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HomeMy WebLinkAboutCC 1976-12-16 MinutesCITY OF MIA OF MEETING HELD ON DECEMBER 16v 1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL 1 IRDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO 1 1. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18, 19. 20. 21, PERSONAL APPEARANCE OF MR. GENE NAPLES AND ASSISTANT FIRE CHIEF H.W. BRICE, REQUESTING COMMISSION'S SUPPORT FOR THE EXPANSION OF JACKSON MEMORIAL'S BURN UNIT. RECOGNITION OF LT. DON MARCH, NEWLY ELECTED PRESIDENT OF THE FRATERNAL ORDER OF POLICE. PERSONAL APPEARANCE OF MR. RICK SISSER, LEGISLATIVE PRIORITIES. FLORIDA AVENUE - MATILDA STREET STUDY. DISCUSSION DISCUSSION DISCUSSION PERSONAL APPEARANCE OF ATTORNEY JESSIE McCREARY AND REPRESENTATIVES OF THE MIAMI POLICE DEPARTMENT AFFECTED BY ELIMINATION OF POLICE INVESTIGATOR CLASSIFICATION. DISCUSSION COMMISSION/CITY MANAGER DISCUSSION OF CURRENT DEPART- MENTAL BUDGET REDUCTIONS. REPORT ON WATERBORNE TRANSPORTATION. THE FREEDOM TRAIN'S VISIT TO MIAMI DECEMBER 26 THRU DECEMBER 31, 1976. CONTRACT NEGOTIATIONS WITH THE UNIVERSITY OF CHICAGO INDUSTRIAL RELATIONS CENTER. PRESENTATION OF INITIAL REDUCTIONS TO 1976-77 BUDGET ESTIMATE BY CITY MANAGER. IMPLEMENT PLAN AS OUTLINED BY CITY MANAGER ON FEE WAIVER POLICY. WATERBORNE TRANSPORTATION (AGAIN). AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH FERENDINO, GRAFTON, SPILLIS, CANDELA FOR PROFESSIONAL SERVICES FOR DOWNTOWN CONVENTION CENTER. AUTHORIZE VALIDATION PROCEDURES AND SALES FOR ENTIRE $25,000,000 HOUSING BOND ISSUE. AUTHORIZE CITY MANAGER TO AMEND PROFESSIONAL SERVICE AGREEMENT WITH PEAT, MARWICK, MITCHELL & CO. FOR AUDIT OF RECORDS & FINANCES OF CITY COMMUNITY DEVELOPMENT PROGRAM. APPROVE PAYMENT TO PENEKAMP INSURANCE AGENCY, INC. FOR RENEWAL OF CITY'S BOILER AND MACHINERY INSURANCE. DEFERMENT OF PROPOSED AGREEMENT FOR DESIGN SERVICES OF FORT DALLAS PARK. PERSONAL APPEARANCE OF MR. GUANDOLA, BOND COUNSEL. PRESENTATION OF PLAQUES & SPECIAL ITEMS RETAIN ED COLE AS SERVICING AGENT OF EQUITABLE LIFE ASSURANCE SOCIETY. AUTHORIZE AND DIRECT CITY MANAGER TO PAY MONIES DUE TO E. GONG, COUNSEL FOR THE RETIREMENT SYSTEM. DISCUSSION DISCUSSION DISCUSSION DISCUSSION M 76-1101 R 76-1167 M 76-1102 DISCUSSION R 76-1103 R 76-1104 R 76-1105 R 76-1106 DEFERRAL DISCUSSION R 75-1107 M 76-1108 1-3 3-4 4-9 9-25 25-30 30 31 31-32 32-33 33-34 34-35 35 36 1337 7 138 89,40 9u40 1 0 INtx C141Pg(%f OF M(FLORiDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 22. 23. 24. 25. 26. 4 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. AUTHORIZE AND INSTRUCT THE CITY MANAGER TO IMMEDIATELY PROCEED WITH CONSTRUCTION OF VELODROME. M 76-1109 TEVILLA PLAT - DEFER ACCEPTANCE SO CITY COMMISSION CAN INSPECT PROPERTY. DEFERRED AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH LOWE ART MUSEUM, UNIVERSITY OF MIAMI TO SUBCONTRACT THREE C.E.T.A. POSITIONS. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH DADE COUNTY NATIONAL FOUNDATION MARCH OF DIMES, SUB- CONTRACTING ONE C.E.T.A. POSITION. AUTHORIZE CITY MANAGER TO ENTER INTO COLLECTIVE BARGAIN ING AGREEMENT BETWEEN CITY OF MIAMI AND FRATERNAL ORDER OF POLICE. PROVIDING FOR SALE OF BEER AND WINE IN BICENTENNIAL AND BAYFRONT PARKS. PERMIT FISHING IN DESIGNATED AREAS OF BICENTENNIAL AND OTHER PARKS HAVING WATERFRONT AREAS. AMENDING SUB -SECTION 1 OF SUBSECTION 39-13.1 OF THE CITY CODE PROVIDING FOR INCREASE IN ANNUAL MEMBERSHIP GREEN FEES AT CITY GOLF COURSES. AMEND APPROPRIATIONS ORDINANCE TO INCLUDE ANTICIPATED REVENUES, FEES AND ADMISSIONS IN SPECIALIZED RECREAT- ION CLASSES. AMEND APPROPRIATIONS ORDINANCE -INCREASE REVENUES AND EXPENDITURES TO CONDUCT FAMILY CRISIS INTERVENTION COURSE BY MIAMI POLICE DEPARTMENT. ALTERNATIVE PENSION FUND. DOCKAGE FEES AND RULES AND REGULATIONS FOR USE OF UTILITIES, SET DATE FOR PUBLIC HEARING ON JANUARY 13, 1977 AT 2:00 P.M. APPROVE PAYMENT FOR REQUIRED PRELIMINARY ARCHEOLOGICAL AND STRUCTURAL INVESTIGATION AT DOWNTOWN CONVENTION CENTER SITE. CONSENT DECREE AS IT RELATES TO THE SANITATION DEPART. FUNDING OF DOWNTOWN CHRISTMAS DECORATIONS. ACCEPT PHASE II, DESIGN DEVELOPMENT OF GROVE GROUP FOR MODERNIZATION OF DINNER KEY AUDITORIUM. MISC.: OAS MEETING IN WASHINGTON, MAYOR TO ATTEND. DINNER KEY EXPOSITION HALL COMPLETION DATE. STATUS OF PROPOSED GROVE KEY MARINA RESTAURANT STATUS OF NEGOTIATIONS WITH MONTY TRAINER. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN CITY OF MIAMI AND ADVENTURERS YACHT AND SAIL- ING CLUB, INC. FOR RENT OF CANOES, SAILBOARS & RENTAL LESSONS AT DAVIP T. KENNEDY PARK. 41-43 44-45 R 76-1110 45-46 1.12 76-1111 47 R 76-1112 8599 8600 47-48 48-49 , 50 8601 50-51 8602 51 8603 52 FIRST READING FIRST READING 57-58 R 76-1113 59-61 DISCUSSION 61-64 M 76-1114 64-65 R 76-1115 64 DISCUSSION 66-68 _ R 76-1116 68-69 52-57 mow mal ITEM NO SUBJECT 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56, 57 58. 59. ,j 1N X MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA DENY AGREEMENT WITH UNIVERSITY OF MIAMI FOR USE OF THE ORANGE BOWL STADIUM. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT BETWEEN SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY FOR CITY OF MIAMI LAW DEPARTMENT. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY FOR UNDER- GROUND RACILITIES NOTIFICATION CENTER. ACCEPT COMPLETED WORK - CURTIS PARK BOAT RAMP - 1975. ACCEPT COMPLETED WORK - DOUGLAS PARK IMPROVEMENTS. ACCEPT COMPLETED WORK - ORANGE BOWL WATER MAIN. ACCEPT COMPLETED WORK - RIVERSIDE BAPTIST CHURCH BUILD- INGS DEMOLITION - 1976. ALLOCATE $3,000 MODIFICATION OF TWO GREASE TRAPS AT MIAMARINA, ETC. ALLOCATE $3,000 FOR CONSTRUCTION OF A RIP -RAP BULKHEAD AT S.W. 5 TH STREET. AUTHORIZE AN INCREASE OF THE SCOPE OF CONTRACT FOR THE BELCHER PROPERTY - PARK DEVELOPMENT. AUTHORIZE CITY MANAGER TO PERMIT DADE COUNTY TO OBTAIN 50,000 CUBIC YARDS OF FILL. PLAT ACCEPTANCE: COMET SUBDIVISION. PLAT ACCEPTANCE: ANNON SUBDIVISION. PLAT ACCEPTANCE: MORA TRACT. AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ACCEPT COVENANT - STUDIO SHOPPING CENTER, INC. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH THE LAWFIRM OF SEYFARTH, SHAW, FAIRWEATHER & GERALDSON ACCEPTING HIGHWAY RIGHT OF WAY DEED EXECUTED BY THE MUTUAL OF OMAHA INSURANCE COMPANY. URGE METRO TO EXPEDITE CONSTRUCTION OF THOSE STREETS IN THE CITY OF MIAMI INCLUDED IN THE DECADE OF PROGRES BOND ROAD PROGRAM. GRANT CERTAIN EXTENSIONS IN PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES DURING CHRISTMAS AND NEW YEAR HOLIDAYS. REAPPOINT COMMISSIONER ROSE GORDON AS CITY'S REPRE- SENTATIVE ON THE COMMUNITY ACTION ADMINISTERING BOARD AND APPOINT VICE -MAYOR GIBSON AS ALTERNATE MEMBER. dip, CONFIRM ELECTION OF ;DAMES COS & JOHN BERTZEL TO THE RETIREMENT SYSTEM BOARD. ry ORDINANCE OR RESOLUTION NO• PAGE NO, DENIED BY M 76-1117 R 76-1118 R 76-1119 R 76-1120 R 76-1121 R 76-1122 R 76-1123 R 76-1124 R 76-1125 R 76-1126 R 76-1127 R 76-1128 R 76-1129 R 76-1130 R 76-1131 R 76-1132 R 76-1133 R 76-1134 R 76-1135 R 76-1136 5-76 7 7 7 8-84 4-85 R 76-1137 87 ITEM NO, 1 SUBJECT 61. 62. 63, 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 80. 81. 82. 83. 85, INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA AUTHORIZE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AWARD FROM STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CHILD DAYCARE PROGRAM. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THE METROPOLITAN DADE COUNTY MANPOWER PLANNING CONSORTIUM FOR PUBLIC SERVICE AIDES. ESTABLISH GREEN FEES FOR UNIVERSITY OF MIAMI WOMEN'S INTERCOLLETIATE INVITATIONAL GOLF TOURNAMENT. PERSONAL APPEARANCE OF RON SILVER REGARDING EXPIRAT- ION OF HIS CONTRACT. GRANT CONDITIONAL WAIVER OF RENTAL FEE OF DINNER KEY AUDITORIUM -MUNICIPALITIES OF CUBA IN EXILE. ALLOCATE $650 FOR USE OF GUSMAN CULTURAL CENTER BY INTERNATIONAL REPERTORY CO. AND BALLET. DENY CERTAIN CLAIMS AND DIRECT CITY MANAGER TO DEFEND SUITS. CLAIM SETTLEMENT: ALEJANDRO RIZO. CLAIM SETTLEMENT: MORTON FROMBERG. CLAIM SETTLEMENT: OSCAR G. OSORIO. CLAIM SETTLEMENT: SUS BELSCHNER. AWARD BID: DOWNTOWN HANDICAP RAMP PR JECT. AWARD BID: FERTILIZER. AWARD BID: SAILBOATS AND SIX SPINNAKER SAILS. AWARD BID: 148 ASSORTED TREES FOR BAYFRONT PARK. ISSUE WASTE COLLECTION LICENSE TO JAMES SHEFFIELD. ISSUE WASTE COLLECTION LICENSE TO LA FE TRASH AND WASTE SERVICE. ORDINANCE OR RESOLUTION NO. PAGE N( R 76-1138 R 76-1139 R 76-1140 DISCUSSION R 76-1141 R 76-1142 R 76-1143 R 76-1144 R 76-1145 R 76-1146 R 76-1147 76-1148 .4111 76-1149 �► R 76-1150 ` 4 R 76-1151 R 76-1152 ISSUE WASTE COLLECTION LICENSE TO MILLO TRASH SERVICE. ISSUE WASTE COLLECTION LICENSE TO ALONSO BROTHERS TRASH SERVICE. ISSUE WASTE COLLECTION LICENSE TO WASTE DISPOSAL CORP. ISSUE WASTE COLLECTION LICENSE TO UNITED SANITATION SERVICES. GRANT CONDITIONAL WAIVER OF RENTAL FEE OF BAYFRONT PARK AUDITORIUM FOR ADMINISTRATION OF PHARMACIST LICENSE EXAMINATIONS. EXTEND AGREEMENT WITH NORA SWAN FOR ONE MONTH. 86, DEFERAL OF IMPLEMENTATION OF RECOMMENDATIONS FOR FLORIDA AVENUE-MATILDA STREET R 76-1154 R 76-1155 R 76-1156 R 76-1157 R 76-1158 R 76-1159 M 76-1161 DEFERRED 87 88 88 88-90 91 i91 i92 092 93 93 94 94 95 95 96 96 97 97 98 98 98 19 9 99-100 100 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 87. DISCUSSION OF SALARY INCREASE FOR MEMBERS OF THE CIVIL SERVICE BOARD; PAY BACK TO PENSION PLAN FROM PERSONS PREVIOUSLY DENIED PARTICIPATION. 88. REPORT BY COMMISSIONER GORDON, NEGOTIATIONS WITH A.N. PRITZKER - WATSON ISLAND DEVELOPMENT. 88(A). PAYBACK FOR PERSONS DENIED ADMISSION TO PENSION PLAN. 88(B). WATSON ISLAND REPORT. 89. SUPPORT LOCATION OF FEDERAL RESERVE BANK IN DOWNTOWN GOVERNMENT CENTER. 90. PROPOSED $40,000,000 DEVELOPMENT OF WATSON ISLAND, INSTRUCTIONS TO CITY MANAGER FOR NEGOTIATIONS WITH A. N. PRITZKER. 91. AUTHORIZING AND DIRECTING THE CITY MANAGER TO ARRANGE FOR TRANSPORTATION OF "MONUMENT DEDICATED TO THE MOTHERS." 92. ALLOCATE $6,000 FROM CONTINGENCY FUND FOR AN INCREASE IN MONTHLY SALSARY OF CIVIL SERVICE BOARD MEMBERS. 93. AUTHORIZE AND DIRECT CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UNIVERSITY OF CHICAGO INDUSTRIAL RELAT IONS CENTER FOR CONSULTANT SERVICES FOR ONE YEAR. 94. ACCEPT RECOMMENDATIONS OF CITY MANAGER REGARDING BUDGET REDUCTIONS. (76-77) CHANGE ZONING CLASSIFICATION OF LOTS 3 THROUGH 7, BLOCK 3, BAYSIDE PARK AMD, PARAGRAPH 2-40, 255 N.E. 20TH TERRACE FROM C-1 to C-4. 95. 96. 97. 98. DISMISSED EMPLOYEES PENSION RIGHTS. DISCUSSION DISCUSSION DISCUSSION DISCUSSION R 76-1162 M 76-1163 M 76-1164 R 76-1165 R 76-1166 R 76-1167 8604 EMERGENCY 8605 PERSONAL APPEARANCE OF MR. RICK SISSER, LEGISLATIVE LIAISON -DETERMINATION OF ORDER OF LEGISLATIVE PROPOSA)S.DISCUSSION LETTER FROM CESAR LA MONACA, CITY OF MIAMI BAND DIRECTOR. ADJOURNMENT. 100-101 101 101-102 102-104 104-105 106-114 114-115 115 115-116 116 116-117 117-118 118-119 DISCUSSION 119. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON_THE 16TH DAY OF DECEMBER, 1976, THE CITY COMMIS ION OF IAMtr -.QRDA MET AT IT REGULAR MEETING PLACE IN THE CITY ALL, 5 UU VAN AMERICAN DRIVE, MIAMI, MEETING IN REGULAR SESSION. THE MEETING AS CALLED TO ORDER AT 10:10 O'CLOCK A.M. BY MAYOR MAURICE A. ERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: Commia.a.Lonen Manao Reboso Commiaa.Lonen J. L. PQummen, J. Commiaa.Lonek (Rev. ) Theodore Gaeon Vice -Mayor Ro4e Gordon Mayon Maurice A. Fence ALSO PRESENT: Joseph R. Graa4.Le, City Manager R. L. Fo4moen, Aaa.L4tant City Manager George F. Knox, City A.ttokney Ra.e.ph G. Ongie, Cozy CZenlz Ma,tty H.Lnai, Aaaia.tant C.L.ty CQenfz AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY. 1. PERSONAL APPEARANCE OF MR. GENE NAPLES AND ASSISTANT FIRE CHIEF MEQUESTING COMMISSION`S SUPPORT FOR THE EXPANSION OF JACKSON EMORIALS BURN UNIT. Mr. Gene Naples: Mr. Mayor and members of the commission, I am Gene Naples, Pres- ident of the Miami Firefighters. We do have, some of the fellows have been released. Chief Brice is here and has an updated report as of this morning and I think it would be appropriate for Chief Brice to give you an updated report on it. Mayor Ferre: Thank you, Gene. Chief. Assistant Fire Chief H. W. Brice: I talked with the hospital this morning. We have Captain Powers who is another one of our personnel who was burned some months ago coordinating that effort and the up date report is that of the 13 firefighters that were sent to the hospital as a result of the fire on 24th Street and N.E. 2nd Avenue and we have released 8 of those people from the hospital. Six of those people are back on duty this morning, two of the ones released will be off for some time with cuts and bruises. The five remaining people in the hospital, fire- fighter Kickasola, firefighter Burr, firefighter Winchester, firefighter Bryar. and Lt. Mock are in the burn unit and will be there for some time. Lt. Mock anc fire- fighter Winchester are probably going to be transferred to a room out of the burn unit today meaning that their progress is very good. The remaining three people do have serious burns and do face a long time improving themselves with probably two years possibly in the case of firefighter Kickasola. He is our more seriously burned firefighter having burns over 50% of his body. Talking to the doctor yester- day they said that in light of the fact that he is a young man and a strong man that with no complications such as respritory or infection that he should be able to overcome this. But he is serious and they are listing him as stable at this time. If I may make one other comment regarding that fire, I would like to say something about two agencies that gave us a great deal of help. You know the .sire Department normally is in the position of providing service in an emergency. i)ur- ing this fire when this explosion occured the police officers on the scene tha came to the aid of the firefighters in the street, literally burning in some cd.ee$, manning fire hoses and assisting us, there is no way that we can thank them enough. - MN MMMW MMMW MEW MMME MEM MEW 1.11 MMW fia MIK mft mem k They cooperated fully, they pitched .:red in and becailt .. i,'. effoi'._ we're proud of. We have a good relationship with ;:he police and in a case like this the heroism that they displayed and the concern about our people was deeply appreciated. th addition to that I think that we should be aware that the emergency people at Jackson Memorial Hospital did an outstanding job. We had just been through the process of reviewing a protocol so that if this thing happened we would have a Method in order to handle it. We finalized that process a week ago before the inci- dent and things went flauless over there. Commissioner Plummer was there and I think he can vouch for that. They were received at 4:00 O'Clock in the morning and by 5:30 that morning all had been treated and that is something that most hospitals can't say if it was during the day. They are an outstanding group of people. We're very fortunate to have people such as Dr. Ward, in his absence by the way Dr. Auistini who is treating our people in the burn unit, a dedicated group of people t1.at thin community should be proud of and I would like to thank both those organizaticns. Mayor Ferre: Chief, I think it might be appropriate perhaps to have a certificate of appreciation here and bring them all here and do it in a nice way. Would you kind of coordinate that through the Manager's Office at whatever time you feel is appropriate. Mr. Plummer: Mr. Mayor, I was there from about 4:00 O'Clock at the hospitaluntil almost 9, I went straight to my office. Mr. Mayor, I have to tell you and the rest of the commission and the people here assembled that I have never seen people react to a crisis as the people of Jackson Hospital did during this time. These people were just nothing short of great. That emergency room every time I turned around they were bringing one, two or maybe three more firemen through those doors. They called in at that hour of the morning the entire Burn Unit. By the time we got the first man which was Kickasola up to the Burn Unit they had a full crew of nine peo- ple. They had moved all of the, that was unbelievable the way they coordinat:d it. I just couldn't believe it. Many many times we hear criticism of Jackson Hospita:.. and I guess sometimes it's merited and sometimes it's not. But I think, Mr. 'yiayc, your suggestion is very well and I must also compliment the men of the Fire D.par-- ment both on duty and off duty who came there to render whatever assistance, pick- ing up the families of these people affected. Chief Brice and Proli just did a tremendous job of coordinating the problems that were arising and I was tremendously proud of my department as I always am and also the Police Department who just kicked right in as if they were there to do the job and did the job and I was tremen3ously proud of everyone involved. Mayor Ferre: All right. Thank you, Mr. Plummer. Mr. Naples: If I may just have one word. Father Gibson asked what the commission, what the city could do to show some appreciation for what has happened and show some regard for the situation. I would ask that the city support the Miami Association of Firefighters in their efforts to put this Flame Free Conference that's in April. I had invited some of you to the press conference and some of you did snow up, tc announce that we were going to have this conference in April. We have been vitally concerned with the burn problem not for firefighters only but for the community. Jackson Memorial Hospital has an 8 bed unit. We have got a commitment from the County Commission to go up to 18 beds as soon as the new thing is put together there. So we would like your support in that effort. Mayor Ferre: Gene, I want to tell you, this is just a quick aside. As a mere er of the University of Miami Board of trustees and I serve on the Medical Committee there, I've been personally after that for the last three years and I think it's something that as you know we've got one of the best burn units in the country but it's just too small and it is a tremendous thing but we have to expand it and I think you'll find full support. Mr. Naples: Their load comes from Central and South America and from all over the country to this unit and it's only an 8 bed unit. Mrs. Gordon: You know, Gene, it strikes me as being a rather unusual circumstance that in a community that is commonly referred to by the Health Systems Agency as being over bedded, meaning more hospital beds than are particularly used that there isn't - 18 seems like an insignificant number to be held for that type of need. Why is it being limited to 18? Mr. Naples: Well, we're shooting for 25 really, Mrs. Gordon, but we got a cot',mi.t- ment for 18 when they move it to the new section and we will expand it as the need requires. We've committed ourselves financially and any other way that we can to help the county and the University of Miami School of Medicine who staffs that unit to do whatever is necessary. And the firefighters throughout the country are doing the very same thing and usually in private hospitals. We are concerned with ...t. DEC 16`916 Haw we do a big thing for muscular distrophy this year and i think thi.; is get:.inc to be something that's Much closet to the hearts of firefighters and we intend to do whatever we can to expand this unit. You'd be just absolutely amazed if you've Lever been through there. There's always a bunch of children in there that have been scalded and one thing or another and we do need to have,.. Mrs. Gordon: Is 18 going to be sufficient then or are you going to push for the 25? Mr. Naples: It will be 10 more than we've got now. Mrs. Gordon: Yes, I realize that. Thank you. Rev. Gibson: So that we could be sure, you said that for us to show t indicated to you what I thought we might be interested in doing and I want to make sure we understand what you want us to do. Mr. Naples: I think, Father, that everything is being done for those men that could possibly be done and we've got an excellent staff there. Dr. Ward, and we've been working with him and the thing that the Chief mentioned was the protocol that's been established in taking care of our people as they come in and it works beautifully. But we need support. We need support for expanding that unit. We've got to talk to members of the County Commission, the members of the Health Planning Council to support us in expanding that unit and to staff it properly. Rev. Gibson: Now you said something about in April, that's the thing. Mr. Naples: Yes, sir. The Miami Firefighters are having a national conference. The conference is a Flame Free Design Conference which will be held at the Four Ambassadors. Rev. Gibson: All right, he'll see to it. Mr. Naples: Thank you. 2. RECQGNITION OF LT. DON MARCH, NEWLY ELECTED PRESIDENT OF THE FRATERNAL ORDER OF POLICE, Mayor Ferre: At this time I would like to officially congratulate Lt. Don March who was elected by the Fraternal Order of Police to be its new President. I know he's here in the audience and Lieutenant, I'd like to congratulate you and wish you the very best luck in your tenure in office. Would you stand up? I'm sure most of the men and women recognize you and we want to thank you. 3. PERSONAL APPEARANCE OF Mk. RICK SISSER - LEGISLATIVE PRIORITIES. Mayor Ferre: I'd like to before we get started, Mr. Manager, on official business I asked Rick Sisser to stop by and I know we're already an hour behind. Perhaps you might have to do this later on in the day. But Rick, while you're here can you give us no more than a three or four minute summary of where you think we are and what we ought to be going for as a legislative--- Now the Manager gave all of us yesterday a list and you have also before you the Coordinating Council's 1976 Legis- lative Priorities. And we also were given yesterday, and you have possible legis- lative priorities that the staff came up with I would imagine- one is fiscal respon- sibility; the second one is the second one is the second gas tax return; three is double taxation; four is arbitration; five is eminent domain attorneys' fees; six is tax increment; seven is Interamerican Trade Fair; eight is status of Housing Authority; nine is Rapid Transit and ten is Government Employee Insurance. I know you can't do all of that in three minutes but why don't you give us an overview and then we'll take it up later in the day. Mr. Rick Sisser: I believe that since the majority of the legislature was down here from the week December 2 to 5 that we're going to have a much better opportun- ity of passing some of our legislation this year than we did in the past because they've had a first hand knowledge of the problems of the City of Miami and Dade County. The reason that I wanted to come a little bit earlier than I usually do is that if we're going to be asking for more funds from the state government, if we're going to be asking more things from the legislature the earliest that we can get these bills in the better our chances are and that's why I think that formulat- ing our legislative program in December is a much better idea now. Mayor Ferre: The trouble is that we're coming up on Christmas Holidays now and you have a meeting tomorrow, Mr. Grassie. I would certainly hope that we could spend a little time later on this evening going over it. And I just want to tell my fellow - 3 DEC 161976 ocMfttesionefs that before the end of the day I expect that we should have a work session on this. I personally feel very strong as I did last year that we've got to not go in for 20 things but go in for two or three things and really target theft and go in early like Rick Sisser has said. Because if we don't go in early We get lost in the shuffle in the end. At this time I also want to ask the Manager to prepare a special commendation for Captain Jim Reese and (Who are the other ones?) Mr. Sisser: Sgt. Charles Salerno. Mayor Ferre: Yes, Sgt. Salerno, Reese. Mr. Sisser: Gene Naples and the people in the firefighters unit that helped through- out the weekend and... Mayor Ferre: Well, you bring us the list of the people because t think we really should make special recognition of those who really did an exceptionally fine job in helping us. Tony Fontana, wasn't he involved also? Ok. Anything else from Rick Sisser before we go on? Mr. Sisser: Do you want me to come back this evening, Mayor? Mayor Ferre: I would think so. What time would be appropriate, Mr. Manager? Mr. Grassie: Well really, Mr. Mayor, that's going to depend on our discussion of the regular business items of the city and when we can get done with them, Maybe 5 O'Clock or so. Mayor Ferre: Alright, thank you very much. FLORIDA AVENUE - MATILDA STREET STUDY, Mr. Vince Grimm: Mr. Mayor and members of the commission and people in the audience, about a year avo the commission listened to a presentation by Mr. haws and repre- sentatives of the school as to what should be done around the school area and partic- ularly with the barricading of Matilda Street. And as a consequence of that meeting the commission directed that the staff prepare a report as to what we feel would be the best for this area. What you see on this particular map are the existing con- ditions. The areas that Mayor Ferre: Mr. Grimm, excuse me. Have the residents and the people who are inter- ested in this had the opportunity to see this before? Mr. Grimm: No, sir. This is a discussion item for the commission and this is the e first presentation. Only one member of the audience, Mrs. Bettner, I discussed this with her some time over the phone but the rest no. There has not been a pres- entation. Mayor Ferre: All right. Mr. Grimm, since I see there are about a half a dozen people interested in this could you put that thing on the stand over here where the commission and the public can see it and then you could talk from that microphone there and let everybody have a chance to read it and look at it. Mr. Grimm: I think that everyone in the area is familiar with it so I don't need to go over that. What you see in color are the existing conditions. Presently, during school hours Matilda Street is barricaded in this area here. Cars are parked where you see the pink; Private parking is this area that's outlined in the black; Restricted parking is in green; metered parking is in orange and no parking is in yellow. Now what we're proposing is to allow the continuation of barricades but restrict the placement to within 100' of this intersection. So the barricades would still be here. Request that the Department of Transporation modify park:..ng; to have the closure of Matilda Street between Florida and Oak during school hours; removal of no parking signs along the north side of the school at Oak; place "No Angle Parking" signs at the southwest corner of Matilda and Florida and along the south side of the park; adopt by commission resolution requesting that the Boerd �f Instruction provide parking on the school property; plant large shade trees or, the_ school property, provide additional school equipment on the school property; cirect school personnel to park in these designated areas and direct our Police Department to enforce these regulations. And what we intend to do to improve or upgrade the environmental conditions is to strictly enforce the hours that the park remains open = that's from 7 A.M. to 10 - relocate the children's.play equipment which is now in here closer to the Matilda Street; improve existing storm drainage and under- take a study to ascertain how to alleviate the persistent crime problem. 4 DEC 16196 keV, dibson: Mr. Grimm and members of the commission, some maybe two yeat3 ac• c:: thereabouts I was instrumental in getting the commission to adopt the policy tat We would do nothing around schools unless we invited the administration, and that (leant somebody other than the principal along with the principal and notify the P.T.A, people. Now if what I just heard is what took place t wonder if that was done. Mr. Grimm: No, sir, I think our approach here was because of the commission gave, was to come back to you with our recommendations and then take your guidance as to how you wanted us to move, whether you wanted us to hold a public hearing in front of the Planning Advisory Board, whether you wanted us to hold a local meeting with people in the area in the school and we were looking to you for that direction. 1eV. Gibson: All right. I'll address that after --- Mr. Grimm: No, Mr. Mayor, I think that finishes it. Mayor Ferre: All right. Are there any members of the public here that would like to address the commission on this subject? All right, we'll listen to you and then to Mrs. Bettner. Ms. Janet Mc Aliley: Thank you Mayor Ferre, I'm Janet Mc Aliley, 2025 Secoffee Street and I'm here representing the Coconut Grove Elementary School P.T.A. We only heard about this accidentally. Someone else who had the City Commission Agenda made a phone call to our principal, Mrs. Good on Tuesday and that's how we knew that there would be any discussion on this at all today. Mayor Ferre: All right, Mrs. Mc Aliley, let me interrupt you at this point and ask Mr. Grimm. Vince, you know once in a while we get into trouble because we do things without properly notifying those interested parties. So I think here's a case in point. What procedures do we actually have to assure that we get... Mr. Plummer: Mr. Mayor, excuse me for interrupting but I think Mr. Grimm is mak- ing a very fine point and that is that it's being shown to us this morning, if we don't like it why involve the public, let's just kill it right here. If we lice it then let's schedule a public hearing and let everybody have their say. Mayor Ferre: All right. So in other words... Mr. Plummer: I feel it is good procedure. Mayor Ferre: I guess, Mrs. Mc Aliley, what is being said is that this final thing here. Mr. Plummer: Just a discussion. Mayor Ferre: In other words if the commission doesn't agree with it why really go out and bother anybody in the public on it. The answer to that is that the commission may not like it but the public might like it and they have a right to express an opinion. Mrs. Mc Aliley: Excuse me, Mayor Ferre, we didn't know what you all would be doing with this. You have it on the agenda twice once as #1 and once as 81. So natur- ally we felt that we should be here to provide to you our points of view on the situation because we weren't exactly sure what was going to happen today. Mayor Ferre: Well, I'm sure you've had enough experience with the City of Miami Commission to know that especially in Coconut Grove it is not easy to do anything and that it doesn't happen with just one feld swoop but usually is a long drawn out public debated process and as long as Rose Gordon, Theodore Gibson, Manolo Reboso and J. L. Plummer and yours truly are sitting here you're never going to have anything that's going to happen without a lot of public exposure. It hasn't happened that I know of in the 7 years that I've served in the City of Miami. Mrs. Mc Aliley: We'11 certainly appreciate the opportunity to participate in that discussion of the proposal. Mayor Ferre: All right, thank you Mrs. Mc Aliley. Mrs. Bettner. Mrs. Elizabeth Bettner: You talk about being notified, I've seen here with the article it said here in April 7th, 1976, "The residents of Florida Avenue presented a petition to the City of Miami requesting their street be closed to vehicular and pedestrian traffic." That goes all in with this program, 1 didn't even know 5 DEC i 61976_ r a thing about it until this week. :Sr. u:r:it; a copy of a petition he had drawn up but he never said that he had presented it to the City Cortttnission. This is all news to me. I didn't happen to know about this heating either today Until one of the people who lived in out organization called me up and said, :it SAW it on the agenda." Now it seeis to me this is a public street... Mayor Ferre: Mrs. Bettner, this is not a public hearing. Mrs. Bettner: No, I know it's not but I.... Mr, Plummer: This is the Committee of the Whole. That's the whole purpose of having this new format, is a Committee of the Whole where we, the commission can discuss these things. If we like it then we proceed from that point. Mrs. bettner, if you look at the agenda, Mr. Grassie, the one thing he's been able to accomplish since he's come here - the one thing, I'll give you credit for that one - is the fact that we have in the mornings this Committee of the Whole in which the Commis- sion can sit down, we've never done it in the past, discuss these different items then if we want to pursue them either into a public hearing or pursue them into an ordinance we can. We've never had the opportunity because public hearings so many times as you are well aware turn into screaming matches and the commission never really has the opportunity to sit down and discuss with staff the real meat cf the problem. That's what this is. Mrs. Bettner: But don't you think, Mr. Plummer, also that the people who are in- volved... Mayor Ferre: Absolutely! But, don't we ever have an opportunity to talk amongst ourselves without having everybody trying to tell us what to do? Mrs. Bettner: That's true but I think there should be two sides to every question. I think that we should be able to present our side... Mayor Ferre: No, you don't understand. Mrs. Bettner: I understand what you mean, it should be a public hearing. Mayor Ferre: No, no, you don't understand. Mrs. Bettner: I know it isn't. Mayor Ferre: Now there will be a public hearing. This is not a public hearing. Mrs. Bettner: This is a hearing that the people of the area should be able to present a little bit of their problem. Mayor Ferre: No, ma'am, that's not what this is. This is strictly a working session between five members of this commission with our staff. Now, since we do have sunshine laws - five years ago this meeting would have been held without your even knowing about it. Ok? Now we have to let you know that we're meeting and we're going to meet openly and publicly but this is us. Mrs. Bettner: May I ask, Mayor, if we can't have a public hearing may I request a public hearing. Mayor Ferre: You will have a public hearing. Mrs. Bettner: Because this is a public street, a public park and a public school Mayor Ferre: Mrs. Bettner, for the 5th time - you will have a public hearing. Mrs. Bettner: But will we be notified? Mayor Ferre: You will be notified. Mrs. Bettne, you will have ample opportunity to express your opinion and so will everybody else in the neighborhood. Ok? Mrs, Bettner: Good. Because I don't think it's fair for one man to come down here and say he wants the street closed when there's thousands of people involved in this. Mayor Ferre; That's not going to happen, Mrs. Bettner. Has it ever happpeneci po you know that it's happened in the last four or five years? Mrs. pettner; Well, not in the last four or five years but I had it happen to me in 1953 and maybe it just rankles from all that time. Mr. Phil liner: None of us were here. Mrs. Bettnert I know you weren't but I've bdeh here a ibtq time* protlise us a public hearing and notifications? Mayor Ferre: Promise, and cross My heart. And Mr. Grassie, you'd better make Sure. Rev. Gibson: Mr. Mayor, I want to say this for the benefit of all of us that I 'would hope whatever we do at that school or whatever we recommend or whatever we try to arrive at that school that all of us keep in mind that that school deserves a very special attention. There are some ingredients at that school that we could well be proud of and that we need to cultivate and I would hope by no means under any circumstance that we would thwart what they're doing there at that school even though I know there are one or two people who would like to see some of these things done. And really that's why we have Mr. Grimm having worked out some of these things hopefully that some needs would be met. But I say that out of very serious concern for that school. And Mr. Grimm, if you'll see me privately I'll tell you. Mr. Plummer: All right. So Mr. Grimm, these are your recommendations. You think this is a workable project and I'm assuming what you're looking to this commission is to set a date for a public hearing. Mr. Grimm: Either set it as a public hearing before the commission or before the Planning Advisory Board or direct us as staff. Mr. Plummer: Is it necessary to go before the Planning Board? Mr. Grimm: No. Mr. Plummer: I would suggest we set a date for a public hearing on the thing. Mr. Grimm: Would you possibly like the staff to meet with the people ahead of time and see if we can...? Mr. Plummer: I think it would be great. Mr. Grimm: I think that way we can handle it like we do our highway districts and maybe convince them that what we're doing is really what they want anyway. Mr. Plummer: We always love to hear people come in and say, "You've got a great idea, go with it." How about January, Mr. Grassie? Mr. Grassie: We can do it in the first two weeks of January, Commissioner. Mr. Plummer: Do you want to set a date definitely so the people can know? Mr. Grassie: I think we probably ought to talk with the neighborhood P.T.A. and people in the neighborhood and try and see whether they have any conflict but cer- tainly... Mr. Plummer: The first meeting in January? Mr. Grimm: No, sir, we'd be independent of that. Mr. Grassie: No, we would do it before your meeting which is the 13th. Mr. Plummer: No, I'm talking about the public hearing before this commission.' Mr. Grassie: Well, let's find out whether the neighborhood is in agreement or whether they want two or three sessions. Mr. Plummer: Then you don't need any action from this commission. Mr. Grassie: Only unless you have some strong disagreement with what is proposed. If you do not disagree strongly then we will go to the neighborhood and get their sentiments about this. Mr, Plummer: Fine. Mayor Ferre: Is there anything else to be discussed on Item #1 between staff and the commission? Any questions? Any comments about it? All right, I'll tell yo1;, Father Gibson recommends, and I know this is breaking precedent on this, but you know the fact is that we have neighborhood people that have taken the interest to come here. Suppose we allow 10 minutes of discussion? This is not a public hearing, P7 DEC100976 YOU Underttand that? I know you want to express your opinion, Mrs. Bettner, So I ill give you 5 Minutes. And Mrs, Mc Alily, would you like to express your opinion too this Horning? Well, I think it might be advisable so that staff will hear what the input is from the community. Mt. Plummer: Maurice, I'm not trying to put it down but you were detained in your thinking when Vince Grimm announced he is definitely going to have a meeting With the people at the school. Mayor Ferre: J. L., I know but you see we've got two people that may shed some light on here and I think it might behoove - I'm only talking about 10 minutes. We have to keep it to that because we're already an hour behind our schedule. So Mrs. Bettner, you have 5 minutes and then 5 minutes for Mrs. Mc Aliley. Mrs. Bettner: I think that some of the parking situation might be very good that Mr. Grimm had but as far as moving the playground equipment, the park has been set up as parks for people, not only school children use the park but other people all over the neighborhood. There has been a complaint about the lights, the noise, the tennis courts and all this sort of thing only by one man on the street. The petition was signed by the 15 people so he says but I never signed it, four other people, Joe Harris and Chip Black and those have never been even notified and they don't even know about this until I talked to them this week. So I feel that we'd like the park as it is. It's for the children, it's for the people. Tuesday night I watched them have a P.T.A. meeting up at the school there. The cars went up with parents, they went up with the children on bicycles, :parents walked with them and it looked like a little village street and it was safe for them to co. They talking about closing our street off to get the traffic off our street - we don't want the traffic off our street, it is for people and it's a village street and we want it kept that way. The playground equipment in the school, I was P.T.A.lf President, I had three children go to that school. I think that the playground equipment moved on that school yard would be wrong. There's not enough space for it and there's not enough space for parking for the people over there. The park- ing can be. There is parking spaces on our street. Sure we have a tennis court, the people love that tennis court and there is room for everybody. The traffic that's, the cars parked on our street are from the people from the houses on the street. They have two and three cars but that is no problem and it's our own per- sonal problem. I don't think this involves the city at all I think it's up to us to work that out because you can't stop people from parking their car in front of their houses. And as far as the school yard, these kids have been using that school yard; I've been there 39 years on that street and saw the kids there. I'd hate to think that they'd take the entrance away from the kids and the people going up there. I've watched the kids after school going up there to play tennis and I'm proud to think we've got a tennis court up there the children can go to and.I hope you just leave it as it is. Thank you. Of Mrs. Mc Aliley: We're certainly proud to be down the street from Mrs. Bettner who appreciates what a good public school can mean to the community. We think that it is a real asset to the City of Miami, and as Father Gibson said, we should do everything to cultivate the strength of that school. Most of what Mr. Grimm is recommending the P.T.A. can find acceptable. The proposal to move the barricades to within 100' of the Matilda/Florida Avenue intersection are acceptable to us pro- viding that this is not done until the signs mentioned in the resolution are es- tablished and are prominent signs. We would like to ask to have a police officer monitoring the Oak and Matilda intersection for the first two weeks that these changes would be brought about because many people will not be used to it even though the signs are there. As far as removing the "No Parking Signs" from Oak Avenue this is also acceptable to us if the parking would be prohibited close to the Matilda/Oak intersection. That is a marked crosswalk there. We have Students Safety Patrol Officers who stand there to help the children to get across the inter- section and we're concerned that if cars are parked right up to the intersection a student patrol would not be seen perhaps if the cars were right up to where the person was standing. So we would like to have parking prohibited close to tha intersection. The angle parking recommendations, the prohibition to it, we feel that angle parking could be used there with cement blocks. They could be placed at such an angle to get the cars off the street and to utilize all the parking space but it could be done in a much more orderly way that it is now being done. The school is a training center for students from four universities. We also have a number of volunteers that work in the school and they do have to have a place to park their cars so we feel that with cement blocks placed at an appropriate angle all of that area around the park could be used for parking and angle parking would afford the best use of the area. The part of the recommendation that we do home a problem with is your recoMmendations to the Dade County School Board. The recom- mendation to provide additional off-street parking on the school grounds is really 8 DECUE1976 not feasible. We have an undersized school acreage facility right now. It: hot meet state standards for school site size. We are getting a portable buiiuin.. that will be placed on the school grounds very soon which will take up additional space but we need it for classrooms. So we have little space to be used oh the school ground for additional off-street parking. Also, I'm sure that all of you who read the newspapers know that the Dade County School Board is very hard up for funds and the capital improvements fund has had to be cut drastically in order to take ends meet in the current budget year. The two suggestions under Section 3, (b) and (c) are really unacceptable to the Coconut Grove P.T.A. You're asking the school board to plant large shade trees in the school play area and to provide addit- ional play equipment for school use on the school property. For what purpose would this be accept to discourage the school children't use of the park? They were Parks for People, we all agreed it included little people. That was last year when we were down here on this issue and we feel that there should be no attempt at all to discourage the students use of the park. As far as Item (d) under 3, we feel that if everyone is prohibited from parking in front of the homes along Florida Avenue everyone should be but school personnel should not be singled out especially to not park in those areas. We certainly expect all the people connected with the school to obey all those laws and regulations of the City of Miami. Mayor Ferre: Thank you. Does anybody else want to speak on this item? If not, thank you very much. Ladies and gentlemen, we're now on Item #6. PERSONL APPEARP+CE: ATTORNEY JESSE MCCREARY AND REPRESENTATIVES OF MIAf II POLICE 1PAR11VT AFFECTED BY ELIMINATION OF POLICE INVESTIGATOR CLASSIFICATION, Mayor Ferre: Presentation by Otis Davis in reference to the F.O.P. contract negot- iations. Mr. Davis. Mr. Otis Davis: To the Mayor and the commissioners, I would like to thank you for giving us this opportunity to speak to you in reference to a very dear matter which has affected lives of all the persons you see here before you today. Our pol:.ce investigator thing has been taken away from us and we would like to reinstate it to us. We thought it would be unfair to ask you to vote on this issue before giv- ing you some data as to what our positions and what we do with the City of Miami. Our presentation should take approximately 20-25 minutes. We have with us Attorney Jessie Mc Creary who will tell you how police investigator pay began and other legal aspects of the police investigator pay. We have with us Detective Jimmy Beale who will give you a description of the job that we do. We also have with us Lt. Cosgrove who is commanding officer who will give you an overall view of what the Police Investigator role is. After the presentation if you have any comments or any quest- ions you'd like to ask of us we'd be glad to respond to them. Thank you. Mr. Jessie Mc Creary: Mayor Ferre and members of the commission, Mr. Manager, my name is Jessie Mc Creary and I represent some 63-65 officers who have been affected by the proposed contract that F.O.P. has signed with the city. First, let me point out that they are in the audience or a number of those gentlemen and ladies who have taken their own time off to come here because they have some concern. The time that they've taken off is time that they could be working. And just so that the commis- sion can see I would like for those gentlemen and those ladies who are here con- cerned about this P.I. matter to stand. Thank you. Mr. Plummer: I want you to remember, Mr. Mayor, they're all armed. Mr. Mc Creary: We just want you to remember that these are the men who protect this city, Mr. Plummer. First, let me get into why P.I. pay started. The city some time ago in recognition of some inequities that had occured within the City of Miami de- cided with an agreement with the former City Manager, Mr. Mel Reese decided to pro- mote if you please nine black officers to a position of Police Investigator. This was done and we are not making any qualms about the past because the kind of lnequit- ies that occured at the time had to be corrected and the city justly tried to cor- rect them. What the city did was say, "You nine black officers, we are going to promote you to a position of Police Investigator", which is somewhere between a ser- geant and being a regular patrol officer. After the city did this we subsequently found out that these gentlemen performing those tasks were doing a good job ar.d that we could effectively move other persons into those positions and this is what the city did. At the same time we gave to the Felice Investigator the same kinds of responsibilities that we gave to sergeants. Now the problem is today, the rumc.r is that these 65 gentlemen and ladies will not receive that 10% pay and the reason is it was bargained away. But what is occuring here today may be an absolute first in the history of management of any organization. (1) I think it is a pretty basic theory that commensurate with responsibility goes some financial reward. If 9 DEC 16`976 that were not so it, would be every logical that we ,.ueet te pay u capt;i:• r. is the Police Department the same thing we pay a lieutenant but certainly we do not. What We do today if you decide not to pay these gentlemen the 10% quota is that you effectively taking 9% of the Police Department, giving a raise but effectively tak- ing away 115%. Well, let's look at it this way, Mr. Mayor. What we reall do is, that's 10% now. So if you give then the raise you are teally taking 9% of your Police Department and tell them we're going to reduce your salary by 11/2-2%. Now those of you on the commission who are in management and big firms and have people Working for you, nowhere in existence would you reduce 9% and keep that person with the same responsibility. And that's what you're effectively doing. Now this com- mission, you know the thing that bothers me is somebody is going to ask me event- ually, "Well, Mc Creary, is it legal?" I suppose it is legal but I've also reare members on this commission say, "My religious part of me would ask is it morel?" The question I ask today is is it right? And that's the question every commissioner has to ask himself. These men deserve the pay because they are doing the duties. the P.I. people that you have here have the same kinds of responsibility that you give to sergeants. You allow them to sign affadavits. Now they're going to be some people to get up here and argue against the P.I. pay and say, "Well, we negot- iated it out and that was the best deal that the city had to offer." The question is did the city act in good faith taking away money from people who've got tc care for families who've come to recognize that this is their standard of living? Once again the question is not is it legal, not is it moral - is it right. And Mr. Plummer, you know so many times your question to people when they come here is, "Is it right for this city to do X or this city to do Y"; and no pun intended by pointing to Mr. Plummer, I just recall him saying that a number of times and I'm impressed with that. My concern today is you created a position. The city can very well freeze those positions if it wants to. You've done it before. If you choose at this point to say, "Well, Mc Creary, this is the very end. We're not go- ing any further with the P.1. thing or whoever. Let the Manager order the Chief or whoever the other people are - no more P.I.'s". But don't take 9% of this depart- ment and do that. Let's make it another contract that the city signs. When the Fire Department people came they are still getting their 10% I believe if my re- search is correct, that they have people in arson, fire inspectors, rescue squad still with that 10%. But what we've done now is that we have taken all of this away. I also think it is important that we recognize that this city during these times does not need a polarized Police Department. We don't need it in any fashjon. We have enough problems in this city with polarization and I'm happy to report that the P.I. pay cuts across all lines, all ethnic lines, all religious lines. So it is not because it was started with blacks, it does not deal with blacks. I am not here on behalf of blacks. I am here, as I told this commission before, because I want to see this Police Department be #1. I am concerned about 65 people who are human beings who serve this city day in and day out. Now the answer is each indi- vidual commissioner has to search himself and herself to determine whether or not we are to the point where we want to be right in what we do or whether we want to make it legal and nice. The question I'm told may amount to $100,000, Mr. Manager. I don't know, we've got that money somewhere we find it for everything else. We find it for a number of miscellaneous kinds of things that don't really affect people. Now the total affect of this may be that you're going to leave 65 people out of here with very hostile feelings and not with a true commitment to this city. And I don't think that any of them want that because if they were not concerned they would not be here on their own time. And each person here, not one of you would be willing to take that kind of cut. Now whoever negotiated for them, no pun intended and I know some of them, did not negotiate with these people in mind and the greater good may not be done by reducing them. I assure you that there will be a morale problem. I assure you that if we do not do something for them we ultimately, as I always say to this commission, let's don't create a monster today that we're going to have to live with in the future and the future and the future. I can't say anything else except I wish that the Mayor, Mr. Reboso, Mr. Plummer, Vice -Mayor Gibson and Commissioner Gordon all of you would look at this as affect- ing the lives of people. (2) We are not reducing the responsibilities of these people. If you are going to reduce their responsibilities then maybe justifiably you ought to reduce their pay but you expect from these men the same competence and efficiency tomorrow with that reduction in pay as you have gotten from them over the number of years that they've served on this force. It is a basic _?r.nci ple of management I believe that with the responsibility goes the salary. Ce:-tasly you aren't going to do this: You aren't going to pay these gentlemen what you pay the chief and that's correct because the chief has a greater responsibility. There- fore, if that follows, if that is logical you should not reduce their pay when they have a greater responsibility than many others. I don't know if I can say anymore, 1 do ask you in good faith not in the sense that it was negotiated is it right to do it. And I know you can easily hang your hat and say, "Your negotiators or thesr negotiators agreed to it," and that this is a minority group, .t is a small segment. It is not a small segment. Nine percent of your Police Department is affectec. by this. I would respectfully ask each of you that you would reconsider whatever the 1_0 DEC 1618/b negotiations are, add an adendum to the contract and let these men receive th„1 same 10% that they're doing so they can continue to give that service. Yes, sirs ReV► Gibson: I wish I had a document that I had seen. I have problems dealing With morality. I saw a document which said that these jobs will be redtagged as long as these number of men were there and when these number of men no longer exist or don't work for the city these jobs or this classification will cease and desist. I know you know that language - cease and desist. Mr. Mc Creary: Father, I think you have reference to a document signed by Mt. Mel Reese on May 5, 1967. In paragraph 2 he states, "The working title of 'Police Investigator' shall be redtagged which means that when it becomes vacant the work- ing title will be abolished." That's the document. However, as a practical matter the City didn't do that and here's what I'm saying. If the city administration had followed its own dictate we wouldn't have the problem of police investigator now. These men did not create that problem. The problem of the Police Investigator was created by some administration by allowing it to happen. The men who are here and the somen who are here are simply here because they were put into positions that they had no choice about the creation of the slot. Now if the administrat- ion under whoever it was, Mr. Reese, Andrews, whoever it was had stuck to that document the city would not have this crisis today because there would have been only one or two. Rev. Gibson: Let me ask you Jessie, how many of those people were in that number at the time? Mr. Mc Creary: At this particular time on May 5th, '67? There were 9 persons involved. Rev. Gibson: Ok, fine. How many of them here live or work for the city? Mr. Mc Creary: Presently? Of that nine, Father, there are two persons who work for the city. Rev. Gibson: All right. Now, what puts me in a predicament, you were trying to eradicate that special class. You know, I just as well say this so everybody could hear it. When it isconvenient everybody gets to be a minority. You know? And my brotheren, you're talking to a guy who understands that and there's only one minority in this country - one. And you know who that is? Black like me. Right! If I were...., my brother Fannato. You see, he could easily escape. You remember he comes in and tells us, Mr. Mayor, about that minority business? You remember what he said? You remember that? Ernie Fannato. Ernie was here this morning. The point I make is see I have some difficulty in interpreting yet hear what you're saying. When are we going to get rid of that special class? Mr. Mc Creary: Father, let me tell you the problem; let's look at it historically. If the administration had followed what they said they were going to do we would not have the problem today. Not one person in this room is responsible for the creation or the perpetuation of the Police Investigator - riot one person in this room who is a police officer. Harry Truman says the buck stops here. Now if the commission and the Manager wants to say now we are finally going to cut the title of Police Investigator and when these officers leave the department there shall be no more, order the Chief don't promote anybody Police Investigator. Don't punish these people. And I understand the minority problem but the problem w..th the administration, the administration allowed it to continue. They we are going to blame the persons who have reaped the benefit for it because the administration made an error. The administration make plenty of errors in this city. We know that. And every time I come here I plead please do what's right. That's all I'm saying. They are not responsible for it. If we can go back to the man who sat in the big chair, you know go back to him and say, "Why did you let this problem exist and now you you have us in a box." All I'm saying is the fault has to lie somewhere. It is unfortunate that all you fine people are the ones that have to catch it now but somebody just goofed. Rev. Gibson: Let me ask you: What would happen if we said that today? Mr. Mc Creary: You know what would happen, Father? This commission has the, believe I'm not a City Attorney I don't know all these things... Rev, Gibson; But you are an attorney. Mr, Mc Creary: Yes, sir. I'm licensed to practice. I believe that this commis- sion could direct the Manager or suggest to the Manager if you please (1) that these gentlemen and ladies be paid. (2) If we want to avoid the problem in the 1.1 DEC 16.1976 future we could also direct that when these P.I. spat:: -re over Lhat'., it. hnd t'M hot throwing that out as a suggestion, I'm saying there are alternatives. tit t don't want to see you take away these people's Money when they're giving You everything that you tell them they're responsible for doing. Now it's riot their fault, Father, and I know what your problem is ,‘"Why wasn't the police 1iivestigator title stopped?". I don't know, Father. I've wondered too. kev. Gibson: Well maybe, Mr. Manager, so that I could clear up my morality ',rob= leM find out for us from the Chief why wasn't it stopped. Mr. Grassie: We can certainly do that, Commissioner. Mr. Mc Creary: Well now Father, let me pose this. If the Manager is going to find out why wasn't it stopped does that suggest that it may be on the comMiL- Sthn's conscience that it is not going to cut out the pay? Rev. Gibson: Well, now either you want me to find out why it wasn't stopped.or you want me to make the judgement without having conscience. Mr. Mc Creary: Well that's fine so as long as we're not making a decision today. Rev. Gibson: Ah-h, see that's just the point I want to make. So if you want me to make--- You know. I just feel that the time has come that all of us in this city needs to face up to some real cold responsibility. Mr. Plummer: Father, let me use a parallel. Even though it's maybe not a pop- ular situation I've been an advocate for 3 to 4 years presently that the Pension System and the problems they're in that I feel that the answer of the situation with pension is to stop it, not to take away from those who have it but from getting new employees henceforth hired by the city would be put into the state plan. And I think that's exactly what Jessie is advocating of the P.I., that these men not suffer for sitting there as they have but any new man, either abolish the P.I. position or the new men that are hired P.Z. would go there with the understanding of a lower salary. This situation occured and I remember with the position of inspector. And until Gunn retired we had one inspector and that position was abolished. It was a go-between position. I think that's exactly what Jessie is advocating today. Mr. Mc Creary: Mr. Plummer, you understand me very clearly, sir. Mr. Plummer: That hurts me, Jessie. Mr. Mc Creary: But I voted for you. Mr. Plummer: Only so you can say hello. Mr. Grassie: Mr. Mayor, if you would like a response I've just talked with Chief Garland Watkins who, of course, was not chief at the time that these positions were being taken. But as you can suspect, the answer is that one wrong decision tends to lead to another. Basically what you're being asked to do today is to make a 3rd wrong decision. Now what happened historically was first the city, in fact, was probably guilty of discriminatory practices, regards black police officers. Black Police Officers took this case to court, they lost their case twice including on appeal. Having lost it the city determined that it would do something for those black police officers in spite of the fact that they had lost their case and they did that. But they did it in such a way that they ex- posed the city to the logical argument that if you have now done it voluntarily for black police officers you cannot deny this same treatment to white police officers who are doing the same kind of work. So based on having done it, not that they did the wrong impact, but they did it the wrong way to begin with they were forced to do the wrong thing as far as the white police officers were con- cerned and they simply perpetuated the problem. Now you're being asked to con- tinue that. Rev. Gibson: Let me ask another question. As a substitute for that wrong or as a part of that wrong actually somewhere in my mind or I perceive that you had a classification for white officers that did a similar thing. What was that class- ification? See what I'm trying to point out to the commission that I didn't see, that the white officers had two bites at the pie. You see, and that's what the Manager just got through saying. What was that other one, what was the white classification? Mr, Plummer: One was 4 patrolman and the other one WaS 44 fice , 12 DEC 161916 Mt. Grassie: You May be asking soi[tething that I can't answer, Commissioner: Chief, do we have a classification which applied to white officers which was equivalent in pay to the P.I. pay? I cant answer that, cottthtissioner. INAUDIBLE Mr. Plummer: Garland, don't you also have it l believe in the Motorcycle Divis" ion there is an incentive paid there, hazardous duty? Well, ok. I hate to say a hazard is an incentive but there is an additional payment. Mr. Grassie: Is that what you were saying, commissioner? Mr. Mc Creary: Father, if I could respond to your question I think that historic, - ally at one time this did not only apply to blacks it applied to women too that white officers were officers, black men, women were patrolmen; women were police something but they were not police officers. Ok? I think that's what you have reference to. There was a difference in classification. Let me address myself to what the Manager said. The Manager just said something that is so ultra -import- ant to this city: If the white officers said to another administration, "You have done it for blacks and you cannot discriminate against me" they were absolute- ly right. And the position is whatever this city does it cannot discriminate against any one of its citizens. And that's what I'm getting to today. Rev. Gibson: But Jessie, the dilemna we found ourselves in then was that certain- ly we can't right all the wrongs of the past, and what the then commission did I'm sure was to reach a compromise. That's what it did. Now if anybody understands that business of the past I think I ought to. And I think I do. I think that we, this commission, ought to take the position, a very hard nosed fashion and say the Police Department right now and everybody else, we're going to have one standard and plus along with having one standard you got a responsibility of taking the hand of that brother and getting him in that system. You remember my saying that to you. You know, otherwise we're going to continue to have this kind of thing. And it is increditable that you started off trying to help and to compensate nine people and now that nine, all but two of the nine are gone and you have sixty-five. Next year we'll have a hundred at that rate. That's all I'm saying. Mr. Mc Creary: But Father, let me say this again. The people who are here were not responsible. It was a problem of administration. They didn't walk in and say, "I'm a Police Investigator," they worked to earn that slot. And what I hear from this commission now is that because they worked to earn a slot we are now going to take it away and we are going to punish you for being excellent. Rev. Gibson: Ok, let me ask one other question and I'm going to hush my mouth. Mr. Grassie, you ask Chief Watkins this for me. If you didn't pay these men to do that special work they do who would do it? Mr. Mc Creary: Sergeants. Rev. Gibson: Jessie... Mr. Mc Creary: I'm sorry, Father. Rev. Gibson: You see, I want to make sure and hear the administrator say that. Ask him who would do the work. Mr. Grassie: Commissioner, I'll ask that and I'll also ask him to comment on one related thing and that is whether or not there is now in the Department some 25 people who are, in fact, doing this type of work and aren't getting this pay. Rev. Gibson: Well, Mr. Grassie, I think you have by doing that answered the quest- ion I was trying to really get to. The point I'm making is that--- Well. Mayor Ferre: Mr. Grassie or Chief, do you want to add --- Chief Garland Watkins: This, as you very well can see, is a very difficult quest- ion to answer for me. For anyone to have a pay or a title or whatever once it is established it becomes very difficult to deal with. But I think in order to answer completely what I believe Father Gibson has projected, the solution which perhaps can't even be addressed would be go back to the drawing board and start back devel- oping a personnel system that would be responsive perhaps to merit rather than to position. I know I've worked not as a Police Investigator but I've worked with them and I think they have some fine dedicated people who did work hard to get to that position. But at the same time, the position I think the administration has to take at times, I can't equate in my mind for example the officers who entered the fite to help rescue and to deal with the :::;.re oL.c:.rs out c.i the scene. They Were uniform officers. The ones that, for example, handled our S.W.A.T. Situations and handle many of the other things, I can't in my Mind say one is 10* more important in pay than the other one. If it could have been done oVer I'd rather see a police officer is a police officer is a police officer. And With training and with the recruitment and with the type of a person that we do have eventually they all can perform in any capacity of an officet. Then the heat thing that I think we need to deal with is a supervisor, a supervisor is a supervisor. And what has compounded this situation is that one time we had the rank of detective which was later converted the equivalent of sergeant. Most of those were granfathered in and I think all but a few will retire this coming February. But I think the department is going to have to go to an officer as an investigator and a sergeant as a supervisor. And we do have some people, for example and Vince was in patrol, that do investigative work that get no incent- ive pay. And yet we have some very experienced people that perhaps the only way we can compensate them is for the additional money there. But that's for the position rather than the merits of the individual which I don't think we can deal with today. Mayor Ferre: Chief, I'd like to ask you a question. What, and I know that com- parisons sometimes are not altogether valid, but what do, there are such things as supposedly more enlightened police departments around the country that are pace setters and are departments that everybody kind of looks to as being well managed and well balanced and what have you. Kansas City I understand is one of them, Los Angeles is another. I don't know what other departments would classify in that same category but I know that those two are particularly talked about all of the time as being pace -setter type police departments. What do these other cities comparable to Miami do in this situation? Chief Watkins: You have a variety. I think many cities have evolved into a sys- tem perhaps like we have rather than planned into one. I think you have a hodge- podge of things depending on which department; some departments, for example, you'll have I.D. Technicians which are sworn police officers which we do not, for example. I don't know the specifics of Kansas City or the other ones. I don't know if it is a special classification or if it is the rank of sergeant. It's pretty difficult for me. The one thing I think is happening across the country is the salaries of the individual officers and the training are upgrading the officers to where they're able to perform at a higher level than they were before. So that might have been one way years ago of compensation. Mayor Ferre: Upgrading based on performance, is that what you're saying? I didn't hear that. Chief Watkins: I would like to see compensation, you know if we could go back to the drawing board, based on merit on a career pad and perhaps you would have an investigator that would be drawing more than another officer in another field. But it would be based on merit rather than on position. Maybe I'm confusing the issue today; but working with all these people here, having empathy, also realiz- ing the administration's point of it am in a very difficult position and I have to explain it a little bit more than just saying yes or no... Mayor•Ferre: Again in the simplest terms, what is your advice to use, Chief? We've got a tough decision to make here because some merit and good merit on both sides. Chief Watkins: What you have done I think is completely unfair. You have a bar- gaining committee that represents the F.O.P. You have a representative from the administration as a bargaining committee that sits down at the table to iron these things out. I honestly don't think it's fair to put me into a position to stand here and say, "What should I tell the commission to do in this." Mayor Ferre: Well, look, Chief, I know. But you know we've got to make a decis- ion and you are the head of the police department and nobody likes to be put on the spot but we're on the spot and I'll tell you Grassie's on the spot. We're: all on the spot and we've got to say it like it is. I'm not trying to be unfair to you. I'm not asking you to do any more than what we're going to have to do and what Grassie has to do. Mr. Plummer: Basically it's unfair. Regardless of the decision that is Made here today he's got to live with it tomorrow. You know we'll make a decision today right or wrong or one way or the other and it's fine, it's off our backs - the monkey's gone. But that man's has got to live with it tomorrow and in the days to come and I understand chat position and I really would hate to see, this is the man we pay to be a bad guy, not him. He's the man who's got to live with 14 DEC 161976 the day to day operation and I think it is very unfair... Mayor Ferre: the field... J. L., that's like the Chief of Staff telling the general out in Mr. Plummer: But Maurice, let me tell you have the final say, what he wants to do, say and that man has got to live with it. does today that man has got to face those again. you're talking to a man who doesn't This is the man that makes the final And regardless of what this commission people tomorrow. We son't see them Mayor Ferre: Hey, don't press. It's a valid argument. Chief Watkins: Mr. Mayor, the bargaining process itself had I had an aide in each perhaps most of these people here, I'll say requested and it was almost strong as a demand that I come talk to them about the issue, but under the rules of bargaining had I done that I probably would have been an unfair labor pract- ice. So I'm not trying, if it was my decision to start with I would have made it right or wrong. M. Plummer: Chief, let me ask one question. I think it's a fair question. You have indicated that part of the vin squad now do investigation. Chief Watkins: Yes. Mr. Plummer: All right. But wasn't it a fact that when these men were informed that they were going to do investigative work they were also informed there would be no additional compensation? Chief Watkins: Yes. Mr. Plummer: In other words they went into that with their eyes open knowing what they were going to do but also they were going in with it knowing that there was not going to be additional compensation. Chief Watkins: Correct. Mr. Plummer: All right. I think that's the crux. Mr. Mc Creary: But Mr. Plummer, let me address that question. I say this with all candor, I have absolutely no reason to doubt what the Chief has said. It is my understanding that there are 25 persons who are doing this kind of work. However, I am told that those persons were promised Police Investigator slots. If that is true then those persons too would have received that money had the slots become available. Mr. Plummer: Well, Jessie, let me tell you something. Ok, and I'm going to tell you exactly how I feel. I think that this thing has got to stop as far as P.I. is concerned. Ok? Now that's my opinion. Now, I feel it is not a matter of should it continue or not. But I feel that there is a fairness to those people who not through their own doings now find themselves in a position of not pride, it is pride but it's also the idea--- Look, these 65 people that are involved are not there because of just the pay. And I'm sure that Garland didn't choose these people to do this job if he didn't think that this was the cream of the crop. Now, I find it totally unacceptable that these people today who are the top or the cream of the crop as far as investigation is concerned are, in fact, going to come out with a 112% decrease in pay. It just doesn't make sense to me. Now if what you say, or use the parallel that I use of the pension system fine, today it stops. And that's what should have happened back in 60 whatever you quoted. We wouldn't be in this position today. All right? But we are in the position. And damn it, as far as I'm concerned we've got to be fair and I don't think under any circumstances a decrease if fair. Mayor Ferre: Alright, Mr. Plummer it seems to me that we're at a point where we all understand the issue and, therefore, I think we have to bring this thing to a vote. This is what this commission is for is to make a decision. Now I will express the dilemna that I see. On the one side I see that there are 65 people here who are in effect saying what you just reiterated and I recognize the human aspect of it. The other side of it is that we have an established procedure with a manager who with his staff has negotiated a contract with your represen.�- atives. And they have come to an agreement. What is involved on the other side on the other side of the coin is are we going to do what this commission has been doing for a long long time which we always complain about, And we always say. "well, we end up negotiating contracts up here," or are we going to for a change 15 DEC 161976 for once back the Manager in hib negot i.. ion:, and <;:+ V ?ll..i' a Vct of con iCi r:ce. 1 oW, either we back the Manager or we continue negotiating hers: year after year oh these things. Now this is an agreement that the negotiating teat: represent ing the members of the union negotiated. New they got that and now we're gbing to come here and there's something else to be negotiated. Now that does hot dehy that you said. I think what you said makes a lot of sense and that's the other Side of the coin. But it is a very very tough decision for this commission be- oatise I want to tell you something. What's involved here is a lot more, and I'm talking, J. L., you know I'm very very sympathetic to 65 people and I'm very sym- pathetic to a no increase or a decrease as you pointed out and I'm very sympa- thetic to the $100,000. But what is involved here is a very important principle as to how this city is going to be run in the future. And it is a lot more than 65%. You're talking about 31 thousand people and you're talking 380,000 citizens. So the die is ocast and the decision has to be made this morning by this commis- sion and it's going to be made one way or the other. But the impact of this goes beyond 65 men. Mr. Mc Creary: Mr. Mayor, if I could, could I just relinquish the microphone briefly to Lt. Cosgrove because I think that this commission needs to hear from brass on this question too. Mayor Ferre: Lieutenant, are you here representing yourself, the union or the department? Lt. Cosgrove: As a lieutenant I represent the department as a commandable officer to a unit in the C.I.S. I represent that unit in the organization and I also re- present the men that are going to be working for me. ...purpose and I'd like just to... Mayor Ferre: You are representing the department and the people in your command and you are representing these men and women. Is that correct? Lt. Cosgrove: Yes, sir. Mr. Grassie: Mr. Mayor, I think we should clarify whether the Chief thinks that he is representing the department. Mayor Ferre: Well, I think it is a very important point of order here and that's why I wanted to get it on the record to make sure we understand who you represent. Chief, I hate to oput you on the spot again but here we are. Mr. Plummer: The Chief represents himself. INAUDIBLE Mayor Ferre: Alright, Lieutenant. Lt. Cosgrove: Thank you, Chief. I'd like to just give you a brief overview as to why we came here. We do recognize this as, this open hearing is somewhat of a last resort and recourse within the city government to express our concern over the loss of the P.Z. pay incentive. Additionally, we do not feel as a group con- cerning the P.I.'s that we were adequately represented at the bargaining table collectively as a group and we hope that perhaps we would be somewhat adequately represented here by you representing us as the City of Miami. The manner in which we have come is professional and in good faith in an attempt to have our P.I. pay reinstated. We do not come here with the intent of threatening a walk out or threatening job action or threatening to get adverse news publicity to the city government. We came here because we wanted to express to you in good faith as professionals of the position that we take in this issue. There are three per- spectives that I'd really like to present to you that I think loom before you to make this decision. One is the perspective as to how this situation and how this decision that you make is going to impact on the individuals that are involved. Another is how it's going to impact in terms of the organization in the future as you have so aptly discussed so far. ANd another, of course, which all of jou are very familiar with is the perspective of how this is going to impact on you economically in the City of Miami. The first perspective is how it impacts on that individual P.T. Those people who have lost 10%, 111% money across the board. And they're not going to gain that iri the next two years even with the pay incent- ive that's requested in that contract. They are losers for the next two years down the pipe and they will never mane up that 10% that they're going to lose. And that's the fairness and rightness that Jessie and Commissioner Plummer have also adequately expressed here today, Many of the people that received this 10% have received that over the last 10 year aeriod, something that they have been accustomed to receiving on a weekly basis, on a monthly basis for own personal budgets. And there is no question in my mind that there is going to be a severe hardship pLaced 16 DEC 161976 tipon these people with fairness that's important unannounced only weeks r.+:'- ial solution this fi r:urcia men in the P.I. po5i�i;4: who have already been gators without the ad cd earlier. He's correct. :ro' by the superiors of the i i rr" alike in good faith to6 future. They work han,1 sr• A months and upwards to a yeaq' same job but not receiv i r. ly express to them now t• day and will probably is for those hundred as a career path with ities and authorities position, an inVeStiH?ar.c i organizational concr_v c: position is a profess{ police agencies throe:`: It's a career path that the ranks to receive: rc of upward mobility f,)r organizational, and wu' into the training anc fr!.v training programs. Bc` you have to go througha* in that position. t,7 �:. wining schools and seminars and on the jcb individual developmc.':. k ; tively develop personnel for the specialt- ies of this position P.I. pay incentive will partially or tct- ally contribute to t.. estrent due to two primary factors that. I think that you should .ir,tj this decision. (1) Being the manager that I am in a depart,: take into consideration individual needs when I make management Ln I have somebody come to me and say that he's losing $160 a mon ar. L -t . ;t be more than half of his house payment, and he's in a financial bind lnd he eon't work off duty jobs upstairs becauseiofof irregularity of the hours, bLcau:,•c of his appearance, it might not be app ate for off duty work in uniform I've cot to take that into consideration and put in a place where I can help him along so that when he comes to work he's going to be proud to be a Miami police officer or an investigator. Some of thostpeopleeto are going to have to be transferred and some of those people are goingo be replaced and retrained and redeveloped in a concept of fairness, sir and ladies. In addition to this, the loss of some members fo external agencies who recognize the need for these specialties will occur and recognize the need to compensate them accordingly as these additional responsibilities in that develop. Such agenc- ies as D.E.A., private security and investigatory agencies, civil firms and social referral agencies will absolutely put a premium on hiring these people. One must consider too the loss of morale of those members immediately affected by the termin- ation of P.I. pay. Upwards to 10% of your Miami Police Department is going to be adversely affected morale wise by this decision if you lose P.I. pay. In addition, there is now with the decision of the loss of P. I. pay absolutely no external in- centive to become a police investigator and to handle those additional responsibil- ities and duties and authorities and skills you're asking these men and ladies to perform. The third perspective is perhaps one closest to you, is the economic one. We really do recognize the problems with the current budgetary crisis facing the City of Miami. We know that cuts in all departments are no doubt essential to provide a sound fiscal basis for the operation of this city and certainly we support that. But we're stressing the need for you to measure the balance of what you will save in dollars and cents by cutting P.I. pay and what you will lose in terms of organizational effectiveness, professionalism and services rendered to the people of the City of Miami. I don't know if you can put dollars and cents on those values. In addition, just to wrap up, we encourage you to please reeval- uate your position in the Y.I. situation and incentive portion of the contract in the city budget and respectfully request that the P.I. pay be reinstated. Thanx you. Rev. Gibson: Mr. Mayor, I want to ask a question. Sir, I want to congratulate you for that very fine presentation. It was very logical and I have no argument. What I don't understand is who is the bargaining agent or who represented you at the bargaining table? No, somebody talked with Mr. ---- Mr. Manager, give me the opposing team, please. You know Our man and their man, whoever they are, a. dizion, there's another thing :n This loss came unexpectedly. It cars. ;icays With no chance to work out a potent u have placed upon these ladies and gentle vidual impact is associated with those positions in good faith as P.I. investi Y I. pay which the City Manager brought out terms of fairness these people were promised Department, supervisors and command level bLers would receive that P.I. pay in the e by side with other investigators for ositions without compensation doing the r- eruai work. It's pretty hard to sincere- e what they did and are still doing to- ut:+.ire. And yet another individual impact 1..al members who saw this P.I. position nsurate with the additional responsibil- ,..ills that are associated with the P.I. c:h brings us to a second perspective. The ssonalism and effectiveness. The P.Z. tept and is widely used in many progressive and abroad, not just in the United States. ernative to working one's way up through us among peers, additional pay and a sense this avenue of advancement. In addition, rge amount of money, thousands of dollars 1.'s. We sent them through in service walk into the City of Miami Homocide Lnit lave course to even begin as an apprentice 17 DEC I61976 EU Mr. Grassier Mr, Mielke for the tanagement team. ,t, Ken Harrison: Sgt. is here who represented, wee eee Lire Chief eeotiator I believe SgL. Salerno was, or you Ken.. Salerno was the Chief Negotiator for the Fraternal Order of o1ice Bargaining Team. Rev. Gibson: Well, what I am concerned about is I thought that when you were negotiating all of this was put on the table. Wasn't it? Wait! Look, what the Mayor said earlier was something that I am going to adhere to. Listen to this: We got us a professional negotiator. We got out of the business, thank God we got out of the business. You had a man who represented you. Isn't that the way it was? UNIDENTIFIED SPEAKER: Obviously they don't feel that they were adequately repres- ented on the team. Mr. Dean Mielke: My name is Dean Mielke. I'm the city's chief negotiator and Labor Relations Officer. Let me say that what we're talking about here is a trans- ition from an era of pre -collective bargaining when there was a statute, 74-]00 which came to pass a little over a year or so ago. Now in all due respect tc the F.O.P., if anyone thinks that the lodge sent in a bunch of people who didn't work their heart out they were welcome to sit in on any and all of those meetings. They were posted for all the public and anybody else, they could have come and set in. I don't think I have to defend Lt. Harrison or Charles Salerno, they can speak for themselves. But we had 25 negotiating sessions and all the years in this business it never took that long to negotiate a labor contract. All I'm try- ing to simply say is that was a long fought, some words back and forth and ultim- ately a negotiated settlement and the lodge by state certification by the Purlic Employee Relations Commission are the certified bargaining agents for all the employees covered by that particular certification which runs from police officer up through the ranks of captain whether they are members of the union or not. The lodge came in, certainly the lodge, there were other things in that contract that we agreed to, the lodge, some that they were happy with some that they wzarer.'t. I would only simply say that the lodge in good faith bargaining as I think the city was good faith bargaining finally got to an agreement and what we're really talking about here is, .n fact, a segment of that organization which is unhappy with the agreement and that's not uncommon. I don't know of a union contract yet where everybody in the organization was happy with it. Rev. Gibson: This is how I look at it. These gentlemen had got a lot of goodies. Let's say this was not a goodie. Ok? If these gentlemen had got a lot of goodies -- No, let me put it the other way. I thought that in a labor union thing one cf the things that has always distressed me was that whether you are or aren't a member of the union you profit from the success of the union. Isn't that the way it is? Mr. Mielke: Yes, sir. Rev. Gibson: All right. Now, if that be the case I find it difficult right now to understand --- You see? Because I'm sure these men bargained in good faith and the only thing that bothers me, and they have answered it, there were two positions. There were nine, now there are two people. The union bargained and I think we're going to find ourselves in one devil of a position to sit up here as a commission bargaining. I hope to God you all understand where we are. That's why we have those people go in there and 25 sessions. What we're trying to say is, My God, I hope we in 1976 have moved out of sitting up here trying to bargain. These men know far more than we would ever know because that's what they're doing. Mayor Ferre: Mr. Mielke, let me ask you a question if I may. You also negotiated the contract with the firefighters. AT. Mielke: Yes, mayor. Mayor Ferre: Now somebody around here said that there was a distinction between investigators and the rest of the firefighting department. The question is did this subject come up for discussion with the firefighters? Did you present this argument? In other words I assume these are t'.Jo important departments for this City oJ. Miami and what's sauce for the goose is sauce for the gander. Now I'm just asking. Or was that part of the negotiating thing end this time you didn't negot- iate that one out? �✓.r. Mielke: Well, I'll see if I can answer your question. If I understand your question correctly is if, in fact, thes kinds of things came up in the Fire negot- i.cltions. Well, we have to understand first of all that the ci.assification, the p,I, thing only exists in the police service. Now, the concept came up in the.t we 18 DEC IC 976 were Mandated as you all know on certain areas that we could make improvements and that we could not make improvements. And in the Fire negotiations we got a cost off -set, if you will, in other areas: For ekainple, we reduced the of holiday pay for example which was in that case approximately $84,000, Now I guess What I'tn trying to say is that yes, with the firefighter negotiations there were, in fact, off -sets for the in creased benefits that the city agreed to contributes Mayor Ferre: Now, answer my question. Mr, Mielke: Well, I'm not sure that I understand.,,, UNINTELLIGIBLE CONVERSATION Mr. Plummer: ...does an arson investigator get an incentive pay? Mr, Grassie: Yes, and there is no similarity between the two positions, Mayor Ferre: That's the irony in this. I'm asking a simple question. Is there a similar position in the firefighters to the P.I. in the police, If the answer is no that's that. If the answer is yes then my next. question was, was that brought up by the management team for discussion in the negotiations. Now, if the answer is no it wasn't brought out then I want to know why wasn't it brought out. If the answer is yes, then I want to know what it is that you bargained to get in favor or in lieu of. Now, do you understand what I'm asking? Mr. Mielke: Yes, Mayor. There are classifications or plus items as you call it in the fire service depending on which particular area you're in. There is a fire arson plus item from my understanding. The city did not attempt to negotiate that away and mainly because the firefighters we negotiated reductions in other areas. We were looking at dollars very frankly. We were looking at concepts, how to raise money on behalf of the employer. And the firefighters chose to make their consideration in another area. Mayor Ferre: See, what concerns me and I'm sorry, Mr. Grassie, that these things have to come out like this. See, what concerns me about all of this is yes I know your concern was dollars and that's your job. That's the job of management. You also got to be concerned with running a department when it's all done and over with and my problem is that if you differentiate or distinguish between one depart- ment and the other--- Now, I think following what you said which I think we really need to do, Mr. Grassie, is that there is a difference and there is no similarity then we've got another ball game or a horse of another color. Mr. Grassie: Two things, Mayor. (1) While I'm sure that you're concerned about having to run the department after all this is done... Mayor Ferre: No, you're having to run the department. Mr. Grassie: You recognize that I'm concerned about that also. But the important point here is that we keep talking about fairness and we tend to forget what it's all about. Now the distinction that we're talking about in the case of P.I. pay was first established to remedy a case of discrimination. It was established for that purpose. And somehow conveniently we tend to forget that little thing. Now, what the chief was telling you, what he was trying to tell you politely was that there are many people on the department who in his estimation are doing just as valuable work for the citizens of this co.•nmunity and are not getting this kind of pay and he sited to you a couple of instances of people in uniform who are doing just as valuable a work who are not getting this work. So the other side of the equity question is, while we're talking about 10% of the department here who has been enjoying this benefit for years we tend to forget the 90% who aren't here: and who, in fact, have not enjoyed this benefit. The other point, Mr. Mayor, you brought up the apparent similarity between the Fire Department and the Police Department. Having talked briefly about the background and the reasons for having the pay to begin with in the Police Department you have to recognize that the reason that this kind of incentive exists in the Fire Department is strictly a management necessity because the nature of investigative work until recently in the Fire Department has been that they worked a different schedule. They did not work until recently a 24 hour schedule. Now, it was because of that, because firemen were or. a 10 hour schedule rather than 24 that their department couldn't get anybody to do that kind of work for the same pay, And consequently, offered to pay them more. Mayor Ferre: 1 only have one ,lost qucstion and that is how does Metropolitan Dade County, i$ there a differential in Metro? Kenny, do you know that? 19 DEC 1619►76 Lt. Harrison: I believe that there is a differential in c4iutio, I don't know what it is, I'd have to go pull the.. Mayor Fetter Chief, can you anSWet that? 7i4AUi lhtE Mayor Ferret There is a different claatifidatioh Mr. Mc Creary: Mr. Mayor, if I could just say one thing, When we look at the Fire Department to my knowledge not one single fire person lost one cent in their contract. If there was any loss in the Fire Department each member of that depart. - Merit shared that loss equally. That is they talk about the holiday pay,. Each member of that department shared whatever that loss was equally so that when they got an increase it was an increase. (2) Mr. Grassie mentioned that we don't talk about the 90%. Well, let me tell you the 90% happens not to be doing the sane kind of work and it's back to responsibility. We do not ask a patrolman to investi- gate a homocide. Additionally, if you will recall the police officer, the uniformed officer works a 4 day week. P.I.'s work a 5 day week. So there are some reasons here now. Lastly, so it was wrong, we did it wrong before; don't punish the people who were not responsible for the wrong. Now the thought may enter your mind that you could end up in this city with extra -unionism, if you please, with another kind of union representing other portions of the Police Department and we've really got chaos then. I don't know that that's true because I don't represent people in terms of unions, right now I don't. But hopefully we don't get to that point. Let's not polarize the Police Department anymore than it is. You know hopefully we've been working on some things that's going to help us. Mayor Ferre: Now Jessie, you represent another F.O.P. Right? That functions, and yet they're not... Mr. Mc Creary: Yes, sir. Mayor Ferre: And yet they have not become a bargaining agent... Mr. Mc Creary: You know why, Mr. Mayor? They have not for the same reason these 65 people here have not. Because they have always felt that they were going to be represented by an organization that had their interest at heart. Mayor Ferre: Yes, but you see the thing is that you can't have it all ways. The point is that there is a union that represents all of the membership be they black, Latins, Catholics, Jews, men, women in departments, the whole variety. Now, you've gone through process. ... Mr. Grassie: And there's also a little question of state law, I think possibly. Mr. Mc Creary: I understand that, Mr. Grassie. Let me say this, Mr. Mayor, and only because it was in the Miami Herald can I say it publicly: When Maule Indus- tries took, people in Maule Industries - I think the Herald said - would take a pay cut, I assumed that that went from President Ferre down to John Doe. It affected everybody equally. And I assumed that when President Ferre says that Maule Indus- tries is alive, viable and we are back at the top again he's going to rais those people. And he's not going to take 10% of them and say I'm going to give you a raise but this 10% increase is really 11% less than you had before. Mayor Ferre: Jessie, it just so happens that you're wrong. And by the way, was not a cut. What it was... Mr. Mc Creary: I don't mean cut, a misnomer. Mayor Ferre: It was not a cut. What it was, so that you'll understand, was a 10% deferral. The corporation is paying it interest on that amount which is ac- cumulating and as it happened it was only done with the Teamsters and the engineers because the other groups in Maule in the bargaining procedure did not go along with it. Mr. Mc Creary: I stand corrected... Mayor Ferre: So it did not affect everybody in the company, That was a bad example. Mr, Mc Creary: It may be a had example but let me say,,, Mayor Ferre: Sut I see your point and your point is a valid point even t Qugb you used a bad example it's a good point. Ok, 20 DEC 161976 Mr. Mc Creary: I conceed it was a bad example but let me tell you this. :'il tell you what is not a bad example. Nowhere in this country do you raise people to cut their salary. Now that's just not good business, and still give thefh the sale responsibilities. In other words 90% of the people involved are ioihq to be rewarded for doing a good job and they ought to be. 10% of those people are going to be cut. Now that just doesn't make sense. Mayor Ferre: All right. We're repeating things now and I think it is time to Wind this one up and unless you're going to say something new I don't want to hear anymore discussion. If you have something new to say I'll recognize you. Mr. Plummer: Two points I want to make. #1, I think that the thing Jessie is really trying to say is this: That if it is to be negotiated for the mass or for the whole there were two areas in this negotiation in which there were reduction of dollars. One addressed itself to just a setment of 65 people which are here represented. I think Jessie makes a very fine point that in the second area is the area that could be considered fair and that is the reduction in monetary con- sideration for court time. That affects everybody in the department and everybody will be affected by a reduced situation in court whether you agree with it or you don;t. And Mr. Mayor, the other point that I want to make and it's a problem that I have all of the time, and I sometimes am criticized. But I think the whole thing has to be revolve around not only fairness but priority. I don't think this situation really would have come to a head this year if it had not been the con- straints on budget and on dollars. And the thing that's so hard for me to equate, yes, I think that the School Resource Officers is a great program. It affects 18 policemen. Eighteen policemen to the tune of a half a million dollars which in my honest opinion I've stated so many times is the sole responsibility of the School Board. They should be picking up the tab. And it's very difficult, it's impossible for me to equate the welfare of 18 policemen for a half a million dol- lars or the welfare of 65 critical people for $100,000. And when I set priorities in my mind there is no equation. Mayor Ferre: Mr. Plummer, let me tell you what the problem is with that statement as I understood it. You see, what Mr. Grassie said, and you stop me if I'm mis- quoting you, is that from a managerial point of view it is his conclusion, I assume he speaks obviously for the full management, it is his conclusion that there Should not be a differential paid. That's what he told it. It's got nothing to do with budgetary constraints. Now it was forced by a budgetary ... I agree with that. But what Chief Watkins and Manager Grassie were saying is that a police officer has to be a police officer, a police officer, a police officer. Mr. Plummer: I understand that. Mayor Ferre: And that's just a managerial principle. Now, you either accept that or you reject that as a matter of policy. Now, the second thing again that's in- volved here from Grassie's point of view is either you back up the system of col- lective bargaining and negotiation as defined by law or you don't. You see, e. lot of you that are upset with me because you think I'm after Civil Service, I'm not after Civil Service. What I'm after is the role that Civil Service has assumed which is not the original intention in my viespoint and the relationship between management and collective bargaining. You see, when Civil Service started there was no collective bargaining. There were no unions. You've got a different sit- uation now. The various employee groups have their representatives, the unions. And what you can't have is you can't have a little bit of everything. You can't Civil Service protecting employees, you can't have the unions protecting employees and then you can't have the commission standing in because then what you have is a three way shot. The first shot is with Civil Service, your next shot is with the union and then you come to the commission. Now I told you a little story about a comment that Bob High made to me. And as you know Bob High wasn't exactly the most well liked guy in the Police Department. I asked him why. He said, you know I'm elected to represent the people of Miami not the Police Department, not this group, not that group. I'm here and I've got to do my job as I see it. Now the Manager is supposed to take care of the management. That's his bailiwick and he's got to act and play out his role. The unions have got to play out their roles and we who sit on the commission, our role is to set the policy for the City of Miami as we see it in the best interest of the citizens of Miami, not the man- agement. That's his problem let him take care of it; and not the union. Now, the decision is difficult and there is no question about it. You really have to have the wisdom of solomon. Now, I told the Manager and he shook his head at me. I would have done it different. I really would have done it differently. If I was going to do this I would have done it over a period of years and not all in one year. But, I wasn't part of the negotiating team and that isn't my responsibility. The question now is we gave him a responsibility as defined under the law and he's come back with something and either we're going to back him or we're going to change 21 DEC 1319/6 it like we've done in the pa: t. Ant! 1'r not syin j :. :. P ll k:':Ci`.ti , =C4...1se we he'd a modified form of the City Manager form of government around here. It's called the Miami form of government. And the question is what are we going to do. it's a Matter of policy that impacts,..... And Jessie, let me tell you because you're here wearing one hat and you come here sometimes wearing other hats. You're a good lawyer, I know that and I'm sure everybody else here does and you make one hell of a fine presentation. You know, you do inherently even though you lawyers never see conflicts, you do have a conflict because with your other hat you've been, and you're responsible for = you and your associates and Judge Ferguson and the other people that have been involved in this thing; this is the Cohen Case - have been responsible for a major break through, and God knows it's been long in coming and you all know how I feel about it. And we've had the Civil Rights Commission down here. we've had the Justice Department down here. Ard We've got a Consent Decree before the court and you're partly responsible for all this because you got this ball rolling. Now we're correcting something, we're in the Midst of correcting things that were done for other reasons and you know what t'fn telling you. Ok. Who else wants to talk at this point? Otherwise, I think it's time to vote. Mr. Plummer: Mr. Mayor, in rebuttal to your statements,, Mr. Mayor, as long as I sit on this commission I will never give up my independent thinking. As long as I sit on this commission I will never agree or disagree with anyone when it comes to fairness. When it comes to fairness I'm going to make my own decision. I don't think there's any one on this commission, and I include myself, that we fight. the good fight but once the decision is made we all work together for the good of this community. I will always exercise my right of independent thinking and I will al- ways exercise my vote in what I feel - not someone else - what I feel is fait. Lt. Cosgrove: Mr. Plummer, that's exactly why we're here too and we agree with that. Just in response to what's been said, One other item I'd like just for you to take into consideration. I could agree with the concept of a police officer being a police officer being a police officer but I would also agree with the Fire Department personnel being firemen, being firemen being firemen. If you're going to do this posture and if you're going to take this stand then what I would ask you to do is take that stand across the board so that you don't stigmatize 65 peo- ple and say that they're a little bit under the rest of those people you're doing to give that pay incentive to throughout this contractual agreement. That's the problem. You've got an inequity there. What you're saying is the police int,esti- gator is a little bit less than that arson investigator who handles an arson. I say that he's not. He's an investigator, he goes out here and he works 16, 20 hours a day just like that arson investigator. He goes out and conducts homccide investigations just like that arson investigator does too. There is a parallel between investigators throughout departments of this city. What we're saying is that if you're going to do it do it across the board so you don't make these peo- ple feel like they're the only ones that are losing. Mayor Ferre: Lieutenant, let me respond this way. You're right, absolutely right. If you're telling me now that you're willing to give up the bargaining process and to let the city management make these decisions across the board then I'll tell you I'm for. that. Now, I want to know if you're going to say that we no longer have to listen to the bargaining process and if Gene Naples is still here and he's willing and you say that's ok with you then as far as I'm concerned the manager has the authority, and I think you're absolutely correct. What's sauce for the goose is sauce for the gander. Unfortunately, however, we're in a very difficult dilemna and the situation is that we cannot unilaterally across the board make decisions like that. Why? Because the law doesn't allow it. Why? Because we've got collective bargaining units. And the question is, and I think what the manager's response is, you've got to start somewhere. I'm ready to vote. Everybody else ready to vote? Ok. Plummer, do you want to make a motion? Mr. Plummer: Mr. Mayor, as difficult as I find it because I had hoped I guess the Utopia that the professionalism that I have seen in Mr. Grassie and Mr. Mielke, it would have been my hope and desire that 1 could have agreed with them 100%. But I feel that they did the job that needed to be done to the tune of leg's say 95%, 91%. But I feel that there is definitely an inequity in this particular case where only a small segment of the department is involved and my suggestion and my motion would address itself thusly: That these people as long as they serve in that capacity which was created by us - not by them of police investigator, that they continue to receive the benefits that they have but that no one, and I emphasize the word no one from the contract date or this day forward be given that priviledge of any additional compensation or priviledges or rank. Mrs. Gordon; You're saying that there would be no one else ever assigned to rttis department? That this then would be phased out? Is that your intention? 22 DEC 1 E{ 1976 Mr. Plummer: That is correct. In other words don't perpetrate the wrong. In other words what I'm saying is these people are locked in. Ok? They're grand fathered but that from today forward, as the chief has expressed with the VIN Squad that he has now got people who are investigators who are working at reg.& ular pay that those people fully understand, are fully aware that they will be working at a compensation as they are presently. That is my motion. Mrs. Gordon: The answer to that was not clear. Are you saying that this depart' merit as constructed would no longer be enlarged upon... Mayor Ferre: No. Rose, what he's saying is he wants to grandfather the 65 memo, bers that are getting... Mrs. Gordon: At a higher pay scale... Mayor Ferre: And anybody else who comes in would.... Mr. Plummer: Exactly as they're doing now. Mayor Ferre: Would come in at regular police pay. Mr. Plummer: Right. Which has already been done. Mayor Ferre: Before any discussion I have to ask for a second. Is there a and to the motion as made by Commissioner Plummer? Is there a second? sec - Mrs. Gordon: Mr. Mayor, I'm going to say just for the sake of getting this on the table for discussion on the motion, not saying which way the vote would go I believe there ought to be a second to the motion. I'll second it. Mayor Ferre: There is a second by Mrs. Gordon. All right, now under discussion. Mrs. Gordon. Mrs. Gordon: Well, it needs discussion for any member who has anything to say pertaining to the motion. A clarification of the motion is that the persons pres- ently in the position of receiving this P.I. pay would continue to receive the P.I. pay, that the position would not be abolished, it could be enlarged upon but it would not receive additional pay. Mr. Plummer: Exactly. Mrs. Gordon: The people who are receiving this P.I. pay will also be receiving increases that are being given to all of the rest of the police personnel. Cor- rect? Mr. Plummer: As long as they remain in that position. If anyone of these people, it would be my intent, if any one of these people for their own reasons or the chief's dropped out of these positions tomorrow they no longer draw. Mr. Reboso: J. L., what about the new people coming into the department? Mr. Plummer: There's already 25 of them that have come in under no incentive at all and they're acting as investigators. UNINTELLIGIBLE Mr. Plummer: That is correct. Mrs. Gordon: Well, what I understand the motion, and the intent of the motion is not to take away benefits that have been granted. Mr. Plummer: Exactly. Mayor Ferre: INAUDIBLE Mr. Mc Creary: Mr. Mayor, could 1 just ask for clarification from Mr. Plummer? Mayor Ferre: Jessie, we're under discussion with the commission. Kenny, and I apologize because I'm really not trying to embarrass anybody here and all of that but I need to ask this question, during the whole proceedings and there were 25 meetings before Dean Mielke, was there any discussion by this group? I'm sure they must have come to you and discussed this or protested it or... 23 DEC 1619'6 Lt. Hartisoh: By this group? Mayor Vette: Yes. t. Harrison: Not during the i egatiatioht. T ie partieuiar -6Mr p•t pay# was presented by the city on the day we agreed. Mrs. Gordon: Presented by the city? It was presented to you by the cityb the proposal? Can I ask a question again for clarification and information/ bean Mielke, were there anything in the other contract with the Fire Department that only affected a portion? I heard this before, I just want to repeat it, of the employees of the department and not the entire department? Mr. Mielke: Sure. Mrs. Gordon: In the removal of benefits? Mr. Mielke: Sure. And I wasn't going to get up and correct Jessie, but whet, you reduce the value of holiday time it was for the 24 hour people. YOU did hest reduce the value of holiday for the 8 hour people. Mrs. Gordon: A portion were reduced and not all. Mr. Mielke: Sure. Mrs. Gordon: If this P.I. pay were removed and the increase that has been granted, Mr. Mielke, will there still be a net increase to the people involved or will there not? Mr. Mielke: I"m not sure I followed your thinking. Mrs. Gordon: Ok. In negotiations you're granting an increase in wages, 3.5 this year. And if, in fact, these people have the loss of the P.I. benefits that they have will they have a net increase of anything to take home? I'm asking Mr. Mielke. Mr. Mielke: Commissioner, I think as Mr. Mc Creary indicated that they would end up with a net loss of 11% over the term of the agreement which is in essence cor- rect. Obviously some of them, I have no way of knowing how many are married or not married, some of them or all of them or maybe a portion of them receive the additional insurance benefits which is pretty close to 1%. Mrs. Gordon: The answer then is there will be no increase, there will be a net loss. Mr. Mielke: I think that you could safely say there could be people would wind up with a net loss of 11%. Mrs. Gordon: In other words instead of being able to cope with inflation because there is they will be asked to cope with inflation at a lesser rate of take home pay. Correct? Correct me if I'm wrong because I haven't done much talking. I just want to be totally aware of what action I'm going to take. Mr. Grassie: I think the answer, Commissioner, has to be that you're right. In fact, these people will end up with less pay and there is no beating around the bush. Mrs. Gordon: Well, then I have to feel that Mr. Plummer has made some very valid arguments and that it's the clarification you made just now are very substantial influencing me although my personal philosophy and my desire is to go along with the results of whatever is agreed upon at the bargaining talbe. This is what I want to do. This is what I would like to do and I would really want to do that. If you had answered me there would be a net increase, whatever percent I might find some justification in my philosophy which is to go along with you, the prof- essionals who have made this decision. I can't find that now. Mr. Grassie: Well, let me suggest to you, Commissioner, that the only answer to that kind of proposition is that you give everybody 10 or 15% increase and the people who are really suffering are the people who get 100% decrease because the next item that they're going to be talking about is the people who are going to get laid off altogether, who are going to have no jobs. Now you're worried whether somebody gets a 11% decrease, you know let's talk about the people who the depart- ment is going to have to cut altogether. They're going to be without anything. And to the extent that we persevere in the attitude that there cannot be any cuts made to anybody for any reason, you know we perpetrate on ethers the problem that we're, in fact, going to lay them off and they're going to have nothing. 24 DEC 161976 Mrs, Gordon: I know that your point is well taken and I respect your professiona.- isM, Mt. Mielke, and I complimented you for, both of you. However, I find it troubles me and I'm troubled by this deficit, a decrease rather than-$m Ewen if it had been a balancing out factor I wouldn't be so troubled, But the troubl.itig is it's the other way around.... So....(INTERRUPPED) Mayor Ferre: Ladies and gentlemen, as chairman I am going to start calling a halt to the discussion unless somebody has an absolutely necessary need to say anything else. .I'm going to call for a vote. Mrs. Gordon: May I ask, Mr. Mayor, if you would permit a question to Mr. Mielke and Mr. Grassie relating to procedure of this decrease? If you had considered it in a span of time frame instead of a total removal... Mr. Mielke: I think I can answer that question, Commissioner. We had not con= sidered it as a delayed impact kind of thing or a deferred kind of thing, • Mrs. Gordon: Or a diminishing effect. Mr. Mielke: Right. Because of the fact we were increasing the insurance bene- fits right then and, in fact, we were escalating costs on one hand and we were obviously trying to control costs on the other. I would submit to you that if you look at places such as New York City which we may be standing in that syndrome a little bit, the employees there just had to give up $14,000,000, $14,000,000 worth of cost cutting benefits which they had to, in fact, get some kind of in- crease. I think there is a parallel there frankly. Mayor Ferre: All right, any other questions at this time? If not, call the roll. The preceding motion introduced by Commissioner Plummer and seconded by Com- missioner Gordon failed to pass by the following vote - AYES: Mr. Plummer and Mrs. Gordon. NOES: Mr. Reboso, Rev. Gibson and Mayor Ferre. ON ROLL CALL: Mr. Reboso: Mr. Mayor, in voting no I want to say that this negotiation took 25 meetings...65 people but it is a new system the City of Miami has to take a posit- ion. I think the Manager is right. I vote no. Mrs. Gordon: I stated in my discussion on the motion my mixed feelings on the sub- ject but because of the naswers that I received I vote with the motion. Mayor Ferre: I don't get to make the decision because my decision and my state- ment was made early in this whole thing and I really sincerely apologize to all 65 people that are involved. It's not an easy decision for me but it is one that has to be made and it's one of conviction and I've stated it before you know how I feel about this and I vote no. Therefore, the motion is defeated ona 3-2 basis and the Manager is upheld in his position. Mr. Plummer: Mr. Mayor, I think then it would be in order that the next item would be to ratify the contract. INAUDIBLE 6. COMMISSION -CITY MANAGER DISCUSSION OF CURRENT DEPARTMENTAL BUDGET REDUCTIONS, Mr. Grassie: I would like as the first step in this process to introduce to you Howard Gary who is the new Director of Management Services for the city as you know. I know you know this on paper but I believe that some of you have not had a chance to meet Howard. I am proud that he has joined our team and he is going to be making the presentation to you on the budget reduction document that I be- lieve that you all have in front of you. Do you not have it distributed to you? It was to get to you this morning. Mayor Ferre: ...welcome him back to his own city and the position that he's come in. I don't intend to lecture anybody here but I'm sure you recognize the very important job that you have assumed here and that your responsibility is not only to yourself and to your own family but it goes beyond that not only to the black community in Miami but throughout the United States and to all the minority groups that are striving to reach the top like you have. So as Father Gibson, and he can make that statement better than I can about opening the door and not shutting 25 DEC 1&1976 it behind you and I certainly hope that your tenure '.1.>r will be one that will bi of value to the coMmunity as a whole. Congratulations, I welcome you to the city Mt► Howard Gary: Thank you, Mayor. Mrs, Gordon: I welcome you too, and I was in your previous city just a couple Weeks ago and I know you're going to enjoy being here much More, Mr. Gary: It's not as cold. Ok. Before you commissioners and Mayor, we have the Manager's proposed reductions for the 1976-77 budget. If you turn to the first page we've attempted to present it to you in a fashion that will show you the short term problem as we view it for the fiscal year 1976-77 and also for fiscal year 1977-78. From that point we plan to proceed to give you the manager's proposal or directions to departments in terms of solving the problem. From there we will proceed to each department's proposed reductions and then we will give you a summary of the abolished positions and the proposals that the manager is submitting to you. I would like for you if possible to turn to page 1. The short term problem as we see it for fiscal year 1976-77 is $3,297,228. Now this short fall has come about as a result of the 31% proposed salary adjustments for all employees. That will cost the city approximately $2,625,000. The other aspect of the problem is the loss of the telephone franchise revenues which we are pro- jecting a $1,000,000. As a result we have a budget gap of $3,625,000. However, we are proposing that this budget gap be reduced by the usage of $327,772 of un- allocated balances in the present budget. So the adjusted budget gap would ba $3,297,228. Now if you look at Roman Numeral II we have presented this informat- ion to I guess give you a true picture as to the necessity or the problems that Will confront us if we do not deal with the short term problen.in fiscal year 1976 and the problems that will be facing us in fiscal year 1977-78. So whatever act- ions we take this year will have a domino affect on the next years facing us. We have a two year contract, the second year being a 51% salary adjustment. We have projected that to be $4,000,000, approximately $4,000,000. Also, because of the fact that we are reducing the number of vacant positions we will not have $2,000,000 that we hav4,in the budget presently as revenue from vacant positions that will occur or exist during fiscal year 1976-77. Other non -personnel cost increases, I guess everyone realizes that inflation does not just affect personnel but also affects other expense items that the city needs to perform its functions. We're projecting a $1,000,000 increase in those items. The one time funding of countercyclical revenue sharing will end as of October 1 or September 30, 1977 so we anticipate a loss of 3.3 million dollars in that area. Previously, we've had a revenue sharing equity fund which we've been using over the years. AS a result of us reprogramming 800,000 of that this year we're going to be short next year 800,000. You've been programming $3,000,000 a year. Of that amount 800,000 has been used for this year so you're going to be short next year by $100,000. So for fiscal year 77-78 you will have a potential budget gap of $10,269,000. Page 2: ... INAUDIBLE Mrs. Gordon: Talk into the mike, J.L. Mr. Plummer: I don't know if you intentionally left it out but it is very prom- inent up in the first set of figures it will be a 51% budget reduction of what tangible figures we have. I think you have by omission left out a very important facet of point 2 and that is what is the percentage of based on projections of income next year. Mr. Gary: Would you repeat that question again, please? Mr. Grassie: What could be a comparable percentage, Howard, to the 51%? In other words if you translate that 51% into the following budget year you're talk- ing about 10-11% gap. Mr. Plummer: If we follow these assumptions. Mr. Grassie: Now, you understand that the reason that we are projecting at this stage is that we don't intend to be in this kind of problem when we get there if we can help it. But if we did nothing and we simply proceeded as we are we, in fact, would have a 10-11% calculated (in my head) that kind of a problem. M. Plummer: Ok. Mr. Gary: Ok, Page 2 really shows you the unallocated funds we have in the budget presently and how we arrive at the usage of the $327,000. The unallocated unre- stricted funds for the 1976-77 budget estimate was approximately $468,346, 26 DECl6l9ib Mayor 'etre: Joe) it is just now 12:35. We go in session again at 2:00. We sti:::L hate 5 itetts to take care of. How long do you estimate it will take? Mir. Grassie: Well, let me put into context this way. We can, we didn't get this to you before because it was not ready before. Otherwise you would have had it With your packet. I realize that you just got it in front of you. Now we can do two things. We can report to you in 10 minutes. We can report to you in 45 itin- sites if you want to get into the specifics of departmental cuts or we can postpone this until some other time. Now if we are to postpone it then I think that I have to tell you that in order to make this projection work I have to put the cuts into effect in the short run. Now a majority of you, of course, have authorized me to Make the cuts. I have told you at a public meeting that I would prefer to come back to you so that you would be informed of those cuts. Mayor Ferre: I think that is the appropriate way to do it because the delegation of responsibility should not be the abdication of responsibility. I don't think that we should in any way relieve ourselves of that. Therefore, my opinion is that you ought to make a 10 minute presentation, that we ought to go onto other items and we ought o have the opportunity through the day to see this and that we ought to conclude this later on in the afternoon or tomorrow morning. The problem is that we may have some, I don't think I can meet tomorrow. Let's move ahead unless somebody disagrees with that. Mr. Grassie: Very good. We'll start then by referring to the lay off impact page, Mr. Mayor. Mr. Gary: Would you please turn to page 25. This is a summary or positions abolished by department. Mayor Ferre: I'm sorry to do this again, but I started off and I didn't get an answer. I guess we'd better order lunch here, hun? You know we're going to go 10 minutes into this one and you've got 5 other items. Mr. Grassie: We'll have lunch ordered in. Yes, sir, on page 25 then. Mr. Gary: This table shows a summary of positions abolished by department by lay-off, by vacancies, the savings per those abolishments and also an explanation to inform you as to the number and the title of the position that would be abol- ished. The first one is the City Manager's Office. There will be one lay-off, the savings will be $13,306. The title is Administrative Assistant to the City Manager. Law Department, two vacancies will be abolished. Management Services, two vacancies will be abolished. Finance, five vacancies. Human Resources or.e lay off, one vacancy. Police Department two lay-offs, 30 part time employees will be laid off, 37 vacancies will be abolished. The Fire Department, two lay- offs will occur, 10 vacancies will be abolished. Communications, 4 lay-offs, two vacancies. Sanitation, 77 lay-offs, 26 vacancies. Public Works, no lay offs, six vacancies. Parks & Recreation no lay-offs, 19 vacancies and two part time employees. Building, no lay-off, 3 vacancies abolished. Planning Department, one part time lay-off and no vacancies abolished. The total number of positions abolished will be 233. The salary savings that will be generated will be $1,862,599. Now this reflects just the lay-offs, it does not reflect the total cut. We have other cuts in other expense items and if you turn to page 26, Col- umn 5 will show the actual reductions that have been made or are proposed as of December 10, 1976. The original 41% required reduction totals 2,819,000. The actual reduction is 2,901,000 and we are over our intended goal of $81,832. Mr. Plummer: Let me ask a question. How, if any, does this figure in Sanitation represent theproblem that will be created before the end of the fiscal year in relation to those 120 people? Mr. Grassie: The 103 people that are in the incinerator? Mr. Plummer: Yes. Mr. Grassie: I think that you will see on page 25, Commissioner, I think that you'll see the major impact of that under the explanation where you note the 41 positions that are incinerator employees. We have made provision over a period of the last year trying to identify slots into which we would be able to put as many of these people as possible. Obviously at the time that you are reducin5 the budget as drastically as we are here it makes it much more difficult to ab- sorb those employees. But the answer to your question is that a major part of the Sanitation lay-off is really something that would have to have occured because of the closing of the incinerator. 27 DEC 161976 f Mr, Plummer: So then in other words we then look to Lurthor reuuctians at the Actual clo§ing. Mt. Grassie: What's correct, No, I mean further than What is het` Mr: Plummer: They will be assimilated into the system? Mr. Grassie: That is correct. Mr. Plummer: Alright. Now, I have to assume that these fi{ way address Manpower. Mr. Grassie: That is correct. Mt. Plummer: Ok. Now, for example, in the people and they're both custodians. Mr. Grassie: That is correct. Mr. Plummer: Now is it possible that those twb people, and please I shouldn't--- Is it possible that those two people can be replaced by Manpower? Mr. Grassie: Well, in fact... Mr. Plummer: And that's not the critical example, I should have used a better example. Mr. Grassie: That may not be a good example because, in fact, in addition we will be asking the Fire Department to release some of the C.E.T.A. slots which they may be under utilizing at this time. Mr. Plummer: Well Joe, my problem has been, as you know, that I don't feel that we are getting any where near the efficiency from the Manpower that we should be. Now, if we're having to cut here, and I'm not completely familiar with what these 30 senior citizens are doing, I've got an idea of some of them in the Police Depart- ment. But if they are serving a purpose wouldn't we be smarter, or if it is legal to be smarter, to replace these with Manpower people? Mr. Grassie: You've touched on an important element. That is we need to be very careful that we do not do something which, in fact, is contrary to regulations. Mr. Plummer: I understand but that's the reason I'm asking the question. Even though we realize we're going to be laying off 118 people, from a standpoint of dollars and cents I would like to know how many of these people can be replaced by Manpower if any. Mr. Grassie: Well, none of them can directly be replaced by Manpower because that is against regulations. Now, we do hope that the department will be able to organ- ize itself in such a way that it will be able to distribute functions differently and we'll be able to supplement its previous efforts with C.E.T.A. Manpower person- nel and this is basically the reason why we're asking the Fire Department to give up some of the posits basically for custodial purposes and I think you've commented on this before. Because we want to make those slots, that money, available to other departments that may have a more direct citizen service role to perform with those slots. Mr. Plummer: Ok. Mr. Gary: Ok, if I can continue and give you the conclusion of this report. I'd like for you to turn to page 27. As I indicated to you in the front of the report we have a budget gap of approximately $3,297,228. As of to 12/10/76 we have lo- cated $2,901,000. So we are still in the red. It may be necessary that we further reduce the budget from 41% to 51% to close the gap. Mr. Grassie: I think by way of additional explanation we should say that the departments started their budget reduction plan based on what they then knew which was that we would have to make that a 41% reduction. In addition to that, of course, after they had done most of their work we had the vote on the Bell Tele- phone Franchise question so that is an additional problem that we have to face and we are simply outlining that for you here. Mr, Plummer: What is the status now of the phone company? Are they enjoying presently a free ride or is the old contract the prevailing payment? 2P DEC 1619/b Ctrs dfassie: it depends on whether you ask us or them. It is our position that the terms of the old franchise would need to exist because othetwise.... Mrs. Gordon: Mr. Grassie, I'M most concerned with the article that appeared in this morning's newspaper on the front page regarding the franchise moneys that Miami Beach claims they weren't receiving in the proper amount. Realizing that you haven't been here that long, but have you and your department been investi, gating the validity of the amounts of money we have been receiving? Mr. Grassie: The city has additionally had the practice of having its Internal Audit Department look at the books of the Telephone Company to attempt to verify.., Mrs. Gordon: I'm talking of F.P.L. right now because that's what was in the paper. Mr. Grassie: We do that also. That is one of the primary responsibilities of that unit which one of those units that Mr. Gary supervises to go out in the field and look at the records of these companies that pay a percentage or some kind of a fluctuating fee to the city. So the answer is yes, we attempt to verify that. If you're asking me am I entirely confident we've found every nickle I'd have to say no, I can't say that but we do look at it. And after Mr. Gary has had a chance to look at that operation better I'll give you a better answer. Mr. Plummer: Mr. Gary, on page 29 of 1(a)(c), tell me how you feel that this is a problem for this short run as you call it. It is my understanding that the city's contribution is now fixed. So how do you recognize that s being a further problem? I can understand (d) and that will depend on how many people terminate with the city. That's an unknown factor. But I don't equate (c) with the short run. Mr. Gary: Ok, the reason I put this in here, this was mainly based on I would say rumors that there may be a possibility that we will be caught up on litigat- ion in terms of the amount of money that we have appropriated to fund the unfunded liability of the Pension Fund. That's just at worst. Mr. Plummer: You see .... pretty good. All right. Now, another question. On page 25 you address people and we know that 90% of our budget is people. Now where do I find that other 10% in cost of goods? Have you addressed that separ- ately? Where does that appear? Mr. Gary: Yes, we have. We didn't summarize it but for each departmental proposal we have it broken down by payroll deductions and non -payroll reductions. Mr. Plummer: What page are you on? Mr. Gary: It's a combination of pages. Mr. Grassie: Yes, it's a series. Once you start into the detail pages you have a page for every department starting on page 7 and going through the rest major part of this. If you look at any one of those departmental details you will see that there is a payroll reduction column and there is a non -payroll reduction column where we detail what the non -payroll savings is. Mx. Plummer: What you're really saying is that the bulk of these layoffs are going to be January 1st with some February 1st. Is that correct? Mr. Grassie: Yes, commissioner, and that is principally conditioned by simply the physical ability of the system to accomplish the layoff. Mr. Plummer: Will these people be given adequate notice? In other words what I'm trying to avoid, Mr. Grassie... Mr. Grassie: Every notice that we can. Mr. Plummer: Well, what I'm saying is I'm sure that the department heads have at this time pretty much the idea of the individuals or the position involved and I sure would hate to see on the first day of January these people say_ that's it, good-bye. I'm hoping that these people be given at least 2 weeks notice that their job will be terminated and I would prefer that it be 30 days so that they can start trying to make provisions to provide for their families. Do you under- stand what I'm saying? Mr. Grassie: Entirely. We entirely agree. And after this briefing with the City Commission it is our intention to start that process tomorrow. 29 DEC 16 9/b Mrr PlUMMert Yes, because we're now at the 16th are- we're really 2 weeks before l Would say the bulk of these are going to be laid off. Ok. Mrs. Gordon: A question on the Administrative Assistant to the City Manager* hdW iany administrative assistants are there total? Mr. Grassie: There was only one. Well now, keep in Mind that the system hake hes created positions of assistants to the City Manager in the past and :dread therm out in various operating departments. I am only counting the position that is, in fact, in the Office of the City Manager. There was one. Mrs. Gordon: I have just one more clarification. On page 9 the amount of increys involved in that position I just mentioned is 11,900 and on page 25 it is referred to as 13,300. Is that for the additional benefits that are paid to each employee, insurance and so forth? Mr. Gary: Mrs. Gordon, that's an error. The figure in City Manager on page 5 should actually be $11,913 plus $10,393, the total should be $22,306. Mrs. Gordon: I don't understand the terminology as you referred to "savings due to position realignment." What do you mean by that? Mr. Gary: Well actually, there has occured some modifications in the, or at least a reassignment of personnel within the City Manager's Office. As a result of that realignment people are making less salaries than their predecessors. So as a result of those people starting out at lesser salaries we will generate sav- ings. But in terms of your question on page 25, that savings figure for the City Manager in terms of where it has 13,306 should be 22,306. Mrs. Gordon: We should change that then. Does that change the total or will the total be the same? Mr. Gary: It will change the total in terms salary savings but it would not change the overall total of what we have reduced as a combination of salaries and other expenses. Mrs. Gordon: But the bottom line on that page where it's 1862 would also be amended? Mr. Gary: Yes, it will by $9,000. 7. BRIEF REPORT: WATERBORNE TRANSPORTATION. Mr. Grassie: We have two quick reports that we can make, Mr. Chairman. The first has to 'o '•ri.th the '•7ater trannnort=tion s"ster. I_'!", going to asL Mr. Fosmoen to report quickly on that. And basically this is to, because the direction seems to be in opposition to a direction taken by this City Commission we're bringint it to your attention. Mr. R. L. Fosmoen: Very briefly, we were in contact with the Dade County Transit Office. We found that they are, in fact, going to be undertaking a study of water- borne transportation throughout the Metropolitan area and it is our position that we should attempt to obtain as much input as we can up front in that study rather than wait until the results are completed and we simply be in a reactive position. So we through the Planning Department in this city will establish liaison and attempt to get some of our questions answered as well as Metropolitan concerns. Mrs. Gordon: Yes, I agree with you. They would like to do it the other way. You know tell us what we should have for breakfast, lunch and dinner but I agree with you. Let's get in there and tell them what we need to eat. Mr. Grassie: If that does conform with your policy then that's the attitude that we will take. Mrs. Gordon: Well, we have no choice. They are according to the governor's re- sponse to our M.O.P. request for representation on that body that we couldn't have any because we designated or turned over all our responsibilities on transportat- ion to Dade County so, therefore, this falls in line with that policy. But they don't object to our input and I certainly agree with you on giving it to them. Mr, Plummer; i agree with that statement, not the philosophy. 30 OEC 1619.16 MIAMI VISIT OF FREEDOM TRAIN " DECEMBER 26 THROUGH DECEMBER 31, 1976. Mr. Grassie: Item 3# on the agenda is the question of the '"reecot t.let to inform you of this. It does involve the expenditure of city effort. We're trying to minimize the expenditure of city money and Mr. Grimm will give you quickly some details on that. Mr. Vince Grimm: As the commission is probably aware probably the most visited exhibit during the Bicentennial was the Freedom Train and it has chosen to sel- ect Miami as its place to close out the year and its exhibit. Unfortunately, I think both the Freedom Train Foundation who is represented here today Mr. MacLeish and the city would have liked to have seen this at a location other than the AmTrack station but F.E.C. was not only reluctant in Miami but throughout the whole State of Florida in that they won't allow them on their tracks. Generally, the Freedom Train tries to enter into a contract with the local governing agents where they would supply hotels, police, etc. at their expense. In our particular case we've agreed to cooperate fully at no direct expense to the city and not enter into any formal contract. Now Mr. MacLeish is here if you'd like to ask him any questions. Mr. Plummer: Well the question, Vince, do you think that it is good for the City of Miami? Mr. Grimm: I certainly do. Mr. Plummer: Then you think it is worth the effort. Mr. Grimm: Yes, sir. Mr. Plummer: Now what do you want from this commission? Mr. Grimm: Just information. Mr. grassie: Simply concur and send the process that we are following do not object to it we will continue to do it. Mrs. Gordon: We don't object, I don't anyway. Mr. Plummer: Fine. Mr. Grassie: Very good, thank you. 9, DISCUSSION ITEM: CONTRACT NEGOTIATIONS WITH UiNIVERSITY CF CHICAGO - INDUSTRIAL RELATIONS CENTER. Mr. Grassie: The next item is a brief status report on the contract with the University of Chicago. Mr. Plummer: Do we have any choice? Mr. Grassie: About doint it? Not really. Mr. Plummer: I saw it, I read it. Mr. Grassie: Mr. Parades will report briefly on this, Mr. Chairman. Mr. Plummer: And Joe, I promise not to ask you if you think we're getting our moneys worth. Mr. J. Parades: We met with the University of Chicago and at that time discussed the items to be taken up next year. As you are aware, we already have distributed the book list for promotional exams. Additionally, we have tentatively set dates where Civil Service felt that there would be requirements for the promotional test. Mayor Ferre: This is on the University of Chicago? Item 4? Mr. Parades; Yes, sir, And we also met with attorneys plaintiffs and it is just proceding ahead, 31 DEC 161976 Mayor Ferre: Look, I'd like to be in on these things and Reboso is gore. Can we take a 5 minute break and come back? Thereupon the City Commission took a 5 minute recess. Grassier I don't know, Mr. Mayor, if you have had enough of a status of the contract with the university of Chicago? If you are YOU know where that stands, we're talking about a contract for one in excess of $120,000. The resolution will be back on your agenda your agends where we formalize the discussions of the Committee of hot listed but it will come back as a resolution at that time. Mayor Ferre: All right. 101 PRESENTATION OF INITIAL REDUCTIONS TO 1976-1977 ESTIMATE BY CITY MANAGER report on the satisfied that year, something at the end of the Whole. It's Mrs. Gordon: Mr. Mayor, I asked a question before of the Manager that I think is important to ask you and the other commissioners. Are We going to take aoticn on this budget amendment today? Mr. Plummer: Which budget? The reductions? Mrs. Gordon: Yes. Mr. Plummer: I hate to tell you but the motion on the floor which you and I voted against, really this commission has been circumvented from that decision. Person- ally even though I voted against giving the Manager a free hand I'm in accord with these reductions as outlined. But, in fact, the motion made by the Mayor gave the Manager the full right and discretion to make the cuts and implement so I don't think there's any action needed by this commission today. Mrs. Gordon: I don't think that was a motion, J. L. Mayor Ferrer I beg to disagree with you. I think that was the motion. There's no question that that was the motion but that's not the point. The point is as I said a little bit before that I think we have got a responsibility to delegate, that doesn't mean abdicate. And I think there is a distinction and, Therefore, I do feel that we have some responsibility of reviewing with the Manager so that later on we don't jump all over him. And I think it is only fair for us to assume some of the responsibility of his decisions. Mr. Plummer: I make a motion at this time that we accept the City Manager's out lined proposal in a book titled "Initial Reductions to the 1976-77 Budget Estimate.", Mayor Ferre: (INAUDIBLE) Mrs. Gordon: Well that's the reason I asked the question, were we or were we not going to say anything. Mayor Ferre: Rose, we have a motion and you can speak for or against it but let's see if we've got a... Mrs. Gordon: Wait until Manolo gets back in the room so we have a full board. Mayor Ferre: Well, while we're doing that did you cover that water transportation? Mr. Plummer: Yes. Mayor Ferre: And what was the conclusion? Mr. Plummer: That the county's going to do what they want but they would like us to have input. Mayor Ferre: Well, Mr. Manager, Commissioner Reboso is back. Is there a Second to the motion made by..., Mr. Plummer: The motion is that we accept the book, "Initial Reductions to the 1976.77 Budget" as outlined by the Manager for implementation. Mrs, Gordon: There was one minor adjustment in the figures that we diScu8sed,,,, Mayor Ferre: Rose, T'll last you do that in a moment but I want to see if there is a second. Who seconded it? I'm sorry, I beg your pardon. 32 D E C f 61976 Mrs Gordon: knew about, Mt, Grassier We will inane the correction, Mrs, PiuniMet: As amended. that's wended, Well, thee May ► be other ainendMe its which t dlin` t The preceding motion inteoduced by Commissioner Pluihmer anti Seconded by COMMiSsiOher Gordon was passed and adopted by a unanimous vote of the City CoiittiSSiOh, Said motion was designated Motion No. 76-1101. See Resolution 76-1167. Mayor Ferre: How do you like that, we spent an hour in discussing a 60 or $70,000 item and we just passed a $5,000,000 item in 30 seconds. Mrs. Gordon: You know what you just did? You just said to the Manager we have faith and confidence in you and that's all. That's all we did. Mayor Ferre: You know what that's called? It's not the Peter Principle, what's that other guy? Mr. Plummer: Paul. Mayor Ferre: In management. That Englishman who wrote that book. Parkinson's Law of Diminishing Returns. And here's how it works: You spend three hours on $60,000 items and you spend 30 seconds on $3,000,000 items. It always happens. You notice? Always happens that way. I thank you all for passing Parkinson's amendment and on we go to the smaller items so we can spend hours discussing. Mr. Plummer: If you'd allow me, Mr. Mayor, to have my way as you did here other things would go just as quickly. Mrs. Gordon: I'll second that motion. 11. MOTION OF INTENT: TO IMPLEMENT PLAN AS OUTLINED BY CITY MANAGER oN FEE WAIVER POLICY. "r. Grassie : The last item on the Co"r+ittee of the Whole agenda, Mr. Mayor, is the question of the fee waiver policy. Here what we're looking for is direction from you. It was on your agenda before, it was not discussed. We simply want to know what you want us to do with it. Mayor Ferre: Mr. Manager, in the light of this new way of running the city and in light of the previous established precedent by Mitchell Wolfson and Richard LaBaw in Gusman Hall I commend you for the action and I want to say that I fully support it. Mr. Plummer: I disagree with your figures. I think they're ultra conservative. I make a motion that we implement the outlined plan of the City Manager to help alleviate the problems of financial burden in this city and that we implement his recommendations. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-1102 A MOTION DECLARING THE INTENT OF THE CITY COMMISSION TO IMPLEMENT THE FEE WAIVER POLICY PLAN AS SUBMITTED BY THE CITY MANAGER THIS DATE IN ORDER TO ALLEVIATE SOME OF THE FINAICIAL PROBLEMS OF THE CITY. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre 33 DEC 161976 Mayor Ferre: In voting .I wdrt L✓ rcally c.s.rxission. 1 '>'otu yes. But you know I don't think this would have been possible a couple of years agar Mr. Plummer: That's right. Mayor Ferre: You know what we just did? We just Waived, probably one of the sttongest political arms that we in the city have. It's one of the Very few things that we have togive out, for those that right editotials, or g goodies and we just waived an awfully lot of goodies. I'm proud of you. Mr; Plummer: I make a motion at this time that the City Manager by letter instruct all the people who over the peiod of years on a recurring basis be informed cf the new policy so that they cannot come in at the last minute and say we didn't know about it. Notify them now. Mayor Ferre: You don't have to make the thotion Will you do that, Mr. Grassie? Mr, Grassie: Yes, sir. admihistratiVe thing. Mayor Ferre: All right, now I have the first exception to that rule that I'd like to bring up to you. Where's Frank Cobo? Steve Fisher was just here on some carnival who wants... Is it the Diabetes or the Junior Diabetes or Cerebral Palsy? Well, I'll bring it up to you this afternoon. Vince knows. Some carnival that goes on between the 21st and the end of the year. Do you know which one that is? We'll be back. 12. BRIEF DISCUSSION ITEM: WATERBORNE TRANSPORTATION "a"or Terre • T '•'a. n' t here nn the waterborne and I didn't hear the answer. When you and I met last week I asked you to put together for me all of the memorandums from Rose Gordon, myself, Paul Andrews, etc. on waterborne transportation. Have you been able to do that? Mr. Grassie: I don't have it completed yet, Mr. Mayor. Mayor Ferre: I found one in my file going back to February of 1976 from Paul Andrews to members of this commission. It says, "Pursuant to discussion," I':n just going to read you two or three paragraphs out of this. "Development of Bi- Centennial Park, City Commission expressed interest in providing some mode of water- borne transportation..." Then he goes into the types and the Planning Department had indicated the results, analysis, the local sightseeing operation and the prev- ious comparisons, San Antonio and so forth. Conclusion: "As the investigation of waterborne transportation proceeds and the elements of such operation become more involved the overall scope, magnitude and operational aspects become considerably more complex. The attached map indicates the potential locations." Then he goes on on that one. "Prior to the solicitation of any proposals or negotiations con- cerning waterborne transporatation specific determination will have to be made concerning commitments to waterborne transportation including commuter transit operations and or attached scenic water transport linkage." ... "Additional con- siderations will include further meetings and discussions with private boat operators. ... Another approach will be reviewed is one that provides for the installation of docking facilities and so on." Actions to be taken: "The administration (which is you) will have a preliminary design for a tourist and transit boat docking facil- ity to be located at Bicentennial Park." "This design will accomplish by wor:cing Marine Counsel... It is proposed that similar facilities then be considered for Watson Island, Port of Miami Restaurant, Seaquarium, Planet Ocen, Vizcaya, th3 Four Ambassadors, Miamarina and Plaza Venitia. Each of these areas then would be requested to develop boat docking facilities. Existing tour and transit boating enterprises could take advantage of the new facility. The city would then be in a better position to receive proposals..." That was dated February 9, 1976 w.iich makes it exactly 10 months ago. My question to you, Mr. Manager, in this long awaited proposal that now is going onto two years, three years - where are we? Are we just sitting around waiting for Metro to do all of this? Are they going tc do it? You know they may have transportation right but we're not talking str:.ctly of transportation. We're talking about tourist development and a lot of othe_. th,ngs. What I'm saying is I'm not satisfied with saying Metro is doing it and we're sitting. Mr, Grassie: I understand, and really the reason it's on your agenda is so that you can tell us that because I felt :ilet that was your feeling about this whose question. I'm assuming that the feeling that you're conveying to us is that you 34 DEC 161976 1 Ate hot satisfied that we simply let this rest as a Metropolitan problem but that We also take a strong city initiative in this area. Mayot Ferre' It's been resting for three years. Mt, Grassie: I Understand, And I have not been able to find anything in the files that represents a lot of staff activity on it. Mayor Ferre: Well, here is a memorandum dated February 9th which obviously has maps and back up material. Obviously somebody did something. Mr. Grassier Yes, ,,ut we do not anything that has gotten to the point where we can bring it to you as a recommendation as far as I know. Mayor Ferre: Joe, try to simplify this thing. We went through this exercise before. Again you weren't here. There are three different forms of water trans- portation that we are considering. One is a form of mass transit which obviously falls within the purview of Metropolitan Dade Coutny Department of Transportat- ion and that is how do you get people from the south part of the city to the north part of the city by water. I conceed and agree that is their primary interest. There was a second idea and that was to try to induce the private sector to get a showboat type of old waterwheel paddle type of thing that would go from the Rusty Pelican Restaurant, Vizcaya, Coconut Grove, the Dinner Key Marina, up and down and back and maybe have an hour tour in the way that in Zurich and these Swiss lakes you have transportation around the lake. The third idea was bases on the second to then implement beyond that a water taxi type of a thing in the same sense that you have it in Venice where you jump into the little boat and it takes you to the Lido and you go back. In other words it would function on a meter or a per hour basis like a taxi functions. Now, we've got to start some- where and these are three separate and distinct things. One has nothing to do with the other. One is touristically inclined, one is transportation. And the county may have an interest in transportation but I doubt very much if they're pursuing the idea of a water taxi or of a boat that goes around connecting a smaller circle and a larger circle, the smaller circle being Bayfront Park, Bi- Centennial Park, Watson Island, Dodge Island and back. The larger circle being Miami Beach all the way down to Coconut Grove and back. Now we need to have some kind of answers; what kind of boats are available: We go to New Orleans where there are river boats; if you have to buy them in Switzerland and how much do they cost and can we put it out for bids and who is going to develop it; is this going to be part of Watson Island; is it going to be part of the tourist; are we going to run it ourselves or are we going to let the private sector do it? Ok. 13, AUJTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH FERENDINO, GRAFTOI'N, SPILLIS, CANDELA FOR PROFESSIONAL SERVICES — rowNlum LION CENTER, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-1103 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE ARCHITECTURAL FIRM OF FERENDINO, GRAFTON, SPILLIS, CANDELLA, ARCHITECTS, ENGINEERS, PLANNERS FOR PROFESSIONAL SERVICES IN CONNECTION WITH WORKING DRAWING FOR THE CITY'S DOWNTOWN CON- VENTION CENTER FACILITY, WITH FUNDS THEREFOR ALLOCATED FROM THE CONVENTION CENTER GENERAL OBLIGATION BONDS AND THE SALE OF CERTAIN LAND AT VIRGINIA KEY TO THE MIAMI-DADE WATER AND SEWER AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 35 DEC 161976 14, AUTHORIZING VALIDATION PROCEDURES AND SALES FOR ENTIRE $2. OOO,OOO HOUSING BOND ISSUE. Mayor Ferre: ... Charlie, I think for the record you ought to eXplain. 'Let ate put it to you this way. Rose Gordon is running into a lot of people and t air too that say, "What is this, we passed this $25,000,000 bond issue, you guys are sitt- ing on your tail, you're not doing anything, you haven't validated." Martin Fine and --- Mr. Charles Crumpton: If I may, I posed this question to Mr. Guandola a number of times. This particular bond issue, as you're well aware, is one of a kind in the nation. There is no precedent for it. He has had to research in many avenues and many areas in order to determine from a legal point of view that there are no problems or complications that the city would run into through this particular process. So he's paving new way so, therefore, it has taken much longer than we all had anticipated because of this paving a new way in the process. Mayor Ferre: Ok. When are we going to have it done? Mr. Crumpton: Once the resolution is passed today then as fast as the City Attor- ney's Office can crank out the mechanism it can be filed tomorrow or Monday. Mayor Ferre: Well you know we waited 8 months, one more week more or less... But you're telling me before the end of December it will be done. Mr. Crumpton: Oh, yes. Mayor Ferre: That's to the Supreme Court or are we going... Mr. Crumpton: No, you've got to go through the process. It's to be filed in the local circuit court first. The attorney can speak better to that than I can. I'm paraphrasing their statements. Mayor Ferre: What does Mr. Guandola say is the time schedule for us to get in to the Supreme Court? Mr. Crumpton: He's on his way down right this moment from upstairs. Mayor Ferre: When he comes down we'll take it up but in the meantime I guess there's no harm in passing the resolution. Who wants to move it? Rose, you want to move it? The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-1104 A RESOLUTION PROVIDING FOR THE ISSUANCE OF $25,000,000 HOUSING BONDS OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. DEC 6 '1976 mi! 111101IU4111;111111 11!1gi 15. HORIZE CITY P GER TO AMEND PROFESSIONAL SERVICE AGREEMENT WIlH PEAT, MARWj C,�,K,, ITCHELkJ� P CO. FOR AUDIT OF RECORDS & FINANCES OP UITY COMMUNITY DEVELOPMENT PROGRAM. Mrs, Gordon: I have a question just to ask. What was the amending regardifig Mt. Grassie: It is the incorporation of an audit for the Community DeVe1Opfi i Program in the regular audit of the city. Mrs. Gordon: Do you have to use the word "to amend" the professional serVide agreement because you're adding that to a previous agreement they have? Mr. Grassie: Yes. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1105 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH THE FIRM OF PEAT, MARWICK, MITCHELL AND COM- PANY, CERTIFIED PUBLIC ACCOUNTANTS, APPROVED BY THE CITY COMMISSION BY RESOLUTION NO. 76-733, ON JULY 22, 1976, FOR THE PURPOSE OF CON- DUCTING THE AUDIT OF THE BOOKS, ACCOUNTING RECORDS AND FINANCES OF THE CITY OF MIAMI'S COMMUNITY DEVELOPMENT PROGRAM FOR THE PERIOD BEGINNING MAY 16, 1975 AND ENDING SEPTEMBER 30, 1976 AT A COST OF $6,000 TO BE PAID OUT OF SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 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 Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 16. APPROVE PAYMENT TO PEWNEKWyP INSURANCE AGENCY, INC. FOR RENEWAL CITY'S BOILER AND MACHINERY INSURANCE COVERAGE. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1106 A RESOLUTION AUTHORIZING AND APPROVING PAYMENT OF $11,366 TO PENNEKAMP INSURANCE AGENCY, INC. FOR RENEWAL OF THE CITY'S BOILER AND MACHINERY INSURANCE COVERAGE THROUGH THE MARYLAND CASUALTY COMPANY, FOR THE PERIOD FROM JULY 20, 1976 TO JULY 20, 1977, WITH FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and, Adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None, DEC169i 17. DRI F tSCUSS1Oi: DEFERMENT OF PROPOSED AGREEMENT FOR DESIGN SERVICES OF FORT DALLAS PARK, Mayor Ferre: Joe, before we vote on this, are you sure we wtn't� fi@afl, going to end up changing our minds on that are we? Mr. Grassie: The architect to be designated? Mayor Ferre: In terms of going ahead and doing anything with that park if We etd up doing other things in that convention area. Rose knows what I'm talking about. Mrs. Gordon: Yes I do. Could we hold that up until our January meeting? Mr. Grassie: Yes, of course. Mrs. Gordon: Because by then we should know something regarding other things. Mr. Grassie: Yes, we'll table it then and bring it back on your next agenda. 18, BRIEF PERSOf1AL APPEARANCE; MR. GUANDOLA - BOND COUNSEL. Mayor Perm: Mr. ruan,3ola, re hannv to have you here. It's always a pleasure. I notice you like to come down here in December and January rather than June and July. Is that why it's taken 8 months to get this thing under way. Mr. Guandola: The basic action was taken in February in this particular sit- uation and we had• to have an election. There had to be action taken in canvassing votes and a basic agreement entered into between the county and the city and that agreement was entered into on July 19, 1976. There really wasn't much that could have been done prior to that basic agreement. From there on the county had to prepare a financing plan and develop the initial project to submit to the city a financing plan for the first project... Mayor Ferre: Joe, let me cut through all that. When are you going to submit it to the court? Mr. Guandola: We're going to submit it to the court in the next two or three days. Mayor Ferre: And in your estimation how long will it take before it is validated? Mr. Guandola: We have to have about 20 days notice at two different periods and we will have a Supreme Court decree. Mayor Ferre: Yes. You want to go all the way to the Supreme Court. Mr. Guandola: Yes, on two issues. We will have a Supreme Court Decree. If the Supreme Court gives precedent to this particular matter because of the public issues involved... Mayor Ferre: When? Mr. Guandola: In about the middle of February. Mayor Ferre: In your opinion, so by March we should have this behind us hopefully. Mr. Guandola: I would think so, if the court gives it precedence. Mayor Ferre: Do you forsee any problems? Mr. Guandola: I do not. We have the two constitutional issues that have t 1 be passed on but... Mayor Ferre; But you don't forsee any major problems? M. Guandola: I don't forsee any major problems. Mayor Ferre; Than% you very much and enjoy your stay in Mid. DEC 16197i PLAQUES AND SPECIAL ITEMS. Presentation of "Dia de las Religiosas Hispanas" priciaMation to Mft demh§ Castillo, Sister Ada and Sister Marta. Presentation of a Bicentennial Certificate of Appteciation to Mr. deanpierfe Voutat, for the excellent arrangements made for the Miami.=Florida gicentannial flour of Europe. Presentation of Bicentennial Certificates of Appreciation to the participants in the dedication of the Historical Marker at.Bicentennial Park. Proclamation to Edison -Little River Self -Help Community Council. Presentation of Plaques to members of the Cultural Arts Advisory Committee. Proclamation of Alien Address Report Month. Presentation of a Bicentennial Certificate of Appreciation to Mr. David Ba1kin for the Fifth Annual Tour of Coconut Grove Bicycle Classic held on November 14, 1976. Presentation of a Bicentennial Certificate of Appreciation to Sculptor Richard Gill for his "Ode to America." Donation of a painting depicting Christopher Columbus discovering America by Mrs. Angela Muns Blanchart. 20, RETAIN ED COLE AS SERVICING AGENT OF EQUITABLE LIFE ASSURANCE SOCIETY Ma,!or F'errR, Mr.. Fri role is here and vesterdav T requested that Commissioner Plummer meet with the administration and come back with a recommendation and then at that time--- Mr. Knox, do you have the resolutions prepared on Mr. Cole? Would you have somebody pass those out after the discussion. Alright, Mr. Plummer. Mr. Plummer: Mr. Mayor, as you requested I met with Mr. Gunderson this morning in my office prior to the first meeting in which we discussed the services of Mr. Cole, what it had been in the past and what I felt that it is present and could be to the future. I'm not going to try to speak for Mr. Gunderson, we did have some dis- agreement but 't don't think either of us were too far apart. Mr. Mayor, he cor- rected one mistake that I made yesterday that Mr. Cole is the agent for Equitable and no question about it. The problem that is arose now is making him the servic- ing agent for the City of Miami. And it is my feeling after this meeting that Mr. Cole has played an important role in the help to this city of its insurance and, in fact, will be in the upcoming months when we possibly will be going back out to negotiations someone most beneficial to this city. Although it does not preclude the fact that he is performing in my estimation a worthwhile job at the time the importance of his job will be in upcoming months helping us to negotiate possibly a new company for a better deal to the City of Miami. Based upon that, Mr. Mayor, it would be my recommendation that Mr. Cole be retained as service agent. I so move. Mrs. Gordon: The question came up yesterday regarding whether in house servicing could be done at a cost saving factor. The Manager seemed to feel that that was a possibility or an actuality. Is that right, Mr. Grassie? Mn. Grassie: That's correct, Commissioner. The staff informs me that in their estimation the services that you're talking about will cost the city between 12 and $20,000 a year, a cost that you would not otherwise have; that we could handle through our staff and through the services that Equitable would provide us without additional cost. The judgement that I think you're being asked to make is whether car not the side benefits of having Mr. Cole related to the city in this way, the side benefits in negotiating the company are worth that to you and that's a very intangible kind of a thing. But to answer your question again and to reinforce the position that I took yesterday, this arrangement will cost you between 12 and $20,000 additional that you would not otherwise spend. Mr. Plummer: In defense, Fuse, of that let me say that I think Mr. Grassie would acknowledge the fact that Equitable really was not interested in writing again this year our insurance. I think that was pretty well accepted after the bath they took last year. They said in reality this: "Well, if you want us to write 39 DEC 1619/ o it we'll write it but at a al increase." Now it was through the efforts of _1r. Cole, and I'm convinced it was through his efforts - and remember we're talking about a $5,000,000 premium that through his efforts it was reduced to a 14 i.hctease just cut it in half - and they are covering us for this coming year. t have to say this. The people that Mr. Grassie has assigned to handle the insUr= ahce problems of this city are good people. They are competent people, to the last three months in my conversations with Marshall Litvak I have gained great respect for him. But I have to also say that Marshall Litvak does not have the clout with the home office that Mr. Cole enjoys. And I think yes, that we are looking to the future but I want to keep Mr. Cole on as this city to help us and to assist us in the things that he's been doing and the things that he can do. Mts. Gordon: Ok. I want to say that I asked the question to have everything into the public records. I relate this as a service, a specialized kind of set. - vice Maybe as a similar reason for the request for professional outside service for development and design of a mini -park which if you really wanted to I'm sure through your in house services you could design and develop. And if you can I don't know why you can't but on the other hand you don't. So if we're going to be using consultant services of a specialized and professional nature then I have to go along with Mr. Plummer that the best possible service for this kind of .s need would be the one who is most familiar and has the experience with this item. Rev. Gibson: Mr. Grassie, I want to join the chorus only because I've always been an advocate of in house hiring. But I want to tell you what I learned. By the way, I used to work for N.C. Mutual Life Insurance Company.... I want to tell you this. It's alright for one of our staff people to be talking to that insurance company. They have 10,000 ways how to skina a cat but they won't skin the cat with the man who is in the ballgame with them, as much as I don't want him to have that money but I don't know any other way. Plus, Mr. Mayor, you rem- ember I said yesterday the Lord even rewards you when you pray and since he saved us in that other instance I think we ought to reward him so that our friend might Mayor Ferre: Further discussion on this item? CA11 the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1107 A RESOLUTION RECOGNIZING THE FIRM OF EDWIN H. COLE, C.L.U. & ASSOCIATES, INC. AS SERVICING AGENT OF EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR THAT CARRIER'S GROUP, LIFE AND HEALTH INSURANCE COVERAGE OF CITY OF MIAMI EMPLOYEES FOR WHICH PAYMENT IS TO BE MADE BY THE CARRIER OF THE NON -LEVEL SERVICING AGENT'S COMMISSION BASED UPON THE PREMIUM FOR THE PERIOD COMMENCING OCTOBER 1, 1976 AND PROVIDING FOR THE WITH- DRAWAL OF SAID RECOGNITION UPON 30 DAYS NOTICE TO THE CARRIER IN WRITING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and Adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOSS; None, DEC1,61976 �Ip�N��ll���!!!191I�!i!!!I�IIIII,III�,I' AUTHORIZE AND DIRECT CITY MANAGLR TO PAY MONIES DUE TO Li GONG a" COUNSEL FOR THE RETIREMENT SYSTEM, Mr. Plummer: Mr. Mayor, the item which I brought to your attention late yestets, day afternoon in reference to Mr. Gong, I would like to make a motion that the City Manager be authorized to pay Mr. Gong up and to and including his existing contract, that no payment be made for any contract that is not presently budgeted but that he be paid for those services which were under his present existing conm, tract. Mayor Ferre: in other words we're not going to be paying him to sue us. Mr. Plummer: No, sir. The following motion was introduced by Commissioner Plummer, who monied it adoption. MOTION NO. 76-1108 • A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO PAY MONIES DUE UP TO AND INCLUDING EXISTING CONTRACT TO E. GONG, ATTORNEY AT LAW, COUNSEL FOR THE RETIREMENT SYSTEM. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 22, AUTHORIZE AND INSTRUCT THE CITY MANAGER TO IMMEDIATELY PROCEED WITH CO4STRUCTION OF VELODROME, Ma±,or Pc!rre: Mr. Manager, nave Balkin staved behind to see if there was any dis- cussion on the Velodrome. Is there any way we can get that thing going? Mr. Plummer: Well we got a memo on it. Mayor Ferre: I know, I read the memo. The memo says that Metro has us stopped. My question is did you figure anything out, Mr. Knox? Mr. Grassie: The only thing that we could do to get it going, Mr. Mayor, is to move its location in my estimation. Mr. Plummer: I've got a better idea - we don't give them the fill today. Mayor Ferre: No, that hurts us. Mr. Knox, we need your legal opinion. We're in the middle of a controversy with Metro about a Velodrome out at Virginia Key. The precedent that it sets is pretty severe because in effect what it says is the City of Miami Commission doesn't have the authority to proceed with some public projects. If we establish, if that's the case then we may as well know about this. In other words anything in the future that we want to do they can refuse to give us the permit because we don't have a connection for a sewerage line or something like that. As I recall the problem is precisely that. Right? Mr. Grassie: That's correct, it's water. Mayor Ferre: It's water. Now you know it's a pretext that they've found just to stop us from putting up the Velodrome on Virginia Key and it's nothing more than that. Now, we one of three things: We give up; we appeal to the County Commission or we fight it in court. Now I don't want to go fight it in court if we're going to lose. Would you give us a legal opinion on that and research it? Mr. Knox: It is my opinion, it is my information up to this point that the con- troversy surrounds whether or not there will be bleachers at the Velodrome, if there are bleachers then the county's position as I understand it is that there have to be provisions for water and what have you to accomodate great numbers of people. 41 DEC 161976 Mayor Ferre: Do we need the bleachers? Mr. nave Balkin: No, but I think that that's another preterit on the patt of the county because in speaking with some of the people from the county including o11in Morrisey they're simply opposed to any project on Virginia Key of any kind and the water issue is indeed a pretext because the velodrome wouldn't use any water with or without bleachers. Mayor Ferre: What I'm saying is these people are making a decision for us. Mr. Balkin: Exactly. Mayor Ferre: The City of Miami Commission does not have the authority to proceed on something that we've decided to do. So all I'm saying is we know it's a pre- text and we know it doesn't mean anything except that they're just asserting their decision making power over us. In my opinion I think then we ought to pro- ceed and build the Velodrome without the bleachers. Mrs. Gordon: I agree with you, Mr. Mayor, because I want to say how I feel. I feel that this is the first step in anumber of other steps that are going to be taken to diminish whatever is within the power of this elected body to be able to perform on the behalf of the citizens of this community. And I think if we don't step forward now and assert our rights which is the rights that we have by being duly elected by our citizens then we might just as well close shop and go home. Mayor Ferre: Which is what some people are planning to tell us to do. Mrs. Gordon: I recognize that and I see this as the first step. Rev. Gibson: Mr. Mayor, I agree with what's being said but I would hope that we, the commission not the manager would go to the Metro Commission and find out if that's their position and if that's their position then we ought to not only do that but do the other thing. You know what I mean? Mayor Ferre: See, the question is this: Do we go hat in hand or... Mrs. Gordon: No! Rev. Gibson: Oh, no! By no means. Mayor Ferre: How do we do it? See, my advice is let's move ahead and build the Velodrome and let's hold off with the bleachers and with the bleachers I think we either should go to court if you think we can win it or go to the commission if you don't think we can win; And just leave it to you that way. Mr. Plummer: I think you're wasting your time. Mrs. Gordon: Why? Mr. Plummer: Rose, because I don't know about the rest of you all but I am damned sick and tired of the county saying, "Thanks, we owe you." Now you know I'm going to tell you something. The only way you're going to make them listen is to hit them in the pocketbook. Mayor Ferre: How's that? Mr. Plummer: You know they're playing games. They're playing games. Now by God, let me tell you something. My mother always told me fight fire with fire. Don't give them the fill for that causeway. Don't give them the property over there on Key Biscayne. Don't give them some of this stuff. You want to bargain, I'll show you how to bargain. Mrs. Gordon: Ok, let's start moving then. Let's do what we want to do and ... Mx. Plummer: They think they've got us completely brow beaten, well I'll show you. Mrs. Gordon: Ok, move the motion and then you'll get a second. Mayor Ferre: Well wait, the point simply as I understand, you know you're making all these statements. You can deny them the fill for the causeway... M . Plummer; That's the only thing that's on today's agenda. They want fill. 42 DEC 161276 Mayor, Vefte: gut dMi't you see that that fill is just as important for us as .;.t fdf theft►? Mt, glummer: Yes, because I've got news for you, 1'pn going to go into depth oh that thing because I'tn not giving it to them. Mayor Ferret Well I'll tell you I do want to give it to their because I want that sate 50,000 yards for us in Bayfront Park and we're going to heed it. Mr, Plummer: At your cost at your hauling. Mayor Ferre: No, they've got to haul it in. Mr. Plummer: Oh no. Mr. Balkin: If I may point out a couple of things, one of which is I think that the Velodrome is as important to the county as the fill is to the city, one hand washing the other. don't get into that one Dave, because you're not going to win aFerre: Hey Look, let's take one thing at a time and we'll anddMayor it''sstoo complicated anyway.'ll come up to Plummer's problem. �dhe Velodromemaybe lsethereaaemotionto othat weit. proceed the meantime we're talking about with building the Velodrome? Rev. Gibson: I move that we proceed with building the Velodrome. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 76-1109 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO IMMED- IATELY PROCEED ATE CONSTRUCTIONFTHE VELODROO BI,EACIiERSME ON VIRGINIA KEY WITHOUT Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote- essioner Manolo Reboso AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Mr. Grassie, the commission is unanimous in asking you to proceed with the construction of the Velodrome wpreviously space forutheebleacherd minuss to be built e bleachers.Now, I would imagine that you ould leave room because once we've built the Velodrome I'm sure we'll get the permit to build the bleachers. Ok? Mr. Grassie: I'm sure that as a part of this that you will want me to make sure that we're not under injunction. Mayor Ferre: Yes, of course, provided that it's legal. And Mr. City Attorney, you also are under insturction to give us some legal advice as to where we proceed to get the rest of this thing done. A11 right, sir, thank you. ILVILLA PLAT DEFER ACCEPTANCE SO CITY COMMISSION CAN INSPECT PROPERTY Oatil tt 5' es Me, " iybt, r. r name is Paul Stokes. t fl With the law firm of bmathers and Thompson. We represent Seaboard Coastline Railroad Company which has afi easement over the property that is contained in this plat. There has been A controversy between the railroad and the owners of the rest of the property shown on that plat with regard to public access to one of the tracts. Prior to the purchase by the present owners this tract, the general public had access to Seaboard's track to off-load certain commodities at the Miami Produce Center. In fact, that situation existed for some 30 years before the present owners Fur - Chased the tract, secured the vacation of a road through the middle of it and put a fence around it and is now charging the public a fee for access to facilities that they had a right to prior to the ownership. The railroad and the present owners are in the process of negotiating the controversy and they're optimistic about a suitable disposition so the railroad would ask the commission to defer this matter to the next agenda and we hope that by that time we'd be able to re- solve the difficulties. Mr. Plummer: By this Commission making a decision 'how will it affect the court case? Mr. Stokes: Well, the question, you're being asked to approve a plat that while it recognizes an easement to the railroad does not recognize the access by the public to this easement. Mr. Plummer: Sure, the Plat Committee took that into consideration. Mr. Stokes: Well, our objection is that the plat itself does not recognize that public access. The original easement recognized that this was what is known as a team tract rather than a private tract. A team tract in railroad parlance is a tract that the public would have access to. That aspect of the easement is not set out on the plat before the commission. I was advised this morning that the owners and the top management of the railroad are negotiating right now. The railroad asked me to come down this afternoon and to advise you (1) of the prob- lem, (2) the negotiations and (3) that we expect to reach a resolution but would ask the commission to defer consideration of the plat until next time. Mrs. Gordon: If this is approved by us that would preclude the access by the public. Is that correct? Mr. Stokes: Well, it would approve a plat that does not reserve the right to the public to the tract. Mrs. Gordon: Well, it would effectively be eliminating the public if they so chose. Right? Mr. Stokes: I think so. The next step would probably be some sort of litigation which we're trying to avoid right now between the railroad and the owners. Mr. Grassie: Commissioner, I would suggest that we have the Public Works Director speak to this question, Bill Parkes. Mr. W. Parkes: At the present time we have a road which was 21st Terrace closed by a resolution in 1974. This makes it official as far as the closing is con- cerned. But part of that resolution said it was necessary for them to plat the property. The owner owns the property to the north and to the south, he has fenced it in and there is an ingress and egress easement for the railroad rights on his property but the railroad is strictly on his property. What's a legal problem now, whether they have a right to charge or not charge. Mr. Plummer: That's not our problem. Mr. Parkes: That's not our problem as I see it, He's going through the platting procedure as provided by the law. Mr, Plummer: As we requested or demanded, Mr, Stokes: But the easement as originally conferred upon the railroad by the city was what is known as a public team track which carried with it the iMplicat- ,on that the public would have access to it, I have the railroad's file on it. and I have a letter in this file 4-4 ;which about the time of the vacation proceedir_gs 44 DEC 161 76 Tavilla indicated that ht would not restrict access be the public to the tract. The vacation procedings proceeded and N.W. 2lst Terrace was vacated. Subsequent to that Mt, Tavilla put up a fence around the entire property and he's now charge ittt people who never before... Mrs. Gordon: I'm going to defer this, M. Manager, I would like to go out and inspect this property and physically determine whether or not previous rights of the public are being diminished. I move. Thereupon on motion of C:ortmissioner Gordon, seconded by Commissioner Gibson, the preceding item was deferred by a unanimous vote of the Commission. 24, AUTHORIZE CITY NAPAGER TO ENTER INTO AGREEMENT WITH LOWE ART MUSEUM UNIVERSITY OF MIAMI, TO SUBCONINACT THREE (3) C,E,T,A, POSITIONS, Mrs. cordon: I want to ask some questions. I understand pretty much about it and I do think it is going to be great from what I've heard. However, I think it would be nice to have something in the records from you as to what ycur in- tentions are with regard to the city after receiving these C.E.T.A. slots and so forth. Do you mind': Mr. John Sarrat: No, :iot'at_ all. With the three C.E.T.A. positions we will be in a position to coordinate ,a considerable amount of cultural programming that exists in Dade County, tie City of Miami that is not getting out to the public at this time. Right now we have at the Lowe a considerable amount of programming that stays within our roar walls. That's wrong. We need to get that programming which exists out to our public in the City of Miami. Besides the Lowe Art Muueum there are a great many other cultural institutions with similar programming and I'm not talking about the visual arts alone. I'm talking about the cultural arts as a whole that with coordination we can have for the City of Miami residents and for our visitors a Much more important educational program so that through these C.E.T.A. positions we can expand our cultural programming by making it us- able by getting it out and getting it used which we are not now doing. Mrs. Gordon: As I uxie.::;t3i;>i i t , correct me if I'm wrong, there will be coordin- ation with our own cultural pe-grans that we are presently involved in. Is that correct? Mr. Barret: That is absoluteiy.correct. Mrs. Gordon: And I think Mrs. swan is here who has been involved with some of these programs. Is there any questions that you might have that you'd like to ask or enlighten us about with regard to what you know is happening and which I think is wonderful? Mrs. Nora Swan: I think :_rat this is just wonderful. This is the direction that we have been taking in the city and we do want a people oriented type of program for the arts and certain one that is indigenous of our culture. Mrs. Gordon: Would this he coordinated then with what you're doing? Mrs. Swan: Will we be working that? . Mayor Ferre: That's up to the City Manager and Mr. John Barret and I have no problems with that.. Mrs. Gordon: Will that b.e a coordinated effort with the city's program? Mr. Grassi.e: There will not be conflict but it is not going to be a program run through Mrs. iwan's effort.,. No. It is going to be a separate initiative and it is going to run in parallel and there is no reason why several of these pro- grams can't take place at the same time. Mayor Ferrre. This is a University of Miami program in the City of Miami. Mrs. Gorden: can't there be something that's done somewhere somehow that we don't have this program here ael th t program there and this program over here and the other persons over t:heie ' Whit I'm trying to establish and the reason for my question, the reason for t:al.ling her forth is to ask why so many fragmented pro - grape. Why not one large eonc:ett.:ed effort for the community to know that's happening and that: this h(beoeght to the community in a unified manner not in segments? 45 DEC 161976 Mtc. GfaSsiet I suggest to you Commissioner, that you know we are unintentiotally staffing what is basically a philosophical kind of a discussion. Mrs, Gordon: That's correct. Mt. Grassie: I have a feeling that people and particularly cotMunities are much More complex than that. We all pay lip service to the question of coordination: Everybody is in favor of it. Everybody is in favor of coordinating and COMM ttiia' eating everything. In fact, life is more complex than that. Mayor Ferre: You'd better not let Jimmy Carter hear you say that. Mr. Grassie: Well, but the truth of it is that if we want to take advantage of many initiatives, of many talents, of many different people interested in doing different things that you cannot say that everything is going to be run one way. I guess all I'm saying to you is that it's more important to have good programs that run in parallel and support each other through good results than it is sim- ply to talk about coordination. There is no lack of coordination, these things Can exist side by side. There's no reason not to. Mayor Ferre: Let me verbalize taht differently and put it this way. One of the problems, and this is heavy so forgive me, one of the problems is that we have in this community centrifugal forces. Right? In effect, Mr. Barrat, what you're saying is that you want to have centripetal forces working here to bring things more to a center. Now you're going to have them coming in from different direct- ions. They're all coming into.... Look, people here have different views and different things and we're all entitled to our opinion. I want to tell you that I happen to know what is going to happen through the University of Miami's efforts. I guess we shouldn't really talk too much about it because it's going to be up to Mr. Barrat to make the announcement at the appropriate time. But let me tell you that the University of Miami, if you'll listen for just one second, has close to $40,000,000 worth of art which sits in closets. That's a crime. The reason it sits in closets is because we don't have enough exhibition space to exhibit it. And I think it's important, and I want to take partial blame, if you will, for what's happening here because I have been after Mr. Barrat and after the University of Miami to come to the city and share this wealth of art with the city. And what Mr. Barrat is in the midst of doing is a very sophisticated shar- ing of tremendous art resources that the University of Miami has, not John Barrat and not Joe Grassie and not anybody else but the University of Miami and we want it in the City of Miami. I don't want it in Coral Gables. I think we need to share this so I really, it's important that we keep an eye on the ball and to move for what we're trying to do and not confuse other issues that may be import- ant but that are correlary. Do you follow me, Nora? See what I'm trying to say? Ok. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1110 A RESOLUTION AUTHORIZING THE CITY MANACER TO ENTER INTO AN AGREEMENT WITH LOWE ART MUSEUM, UNIVERSITY OF MIAMI, A NON- PROFIT ORGANIZATION, FOR THE PURPOSE OF SUBCONTRACTING THREE (3) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLOCATION AT A RATE NOT TO EXCEED $2,383.33 PER MONTH, INCLUDING 10% FOR SOCIAL SECUR- ITY AND OTHER FRINGE BENEFITS, TO BE RECEIVED BY THE CITY OF MIAMI UNDER AGREEMENT BETWEEN DADE COUNTY, AS AGENT FOR 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 Reboso, adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Fevre NQEM the resolution was passed and AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH DADE COUNTY NATIONAL FOUNDATION MARCH OF DIMES, SUBCONTRACTING ONE (1) C,L,T►A. POSITION' The foll.owind resolution WAR i ntroduce1 by Onr ia4iowter e rclott, who MVO-4 its adoption: RESOLUTION NO. 76-1111 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DADE COUNTY NATIONAL FOUNDATION MARCH OF bIMES, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF SUB- (NTRACTING ONE (1) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSIT- ION TO BE FUNDED THROUGH C.E.T.A. ALLOCATION AT A RATE NOT TO EXCEED $731 PER MONTH, INCLUDINT 10% FOR SOCIAL SECURITY AND OTHER FRINGER BENEFITS, TO BE RECEIVED BY THE CIT1 OF MIAMI UNDER AGREEMENT BETWEEN THE CITY AND METROPOLITAN 'DADE COUNTY, AS AGENT FOR 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 passer and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 26. AUTHORIZE CITY MANAGER TO ENTER INTO COU_ECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MIAMI AND FRATERNAL ORDER OF POLICE, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1112 A RESOLUTION AiTFHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI. TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE WALTER EMPLOYEE OE. RGANIZATION KKNOWN, J AS THE FRATERNAL ORDER OF POLICE, MIAMI LODGE #20, FOR THE PERIOD OF OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1978, UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Rev. Gibson: Mr. Mayor, I want to raise a question. I notice we have taken care of Fire and Police. Now I want to know about all the other employees of the city. You know I think we, the commission are responsible, ought to know what is going to happen to these other labor folks like General Employees, Sanitation, you know we just passed the budget. Let's cut up their money. I don't want anybody tell- ing me later on you don't have no money for those folk. Ok? Mr. Grassie: h very good point, Commissioner. We should make clear that what you have in the budget is basically a trust fund or a fund set aside which can provide salary increases for General, Sanitation employees, all other employees then uniform at such time as we have a contract with them. But I should pain= out, I should make clear that it is not ot.r intention to spread an increase uni- formly without any negotiations. We're not simply going to give an increase at this time. You know that we're waiting on Tallahassee, we're waiting on the state determination with regard to what constitutes a bargaining unit. Once we 47DEC 161976 have a bargaining unit established we expect to go ..s.,r)tiating process and have a formal contract with all of our non -uniformed employees. AO/. Gibson: Ok, let me raise another question, raise it another way. I would hope that we will not operate in a vacuum; that I know you have laws and con., straints but I would hope that the other people who are involved who work for the city would be told, would be kept apprised of - and the Mayor said something here yesterday when we had difficulty with that car company and the other. He said if we could ever get people to sit down and talk we'll find out we're more like or we're more in agreement than we are in disagreement. Now I'm sure the other employees sitting around here are worried to death and I would hope that the adn:in-• istration would at least take two minutes, not write them, take two minutes, who- ever is supposed to do it and talk with these people and say this is where we are based on these facts. You know so that... Mr. Grassie: Good point, Commissioner. rev. Gibson: I just want to make sure, I want to see all the employees get a... Mrs. gordon: Is there anything that we can do to speed up the process of the sel- ection of the bargaining agents? Mr. Grassie: Well, we're pretty much in their hands because they set a meeting I think it's about once a month and not during the holidays I understand. They set a meeting and they establish their agenda and we get on their agenda and they re- solve our problem when they're ready to. So we are really in their hands in terms of timing. Mrs. Gordon: Are we making a recommendation? Mr. Grassie: We have not yet, we've been up there two or three times already... Rev. Gibson: Let me put it another way. Are we trying to be helpful? You see, if I think maybe you cannot interfere or barge in or put your mouth in their bus- iness but I would hope that we would give the employees, the other employees of this city every assurance of our willingness to cooperate and do what is right and fair. Do you follow me? Mr. Grassie: Yes. I think that the most important demonstration of our cooperat- ion comes through the voluntary honoring of contract provisions on the part of the city. You know that the non -uniformed employees do not have a contract now, none of them have. But in spite of that we are continuing to honor the provisions of the past contract and are living with all of those limitations on our actions. I think that's the best demonstration of good faith. Rev. Gibson: Well let me say, Mr. Grassie, I know; but it would be nice if you would just say that to those in charge. You know every once in a while it's sort of nice to tell a guy. It's like a guy who's married--- Pardon me, let me do a little marriage counseling right now. It's like a man who's married to a woman, he got married to this woman and for 15 years he stayed with her and he never said, "You knew honey, I still love you." You know? And she really wondered if that guy was just holding on. Do you follow me? Mr. Grassie: Certainly. Rev. Gibson: People pay me to tell them that. I'm telling you that for free. Mr. Grassie: Ok. 27. SECOND READING ORDINANCE: PROVIDING FOR SALE OF BEER AND WINE WITHIN BICENTENNIAL AND BAYFRONT PARS, Mrs. Gordon: I have real mixed emotions about that (Item 20) Maurice, I don't know how I can express it to you other than to say that, and you're more concerned with downtown than any of the five of us. How do you feel about making wine and beer available in the park? Mayor Ferre: Well, you're worried about the winos I imagine and I think you've got a valid point. But I look at it this way, Rose, maybe I grew up in the wrong time you know and my Father and mother brought me up the wrong way about and maybe I'm too permissive about things but you know I'm going to tell you something. I think we keep fighting all these supposed monsters. We went through prohibition, that doesn't stop people from drinking. You know? And we've got the same problem DEC 1.61976 4 With drugs right how and now drugs is a little bit different because drugs is e hang that destroys people. gut you know we're getting to a point if some- e�ants to buy a bottle of liquor and drink it in the park he can walk three b1aeks, buy the liquor and walk over and sit down in the park and drink it. Grassie: I wonder if we should clarify, Mr. Mayor, that what the ordinance change provides is the sale of beer annisiconcernedanabout would neverthat buy the a kind of clientele that Commissioner Gordon $1.25 glass of wine. Mayor Ferre: Yes, but Rose has a valid point, Joe. Somebody could walk up to that new restaurant at Bicentennial Park, order apbortleaof tine, walk He ct out to the park and sit and drink it. But Y''Ve got Why couldn't he do it? A Wino couldn't walk into the restaurant and buy a bottle of wine? INAUDIBLE Mr. Grassie: On the premises, it has to be consumes" on the premises of the rent" aurant. Mrs. Gordon: That's part of the ordinance? Mr. Grassie: Yes. Mrs. Gordon: Somebody read it then in title. Thereupon the City Attorney read the ordinance into the record.' Mrs. Gordon: George, does that say consumed on premises? Mr. Knox: Yes, ma'am. Mrs. Gordon: It does? Mr. Knox: Yes. Mrs. Gordon: Ok. AN ORDINANCE ENTITLED -- AN ORDINANCE AMENDING SECTIPERMIT SpJ,E;39-61 ANDFTHE CODE CON CONSUMPTION BEER THE CITY OF MIAMI, FLORIDA, AND WINE AT BICENTENNIAL AND BAYFRONT PARKS WITHIN CITY RESTAURANT FACILITIES THEREIN DURING HOURS PRESCRIBED BY CITY ORDINANCE AND IN ACCORDANCE WITH ALL CITY HICH MORDINAY BE ACES AND STATE LAWS PRESENTLY APPLICABLETHAT LIC- ABLE IN THE FUTURE �U�FACILITIESR PROVIDING MAY BRINGYBEER LICENSED AND OPERATORS OF CITY RESTAURANT PARTS E INTO SAID C,PROVIDINGGALL ORDINANCES AN EFFECTIVE DATE;R AND PRO - THEREOF IN CONFLICT; VIDING A SEVERABILITY PROVISION. Passed on its first reading bytitle at the meeting of November 11, 1976, title and adoption. was taken up for its second and final reading by On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was given its second and final reading by title and passed and thereupon 9 adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8599, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Cpmssi.on and to the public. 49 DEC 161976 1 /r 28 SECOND READING ORDINANCE: PERMIT FISHING i `J ISNATED AREAS OF BICENTEWNIAL AND OTHER PARKS HAVING WA ERFR NT AREAS i AN ORfitNANOE ENTITLED • N ORDINANCE AMENDING SECTION 39..50 OF THE CODE OF THE dITY OF MIAMI, FLORIDA, TO PERMIT FISHING ONLY IN bESIGNATED AREAS OF PARK WATERS; REPEALING ALL ORDINANCES OF PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE DATE; AND A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of November 11, 1.076r WAs taken up for its second and final reading by title and adoption. On to tion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and Passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. • THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8600. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 29, SECOND READING ORDINANCE: AMENDING SUB -SECTION 1 OF SECTION 39-13,1 OF THE CITY CODE PROVIDING FOR INCREASE II\ ANNUAL MEMBERSHIP GRJ3i FEES AT CITY GOLF COURSES, Mr. Plummer: Under comment, Mr. Howard, just you stay there and listen. Ok? (1) People have called me and said that really we're not going to accomplish what we want to,and I'm not going to argue the point, by in fact raising the freen fees we're going to drive more people out, they're not going to use it as much, we're going to be down in revenue. Ok, I'm not arguing that point. Mr. Manager, I am going to argue this point and I hope Rose is listening in partic- ular. This commission approximately 1 year ago gave approval to put a country club lounge in MelReese. It was quite a heated battle for a while, it was ap- proved, it was to be put on concession which is a revenue producer and to the best of my knowledge they're not serving anything stronger than Coca Cola. Now I'm going to tell you if we go through the problems of establishing the right in our own facilities and we don't do it it is the loss of tremendous revenue. Now I'm not a golfer but I'm told by people who are golfers that your money, in fact, is not made in green fees. Many places have where they give green fees away but you have th buy the cart from them, the accessories, a drink and that's where they make their money. Now all I'm saying to you, we've procrastinated for at least a year after approval and nothing has been done. Now I'm hoping that you will proceed immediately to implement that action of the commission. Mr. Grassie: Al Howard is telling me, Commissioner, that the item is going out to bid Thursday. Mr. Plummer: That's a year ago! Ok, fine, I'm glad to hear that Al, I really am. I'm glad to hear it. r AM of!NANCE ENTITLED AN ORDINANCE AMENDING SUBSECTION 1 OF §39-13.1 OF THE CODE Off' THE CITY OF MIAMI, FLORIbA, BY SUBSTITUTING THEREFOR A NEW SUBSECTION 1 PROVIDING FOR AN INCREASE IN THE ANNUAL MEMBERSHIP GREEN FEES AT CITY GOLF COURSES (MELREESE AND MIAMI SPRINGS); REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVIDING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of November 18, was taken up for its second and final reading by title and adoption. On Motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8601. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 106 30. EMERGENCY ORDINANCE: AMEND ORDINANCE NO.8589 TO INCLUDE ANTICIPATED REVENUES/ FEES AND ADMISSIONS IN SPECIALIZED RECREATION AND EDUCATION CLASSES. AN EMERGENCY ORDINANCE AMENDING APPROPRIATION ORDINANCE 8589, AS AMENDED, TO INCLUDE ANTICIPATED REVENUES IN THE AMOUNT OF $15.000 REPRESENTING FEES fl D ADMISSIONS FROM PARTICIPANTS IN SPECIALIZED RECREATION AND EDUCATION CLASSES OFFERED BY THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION AND TO IN- CLUDE ANTICIPATED EXPENDITURES IN THE AMOUNT OF $15,000 FOR PAYMENT OF CLASS INSTROCTORS AND FOR PURCHASE OF CLASS MATER- IALS; REPEALING ALL ORDINANCES OF PARTS THEREOF IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote- AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8602 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. er EMERGENCY OHDIiV +LE: AN ODINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDEb, THE APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 19764.77 TO INCREASE REVENUES REVENUES IN THE AMOUNT OF $42,420 AND TO INCREASE EX PENDITURES IN THE AMOUNT OF $42,420 FOR THE PURPOSE OF CONDUCT,. INC FAMILY CRISIS INTERVENTION COURSES BY THE MIAMI POLICE DEPARTMENT, A CERTIFIED STATE TRAINING CENTER, TO PROVIDE STREET POLICE OFFICERS WITH PRACTICAL SKILLS IN MEDIATING FAMILY CRISES; AUTHORIZING THE CITY MANAGER TO IMPLEMENT THIS PROGRAM AND TO RECEIVE REIMBURSEMENT FOR THE EXPENDITURE OF CITY MONIES FROM THE FLORIDA LAW ENFORCEMENT TRAINING TRUST FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONVLICT HEREWITH AND CON- TAINi:NG A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: t AMEND a D1i" aa �;C, 5 � - I1‘,LiEASL REVU,ILS D EXPENDITURES TO CONDUCT FAMILY CRISIS IN4TERV VI iO 1 COURSE BY MIAMI POLICE DEPARTMENT NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance 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 Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8603 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 32, FIRST READING ORDINANCE: ALTERNATE PENSION FUND The City Attorney reae the proposed ordinance into the record. W. Plummer: I was just going to give you a brief idea of what this is trying to accomplish. Mr. Mayor, ever since I have set on the Pensicn Fund and found that it was impossible to get the present Pension Fund of the City of Miami approved by the Internal Revenue the answer that we always get back is to why they will not approve it is because that the Plan is not equitable across the board. You have certain people, namely the people spelled out in this resolution who are not being treated the same as you treat all the rest of the people in the Pension Fund. This proposal as you see here would create possibly three separate systems which, in fact, would put all people on equal footing. All of the people in the Plan would be on equal footing, all of the people in the System would be on equal footing. And all of the people that are here in this new Plan or could avail themselves to this new plan would allow them at a reduction, that's the key, a reduction cost to the city allow them to be in a separate plan on equal footing. If you don't know what I mean by equal footing let me explain that. The City Manager, department heads and all of those named in this ordinance are afforded the Executive Pay Plan of 1% a year not to exceed 10%. It is because of that provision which keeps them from being on equal footing of all the rest of the people in that plan from Internal Revenue approval. Mrs. Gordon: J, L., that's nice if you're starting from scratch with everybody ,and making it mandatory but that's not what I read. What we're saying here is the voluntary option. You won't create three separate, you might like to but you son't. Some will and sc•.te won't, I would personally feel that we should DEC161976 do twi thitgs: (I) that this should be submitted to the Pension Boards, the board§ of Trustees and (2) that this be set aside and become a part of a package Of aMendrents that ought to be put into place to make changes within the entire pehaan System. I don't think we should piecemeal this. And if you want some additional more professional comments I think perhaps we ought to ask Mr. Mazin to come in and answer a few questions. I think if there's anyone here working in the city that has a keen and personal knowledge of everything pertaining to Out pension I think it's Mr. Mazin. Mr. Plummer: Rose, let me answer you this way by saying that as far as I'm con- cerned the starting of a third alternate or an alternate, a possible third sys- tem I don't think comes under the purview of those boards. Those boards were not created by themselves they were created by this commission and I think only this commission can create an alternate board. That's my thinking there. Mrs. Gordon: All right. Mr. Plummer: The important factor here is that I see, it is a reduction in city cost. We have already done this in the case of Mr. Grassie and we're in the process of doing it for Mr. Knox. And I think that this affords the flexibility that has not been afforded in the past for those people, please don't take this wrong, who don't have a great long tenure in any one position. I think the aver- age City Manager I'm told is in a position for about 5 years, on the average a little less than that. What it is doing, Rose, it allows Mr. Grassie to take this money... Mrs. Gordon: We're not talking about Mr. Grassie, we've already taken care of him. Mr. Plummer: Oh sure, but this would have covered him without any problem. Mrs. Gordon: He's already been taken care of. Mr. Plummer: You're right, he has been taken care of. But now we're talking, your's hasn't been approved.... Mrs. Gordon: ... We're enlarging this now to a great deal. Where do we stop? Mr. Plummer: Well, right here. It's spelled out very clearly, Rose, who is in- volved. Mrs. Gordon: Today. What't tomorrow going to bring? I mean we're acting in my opinion in a haphazard fashion. (2) My real serious concern is the city's contribution. The contributions that are made by the city at the present time if the employee leaves before the specific period of vesting that stays in the trust. Under this system it's out of our hands, we don't get it back, it's gone. Mr. Plummer: That's correct. Mrs. Gordon: And I feel very strongly about that. I feel we're reducing rather than enhancing our trust position, our pension position. I feel that there are s many areas that we have to consider and I really object, I take real strong exception to the piecemeal approach and I really would hope that you commissioners and the Mayor would consider this as a part of something that has to be done but not to be done by itself and not exactly the way it's being done here either be- cause of the contributions factor. Rev. Gibson: Mr. Mayor and members of the commission, I pointed out when we did what Mrs. Gordon is objecting to some months ago and I told you about Theodore Gibson's. Let me say it disturbs me that you have people who work for the city who were given an option to be part of a pension or a systen just like when in the ministry we were given an option to be a part of Social Security. At the time you get that money in your hand it looks large and great and you're satisfied until it's too late when you start really hurting. If we are going to show a concern, and Rose, I don't know if you and I are differing other than, I'll come to that. If you and I are going to show a concern who work for this city we ought to make everybody be part and parcel of a pension plan or system. I pointed out that I'm a part of a system that is a national thing. Man, you put your money there and I don't care whether Mr. Grassie works for us 10 years, 15 years, 25 years if he doe that work he could stay here. If he doesn't do that work he's got to go. You know, and so I feel like I'm obligated to give him his equity for the period of one year, two years, three years as I would if he stayed with us 10 years. Now, the other part of it is if you let them be a part of a national system of which the general employees here cannot you reduce the liability to this 53 DEC 161916 1' pension system for him. And p1u:;, you ye : a much 1,+_c_ :1- i;upervision for his port- iot if he goes in that nation outfit man because they ain't about to do some of the things we have done, are doing and continue to do. You follow me? 'Won't let Me get into no specifics now just take me at my word. And I think what you would do you would ease the pressure politely, just give them if it's 1% give theta that 1%, don't give it to them put it in the fund. You know, and...when you fire anyone of them they're gone. Mrs. Gordon: So is the city's contribution. Rev. Gibson: But Rose, you can't eat your cake and have it too. If you are Con- cerned about these people and their welfare, their welfare ought to be a continu- ing concern and the continuing concern is that if they are professionals - City Manager, City Attorney, Clerk - if they are professionals and you fire them all they do is leave Miami and go to West. Palm Beach and then put the money there. That's what that means. It doei.;n't have to be done today you know but I feel very strongly. I feel it strongly only because it hurts me to know that you've got a man right now that first of all you excluded and then you gave him an opt- ion and he's worked for you for 52 years and he's going to be leaving and he won't get one doggone penny for it. Mrs. Gordon: Who? Rev. Gibson: Tell them who that black man that works with you. Mr. Peter Joffre: Holden James. We've got another man that worked 40 years and he won't have a penny either. You've got another man 38 years and he won't have a penny either. Mrs. Gordon: Well, how is that going to be solved when we take actions like this? Somebody enlighten me I don't understand. What benefits are we doing to help the people who really need help? All we're doing by doing this is making people more succeptible to move on. And if that's what we want to do we want to keep transferring people in and out of this government well fine, this is the way to do it and personally I don't think that this is a procedure that we ought to even be acting on unless it comes through the boards. It deals with pension and you have pension board and I think you tihould positively submit this for a recommendat- ion that is not binding on this commission but nevertheless those are boards that are set up for this purpose. Rev. Gibson: Rose, I would have no objection to letting them have an opportunity to look at it but I want to tell you this: When it comes back I don't plan to let them control my opinion. I do them the courtesy, and let them have it on their conscience that they had an opportunity to look far enough in advance. I have no objection to that but I want to tell everybody I am unequivocally com- mitted to let a man go in that Pension Fund. Let me tell you I went to New York at toy own expense to learn about that pension fund. And you know what? Again we have one of the best in the world. And you know what? You could be in Miami, you're part of the same pension fund you're still a clergyman. And when I get tired of that church where I am, I've been there 31 years, let me tell you I could leave in the morning and it doesn't affect.... Mrs. Gordon: Well Father, why should it end with just the people who are named in this? Why shouldn't this apply to everybody? Mr. Plummer: Rose, these are the ones who are in a select group under the execut- ive pay plan. Mrs. Gordon: Make them all resign from our pension and force the issue if you want to change it. I'm simply telling you not to do it in the manner you're do- ing it but do it in a professional way. Have an analysis made of this plus other changes that ought to be done and do them as a package. INAUDIBLE Mr. Grassier Yes, sir, this is on first reading. Obviously, there will be time for others to reconsider this. This basically is carrying out the intention indi- cated by the City Commission as far as providing this kind of pension for the City Attorney is concerned. I should point out to you that we have had a number of other people who have recently joined the city, we're holding off doing any- thing until you take some action on this item. So I would encourage you to pass it on first reading. If we need to do an analysis of the kind that Commissioner Gordon is asking for I feel confident that we can get that done and I hope that We can sayisfy her questions. 54 DEC 161976 Mrs. Cordon: There isn't any reason i3r because it could be passed if it sere tithe in the future after we did ten Mr. Grassie: Mr. Plummer: Mrs. Gordon: Mayor Ferre: Rev. Gibson: Mayor Ferre: you. Rev. Gibson: I move the item on first reading with the proviso that we fulfill those obligations... Mr. Plummer: Prior to the Second Reading. Rev. Gibson: ...going by the time we read it the second time. Mr. Plummer: Alright, with amendments. Mayor Ferre: AS amended. Mr. Plummer: Excuse me. As amended, Mr. Mayor, has to be the wording Assistant City Managers plural. It also includes the Assistant City Attorney, basically all of those people who are presently afforded the Executive Pay Plan - assistant department heads, department heads, all of those who today are afforded the 1% for the first 10 years. Mrs. Gordon: Doesn't this apply only to future employees or employees who have not yet joined theprevious plan? Mr. Plummer: No, ma'am, they will allow them if they wish that have been a mem- ber of the old plan can change. Mrs. Gordon: Can take their contributions out and transfer them? Mr. Plummer: Yes, ma'am. Mrs. Gordon: Are you sure, Mr. Grassie? Mr. Grassie: That's the way the ordinance was written, Commissioner. Mayor Ferre: Is there a second to Father Gibson's? Mr. Plummer: Yes, I second as amended. Mayor Ferre: Rose, are you satisfied at the way it's been? Mrs. Gordon: I'm not happy with the whole way we're going about it but I'll go with the motion just to keep harmony here but I certainly would like to see us go into a real comprehensive study before this come back for Second Reading. Is that agreeable, Mr. Grassie? Mayor Ferre; Yes. As part of the motion we'll incorporate that as part of the amendment if it's alright with Father Gibson and Plummer. for passing it on First Reading in my opin., Was that important on an Emergency basis a comprehensive analysis of our entire Sys., t would encourage the city Commission to pass it on First Reading. I agree, Rose, you can always kill it on second. I would move to defer this item. Is there a second to the motion on deferral? ... Mr. Mayor, I would like to move.... Wait a minute. Is there a second? Alright, Father, I'll recognize Att OAMMANdt ttitttLEb- Al ORDINANCE CREATING THE RIGHT OF INDIVIDUALS HOLDING THE P0g1'TtONS OF CITY MANAGER, CITY ATTORNEY, CITY CLERK, ASSIST& ART CITY MANAGER, EXECUTIVE SECRETARY OF THE PLANNING AND ZONING BOARD, CITY PHYSICIAN, DIRECTOR OF A DEPARTMENT ESTABLISHED BY THE CHARTER OF THE CITY OF MIAMI OR BY ORDIN., ANCE AS AUTHORIZED BY SUCH CHARTER, AT ANY TIME AFTER THE EFFECTIVE DATE HEREOF, OR WITHIN SIX MONTHS FROM HIS OR HER COMMENCEMENT OF EMPLOYMENT WITH THE CITY OF MIAMI, WHICH,. EVER IS LATER, TO REJECT MEMBERSHIP IN THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY•2, 1956, AS AMENDED); FURTHER PROVIDING THAT TI-iE CITY SHALL CONTRIBUTE AT THE RATE HEREIN PROVIDED TO A RETIREMENT PROGRAM WITH ANY PUBLIC TRUST FUND NAMED BY THE AFORESAID INDIVIDUALS AND APPROVED BY THE CITY COMMISSION IN LIEU OF THE CITY'S MAKING A CONTRIBUTION ON BEHALF OF THE AFORESAID INDIVIDUALS TO THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; ALSO PROVIDING THAT THE CONTRIBUTION MADE BY THE EMPLOYEE MEMBERS OF THE RETIREMENT PROGRAM SHALL BE MADE UPON THE SAVE BASIS AND IN THE SAME AMOUNT AS IF SAID EMPLOYEES WERE MEMBERS OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING THAT IN ORDER TO PARTICIPATE IN THE HEREIN RETIREMENT PROG- RAM, SAID INDIVIDUALS SHALL, WITHIN SIX MONTHS FROM THE EFFECTIVE DATE HEREOF OR THE DATE OF THEIR EMPLOYMENT WITH THE CITY OF MIAMI, SUBMIT TO THE CITY COMMISSION A WRITTEN RETIREMENT TRUST AGREEMENT WHICH WILL PROVIDE FOR THE ACCEPTANCE BY THE INDIVIDUALS OF THE HEREIN RETIREMENT PROGRAM IN LIEU OF MEMBERSHIP IN THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; ALSO PROVIDING THAT SUCH RETIREMENT TRUST AGREEMENT SHALL CONTAIN A CLAUSE WHEREIN THE CITY AGREES TO CONTRIBUTE AT A RATE TWO PERCENTAGE POINTS LESS THAN IT WOULD CONTRIBUTE IF THE EMPLOYEE WERE A MEMBER OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; ALSO PROVIDING THAT WITHIN THE AFORESAID TIME PERIOD A SECOND RETIREMENT TRUST AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FORESAID PUBLIC TRUST FUND SHALL BE SUBMITTED BY THE INDIVIDUAL TO THE CITY COMMISSION FOR ITS APPROVAL AND EXECUTION; ALSO PROVIDING THAT THE AFORESAID SECOND AGREEMENT AUTHORIZE THE CITY TO TRANSFER THE CONTRIBUTIONS OF BOTH THE INDIVIDUAL AND THE CITY TO THE AFORESAID PUBLIC TRUST FUND; PROVIDING THAT AT NO TIME SHALL ANY MEMBER OF THE HEREIN RETIREMENT PROGRAM ENJOY ACTUAL OR CONSTRUCTIVE RECEIPT OF HIS OR HER CONTRIBUTION OR THOSE MONIES CONTRIBUTED ON HIS OR HER BEHALF BY THE CITY OF MIAMI; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gibson and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. Mayor Ferre: Now I'm not going to take the time at this juncture to talk about the regular pension problems that we have and Den Demby's situation and all of that. But later on as we get through the agenda I do want to come back and dis- cuss it, Mx. Grassie, if we have time. Yes. Mr. Peter Joffre: For the record, my name is Pete Joffre, 4550 Baypoint Road. Mayor Ferre: Mr. Joffre, are you getting up talk on Item 24.1? Mr, Joffre: Twenty-four, that's the only one. I want to say this: By giving theca the option we're still not getting rid of the discrimination that we have on the 1% that the Manager's and assistant manager's get a year. I'm in favor to see all the department heads and managers be put in a separate but not to be given 56 DEC 161976 A the optional because you're ;till going to have- he,e a:.;.;ers and directors getting that 1% extra... You're not straightening out your pension, you're st 11 Leaving the same thing and all you're doing is just turning around and creating another problem. If you want to take them out and push them into ihtethational Management Plan that's perfect. If you give them an option yOU'ie going to have half the directors in one plan and half in the other plan and you're still not solving your problem. Mayor Ferre: Mr. Joffre, i think that's something that we have to address then on Second Reading as .fir. Grassie was instructed to do. 33. PIRST READING ORDINANCE: DOCKAGE FEES AND RULES AND REGULATIONS FOR USE OF UTILITIES - SET DATE FOR PUBLIC HEARING ON JANUARY 13, 1977, 2:00 PM, Mayor Ferre: ... It's first reading, we will have a public hearing on the second hearing and I guarantee you you will have a full room. Mr. Plummer: We've gone through a public hearing. Mayor Ferre: Yes we have. Mr. Grassie: The reason, Mr. Mayor, is that this is back as a First Reading is that as a result of the first public hearing that you had on this item you .made, the City Commission made so many suggestions of such a substantive nature that we ended up making it very different from the first and in consequence this is back as a First Reading. Mayor Ferre: This is not a public hearing, we will have a public hearing because that's the way these things go in the second time around. No? The public has the right to express their opinion. We've changed this thing substantially. Mr. Plummer: Let me ask this, Mr. Mayor. Mr. Grassie, as what it is proposed in Item 25 for First Reading today is the information and my information correct that it is somewhat less than what was approved at the public hearing? Mr. Grassie: That's correct. UNIDENTIFIED SPEAKER: By you. Mr. Plummer: Sir, I appreciate you kind comments but this is the expert. Mayor Ferre: This is not a public hearing. We're not going to hear from the pub- lic on this item. As the Mayor of the City of Miami unless you vote otherwise I will rule that we will have a public hearing second time around in January. Yes, it is the third time we've had this public hearing but you're increasing these fees substantially and you've got to let the people... I know. Less than what we said we were going to increase it, J. L. I know. Mr. Plummer: INAUDIBLE Mayor Ferre: But the point nevertheless remains just like we happened with Mrs. Bettner this morning, you've got to let people.... As First Reading, it is moved by Plummer, seconded by Reboso. Rev. Gibson: Mr. Mayor, I take it that when this comes up for Second Reading and those people are here... Mayor Ferre: I will recognize them. Rev. Gibson: Yes, because I think this is so much better than what they have to pay on the open market and I would think that ought to say to them when they come, "You know you don't really like this, you don't want to go along with these increases so we can fix up this place then do what you always advocate." Ok, let's put it out there... Mr. Plummer: You want to play games, let's play them right on down the line be- cause I want to tell you something. Mayor Ferre: I want to get through this agenda Mx. Plummer: Let me tell you something, Maurice, if this is what we're going -to do then I'm going to revert back to the old position which is more money and agreed - upon First Reading and demand a second...., 57 DEC 161976 1 Mayor Ferre: J. L., if you want to do that or. Sccc,nd F ding you are ailowec to a:end it. And if you want to amend it and if you get two more votes to do it it Will be amended. Mr. Plummer: That's not the point! The point is that we have had a First Reader ing and a public hearing I agree with you but the point is that like you yourself, Mr. Plummer, Mr. Plummer, you yourself this morning when Mrs. Bettner was here woman speak. Remember that? Mayor Ferre: Mt. Grassie, said let the Mr. Plummer: Right, sir. Mayor Ferre: And that's all I'm saying. Mr. Plummer: Ok. Look, Maurice, I have never opposed a public hearing and I think if you'll check the record when this thing came up with the owners I don't like to spin my sheels. I think was the advocate before when this thing came before this commission and so strongly that we have a public hearing. Was it you? Ok, we did it! Now you want to go through another public hearing, another scream- ing match? I'll go with you. Mayor Ferre: J. L., I don't want to go through another... Mr. Plummer: I've got nothing else better to do. Mayor Ferre: J. L., I don't want to go through another screaming match, However, since there are some important variations I think you've got to let these people, they have to have the right to spout off. Now I'm going to tell you right now I know how I feel about it and I may go along with you. If you want to increase it more I may vote with you. Mr. Plummer: Mr. Mayor, if what was proposed here today in a First Reading was more than what was agreed upon by this commission and the public I say right. But this is a reduction and there are people here who are not even happy with a reduction. Mayor Ferre: The chair rules that we are going to vote on this and you can over- rule me if you want to make a motion. Otherwise let's move along. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTIONS 50-16A, 50-39A, 50-39.1A, 50-62A, 50-93A, AND 50-94A, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AMENDING CHAPTER 50 OF SAID CODE BY ADDING SECTIONS 50-71 THROUGH 50-80 THEREIN, PROVIDING FOR DOCKAGE FEES AT CITY MARINAS AND FOR RULES AND REGULATIONS AS TO THE USE OF UTILITIES; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND PROVIDING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES; None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. SEE MEW MEE a 1 ME l APPROVE PAYMENT FOR REQUIRED PRELIMINARY ARCHEOLOGICAL AND STRUCTURAL INVESTIGATION - DOWNTOWN CONVENTION CENTER SITES Mi ttohn Cohn011y: "'r. Mal►or arvq. MethYterS of the comm3.aaion, . Mr. Randy No ie:k who was formerly the State Preservation Officer in Tallahassee and is presently the director of the Historical Museum of South Florida is here. We had asked for approval by the city ---- ...$35,000. We just received a letter from the state and in discussions over the telephone they feel it would be realistic to ask for $50,000 on that work. I'd like to point out that under the federal legis- lation that sets up the historic preservations it is necessary for either private or public projects to receive clearance through whoever is named as the agent in the state. In this case it's the Department of Archives Records and... Mayor Ferre: Mr. Connolly, this morning the simple question was asked, if you look at your packet you will see under Item 27 a letter from the State of Florida and it came from Bruce Smathers' Office. It is dated the 12th day of April this year and signed by Mr. Robert Williams. Mr. Williams said that it will cost $3,685.40 to do this job. I ask you again how can it go from $3,600 to $50,000? Mr. Connolly: The first letter in April was for a preliminary survey which con- sists of core drilling of the total site on 50 foot centers. They're doing that to evaluate what was under this particular site before we go ahead with our devel- opment. Mayor Ferre: Mr. Connolly, if we core drill and there's nothing there is there any reason to spend any more money? Mr. Connolly: Well the second charge we have is that the building is sitting on a piece of land that has never had any development on it which was the Garden at the Granada Hotel. Let me tell you where the money is actually going. The State portion in the first phase which is $3,680 was to be paid by the City of Miami to the state to have their archeologists here on site for supervision of the work. In addition to that we have to pay for a core drilling contractor. We have prices from two contractors that operate locally. And in addition, because of the known problem with curiosity seekers the city will have to provide site supervision and security. Now the intent is to fence the property as soon as we vacate the park- ing lot on the south side of the site. However, we are going to have to keep peo- ple from coming when this is going on. Mayor Ferre: Mr. Connolly, let me ask you, are we forced to do this by law? Mr. Connolly: Yes, we are. Mayor Ferre: Is this a recent legislative act? Mr. connolly: This is the Historic Preservations Act of 1974. Mayor Ferre: Is there any provision for funding? Mr. Connolly: Yes, there is. Mayor Ferre: By the state. Mr. Connolly: There is provision of funding this by the federal government and under, as you're aware we have an application in for a Public Works Grant for this project. In order to get an ok we will have to comply with this recommendat- ion and it is fully refundable under that grant. Mayor Ferre: Oh, the government will fully refund our expenditure? Mr. Connolly: Yes, sir. Mayor Ferre: In other words big brother is going to pay. Right? Mr. Connolly: Well, we all pay it's just that it's a bigger purse. Mayor Ferre: (27), historical preservation. We have to spend $50,000 to dig holes to find out if there are any bones. We've got to do it by law...(INAUDIBLE) We've got to go dig those holes, without it we can't put up anything by law. This is a state law and a federal law and it's refunded by --- Look, I'm just as much against it as any of you but you know we've got to get moving on this project. Big brother pays for it so let's go. 59 DEC 161976 The .f cowing resolution Was introduced by Commissioner Gibson, who toed [doPtion: RESOLUTION NO. 76-1113 A RES tt.DION APPROVING PAYMENT OF THE COST FOR A REQUIREb PRE= LtMINARY ARCHEOLOGICAL AND HISTORICAL INVESTIGATION AT THE CITYIS DTOWN CONVENTION CENTER SITE BY THE STATE DIVISION OF ARCHIVES* HISTORY AND RECORD MANAGEMENT, WITH FUNDS THEREFOR NOT TO EXCEED $50,000 ALLOCATED FROM THE PROJECT DEVELOPMENT FUND FOR THE DOWN TOWN CONVENTION CENTER SITE. (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 pia adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Right? For the record one more time, Mr. Connolly, these are federal funds. Mr. Connolly: If we get the federal grant under the Public Works Employment Act yes, it is fully reimbursable under that. If we do not get that grant there are other funds available from the Department of Interior. You know once you have a federal grant that agency is the host agency for any other funds that are avail- able to you. INAUDIBLE Mayor Ferre: That's an ify answer. Mrs. Gordon: (INAUDIBLE) you then have to go look for some other federal agencies. Mr. Connolly: Yes. Mrs. Gordon: We're not sure that we're going to get it. Mr. Connolly: Well, the Department of Interior has done this in the past. If you have nohost agency they are the agency to deal with. Mayor Ferre: Let me ask you the $64,000 question - God forbid, and I don't mean to hurt any archeological experts around here but God forbid that there should be an Indian village underneath that garden. Mr. Connolly: There is. Mayor Ferre: Oh my God. And what happens if we find an Indian village? Then we're going to have the federal government telling us that we can't do anything? Mr. Plummer: I've got a conflict of interest moving them all. Mr. Connolly: I'd like to point out that this has already been evaluated by the state. They feel that where the building is going with the one exception of the small corner that even if there is an Indian village or they can find remains of some early Spanish exploration at this point they will not stop the building. Mayor Ferre: Are you sure of that? Mr. Connolly: Yes, I am sure of that and if you'd like to have Randy Nemmick speak to that point I'm sure he'd... He's the president of the local Museum of History and was formerly the State Preservation Officer in Tallahassee. Mayor Ferre: Are you going to stop us from putting up our Convention Center if you find an Indian village there? INAUDIBLE Mr, PiUm ner: I sure hope so, DEC 161976 60 Mr: Mandy Nemtttickt Let me try to explain without confusing you too much, 'Thc: site down there we know is significant, I say we, the local Historical Assoc- iation, the State Archeologist that came down in March of 74 and did a great deal of excavation work. And under the federal law the state in Tallahassee, the Division or Archives is forced to say whether they feel that is a significant site or not. They have no alternative, They've got to say it is or it is not, Now because there is federal funds in the project the feds ask the state is the site significant. They have no alternative but to say yes. Mayor Ferre: I understand all that. Mr. Nemmick: Once they say yes they have to say how can it be mitigated. The state is trying its best to do as little as possible and that's to go in and do. salvage archeology which is by far the cheapest thing. Now the way it's come across here I realize that the commission feels like ti is spending a tremendous amount of money and its wasting government funds. But what hasnpt come through here is the state has tried to design the course of least resistance to get the project moving. Mr. Plummer: Well, the point that you're missing, even that point of least resist- ance is obviously going to cost $35,000. Mayor Ferre: $50,000. Mr. Nemmick: Right, because of the way the 1966 Historic Preservation Act reads. You are mitigating adverse impact by taking this route. And incidentally there is going to be a lot come out of it. Based on the material that we got out of the 74 excavation that material we have, by we the Historical Association of South- ern Florida, has back on loan from the state and it will be going into exhibits in the Historical Museum; we know a great deal now about dietary habits, living conditions and what not of the aboriginals that occupied that site, something that we did not know before those 74 excavations. Mayor Ferre: That's all great and you know we're very happy and I know it's important... Mr. Nemmick: To get to the question I think you're after, if you find an Indian Mound or something more, is it going to stop the project. The answer is no be- cause salvage archeology is precisely that. You're going into salvage because you're going to do something else to the site. It's a last step. Mayor Ferre: That's all I want to know. Thank you very much, and I'm sorry. I don't certainly mean to sound like that we're unenlightened and completely against archeological and anthropological research and what have you. Mr. Nemmick: What concerned me here is the state is in between. It's trying to do something the federal requires to move a municipal project along. It comes out looking kind of a bad situation. Mayor Ferre: Ok. 35, DISCUSSION Hal: CONSENT DECREE AS IT RELATES TO THE SANITATION DEPARTMENT Mayor PerrP, ... I'll tp11 vnu what let's Ao. If you don't get angry with me I'll recognize you for 10 minutes. If at the end of 10 minutes we haven't settled this thing then you'll have to wait your turn. Ok? Take up Item 84 and put the clock on so we've got a 10 minute limitation. Mr. Lionel Barnett: Mr. Mayor, honorable members of the commission, my name is Lionel Barnett. I'm an attorney. My office is at 420 Lincoln Road, Miami Beach. I will not be angry at the Mayor or any of the members of the commission if they ask me to leave at any time. I'm strictly at your pleasure. The Sanitation Em- ployees Association representing a majority of the employees of the city's Sanitat- ion Department asked me to address the commission with respect to a particular con- cern of theirs. My purpose is not antagonistic it is more inquisitive. But we do think that some expression from the commission is probably in order at this time. I'm referring essentially to what we refer to as the Consent Decree and also the expression of the commission in the past with respect to employment practices in the city specifically promotional situations and specifically with respect to the Sanitation Department. Out of a department of approximately 700 employees, and I don't have the exact statistics, it is my understanding that about 85% are blacks. This is a group that is referred to in the Consent : cc :: a:; or.c, of tha rninoiitir:,. Out of the entire department there are 25 position; which are management, manager- ial, supervisory positions and only one of those positions is held presently by a black, a foreman. We think, we'd like to think that the commission intends and ih good faith will do and has in the past expressed this intention to commit itself to a policy of making available to the minorities opportunities for advance - Tent within the departments within which they work in and also generally within the city. An excellent opportunity presented itself very recently, there was a position of the department head vacant. Now we don't suggest that the commission has any prerogatives with respect to going to the employee categories including department heads and designating individuals and telling the manager how to con- duct the administration of the city. We are fully cognizant that there are pre- rogatives that the administration has and will continue to exercise as long as the manager meets with the approval of the commission with respect to carrying out the policies. It's a policy we're talking about. There are hundreds of people within the city government who have served the city faithfully for many Many years who have qualified themselves for advancement opportunities. We think this exists. We know this exists in the Sanitation Department. We do not think that the employees in the SAnitation Department, those employees representing the minorities have been given the appropriate consideration with respect to promotional opportunities. The Consent Decree I'm sure you're familiar with. We're not here to recite anything that's been before a court or anything of that nature. We sincerely believe that this commission intended and continues to in- tend that these policies be implemented. My question, and it is a question, to- day is is this a fair question to ask you at this time? In fact, will the City Commission reaffirm this policy that it will, in fact, implement the provisions of this Consent Decree? The opportunity that the city had recently to select a qualified individual to the department head position went by the boards. The opportunities each day, each week, each month exists as vacancies occur in super- visory positions. We don't see the long term goals even being attended to with any consideration. We think this commission means for the administration of the city to implement those policies. We think that this commission should make this statement and reaffirm this position today and as often as necessary in the fut- ure that these policies be implemented. We think if this commission will not do that then we should know that as well. Thank you very much. Mayor Ferre: (INAUDIBLE) Mr. Grassie: Only that I have no disagreement with the statement, Mayor. Mr. T. J. Duggar: My name is T. J. Duggar. I'm the President of the Sanitation Employees Association. I haven't met the department head or the director of our department, I haven't seen him. I don't know what he looks like or nothing. I just don't feel like in the City of Miami or in Dade County that the City of Miami couldn't have found a black man to be the director of the department. I feel that in Dade County and in Miami that there are such qualified people and I don't just see how the City of Miami or the City Manager, when we asked several times to discuss this he just didn't seem like he wanted to talk about it. I just feel like we should have had some consideration or at least sat down and discussed our problems. Mr. Hines Breeden: Hines Breeden, First Vice President of the Sanitation Depart- ment. More than 13 days we've had a new director of the Sanitation Department. He hasn't thought enough to come back in the back where the workers can introduce themselves. We don't even know that we have a director, just what some of the other people are saying. And I feel like we're working there, and I've been there 15 years and all department heads I've met have at least come back in the back and said, "I'm the director". He hasn't met with any of us, not even a fore- man in the back. And I don't feel like this is right to the employees out there. Mayor Ferre: (INAUDIBLE) Mr, Grassie: Well, I guess, Mayor, I have the impression that the employee representatives are reflecting a way of life that has existed a long time in the pepartment of Sanitation. I think I can understand some of their feelings. I have the impression that in the past the department heads operated pretty much on two different levels. There has been a backyard and there has been a front office and to some extent the front office has minimized problems in that depart- ment by allowing the backyard to do pretty much as it wished. Now, one result of that has been that a number of the employee representatives have gotten the impression that the backyard is theirs and that really management first doesn't care very much about them and second the way it shows that is that it pretty much -eaves them out there to do whatever they wish. Now, I can't tell you specific- ally how M. Madera has gone about introducing himself to people. I do'know that 62 DEC 161976 00 he has met all of his immediate staff and har: been sj.{ nd.inq a good deal of time tfyihj to understand the basic administrative problems of that department. I think that the point that is being made with regard to meeting people in the department is probably a good one and if it has been overlooked I'm sure that it Will be corrected. Mayor Ferre: ... I might add, Mr. Grassie, that this morning you had the court= esy to ask one of your new administrators in the city to address the commission so that we could see him and welcome him to the city. I'm not questioning but I'm suggesting it would be appropriate as you appoint department heads to do the same thing with all of them. And I think that would avoid the question of... Is Mr. Madera here? I don't know whether he's in the audience. Now the other day he was. He did go to a police chief's function and was present and I had in- tended to go over and shake hands with him after the meeting. You know how these things are, I started to walk over to him and three people came and by the time I was finished talking with them he had gone and I never had the opportunity. It would seem to me that in the very same way as the men would welcome Mr. Madera to go back and show his face and shake hands with them and let them know who he is that he might do the same thing with the Mayor and the commission. Mr. Grassie: The point is well taken, Mr. Mayor. I had expected that possibly the time that you have another meeting, January 13th that we would be having some fairly concrete things to discuss with the City Commission regarding the Sanitat- ion. And just as the budget was an occasion for Mr. Gary to address you I would expect there will be a specific occasion for Mr. Madera to address you. Mr. Plummer: I would hope, Mr. Grassie, and I'm not saying this in criticism, I don't know how long Mr. Gunderson has been on board with the city but I think it has been almost a month and as a Commissioner of this city and a man who is in-. a position of great importance I never knew who the man was until this morning till he walked into my office. Now that's wrong. And really the only man, this one sitting here, Fosmoen, he is the only man of the new faces around City Hall that has come up and taken the initiative to say, "Hey, I'm Mr. Fosmoen. I'm happy to be here, I want to work with you and I think we can do great things for this city." Now I admire that man for that. But I think that it should be really a matter of policy of any new people that are hired, I'm not going to tell ycu the story about the other gentleman there because I was greatly embarrassed after a Saturday morning episode with him when I thought he was breaking into City Hall. But I think a matter of policy really, it should be that any new people in the administrative or department heads that at the next meeting they be brought before this commission and introduced so that we don't have to put out programs so we know who the players are. I will tell you after my meeting with Mr. Gunderson today I have great respect for the man in his ability. But until this morning I had no idea whether he was good or bad, nice guy or bad guy but after this mornings meeting I felt very good about it. So I think that in a manner of policy that once a man is hired at the administrative level or a department head or important position the immediate next meeting that he should be brought before us and intro- duced to the commission. Mr. Grassie: I take that as a well -deserved criticism, Commissioner, I accpet that. Rev. Gibson: Mr. Mayor, I want to deal with two things. I would hope that will not only be the policy for administrative, I hope that will be the policy for the city. You know when I first came down here it took you all a hell of a long time before most of you would speak to me until it was budget time and I threatened not to vote. And I said, if you all start just saying good morning, good after- noon around here I'll vote. And you know, a lot of people speak around here. Now you don't know that, Grassie, but that is the truth and I have discovered that you could do an awful lot by just speaking. A man sat at a table at an affair with me -a white man too he wasn't black- the other day and said, "You know I'm sorry as long as I've seen you - incidentally he works for the county, don't ask me who it is - he said I never had the opportunity to sit down at the table and talk with you. And here's what he said in the presence of a white woman. He said, "I'm sorry to say that I've discovered I've missed something after all this time." The point I want to make is you miss an awful lot by not speaking to people whether you be the manager or whether you be that door keeper. And the thing I have always been concerned about, if it doesn't come from the top down it t'ain't going to happen because all them other second and third, fourth, fifth, sixth, seventh, eighth, ninth guys are so anxious toget up to the top that they ain't about to speak to none the rest of them around. Now that's (1). So 1 hope all these new fellows I see around here, I hope they'll start 'speaking to everybody because you may need those people when you least expect. Ok? They may save your life. That's (1). (2) 1 like you, sir, If I don't say this 1 would be not true to Theodore. I like 63 DEC 161976 you couldn't understand, I really couldn't ur,d _ rst:u:c . hours;t we were go_.ng to get that change or some semblance of that change. Weil, Mr. Mayor, I'm not trying to say--- Mr. Grassie said something to me, I happen to have met the Sanitation Director. If what they said or indicated is true I think you may hope for some change. Is that being fair? I would say that it might be present= ly for the members of the commission and for you that maybe the unfortunate thing is counsel, that you have not really got an opportunity to talk with him and to talk with the new man. I would only urge until the next Commission Meeting> bey tween now and then you all would get together and talk and hopefully by that tithe if you don't get some indications then you come back here but I hope we Would not do it out here for one or two reasons. And I trust you'll trust me for that much. Mr. Duggar: I'd like to say one more word. What Mr. Grassie was saying about the association thinking the back is theirs and the front belongs to management, it's just about right because every time we went over to the front to try to try to get something accomplished or try to sit down to talk the first thing that would come out of their mouth is "No" without even hearing what we said. They always closed the door and I believe that's what's happening now because I don't believe the City of Miami is living up to the Consent Decree. We're ask- ing for it to be put into effect in the Sanitation Department because we don't have no discrimination in this department. Black and white work together and I don't think it's fair to us to keep a Consent Decree from us. But just like Mr. Grassie said, the back belongs to us and the front belongs to management because there is no consideration for us when we go around to the front to talk. I can say one thing about Mr. Phelps when he was here, he left his door open and I can say that about Mr. Andrews when he was here. He left his door open. Mayor Ferre: Two things I want to say. First of all that man has been here 13 days. You come back here in another couple of weeks--- And the second thing I want to say Peter, before you get up is that I said 10 minutes and it's been al- most a half an hour and these things always happen. If you want to wait and talk more about it you sit around and we'll talk more later on but we've got to get back on the agenda. ... Mr. Ken Clifford: 36, FUNDING OF DOWNTOWN CHRISTMAS DECORATIONS, Mr. Ken Clifford: I'm Ken Clifford and although I have not been active in the Downtown `:iami Association 'or the ra' t ',ear =na a ''alf on. the x'riela" Ineforo Thanksgiving I accidentally discovered that even though we had about $40,000 worth of almost new Christmas decorations in storage that the decision was made that there would be no Christmas decorations downtown. That got me rather upset and I think I took the bull by the horns and I realized that if we had no decorat- ions downtown that sure, the businessmen would have taken a rap but the City of Miami would have probably taken a bigger rap. So we went ahead, made the commit- ment with and I proceeded to try to raise money from the private sector and we have been able to raise $12,000. I told the Mayor and Mr. Grassie that we were about $4,000 short. We're really $5,000 but I know a few rocks we can turn over to get down to $4,000. At the recommendation of the Mayor I called Alvah Chapman this afternoon and Alvah said that we have to confine our solicit- ations to the downtown area. He very graciously, and the Herald has already given a thousand dollars, he very graciously offered to increase his contribution. He said, "Ken, I'll increase mine if you can get some of those other guys to do it " which I'm going to do. And really what I'm asking you folks today to really have a little confidence in me and our associates that we'll go out and try to get more but I'm also asking Mrs. Gordon and you gentlemen to at least pass in princi- ple some motion which won't leave dear old Ken out in left field because with 7 children the balance in my checking account isn't large enough to pay the bill. One thing I want to tell you that happened through this crisis, for years we've had a very serious problem of getting understanding and cooperation between the Anglo and the Latin Community downtown. What has happened through the work of the last two weeks is there is going to he a complete reorganization of the Down- town Businessmen's Committee. We have had the Latins, and this is amazing, they have been going out knocking on doors and walking out with $25 here, $50 here. We've gotten about $1,500. We're going to have a Latin as a new President of the Downtown Association. Mayor Ferre: Ken, it isn't amazing, it really —is not. That's exactly the point. You know I keep saying around here or Plunmer has a saying: If you want to dance ask me. You know? And that's what Gibson keeps on saying, You've got to tails, DEC 161976 Mr. Clifford: Well, 1 don't know whose fault it was, everybody is really working together now and if you folks, and I guess you and I talked, J. L. about this. We would like to make sure that the bill is paid. Mayor Verre: What is the shortage, Ken? Mr. Clifford: The shortage is $5,000 but I know where 1 can get another,.,WithOut they Herald and.... Rev. Gibson: Mr. Manager, I don't know of anything that makes my heart warm more than this; that's to hear a citizen come up and say what they have done in the spirit in which it was done. We ought to be able to find some money somewhere. Can we get this needed money? I want to offer the motion. Mr. Grassie: If you approve it we'll find it. Mayor Ferre: Up to $5,000, and we're hoping that Alvah Chapman's pledge and the others that you will get will bring that down to zero. Mr. Clifford: I'll give you the assurance that I'll come back to Mr. Grassie with a minimum amount and I will try sincerely to raise the money. Mayor Ferre: Well, you've done pretty good so far. Congratulations on that and I heartily agree with the motion. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 76-1114 A MOTION STATING THE POLICY OF THE CITY COMMISSION TO SUPPORT THE RAISING OF FUNDS TO PUT UP CHRISTMAS DECORATIONS IN THE DOWNTOWN AREA AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO WORK WITH MR. KEN CLIFFORD, COORDINATOR OF THIS EFFORT AND TO FUND THE SHORT- FALL OF CONTRIBUTIONS NOT TO EXCEED $5,000. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 37, ACCEPT.PHA4,I�I DESIGN DEVELOPMENT OF GROVE GROUP FOR MODERNIZATION OF. DINNER KEY AUDITORIUM. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1115 A RESOLUTION ACCEPTING PHASE II, STAGE A (DESIGN DEVELOPMENT) OF THE WORK BEING ACCOMPLISHED BY THE GROVE GROUP UNDER ITS CONTRACT DATED APRIL 9, 1976 WITH THE CITY FOR REDEVELOPMENT AND MODERNIZATION OF DINNER KEY AUDITORIUM AND ITS IMMEDIATE SURROUNDINGS. (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; Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NABS: None. ABSENT; Rev. Gibson. 38 MISCELLANEOUS . 1. OAS MEETING IN WASHINGTON, MAYOR FERRE TO ATTEND, DISCUSSION 2. COMPLETION DATE OF DINNER KEY EXPOSITION HALL, 3. STATUS OF PROPOSED GROVE KEY MARINA RESTAURANT. � � 1I: STATUS OF NEGOTIATIONS W/ MONTY 1RAINER SON CITYaOWNEDPROP.) Mayor Ferte: I got a very nice telegram from the Secretary General of the OAS to Meet him in Washington for the signing of an agreement for the OAS Trade Fair Whitt: incidentally the OAS is going to sponsor and approve which is good news, indeed. My concern is delivery because we've got to have that auditorium finished by the end of the year and that's a very short period of time. Now are you going to be able to deliver? Mr. Borrotto: Mr. Mayor, I'd like to report at this time that we are one month ahead of time. Mayor Ferre: I didn't ask what I asked you. Are you going to cut the ribbon on Mr. Borrotto: We hope so. have speeded up the work. Mayor Ferre: If you've got any problems with the city you come here. Mr. Borrotto: Minor problems that are of no consequence. you that. I congratulate you for that but that's not going to be able to finish that project? And are we it before the end of next year? So far we've had the cooperation of the city and we Mrs. Gordon: May I ask a question, Maurice? Because the comment that was made at the conference bothered me afterwards when I thought about it. There was talk about leaving out the trees and that's what attracted me so much to your project. Mayor Ferre: Leaving out the trees? Mrs. Gordon: Not him, not you, but the people who were at the conference or some- body there that was one of the speakers, I don't remember which one, said Ok but the trees won't be there so you'll have more room for tents and things. And I'm going to tell you that that was one of the very reasons that I went with you on your project development scheme because I liked that you disguised the ugliness of the building and you made it look like a park. Mayor Ferre: Any changes on that? Mr. Grassie: No, sir. One of the speakers at the conference did mention that he felt that bubble or tent kinds of facilities could be put outside of the auditor- ium if necessary to expand this space but that was simply his statement... Mayor Ferre: They've got plenty of room over at Kennedy Park and over at.... Mr. Grassie: I'm not aware that anybody in the administration is talking about... Mayor Ferre: Alright, let me ask you this in reference to that. You were going to come back with a second phase, the broadwalk. Mr. Borrotto: Yes. Mr. Grassie: That's being designed now I believe. Mr. Borrotto: Well, we have submitted to the city our proposed estimate. Mayor Ferre: How much is it? Mr. Borrotto: I don't recall offhand but it's I believe at Mr. Grassie's office. Mayor Ferre: Well when is it going to come up to the Commission for approval? Mr. Borrotto: I presume in the next agenda. Mr. Grassie: It's someplace between their office and our office but my staff bas not seen it there. Mayor Ferre: Yes, but I don't want to end up with another Little Havana Mini -Park or that Flagler Mini -Park that it's taken two years to get going. It still isn't going by the way. 66 DEC 161910 011 0111 Mr, Grassie: He assures us that he has sent it so we'll •act copies... Mr, Bortotto: Would you like a copy? Mayor Ferre: No, let the manager do it his way but I want to know whe yo aVe it to him. When did you submit it? Mr, Borrotto: I believe it was mailed last Thursday. Mr, Grassie: We probably haven't received it yet. Mayor Ferre: That's reasonable. In other words it's been ih the last week, it Wasn't a month and a half ago. It's not sitting on soMebody's desk oh top of another pile of paperwork. Mr. Grassie: We'll find it. Mayor Ferre: How much is it going to cost? bo you remember, Yiannis? Mr. Antoniadis: Approximately $360,000. The number comes to my mind but I don't recall exactly... Mayor Ferre: Well, I hope, Mr. Manager, that you will bring it to the commission's attention for discussion in early January so we can get on with this or not be- cause I think it's very important that we make a complete thing out there. Does that include the bleachers? Mr. Borrotto: No, it does not. The bleachers I believe come under the federal grant that was applied for. Mayor Ferre: Did you put in for that under the federal? Mr. Grassie: I was not of the impression that we had. We have put in a grant application for that facility but my impression was that it was the facility as designed. Now as you know as we tried to point out the design does not include bleachers. Mayor Ferre: I know that and that's the point. See, Plummer brought out some- thing which even though I disagreed at the time I don't disagree with the thrust of what he said which is that sooner or later we've got to face that one. So my question, and I want to remind you if you'll go back to the minutes you'll find out that you were mandated by this commission to come back not only with a re- port of the boardwalk and what have you but also the cost of the bleachers. Mr. Grassie: Well, as I recall that mandate, and that is underway right now, as I recall the mandate, Mr. Mayor, it was broader than that. You asked that we make a recommendation with regard to meeting the needs of the community, this com- munity with that range of athletic facilities. And we are taking a much more broad look at the problem than simply providing bleachers in this one facility. Mayor Ferre: Mr. Grassie, I'm not questioning that. I am saying if my memory serves me right it has been three months. The first phase of it is in your hands as of Thursday mailed and I hope that the next portion of it is coming up soon behind that. That's all I'm saying. Mr. Grassie: In terms of our strategy we assume that we are going to get the Public Works money. I would think that that then would make us a lot more liquid in terms of funding... Mayor Ferre: I don't question any of that. Again, we need to have the basic facts and information as to what it is going to cost and what it is going to look like and what kind of bleachers he's talking about and so on. Somebody has to make that study. Obviously the architects are not making that study and, there- fore, I'm asking who is doing it and when will it be done, I guess. INAUDIBLE Mr, Grassie; We'll get you fully,,, Mayor Ferre: Yes. I'd like to have a schedule of when you're going to answer. If nothing else would you let us know in January what the time frame for all these things are? Alright now, on related subjects: The restaurant out there, Grove Key Marina, I Saw Spencer Meredith. When care they coming bacX with their---? 6 DEC 161976 Mr Grassie: We had hoped to have them on thi : ag n.L. "he nc;jotiations have been Very intense recently. Mr. Fosmoen has been conducting them. We are c_.ose to a proposed agreement with them. As I say, we had hoped to have them on this agenda. We did not make it. We should.... UIDENTIFIED SPEAKER: Planning Advisory Board and it'll be at your next meeting. Mayor Ferre: So we will have it in the next couple of meetings anyway? Mr. Grassie: When are they going to the Planning Advisory Board? Mr. Fosmoen: of January. Mr, Grassie: you. Because of the zoning on the property they have to go on the 5th On the 5th of January to the Planning Advisory Board, after that to Mayor Ferre: All right, fine. Next one Monty Trainor, that's been about 4 or 5 months on that one. Where do we stand on that one? Mr. Fosmoen: We're also in negotiations. Mr. Grassie: Again, we had made virtually no progress until Fosmoen came aboard. He has been working on that quite intensively. Those are not quite as far along as Grove Key negotiations but he in the last 10 days have made a lot of progress. I'll let you guestimate when we're going to conclude. Mr. Fosmoen: We're hoping to conclude those within the next month. ... Mayor Ferre: What you're saying is that hopefully by the end of January or the first of February sometime you will have concluded and the process will start going through Planning and then to the City Commission. Mr. Fosmoen: We'll have a recommendation. That item does not appear to have to go to Planning. Mayor Ferre: Ok. Well, the key to it as I recall he was going to spend a couple million dollars. Mr. Fosmoen: The minutes reflect a 1.4 million dollar expenditure and ing to tie that down to exactly what that includes on what properties. Mayor Ferre: Yes. I would imagine that the negotiations are a little ent than the other problem. we're try - bit differ - Mr. Grassie: Well yes. And you know we have to tell you that there's a big differ-' ence between their conception, Trainor's conception of what he'd agreed to and possibly the impression that you got in the minutes. So we started very far apart and we're a lot closer together now. Mayor Ferre: Alright, sir. Anything else on that? 39. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT: The following resolution its adoption: - BETWEEN CITY OF MIAMI AND ADVENTURERS YACHT AND SAILING CLUB, INC. - RENT OCANOEs SAILBOATS & RENTAL LESSONS AT DAVID KENNEDY rARK, was introduced by Commissioner Plummer, who moved RESOLUTION NO. 76-1116 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE ADVENTURERS YACHT & SAILING CLUB, INC. FOR THE OPERATION OF THE SAILBOAT RENTAL CONCESSION AT DAVID T. KENNEDY PARK TO PERMIT THE CONCESSIONAIRE TO RENT CANOES, A 27 FOOT CATAMARAN SAILBOAT, AND TO OFFER SAILING LESSONS, SUBJECT TO ADVANCE APPROVAL OF THE PRICE FOR SUCH RENTALS AND LESSONS; FURTHER AUTHORIZING ADDITIONS OR DELETIONS OF RENTAL ITEMS CONNECTED WITH RECREATIONAL BOATING SUBJECT TO ADVANCE CON- SENT OF THE CITY MANAGER, AND PROVIDING THAT THE HEREIN AMENDMENT_ BE SUBJECT TO ALL PROVISIONS OF THE EXISTING AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 68 DEC 161976 fi Upon being seconded by Commissioner Gordon, the c,'.u:lion was passed and adopted by the fcliowing vote- AYES' Mrs. Gordon, Mr. PluMiter, Rev. Gibson and Mayor Ferre. NOES: None. M'': Mr. Reboso. 40. DENY AGREEMENT WITh UNIVERSITY ORACE BOWL STADIUM, Mayor Ferre: Take Item 34. Mt, Plummer: Move to d%: ny Mayor Ferre: Well, I agree bit why. with that but 1 think you'd 'better explain a lift Mr. Plummer: It's a bad deal for the city. Mayor Ferre: Alright, for the record, you know I do serve on the Board of Trustees of the University of Miami. Let me point out that I agree with Mr. Plummer's move for denial because ... Plummer is making a motion to deny. And before asking for a second I just want to speak for the record briefly because there are a couple of reasons. The thrust of that as you may recall was Paul Andrews' theory that we got the University of Miami, it would be easier to deal with the Dolphins which I think is rather wishful thinking. I think the main point is that there is a favored nation's clause in there. And the favored nations' clause is like, it defeats the whole purpose of what the original thrust of this. You can't eat your cake and keep it too. Either you make a deal or you don't make a deal. Now they made a deal but they have the right to come back and, therefore, I think that's unfair and I think rather unfortunate. Mr. Plummer: Mr. Mayor, don't stop there. If you've read the entire contract we are trying to provide this city with a first rate scoreboard in which it will cost the taxpayers nothing and, in fact, will derive a certain amount of revenue to the city. That revenue doesn't come from a magic wand. It comes from advertisers. It is spelled out in this contract that the University of Miami is fortunate enough to get a TV game that the city of Miami has to cover up that advertising so it won't be shown on television. Now you know the people who spend their good dollars on that scoreboard are not going to go for that one minute. Another point... Mayor Ferre: The thing that I question, Mr. Manager, it says here the City Man- ager recommends. There is a basic question. Are you recommending that contract the way that thing is written? I have to put on the spot, I'm sorry. /r Mr. Grassie: If I were starting today, Mayor, I would not recommend it but the fact is that the city is not starting today. The fact is that the city has in the past had an agreement with the University of Miami which in fact subsidized them for $25,000 a year in their publicity. You have this tradition of 10 years so now you're looking at the world in context of what you've done and what the administration and I presume the City Commission has promised to do in the last year. Mayor Ferre: No, not so, I do not recall that this commission ever agreed on a "Favored Nation's Clause" and ever agreed to cover up that board. I've never heard of that before. Mr. Grassie: You're right on both of those points as far as I know. I think that those are two new provisions that came into the agreement in the last re- draft. Mayor Ferre: Well, I'd like to know who negotiated this contract for the city, Mr. Grassie: Well, our staff did, Mr. Jennings specifically but.... He did what appeared to be possible. Mayor Ferre: Through you to Mr. Jennings, was he instructed to accept that or was that something that he negotiated on his own? Mr. Grassie; No, he got tor us T assume the best deal that he thought was attain- able, Mayor Ferre: Al defer it? right. There is amotion to deny at this time. Would you rather 69 DEC 161976 Mf, plUMMer: No, I want to deny it. I z, .'t I want to cony thi... Then a subsequent motion would be send it back to renegotiate some that is,.. Mayor Ferre: Mrs, Gordon: Ok. When is this supposed to take place'? Mar. Plummer: They've already played their last game and it until next year. Mayor Ferre: Mr. Plummer: Mr. Grassie, but, in fact, $250,000 and Just like the Dolphins. e're hot wbrtied a i ut And Mr. Mayor, I want to put on the record that that $25,000 a year, since you don't know was under a disguise of calling it publicity it was to pay for their Astro Turf on their baseball field which was the loth year has been paid. Mayor Ferre: You're not supposed to say that. Mr. Plummer: I'm not supposed to matter is that has in fact been a Miami. It's no longer generosity say that, excuse ma. Now, generous gift of this city it's now mandatory and I'm Mayor Ferre: Those are three good reasons. the truth of the to the University of not going for it. Mrs. Gordon: I can't vote with the motion because first of all the way it is written here it doesn't say the amount of the agreement. Mr. Plummer: Yes it does, Rose, read the contract. The amount of the contract is 10%. Mrs. Gordon: Well, the resolution that I read is Authorizing and directing the City Manager to enter into an agreement... Mayor Ferre: The agreement is in your packet. Mrs. Gordon: about it. Well, if you all feel that way I'll go with you but Ifeel bad The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-1117 A MOTION OF THE CITY COMMISSION TO DENY RATIFICATION OF AGREE- MENT BETWEEN THE UNIVERSITY OF MIAMI AND THE CITY OF MIAMI FOR THE USE OF THE ORANGE BOWL STADIUM FOR UNIVERSITY HOME VARSITY FOOTBALL GAMES. Upon being seconded adopted by the following AYES: Mr. Plummer, Rev. NOES: None. ABSENT: Mr. Reboso. by Commissioner Gibson, the motion was passed and vote: Gibson, Mrs. Gordon and Mayor Ferre. Mayor Ferre: I would like to in voting, for the record, give four reasons why I'm voting with it. (1) It is not in accord and Mr. Jennings, I want you to listen to this. This agreement did not have a "Favored Nation's Clause" and when it was taken to the Board of Trustees of the University of Miami one member said, Why should we do this and then that and they reversed the committee's agreement after they had agreed with you. So they're not playing fair because they changed the rules of the ballgame after they made an agreement. Now I grant it was the committee, not the full Board of Trustees. But they came back with a zinger. So (1) I vote with the motion because this is not the original intent as outlined by Paul Andrews. (2) There is a "Favored Nation's Clause" in there which was never agreed upon by this commission. (3) There is a section in here which deals with the advertising on the scoreboard which again was not part and parcel. And (4) There is a manda- tory payment on our part of $25,000 a year. Now I want to point out--- How many games does the University of Miami play? They played 5 games. Now, and their usual take is how much? Mr. Jennings; Let's say an average of 20,000 spectators at about $7 per ticket. It's $140,000 per game for 5 games, not net, 70 DEC 161976 Mayor Ferre: That's what "['m jetting to. That's T7O,O0:) year. Mr. Grassie, does that cover our cots in•your opinion? Mf Grassie: No, sir. Mayor Ferre: Alright. Now, so t have a fifth point. The fifth point is that We ate being asked to subsidize not only $25,000 a year payment for A,stro Turf ih a baseball field in Coral Gables which is what that money is going to but in addit- ion to that the $70,000 or thereabouts that we're going to receive isn't evet: enough to cover our expenses. So those are 5 reasons why I vote with this motion. Mr. Plummer: I want them to listen. I want to hit them in the pocketbook. Have we made a donation this year of $25,000 in the budget to the University of Miafiti as in the past? Mr. Grassie: It's provided for, sure. Mr. Plummer: Ok, I make amotion at: this time that no payment be made to the Uni- versity of Miami of the normal $25,000 until the conclusion of this contract. Mt. Grassie: Without an agreement we wouldn't have any instrument to pay it. Mr. Plummer: This has nothing to do with the agreement, that's the point I'm trying to make; that this agreement for the use of the football field has nothing to do with the $25,000. In the past we have out of generosity given them $25,000. Mr. Grassie: I'm agreeing with you, commissioner, what I'm saying is that if you don't approve this agreement we don't have a basis to pay. Mr. Plummer: Well, you do have if you appropriated the money you have a basis because it has nothing to do with the contract. Mayor Ferre: What he's talking about is a moral obligation. Mr. Plummer: That's what I'm... Mayor Ferre: But on that point, J. L., we'd better be careful on that because you know let's tread easy. Mr. Plummer: Ok, when Joe Robbie stands up there in court again and the University is playing there and we don't have a contract I'm telling you let's quit playing games. Now you want to make them listen, hit them in the pocketbook. I'm tell- ing you don't give them the $25,000 and let's force the issue. I think this is game playing with the city's money. I made the money that the appropriation so indicated in the budget of $25,000 contribution to the University of Miami not be forwarded until the conclusion of this contract. I'm sure going to feel bad if they get that $25,000 and sit back there and laugh at me. I'm telling you in a motion. Now you want me to... Mrs. Gordon: Joe, do you need a motion? Mr. Grassie, do you want it? Mr. Plummer: I withdraw the motion. NOTE: Mayor Ferre relinquished the chairo Commissioner Plummer, DEC 161975 fiNk 41. AgNoRizE CITY MANAGER TO ENTER INTO AGREEMENT BETWEEN: SCUMERN BELL ► LEPHC & TELEGRAPH COVIPMY FOR CITY OF MIAMI LAW DEPARTMENT. Me following resoltitiofl was introduced by Coftti issioner Gordon, Who MOVec § adoption: RESOLUTION NO. 76-1118 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUBSCRIPTION AGREEMENT WITH SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY FOR EQUIPMENT AND SERVICES AT THE LOCATION OF THE CITY LAW DEPARTMENT, 174 EAST FLAGLER STREET, MIAMI, FLORIDA, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE CITY LAW DEPART MENT. (Mere 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: Mrs. Gordon, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. 42, AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT The following resolution its adoption: - SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY FOR UNDERGROUND FACILITIES NOTIFICATION CENTER. was introduced by Commissioner Gibson, who moved RESOLUTION NO. 76-1119 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY; PEOPLES GAS SYSTEM, INC.; FLORIDA GAS COMPANY; AMERICAN TELEPHONE AND TELEGRAPH COMPANY LONG -LINES DEPART- MENT; AND METROPOLITAN DADE COUNTY, DEPARTMENT OF PUBLIC WORKS, AND DEPARTMENT OF TRAFFIC AND TRANSPORTATION; FOR THE PURPOSE OF ESTABLISHING AND FOLLOWING A METHOD OR SYSTEM OF COMMUNICATION DESIGNATED AS UNDERGROUND FACILITIES NOTI- FICATION CENTER, WHEREBY ALL PERSONS, FIRMS, EXCAVATE, DRILL, BLAST OR OTHERWISE DISTURB THE SURFACE OF THE EARTH WITHIN THE AREA OF DADE COUNTY, FLORIDA, CAN NOTIFY IN ADVANCE ALL INTERESTED PARTIES OF THEIR INTEITION TO DO SO BY CALLING A SINGLE TELEPHONE NUMBER. (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 an adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. DEC 16 196 MIR MID mmai 43 ACCLPT COMPLEIED WORK; CURTIS PARK BOAT RAMP - 1975 The following resolution was introduced by Commissioner Gof its adoption: RESOLUTION NO. 761120 A iESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMEb by EBSARY FOUNDATION CO. AT A TOTAL COST Of $76,660.76 AND AUTHOR IEING A FINAL APYMENT OF $7,666.08 FOR CURTIS PARK - BOAT RAMP 06 J.075. (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: Rev. Gibson, Mrs. Gordon, Mayor Ferre and Mr. Plummer. NOES: None. ABSENT: Mr. Reboso. 44. ACCEPT COMPLETED WORK: DOUGLAS PARK - IMPROVEMENTS --- 1976. NOTE: Mayor Ferre resumed the chair. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1121 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMED BY METRO CONTRACTORS CO., INC. AT A TOTAL COST OF $115,598.22 AND AUTHORIZING A FINAL PAYMENT OF $11,599.84 FOR THE DOUGLAS PARK - IMPROVEMENTS - 1976. (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 an adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 45, ACCEPT COMPLEIED WORK: ORANGE BOWL - WATER MAIN IMPROVEMENTS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-1122 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMED BY BISCAYNE CONSTRUCTION, INC. AT A TOTAL COST OF $36,700, AND AUTHORIZING A FINAL PAYMENT OF $3,670 FOR THE ORANGE BOWL - WATER !MAIN IMPROVEMENTS - 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NQE5 Gibson, the resolution was passed and ACCEPT COMPLETED WORK; RIVERSIDE BAPTIST CHURCH BUILDINGS DEMOLI T I ONS—1976, 'die fo11cy.tinc resolutien '4as introduced by ^o issioher bleb t, Mid WV* its adoption: RESOLUTION NO. 76-1123 AMOtUTION ACCEPTING THE COMPLETED CONSTRUCTION WORK PER,. POAMtb $Y GARCIA EQUIPMENT CORPORATION AT A TOTAL COST OF $3,842 AND AUTHORIZING A FINAL PAYMENT OF $384.20 FOR THE RIVERSIDE BAPTIST CHURCH BUILDINGS DEMOLITION - 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None, 471 ALLOCATE $31000 MODIFICATION OF TWO GREASE TRAPS AT MIAMARINA, ETC, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-1124 A RESOLUTION ALLOCATING THE AMOUNT OF $3,000 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUNDS - UNALLOCATED FUNDS" FOR PURCHASE OF MATERIALS AND THEIR INSTALLATION, THEREBY MODIFY- ING TWO EXISTING GREASE TRAPS AT MIAMARINA AND AUTHORIZING THE PURCHASE AND INSTALLATION TO BE ACCOMPLISHED BY PURCHASE ORDER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. DEC 161976 , ALLOCATE $3,000 FOR CONSTRUCTION OF A RIP -RAP BULNI) TO PROTECT FROM EROSION AT SOUTH WEST 5TH STREET, The following resolution was introduced by Commissioner do dor who adoption: RESOLUTION NO. 76-1125 A RESOLUTION ALLOCATING THE AMOUNT OF $3,000 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" FOR THE PURCHASE OF MATERIALS FOR CONSTRUCTION OF A RIP -RAP BULK= HEAD AT S. W. 5 STREET ON THE SOUTH SIDE OF THE MIAMI RIVER EY CITY FORCES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None, 4A, AUTHORIZE AN INCREASE OF THE SCOPE OF CONTRACT FOR THE BELCHER PROPERTY - PARK ILVELORIDIT, The following resolution was introduced by Commissioner Gordon, who moved' its adoption: RESOLUTION NO. 76-1126 A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $5,000 FOR THE BELCHER PROPERTY - PARK DEVEL- OPMENT; AND ALLOCATING THE ADDITIONAL AMOUNT OF $5,000 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" FOR PAYMENT TO THE CONTRACTOR, EBSARY FOUNDATION COMPANY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and'. adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 50, AUTHORIZE CITY fv1 AGER TO PERMIT DADE COUNTY TO OBTAIN 50)000 CUBIC YARDS OF FILL, ETC, Mr. Plummer: I move to deny. Mrs. Gordon: Second. Mayor Ferre: There's a motion and a second to deny Item 44. I want to speak strongly against that and I want to do it so understand. I don't mind punching somebody if I have to and if it serves a purpose. I don't like cutting my noue to spite my face. What you're doing here is not only are you denying Metro their 50,000 cubic yards of fill for Virginia Key, what you're doing is you're denying the City of Miami 50,000 yards that we need in Bayfrong Park. Now you know. If you want to hit them hit them but hit them not where it hurts us. Mr. Plummer: But Mr. Mayor, do you recall when we needed fill at Bicentennial we had to pay about.... Mayor Ferre: Darned cheap, You bought it cheaper than Mule Industries would eeil it to you or anybody else in this town, MEs MEW Iftsr 75 DEC 151976 Mr, Pluttrner: How much did we pay for it, Vince? M. Grimm: If i remember that correctly, Mr. Plummer, we did not buy the fill at all, we borrowed it from them from Dade County. What we paid for was the hauling Cott and the loading cost. It was in the vicinity of about 50 a yard if t rent& enter. . Mayor Ferre: You're kidding. Mr. Plummer: We just recently bought fill at Virginia Key. How much did we pay for it? Mr. Grimm: No, sir, what we did at Virginia Key was to take the fill that we had placed over there in the dredging project and haul it to Virginia Key to meet the necessary requirements for a Sanitary land fill operation. That had nothing to do whatsoever... Mr. Plummer: How much did we pay for it? Mr. Grimm: Again, we did not buy fill, all we did was haul it and my memory of that was about 50 a yard. Mr. Plummer: Well, all I'm saying to you is cooperation is a two way street. Mayor Ferre: That's exactly the point. Mr. Grimm: Let me explain this to you. I think maybe there's a little confusion. A couple of years ago we proposed to the county the exchange of fill to prepare our dump or the filling of Bayfront Park when we got a permit. Now the county did this. They thought it was a good idea. They agreed to this over a year ago. We did not pass the necessary resolution by this commission because even today we don't have a permit. Now, what this offers us the opportunity to do is trade them 50,000 yards of fill for their use from Virginia Kay and us 50,000 yards of fill from Dodge Island. There is no money involved between the two agencies whatsoever. Mr. Grassie: Could I make another suggestion? Mr. Plummer: Joe, I understand it fully. You don't have to make it any clearer. Ok, it is a good deal for the City of Miami. Mr. Grassie: But the point I'm going to make, if I may, Commissioner, is differ- ent from that. The point that I want to make is that in the last two weeks we're starting to talk to the county staff. Now I realize that on the Velodrome they've poorly. Mr. Plummer: Imprudently. Mr. Grassie: But we're trying to open up cooperation and in just a minute I'm going to ask you to adopt a resolution which is not on your agenda which represents cooperation between the city and the county and the private sector to do something about the Federal Reserve. I'm going to bring that to you. Our people and their people are meeting downtown right now on this. I guess what I'm saying to you is you've got a new County Manager, let's give the process a chance. Let's try once more, I know you've tried it for 7 years but let's try once more and see if we can make it work. Mr. Plummer: I'll withdraw my motion. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1127 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PERMIT DADE COUNTY TO OBTAIN 50,000 CUBIC YARDS OF FILL FROM THE CITY'S VIRGINIA EBY STOCKPILE FOR USE ON THE COUNTY'S RICKENBACKER CAUSEWAY BEACH RESTORATION PROJECT. (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; Mr. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre, NQES: None. ASSENT; Mrs. Gordon. 76 DEC 161976 511 ACCEPT PLAT: COMET SUBDIVISION, The following resolution was introduced by CoMMiSsioneUMMet,W16 igOVed it g gdObtibgt RESOLUTION NO. 76-1128 A RESOLUTION ACCEPTING THE PLAT ENTITLED COMET SUBDIVISION, A SOB. btVtsIoN IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICAT. IONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF SIDEWALK UNTIL REQUIRED BY THE PUBLIC WORKS DEPARTMENT; AND AUTHORIZING 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 following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. 52, ACCEPT PLAT: ANNON SUBDIVISION, The following resolution was introduced by Commissioner Gibson, who moved. its adoption: RESOLUTION NO. 76-1129 A RESOLUTION ACCEPTING THE PLAT ENTITLED ANON SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND 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 Reboso, the resolution was passed an adopted by the following vote - AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. /16 53, ACCEPT PLAT: MORA TRACT, The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1130 A RESOLUTION ACCEPTING THE PLAT ENTITLED MORA TRACT, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING 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 Plummer, the resolution was passed end adopted by the following vote - AYES; Mr. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT; Mrs. Gordon. AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ACCEPT COVENANT - STUDIO SHOPPING CEfER, INC, The following resolution was introduced by Comfnissioher Reboso, wihb WW1 its adoption: RESOLUTION NO. 76-1131 A RESOLUTION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO ACCEPT THE COVENANT RUNNING WITH THE LAND, DATED NOVEMBER 4, 1976, FROM THE STUDIO SHOPPING CENTER, INC., SUBJECT TO THE OWNER POSTING A BOND WITH THE CITY IN SUFFIC- IENT AMOUNT TO GUARANTEE THE RELOCATION, REMOVAL, EXTENS- ION OR ABANDONMENT OF THE SANITARY SEWER FORCE MAIN IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE COVENANT. (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: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. 55, AUTHORIZE CITY MANAGER - TO ENTER INTO AGREEMENT LAWFIRM OF SEYFARTH, SHAW, FAIRYEATHER GERALDSOIN - LABOR RELATIONS MATTERS, Mr. Plummer: Mr. Mayor, I'm going to move to deny. This is a firm out of Chicago, a very fine firm, a very well-known reputable firm and I think that if this city was the City of Chicago it would be great to hire them. We have been using a local firm who have done a good job for the City of Miami. Maybe they're not as large as the Chicago firm but they represent some pretty fine clients. This firm that the City of Miami has used very successfully for some period of time have put on seminars which I have attended at the Florida League meetings across the State of Florida and I think that the only way our small local firm is ever going to get the recognition of that of the Chicago is firm is having clients like the City of Miami, City of Coral Gables and others. Mayor Ferre: J. L., you have a motion, let me speak to that. Now my own firm... Mr. Plummer: Excuse me, let me continue. Mr. Mayor, I am a strong advocate as Father Gibson is that this is the type of a thing where we should have someone on a full time basis in house and until such time as we have the capabilities under the leadership of Mr. Knox I think that we should continue with a local firm with the eventual hope of our own department taking over. Mayor Ferre: Look, I'm going to tell you about my own situation at Maule. God knows Ray Mueller and those fellows are really exceptionally fine attorneys. We use an Atlanta firm, Fisher and Phillips. Now as a matter of fact, J. L., I want you to listen to this. As I recall Mr. Mueller came from Fisher and Phillips at one time and that's fine. But you see, labor law is a very complicated type of a thing and sometimes you need more than 1 person and the expertise that you need is complicated. Now, that when I need a lawyer I don't go up to Atlanta to get a lawyer, I get a lawyer here. If I need an engineer I get an engineer here. But if I need somebody to design a nuclear reactor you know I'm not going to get an engineer to design a nuclear reactor here. Now I'm not saying that labor law is like nuclear physics but I am saying that it is a very highly specialized thing. If I need to get financing and I need an investment banker there are investment bankers in Florida but I go to Wall Street. Why? Because I go to Solomon Brothers or I go to Rothchild or I go to that Merrill. Lynch. That's where the action is and that's where they've got firms that have great expertise in this area. Nov I'm going to ask Mr. Mielke a question through you, Mr. Grassie. This is a very complicated field and I really have to leave and my vote is going to depend on your recommendation. I happen to think that the law firm of Ray Mueller is except- ionally well qualified. It's a two or three lawyer firm. Now, have you spent the time to discuss this with that law firm and other law firms in Miami and 4.re you tailing us that you don't think you can get the kind of service you need from the local law firms in labor law? mmirst MMiM MIL MEM =1114- 78 DEC 161976 mmm mwisw MEP Mr. Mielke: Well, 1 think I'd like to answer that by sa•,Lr... I'm like tilt.. Mayr. If I'M going to have to be replumbed I'd like to know that I've got the best plumber in the market. MtS. Gordon: Who makes the best plumber? Mt. Mielke: I would suggest that the track record probably is the prifle bone. I don't intend to suggest that .... I would simply say that the people we're talking about at least in my mind are probably one of the very top management labor law firths in the country. They represent people like Firestone, H. F. Goodrich, Amstar, I think they even represent the Herald over here. All I'tn saying I guess in response to that is I did have conversation with Muller & Mintz. We did talk about some other firms. In fact, some time ago Muller & Mintz ever substituted counsel for us because I wasn't particularly enamored with the person who was serv- icing the account so we did have some conversation on it. Mayor Ferre: I want Plummer to hear all of this. J. L., I want to tell you some- thing. You saw Mr. Joe Guandola here this morning. Now he's from a law firm in upper New York. The name of the Law Firm is Mitchel Petty. John Mitchell, you know where he is. If he had stuck to doing what he knew best, he happened to be the best bond counsel in the country. Now, we used to have a Florida firm, it wasn't a Miami firm it was a Jacksonville firm. Mr. Plummer: Tallahassee. Mayor Ferre: Tallahassee and Jacksonville because it was Ferris Bryant's law firm. I'm not knocking Ferris Bryant, Ferris Bryant is a tremendous lawyer. But the fact is if you want to get that ##1 bond counsel in the United States you've got to go to Mitchell Petty, I'm sorry. That's just the way the ball bounces. Now, I've never even heard of the firm Seyfarth, Shaw and Fairweather. I'm going to tell you something, and I have my differences with the Miami Herald. You know who the Miami Herald's Counsel is? Dan Paul. You know that Dan Paul started out in :he city as a labor lawyer. One of the things he did was labor law. With all du..y re- spects to Dan Paul he doesn't represent the Miami Herald in labor law. Why? They went for the best firm and the best firm happens to be, there are only two or three super firms in this and evidently these are--- Now, as far as I'm concerned if that's the way you feel I'm going to back you. Mr. Plummer: Mr. Mielke, the question has to be put to you, do you know anything detrimental or anything adverse against the firm that the city has been using? Mr. Mielke: Well, I think you'd have to ask the--- I guess what I'd have to comment by this is saying I don't think (1) that there is, of the qualifications of the other firm that we're talking about and (2) We were paying them $250 a month retainer fee which the firm will not get whatsoever. Mr. Plummer: They'll get expenses. Mr. Mielke: They'll get expenses except if they're in the process of opening an office here in Florida which will either be in the City of Miami or in the Tampa area. And as near as I know they're right now negotiating a lease for Miami. Mr. Plummer: Tampa doesn't do me a damned bit of good. Mayor Ferre: (INAUDIBLE) Mrs. Gordon: The $250 we're talking about, what was that? That's a minor amount of money, what was that for? Mr. Mielke: I can only speculate, Commissioner Gordon, it was in a contract that I received when I got here. It was a $250 a month retainer which they received. Mrs. Gordon: That's all? Mr. Mielke: Well, plus whatever services they billed. Mrs. Gordon: Well, I'm going to say what I want to say and that is that you ment- ioned some very important clients apparently that this new firm is handling. Mr. Mielke: Also the State of Florida. Mrs, Gordon: How about the firm we've had, they've had some pretty big clients too I think like Florida Power and Light, J. C, Penny, Greyhound Corporation, there is a whole list. I looked at the background and there's a whole lot of big and hies that feel that they're pretty good. Now, have you ever worke3 irm on any other, in any other places? Are you more familiar with comfortable with them? Is that your reason for wanting them? t Me tell you that my only association with Seyfarth, Shaw Geraldson, that the State of Florida in its wiseoft hired theft as counsel long before t got there. Int you worked with them? ley were on board representing the State of Florida when t got there. Lred them, not I. 3ut you worked with them? did work with them there, yes. 3o you feel kind of comfortable with them. 'm fully aware of their capabilities, iet's put it that way. t arly in the question of unit determination questions and that sort nk they're unbeatable. And you don't feel the same kind of rapport with the other firm that think that's a kind of an awkward question to ask me, Commissioner. Well, it is awkward but it is frank. :f you asked me that I would say yes, you are absolutely correct. Would you repeat the question, I didn't hear it. Well, I asked if he didn't feel as comfortable with this other firm, Lt is a matter of personalities and that's a consideration. I'm not =hat's a consideration but on the other hand I think another consider- -sets all other considerations is the locale of a firm and we're deal- -st class firm. So I'm in favor of retaining the same firm we've your motion. My name is Mike Casey, I'm from Muller & Mintz. I didn't plan =king tonight but there were one or two little things that came up You should be aware of. (1) We're not a three man firm, we're an «. The members of the firm are all certified as specialists in Labor 'rida Bar. Secondly, on the retainer, Mr. Mielke was not here when las entered into. The retainer was entered into about I think a year Yered routine services - telephone calls, things like that, so on and purpose of having a retainer with the client is to give the client >ious service as opposed to someone who just comes in off the street. here isn't really whether or not our retainer should be continued not really concerned about whether the retainer with our firm is con - concerned that the city continue to use our services on an as -needed would use Mr. Clark's firm from Chicago. And so we're not debating Call the question. Mr. Mayor, we should point out that the resolution that's I hope in because it was modified today, does provide for the possibility I _, of seeking counsel from more than one firm. But it also indicates that the firm that the Labor Relations Office would intend to seek in ...with a firm. Mr. Knox, we've heard from the Manager's side and we haven't heard ,r's side and this is a legal matter and I'm sure you've been involved 3 like to ask your opinion. Hope you have before you a proposed resolution on top of which indi- is is a substituted resolution. The City Attorney's Office during the =d a very carefully worded resolution which is designed to provide one ernatives to the Labor Relations or the City Manager and the City Fr- 80 DEC 161976 Attorney (1) to determine the magnit_udJ and speziaA service tha': the .t Would need as it relates to labor law. And i': would provit:i one of three aitarnc :- ites to the city: (1) If the nature of the problem is such that it can be handled ih house then that's allowable under the resolution. If the nature of the problem is such that it can be handled by Muller & Mintz or any local law firm then that's permissable under the resolution. And if it is of such a nature that in the wis- dom of the City Attorney's Office and the City Manager's Office it must be handled on an as needed basis by the Chicago law firm and this is permissible under the resolution also. So while this resolution establishes an agreement with the firm (1) It does not provide for a retainer and (2) it provides a schedule of payments on an as needed basis based upon the nature of the labor law problem that the City Might face. INAUDIBLE Mr. Knox: Allowing for the, I believe that the resolution allows for three dif. ferent kinds of situations that I just described. And based upon that I would subscribe to the Manager's recommendation that wee.. Mrs. Gordon: George, in the reverse, are you saying that the door would be closed and we could not call upon the other firm in the opposite posture? Mr. Knox: Not at all, Commissioner Gordon. Mrs. Gordon: So, therefore, if Mr. Plummer's motion and my seconding of that motion which is not resolution, it hasn't been drafted yet, were passed you c'uld and that would never preclude the consultation with any other law firm that you might feel necessary. Mr. Knox: That's correct. Mrs. Gordon: Therefore, .... Mayor Ferre: But nevertheless, you are concurring with the Manager's recommendat- ion for us to vote the resolution as presented to the City Commission. Is that correct? Alright, I think we understand the issue. Any further discussion on Mr. Plummer's motion to deny the motion as presented by the Manager and recom- mended by Mr. Knox? Mrs. Gordon: Wait a minute. We do have to go the negative route? Can't we go the positive route? Mr. Plummer, I'm asking you. Can you go instead of a denial go for an approval of the local firm? Mr. Plummer: ... I'll make a motion that the law firm of Muller & Mintz be con- tinued as the labor negotiator, legal labor negotiators for the City of Miami. Mrs. Gordon: And I'll second the motion. Mayor Ferre: There is a motion and a second. I would like to speak strongly against the motion, it is nothing personal against a very fine Miami law firm but it is my opinion that if we are asking the Manager to perform then we have to sup- port the Manager in his request especially if it is concurred to by the City Attor- ney. Now if the City Attorney had some hesitation on it I would have some hesitat- ion but since it has the positive approval of both then I stand firm on that on the very same principle as I voted this morning this morning on another issue which was different in nature but the same philolophically. Mrs. Gordon: May I ask the attorney a question, Mr. Mayor? The question, George, do you disapprove of the firm of Muller and Mintz? Mayor Ferre: You've already asked that. Mrs. Gordon: No, sir. Do you disapprove of the firm of Muller & Mintz? Mayor Ferre: Plummer asked that question. Mrs. Gordon: I'm asking it, Mr. Mayor, allow him to answer me please, Mayor Ferre: Same answer as you gave Mr. Plummer, Mrs, Gordon; Let him answer. Mr, 1 nox; No, z don't disapprove of the firm of M 11ar 4 MINk Mrea dordona Thank you, you do not disapprove. Therefore, you are not in disc agfeemeht with the motion. t1ter: Let me ask. you don ' t know of anything detrifnentai about the firm do you? Mr. Knox: No, sir. Mr. Plummer: Have they done a good job fir the dity of Miami? Mr. Knox: So far as I know they have. Mrs. Gordon: Thank you, Mr. Knox. Rev. Gibson: Mr. Mielke, I thought I heard you gay this firm Would be eebabildh ing an office in Miami? Mrs. Gordon: Or Tampa. Mr. Mielke: My understanding with them, Commissioner, is that they would be establishing an office in Florida either in Miami or in the Tampa area on or about March of this year. Now all I do know, and I have no reason to think they're not - they're just as a matter of fact just deciding who is going to staff it - my understanding with them on that is that they are presently looking and attempt- ing to negotiate office space right here in Miami. Rev. Gibson: Let me say so that you might get an indication where Gibson is. 0ne of the things I have advocated right along is that the people who have enough faith in this community, those people we will reward them. Now, I remember when we were dealing with the pension fund everybody talked about New York was the money capital. I said, well we would never get to be the money capital if we sleep and think and forget. You know. And now we're becoming the gateway to the Americas and we're changing our posture moneywise. I would be more than happy to vote for your recommendation with a contingency, providing that office is here and you know then we don't have to go all over the world to look for them. Mayor Ferre: Ok, I'll go with that. Rev. Gibson: You see, because they'll have a share in those taxes that we've got to pay. You know I'd just sooner offer a substitute motion that we go with your recommendation providing. Mayor Ferre: Now wait a moment. Rose, listen because something is happening here. Gibson has just moved a substitute motion that Item 50 be approved with a condition that the law firm of Seyfarth, Shaw, Fairweather and Geraldson estab- lish a Miami office, on that condition. You can speak against it in a moment. Is there a second to that motion? Mrs. Gordon: Just a minute. Can that be a legal substitute for that other mot- ion? That changes the whole thing. INAUDIBLE Rev. Gibson: I want to have the best of two worlds. (1) I want to follow the Manager's recommendation and at the same time I want to make sure that these peo- ple who are going to get our money are going to share in the tax bill around here. Mrs. Gordon: I have a substitute to the substitute, Mr. Mayor, and that is that the firm of Muller and Mintz be used until such a point in time that the firm of so and so Mayor Ferre; Alright, we have on the floor another substitute. How many substi- tutions can you keep on doing? Alright, there is a substitute to the substitute. Is there a second? There is a withdrawal of the second so that we can vote on the first motion and if that gets defeated them I guess this other motion would come on the floor. M', Plummer: Wait a minute, where are we back to, A, B or C? Mayor Ferre; Sack to the first motion. Mrs. Gordon: Well, if you second the second substitute then the firm of Muller and Mintz will go into place. And if in the event in the future the other firm does open an office which may or may never happen, then we can do what we want to. 82 DEC 161976 Mr Plummer: Let me tell you what problem I've got w'`h t'lat. Mr. Muller arci Mr. Mintz► sir is this your main office or are you a stepchild? UNIDENTIFIED SPEAKER: This is the main office. Mr. Plummer: This is the main office, all the big guns that you have are here/ Mr. Casey: That's a very important point because anybody can open a show office. Mr, Plummer: You're not a step -child? Mr. Casey: No, sir. Mrs. Gordon: I remove my substitute to the substitutes" Mayor Ferre: How many attorneys do you have? Mr. Casey: Eight. Mayor Ferre: Look, the issue is clear and let's get on With it, Mr. Plummer: That's right. When you open a branch office it's usually child. Mayor Ferre: The substitute was withdrawn. Mrs. Gordon: And the substitute to the substitute was withdrawn. Mayor Ferre: So call the main question and that is tha the law firth of Muller and Mintz be retained. Mr. Grassie: Mr. Mayor, any comment? Mayor Ferre: Yes, I'm voting against it. Mr. Grassie: Well, I just want the City Commission to understand that the Labor Relations labor negotiating process is a very difficult very teamed kind of a process and I think that your chief labor negotiator is telling you that he has confidence in one firm and not another. Mr. Reboso: That is the most important thing. Mr. Grassie: And it's like chosing your own doctor. Mr. Plummer: Well, let me tell you and be very frank, if he can't get along with them then we replace him. Mr. Grassie: That's right after you replace me, Commissioner. Do you understand? Mr. Plummer: Mr. Grassie, you don't understand, sir. What I'm saying is that what you're telling me is the fact that.... Mayor Ferre: No more discussion on this. Mrs. Gordon: Let him finish. I don't see any harm in it. Mayor Ferre: I think there's harm in it because this thing is going to get emot- ional and we understand the question and.... Look, the fact is simply this; that I, I can't speak for anybody else, I have confidence in Joe Grassie. Joe Grassie has confidence in Mr. Mielke and Mr. Mielke has just proven his metal in a very difficult series of negotiations. He's recommended to Grassie something. Grassie is recommending it to us and the City Attorney concurs with it. I know where I stand. Mr. Casey: Mr. Mayor, one point. Mr. Mielke had indicated before that there was a personality conflict involved with one member of our firm and you're talking about a lack of confidence. I don't think, I took over this client as a result of discussions with Mr. Mielke and I don't think Mr. Mielke is going to stand there and tell you that he doesn't have confidence in me. Mayor Ferre: I don't think he said that. Mr. Casey: Well, I think that's important because if you're talking about hi being able to work with me I think Mr. Mielke will be the first one to tell you 83 DEC 161976 mmmeimmimmmm that he could work with me and that I could work for any law firm in t;-,is country. Mayor Ferre: Sir, listen, that's fine and please understand I have absolutely Nothing against you or your law firm. On the contrary, as you well know in the you )snow some of the firms that I'm privately involved in has used your law firm. So I'Ve got no problems with you. That's not the point. The point is, again, We Went through this for a couple of hours this morning. Am I going to vote a vote Of confidence with the Manager or am I going to vote against him. That's my Vote. Mrs. Gordon: You concluded your conversation and I'm going to express one that's been bothering me and been bothering me more and more every time we engage some- one or hire a new person or anything lately - they're always from out of town. I'm sorry, this bothers me tremendously. It makes me feel that this is an infer- ior place we live in because all bright people and all smart people and all good people and everybody that's marvelous is coming from out of town. What's happened to Miami? Thereupon the preceding motion introduced by Commissioner Plummer and seconded by Commissioner Gordon was defeated by the following vote - AYES: Mr. Plummet and Mrs. Gordon. NOES: Mr. Reboso, Rev. Gibson and Mayor Ferre. Mayor Ferre: Now Father Gibson moves the adoption of Resolution 50 with the aual- ification that the law firm mentioned open an office in Miami, seconded by Com- missioner Reboso. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1132 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT FOR THE EMPLOYMENT OF LABOR LAW COUNSEL WITH THE LAW FIRM OF OF SEYFARTH, SHAW, FAIRWEATHER AND GERALDSON FOR A PERIOD OF ONE YEAR COMMENCING ON DECEMBER 16, 1976, AND TERMINATING DECEMBER 16, 1977, TO PERFORM SUCH SPECIAL LEGAL SERVICES AS THE CITY MANAGER AND CITY ATTORNEY MAY DETERMINE TO BE IN THE BEST INTERESTS OF THE CITY; SUBJECT TO THE TERMS AND CONDITIONS AS MAY BE AGREED TO BY THE PARTIES AND THE CHARTER OF THE CITY OF MIAMI, SUBJECT TO SAID FIRM OPENING AN OFFICE IN THE CITY OF MIAMI, FLORIDA; AUTHOR- IZING FUNDS THEREFOR FROM THE CONTINGENCY ACCOUNT OF THE GENERAL FUND, SUCH FUNDS NOT TO EXCEED $10,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed adopted by the following vote - AYES: Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer. 56, ACCEPTING HIGHWAY RIGHT OF WAY DEED, EASTERLY SIDE OF SOUTH BAYSHORE DRIVE. The following resolution u•'as introduced its adoption: by Crnmmisaioner nihson, who moved RESOLUTION NO. 76-1133 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY MUTUAL OF OMAHA INSURANCE COMPANY ON NOVEMBER 1, 1976, FOR HIGHWAY WIDENING A TOTAL OF 5775 SQUARE FEET OF LAND CONTAINED IN THE WEST- ERLY 15 FEET OF LOTS 1 THRU 4 AND A FULL 25 FOOT RADIUM OF LOT 1 AND A STRIP OF LAND AT THE WESTERLY SIDE OF LOTS 5 AND 6 VARYING IN WIDTH FROM 1.61 FEET TO 9.72 FEET OF BLOCK 1 OF THE AMENDED PLAT OF HIBISCUS PLACE (3-110) AND A STRIP OF LAND VARYING FROM 18.92 FEET TO 9.72 FEET TO 20.0 FEET IN WIDTH ALONG THE WESTERLY SIDE OE THE SOUTHERLY 100 FEET MORE OR LESS OF LOT B OF AMENDED PLAT OF HIRADO COURT (14-44) AND THAT PART OF TRACT 9 OF HIGHLEYMAN'S SUB- DIVISION (1-184) EXTERNAL TO A 25 FOOT RADIUS AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH BAYSHORE DRIVE AND S.E. 14 STREET; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. DEC 61976 mmmER INCV mmw mmw wor Mik =ME Mita MEW MIWWF MW Er ss (Here fdilows body of resolution, omitted hero end on file ih the Office of the City Clerk.) Upon being seconded by Commissioner Reboso? the resolution iee paa§e a.d adopted by the following vote - MA: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. URGING VETEO TO EXPEDITE CONSTRUCTION OF THOSE STREETS IN CITY OF MIAMI INCLUDED IN DECADE OF PROGRESS BOND ROAD PROGRAM, The following resolution was introduced by Commissioner Gibson, who mooed its adoption: RESOLUTION NO. 76-1134 A RESOLUTION URGING THE METROPOLITAN DADE COUNTY COMMISSION TO EXPEDITE THE CONSTRUCTION OF THOSE STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THEIR "DECADE OF PROGRESS" BOND ROAD PROGRAM AND TO REQUEST THE IMPLEMENTATION OF PRELIMINARY ENGINEERING STUDIES AND CONSTRUCTION OF THOSE ROAD AND BRIDGE PROJECTS IN THE CITY OF MIAMI AS LISTED HEREIN TO BE INCLUDED OR REINCLUDED IN THE 1977-78 (AND THE FOLLOWING 5 YEARS) FLORIDA STATE DEPART- MENT OF TRANSPORTATION ADVANCE PLANNING PROGRAM WITH EMPHASIS ON THOSE PROJECTS AS LISTED IN THE "DOWNTOWN MIAMI - A CONCEPTUAL TRANSPORTATION PLAN" AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE PROPER METROPOLITAN DADE COUNTY OFFICIALS. (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 adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: After voting yes on that, Mr. Manager, I'd like to remind you that there is no provision in that recommendation to Metro of any roads anywhere north of 14th Street. We've completely overlooked about 80% of the City of Miami and it seems to me even though we may not be successful in getting any roads up in the north part of town that just from a public relations, if you will, point of view that we should include - you have four roads that you're recommending. I would like to say that you should recommend six or seven in order of priority and include two or three roads in the north part of town. Mr. Grassie: Very good, sir, we'll modify that. Mr. Plummer: Mx. Grimm, in the past of the roads that we've recommended how many have been done? Mr. Grimm: Please, Commissioners and Mayor, would you look on page 3 of the reso- lution please, sir. You see that the first two on the list are north of 14th Street. Mayor Ferre: Yes, but if you will look at the main thrust of the memorandum it reads as follows: This year we will list the same three projects with addition of a fourth project which we would like to have accomplished and concentrate our efforts to this end. We request that the county give these projects preferential consideration in as much as they are in dire need of improvement. The four proj- ects include: (1) widen Biscayne Boulevard (2) full development of 8th Street (3) West Flagler Street and (4) S. W. 22nd Street. Then you will notice on the last page which is the 5th page of the memo you will see some drawings of the 4 streets. And as you will notice, and look, I'm all for the Little Havana sect- ion but if you will notice they're all concentrated in one part of Miami and there's one on Biscayne Boulevard, There's absolutely nothing in this portion, of town. That's all I'm saying, Mr- 5 DEC 161976 Mr. Gritttm: Possibly what you're really arguing ab_)ut is our choice of priori.ties, Mr. Mayor. Mayor Ferre: No, I'm not arguing about your choice of priorities, I happen to oondut completely with your choice of priorities. I am saying that from a public relations point of view so that we don't have Annette Eisenberg and Mrs. Rockam feliar and everybody else screaming bloody murder that we should include one or two projects in the north part of town. Look, as you notice I brought this mat. - ter up after I had voted so I think that's.... Mr. Grimm: Well, what we're trying to do maybe is explain that we thought we had, that all of the streets that you see on that map are included in our request. Mayor Ferre: Ok, I understand and I stand corrected. Let's move ahead. You know what I mean. Mr. Grimm: Yes, sir. 58, GRANTING CERTAIN EXTENSIONS PERMIIILI) HOURS OF SALE OF ALCOHOLIC BEVERAGES DURING Ch R I STMAS AND NEW ,YEAR HOLIDAYS The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1135 A RESOLUTION GRANTING CERTAIN EXTENSIONS IN PERMITTED HOURS OP SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES DURING THE CHRISTMAS AND NEW YEAR HOLIDAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 59, APPOINT REPLACEMENT TO COMMUNITY ACTION AGENCY ADMINISTERING BOARD. Rev. Gibson: Mrs. Gordon and I_ had a conflict and we agreed to share ment. this assign - Mrs. Gordon: Yes. We have a unique problem that they did not accept my resignat- ion. I should consider it flattering but I think it's just some extra work and they asked that Father Gibson who I personally would recommend, I would hope that he would accept the assignment and be the main person and I will fill in whenever I can or when he can't attend meetings. Mayor Ferre: Well then how do we leave this, Rose. Mrs. Gordon: We'll both be assigned, you make it a dual appointment. Mayor Ferre: Alright, then let this resolution be changed to make it a dual appointment of Father Gibson and Rose Gordon. Rev. Gibson; Right. DEC 161976 r The foliowing resolution was introduced by Co 1 .i Primmer, who moved its Adoption: RESOLUTION NO. 76=1116 A RESOLUTION REAPPOINTING COMMISSIONER ROSE GORbON AS TRE CITY by MIAMI'S MEMBER ON THE COMMUNITY ACTION AGENCY ADMINISTERING a b AND APPOINTING VICE MAYOR THEODORE R. GIBSON AS THE CITY bF MIAMI'S ALTERNATE MEMBER ON SAID BOARD; BOTH EFFECTIVE JANtfAAY 2# 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed And' adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 60, CONFIRM ELECTION OF JAMES COX AND JOHN J, BERT7.EL TO THE RETIOEIT SYS I EM BOARD, The following resolution was introduced by Commissioner Plummer, who moved; its adoption: RESOLUTION NO. 76-1137 A RESOLUTION CONFIRMING THE ELECTION OF JAMES COX, AS SECOND REPRESENTATIVE OF THE CITY OF MIAMI POLICE OFFICERS, AND JOHN J. BERTZEL, AS SECOND REPRESENTATIVE OF THE CITY OF MIAMI FIRE- FIGHTERS TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYS- TEM, FOR A TERM TO EXPIRE ON DECEMBER 31, 1978, AND APPROVING THE IMMEDIATE ASSUMPTION OF DUTIES BY SAID JAMES COX, DUE TO THE PREMATURE RESIGNATION OF CHARLES SALERNO, INCUMBENT SECOND REPRESENTATIVE OF THE CITY OF MIAMI POLICE OFFICERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 61. AUTHORIZE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AWARD - FROM STATE OF FLORIDA, DEPARTNEJJT OF COMMUNITY AFFAIRS - CHILD DAYCARE PROGRAM. The following resolution .•ras introrucpri by Commissioner Gordon, who moved it& adoption: RESOLUTION NO. 76-1138 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN THE SUM OF $45,000 FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FLROTHE CITY OF MIAMI'S CHILD DAY CARE PROGRAM, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) NECESSARY TO IMPLEMENT THE SAID PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adppted by a unanimous vote. 7 DEC 161976 62. AUTHORIZE L I TY MANAGER TO - METROP OL i 1 AN DADE COUNTY MANPOWER PLANNING CONSORTIUM - PUBLIC SLRVICL Af t The following resolution was introduced by Commissioner Plui►tiet, Whb moved s adoption: RESOLUTION NO, 76,-1139 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRREi KENT WITH METROPOLITAN DADE COUNTY, THROUGH THE MANPOWER PLAN*, ING CONSORTIUM OF DADE AND MONROE COUNTIES, PURSUANT TO CITY Off' MIAMI RESOLUTION NO. 74-111 FOR THE PURPOSE OF RECEIVING ANDS TO OPERATE A PORTION OF THE THRESHOLD UNIT FOR PUBLIC SERA VICE AIDES EFFECTIVE DECEMBER 1, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - Ins Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 6$, ESTABLISH GREEN FEES FOR UNIVERSITY OF MIAMI - WOMEN'S INTERCOLLEGIATE • INVITATIONAL GOLF TOURNAMENT. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1140 A RESOLUTION ESTABLISHING GREENS FEES FOR THE UNIVERSITY OF MIAMI - WOMEN'S INTERCOLLEGIATE INVITATIONAL GOLF TOURNAMENT TO BE HELD FEBRYARY 5 THROUGH 8, 1977, AT THE MELREESE GOLF COURSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. 64. PERSONAL APPEARANCE: RON SILVER - EXPIRATION OF HIS CONTRACTS Mrs. Gordon: Mr. Mayor, I want to ask the Manager a question. I wanted to do it a couple of items back but we went fast. Mr. Grassie, would you tell me or refresh my memory, please, sir, have we passed a budget for the Retirement Plan Board of Trustees? Have we passed a budget for the System Plan Board of Trustees? (CONTINUED ON NEXT PAGE) fit . arassie' No, MA'AM. Thotle are sti11 to come to yOU. Those will cafe td u'At your next meeting. Mrs. Gordon: Our next meeting would be in January sir, and we have a situation where our Board of Trustees, had engaged our attorney at our last meeting for the coming year. Without an action of this commission I don't know where we stand. Mr. Grassie: Until you take action on the budget, of course the Board of Trustees can not act unilaterially in that case. Mrs. Gordon:We can act for recommendations of what we feel. we need, and what we would like to have, and that is what they did. I believe it was a unanimous; vote. Peter do you recall? It was 7 to 0 and we have not received the budget here. at this commission today. We don't have another meeting in December. Mr. Plummer: Rose, I stand corrected, Mr. Grassie just corrected. It was my understanding that the appropriations ordinance in fact approved the buget. Mrs. Gordon:Did it? Mr. Plummer: Mr. Grassie says he wants to handle it in a separate issue, is the way I understand it. Or Mr. Grassie: That is the way you have done it in the past. Yes, we have this drawn up as a separate ordinance, which will come to you, as an appropriation ordinance. Mr. Plummer: Our Board did in fact submit a budget. Mr. Grassie: We have it. Mr. Plummer: The appropriate amount of monay was allocated. Is that correct? I remember bringing up the problem with he medical . Mr. Grassie: We have made the change which you suggested in order to provide enough money for the medical examinations, yes. Mrs. Gordon: But we haven't approved here. Mr. Grassie: No, you have not approved it. Mrs. Gordon; Can we do that before we leave here today? Mr. Grassie: I would suggest not until we get it in front of you. like to bring the budget to you before, Mrs. Gordon: Could we make it by motion? Can we approve the budget the system and the plan, Boards of Trustees, as presented to you? of both Mr. Plummer: Rose I don't think that is going to accomplish what we want to accomplish because there has to be a resolution. Mr. Grassie: We have to bring it to you as a resolution that you would act on formally so we can spend the money. Mr. Plummer: That is a problem I brought earlier with Eddie Gong. Mrs. Gordon: We have no problem. I mean it is just a matter of time. Is that it? Mr. Grassie: The only thing I am waiting for is a report from the City At:orney's office , I think that is in process. Aside from that, we intend to bring this to you in January. Mrs. Gordon: At the next the Board has in January, I think it is the 7th, #¢could you help me with the dates, --- Unidentified person: --the second Friday, the 14th, Rose. _Mrs. Gordon: We won't have our legal counsel. Ron would you speak to this please? DEC 161976 use we'don't have the authority to actually court in school you that. Mtb Silver: Mr. Mayor and metnbets Of the Cotmnissioh, 1 atn somewhat ift a dileMMa of exactly what to do bete because the Board has approved the edtltract for my services for an additionalyear. Last years contract expired MO days ago, so therefore right now, I am in the middle of doing some things for Board . We sat down with the finance director, and went over some investment objectives, etc. Quite frankly I think we should put that particular issue to test, either yea, or nay, affirm or deny and get on with the business. There is too much of a substantial sum of motley. You ere dealing with both Boards, 70 or 80 million dollars, and certainly with the Plan Board you dealing with 35 million dollars. I think you have to determine where you are going with that sum of money. So I would ask this Board to act on the Board, ---it is a confirming action, the Retirement Board of Txustees., Mr. Grassie: Mr. Mayor the City Attorney suggests a way out of this which may take care of the problem. He suggests that if special counsel would withhold their billing until you resolve the question on January lath. Mr. Plummer: Let me ask this of the City Attorney. Since both Boards have ratified a contract and they now are the same. Each legal advisor would recieve 20 thousand dollars. Ts it possible to take that portion out of context and the commission approve today their contract at that specified fee so they can go ahead and be paid. Is that possible to take that out of context? Mr. Grassie: I guess you could approve it in a motion sense. I would prefer that you see the entire budget and take care of the thing with proper resolution. Mr. Plummer: What you are dollars. Mrs. Gordon: We always do spend the money. We don't have the money.''We have to get it from the commission. We can only set our request as a policy request. We have to come to the commission to get the money. Mr. Silver: The thing that concerns me greatly, I have an ethical problem involved. I just can't represent a client that has not retained me. Mr. Knox, City Attorney: Would you disagree with this characterization? Mr. Silver: I don't know, George. Mr. Knox: As a general proposition, upon the expiration of an agreement, as long as the parties behave in such a manner as if there is an agreement, then the law provides there is an implied contract between those parties. The impled contract, implicitly contains the same terms and provisions of the previously expired formal contract. So now, would you have an ethical problem with, --during the hiatus between the budgetary approval, operating under an implied agreement which contains provisions that existed in the previous agreement. Mr. Silver: I just came back from testifying in a federal district in Phoenix,Arizona and I got cross-examined out there pretty good but, I understood him, but I don't know what you are talking about. Rev.Gibson: Let me say this Mr. Knox, one of the first cases you get contracts from law school is a cold case. All of you who have been to law know that, and it is the same principle. So Mr. Knox is right. I can tell Mr. Silver: I have no problem, George with that. Mrs. Gordon; Do we need a motion or anything? Mr. Grassie? Mr. Grassie: No, I think it is clear from the City Attorney te`made a contract before we had the t r 54 GRANT ITIONAL WAY ' R OF RENTAL. FEE DINNER KEY AuDIToRiuM VUNICIPA1*UTtEs OF CUBA IN EXILE. Mrs. Gordon: Didn't we Ad something this morning preventing us fro doing this? Mayor Ferre: It is not in effect yet. Mrs. Gordon: Are you sure? Mr. Know are we legally doing this? Mr. Knox: That was a discussion item this morning, and the new polity has not been enacted yet. Mayor Ferre: Soon as it is, it will be all over. The following resolution was introduced by Commissioner Gibson, who moved', its adoption: RESOLUTION NO.76-1141 A RESOLUTION GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE FOR THE USE OF DINNER KEY AUDITORIUM ON JANUARY 30, 1977 FOR A LUNCHEON MEETING SPONSORED BY MUNICIPALITIES OF CUBA IN EXILE, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: Maurice I know what you mean now when you made that remark this morning. MayorFerre: Yes, sir. I have news for you. I will make a prediction the heat is going to be so great on this thing, ---- Mrs. Gordon:----30 days, --- Mr. Plummer: Form a committee and make Mr. Grassie chairman. 66, ALLOCATE $650,00 FOR USE OF GUSMAN CULTURAL CENTER - INTERNATIONAL REPERTORY CO. AND BALLET. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1142 A RESOLUTION ALLOCATING $650. FROM THE SPECIAL COMMUNITY PROGRAMS BUDGET TO THE DEPARTMENT OF OFF-STREET PARKING TO PROVIDE FOR THE USE OF GUSMAN CULTURAL CENTER BY THE INTERNATIONAL REPERTORY COMPANY AND BALLET, INC. ON MONDAY, JANUARY 10, 1977, SUBJECT TO ITS OBTAINING LIABILITY INSURANCE IN SUCH AMOUNTS FROM APPROVED CARRIERS AS THE CITY MANAGER DEEMS APPROPRIATE FOR THE PROTECTION OF THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 91 DEC161976 Open being seconded by Commissioner 'Plume the tesoiut df g paned adopted by the following vote - ant Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre Mayor Ferret I really want to know how Reboso is going to explain, in the Cuban community, when Municipio de Matanzas or somebody comes up for a waiver, how you are going to say you can't do anything about that. You have to talk to the Manager. 'The who', 67. DENY CERTAIN CLAIMS AND DIRECT CITY MANAGER TO DEFEND SUITS. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1143 A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS (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 adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 68, CLAIM SETTLEMENT: ALEJANDRO Rtzo. The following resolution was introduced by Commissioner Gibson, who moved` its adoption: RESOLUTION NO. 76-1144 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEJANDRO RIZO AND HIS ATTORNEYS, LAMAR, ARANGO & LAMAR, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $3,964.52 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO TRAVELERS INSURANCE COMPANY,WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $735.48 IN FULL AND COMPLETE SETTLEMENT OF THEIR WORKMEN'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor. Maurice A. Ferre r NOES; None, c� w DEC161976 6 . CLAIM SETTLEMENT: Moo FROMERGI The following resolution was introduced by CoblissiOnet ardor, Whmoved its adoption: RESOLUTION NO. 76-1145 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO WAY TO MORTON FROMBERG, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $17,500.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUFFERED ON JUNE 9, 1973 WHEN HE FELL ON A BROKEN AND DEFECTIVE PUBLIC SIDEWALK ON THE CORNER OF NORTHWEST SECOND STREET AND EIGHT AVENUE, MIAMI, FLORIDA UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: I am going to vote yes, but I want to know what they are getting all this much money for. What was the claim all about. Can you tell me in a couple of words. Mr. Alvarez, Asst. City Attorney: Yes, Commissioner, this case, ----I handled the case myself while I was in the torts division. As you can see by the accompanying memo, -- Mrs. Gordon: I didn't look at the memo, but keep talking. Mr. Alvarez: --dated November 24, 1976. Mrs. Gordon: I am going to ask the Manager to please go back to the other system of, --so we don't have loose leafs like this. This drives me up the wall, finding the pages. Have them like you used of have them, in the index pages, they are simple to find. I'd appreciate it. Mr. Grassie: We have changed this a couple of times, but maybe you haven't noticed that at the top of each item, there is a number. Mrs. Gordon: They get out of place this way. It is a nuisance. Go ahead, I can't find it. It is not here. 70. CLAIM SETTLEMENT: 0scAR G. 0soRio. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1146 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $275.00 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS OSCAR G. OSORIO AND INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING OSCAR G. OSORIO AND INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM 93 DEC 161976 11'i'1111111 PINEFillirr (Hate follows body of resolution, omitted here and on file iii the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 71, CLAIM SETTLQ' V`T: SUE BELSCHNER, The following resolution was introduced by Cohattissioner Gibs its adoption: the resolution ttes pat ft, who tioied RESOLUTION NO. 76-1147 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SETTLE THE CLAIM OF MS. SUS BELSCHNER OF DISCRIMINATION IN EMPLOYMENT BY THE CITY OF MIAMI, UPON THE BASIS OF SEX, THROUGH HIS EXECUTION OF A PRE- DETERMINATION SETTLEMENT STIPULATION IN CHARGE NO. TMM6-2321 PENDING WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SAID MS. SUS BELSCHNER, WITHOUT THE ADMISSION OF LIABILITY THE SUM OF $1,267.20 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM, UPON HER EXECUTION OF A RELEASE DISCHARGING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, IN ADDITION TO HER EXECUTIO.+ OF THE AFORESAID PRE -DETERMINATION SETTLE- MENT STIPULATION; WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE DEPARTMENT OF PARKS AND RECREATION (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 Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 72, AWARD BID: DOWNTOWN HANDICAP RAMP PROJECT, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-1148 A RESOLUTION ACCEPTING THE BID OF C.A. DAVIS, INC.IN THE PROPOSED AMOUNT OF $36,250. FOR THE DOWNTOWN HANDICAP RAMP PROJECT B-4404; WITH FUNDS ALLOCATED FROM THE COMMUNITY DEVELOPMENT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO 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 Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr, Commissioner Rose Cordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferro 94 DEC 1G1976 Ent 1111 NIMINIEFF AWARD BID: FERTILIZER I The following resolution was introduced by Co issir tte PlUMter U4. MO ad its adoption: RESOLUTION NO. 76-1149 A RESOLUTION ACCEPTING THE BID OF O.M. SCOTT AND SONS FOR FURNISHING GRANULE FERTILIZERS TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $14,968.40; ALLOCATING FUNDS FROM THE BUDGETED FUNDS OF THE DEPARTMENT OF PARKS AND RECREATION; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Absent: Mr. Reboso 74, AWARD BID: SAILBOATS AND SIX SPINNAKER SAILS. The following resolution was introduced by Commissioner Gibson moved its adoption: RESOLUTION NO. 76-1150 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING THE PARKS AND RECREATION DEPARTMENT WITH EQUIPMENT; BID OF PERFORM- ANCE MARINE FOR FURNISHING 6 SAILBOATS AT A TOTAL COST OF $5,604; BID OF FLAGHOUSE, INC. FOR FURNISHING 6 SPINNAKER SAILS AT A TOTAL COST OF $624.; ALLOCATING FUNDS FROM THE 1972 PARKS AND RECREATION BOND FUND AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE - ORDERS FOR THIS EQUIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None, Absent; Mr. Reboso Mr. Plummer: I want to make a notation. I want to thank Mr. Grassie for Cutting this cost in half by discussing with the Coconut Grove Sailing Club that they would like to be publicly spirited as they have in the past and they are going to underwrite half of this cost, and we only have to do the north half. Mayor Ferre: That is wonderful, and they only 100 year extension on that? Mr. Plummer: That is beside the point. Mr. Grassie: We need to recognize that Commissioner Plummer made the inixiai suggestion that we do this. MIM MEMEMP IIIIIIR 111111 DEC 161976 7 AWARD BID; 148 ASSTREES FOR BAYFRONT PARK', The following resolution was introduced by Commissioner Gibsofts Who tetted its adoption: RESOLUTION NO. 76-1151 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING TREES FOR BAYFRONT PARK TO THE DEPARTMENT OF PARKS AND RECREATION; BID OF MELROSE NURSERY FOR 148 ASSORTED TREES AT A TOTAL COST OF $16,865. AND BID OF BERT NEWCUtai TREE SERVICE FOR 174 ASSORTED TREES AT A TOTAL COST OF $4,602.50; ALLOCATING FUNDS THEREFOR FROM BAYFRONT PARK PROJECT (NORTH PORTION - STATE I) - TITLE X; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PUR- CHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THE TREES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Absent: Mr. Reboso. 76, ISSUE WASTE COLLECTION LICENSE: JAMEs SHEFFIELD, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1152 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO JAMES SHEFFIELD PERMITTING HIM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES; None, Absent: Mr. Reboso. DEC 1G1976 Mir ss Of 771 ISSUE WASTE COLLECTION LICE: GENERAL HAULING SERVICE, INC. The following resolution was introduced by Commissioner Gordott, Who sVed its adoption: RESOLUTION NO. 76-1153 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO GENERAL HAULING SERVICE, INC. PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre Absent: Mr. Reboso. 78, ISSUE WASTE COLLECTION LICBiSE: LA FE TRASH & WASTE SERVICE. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1154 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO LA FE TRASH & WASTE SERVICE PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Absent: Mr. Reboso. 79, ISSUE WASTE COLLECTION) L10EivSE: MILLO TRASH SERVICE. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1155 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO MILLO TRASH SERVICE PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolwti n WBu passed and adopted by the following vote- AYES, Mayor Ferre Commissioner J. L, Plummer, Commissioner Rose Gordon Vice -Mayor Theodore Gibson Jr. NOES; None. Absent: Mr. Reb os o 97 DEC 161976 I ISSUE W M COLLECTION LICENSE: AWNS() BROTHERS TRASH SEFtvIcE The following resolution was introduced by Comthissioner Cordon, who teed its adoption: RESOLUTION NO. 76-1156 A PESOLUTIoN AUTHORIZING THE ISSUANCE OF A WASTE COL LECTION LICENSE TO ALONSO BROTHERS TRASH SERVICE PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Absent: Mr. Reboso 81. ISSUE WASTE COLLECTION LICENSE: WASTE DISPOSAL CORPORATIONS The following resolution was introduced by Commissioner Reboso, who' moved its adoption: RESOLUTION NO. 76-1157 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO WASTE DISPOSAL CORPORATION, DIVISION OF SANITAS SERVICE CORPORATION, PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 82, ISSUE WASTE COLLECTION LICENSE: UNITED SANITATION SERVICES. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-1158 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO UNITED SANITATION SERVICES, DIVISION OF SANITAS SERVICE CORPORATION, PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL CIMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES; Mayor Ferre, Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Gibson NOES: None. Mir+ Plummet: Let the record reflect that items 12 through 78 went through ,he necessary and normal background check, and is recommended by the City Manager 83. GRANT CONDITIONAL WAIVER OF RENTAL FEE BAYFRONT PARK AUDITORIUM FOR ADMINISTRATION OF PHARMACIST LICENSE EXAMINATIOfJS, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1159 A RESOLUTION GRANTING A CONDITIONAL WAIVER OF THE RENTAL PEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON JANUARH 10,11 AND 12, 1977 FOR ADMINISTRATION OF PHARMACIST LICENCE EXAMINA- TIONS SPONSORED BY THE FLORIDA BOARD OF PHARMACY, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 84, PLEDGE CITY OF MIAMI CONTINUED SUPPORT TO t ATIWAL CONGRESS ON VOLUNTEERISM AND CITIZENSHIP, The following resolution was introduced by Commissioner moved its adoption: Cordon RESOLUTION NO. 76-1160 A RESOLUTION PLEDGING THE CITY OF MIAMI'S CONTINUED SUPPORT OF THE PRINCIPLES OF THE NATIONAL CONGRESS ON VOLUNTEERISM AND CITIZENSHIP AND THE CITY'S CONTINUED WILLINGNESS TO DO EVERYTHING IN ITS POWER TO ENCOURAGE AND SUPPORT THE ACTIVE PARTICIPATION OF ITS CITIZENS IN SHAPING THE COMMUNITY'S FUTURE (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 Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES; None. Mrs. Gordon: It doesn't say anything about who is program. Your memorandum states that, here read 85, EXTEND AGMT WITH NORA SWAN FOR ONE ADDITIONAL MONTH: Mayor Ferre: This memorandum I sent to the Manager members of the commission, regards to the Bicentennial volunteerism congress, and the creation of such a board understand it Mr. Grassie, you have not had sufficient memo, --Nora Swan. going to operate that this, with copies to the Committee and this . The problem is, as i time since you got thin 99 DEC 161976 Mrs. Gordon: She is out by the end of this month. Mayor terre: Work something out with the School Boatel. What are We going to about it, because she is out. Mts. Gordon:,' ---because her contract with us expires, I think the end of this month. Mr. Grassie: That is correct. Mayor Ferre: Why don't we extend it for one month, until you are able to 'negotiate that. Mrs. Gordon: ----until you have a chance to work something out. Mr. Grassie: If you will authorize us to extend that for one month The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 76-1161 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CURRENT CONTRACT FOR NORA SWAN, CHAIRPERSON OF THE BICENTENNIAL COMMITTEE, FOR ONE ADDITIONAL MONTH Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer, Vice Mayor Gibson and Mayor Ferre. NOES: None. 86. DEFERRAL OF IMPLEMENTATION OF RECOMMENDATIONS FOR FLORIDA AVENUE, MATILDA STREET, IN COCONUT GROVE. A motion to defer the Matilda Street study was passed and adopted by a unanimous vote of the Commission. 87. MISCELLANEOUS — 1. DISCUSSION ON SALARY INCREASE FOR MEMBERS OF THE •DISCUSSIOd n CIVIL SERVICg BOARD. ITEMS: L. AY -BACK TO ENSION PLAN FROM PERSONS PREVIOUSLY DENIED PARTICIPATION. Ms. Pat Skubish: You made a motion to increase the Civil Service Board 100 dollars a month, straight across, and you asked Mr. Grassie on November 11 to look into the extra duties that the Chief Examiner does, and also the Chairman, and he said he would do so. We are just waiting for that. Mayor Ferre: Where do we stand on that Joe. Mr. Grassie:We talked about this yesterday, and concluded, --- Mayor Ferre: That was the Planning and Zoning Board, not the Civil Service Board. Mr. Grassie:Immediately after that you had made the motion about Civil Service. You remember that all happened at the same time? Mayor Ferre: I don't remember. Mr.Grassie: We when we talked about it yesterday, it seems to me we concluded that you had to fomalize it, in a resolution. We gave you the report. Frankly I don't remember whether you discussed it. Mayor Ferre: I'll tell you my feeling on it. I will express it again. We have been tough on the Civil Service and I think that this is in order that we give them a little increase. It doesn't amount to that much. Those people sit here for hours. They are worse than we are. It goes or. and on. You have a motion, and I think it,s------ 100 DEC 161976 t► dtassie. It needs to tome baek as a tesbutiOtt. Mayor perre: Will you see that that gets done and theft the t intiSSiOft e t Mel Mr. Grassie: We would make it retroactive I take it to this meeting? Mr. Plummer: The motion said October 1. Mayor Ferre: There is not resolution before. Would you get that done? Rev. Gibson: We asked the Manager to bring back a report within 60 days. 88. REPORT BY COMMISSIONER GORDON NEGOTIATIONS WITH A N PRITZKER-WATSON ISLAND DEV. Mrs. Gordon: I am trying very hard to fulfill an assignment that the Mayor gave me at the last Commission meeting, which would have been my preference not to have been involved but I am. There is a question I have to ask you before I discuss the assignment, Mr. Grassie, and I am going to talk about Watson Island Development. With regard to the intra-structure moneys which amount to something around 11 million dollars in total development costs. Where were we going to expect to get that. Was that going to come from parks bond money? Mr. Grassie: There have been two thoughts about that Commissioner. Initially the City talked about taking its own funds, whether bonds or regular improvement y► funds, its own funds to make the intra-structure improvements, then depend on other funds to do the park. Since then in the discussions with Pritzker, - Mrs. Gordon: My question is not that at all, forgetting the development of the island and the improvements to it, other than the intra-structure, I under- stand and I am going to go into a little detail on it, but my concern is that there is an additional amount of money, which I would want to know whether we depending upon the park bond money, which in my opinion we are holding in reserve for the acquisition of the balance of the FEC property, and I don't know, --I meant to ask you this before tonight but I didn't. Mr. Crumpton or you or somebody, answer that question before I go into anything else. How can we get that 11 million? We can't get it from the revenue portion. That can't come from that. I'll go into the Pritzker portion because that's what you assigned me to. Mr. Grassie: We need to be clear. The budget that is provided, in the report you have in front of you, does include infra -structure and the 35 million budget does include approximately 11 million dollars for infrs-structure improve- ments. If the funding for this park, whether it is 35 or 40 million dollars, if the funding is done entirely on a bond basis, --- Mrs. Gordon: ---you are saying we won't have to touch the park bonds issue. Mr. Grassie: That is correct, that is what I am saying to you. Mrs. Gordon: I hope the whole commission would come in and listen to this. It is going to affect us all. I need to wait for Mr. Reboso, because it needs a decision of the commission on a philosophy of what they want to do. 88-A--PAYBACK FOR PERSONS DENIED ADMISSION TO PENSION PLAN: Rev. Gibson: Mr. Manager,we took up the matter of providing for backpay of laborers, watchmen, custodial workers, for period 1/19/75 through September.' I wonder if we have any answers. We were to get some answers back in 60 days. Mr. Grassie: I am sorry Commissioner I can't hear you. Mr, Plummer: ---as I recall, who were denied pension, in the early days, that correct? Just for clarification. Mrs. Gordon: What was your question, Father. I didn't hear hear. Rev. Gibson: Those men who were denied pension in the early days,--., Mr, Plummer: We asked the Manager to investigate and come back with some solutions or recommendations. salmi MMIMM MIMMM MEIMO MIMIP MMM MMME MEW MUW MM 101 DEC 161976 Ravi Gibsontt4ithin 60 days and we haven't heard a word. s. Gordon: I see your point. We at the Board level recotettded that ad nett be given the opportunity that they should have had years ago. Mayor Ferre: We are waiting for Mr. Grassie to answer Father Gibson's question. Mr. Grassie: Commissioner we did get a response at the staff level, in checking that with the law office, a month and a half ago. The answer we got was, we couldn't do it. So what we are looking for now, is another way of accomplishing it, that is legal and is also affordable for the individuals. The first approach we had, we were told, it simply was not something we could do. Rev. Gibson: How long, Mr. Grassie:You say how long are we going to wait? Rev. Gibson: Some of those men are going to die. Mr. Grassie: I understand, surely by next meeting, mid January. Mr. Plummer: Mr. Mayor let me ask a question in that same line. Mr. Grassie one of the things that we had suggested, or I thought we had suggested, to you or the administration, was that some kind of document be published in 30 days, outlining defining, human resources. That 30 days has come and gone and I don't know really of a hotter issue, in the City of Miami, from misinformation, than that. I am not going to put you on the spot, but I am going to tell you the sooner that you can get that document published and in the hands of the employees, I think the better it is going to be for all of us. Mr. Grassie: I have to be relatively frank with you. Okay? Mr. Plummer: Sure. Mr. Grassie: The document was prepared some time ago. It has not been distributed because we have suits against the city. The document has been with the City attorney and we are not going to publish it until they tell us that it is not going to be used against us. Basically that is where we are at. 88-B- REPORT ON WATSON ISLAND: Mrs. Gordon: Let me give you a report. At the last commission meeting, we were presented with the plan for the development of Watson Island, which we acceptec. in principle, if I am correct in what I am saying. We also received an economic evaluation of this concept which was prepared for the consultants, Fowler, Ettinger Potter and Hart. To refresh your memory, there was a person in the audience, whose name is Mr. Pritzker, who expressed an interest in being the developer of this concept as presented to us that day, with perhaps some modification. He asked that he not be used as leverage for other developers, and personally had no knowledge of what his development ideas were, but I did express sympathy with his thinking, that I could understand him not wanting to be used as leverage for another person's development idea. So the Mayor appointed you, Mr. Grassie, and myself to meet with Mr. Pritzker and to have dinner with him, which we did, in the presence of another couple, Carolyn and Jack Weiss, who are two local people involved in development of various sorts. The meeting brought to light to me, what Mr. Pritzker considered a reasonable offering It was a new offering to me and I reserved judgement on it at that time because -I felt it was too short a notice for me to give a conclusive opinion on him and/or his proposition. After further study and discussion, both with you Mr. Grassie and with members of your staff, including our Finance Director, Mr. Gunderson, and other members of your staff, a proposal that seemed more reasonable to the interests of the City, was drafted, and presented back to Mr. Pritzker. To have met Mr. Pritzker I think was a real privilege for me. I have never in my life, yet, met anyone quite like Mr. Pritzker. Obviously this is the reason, why he was written up in Business Week, he, his sons and his family, of which I have a copy. Now, I received communication from him today and this was by way of telephone and dictated here to our secretary. Also received by the telecopier, a copy of a letter which he sent out which we had not received yet in the mail, both of which are the same. To sum it up, and I handed you copies, I think you have copies, if you don't I have an extra one you can have, his idea of developing this property,- 102 DEC 1 b 'm a gave everybody a copy),,,, -to sutra it ups and that is why I at going to ask you -a take the decision. I am not going to say that I am going to take the decision because it is really a decision of philosophy, as well as good business practice. First of all Mr. Pritzker, is investing his reputation. We, the City, will be investing capital, land and the concept. We will be gambling on him and his reputation for being able to make successful ventures, to make a venture successful. He is very experienced, he has a great background in hotel work. He is the owner, or one of the main owners of the Hyatt chain. I am giving you all this background because I am going to ask you, and ask the Manager, --all of you are going to make the decision. Mr. Pritzker is asking the City to, if you will read your memorandum, to issue bonds adequately secured which would produce a loan of up to 25 million dollars. What he means by adequately secure, is that we, in addition to the revenue that the development will produce, that we pledge, the revenue from our franchise money, Mayor FErre:----Florida Power & Light, ---- Mrs. Gordon: --at this time, that is about all we have, --Florida Power & Light, and some money from Southern Bell, which isn't much. Secondly, to that, 25 million dollars, we, the City will issue revenue bonds in the total sum of 10 million dollars, more or less. The more or less is based upon the cost of the development, since it cannot be pinned down to an exact dollar cost. It is impossible at this time. To do that, there must be a more -or -less factor involved. And it would be secured upon the revenues that will come from the Watson Island Theme Park, and its operations.I read the reports of the economists, that wrote this for us and according to their economic report, this should become a money making proposition. Mayor Ferre: (inaudible) Mrs. Gordon: I just read all the reports, that I have received, and I analyzed them and discussed with Mr. Grassie, and Mr. Gunderson, and other members of the staff, the proposition we have been laboring over this thing, because the philosophy,thet is the problem area,is, the investment in total by the City upon the investment by the developer,of his expertise. Now we have to answer him, because he wants us, the City of Miami, to lease to him, and he will form, ---this man is 80 years, recognizing his age, you know he is a negotiator. He is probably not going to be either the developer for very long, or the operator, because of his age limitations, although he has more smarts right now at 80 than some people one-third his age, with many doctorate degrees. Nevertheless he has something against him, and that is his age. He is 80 years old. So, he is asking us to give to him, his development company, corporation, a certain portion of Watson Island to be agreed upon, but the area will be approximately 16 acres or roughly one-half of the south side. He would be interested in putting in place something along the lines of what we have received. He may differ from that somewhat, if he felt he could improve upon it. His fee for operating would be 4% of gross revenue. His original proposal did not include any ground rental, or ground lease. The modified proposal I have here today, does include a basic rent for the use of the land, of 4%, equal to the amount he is taking for management. He would form a management corporation, in addition to development corporation. Now, he is also saying that, when there is a net profit, and he anticipates there will be a net profit, that the net profit would be divided on a 50/50 basis with the City, and that there also would need to be money set aside for replacement further development, etc. So that is part of the deal. This is not conclusive in every detail, but it basically states the intent and also states a desire for us to grant to him a 90 option for purposes as he states, to arrange financial sources of money that the city can call upon for the bonding, which may be a factor to be con- sidered, because he happen to be who he is. 1 don't know whether you want to hold this proposition up from any other bidders for 90 days or not. I don't know whether you want to give anyone the whole proposition plus half the profit, without any investment on their part. I don't know whether you want to do that. I don't know whether you want to allow him the exclusive right for another 90 days. He has had about a month, and certainly with the holidays corning we are not going to doing very much as a commission. At any rate, that is my report, I am not making in this report my recommendation because I need to know your philosophy and your thinking. I want to see this property developed. I want to see us have a Theme Park. One of my concerns in giving him a 90 day option, is that, if he does not proceed with it, at the end of 90 days, it will have become a lemon, because the next person coming in might say, why didn't he complete the job. Why should we go in now. From the standpoint of intresting people in property, that is not the 03 DEC 161976 best Way to get a lot of excutement goin, on a piece of property. Frankly, would like to hear from you and then I will proceed. Mayor Ferre: Are you talking to me? Mrs. Gordon: Anybody. Mayor Ferre: I will make mine shout. Mrs. Gordon: You really have to speak to ttd points. you have tip speak to whether or not you want to fund the whole thing and then use the man's expertise and shake him a partner on that basis, and the second thing you have to speak to is whether you want to give him an exclusive option for 90 days beginning Jan.- Mary 2nd. INAUDIBLE Mrs. Gordon: There were letters sent out to prospective persons who could be in the category of being developers. However, as I understand it after checking into this I found out that these were sent out before the economic study was com- plete. Those people who did not respond, probably did not respond because they did not have an economic study. Mr. Pritzker was privileged to receive that and there is no harm in that but he did get it. The others have not. Go ahead, Maurice, Maurice, do you want to talk? You have to get them all because this is a decis- ion that isn't a unilateral decision. Mayor Ferre: That is exactly the point. Mrs. Gordon: It is an extremely important decision. Mayor Ferre: One of the most important decisions we have before us. 89, BRIEF DISCUSSION: PROPOSED LOCATION OF FEDERAL RESERVE BANK - SUPPORTING LOCATION IN DOWNTOWN GOVERMENT CENTER, Mayor Ferre: Mr. Charlie Crumpton just came back from a meeting with Alvah Chap- man and I have good news for you. It looks like the exploratory trip of Alvah Chapman, Hood Bassett and I forget who else, to see the Chairman of the Federal Reserve Board was successful and they came back and there is a commitment on the part now of Metro to give them not one but two pieces of land which amounts to about 6 acres of land. How many acres of land? It's a large chunk of property in Government Center. Mrs. Gordon: I move you that we accept this resolution. Mayor Ferre: Wait a moment, you'd better read it. It's going to cost you $350,000. Mrs. Gordon: There's no money mentioned in here. Mayor Ferre: Oh, I'm sorry, I shouldn't have mentioned the money. Alright. Mrs. Gordon: This only says to support a concept - I support a concept. Mayor Ferre: All right, Mr. Crumpton is going to explain it because I don't like... Mrs. Gordon: Ok. Can we finish the other Pritzker deal because we've got a full board now? You're never going to get everybody off the phone at one time so don't worry about that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1162 A RESOLUTION SUPPORTING THE CONCEPT OF LOCATING THE FEDERAL RESERVE BANK IN THE DOWNTOWN GOVERNMENT CENTER. (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; Mr, Plummer, Mr. Reboso, Rev, Gibson, MrS, Gordon and Mayor Ferre, NOES: None. 104 DEC 161976 ork Mayor Fetre: Let me explain to you so you'll underL,ta.:,, why it is sc good fcr tat The Federal Reserve Board is one of the few governmental agencies that pay ;idai takes. That means we're going to get some local taxes paid on whatever that building goes up there. Mks. Gordon: You know speaking of taxes, Maurice, brings a point that's very interesting because of the new ruling that public lands, a profit making enter prises have to start paying taxes and that is another thing about this Watson island deal that we have to take into consideration (1). (2), we also have to no matter who develops it we have to be prepared for the fact that there legal ized gambling may come into this area and if it does come into this area that this city be prepared in some way to, you know if there is going to be anything taking place on there that the city does profit from it. Mayor Ferre: Ahmen. DISCUSSION ITIN: PROPOSED $40,000,000 DEVELGP RENT OF ATSON ISLAND INSTRUCTIONS TO CITY MGR. FOR NEGOTIATIONS WITH A. N. PRITZKER. Mayor Perre: We got a project before us which is a $40,000,000 project by the tithe We're finished, they say 35 in that book... Mrs. Gordon: It's going to be 40 or maybe 50, you can bank on that, Mayor Ferre: Let's say it's $40,000,000 for now. Now, I want you to understand that the recommendation in that book is that we spend $15,000,000. Ok? And then we go out to somebody and say you come out and spend $25,000,000 or $20,000,000 and put up this park. That's what that thing is saying. Now, Rose Gordon and Joe Grassie in my opinion did a very exceptionally fine job in negotiating the contract with a very difficult individual, not because he's tough - well he is tough - but because he's an exceptionally qualified man who has a life history of success. He's 81 years old, not 80. He's a Harvard graduate lawyer who started making money a long time ago and right now every insurance from Prudential right on down and every bank in the United States wants to lend him money. The reason they want to lend him money is because he has a perfect record. He's never gone back. And banks always want to lend money to people who don't need money. That's the way this thing works. He's got a perfect record and he's got a lot of money. Now Mr. Pritzker is not alone. It isn't A.N. Pritzker individual, it's A.N. Pritzker Organization. He's 81 years old. He's got a son, he's got brothers, he's got nephews, he's got employees that make literally hundreds of thousands of dollars. This is a large organization. You're not talking about one man in a law firm you're talking about the Cero Corporation which is one of the largest firms in New York. Mining, they're into everything; building houses, they do all kinds of things, leadership housing; they're into shipping and you name it. One of the companies they have is something called the Hyatt House. That is probably the largest hotel corporation in the world right now, expanding and putting up hotels all over. Obviously Mr. Pritzker age 81 sitting in Chicago can't be making all those deicions himself. He's got a very large organization. One of the things that he has is an operation up in New Jersey(I forget the name of it) which some- body dumped an awfully lot of money into and the First National Bank of Chicago I think got stuck for 50 or $70,000,000 and who do they call in? A. N. Pritzker. Mr. Pritzker is in this business... Did I make a mistake? Mrs. Gordon: Don't mention it. Go ahead and finish, I'll tell you.... Mayor Ferre: Well, I don't know anything about it except that operation is some- thing that Mr. Pritzker ended up with not because he did it or he thought of it but because the bank came to him and said we've got a problem, help us. That's the kind of a man he is. That's the kind of an outfit he has and he's in there now. When we first started talking to Mr. Pritzker he took an interest not be- cause of Rose Gordon or Maurice Ferre or the City of Miami or anybody. He took an interest because he happened to be coming dawn here to negotiate another Hyatt Hotel with Carolyn Weiss. And Carolyn Weissirgot him involved and interested so we met and,tapoul-aboutAt. At first he wasn't vA`ay interested; ?Iow, hia lirO ..,-;J MiciDreaeh to this thing is like a hotel. You put up the hotel, I'll run it for you and it's your money, it's your risk and I get a 10% fee to run the hotel for you and if there's any profits after that you get 20% and I get 80%. That's a typical Hyatt House deal. Now, we said to him, Mr. Pritzker, we can't do it that way. There's no way that can happen. Now let me tell you where these key negot- iation points went and why it began to become a very good deal besides the fact that we had the Pritzker name. (1) Most of the people we're dealing with are go- ing to say you put up the :Honey, we'll run it, most of the people. I haven't found anybody yet who says anything different from that. And the people I talked to in New York say that's the way these thinw go. But the key is that the City of Miami although liable for $20,000,000, now he puts 25, liable we don't have to pay for it because the idea is that the park itself will retire the debt. Ok? If I go into a business and put it up and I borrow the money I want to put up a chain of groceries and I go to you, the bank and say lend me $40,000,000, I want to put up a chain of groceries the bank is going to say what are you going to put into it. Now in this case what we're talking about is borrowing all of the money, We're not putting up any money ourselves. What we are agreeing to do is to guar- antee up to a certain amount if the business goes bad. If E.R.A. is wrong, if it is a flop then we're stuck for a big chunk of money and that's why we've got to be very careful. But the real incentive, the thing that I like about the way this thing was going was that the project is going to retire the debt, not the city. The project is going to retire the debt. To me that was the most meaningful break- through because most of the time General. Potter said to us you spend $15,000,000 then you go out and you get somebody to spend 20, No. The bank lends up 40 and 1OG DEC 161976 we q(i spend it and we don't have to put anythis9 ei e u:.i cs pro: Qz.t goes h� It the project goes well the first cash flow--- Now this is the second thine; which is important. Where does your money go? First money goes to running the project. The Second money goes to retiring the debt. Now if you borrow $40,000,000 over a 20 year period your constant is going to be about $4,000,000, 31-4, whatever it is. So in effect what we're saying is that whatever cash flow money comes out of the project after we run it the first money goes to pay the debt and that in my opin- ion is a pretty safe bet that we're going to be able to cover that. Now, (3) If we don't cover it then whatever monies we put up into the kitty, and what we're doing is we're pledging future moneys that we have from the Florida Power and Light Franchise, we're saying if the project after it gets going is short the first year let's say by half a million dollars we've got to put up a half a mill- ion dollars. The second year it is short by a million, we put up a million up to $20,000,000. Now it is almost impossible in my opinion if the project has any merit at all for that thing to go into the hole $20,000,000 from the cash flow that are being projected. And if there is any chance of it we shouldn't even be getting into it which is another subject. Now, if the project turns around and makes money we get that money back. So the money that stays into the kitty is only if there is a shortfall. The moment the project begins to make a profit that kitty begins to reduce until it is gone and thlt then is released for other sources for other projects. Now with regards to the fee, most of the fees for these type of things are around 10%. That's standard. Some of them are S. Pritzker wanted 6, he finally got down to 6. Mr. Grassie and I went up to Chicago and talked to Mr. Pritzker after Rose had finished I thought that perhaps she'd hammered him a little bit it'd be my turn to hammer him a little and see what we could get. Grassie say to me, as I recall (what was it, 6%?) and he says you know that's reasonable, I think... or when we talked for a moment, Mr. Grassie said to me, "I don't think you're going to get much better than that." So we got it down to 4% which is really very low for a management fee. But listen to this: Not only did we get it down to 4% but he doesn't get any money if there is nc cash flow. So it's not a fee that we're bound to because if there is no cash flow after debt service there is no fee. Mrs. Gordon: Maurice, his first proposal which was one that we could not even consider was that he get his 4% on the first flow of money and we waited in line way down here somewhere to pay our debt. A lot of reversing in procedure has taken place. Mayor Ferre: That was one hell of a concession that we got. Not only did he go from 6 to 4 but that the 4 would go under the debt payment. But, I'm not finished, listen. He said no land lease. No, I said we can't subordinate the land, there is no mortgage, this and that. So Joe says to me, don't push any more, you're going to blow this whole thing. Just keep still. So then he comes back and he says $100,000 because Carolyn was telling us no more than $100,000. So I said, "Mr. Pritzker, are we partners or not?" He said yes. I said, well if we're part- ners then we go 50-50. He said what do you mean? I said you get 4% for the fee, we get 4% for the land. He said, "Ok." Carolyn had walked out of the room to make a copy of something and when she came back I said, we're equal partners. We get 4% for the land and you get 4% fees but we get ours first. And Mr. Pritzker said oh no, it's got to be equal now. Now you know we couldn't push him any more than that. So at that point I really figured that we'd better leave him alone. So 4% is equal, what's called pari passu. It's equal dignity. He gets as much as we get, Now the next money is for a reserve for depreciation, improvement and expansion and finally whatever is left we split 50-50. Now I'll tell you that is one hell of a fine deal. Now let me tell you what the problem is. The problem is this: That he went to a major American bank, by major I mean the major American bank, and the major American bank looked at it and said - I talked to the vice- president - and he said, "Look, 4 or 5 years ago these type of deals were going. Nowhere, no place, nobody, no bank is going to lend any money for a $40,000,000 project on a revenue sharing bond with only $20,000,000 guaranteed. That is not enough. You're going to have to guarantee all $40,000,000." And at that point Pritzker calls me as he likes to do at midnight or 11 O'Clock or some late hoar and I said, Mr. Pritzker, you're a nice man, I want to thank you, good-bye, the deal is over, we don't have any deal. That's the end of it. And I called Carolyn the next day and I said I'm sorry. Mrs. Gordon: It was me, and you said the deal's off and he called me 11 O'Clock that night,.. Mayor Ferre; Then he starts negotiating again. I mean this man won't give up, So the next thing he's negotiating - I'd said no so he starts negotiating with Rose, So then the thing comes back and he calls me and he said, "Look, I think maybe we can get this thing back on the track." I said Mr. Pritzker, there's no way after I heard from that banker and you told me, He said, "Well, maybe there are alternatives. I've been talking to other banks and I might pursuade some of 107 DEC161976 r ty £riehdly bankers to come through. 1 ic., w,_11 you crow what the conditions are and t don't see that we can do any leas than that. Well, I got a phone call trot Carolyn Weiss Monday or 'Tuesday of this week. She said, well maybe Mr. Prit- Iket ,flight guarantee $10,000,000. Nov that didn't come through in that letter, 1 realize that. But I'll tell you if he does and if the other conditions are the Seine as when we left him in Chicago in my opinion it's pretty hard to walk away from a deal like that. 'That's my opinion. The problem is that he wants 90 days. Now, what's my recommendation? My recommendation is that it's just too good a deal to walk away from this quickly. I think you just can't walk away when the man is still interested. Nobody is going to duplicate that. Now I want to tell you that I haven't discussed this with too many people but I have called and informed (what's the name of our auditor?) Earl Powell who happens to be one bright guy in finance. I also called General Potter of the firm that gave us some advice. I talked to Mr. Grassie and today I talked with Alvah Chapman who happens to head the Downtown Action Committee. Now obviously I told him what I told you. It's very hard for anybody to come up with a conclusion with 5 minutes of conversation. But in principle everybody that I've talked to have concurred that it's a real first class fine deal and if it's for real. Now he wants 90 days. My opinion is this: 0n your two questions, Rose; (1) I don't think that we want Watson Island developed, that we're going to get anybody to finance it for us. I am positive of it for several reasons. First of all because we adver- tised as you well know in the newspapers for a long while. Mrs. Gordon: No we didn't. Mayor Ferre: Yes we did. Didn't we advertise? Mrs. Gordon: I want to clarify the record so it's not being misunderstood.,. sent some letters to several people and... Mayor Ferre: Well, not several, 60. Mrs. Gordon: There weren't that many. Mayor Ferre: Sixteen major developers with people who were in this business.' Mrs. Gordon: Well, the list I was furnished only had 6. Now that could be an incomplete list. Mayor Ferre: There were 16 firms. I personally have sat down with the Vice - President of the Marriott Corporation. I've talked to a lot of different people interested and there is only one firm that I know of which is the Belli Company who has given us some very very interesting inferal that they would be interested but that they need 3 months to study it and they're going to spend $100,000 and they'd come back and talk to us which is fine. But I want to tell you you're not going to find anybody to duplicate in my opinion the deal that Mr. Pritzker has offered us if he guarantees $10,000,000. Mrs. Gordon: Ok, Maurice, he has not guaranteed anything... Mayor Ferre: Well, I would make it conditional on that. Mrs. Gordon: Well, now you have to make one decision. Ok, that's one thing and if he does guarantee $10,000,000 then are you willing to give him the 90 day opt- ion? Mayor Ferre: No. I'll tell you in my opinion I wouldn't give nim 90 days. But I would give him 40. Look, A. N. Pritzker is worth waiting for. Ok? And the deal that he's talking about is well worth waiting for. And I would give him 45 days and I would make it conditional upon the fact that we're only going to come up with 20 and whatever difference needs to be guaranteed he's going to have to do it. And we want a reply. Today is Thursday, I want a reply by Monday. Mrs. Gordon: Mayor Ferre: to thank Mr. Mrs. Gordon: in the area. What's our alternatives? Let us examine them. Let me tell you what the alternatives are. The alternatives are Pritzker, say good -by to him and put it out to bid. He won't kiss it off, he's too smart. He recognizes the potentials Mayor Ferre: You know Joe Grassie, 1 learned a lesson from him. I learned a couple of lessons...and I don't learn that many lessons but he's taught me a Couple of them and I'll tell you one of them. On that Southern Bell. I said, Joe, 103 DEC 161976 I guarantee you wL can go 31 and you said absolutely ro'L. I said How cc you know that? He said, well I know. So I'm going to tell you something. Mr. pritzker is today in New Orleans negotiating to take over the Super Bowl or whatever that place is called, the Super Dome. He's got a contract going with the Penciling Government to take over I don't know what else. He just opened last week the BOston Hyatt and they're building about 20 Hyatt Houses all over. He's making deals left and right. He's 81 years old and I'm just going to tell you that that Old Man is just not in my opinion I don't think he's going to do it, Rose. That's Just a gut, and I don't know how you feel about it. Do you agree? You agree, Mr. Grassie. Mrs. Gordon: He's not going to do what? Mayor Ferre: He's not going to come back. Mrs. Gordon: You mean he's not going to guarantee any money? I can assure you that. Mayor Ferre: No, that's not what he said and that's not what I said. 'That's what you say. Mrs. Gordon: No, I mean I don't 'think that Mr. Pritzker is going to guarantee any money. Mayor Ferre: I'll give him until Monday. And here, therefore, in conclusion here's what I'd like to do. I'd like to say we'll call him up in the morning and explain this to him. We'll give him until Monday to make the decision. The City of Miami will only guarantee $20,000,000 with the Florida Power and Light Bonds on all the conditions previously discussed with him. We would give him 45 days to put it together if he feels in good faith that he can do it. If he cannot do it in good faith then he'll tell you that he doesn't want to waste his time and yours and then (2) I would leave it this way; that if by Monday afternoon, ar.d I let Mr. Grassie do the talking, if by Monday afternoon he can't come to that conclusion on a positive basis then that we thank him, say good by or welcome him to bid if he wants to and put it out on an advertising thing and come back March 15th because it will take you that long and that's what Balli wants. They want til March, first of March, 15th of March, I don't care. You set the date, Mr. Grassie. And we'll listen to proposals if we have any. INAUDIBLE Mayor Ferre: Florida Power and Light Franchise funds are tied up pretty well be- tween now and let's say the next 2 years. Starting with the third year, we've got 8 years left, starting with the third year and going through the 8th year, that's for 6 years, we have approximately 40-$50,000,000 of free money that will be avail- able to us to do whatever we want with it. What I am recommending is that we take starting two years from now $3,000,000 a year, 31 million until it builds up to $20,000,000 which it will by the 8th year and put it into a reserve which will be a flexible reserve depending on the success of the project. As the project makes money the reserve is lowered. INAUDIBLE Mayor Ferre: You don't need a project at the Convention Center because at the present time with the allocations that we have there are sufficient funds to meet the $12,000,000 requirement that we have after the first of the year. Mrs. Gordon: What happens, Maurice, if we go to the voters on this new franchise and have the same luck in 81 we had this time? Mayor Ferre: Sweetie, let me tell you about that. I'm not even thinking about that money at this point. Mrs. Gordon: Boy, I am. Mayor Ferre: That's gone. I hate to tell you. You're talking about Southern Bell? Mrs. Gordon: No, Florida Power and Light's Franchise expires.,, Mayor Ferre; We've got 8 years, or seven now I guess. Mrs. Gordon: I thought it was in 81. Mayor Ferre; No, we've got 7 or 8 years, I forget which. 109 DEC 161976 MreI Gordon: Does anyone know for sure? Mr. Greeeie: I'm not sure, but I believe it's 84, Commissioner. Mayor Ferrel Yes, We've got 8 yeart left and the Money is pretty Well tied up 17 and 78. But starting in 79 it's pretty free and we'li have about $40,000,000 free and clear. Mr. Pluam►er: Let me ask this because the thing that I have great opposition to, What you're saying is that he's going to have to come up and guarantee 20 to $25,000,000. Mayor Ferre: No, we're going to guarantee 20. What he does with the other 20 is his problem. I don't care who guarantees it... Mr. Plummer: Here's the point I've got, Maurice: You know a man is in a hell of a fine position, if the thing goes sour he just walks away from it with no obligat- ion. If he's got an obligation he's got an incentive to stay there and make it go. Mayor Ferre: J. L., let me tell you something. You're not going to find person one•in the United States - now you might find some Arab money or somebody in Swit- zerland or somebody like that - but you're not going to find anybody in this country that's going to put one red cent into any amusement park anywhere. Mr. Plummer: Why? Mayor Ferre: Because today investors are not looking for that type of a thing. They're looking for very safe investments. They come here all the time. I talk to them. Do you have a building that's rented? We want a 10% return. What do you mean a 10% return? Mr. Plummer: Yes, but Maurice, the point I'm trying, or the thing that I'm try- ing to search out, if American investors do not want to invest in that because it is not what you say safe then should we be assuming the same attitude? If it's not good enough to them... Mayor Ferre: That's a very good and valid... It's a good question, J. L. But you see, I look at it differently. Here's the way I look at it. You see this is not a corporation and we're not investing our money into something for profit. This is a public body. This is a public corporation of the City of Miami. Let me tell you this city and this community is dying on the vine. Now I don't always agree with Jan Leggis out there at F.I.U. but I'm going to send to you a copy of an economic survey which was just made public. And what he's saying, and he damned near proves it to me, is that the economic intrastructure of this community is changing. It isn't that we're into a lull in the recession, it's that what hap- pened and that's gone, man. We're heading for different kind of days. And I'm going to tell you something and what he's saying and what he's implying is if we don't go after these trade centers, if we don't go after these conventions, if we don't go after new hotels and Hyatt Houses and Hiltons and new investments in this community, and solar energy projects and Federal Reserve Banks and what have you this community is going to go down. Now what I'm saying is this: I don't need to make the pitch for you. There are 20 major metropolitan areas in the United States of which Miami is one. We have a million and a half people. Nowhere but in Miami is there zero recreational facilities and Miami is the only major community in the United States, metropolitan area, where there is no would you believe tourist at- traction other than Seaquarium, Parrot Jungle and the Snake Jungle. Ok? We don't have anything here. Tampa has Busch Gardens and the other one has this, that and everybody has something. Atlanta has Seven Flags Over Georgia... Mr. Plummer: Yes, but Maurice, don't you feel that the reason that we don't have it and possibly won't have it is because of the tremendous impact that Disney World has? Mayor Ferre: J. L., you know I'll tell you it's just a question of whether, I know it takes a little courage and it takes some guts and something to get some- thing done like this. But I'm going to tell you you've got a million passengers across the stream there that take those boats all the time. You know those people come into Miami, they don't have anything to do. They sit around, I see them. You know where you see them? Over at Miamarina Restaurant. They sit around, mulling around, walking around - they don't have anything to do. They wait five hours to get on the port. I guarantee you just for those million people and just for the community that we have whatever we put there is going to be a success. Now you can't do something with nothing and we're going to have to have the coup- age to do something dramatic. You're not going to do it by putting some little 110 DEC 161976 iii)cy=link second rate Pirates World or Six Gun Territory or something like that and we're got to do it first class. And it's going to cost you $40,000,000. Inc t'Ve got news for you, it's going to be our $40,000,000. All I'm saying is I'm willing to come up with 20 or take a chance on 20 because we're not going to come up with 20. I'm willing to risk $20,000,000 to get this community going again. Now either you believe that or you don't. If you don't believe it let's drop it and go onto something else and we'll worry about... But I'll give you the same philosophy in this that I gave you in the trade center. Hey, I've got news for you; after we get this one going and it's the last thing I want to do and then I don't want to be Mayor anymore. I want to get that trade center going and that's it. If we get that Trade Center moving, get Dinner Key fixed up and we get that Convention Center and we get Watson Island, ahmen - good-bye. Ok? And we need to get something going. Now getting back to Pritzker... Mrs. Gordon: Pritzker's deal has one clause, Maurice, that you might be able to reconcile for me or you, Mr. Grassie. It says, and it's entirely likely that the mortgagee under paragraph 2 that's the 10,000,000 will require some form of agree- Ment regarding the lease if there is default in that mortgage would that encumber the land, Joe? It's on the second page. Mayor Ferre: I can answer that. There will be no encumberance on the land at any time. Now what he is saying is this: and no lendor is going to lend you money unless you give them something like this... Mrs. Gordon: Well, of course, that's why I asked the question. Mayor Ferre: If the thing goes bust. Ok? They want to pay $1.00 a year for the land until the thing gets back on its feet and that's a reasonable request. Now if it doesn't go bust there's a land lease. It's a reasonable request and a reas- onable business transaction. Mr. Grassie: There's no encumbering of title. Mrs. Gordon: No. ... This is very sparse and it's.... Mayor Ferre: I've looked at it Rose, and in my opinion is not even worthy, with all due respects to Mr. Pritzker, I'm not interested in that letter. Mrs. Gordon: The only thing this says that indicates an interest consideration is his willingness to wait for his management after the mortgage payment which indicates to me a concession on his part. Mayor Ferre: Oh, he's conceded a lot of things. That's one of them. In my opinion Mr. Grassie and I came up to a basic agreement in Chicago, he and I, as to what we thought was a good deal. We got more than that. I'm willing to tell Mr. Pritzker we'll give you 45 days on what we said and you give us and answer on Monday whether or not you want to proceed. That's number one and I'll make it in the form of a motion. Father, I give you the gavel and I move you, sir, that we give Mr. A. N. Pritzker until Monday to decide whether or not he wants to proceed with the proposal as substantially in substance as outlined today by me which is what Rose Gordon, Joe Grassie... Mrs. Gordon: Well, let's refer to his communication dated December 14th. Mayor Ferre: No, I don't want to. That's exactly what I don't want to do be- cause that communicaion in my opinion is not as good a deal as what we had before. Mrs. Gordon: Well, with the modifications on Paragraph (2) that he become the security factor for $10,000,000... Mayor Ferre: No, I don't want to pin it down to that. I'm just going to say that all we're going to come up with is a guarantee of 20,000,000. If he can get the Chase Manhattan BAnk or Bank of America or the First of Chicago to come up with a difference that's his problem not mine. I don't care. I'm not going t tell him how he comes up with his money. And that's his problem. I'm saying that our deal is good through Monday. Mrs. Gordon: It's our problem, Maurice, because unless he puts his name on the line it's our problem. Mayor Ferre: You're never going to get anybody to do that, Rose. I'm absolutely certain of it. Now he may get his bank to do it but he's not going to do it. He doesn't have to, he doesn't need it. He's not going to get involved in that. My Motion is we've got a good deal let's move with it. We give him until Monday 111 DEC 1d1976 to make a decision. If he t.hir,k; thy Lt nd give him 45 days to search more, if on Monday he says he c dr:' o it, anc. 1 ' an honest man and he'll give us an honest answer, then I Move you (2) that we put this thing out for public bid through a public process, advertising Without any ties and let the bidders come here on March 1st to present proposals to the city. Mrs. Gordon: When would you present the ad then? When would you go to newspapers? Mayor Ferre: I think it should be advertised in the Wall Street Journal and natilnal publications by the end of the year or first week of January and the presentations should be made on March 1st or in the week of March 1st, Mrs. Gordon: I don't think that you can expect that you'll get that kind of rapid reply ... Mayor Ferre: I know that you can't... Mrs. Gordon: ...because you've got to forward this kind of study around the country. Mayor Ferre: Rose, I tell you that may be but you see the point we're not new at this. We've been doing this now for the last 6 isn't a major developer--- Great Western, Great Southwestern is They've called us. Charlie, come on. Mrs. Gordon: Charlie, who sent letters? material all is this that months. There interested. Mayor Ferre: The Baili Company is interested. Marriott is interested. Taft is interested. Great Southwest is interested. M.C.A. is interested. Who else? That's enough. I've got news for you, those are 5 top companies. If two of them see it through I'd be real pleased. So that's my motion. Mrs. Gordon: Maurice, who besides Maurice Alpert, Marriott, Southwest Develop- ment Company of California, Disney, Magic Mountain people, who else did you write to? Mr. Crumpton: Taft was one of them. Sea World people, New Hall Investments and there are a number more I can't think of them right now. INAUDIBLE Mrs. Gordon: You know what I suggest? We don't make any motion at this time but that we do call Mr. Pritzker and tell him what you have in mind and get an answer. You could probably get him on the phone now if you wanted to. Mayor Ferre: Put it on the record what you just told me. Mr. Crumpton: Back in January of this year whenever we solicited these particular people and advertised we got no responses... Mrs. Gordon: Yes, but you din't have an economic report did you? Mr. Crumpton: That's exactly right and the economic situation of the nation was in a much sadder state than it is now and that's why we got no responses at that particular time. So we took the next step to go ahead and get these kinds of feasibility studies which we felt would put us in a better position to get better interest and because of these reports we are getting interest as I named 5 of them at this particular time, six including Pritzker that have had interest. Most of these were from those original contacts that were made at the first of the year. Mrs. Gordon: Do you, Charlie Crumpton, recommend that we exclusively allow Mr, Pritzker to negotiate? Mr. Crumpton: Sure, I recommend it. Mrs, Gordon: And excluding the others from negotiating? Mr. Crumpton: You would have to do that in order to, you're in the procee$ of "negotiating" with Mr. Pritzker.... Mayor Ferre: Hey, I think this is a good deal, I move it. Mrs, Gordon: What are you moving? You'd better repeat. Ineiude your 10,000400 for Mr. Pritzker. Mayor Ferre: No, ma'am, I didn't do that. Mrs. Gordon: Why not? What are you doing then? Mayor Ferre: You can amend my motion or change it or vote against it. Mrs. Gordon: Just tell me what you're moving. Mayor Ferre: I'm moving (1) that we tell Mr. Pritzker that we will accept the deal as outlined by me in the last half hour which is a repetition of what was negotiated between you, Grassie and myself with Pritzker, that he has until Mon- day to give us an answer if he wants to move forward on it and that we will give 45 days in which time on a good faith basis he would pursue this and at which time he would bring it to a conclusion if he can find the financing for it; that basically we're only guaranteeing $20,000,000 as previously outlined. That's #1. (2) that in case Mr. Pritzker on Monday says that he cannot go forward and he's not interested that we immediately advertise and bring on the first week of March to conclusion so that we can decide amongst those others who are inter- ested if there are any at that time. That's my motion. Mr. Grassie, do you recommend this? Mr. Grassie: Yes, sir. I think that it should be pointed out to the City Com- mission that based on both advertising and direct contact that the only person who has, the only firm, that has really shown serious interest in the sense of pursuing it, coming here, meeting with you and making a proposal is the firm that the Mayor is talking about. Mrs. Gordon: It's the only firm that had the economic study, am I right? Mr. Grassie: No, that is not correct. Mayor Ferre: Of course not. Mr. Grassie: These others like Marriott, for example, like Southeast they all have all of these reports... Mayor Ferre: I'll tell you something, Mr. Pritzker hasn't even read that report. Mrs. Gordon: I'm going to tell you how I feel about it. If Mr. Pritzker will guarantee and say so a portion of this money and that the city isn't financing the whole deal I'll give him 90 days. I mean the days are unimportant.... the project is important. Mayor Ferre: I'm not going to say anymore, Rose. INAUDIBLE Mrs. Gordon: The Mayor's motion is to give Mr. Pritzker 45 days and for the City to be involved up to a maximum of $20,000,000. Mayor Ferre: No, giving him until Monday to make that decision and then if he says he'll proceed give him 45 days. Mrs. Gordon: The city guaranteeing only $20,000,000.... Mayor Ferre: He's got to find the other 20. Mrs. Gordon: ...and he has to finance or find the other money and -not invb3.ve the city in it. Mr. Plummer: ...(INAUDIBLE) If we guarantee 20 is he going to hvae to guarantee all above that to make the total Mayor Ferre: J. L., I don't care. That's his problem. Mr. Plummer: Well then I can't go along with that. If what I'm looking at is that he's go to see--- Look, suppose we put up $20,000,000. He says, "Ok, fine, I'll only construct it to $20,000,000." Mayor Terre: No, he's got to construct a $40,000,000 project. Mr. Plummer: Ok. That's what I'm getting at. Gordon; If it's a 50'-50 deal then it's ok. 113 DEC 16t976 Mayor Ferre: Jesus! I mean you knew en uc;:: .::.cut CirancL teeing in business that that's not the way these things work, Rose. He may find a bank to cone up with the $40,000,000 and that's his problem. Mrs. Gordon: Yes, that's his problem. He's going to get to pay back froth his share of the revenue or from ours. Which? Mayor Ferre: Ok. Look, I move it and if there's no second that's alright with tie and we'll go onto the next one. Mr. Plummer: I'll second the motion. And he's going to give us the answer by Monday? Mayor Ferre: Yes. Mrs. Gordon: What happens on Monday? We don't meet until January. Mayor Ferre: I already made that as part of my motion. If on Monday he tells Mr. Grassie no, he has til 5:00 Monday. If by Monday at 5:00 the Man says, if he says yes he's got 45 days. Mrs. Gordon: And Mr. Grassie goes into a contract with him for 45 days? Mayor Ferre: No. He's got to come up with a deal for the money and if he doesn't come up with the money in 45 days it's done and over with. And at that point then we'll advertise and we'll do it--- If on Monday he says no in my opinion then what I'm saying is open it up and on March 1st we come up with whoever else is left. The following motion was introduced by Mayor Maurice Ferre, who moved its adoption. MOTION NO. 76-1163 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMMEDIATELY CONTACT A. N. PRITZKER, OF CHICAGO► IN REGARDS TO THE DEVELOPMENT OF WATSON ISLAND, CONVEYING THE POSITION OF THE CITY COMMISSION THAT THE CITY OF MIAMI WILL ONLY GUARANTEE $20,000,000 OF THE TOTAL $40,000,000 COST INVOLVED IN THE PROPOSED DEVELOPMENT OF WATSON ISLAND AND REQUESTING A REPLY FROM MR. PRITZKER AS TO HIS ACCEPT- ANCE OR REJECTION BY MO DAY, DECEMBER 20, 1976, AND THAT: (a) IF MR. PRITZKER IS IN AGREEMENT, HE BE GRANTED A 45- DAY PERIOD IN WHICH TO PRESENT TO THE CITY COMMISSION DEFINITE PLANS FOR FINANCIAL ARRMIGE?JTS; AND (b) IF MR. PRITZKER IS IN DISAGREEMENT WITH THE CITY'S PRO- POSAL, THAT THE MATTER Or THE PROPOSED DEVELOPMENT OF WATSON ISLAND BE ADVERTISED FOR PROPOSALS IN SUCH NATIONAL DISTRIBUTION AS THE WALL STREET JOURNAL, AND TO PRESENT THESE PROPOSALS TO THE CITY COMMISSION BY MARCH 1, 1977. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plumper, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. !erre NOES: None. Mayor Ferre: Do we have anything else? Mr. Grassie; We have five routine Resolutions which we will distribure right now and we have one which will require a little discussion, Mr. Mayor, which is the one that you have in your hands. Mayor Ferre: All right, in the meantime, Mr. Reboso. 91. AUTHORIZING AND DIRECTING THE CITY MANAGER TO ARRANGE FOR TRANSPORTATION OF "Amen' DEDICATED TO 'THE MOTHERS" Mr, Reboso; In the meantime, Mr. Mayor, these people - "Orden Caballeros de La Luz", �r.. 114 w DEC 161976 they have a (monument in Watson Island and they are requesting that the monument be ttansfetted to 13th Avenue. Mrs. Gordon: Where is it going to be Hanolo, behind the other one? Mt. Reboso: Yes, behind the other one, 13th and 9th. The following motion was introduced by Commissioner Reboso, who moved its adoption. MOTION NO. 76-1164 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ARRANGE VOA THE TRANSPORTATION OF A MONUMENT ("MONUMENT TO MOTHERS") FROM ITS PRESENT LOCATION TO THE PROXIMITIES OF 13TH AVENUE AND 9TH STREET. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES; Commissioner Manolo Rebosu Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Vice Mayor Rose Gordon NOES: None. 92. ALLOCATE $6,000 FROM CONTINGENCY FUND FOR AN INCREASE IN MONTHLY SALARY OF CIVIL SERVICE BOARD MEMBERS. Mayor Ferre: There is a motion and a second, Plummer moves, Gordon seconds, further discussion call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1165 A RESOLUTION ALLOCATING $6,000.00 FROM THE CONTINGENCY ACCOUNT OF THE GENERAL FUND FOR AN INCREASE OF $100.00 IN THE MONTHLY SALARY PAID TO MEMBERS OF THE CIVIL SERVICE BOARD, EFFECTIVE OCTOBER 1, 1976, TO BRING SAID SALARY TO THE SUM OF $300.00. (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. 93. AUTHORIZE AND DIRECT CITY MANAGE3 TO ENTER INTO AN AGREEMENT WITH UNIVERSITY OF CHICAGO - INDUSTRIAL RELATIONS CENTER FOR CONSULTANT SERVICES FOR ONE YEAR. Mayor Ferre: Plummer moves, Gordon seconds, further discussion, call the roil., DEC 161976 The foiidwittg readlutiot teas introduced by Commissioner Plumidtet, %v d ite adoption: RESOLUTION NO. 76,-1166 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF CHICAGO FOR THE PERFORMANCE, BY ITS DEPARTMENT KNOWN AS THE INDUSTRIAL RELATIONS CENTER, OF CONSULTANT SERVICES IN CONNECTION WITH THE CITY OF MIAMI POLICE TESTING PROGRAM FOR A PERIOD OF ONE YEAR FROM DATE OF EXPIRATION OF PRESENT CONTRACT WITH 30 DAY CANCELLATION PROVISION CONTAINED THEREIN, WITH FUNDS IN THE AMOUNT OF $122,996 HEREBY ALLOCATED FROM THE POLICE RECRUITMENT AND PROMOTIONAL EXAMINATION PROGRAM. (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. 94, CONFIRMING RESOLUTION: ACCEPT RECOMMENDATIONS OF CITY MANAGER REGARDING BUDGET REDUCTIONS (FIscA.. YEAR 1976-1977). Mayor Ferre: Plummer moves, Reboso seconds; further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1167 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER REGARDING BUDGET REDUCTIONS FOR THE FISCAL YEAR 1976-1977, AS SET FORTH IN THE "CITY MANAGER'S INITIAL REDUCTIONS TO THE 1976-1977 BUDGET ESTIMATE, DECEMBER 10, 1976." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 95, SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION LOTS 3 TPROUGH 7, Um 3, BAYsIDE PARK AND PARAGRAPH 2-40, 255 N.E. 20TH TERRACE, FROM C-L To C-4, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3 THRU 7, BLOCK 3, BAYSIDE PARK AHD (2-40) BEING APPROXIMATELY 255 N.E. 20th TERRACE, FROM C-1 (LOCAL COM- MERCIAL) TO C-4 (GENERAL COMMERCIAL); AND BY MAKING THE NECESSARY 116 DEC 161976 CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID = INANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE IIIs SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of December 15, 1076 Was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8604 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 96. DISMISSED EMPLOYEES: PENSION RIGHTS, Mr. Grassie: The last item Mr. Mayor... Mayor Ferre: We have the legislative....that man has been sitting over there for four hours. Mr. Grassie: We have one more item to bring to you. Whatever you wish. Mayor Ferre: All right, hurry up. Mr. Grassie: It is a proposed Ordinance, it is not on your Agenda, it deals with the question of pension benefits for employees who are dismissed. I think this will require a little explanation and possibly you will want the City At- torney to comment on it. Mayor Ferre: Not much. In other words, when you fire somebody obviously for malfeasance that legally you have a right to.... It came up in the state when Christian,...the Commissioner of Education, sued for his pension,..and you know, he was sued for criminal acts and so on and so forth. Mrs. Gordon: Did he get it? Mayor Ferre: No, I don't think so. (INAUDIBLE COMMENT) Mayor Ferre: He did? He ended up getting it, right? (INAUDIBLE COMMENTS), (THE MAYOR READ INTO THE RECORD THE ORDINANCE AS FOLLOWS); AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN, ORDINANCE 5624, MAY 2, 1956, AS AMENDED, AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED BY PROVIDING THAT UPON A MEMBER'S DISMISSAL FROM EMPLOY- MENT FOR WILLFUL MISCONDUCT ASSOCIATED WITH THE DUTIES OR RESPONSI- BLLITIES OF HIS OR HER EMPLOYMENT WITH THE CITY, THAT THE FOLLOWING WILL TAKE PLACE: ALL OWNERSHIP RIGHTS, TITLES, AND INTERESTS IN SAID 117 DEC 161976 t ER'S CONTRIBUTIONS TO THE PLAN STALL IK1EDIATELY VEST IN SAID DISMISSED EMPLOYEE AND SAID DISMISSED EMPLOYEE SHALL NO LONGER BE ABLE TO APPLY FOR ANY PENSION BENEFITS WHATSOEVER UNDER THE PLAN; FURTHER PROVIDING THAT SHOULD SAID DISMISSAL BE REVERSED BY THE CITY MANAGER OR A COURT OF FINAL JURISDIC,- TION, THE EMPLOYEE, AT HIS OR HER OPTION, MAY ELECT TO RECONVEY ALL OWNERSHIP RIGHTS, TITLES, AND INTERESTS IN HIS OR HER CONTRIBUTIONS TO THE PLAN, AND FURTHER BE PERMITTED TO PAY BACK FOR ANY LOST SERVICE TIME AND ENJOY UNINTERRUPTED SERVICE FOR THE PERIOD OF TIME HE OR SHE MAY HAVE BEEN SO DISMISSED; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Mrs. Gordon: I have a question.on it. The question that I have --maybe it is in here but I'm not seeing it-- does it he get his contributions back? Mr. Grassie: Yes. Mayor Ferre: Yes, that's fair, I mean, he should get whatever he has put into it. All right, further discussion, call the roll. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following' vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8605 The City Attorney announced that copies were available to the members of the City Commission and to the public. NOES: None. 97. PERSONAL APPEARANCE; RICK SISSER, LEGISLATIVE LIAISON - DETERMINATION OF ORDER OF LEGISLATIVE PROPOSALS Mayor Ferre: Rick Sisser has been sitting here for three hours, Rick, let's go. Mr. Sisser: The City Manager has come up with about 10 proposals that I took a look at. The Coordinating Council is taking a number of stands. I think that the three major areas ---one, we ought to go back with tax increment, which was our number one; number two, I think we ought to try to go get the $150,000 for the Trade Fair... Mayor Ferre: I go for $300,000.... Mr. Sisser: 0.k., let's go for $300,000, minimum, o.k., and...pick your next shot. Mayor Ferre: Status of Housing Authorities with funding capability, -that was the Governor's baby and I got shot down. Mr. Sisser: Well, he shot us down so I don't know why we should.. Mayor Ferre: Well, but it is not his, it helps us too...rapid transit. What is your Wish? Come on... 118 DEC 161976 Mt, Plummer: The only thing that I want to get included is the money fo't the allocation for the Alcoholic Program: Mt, Grassie: Commissioner Plummer's point-- that he wants the State to fund the Alcoholic rehabilitation program to the extent that they pledge to do soitething is included in number one. Mayor Ferre: All right, gas, tax return, double taxation.. I tell you, that, that really ought to be a number one priority. Mr. Sisser: Double taxation? The City Attorney will draft the legal wording and I'll get the Bill introduced. Mayor Ferre: Look, I'm for all these things but I would say that double taxation is one, tax increment is number two...fiscal responsibility is number three and... -No, ...I guess the Trade Fair ought to be number two... Those four things will be vital. Mr. Grassie: Rapid Transit? Mayor Ferre: What about Rapid Transit..that's really not our affair. Mr. Sisser: I would assume under the precendent set by City of Miami and Ron Silver that this is an implied contract? Would I be assuming correctly?..(LAUGHTER) Mr. Grassie: But only for a month, right? (LAUGHTER) (INAUDIBLE COMMENT) 98, BRIEF DISCUSSIC MIA: LETTER RECEIVED FROM CESAR LA NbNACA, CITY OF MIIAMI BAND DIRECTOR, Mr. Plummer: Mr. Mayor, before you run off, may I bring up just one more point and I'll just turn it over to the Manager and ask him to try to do what he can. I got a letter from Cesar La Monaca. The program has been cut back tremendously for this coming year. Mr. Manager, I do not know if you have ever attended one of the concerts down there but I think it is on an on -going basis one of the best attended things that we have going, and I think that if there is any way possible, we should try to reinstate it ...as much of that as we can...And I wish you all a Merry Christmas and a Happy New Year. ADJOURNMENT: There being no further business to come before the City Commission motion duly made and seconded, the meeting was adjourned at 7:45 P.M. ATTEST: RALPH G. ONGIE City Clerk NATTY HIRAI Assistant City Clerk 119 MAURICE A. FERRE Mayor DEC 161976 ITEM N0. 10 11 I1'Y OF MAMI DOCUMENT E DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE ARCHITECTURAL FIRM OF FERENDINO, GRAFTON, SPILLIS, ENGINEERS PLANNERS, FOR PROFESSIONAL SERVICES PROVIDING FOR THE ISSUANCE OF $25,000 HOUSING BONDS OF THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER TO AMEND THE PRO- FESSIONAL SERVICE AGREEMENT WITH THE FIRM OF PEAT, MARWICK, MITCHELL AND COMPANY, CERTIFIEC PUBLIC ACCOUNTANTS. AUTHORIZING PAYMENT OF $11,366 TO PENNEKAMP INSURANCE AGENCY, INC. FOR RENEWAL OF THE CITY'S BOILER AND MACHINERY INSURANCE COVERAGE THROUGH THE MARYLAND CASUALTY COMPANY. RECOGNIZING THE FIRM OF EDWIN H. COLE, C.L.U. & ASSOCIATES, INC. AS SERVICING AGENT OF EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITEI STATES FOR THAT CARRIER'S GROUP, LIFE AND HEALTH INSURANCE COVERAGE OF CITY OF MIAMI EMPLOYEES. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LOWE ART MUSEUM, UNIVERSITY OF MIAMI, FOR THE PURPOSE OF SUBCONTRACTING THREE (3) C.E.T.A. PUBLIC SERVICE EMPLOYMENT POSITIONS TO BE FUNDED THROUGH C.E.T.A. ALLO- CATION. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMFNm WITH THE DADE COUNTY NATIONAL FOUNDATION MARCH OF DIMES AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE. APPROVING PAYMENT OF THE COST FOR A REQUIRED PRELIMINARY ARCHEOLOGICAL AND HISTORICAL INVESTIGATION AT THE CITY'S DOWNTOWN CONVEN- TION CENTER SITE BY THE STATE DIVISION OF ARCHIVES, HISTORY AND RECORD MANAGEMENT. ACCEPTING PHASE II, STAGE A (DESIGN DEVELOP- MENT) OF THE WORK BEING ACCOMPLISHED BY THE GROVE GROUP UNDER ITS CONTRACT DATED APRIL 9, 1976 WITH THE CITY FOR REDEVELOPMENT AND MODERNIZATION OF DINNER KEY AUDITORIUM MEETING DATE: December 16, 1976 COPISSION ACTION R-76-1103 R-76-1104 R-76-1105 R-76-1106 R-76-1107 R-76-1110 R-76-1111 R-76-1112 R-76-1113 R-76-1115 RETRIEVAL CODE NO. 0099 76-1103 76-1104 76-1105 76-1106 76-1107 76-1110 76-1111 76-1112 76-1113 76-111: DOCUMENTi N DEX ; TEM NO. 12 13 14 15 16 17 18 19 20 21 22 23 24 C DOCUMENT IDENTIFICATION AUTHORIZING '1HE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE ADVENTURES YACHT & SAILING CLUB, INC. FOR THE OPERATION OF THE SAILBOAT RENTAL CONCESSION AT DAVID T. KENNEDY PARK. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF MIAMI FOR USE OF THE ORANGE BOWL STADIUM FOR THE UNIVER- SITY'S HOME VARSITY FOOTBALL GAMES. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUBSCRIPTION AGREEMENT WITH SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY FOR EQUIPMENT AND SEP.VICES AT THE CITY LAW DEPART- MENT. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SOUTHERN BELL AND TELE- GRAPH COMPANY. ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMED BY EBSARY FOUNDATION CO. AT A TOTAL COST OF $76,660.76 ACCEPTING THE COMPLETED CONSTRUCTION WORK PER. FORMED BY METRO CONTRACTOR CO., INC. AT A TOTAL VOST OF $115,598.22 FOR THE DOUGLAS PARK-IMPROVEMENTS-1976 ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMED BY BISCAYNE CONSTRUCTION, INC. AT A TOTAL COST OF $36,700 FOR THE ORANGE BOWL -WATER MAIN IMPROVEMENTS-1975 ACCEPTING THE COMPLETED CONSTRUCTION WORK PERFORMED BY GARCIA EQUIPMENT CORPORATION AT A TOTAL COST OF $3,842 ALLOCATING THE AMOUNT OF $3,000 FROM THE AC- COUNT ENTITLED "CAPITAL IMPROVEMENT FUNDS - UNALLOCATED FUNDS" FOR PURCHASE OF MATERIALS AND TIIEIR INSTALLATION. ALLOCATING THE AMOUNT OF $3,000 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" FOR THE PURCHASE OF MA- TERIALS FOR CONSTRUCTION OF A RIP RAP BULK- HEAD AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $5,000 FOR THE BELCHER PROPERTY -PARK DEVELOPMENT AUTHORIZING THE CITY MANAGER TO PERMIT DADE COUNTY TO OBTAIN 50,000 CUBIC YARDS OF FILL FROM THE CITY'S VIRGINIA KEY STOCKPILE ACCEPTING THE PLAT ENTITLED COMET SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI C bf1MiO N ACT1PN R-76-1116 R-76-1117 . R-76-1118 R-76-1119 R-76-1120 RETRIEGAL CODE NO. 76-1116 76-1117 76-1118 76-1119 76-1120 R-76-112L 76-1121 R-76-1122 76-1122 R-76-1123 R-76-1124 R-76-112E R-76-1126 R-76-1127 R-76-1128 76-1123 76-1124 76-1125 76-1126 76-1127 76-1128 DOCUM 25 26 27 28 29 30 31 32 33 34 35 36 37 Ale NTINDEX ACCEPTING TIIE PLAT ENTITLED ANON SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED MORA TRACT, A SUBDIVISION IN THE CITY OF MIAMI AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO ACCEPT THE COVENANT RUNNING WITH THE LAND, DATED NOVEMBER 4, 1976, FROM THE STUDIO SHOPPING CENTER, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE EMPLOYMENT OF LABOR LAW COUNSEL WITH THE LAW FIRM OF SEYFARTH, SHAW, FAIRWEATHER AND GERALDSON FOR A PERIOD OF ONE YEAR. ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXE- CUTED BY MUTUAL OF OMAHA INSURANCE COMPANY URGING THE METROPOLITAN DADE COUNTY COMMISSIO TO EXPEDITE THE CONSTRUCTION OF THOSE STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THEIR "DECADE OF PROGRESS" BOND ROAD PROGRAM GRANTING CERTAIN EXTENSIONS IN PERMITTED HOUR' OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHO- LIC BEVERAGES DURING THE CHRISTMAS AND NEW YEAR HOLIDAYS. REAPPOINTING COMMISSIONER ROSE GORDON AS THE CITY OF MIAMI'S MEMBER ON THE COMMUNITY AC- TION AGENCY ADMINISTERING BOARD. CONFIRMING THE ELECTION OF JAMES COX, AS SE- COND REPRESENTATIVE OF THE CITY OF MIAMI PO- LICE OFFICERS. AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN THE SUM OF $45,000 FROM THE STATE OF FLORIDA, DPEARTMENT OF COMMUNITY AFFAIRS, FOR THE CITY OF MIAMI'S CHILD DAY CARE PROGRAM AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPLITAN DADE COUNTY, THROUGH THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES. ESTABLISIHING GREENS FEES FOR THE UNIVERSITY OF MIAMI-WOMEN'S INTERCOLLEGIATE INVITATION- AL GOLF TOURNAMENT TO BE HELD FEBRUARY 5, 1977 GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE FOR THE USE OF DINNER KEY AUDITORIUM ON JANUARY 30, 1977 FOR A LUNCHEON MEETING SPON- SORED BY MUNICIPALITIES OF CUBA PERSONNEL. ALLOCATING $650 FROM THE SPECIAL COMMUNITY PROGRAMS BUDGET TO THE DEPARTMENT OF OFF- STREET PARKING TO PROVIDE FOR THE USE OF GUSMAN CULTURAL CENTR ACTION R-76-1129 R-76-1130 R-76-1131 R-76-1132 R-76-1133 R-76-1134 R-76-1135 R-76-1136 R-76-1137 R-76-1138 R-76-1139 R-76-1140 R-76-1141 R-76-114' 76-1129 76-1130 76-1131 76-1132 76-1133 76-1134 76-1135 76-1136 76-1137 76-1138 76-1139 76-1140 76-1141 76-1142 DOCUIVIENT.i N DEX CONTIN TEM NO. 39 40 41 42 43 44 45 46 47 48 49 50 DOCUMENT IDENTIFICATION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEJANDRO RIZO AND HIS ATTORNEYS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $3,964,52 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MORTON FROMBERG WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OR $17,500.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES. AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $275.00 IN FULL AND COMPLETE SET- LEMENT IN THE CLAIM OF THE CITY OF MIAMI VER SUS OSCAR B. OSORIO AND INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY AUTHORIZING THE CITY MANAGER TO SETTLE THE CLAIM OF MS. SUS BELCHNER OF DISCRIMINATION IN EMPLOYMENT BY THE CITY OF MIAMI, PENDING WITH U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ACCEPTING THE BID OF C.A. DAVIS, INC. IN THE PROPOSED AMOUNT OF $36,250 FOR THE DOWNTOWN HANDICAP RAMP PROJECT B-4404 ACCEPTING THE BID OF O,M. SCOTT AND SONS FURNISHING GRANULE FERTILIZERS TO THE DEPART- MENT OF PARKS AND RECREATION AT A TOTAL COST OF $14,968.40 ACCEPTING THE FOLLOWING BIDS FOR FURNISHING THE PARKS AND RECREATION DEPARTMENT WITH EQUIPMENT. ACCEPTING THE FOLLOWING BIDS FOR FURNISHING TREES FOR BAYFRONT PARK TO THE DEPARTMENT OF PARKS AND RECREATION AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO JAMES SHEFFIELD PERMITTING IHIM TO COMMENCE DOING BUSINESS UPON FULL COM- PLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO GENERAL HAULING SERVICE, INC. PERMITTING IT TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO LA FE TRASH & WASTE SERVICE n710 N R-76-1143 R-76-1144 R-76-1145 R-76-1146 R-76-1147 R-76-1148 R-67-1149 R-76-1150 R-76-1151 R-76-1152 CODE NO. 76-1143 76-1144 76-1145 76-1146 76-1147 76-1148 76-1149 76-1150 76-1151 76-1152 R-76-1153 76..1153 R-76-1154 76-1154 dell DOCU MENT•I N D CONTI UED TEJ4 NO. DOCUMENT IDENTIFICATION 51 52 53 54 55 56 57 58 59 60 AUTHORIZING THE ISSUANCE OF A WASTE COLLECTIO LICENSE TO MILLO TRASH SERVICE PERMITTING IT TO OWITHCE DOING CHAPTER 20SOFESS THEUPON CODEFOFLCOMPLI- ANCE CITY OF MIAMI AUTHORIZINGTHEBROTHERSWASTE COLLEC- TION ALONSO TRASH TIONSERVICE ION AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO SANITASTE SERVICESAL CORPORATIONON, DIVISION AUTHORIZING THE ISSUANCE OF A WASTE COLLICTTON LICENSE TEEERVICESANITATION CORPORATIONSERVICES, DIVI- SION OF SANITAS GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON JANUARY R�IACISTAND EICENSE977 FOR EXAMINATDONSISTRA- TION OF PHA PLEDGING THE CITY OF MIAMI'S CONTINUED SUPPORT OF THE PRINCIPLES OF NATIONAL CON- GRESS ON VOLUNTEERISM AND CITIZENSHIP AND THE CITY'S CONTINUED WILLINGNESS TO DO EVERYTHING II�TS PAROWETICIPAOTIONENCOURAGE ITS CITIZENS SUP- PORT THE ACTV IN SHAPING THE COMMUNITY'S FUTURE SUPPORTINGTBANKCONCEPT THEODOWNTOWNLOCATING GOVERNMENT FEDE- RAL RRESEERVV E CENTER ALLOCATING TEOGENERALFROM FUNDTHE FORCONTINGENCY INCREASE ACCOUNT OF H OF $100.00 TNETCIVIIENSERVICESALARY BOARDAID TO MEMBERS OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A AGREEMENT WITH BYUNIVERSITY DEPARTMENTjiKNOWN ASICAGO R THE PERFORMANCE, THE INDUSTRIAL RELATIONS CENTER. ACCEPTING THE MATHE MANAGERAGER REGARDING BUDGETREDUCTIONS FOR -77, AS SET FOTH FISYL YEAR 'S6INITIAL REDUCTIONSITOTTHE "CITYHE MANAGER'S 1976-77 BUDGET ESTIMATE, DECEMBER 10, 1976" R-76-1155 R-76-1156 R-76-1157 R-76-1158 R-76-1159 R-76-116 R-76-116 R-76-116 R-76-116 R-76-116 III 76-1155 76-1156 76-1157 76-1158 76-1159 76-1160 76-1162 76-1165 76-1166 76-1167