mayor Ferre: I think for an additional thousand
good bargain.
Mr. Plummer: I got lost there somewhere.
dollars, we
get a pretty
Mayor Ferre: What she is saying is, the School Board on Tuesday gave her
permission, and allocated $3700.00 to pay for her salary between now and December 31,
provided the city matched it. Now, she has $2700.00 left in the funds allocated for
her. That means that if the city comes up with an additional thousand, she could
stay here between now and December 31st.
Mr. Plummer: In what capacity?
Mayor Ferre: In the same capacity, chairperson for the Bicentennial Celebration.
How many projects are you involved in at this time?
Mrs. Swan: We have a major film festival that we are working with Wometco.
They are very interested in that, which will he over the 200 years of American,--- t
Mayor Ferre: You have enough projects?
Mrs. Swan: Oh, yes. We have to put together the whom album of records of
what has been done during the Bicentennial which we have not had a chance to do,
and the City should have a record of that. We have a number of other projects that
are not completed, the Community of Man, and we :ire :inviting the top environmental
planners to the City. They will be coming here to work on that. There is Pioneer Week
that is coming up. WE are working with the Historical Association, and I have been
asked the Chair that.
Mayor Ferre: I certainly think for $1,000.00 we are going to get,
Mrs. Gordon: In the midst of the Bicentennial year, we haven't completed our
activiites for the year.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-811
A MOTION OF INTENT TO PROVIDE ADDITIONAL FUNDING IN THE AMOUNT
OF $1,000. TO BE USED WITH EXISTING SURPLUS AND MATCHING FUNDING
FROM THE DADE COUNTY SCHOOL BOARD TO CONTINUE SALARY OF NORA SWAN,
CHAIRPERSON OF BICENTENNIAL COMMITIE THRIJ DECEMBER 31, 1976
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: Where does the funds come from for your secretary?
Mrs. Swan: From Manpower.
Mayor Ferre: Okay. Thank you very much.
Mrs. Gordon: I would like to ask you if you would look into something before
this year is over for the handicapped park, in Bicentennial Park. that there be
some event taking place with the handicapped people when that park is finished.
Will you follow that up?
!!IIIIIIh!III!iIPIII ! I!PV!I11111I1!1I!III
Mrs. Swan: Okay.
102
§EP 9,1976
UCT
70, NATIONAL SOLAR RESEARCH CENTER ONSAGENDACITY MANAGER TO PLACE
SEPTEMBER 23, 1976
Mayor Ferre: The county has been working with the national solar research
institute. I don't think we have enough information unless Mr. Manager you might
have, --I don't know if somebody in staff has been following this up.
Mr. Grassie: Personally I have had a complete briefing on it.
Mayor Ferre:Do you want to tell us about it. Perhaps you might make a decision,
or do you think this is the time to do it?
Mr. Grassie: It has been about a month. I would prefer to get more accurate.
Mayor Ferre: Would you put it on the September 23 calendar, and we will take
it up at that time. I think you ought to come with a recommendation one way or the
other. I told Stu Simon , that in my opinion, if the county and the Chamber of
Commerce can get the National Solar Energy Research Institute down here, it is
well worth the land, that everybody has up at Interama. That is something that we
will have to decide after you have looked at it.
Mr. Grassie: The ques,icn T suppose you want answered is whether or not
it is required that the City dona « its land.
Mayor Ferre: What else? :'.c'u know that is exactly what they want.
Mr. Plummer: The greatest give-away you ever saw.
71, ACCEPT COMPLETED REBUILDING N,E, 59 ST,BTW N,E,2=4 AVES &
WORKN,E, 3 AVE, BTW N.E.NE58=59 TERRACE
Mayor Ferre; Anything else besides the Orange Bowl to come up, and the
Dolphin contract?
Mr. Weston: You discussed two items this morning in the Committee of the Whole
but they were not taken up during the regular meeting. You have to pass them. It
is Item 2 and Item 14. Item 14 is an ordinance.
Mayor Ferre: You are talking about Item 2?
Mr. Weston: You talked about it, but that was in your Committee of the Whole.
You need to pass it during the regular meeting.
Mayor Ferre: As I recall, Plummer moved it this morning and Gordon seconds.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-770
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF D.M.P.
CORPORATION FOR THE CONSTRUCTION OF N.E. 59 STREET HIGHWAY
IMPROVEMENT H-4392 (BID "A" HIGHWAYS) IN N.E. 59 STREET HIGHWAY
IMPROVEMENT DISTRICT H-4392 (BID "A" HIGHWAYS) AT A TOTAL COST
OF $92,080.97; AND AUTHORIZING A FINAL. PAYMENT OF $9,434.99
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
71-A PENSION EMOLUMENTS-CI1Y MANAGER:
AN ORDINANCE ENTITLED:
AN ORDINANCE PROVIDING FOR THE RIGHT OF THE; '
CITY MANAGER, ON AND AFTER AUGUST 1, 1976,
TO REJECT MEMBERSHIP IN THE MI 2u CITY.
GENERAL EMPLOYEES' RETIREMENT ?LAN (ORDINANCE
NO. 5624, MAY 2, 1956, AS A:•IEN:'ED) WITFIIN 30
DAYS FROM HIS OR HER CO:.'I ENC.c:• iT OF EMPLOYMENT
AS CITY MANAGER OR WITHIN 30 DAYS FROM THE
EFFECTIVE DATE OF THIS ORDIr;A:_.F.; FURTHER AUTHOR-
IZING, AT THE OPTION CF THE CITY r`.. iAGER, THE
ESTABLISHM 'NT OF A EEL'Ar TE AC: T Iid THE OFFICE
OF THE DEPARTMENT OF FIANC TO CONTAIN DEPOSITS
OF THE CITY'S CONTRIBUTIONS :J THE CITY r1ANAGER's
CONTRIBUTIONS UPON THE SA.F. E:\ZTS AS IF THE CITY
MANAGER WERE TO BELONG TO THE : 0?..::.SAID RETIRE-
MENT PLAN; PROVIDING FO'; THE PAYMENT TO THE CITY
MANAGER OF ALL MONIES CO::T?IB TFD t`.' THE SAID
MANAGER TOGETHER WIT',-; I::TEREST THEPJ C:; HELD
IN THE AFORESAID ACCGC'T I'; F.t:::::T OF I-:•IPLOY--
��T ♦T TET'1.IIN 7 P I r'.! y .�.... -)LErl j l w.
_ 1 L :L 1 t ..: � 1 1 0 :v C is L O : ( .. _ .. � �. v .' a � !.......• � C% i . � �
5 YEARS ; FURTdEF2 FC:,1 '_ii_, 'iR.`.".::.'i R
TO A PUBLIC TRUST FUND LLSIC::T_::) :','.0 THE CITY
MANAGER OF ALL MONIES HELD .. A:'i= _.dSAID
ACCOUNT TOGETHER WITH I:; T... . 1:I=C;I fir THE
EVENT OF E:•;PLOY;•IEN T `I ...'i TC : A.`.''.i _. is THE CO:•i-
PLETION OF 5 YEARS n.':7 aR IO': TO Tr.. CO:.1PLETION
OF 10 YEARS; FURTHER Pt;GV1ri:;G FOP. THE OPTION OF
CLAIMING ALL RIGHTS, I'i:: VILEG S , is:,; D BENEFITS
UNDER THE r AIr•IZ CITY G :E? r., F.'PLGYE S' RETIRE-
MENT PLAN AT THE CO:•.'LETIC:: O' 10 CONSECUTIVE
YEARS OF EPLOY,•.E::T AS CITY I:_A AGER, UPON THE
TRANSFER TO T ii:- F J -'.:) O_ Ti:.. PRO-
CEEDS OF THE AFORESAID SE: ACCO:iNT E;STAB-
LISHED HEREUNDER Al':D 'r.'Li.-."C..";: C-._.I'.ING N
ADDITIONAL EIGHT SL' CT TO CE -. i.'•l'::; C'O::DITIONS
OF TERMINATT':G EYLPI.O`iT::T P'.. EC-.'. TO REACHING
NOR:•L;I, r:Li:I::u:: SFvIC'i: _.._.._ ',iT ACE 1:::t)
RETAINING flE:IE3E;'.S :T:' :;`i':.". S l;i:,Cu NC HIS
OR HER r:C)R=, Nil.,':;_;' SER,! .._. _._:^Ii::,..__ .' F,GE.
REPi: \T,INC ;\1,L Oi:` I A':ii._ , CU:)': ;'t C'f 1 ONS OR
PARTS ':Ti:REOt I:: CC:..'i T: i ): `; 'i'i ':YATIE
IN CO:.. ..1L1'; r1:.D I'.) I..)_ :.
PROVISION.
Was Introduced by Cc -assioner P..ummer and seconded by Commi.ssionorGibson
and passed on its first reading by title by the :ollowing vote-
AYES:Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
SEP -91976
BRIEF DISCUSSION (A) LIGHTS IN SHENANDOAH PARK
72, ITEMS. (B) CITY OWNED STREET LIGHTING SYSTEM
(C) POSSIBLE PURCHASE OF PROPERTY ON BRICKELL AVE,
(D) STATUS OF DINNER KEY AUDITORIUM PLANS
(E) FLAGLER STREET MINI -PARK
Mr, Plummer: I would like two things to be brought up Mr. Manager to date
on the lights in Shenandoah Park, which were supposed I think to be completed
this month. I would also like a copy of the facts and findings of the administration
as it relates to the city owning the lighting program rather than leasing as we
presently are doing. I have never seen a copy of that report and I would like to
have one.
Mayor Ferre: You are talking about that thing that Jack Weiss kept coming
back on?
Mr. Plummer: Yes. Mr. Mayor it is very important relating to budget because
one way we go we do about one square mile under the budget, and if we go the way
we are presently going, W» can do almost 5 miles. There is a big difference. I
would like to see the justification if any, as to why the city should own the
system rather than leasing it from Florida Power and Llght as we have over the
past years.
Mayor Ferre: You want to bring that to a head?
Mr. Plummer: Yes, sir I sure would.
Mayor Ferre: Mr. Manager, several months ago, we discussed and the administration
was going to study the possibilities of purchasing on Brickell Avenue the property
across the street from the holiday Inn, and one on the other side which is a triangular
piece in front of Alice Wainwright Park. I would like that study to be completed
and if there is a possitive recommendation on your part and the commission wants to
do something, then we will have to call a public hearing for it.
Mrs. Gordon: Where will we get the money?
Mayor Ferre: That is something we will have to see when the Manager comes
back with the recommendation.
Mrs. Gordon: In discussion about Bicentennial Park additions you know,
FEC property, condemnation, ----I want to know how much money there is left in
the bond issue for that purpose?
Mayor Ferre: Would you make a report on that whenever, ---
Mrs. Gordon: I am very concerned. We may have to turn to other sources
in order to get additional money.
Mayor Ferre: I have one question of clarification on Item 25. I notice we
said the meeting for the Coconut Grove incinerator and Grand Ave. Park, we
set it for the 23rd. We voted on that. The question is, I understand from one
of those architects, it is not the same group, but on this Dinner Key Auditorium,
when are they going to be ready to make a presentation? They have been at it for
6 months.
Mr. Grassie: They are almost ready now, Mr. Mayor. The last thing they have
to do is incorporate some small suggestions that have been worked on by the staff
and they are just about ready.
Mayor Ferre: I ran into one of those fellows and I asked him and he told
me they were ready. So I think we have to bring that to a head quickly.
I would also like to ask how we are moving ahead on the Flagler Street
Mini Park. The one for $185,000. or whatever it was. Have we broken ground yet.
Mr. Grimm:That contract is awarded Mr. Mayor.
Mayor FErre: I know it is awarded. That is not the question. How are we doing?
Mr. Grimm: The only answer I can give to that, is they are in the process
of getting their insurance and their bonds and all that information to the city
before they start to work.
Mayor Ferre: Do they have a time parameter?
Mr. Grimm: Generally speak we'all.ow them 10 day after the award of the
contract to complete all their,
Mayor Ferre: That contract was awarded a month and a half ago.
Mr. Grimm: There was some holdup on that because of the amount of money
involved and I don't remember the exact answer to that?
Mayor Ferre: Would you follow up on that and report back to the commission?
Mr. Grimm: Yes, sir.
Mr. Plummer: Let me tell you something. i am just going to touch on it in
conversation today and then I am going to sit down and try to come up with a
little bit more delineation. I think what this commission needs, as well as the
administration and the public. I saw it one time, in one city and I don't recall
what. But there was a chart, on a wall, full view for everyone to see, and it was
a project, the cost of it was, when it was approved, what the status is a monthly
basis, when the completion date is scheduled, and I tell you, i think this city needs
one very, very badly. There are hundreds, literally hundreds of projects that either
somewhere in limbo of some kind of nature anc' I think we, the commission have the
right to know, and in some cases Mr. Grassie as a newcomer, has the right to know,
and the public has the right to know. So I am going to come hack to the next meeting
hopefully with definitely the project hoard, but what 1 think should be encompassed
in it. Let's get the thing up. I think that might help to expidite a few things.
You want to take the responsibiity.
Mr. Grassie: I am fully familiar with this. I have done it before commissioner,
and I will be happy to do it.
Mr. Plummer: I think it would be a great system.
Mayor Ferre: Anything else? Let's move along. Mr. Manager, the Dolphins,
you want to tell us where you stand?
]tits
SEP -91976
73, CITY MANAGERS
REPORT
NEGOTIATIONS WITH MIAMI DOLPHINS FOR USE
OF THE ORANGE BOWL STADIUM
Mayor Ferre: Mr. Manager, the Dolphins, do you want to tell us where you stand and
what you want to do?
Mr. Joseph R. Grassie: I guess to put it briefly, Mayor, it is my estimation that
the basis on which the city is approaching the improvement of the Orange Bowl and
what the Dolphins are looking for are things so different that unless we come to an
understanding of what is possible as far as what the city is willing to do and what
they want, unless we come to an understanding and an agreement there's no sense in
talking about the price and talking about terms and years and that sort of thing.
We're not talking about the same thing.
Mayor Ferre: We've got to talk about it. We've got to bring it to a head.
Mr. Grassie: I guess that what I'm saying is that we have not been and the city
has not been talking the same language with these people. And from what they
tell me, there has been very little discussion that has amounted to anything until
very recently.
Mayor Ferre: What is your recommendation?
Mr. Grassie: It seems to me that the only thing that we can do is for you as a
group to sit down with some of them and I'm not talking about negotiating a contract.
I'm talking about understanding - they understanding what you expect and you under-
standing what they think the world is about.
Mayor Ferre: Well, we're not going to do that... Either you come and tell us what
they're expecting or they can come here and represent....
Mr. Grassie: Ok. I can do that. I guess I have been down this route this morning
once, and if you'll take my word for it I'll certainly do that....
Mayor Ferre: Wait, let's not misunderstand. I'm not telling you to go negotiate and
come back with a finished deal.
Mr. Grassie: No. I understand. But I guess what I'm looking for is for you to
feel comfortable, for you to feel that you have as much information as we have with
regards to the problem.
Mayor Ferre: I want you to know that I felt, feel, continue to feel comfortable with
the way you've handled the Southern Bell Franchise. I don't have any qualms about
it. I have a disagreement with you as to what I think they're going to do and what
I think you should do....(INAUDIBLE) I have no problems about the way.... You go
do the same with the Dolphins and tell us what is your opinion of what we ought to
do and what they want us to do. But I think we've got to bring this to a head.
Mr. Grassie: You're entirely right.
Mayor Ferre: Before you know it the season is going to be entirely over and then
we're going to be litigating.
Mr. Grassie: And we can't be in the business of one day before game time nobody
knowing whether there is going to be a game. You can't do that.
Mayor Ferre: (INAUDIBLE - not using microphone)
Mr. Plummer: I think it is only proper if the University of Miami has rejected a
favored nation that we likewise request the same that if we get more out of the
Dolphins than the University of Miami is paying us right now that they're going to
pay us more. Hey! Let me tell you cooperation is a two way street. Now if they
want to get out cheaper...
Mayor Ferre: Don't make me laugh. ... Do you think you're going to end up with a
deal better than the 10% with the Dolphins?
Mr. Plummer: Well, I don't know. They obviously think we're going to end up with
less. Am I right or wrong?
Mayor Ferre: Yes, I guess you're right.
Mr. Plummer: Well hell's bells! Let me tell you, what's the old story, Mr. Mayor,
what's good for the goose is good for the gander and I want that "favored nation"
.1.0 7
for the city and the university's contract - no :nor'- .::. ? n(: b.ss than what they're
asking. I think it is fair.
Mayor Ferre: I want you to know something, we haven't given them a "favored nations
clause" and I'm not about to vote for. it. ...
Mr. Plummer: If they want it I'll give it to them but T want the same thing they're
asking - no more, no less.
Mayor Ferre: They're going to end up winning on that one.
Mr. Plummer: Maybe they will, maybe they won't.
Mayor Ferre: Well, my opinion is that....(INAriDIBLE)
Mr. Plummer: Well, let me tell you what I'm in favor of and let's put this on the
record so there is no misunderstanding. Ok? We, this commission, Mr. Mayor, and
you were not present I don't think at this ,:ommiission, realizing the plight and the
problems of the University of Miami. bent over backwards for those people. Not only
do we give them $25,000 a year in an outright gift for ar Astroturf which they have
built, we also allowed them to put 40 seats at a thous:and dollars a clip up on the
top, we then reduced their rent because of the problems that they were having from
15% to 10. Now you tell me that they're .crateful what a;c:'ve done and now they're
demanding a "favored nations clause"? (INAUr)13Li: ;.F-S'CN,SE FROM MAYOR) Well, let
me tell you something. They can pass everything t:,ey want. i3ut do they have a con-
tract with us?
Mr. Grassie: Well, we thought so. It does point up a procedural thing that I might
suggest to you that in the future that most of these contracts be adopted by other
parties before they come to the City Commission.
Mayor Ferre: Yes. I'm reading now (this is July 2th): "Following discussion and
upon motion duly made and seconded, the commit:,,._, voted unanimously to instruct the
administration to withdraw the Orange Bowl Contrac under consideration today and to
amend said contract as suggested by Mr. (Beep)."
Mr. Plummer: In case you didn't know, "Peep" ir. Spanish is Maurice Ferre.
Mayor Ferre: "Beep" is that I'm not going say who it is because it's not fair.
You're not supposed to know any of this. This is privi.ledged information and I really
can't pass this on to anybody except just to say that Mr. "Keep" pointed out that the
contract provides for a rental of 10% of the oetabiished ticket prices and suggested
that the contract be amended to provide that the university would in no case pay a
greater percentage for the rental of the stadium then that paid by any other major
user.
Mr. Plummer: In dollars or percentage?
Mayor Ferre: Percentage. And what I mean to tell you is that the date of that reso-
lution is July 28th and I just feel that it is unfaii that after we did what we did
and bent over backwards that they come around and pull something like that on us.
Mr. Plummer: Next we'll have the Orange Bowl Committee here. No, I don't think
they're coming back.
Mayor Ferre: Well, I wasn't here to vote on it but I would have asked that question
..."Have_ you agreed, is the university bound by it?" and if the answer had been no
I would have said, "Well you get your....
Mr. Plummer: Well, what is the posture of their contract at the present time? Is
it up or is this a renegotiation to get them to 10 years? (INAUDIBLE RESPONSE)
Well, I think it is very important.
Mr. Andrew Crouch: As I understand the ordinance- really governs the university.
This agreement was drawn up and embodied the conditic:ns of the ordinance as it exists
now anyway. So as far as I understood Mr. Andrews had come to an agreement and
they wanted the commission to approve this, it was a final thing. And this is news
to me.
M . Grassie: Is that true, Andy? You know I know less than any of you about this
but it is my impression that the ordinance calls for a 15% fee and the only way you
can get away from 15% is if you have an agreement for something else. And the pur-
pose of this agreement....
It)
SEP-91976
Mr. Plummer: Mr. Grassie,
a meeting some ,scar= ago c:,
Classic, the Orange tsow"! .
which is no longer pia -yea.
as far as I'm cony erne 1,
ece:i.l, to bring you up to date the commission at
`hat fee for Florida A & M on the Orange B1oseom
;..t University of Miami and the Shrine Game
T:se• were : :_.mpt from the 15% by ordinance. And now,
i.th r the.; plan on living up to that ordinance or the 10
year contract or 1 ti.irk we'
we are in with the Dolphin:
home because here ._ga
a bad guy, Father :.ik.sol
That motion said tl)at.
ember 9th(if I'm sort:_-)
10 days prior which .,a;
I heard was that_ the.p'n
23rd. Now I'rt r r'
the motion that is
we're looking at a
now before we
So I think the ails•ii... s.i.
in the same boat with the University of Miami that
Now Mr_-. Mayor, the only thing that I want to bring
this city get in the posture of being
.,:: ire this commission a motion which passed.
negotiations with the Dolphins was Sept-
,
i:n tipulated that it had to be in our hands
'.:.:,w this morning I think that the consensus
is the 25th. We do not meet again until the
a;•t_,ssi.e, of the time constraints and either
i' of this commission has to change or at best
think it should have some discussion right
is 23rd we're confronted with a doomsday.
he hold right now what we're going to do.
Mayor Ferro: That' .= t: ' :, : +.' r;r. -
so you could have a ;+_; .:.c it.
Mr. Plummer: I'm not yc i. .
Father Gibson dici.
Mayor Ferre: You ge L <:
about the time to :ter ine
Mr. Grassie: tie] ]. , I wi._:,
Mayor Ferre: We're ::ct. i .,
Mr. Grassie: We hav(s
Dolphins and it isn't he,
headed in different
ment when they're iooi
Mayor Ferre: Well, I
I think there is only
Mr. Plummer: What i" tine t <z;l
].eft it for the last thing on the agenda
;ave any. fun, I think ... I didn't pass that motion,
roc;y about this time so I figured this would be just
answer for this.
t:bout whetter it's civilized or not.
Lha :.;•,a of progress that would be necessary with the
iault. But the fact is that they and we are
is very difficult to come to a 10 year agree-
riierent than what we're looking for.
something. I think Father Gibson is right.
don't know where they're headed.
his commission?
Rev. Gibson: Man, I'm an :: :oc:n want you to know how specific I was - 10 days
prior to this meeting an ci,i.::, m,..>r.•;rd-cutting-day.
/•
Mayor Ferre: Yes, sir.
Rev. Gibson: Rij t! sat. and, "Well,Gibson..." Man, tell them we're
ready to do business. r':nu ;"•;,u somebody asked me, "Then what would you do?" I
said lock the Sates. "What, .c;;, .,.0 lock..?" I said you're right, lock the
gate. Right! Loc:l
Mr. Plummer: What he's to-iir.g y;u ::s this old coon can cut the mustard.
Mayor Ferre: You sound LLr;,? my LdLher when I was a little kid.
Rev. Gibson: Well, I ,:ar 1 .,.,,: :10 is young too. He is much younger than I and
every once in a while ho's. ;: :c:. :;ay A, "Daddy, is that you?"
Mayor Ferre: My ciu:i sa.i : , ;r>r 11,7,, by midnight or I'll lock the gate." So I'd
get home by midnight dr.d
Rev. Gibson: That's 1,6 right. They handle us like children. I warned
you all. I told you
Mr. Plummer: Weil., wl,eit:
Rev. Gibson: I want ac: i r. r:!
Mayor Ferre: All right. I'm Leay for a motion.
Mr. Plummer: The motion ur•_ie-a ic's changed is already here,
R i i R 4nclIFIPITMMIRR'DEMII RII? IFIrRPI1P IMl a"R
Mayor Ferre: What is the motion already on?
Mr. Plummer: I think as I recall the deadline was September the 9th.
Mayor Ferre: Well are those people aware of the deadline?
Mr. Plummer: Mr. Paul proffered the date of September 9.
Rev. Gibson: Right, they were here. They're smart boys, man. They're smart boys.
They knew that you and I were not going to stand up like St. Paul the Apostle said,
"Pity yourselves like men." I hope we will handle the citizen's like business like
we will handle our own.
Mr. Plummer: Well, let me try to read this then in my grogginess, as the Mayor said.
That is the policy of this commission. Is that right.?
Rev. Gibson: Right.
Mr. Plummer: Now then what we're saying, in another 5 hours and 15 minutes if they
have not negotiated a contract they don't have a stadium. Is that? I'm trying to
figure out where we go.
Mr. Crouch: It was that the ordinance prevails, or 15*—
Mayor Ferre: I think that's unrealistic. I think what is realistic is for us to
say, and instruct the Manager to tomorrow morning inform the attorney for the Dolphins
that we expect the 15% payment for the use that they've had so .:ar and that's what
they're going to pay in the future. We're on record. ',et me go through the process.
As I recall, 6 months ago or whatever it was in ;:arch Paul. Andrews writes a letter to,
Joe Robbie and he said, "Dear Mr. Robbie, I want to inform you that since we haven't
heard from you ... and we don't know, that you will be charged like any other user
of the Orange Bowl and we are enclosing her J i tip a :;'t--oL 1„ which is applicable" and
the schedule is 15%. See, we didn't hear n word i rc:,:, them for 4 or 5 months and
they, we got all this stuff and they you remember the rest of it. Now, the question
is that they have not come back the way they said they would by September 9th. Tech-
nically Father Gibson is correct. At midnight today whatever agreement we have is
over with - they've got to pay 15%. They haven't come back wt.ih a bonified negotiat-
ion. I don't think that we can tell them that they can't r,.1ay in the stadium. I
think that is a little far-fetched. But I think we can tell them that they're going
to pay 15% and that we expect payment forthwith.
Rev. Gibson: You want me to ease the pressure? Ok. I ain't got no problem
with that. I want to make a motion. Is that the procedure? You make a motion?
Mr. Plummer: Or the present motion stands.
Rev. Gibson: Well, I want to make a motion that as of one minute past twelve midnight,
the 9th of September, 1976 we instruct the Manager that the fee for the Orange Bowl
Stadium where the Dolphins are concerned will proceed at the rate of 15%...
Mayor Ferre: No, as established in the...
Rev. Gibson: In the ordinance. Well alright, I haven't got no problem with that.
As established in the ordinance. I don't have no trouble with words. I majored in
history and minored in English. At your schools too, not ours.
Mr. Reboso: Father, what about the two games?
Rev. Gibson: Oh listen, you insult me by asking. That means also, my motion carries
that the pre -season games whatever you call them, those that they're already played,
the rate of cost based on the ordinance. Ok? That's right. Man, they play us
cheap.
Mr. Reboso: I second the motion.
Mayor Ferre: There is a motion and a second. Is there further discussion on the
motion as made?
Mxs. Gordon: What was the previous motion that we're now repealing?
Mr. Plummer: The previous motion was that there was s deadline of September 9th
which is today...
Mayor Ferre: This motion really is superfulous because what it really does is it
just confirms what we've already said we would do.
EZ
1
11, SEP-91976
Mrs. Gordon: Yes, but o>::att. •.as it? Let J. L. or somebody tell me what the previous
motion was.
Mr. Plummer: The motion was two parts: (1) that they had a deadline of negotiation
which date was proffered by Mr:. Paul of September 9th. The second part was that they
would have into our hands, The eummissioners, the final adopted negotiations 10 days
prior to that date. That was the two points of Father Gibson's motion.
Mrs. Gordon: Ok. new e eetiee uF;: made by Father Gibson seconded by Manolo...
Rev. Gibson: I wi..l '.4ith i:.:•.i `ne :act_io>i if it is the understanding of every person
here on this ::ommis s R)r. _..;t one atter twelve tonight we live up to the ordin-
ance. If that in the iliw]r:Oandir withdraw my motion.
Mr. Plummer: Well, let mc. .s:ti une question, Father, for clarification. Are you
precluding any long term ae eemen U
Rev. Gibson: Well, '1 t
iate.
,rr-, about that. They're aren't trying to negot-
Mr. Plummer: Weil, L' arc you F:rec tuoi:q?
Rev. Gibson: I az., not. eaying that this agreement will begin to run cur-
rently with anything they r?u from here on.
Mr. Plummer: Lxcu::.e I'm sorry that a lot of times we get into play on
words. But then, a _ _, What Father Gibson initially stated was that if
they don't negotiate by 72 that the fee of the ordinance would pre-
vail which woul.:.i ;:rcelft,le 3:: • 1r a long term or any kind of a contract.
Rev. Gibson: Let. -n, i could beq I;, to negotiate a long term, the sense
of my understw din or r::ry 1 ':n t ad:i:rr my position, you could begin to negotiate for
a long term ;ausrnese ait._.- ..cur.: me,ute a ter midnight tonight. However, until such
time as a negotiated crht; c,r.r. 1.s and delivered to this commission we're going
to be collecting the ? re,rCtj. , r_ j r_ at of the ordinance.
Mr. Plummer: Or ",rYsele ize o:.ne to be standing in gate 7...
Rev. Gibson: Mar, he n,i,..e tc:, stand. All he's got to do is go there and put
the lock on thr dog -gene g_, to . That's ,:11 . Throw a lock on it. That's what you
would do with anybody els, .
Mrs. Gordon: Will you art.w&:: me :,ince you are the man who's going to stand there and
take the heat and do the ee:at_at.i;:y? Will this motion hamper your negotiations?
-I'm serious! I don't weet to :: izn_r, I want to make a deal.
Mr. Grassie: I don't t :in). i wi.'.l.
Mrs. Gordon: It will :uoe. ivili is held you?
Mr. Grassie: No. The only e.r;rn; that will help is if the City Commission can achieve
a level of understanding :, t:.: ;•robi.2m.. I think you need to get into the problem
more so that. I have a directvr: from you which is accomplishable. I'm not going to
bring you something the?: :' r.,. acing to accept. And I don't think it is accom-
plishable within the .:o=,tE xt :of Lire discussions that we have now. So...
Mr. Plummer: I think _.h:rt p;, . ..;r._..>> : e is entitled...
Mrs. Gordon: I want to d:) wh'.eees.
Mr. Plummer: Ok. I teee he .r:tit,ed to policy from this commission such as:
Is this commission willing t_ accede to some of the demands of Mr. Robbie such as
additional parkieg; _,,, tional ::.ncession rights; such as participation on
the souvenirs and _he .;c;;r. _:,;:,r?; =.uch as a three year contract with an escape clause.
Now this is what he :-..j:. .t_- , ; }:r:,.r.; to negotiate. Because if this commission is
emphatic in sayin•j no t.r:. r1 t it is;r: that that is what his ultimatum is and he's got
to know that. le thi:: with- to it and listen to the demands of the
other side and possir�' :r<sn c,r is this commission going to take the ax...
Mayor Ferro: hoor., t!,.r: ..-c:,MM.I.:=:::.c:. n my opinior, has always been reasonable. Yes,
of course, we'll liF tor. to anyt :, : ncq that's reasonable. But the fact remains that
they were supposed to be ;t _'EQ;:J:7.er. the 9th. They weren't and as far as I'm
concerned they pay 15`b.
Mrs. Gordon: Do you want this motion that was on the table to go forward? Will it
help you? Will you then be able to communicate with them better or not?
Mr. Reboso: Rose, I don't think we should go backwards. The two pre -season games
should be paid at the rate of 15% right now. And if the negotiations take another
two months and two more games are played at the rate of 15%. That's the only way
they are going to come to terms.
Mayor Ferre: The only way you can deal with Joe Robbie is that way. Past is past.
Now he's played them, he didn't come in here by September 9th - he owes us 15% for
those two games. That's the way it is.
Mrs. Gordon: Ok, fine. Do you want it in the motion? I asked a question...
Mayor Ferre: As far as that man is concerned he seems to think that he can do whatever
he wants because we aren't about to antagonize the fans. We aren't about to antagon-
ize Joe Robbie. We aren't about to, we wouldn't dare do anything like that. And
Dan Paul is going to come down here and we're going to get some bad editorials and
everything else.
Mr. Grassie: Mr. Mayor, my only concern is this: You know I feel that this City
Commission is completely capable of making the best decisions for the community but
you have to have the information. You have to have the basis of making a decision.
For example, the City Commission does not at this point know because no body has told
you, what the operating costs of that facility are. You don't know what the economics
of that facility are. You don't know what the economics of the facility would be if
we made a $15,000,000 investment which is what we're proposing to do. Now nobody
has told you that. And we have not taken the time for you to understand that. We've
not taken the time for you to understand what parking means and what concessions mean.
And until you do it is very difficult for you to make an intelligent decision.
Rev. Gibson: Ok. Mr. Grassie, if this is going to help you any you could take all
the time you want to educate us about what concession is and what parking is and
what all that jazz is. All I'm saying to you is one minute after twelve tonight -
one minute past twelve the ordinance is in effect. Do you understand what I'm saying?
Man, it's crystal clear. You could negotiate from now until Christmas but if they
want to play they know they're going to give us or go by the ordinance. You know.
Let me tell you why I am. The man was up in the Coconut Grove Hotel playing the game
on you waiting for us to... And they quickly got in there and got a telephone and
then he comes running. And you know, as it I was a fool. I wasn't as foolish as
they thought I was. Man, my mother always said when you dig one hole dig two. And
they didn't have a lot of education but they had a lot of common sense. I went right
along. I hushed, I was quiet - said nothing - but 1 knew this day was coming. The
only thing I regret is it isn't one minute past twelve. Rose, I wore my television
shirt today. Everytime I wear a blue clerical shirt she swears I have on my televis-
ion shirt. You dog -gone right I have it on today... Let me give the benediction.
Mayor Ferre: There is a motion and aecond. Have you withdrawn the motion?
Rev. Gibson: Mr. Mayor, I'm willing to withdraw the motion if it is the definite
understanding that the ordinance goes into effect one minute past twelve. I don't
need no motion because I already made a motion and you passed it. It was the prevail-
ing act. I want to withdraw as the maker and ask that my original motion prevail.
Mr. Reboso: Father, my question again about the two games already played...
Rev. Gibson: The understanding by Plummer was, Plummer proffered it, that whatever
we agree upon. Ok, let me do it the other way. I move you, Mr. Mayor, that...
I'm going to withdraw that one and substitute this one.
Mr. Reboso: I withdraw the second.
Rev. Gibson: Alright. I move you, Mr. Mayor, that the ordinance that we have be
the prevailing ordinance for any and all games played in the season of 1976 whether
they be pre -season or otherwise. That's the motion.
Mr. Plummer: What he's saying is the first game they play they've got to now pay
15' so that is what applies to the two first games which was my motion.
Rev. Gibson: And any and all subsequent games until a contract is agreed upon - until,
Mr. Reboso: J. L., they can ask the same question. They can come and say they are
negotiating and they want the negotiations to include previous games.
Mr. Plummer: That is correct.
112 SEP - 91976
Mr. Reboso: That is what I am trying to avoid. They have to played already.
Mr. Plummer: By their inaction today they have prevailed upon themselves the
ordinance.
Mr. Reboso: That's right. If I second the motion. The motion is clear
that they have to pay the fist two games?
Mayor Ferre: Before they play the next one.
Mr. Plummer.: Sure. (INAUDIBLE)
Mayor Ferro: And it has to be payed before the next game. Make that a part of the
motion. Right?
Rev. Gibson: Right. 1'11 make that a part of the motion.
Mr. Reboso: I second.
The following motion was introduced by Commissioner Gibson, who moved
its adoption.
MOTION NO. 76-812
A MOTION DECLARING, THE POLICY OF THE CITY COMMISSION THAT AS OF
12:01 A.M. SEPTEMBER 10, 197u, THE PROVISIONS OF ORDINANCE NO. 8152
SHALL APPL`I• 'I ") lE OF THE ORANGE BOWL STADIUM BY THE MIAMI
DOLPHINS; LAI' c NA';."r_ TO APPLY TO PRE -SEASON GAMES ALREADY
PLAYED AND ALT .;t I :;tJEN. '''ES TO BE PLAYED UNTIL A LONG TERM
CONTRACT IS 1 ii: , \ C: NI F. ,: „ ' F CITY OF MIAMI TO BE PAID PRIOR
TO PLAYING OF ANY I i.;.: 't; GAME.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the followinu vote -
AYES: Commissioner Manolo Reboso
Commissioner. J. L. Plummer, Jr.
Commissioner (Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
ON ROLL CALL
Mayor Ferre: I reluctantly vote yes. And I say reluctantly because I'm concerned
about this whole thing. But or: the other 'nand I think Father Gibson is absolutely
' •ight. These people have shown no interest to come in here and talking.
COMMISSIONER GIBSON`S
74, STATEMENT REGARDING:
RrPIJRT ON FINDINGS OF TH COMMISSION APPOINTED
TO STUDY RESULTS OF THE UNIVERSITY OF CHICAGO
METHODS OF ENTRANCE LEVEL TESTING
Father Gibson: The Commission; charged me with the responsibility of getting a
committee of professionals to view and review the Police Examination for the
University of Chicago... They have made their report. I have made available to
each person a copy of the report. i have only one copy. Each ... has a copy,
the Manager included. I need to explain to the commission that while you asked me
to handle this matter. I titcgbt it was only fit and proper that I report to you
first. I was told by the City Attorney and if I'm not right I want him to tell
me right here that I roust turn the record over. Because the paper said that the
new ruling is that t rom the time they :,tart taking the notes it becomes public
property, that I could nog hold t;iat document until such time that I reported the
information to you, that i was by law commanded and demanded to turn it over.
However, 1 did not have L,) give them the document in their hands they would have to
come to my offi e for a place ;,;reed upon by me and they could view the document.
I thought differently. The young lady from the Herald was very persistent and I
want to congrat'tlr,tc• her ter that.. I'm sure Mr. Weston got more calls from the
Attorney General than ever in his 1itc. Finally, they agreed to turn it over and
I then called for public .., i rn.ii the cocuments available. The television came
and made it available. The hex., morning I ran like hell to you to make sure you
had it because I':r: sure it . unc s ___ for you to hear it on the radio, televison
and read it in the paper bi.• c.se yeu even got a copy. Please understand I did not
up stage I had no choice. Mr. Weston says further that if the media wishes a, copy
they would have to make their own. I will make mine available and they can come
and get... you know and make it in my presence.
SERAWL
The individual doesn't have to come to me. Go to the Mayor, don't have to go to
the Mayor go to the City Manager. Mr. Mayor, I would hope that you would now
agree that the Commission when we would have those professionals here before us.
Mayor Ferre: Mr. Grassie, when are we going to have those professionals here?
He's talking about ... I think three psychologists, to give us a report...
I think we really got to kind of make a decision whether or not we're going to
keep the University of Chicago. They're recommending that you do and Father
Gibson concurs with that and I think he was the committee of one appointed by
this Commission and we've got to hear his report and have them here and come to
a conclusion. I think the University of Chicago is entitled to that. I won't
make any comments.
Mr. Plummer: Mr. Mayor., I don't think its up in the air. I think the report
proffered by Father Gibson speaks for itself.
Mayor Ferre: We have to either accept or reject that report.
Mr. Plummer: Well we can do that right now. We can either accept it or reject
it right now. Now, Mr. Mayor...
Mayor Ferre: Wait a minute I disagree with that.
Mr. Plummer: You have that right.
Mayor Ferre: Well, I think that we need to have those people here in case...
I have some questions for those people.
Mr. Plummer: Well, if you have some questions Mr. Mayor you are not prohibited
from asking those questions directly of the people.
Mayor Ferre: Before I vote.
Mr. Plummer: No. I don't think there's a vote needed sir. That's what I'm
trying to get at. I think that as it presently stands there is only vote that
would prevail and that vote is to discharge the University of Chicago.
Mayor Ferre: Well, I might want to do that.
Mr. Plummer: Excuse me, yes in your one vote. Now, if the rest of the members
of this Commission feel possibly that they would like to discharge them thats
a different story.
Mayor Ferre: But if I get those psychometrists here...
Mr. Plummer: Mr. Mayor what I'm trying to avoid is that of a screening session
which I know this will turn into.
Mayor Ferre: Screening session?
Mr. Plummer: Yes sir, just exactly what happened at the last time that three
people were asked to serve to do this committee report. I think I made my point
very clear at that time.
Mayor Ferre: No, I don't understand it all because I've never heard a report
from these three people. I've never seen it.
Mr. Plummer: You haven't gotten a copy of it yet?
Mayor Ferre: I have when Gibson gave it to me. I've never talked to those people.
Mr. Plummer: Ok. Now, all I'm saying to you that I think only a meeting needs
to be called if there's further clarification or a difference of opinion.
Mayor Ferre: Plummer as Mayor of the City of Miami I'm requesting that this
matter be put on the agenda on the 23rd and ask those people to be here. Now if
you want to override that you and two other people have that right.
Mr. Plummer: You have the right to request it same as I do.
Mayor Ferre: I'm request it.
Father Gibson: Mr. Mayor, would you invite the people that you employed addition-
ally to those that you employed from Chicago. I think that would safe in that
Chicago could come here and tell you some things and you may not understand from
114
JI
SEP
a technically point of view because if you read the first three pages of that
report your professional committee that you employed and had trust and confidence
in said a couple of things that I think you need to have them come and reiterate
and also explain the subsequence statment or pages... Is that fair?
Mayor Ferre: That's fair.
FAther Gibson: Beautiful. Mr. Grassie you know we want both Chicago and ...
75, BRIEF DISCUSSION IN THE LITTLE HAVANA AREA
THREATENED CLOSURE OF LEGAL AID OFFICES
Mayor Ferre: All. right, I've got another subject here. 0n August, the 5th, I
wrote you a memorandum about a story that came out in the Herald on July 28th.
Plan have Legal Aid offices. One of the things they were going to do is close.
down ... Legal Aid Office in Little Havana and I strongly protest that. We've
been paying in the past good City of Miami money for that service and I'd like
... I don't know are you ready, this is August 5th, so this report is a month
old... this request is a month old. I know you've been very busy. I'm concerned
about it because I just think its wrong. Let me give you the memo to remind you.
Now, I just ftel its wrong for the legal aid after we've come up with what
$55,000 ;A v.._ar'. And the main purpose of it as you may recall was to give service
to the Little Nave-ina Area. Now, they're going to sit... I have no further
things. That's it.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at:
ATTEST:
7:10 O'Clock P. M.
RALPH G. ONGIE,
City Clerk
MAURICE A. FERRE
Mayor
115
SEP r, 19
CITY OF MIAMI
6
7
8
9
COME T
DOCUMENT IDENTIFICATION
c c)`• M i tiff ION AGENDA :AND ('.I [V CLERK RI:('HRT
ACCEPTING THE COMPLETED CONSTRUCTION OF D . M . P .
CORPORATION FOR THE CONSTRUCTION OF N.E. 59
STREET HIGHWAY IMPROVEMENT H-4392 (l3Il) "A"
HIGHWAYS) TN N.E. 59 STREET HIGHWAY IMPROVEMENT
DISTRICT H-4392 (BID "A" HIGHWAYS)
ACCEPTING THE COMPLETED CONSTRUCTION OF TR0P1-
C,AL LANSCAPI: Co. FOR THE CONSTRUCTION OF N.E.
4T11 COURT HIGHWAY IMPROVEMENT H-4360 (BID "C"
LANSCAPE PORTION) IN N.E. 4T11 COURT HIGHWAY
IMPROVEMENT DISTRICT H-436(1
ACCEPTING THE COMPLETED CONSTRUCTION of ALMAR
CONSTRUCTION CORPORATION FOR THE CONSTRUCTION
OF N.E. 59 STREET HIGHWAY IMPROVEMENT H-4392
ACCEPTING THE COMPLETED CONSTRUCTION BY D.M.Y.
CORPORATION OF GARDEN HIGHWAY IMPROVEMENT
1{-4374 (BID) "E" DRAINAGE) IN GARDEN HIGHWAY
IMPROVEMENT DISTRICT H-4373
WAIVING THE REQUIREMENT OF THE CONTRACT DOCU-
MENTS FOR THE; MOORE PARK IMPROVEMENTS- 1976
WHICH REQUIRE THAT A FINANCIAL RATING OF
A+AAA BE POSSESSED BY THE INSURANCE CARRIER
ISSUING THE PERFORMANCE BOND
ACCEPTING HIGHWAY RIGHT-OF-WAY DEEDS OF DEDI-
CATION FROM REX ENGRAVING OF MIAMI, INC. AND
11((,IUS MILLER.
AC('EP'l' I NC T1IE HIGHWAY RIGHT-OF-WAY DEED OF
DEDICATION CONVEYING TO THE CITY OF MIAMI THE
l'AST 20 FEET OF LOT 2, IN BLOCK 3, OF ANDRE'S
RESFBD 1 V1 SI ON OF A PART OF PEARSON' S SVBDIVT-
S3 )N 1N THE CITY OF MAIM1
ACCEPTING THE GRANT OF EASEMENT FROM NATHAN
SF.(;E 1, AND ESME M. SEGEL, FOR THE PURPOSE OF
CONS1 RITT I NC , LAYING AND MAINTAINING A STORM
SEWER WITHIN A 10-FOOT WIDE STRIPE OF LAND
LY I N(; WITHIN LOT 27.
:1(:('l:l''I' l NC THE PLAT ENTITLED FIRST ADD I T I ON To
('HI.ROSS SUBDIVISION, A SUBDIVISION IN '('E{E CITY
c(I' MIAMI.
A(' I Hc)R I Z I NG THE CITY CLERK To PUBLISH A No'1' 1 CE
or ('('l LIG HEARING FOR o131ECTIoNS TO THE AC -
('I I'"I:AN(:I: BY THE CITY C(►MMISSION OF THE coM-
pLrlED CONSTRUCTION OF N.W. 29 STREET HI.CIIWAY
1'•11'Ri)VI:MF.NT H-4361
c)R11I:R 1 NC !IAMMO('li SANITARY SEWER IMPROVEMENT
MEETING DATE:
September 9, 1976
COMMISSION
ACTION
RETRIEVAL
CODE NO.
76-770
76-777
76-778
76-779
76-780
76-781
76-782
76-783
76-784
76-7t35
TEJM NO. DOCUMENT IDENTIFICATION
la
15
16
17
18
19
20
21
5 '4 1 1 - ('
ORDERING HAMMOCK SANITARY SEWER IMPROVEMENT
SR-541 1 -S
GRANTING A CONDITIONAL WAIVER OF THE RENTAL
FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM
ON MAY 19, 1977, FOR THE SENIOR CITIZENS SHOW-
cA S E .
AUTHORIZING THE DIRECTOR OF FINANCE T0) PAY TO
MR. BART VTDAL AND A.M. PONTIAC, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $1,793.22
IN FULL. AND COMPLETE SETTLEMENT OF A PROPERTY
DAMAGE CLAIM
AUTHORIZING THE CITY MANAGER OF THE CITY OF
MI AM I TO EXECUTE AN AGREEMENT WITH METROPOLI-
TAN DADE COUNTY, THROUGH THE MANPOWER PLANNING
CONSORTIUM OF DADE AND MONROE COUNTIES.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH UNITED FAMILY AND ('HILDREN'S
SERVICES, INC.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH CHRISTIAN COMMUNITY SERVICE
AGENCY, INC.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH SABER, INC.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE COCONUT GROVE FAMILY
HEALTH CLINIC.
PROVIDING FOR PUBLIC HEARINGS TO TAKE PLACE
ON SI:PTEMBER 23, 1976 AND OCTOBER 14, 1976
ON THE PROPOSED APPROPRIATIONS ORDINANCE OF
THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE
CITY OF MIAMI
ACCEPTING THE BID OF SAFETY EQUIPMENT COMPANY
OF FLORIDA FOR FURNISHING THE FIRE DEPARTMENT
WITH 680 PAIRS OF FIRE FIGHTER'S GLOVES
ACCEPTING THE BID OF EBSARY FOUNDATION CO.
IN THE AMOUNT OF $49,950 FOR THE MORNINGSIDF.
PARK -BOAT RAMP EXTENSION-1976
ACCEPTING THE BID OF 'I SN CONSTRUCTION COMPANY
IN THE AMOUNT OF $ 37 , 50O FOR THE ALLAPA'I''I AEI-
COMSTOCK PARK -HARD SURFACE COURTS-1976
ACCEPTING THE BID OF TtYN CONSTRUCTION COM-
PANY FOR FURNISHING LABOR AND MATERIALS FMR
SIDEWALKS OF ASPHALTIC CONCRETE AND BASF
FOR THE WALKWAYS AT BAY FRONT PARK.
NDEX
GU}SM SSION
ACTIQ,^%,,,,
R- 76- 7;-t6
R-76-787
R-76-759
R- 76- 793
R-76-794
R-76-795A
R-76-795B
R-76-795C
R-76-795D
R-76-796
R-76-797
R-76-798
R-76-799
R-76-800
7 6 -- 7 .8 6
76-787
76-789
76-793
76-794
76-795A
76-795B
76-795C
76-795D
76-796
76-797
76-798
76-799
76-800
ACCF.P1 1':C; T'HF !)ID OF M1:AMI ELFVA'I'OR COMI'Al'
)111. '•1nliVRN I'/AT I ON (IF 'fill? L:AS'!'FRN Fl LVAToR
R-76-801
76-801
CUMENTINI. EX
TEM NO. DOCUMENT IDENTIFICATION
28
29
30
1't(:NI)1'; Ia`;01.1'TIUN 's:O. 76-624 AiwpII,U Ia'til:
17, 1976 WHICH AUTHORIZED REIMBURSEMENT t)1'
1R:AV}:!, EXPENSES FOR CERTAIN MEMBERS OF ('HE
BOARD OF TRUSTEES OF 1'HE MIAMI CITY EMPLOYEES
RETIREMENT SYSTEM
RECOGNIZING THE CITY OF SANTIAGO, CHILE, FOR
ITS BEAUTY ANT) IllENTIFYING IT AS A SISTER CITY
TO THE CITY OF MIAMI
R1;COGNIZING THE CITY CALI, COLOMBIA, FOR ITS
BEAUTY AND IDENTIFYING IT AS A SISTER CITY
TO THE CITY OF MIAMI
AUTHORIZING THE CITY MANAGER OF THE CITY OF
MIAMI TO PROVIDE A PROPERLY SIZED CITY FACILI-
TY AS THE LOCATION WITHIN WHICH TO CONDUCT A
CELEBRATION IN HONOR OF EMILIO MILIAN ON
OCTOBER 9, 1976.
cOHMI5SI-5N
___ACTION
R-76-802
R- 76-804
R- 76 -805
R-76-806
RETRIEVAL
CODE NO.
76-802
76-804
76-805
76-806