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CC 1980-11-26 Minutes
COMMI:.D-410N 7 1..� f' i G MIN- TE4 OF MEETING HELD ON November 26, 1980 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK ITEM N0, 1 2 — 3 4 �.. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 m I�R CITYNISSIbrMI AFTFU)RIM (REGULAR) SLUff NOVEMBER 26, 1980 9 p�I NANCE (� RESOLUTIav too, PAGE N0, STATEMENT BY MAYOR FERRE REGARDING THE INSURANCE EXCHANGE DISCUSSION 1-2 BOOZ-ALLEN-HAMILTON PRESENTATION FOR RESTRUCTURING OF THE FINANCE DEPARTMENT; APPOINT COMLIISSIONER PLUMMER AS COMISSION LIAISON TO THE BUDGET COMMITTEE ON AN INITIAL BASIS, ETC. M-80-837 2-11 CURRENT STATUS REPORT -POLICE RECRUITMENT DISCUSSION 11-14 DISCUSSION OF REQUEST FOR PROPOSAL FOR CABLE TELEVISION DISCUSSION 14-34 ALLOCATE $1,800.00 TO LEAGUE AGAINST CANCER FOR PROMOTION M-80-838 35 DISCUSSION ITEM: MANAGEMENT AGREEMENT-MIAMARINA NEW WORLD MARINAS INC. DISCUSSION 36-38 DISCUSSION ITEM: RENOVATION OF DOCKSIDE RESTAURANT- MLA.MIARINA DISCUSSION 38-39 DISCUSSION ITEM: MANAGEMENT AGREEMENT -DINNER KEY- BISCAYNE RECREATION,INC. CONTINUED LATER THIS SAME MEETING DISCUSSION 39-42 RENAME DIXIE PARK IN HONOR OF THEODORE R. GIBSON R-80-839 42 ELECT THEODORE R. GIBSON VICE -MAYOR OF THE CITY OF MIAMI R-80-840 43 PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS DISCUSSION 45 BRIEF DISCUSSION AND Tr PORARY DEFERPAL OF PEQUEST BY MIA -MI FOOTBALL LEACCF FOR SUPPORT TO HANDLE FOOTBALL DISCUSSION 46-47 IN OVERTO'w'N AREA. EXTEND HOURS FOR LIQUOR STORES ON SUNDAYS FOR DECEMBER M-80-841 47 MOTION OF INTENT TO GRANT 10C INCREASE FOR JITNEYS (SEE LATER ORDINANCE SAME MEETING) M-80-842 47-48 DISCUSSION OF HELICOPTERS FOR POLICE USE AND ALLOCATE $9,000.00 FOR CERTAIN ITEMS NECESSARY FOR IMPLEMENTATION OF "POLICE HELICOPTER PROGRAM" R-BO-843 49 - 52 DISCUSSION OF F.E.C. PROPOSAL FOR USE 01' OLD PORT PROPERTY AND DLCLAld_ HOLDINC OF PUBLIC HEARING ON — DECEYBEI: 17 M-80-844 53-64 PERSONAL APPEARANCE: ED LONDON-ALTERNATIVE HOUSING CORPORA710N PROJECT DISCUSSION 64-69 CON"T1NUED DISCUSSION OF REQUEST FOR PROPOSAL FOR CABLE TELEVISION DISCUSSION 70-74 FIRST r_'.' ` SECOND' READING ORDINANCE: INCREASE FEES AT CITY AUTO POUND ORD. 9201 74-75 ADOPT ORL'GON PLAN CONCERNING CABLE T.V.; DIRECT CITY MANAGER THAI PRIOR TO AWARD OF LICENSES THAT A FULL FINANCIAL AND OWNERSHIP DISCLOSURE BE MADE BY THE SUCESSFUL-BIDDEI; DIRECT CITY MANAGER TO MAYS LIST OF ALL MATTERS RELATING TO CABLE T.V. DISCUSSES BY COMMISSION M-80-845 M-80-846 75-76 IKEX CITY5ISSIaJ OFMIAMTg& I DA PAGE P 2 f7"1 Ida (REGULAR) SMCT NOVEMBER 26, 1980 DINANCE n-SONjGy01 No PACE NO EMERGENCY ORDINANCE: STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14 ORD. 9202 77-78 22 AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT: - PSYCHOLOGICAL SERVICES FOR MEMBERS OF MIAMI POLICE: DEPARTMENT R--8D-847 78 23 EXECUTE CONIRACT: STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN DADE AND MONROE COUNTIES R-80-848 79 24 DEFERRAL OF CONSIDERATION OF CABLE TELEVISION SYSTEMS DISCUSSION 80 25 DEFERRAL OF CONSIDERATION OF CRIME CONTROL ORDINANCE DISCUSSION 80 26 FIRST AND SECOND READING ORDINANCE: BURGLAR ALARM ORDINANCE ORD. 9203 81-84 27 DENIAL. OF AWARD OF CONTRACT FOR ADVERTISING SERVICES FOR RECRUITMENT OF POLICE OFFICERS - DIRECT CITY - MANAGER TO ADVERTISE AND SUBMIT FIRMS M-80•-8-9 85-92 M-80-850 28 EMERGENCY ORDINANCE: OPEN AIR SALES AND HOSPITALS (FLEA MARKET AT THE SHELL CITY SITE) DISCUSSION 92-94 29 RENEWED DISCUSS10N OF RECRUITMENT OF APPLICANTS FOR POSITION OF POLICE OFFICER -ON ADVERTISING DISCUSSION 94-95 30 AUTHORIZE AGREEMENT WITH MARINE STADIUM ENTERPRISES, INC.--LEASE AND OPERATION OF PARCEL B (DINNER KEY _ MARINA) R-8C-851 95-103 M-80-852 3i EMERGENCY ORDINANCE: AMEND ORDINANCE 6871-ARTICLE XV-1 SECTION 2 (57) (k) (1) TO PERMIT OPEN SALES AND - HOSPITALS ON CONDITIONAL USE APPROVAL IN C-4A (BOULEVARD COMMERCIAL) ORD. 9204 105-106 32 EMERGENCY ORDINANCE: CHANGE ZONING CLASSIFICATION — BLOCK BOUNDED BY: N.W. 6 COURT AND 7TH AVENUE FROM C-4 AND C-1 TO C-4A (BOULEVARD COMMERCIAL) ORD. 9205 106-107 33 EXECUTE AGREEMENT: BISCAYNE RECREATION DEVELOPMENT " COMPANY MANAGEMENT OF DINNER KEY MARINA R-80-853 108-114 34 COMI.4NCE NEGOTIATIONS WITH SEA ESCAPE OF MIAMI.INC. FOR LEASE OF PARCEL "A"-MIAMI MARINE STADIUM R-80-854 114-126 35 EXECUTE 2 MONTH EXTENSION OF AGREEMENT -CONSTRUCTION _ MANAGEMENT MIAMI. CENTER ASSOCLATES,INC. R-80-855 126-130 36 INCREASE SCOPE OF TURNKEY CONTRACT AND AUTHORIZE PARKING GARAGE TO BE BUILT AS DESIGNED BY I.M. PLI R-80--856 130-152 37 ALLOCATE ADDITIONAL FUNDS N.T.E. $200,000 FERENDINO, GRAFTON, SPILLIS, CANDELA, ARCHITECTS -ENGINEERS - PLANNERS -CONVENTION CENTER R-80-857 152 3b NEGOIIATE AMENDMENT; EXISTING AGREEMENT-FERENDINO, CR4FTON, SPILLIS, CANDELA -DESIGN OF INTERIOR SPACES. - CONVENTION CENTER R-80-,858 153 39 APPROVE AGhEE ENT: WILBUR , SMIT'h AND ASSOCIATES, INC . PROFESSIONAL DESIGN b CONSTRU0 1 N OF PROPOSED 115WNTOWN GOVERNMENT CERTER PAR110 PROJECT R-80-859 154 IT91 NO, 40 41 42 43 44 45 46 47 48 49 50 51 52 52.1 52.2 52. 3 52.4 52.5 53 CI4l I SS I QiJ llAl �RI laA (REGULAR) SLULCT NOl'EMPF:R 26, 1980 APPROVE AGREEMENT: JAMES J. LOWERY, INC.-FINANCIAL ADVISORY SERVICES -PROPOSED DOWNTOWN GOVERNMENT CENTER PARKING PROJECT APPROVE AGREEMENT: KIMLEY-HORN AND ASSOCIATES,INC. FEASIBILITY STUDIES IN CORE AREA WEST. EXECUTE AGREEMENT: DOWNTOWN DEVELOPMENT AUTHORITY RE -USE DEVELOPMENT STUDY OF MUNICIPAL AUDITORIUM- BAYFRONT PARK PROVIDE FINANCIAL ASSISTANCE TO 6 NEIGHBORHOOD DEVELOPMENT AGENCIES -START UP: ECONOMIC DEVELOPMENT PROGRAMS I ALLOCATE $200,000 6 YR. C.D. FUNDS ECONOMIC ADJUSTMENT ASSISTANCE GRANT: BONDS/LOANS MINORITY CONTRACTORS PURCHASE IN LIEU OF CONDEPLNATION: 7 LOTS ZONED R-3 N.W. 15 AVENUE BETWEEN 57TH AND 58TH STREETS TRANSFER RIGHT OF WAY ON CORAL WAY-S.W. 13TH STREET - S.W. 3RD AVENUE AND S.W. 22 STREET TO STATE OF FLORIDA RESCIND AWARD OF CONTRACT: AERO PRODUCTS,INC. FOR 3 CUSTOM RESCUE AMBULANCES AND DIRECT CITY MANAGER TO READVERTISE CLAIM SETTLEMENT: J. TILLMAN PEARSON DEFERRAL OF APPOINTMENTS TO THE. ZONING BOARD AND THE ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENT HEALTH AND HAPPINESS TO ISAMU NOGUCHI ON HIS 76TH BIRTHDAY SECOND READINf. ORDINANCE: AMEND SECTION 56-22 OF THE CODE-APPLICA"..ION FOR CERTIFICATE; FEE FILING OF INTENT TO APPLY -CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY CONSENT AGENDA AUTIIORIi;E INCREASE IN WORK-L.G.H. CONSTRUCTION CORP, FIRE STATION NO, 14 BID ACCEPTANCE-D.M.P. CORP.-WESTERN DRAINAGE PROJECT E-50 BID ACCEPTANCE-P.N.M. CORP. FOR CENTRAL DRAINAGE PROJECT E-49 AUTHORIZE AGREEMENT WITH MIAMI-DADE WATER AND SEWER AUTHORITY FOR CONSTRUCTION OF SANITARY SEWAGE FACILITIES -CONVENTION CENTER PARKING GARAGE BID ACCEPTANCE-FRISA CORP.-COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE III SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND- "302-EDA PLANNING GRANT11 AND URBAN STRATEGIES PROGRAM" PAGE # 3 rI WCE sow,riaN No, PACE NO, R-BO-860 R-80-861 I R-80-862 R-80-863 R-80-864 R-80-865 I R-80-866 R-80-867 R-80-868 DISCUSSION R-80-869 I ORD. 9206 R�80-870 R-80 871 R-80-872 R-80-873 R-80-874 ORD. 9207 155 155 1 156 157 157 158 1 159 159 160 160 161 161 162 162 162 162 163 163 163 Ifi,D( ANISTIONflAFFIDRIL4 fi y FIRST AND SECOND READING ORDINANCE: AIMEtiT) SECTION 22-13 OF THE CODE: "WASTE DISPOSAL FEES". FIRST READING ORDINANCE: CREATE CODE ENFORCEMENT BOARD FIRST AND SECOND READING ORDINANCE: AMEND SECTION 40-19 "PURPOSE AND APPLICABILITY OF ARTICLE" EXTEND BENEFITS OF SYSTEM OF FEDERAL OLD AGE AND SURVIVORS INSUR.:Y:ICE DECLANE RESULTS OF CHARTER AMENDMENT ELECTION HELD NOVE: U3l it 4, 1980 AUI HORI'ZE CITY MANAGER TO ENTER INTO AGREEMENT: METROPOLITAN DADE COUNTY -POWER TRACT STATION SANTA CLARA-TR.kNSIT STATION FIRST READING ORDINANCE: REQUEST FOR REVIEW OF THE CODE BY PROVIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS RESCHEDULES BEFORE THE CITY CO'TMISSION CITY MANAGER'S REPORT ON RECENT CO5DIUNICATION FROM CHALK AlFlINES CITY MANAGER'S REPORT ON CITY SAVINGS FOR FY 80--SI: (A) INVESTIGATE CONTRACTURAL SERVICE FOR CITY DAY CARE; CENTERS (B) INVESTIGATE POSSIBLE LEASE OF MLAMI SPRINGS WLF COURSES (C) INVESTIGATE POSSIBLE REDUCTION OF TRASH PICK- UPS (D) DEFER PURCHASE OF COMPUTER WARE FOR 1 YEAR .1OT10N TO GRANT DECEMBER 26TH AS HOLIDAY (MOTION FAILED) INSTRUCT CITY MANAGER TO SEARCH FOR NEW LOCATION FOR ANTONIO hACEO (DOMINO)PARK IN THE LITTLE HAVANA AREA RECOMMEND ESTABLISHMENT OF HOSPITAL FACILITY AT THE OLD SHELL CITY SITE MISCELLANEOUS DISCUSSION: TAXI SAFETY DEVICES/ COMPUTER BREAKDOWNS AT M.P.D. MEDIA PARKING IN LOADING ZONES IN THE DOWNTOWN AREA COMPUTER BREAKDOWNS AT M.O.D. ALLOCATE $1,200 PLUS MEAL EXPENSES FOR PERSONS TO TRAVFL TO INSPECT SITES OF DOWNTOWN PEOPLE MOVER INSTALLATIONS FIRST AND SECOND READING ORDINANCE: AMEND SECTION 56-55 OF THE CODE: INCREASE FARE FOR JITNEY BUSES TO 60S PAGE # 4 rfVANCE soon! rrt a -A. I PACE NO, ORD. 9208 FIRST READING ORD. 9209 R-80• 875 -, I FIRST READING I DISCUSSION M-8 0-8 7 7 M-,80-878 M-8Ok, 79 DISCUSSION M-80-880 R-80--881 DISCUSSION M-80--882 ORD. 9210 164 165-166 166-167 168 168 169-171 1 171 179-180 181 182 183 184-186 it .yA 188-189 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of November, 1980, the City Commission of Miami, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:12 A.M., by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT WERE: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre R. L. Fosmoen, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. On motion duly made and seconded by Commission, the Minutes of the Special Meeting of September 2, 1980 were approved. (NOTE: Commissioner Lacasa entered meeting at 9:12 A.M ) Vim+ gf�rrTm BY "_'1YOR FFT`r_F, tZT C;T nDI:TC; ^"?T I'1SU?'1�'?C1 E YCFLt,"Gr Mayor Ferre: Good morning, ladies and gentlemen, This is regular City of Miami Commission meeting. Members of the Commission, we have a time constraint problem this morning with Porter Homer —where's Porter? Is Mr. Homer here? Oh, yes. Mr. Homer, we know you have to catch an airplane so we will take, with the concurrence of the Commission item "F" out of turn. Mr. Fosmoen: Mr. Mayor, some months ago we contracted with Booze -Allen to examine a series of operations that the City has, to look at some of the internal operations of the Finance Department, to look at our purchasing systems... Mayor Ferre: Dick, excuse me. But I'll tell you, Bill Gjebere and the Miami News has a deadline and I want Plummer to hear this. He's asking members of the Commission on the question of the Insurance Commission yesterday. Let me explain, that I am not bring this matter before the Commission today because I wouldn't know what to bring before the Commission. (NOTE: Commissioner Carollo entered meeting at 9:15 A.M.) Mayor Ferre: The Chamber of Commer_e, Mr. Plummer, and Father and Mr. Lacasa, has made a series of presentations. The last of which was yesterday when we got to the board, the fourteen (14) member board. I did not make any NOV 26 1980 4 f, Mayor Ferre (continued): statements with recr-:rds to any sums until after when the question period began. At that point, then obviously we had to get into, there were some specific crsestions-,a:ae. 1 made some specific statements that dealt with th^_ matter and I made it very clear in answering Governor Farris Brvant that I was onl}.' ic:r 11c:ae -E and that obviously this would all have to e apDze -,ec] b,- have no doubt that this Commission anti the Coui-,t`.' _:JI C:.:=i_.l. i would do everything within its lower to make sure that if we emh.:r?: u;- n •:r, '.nsurance exchange that it would be successful. We challenged the of thatto the board, and the board itself to tell us what it i": wantt:a before we would arbitrarily answer. i did sa,. that I wokilu .;t_ ,villing to recommend to the City of Miami to do certain things. 11m not • oir.r, to bring that matter up today because, obviously, it is Inuc:L too ._u -1,.". At, the appropriate time I would do that in the futurlike to ask for the City Manager to co < <�unicate througi the Chamber, with the Insurance Exchange Board and get the specific information as soon as possible and bring .it back to the Commis: -ion for discussion at that time. Okay. But I just want to explain that because there seems to be some confusion in the press as to who said what and all that. Excuse me for the interruption. p .- 0 V,0- 2. FI'1A'1C'_ D1::'-� '"MI"'T; r'YPOINT CO "'_'.SSI0' ;^`- i.IAISON TO THE ;3UD(-7' ^ mr, rosmoen: As 1 startea tu ii,.: •:;._Lc ;1.;i:1• . ': i. - i:it.y contracted with boot -Allen t0 d0 an iiI:al''SiL •,f SE'.`� i':.;. CI ;r,:n3 t0 come back with operations of the Finance in which tt:c annual audit is conducted an '_o at rils of information that the City Comn-assion and the s:.af.f receives in terms of accurate financial information:. Mr. Porter Homer is here today to review with you for about twenty (Zr'i nib, tea o sc, outcome of their analysis and to indicate to the l,Oli�1i t>:., t;:e _ _ _-3:11endations that they have for strengtheni..c,, those operations. Mayor Ferre: Mr. Homer, even though you've bo:cn e_re iDefore, let me once again welcome you back as a distinguished ex -Miamian, and of course, a _ respected member of `he consulting community. We're always happy to see Booz-Allen-Hamilton in our community. Mr. Porter Homer: Mr. Mayor, members of the City C.o mis_:ion, thank you very much for that welcome. It is indeed aple& _ur'_ to here in Miami again, particularly as I look at the plungingt.crr.,meter up north which I have to go back to. Mr. Mayor, members or thy. Cc:rrr:ission, Mr. City Manager, members of the City Staff, we ..,ere brc,'.I;',r as been indicated to study certain of your administrative r;ow they bore upon the ability to make rational decisions and th_ problems that you, the Mayor and City Commission, will be Facing in the futu-fie, and the administration be facing in the future, and to a good degree, those centered around Financial questions. As you sue cn screen, the primary objectives that we were to achei.ve in tnv _>tu ;', and you'll also see on point three (3) , that very early or: we came tG ?-". conclusion that you are going to need immediate accounting assi_-Lance Z,_:'.'el.l as an extension of your independent auditors contract in orcir rc, i;e able to close your books for the fiscal year 79-80 in a r.: a:>c;:::a,: c �.�me frame and to complete your independent audit on a reason; :le "r4;:.c:. P.ot.h of which we think were, or would be absolutely 't,- accomplish in terms of your own financial vinr;i� i t, ar,5 _.. terms of your plans to market bonds at the finar.cial So we recommended that additional assistance to your acuni:;i :*..ratic;n which passed U2 ist Mr. Homer (continued): that on to you, and you did, in fact, approve _ that action, I believe, early in September. It was my understanding that program is proceeding to pace now. The recommendation ,.as made not simply to get the books closed and to complete the independent, audit,bllt also to correct certain deficiencies that we found early on in the study which had to do with the kinds and numbers of personnel 17. '.ile ;'ina::ce Department, and particularly the Accounting operation whi. _ ;1 wi l 1. ;iavt tc., be, corrected by one means or another, or you will :nave a r_ Ii:,,tal;t rompet_t ion of this shortfall of performance. We also round c o-i-gain r.)roc,_<durEes that need to be corrected and certain schedules for r_i<>si:!,j various accounting schedules which were not beinq done, primarily of a lack of personr.el and a lack of diriF.'t'lon. i.ridlCati.c7 t0 the aclmin]stratlon and we believe and t:nd,?rstand that they are takinu to follow through on this. That it is absolutely essential that tnese corrections be made to set up the viability and accuracy of youir a:countitTg and _ financial operations. I have to sa,;• t , 'Zou at his time that the finance operations have '_een allowed over a perloa or ti;IlE , app arC:n"A'"', to deteriorate, th:iL there is a general la- eness ir. the repots that are put forth n,] we believe anrl we r ecomtrierd to :,'ou that you iilU^it take corrective St.c1; in order to ;:rot ect t;;F v.la!J l it`,' ctr ai 1 c1 f 'JOUr City opera tir-)Tis. One of cur i.rst Bart Of our was t(-) look at your a']dit procedures and proaraIr-s. Ana bass all;: , y,-'L] seeup there what our findings were with respect to yollr E_xistinc lri,_raT,:: for a'�idl.t progra.mS. When we sa;' that ,-our independent. audit }ir(; EC1i]rE:S are outmoded, this refers not: to the work done by your lnd"t P_r df r,t riuditvr, hut to the procedures that `!Ol] are using and have been usin(j to receive this service from your independent auditors. I think that it is important to point out that the audit is recognized as tort of a seal of a]pplovai, a good house seal of approval, if you will, of V(-)Ur finan,_�lal operations, and as such, it is an important element or LiiC ,e!;e1"al 3L p1 Uvia1. that VOu get from the financial community and from yo"12: general tax i:ay�.na public. That's why the audit function is so in-q-X-)rtant. if You '.)::'t have that seal of approval you are going tc have i1ifficu,i i ilialicil y _Ur operations and marr;eting new bonds to keels up wit1. ycur improvement program. ;i0 `1:ere f ore , we have submit l-ed a Ii :iii:)l:?: of f 1n,:i nUs which I'll get to ]li ,Ust: a minute. By way of btiCkal-OU11111, VULI riUs-t undurt.tand that there are a whole set of forces at work nati.or:ally, , a!id l-articularly in Washington, 7.C., that bear on this c,uestior. c!f indt_r:,endent audit operations. Without getting into all of the details, basically the forces are for nutting you, as a r.ublic agenc';, ir; tiie same position as a publicly held private company. The same as ,i Seers, the same as any other stock corporation. They are going to try to push you as a public a k�ncy into the same kind of audit rtc,uirement.::, as t1nat private corporation. In addition to that, the rating agencies, 11,00dy's people who have just been down here, the other rating agencies that rate your municipal bonds are going to be looking more and mere to your independent audit to help them arid guide tt;em in stir.: your bonds. And if you have too many exceptions in that independent audit report, you're going to end up paying for it in extra points on thcit interest rate on your bonds, if you can even get your bonds at all. So that is another reasonsthat it is important for you to have rnore ar:d better kinds of audit I.rccedures here in the future. There is also a very strong move on from the profession, the accounting professior,, the SEC. and from other agencies to impose standards of accounting and aucitiny on local governments. All of these things come to he-ar on you as well as other L-cal governments but I think they're particularly important to a !'ianii which is still growing, which has very large- capital improvements plans, plans to go into the financial markets frequently in thtf future:. So thirufore, we think you must build you financial operations, ar,d that you must improve your independent audit procedures. Your finar,:ial nperations need to be built back to a bed rock of integrity and accurac}' as a basic fundamental for your credibility with your general public and with the financial _ markets. The recomriendat ions that wt� have made to rt .i 1 i z e this improvement call first. for enactment of legislation and appoointmt=nt by ,you, the Mayor and City Commission, of ar, advisor, audit committer:. This would be committee that would consist of citizens as well a,: menihers of the administration and of the City Commission, to oversut the independent audit operations and to report to you and to give you and the general public a birds -eye, unbiased view of what is going or, in this operation. 93 tot Nov 2 E 1�80 Mr. Homer (continued): This is a paralel to tre c,itsiders audit committee that is being now set up in most private companies. what we've done here is to try and make a recommendation. that wl l i in this a public operation. I would emphasize that this woula i:e an advisory committee. I do not think this i'`a;:'OY c:nCi IG:IIG.S£1G;' can rEiincuish its responsibilities for finances. >>ut i" tai: i cci:-. ,_hail itself of a group of outstanding, highly quali`ic-,i, `ir.:;-.i,j_1- ;,nowledgeable people to help and adviQe and guide in this i-;. -c r:_a:: _ ,3.-ua. Lecondly, we would recommend that you take your present in'.=<_.:.__ udit division and make it a separate department within the to give it the stature and independence that it should 'iavc . I ::;c: _il:i in one way or another be reporting to the City Manager ut it ;i;'..;d be as independent as possible to carry out that audit functio,-_ t: also would recorxnend that in your future audits that you :_ome into those a requirement that the future standards that will ibe promulcatec Yy the American Institute of Certified Accounts and h, the national council on governmental accounting be used as guideline; _ the standards to be met in your independent audit. we also that N.rou have quarterly audit reviews, closing if .ro_;%cur independent auditors. This will again paralei the coma:.o. i:r,=_tip_ the private buisness world. It will also, in my opinion, be assistance to you in marketing your bonds. You wil_-1 have_ c-u r:=r.t .res that will be very close to any sales date that will i,e vc:ri: 1t ,_1 it an onyoing basis by an independent auditor and I'm sure that ti;1.3 will -s.tr ncth+_n your bond position in the market greatly. =in.,li.,1 would come back again to the matter of personnel. in the Fin ariCe er art ; t:` I urge again that you build up that personnel in to=-: F ;u,a; it a..r numbers to be able to respond to these ne';; u, your basic operations to a level or accuptac•lilt. a: c ,._ .: ti a Ail generate confidence not on!,, in your uwn gill: i.ut �.. r;ie ;xmd market and financial houses of the count.r•:. .-.rea of study that we would look at was the general -area nr' _,n:. the flow of information, within the administration and zrl._- City Commission on which you make basic every day decisions. Y,._' - ,> there or. the screen our basic findings. There's two of ti;o:;e that _ particularly would want to emphasize at this meeting this mornintl. one as that there is, in our opinion, a lack of useful timely financial data at all levels of the administration under the present- setup. You yours,_iIvcs as the Mayor and Commission do not receive, in our cl—ii:,n, t,-:e k_nLs of information that you should have to make reasoner judgments and policy judgments in the exercise of your respcnsibilities as Commissioners. We think at the same time the sys`e:< <ui:s to produce the kinds of information that the City Manager and i;i_ s--a-Ff, , and ever, the department heads ought to have. We also think t•r.a': .ou need to have a system which will link this financial data with p•r--ormance data so that you can start getting to a cost of service ;-erfornarce in your judgments that you are going to have to make in -.ne four:, fcr the City of Miami. Could you hand these out to the ;.lease. We have a number of recommendations to make rec:ardinq --hc flow of information within the system, and in addition. to ;at or, the screen, I'm handing out to you, the Commission, ;;omt for.-•,s t`.ar I will be talking about on this matter also. First, one of the thing; we would recommend is that the Mayor and City Commission be providu'(,n a regular basis quarterly financial data which would c;ivc vnu .-:r. u•x9ate of where you stand financially with...in comparison t,_; expecte_income and expenditures. One of the forms that we've na.rded out to you �s a kind of quarterly financial report which we thin,}: ou .=...~,. u,i h,,- receiving. The numbers in their are ficticious. They arc. made ,'ashington which should not induce very much confidence. Taut t'hc• for-•:.r, the kinds of information is what you should be having pre:senrt-d tc you cn a quarterly basis by the City Manager, in our opinion. }:ind o- information, we doubt that you can he adec,;atel; advi o. yosr financial situation. Basically what this dr)e_ i_s to c..,, :_-e a;aicipated revenue collections with actual revenue collar: t:_:; thu first quarter of a year. And it also compares anticir;at,.: (_—xper., itures with actual expenditures for the first quarter o` a then sets forth what problem areas there may e: ist :i,nd wn:.r a.tlon be taken. We would recommend that a system be installed which i:.akes possible to 04 ist NOV 2 6 1980 Mr. Homer (continued): have these kinds of reports coming to you regularly on a basis that advises you of this kind of information. We would suggest that the City Manager, the Assistant City Managers, directors of departments and divisions should be given comparable financial data on a monthly basis. We would suggest that you authorize the establishment of a quarterly expenditure and revenue estimates as well as controls. One of the other forms that I have passed out there is a form which shows how a budget, once it has been adopted by the mayor and City Commission... should be in there. It isn't? My mistake. I apologize. what this form does is to tal�,e vour annual appropriation and break it into quesrters, quarterly allotments, on the basis of anticipated real expenditures, in this business of public operations, you very seldom expend your monies one quarter at a time or one twelveth at a time by the months. You have ups and clowns you have seasonale requirements, and these need Lo !�e built into a spending plan so that y(-u can actually check your progress against those anticipated plans. With this kind of a form, that kind of planning can be done, You can be advised, Lhe City Manager and his staff can be advised to how actual experience is progressing in comparison to those plans. We also would recommend that your present method of exr,e;idi turn ::7 ;)ntroi which is a line ite; control be relaxed to the point of control.linq only to major characters. Personal. services, oiJerating expenses, capital out lay rather than to each one of the line item shown on this exhibit that we have just passed out. This will provide more flexibility but then we would recommend that you control expenditures by quarter which will give you even more control and give you check points and you go through the fiscal year_ And in fact, this ends up giving you better c,.ntrol. and better reporting than you have now. We would also recommend that you, the Mayor and City Commission be provided with bi-monthly performance reports which would indicate how certain basic public _-ervicec are beinq performed in comparison to planned production of ser✓ices. I'd like to pass out now another set of forms an6 reports. Basically what theme do is to set forth the kinds of information which we believe you, thc: Mayor and the City Commission, and the City 'Manager, and deN_irtment heads should be receiving in >ne operation, the police patrol operations. If you lock quickly at that, you will see that the bi-inonthly report to the Mayor an,l City Commission gives you _ivat wry k,asic data, manpower that is authorized, manpower that is utilized, se r✓ice culls, arrests that are made. The report to the City *tanager gives more detail The report to the Police Chief gives even more detail But the basic factor here is that you should be getting this kind of information on a regularized basis and in a regular format and with covering reports which indicate to you how the progress of these various programs is proceeding and whether there were any particular problems that you st-,ould be aware of. We would recommend finally that the City Manager and the Assistant_ City Managers and the department directors receive monthly performance reports and finally, we would recommend to you that this system has to be built up. It cannot just happen over night and that it should be built gradually and put into effect on a operation by operation basis. Another area that we were suplxDsed to look at was the business of resource allocation., of budgeting, if you will. Basically as you can see from the sheet up on the display board, we find that your present systems rely almost entirely on historical data. That you have no basis for validating the accuracy of that data, ttlat yo;i have no way determining whether it, in fact, is a bast practice as far as the methods of producing the service. You are totally reliant on this is what we've done in the past, and so if we're going to do it in the -future, here's how much it's going to cost. I submit to you that this is not a very good way to do business and that in the future with ti;e pressures of financing bearing in on you, you're going to have to get into more of a cost effective consideration. You're going to have: to he able to have information which will answer questions such as what service: level can we offer to the people of Miami at a given expense level? You are going to have to be able to ask the queFtior,s and det answers. Wl;at are the cost options for different service levels? If we want to be able to cut our budc-et and our taxes, what does it mean in tt?_nas or less mowing of our parks, what does in mean of less frequent collects()n of trash, what are the actual cost factors? You cannot qet answers to those questions today because you simply don't have that system built up. We suggest that �-5 ist NOV 4 6 1980 Mr. Homer (continued) : you're going to need it. T::ese arr' our reco„viiendations for the development of a resource allocation it revolves around the concept of validated informs ;ic,n, idated performance standards after study, after careful artalysi.s b a h c;h' v trained Torce in your own department of Management ai;d Budcj,_t. al I (IEr t_C ut:it cost, ds these cost units, performance units ale w..: glints t :ey then should be integrated into your system, you;: .: is a c ,a .2 ,_ :,, •o'.,r budget system, and finally your decision, makir;u =,-=;tc.r . ;_ in order to do that, you're going to have to go through . tzi :, _ _ . ;ie rc has ically are the steps that you would have to go th o._ifjh. _ ... t c;r _curse, would be the decision to go ahead aria get into thi' __;: _ :;: , :'_ :first, then after that, is the basic determinaticn 'Co tr:a.n c,..t; _•1,e.aticns,-analyst _ in your Department of Ianagement and budget i.r: -,;ork analysis skills so that they can provide this -i:ita ':c: v.�u. i't;e;: you would have to install output rel:,artin, and h.la;-,nine' ;,r,vi.de you with this kind of infor-oration on a that these be handed out to the 'filESC '.4 i _ ,.._ ,_,... a_:"._ the _ handouts, I'm sure you' li be glad to know. _:,a-_ =I cates a kind of output anO plannii.y _ o:�rr ;, ti-.a`� ..,. _. .. . -:t -, c.ncc. -'rtese - studies are fir, 1�lac,_. And .. - maintenance crew in i Park roia this that it becvm, s a possibi1 i t-_� _ ar. ., . <.. :. , ._ :„ o :(-f_xOrt; the actual work units done, ai:c have ci _.a > 'L.... T_ina of information to make judgi,ez,ts as t') tit _ ctu:... l: o' . .:.c<. t.:n,it you're getting from your people. Once you yet this 'kln,f .). s.y�'-e:r, into place, you then can link your perfor7,,aricc a::c 121it ,:02: ,t..::,c:.rds to�;etht r into your budget docurent and into yc,u1 bu,'get �}:i: , _ .< r. The sc-cond sweet that we have �iv<:l: you ti:erL- take �.Li y ni`: L'lli7t7Ct — sheet and to ti:c cote_.::.: c: i t:tt :.;;, i :�rn:r;tio;; that you could have avazlal;le to you _„ the _ future si",owinc hc-)w these could t�,e ta..ls and giving you a cost basis for de_isior., ruti:�r c .:r. __.:•t•:. i;:s : rival basis which is what you ncaw h-,a e to live ,a r.ecor-mend that any such c_'era'_ionR be �,cnte o;: u of the study that we were tc uI,6ertake operations. Mayor Ferre: This is something that Mr. on a bi-weekly basis and I'm sure he wants to hear what you have tr, say. Mr. Plummer: I'm listening. Mr. Homer: Basically, our �indinys were that this opera -ion is overall generally effective. It does a better thar. averane joh compared to many public jurisdictions in providing goods and scrv'i'c(.s for your various operating departments. it dces r:eep adegi ate rc!cords :3,nt does have adequate audit trails. However, there are r.um': :r "._:..:ca that are not being done which could aubst<ntial:y _tr<_i":<; ;._r: hii-; cpLration and increase its efficiency. l;c t'r,ir 'k h . a,erc i . a ,:(,: < t o _.;c a,re in a city-wide forcasting of your your _ bulk purchasing practices. Ctnur ti:ar yc:,ur m: tc: irl.s fleet purchases, there's very little of this done. Wwbul ,ar_ :should be done. We find a rnther apt alli.r. - la :: o purchases under the fort} -Z ivy ur,c ' d i l :i i.: = i y:c which we think should be corrected anu imprcvuc. . ilLn ,_ :.'r:to the City. We find a failure T-c, sec:urc ash: y _-t-hrough timely payment of the a -dove. We alto fins` ti'::•L 1'.i.:t_ "n7i' :'d:".d:�r response to many of your for(Tial hddF . Y:, L 1.:ai ; .it :i:'SC5 City c_ operating agencies are ii, fdct p�Y_.iT":.'.lri :nt_ Z;:.,_ .;:=_1;:, :uneticns In terms of providing their own pur:;hasii ,' ofI'OVLGing their own suggested _ists of :ut: ,:..... t.:, _,. :._. „. ih_ need to be corrected and can 1117 c02-rCcti Z,_) effective pi:.:.hasing respect to the purchasinn .qx� ratio:. it, Lnluc. _ c .. ...... t:.,.e y .,.cLr .-,ent coasts by forecasting your rE0 1rL1Ac-I;Y.� or: a:'i c::.:':.. i,...�1 l; Ir_� :.�iii,g vendor competition and by pursuing cc.si in:, d_�cc,...,t-. ?. Vc* Simple. It's a lot easier to say than to do it. but we :ri:.:. ..... r."!Ie steps car. have a major impact on your operations and save monle s for you. We would 0 �Ot N 0 V 2 6 280 Mr. Homer (continued): suggest that it would be good operation to get up a better line of communications between the Purchasing Department and the user agencies to have constant meetings between because we find that there is a lack of understanding between them that. slows down the process which contributes to the,lack of competition and which contributes to the failure to secure cash discounts. We would suggest that steps be taken to insure that Purchasing provides and protects the public and you by making sure that you have competitive specifications for your purchases. We do not feel, and do not recommend that umer departments should be excluded from the setting of purchase specifications. But we do feel that the Purchasing Department has to exercise a Judgment. over those specifications that come in from the user departments in order to insure openness and competition and to protect you at this table. We think there should be a move on to limit the points of delivery for receipt of goods that are delivered to the City. Not only is this imlx,rtant in _ terms of costs, but also in terms of control of materials that are brought into the City operation. We have made some suggestions as to how you could establish procurement policy for minority venders, one of the first things would have to be a better definition of what constitutes a minoritv vendor and what kinds of consideration you as a rxOlicy matter are willing to give to them on that matter. We think also that the City should provide to the Purchasing Department up to date financial data so that they can have the necessary information to effectively exercise their expenditure control. And finally, if this is to be done, if this is to be realized, feel that the purchasing staff will have to be expanded and upgraded. Too much time is being spent for .instance, by the Director of Purchasing in doing every clay work or: bid proposals and analisis bid receipts. And you ever, have buyers actually spending their time typing out requisitions. These things need to be corrected. Let me get very briefly, and quickly `lr. Mayor, and members of the City Commission to the matter of implementation of these kinds of plans. We feel that the areas that we've cover..d in these reptDrts are important and essential to the viability of your City government. As we, as such, we think that ycu need an early deciKion from your body as to flow you want to follow through or, implementing these reco;r-iendations. You have many implementation options. The choices would have to be made by you in concert with your City administrative staff. We feel that all the recommendations that we've made to you are important. taut we say that from the narrow vantage point of just a study. We do not make it, I'm not in a position to make from the broad policy standpoint that you, the Mayor and City Commission, and your administrative staff, and his _ assistants have to make judgments everyday. So we know that. you may have to make choices. We would suggest to you that whatever those _ choices are, you will probably need some outside professional assistance to carry out these programs. If you qet that outside assistance, it should be utilized to complete the work as early as lx>ssible, it should be to utilize to develop your own in-house staff capacity to operate these programs, and it should be also utilized finally, to avoid the hiring of additional permanent employees. I've indicated that you have many options and we've tried to set forth just a few of them here. the first one would be to, for instance, make a decision to implement all the recommendations in these reports in the shortest possible time. We believe that if you did this, that it would re;uire something in the order of six (6) months to carry this work out. It would require substantial outside assistance as well as substantial participation by your in-house staff to accomplish that much wort: in that short a period of time. A second option available to you is to mt-,lement only those plans which are essential to your financial operations, or your financial integrity, if you will. Basically, those would consist of an advisory audit committee, establishment of an internal audit operation as a seperate departmental operation, and the establishment of quarterly financial controls and reporting systems that were previously indicated to you. And the necessary systems changes that would build up and mkae all those things possible. Another option would be for you to implement only those plans that are essential to your improved decision making capacity. That would be, perhaps, the establishment of the cuarterly financial controls and reporting systems, the performance measurement information systems and resource allocation systems which would provide you with cost data that you do not now have. Those are not the only options in a subject as broad as this. There obviously has to be many ©7 ist NOV 2 6 1980 Mr. Homer (continued): options. In the final analysis, the cost and completion time to carry out these programs will depend on the number of recommendations that are implemented, the degree of outside assistance that is utilized, and the degree'of in-house staff involvement, and the installation of these programs.' Based on these kinds of options which we've set forth above, we think that to carry out she pro,.3ram, time can _ range from anywhere from six (6) months to erahtee:; to carry out this program. And based on these opti o.,� , �.e b _ i i fi:%re tr,a t •cur cost can run from as little ar, fifty thousand cci000) to two hundred thousand dollars ($200,000) for i.nata"I!U'�.Ion, .xn_: from six thousand (6,000) to fifty thousand (50,000) nor o �erationa cont-. In closing, Mr. Mayor, members of the Commission, 3 would urge you to recognize that you do have a weakness in your financial operations that you need better data than you are now letting, and bcacter data tnan the present system can provide for you. It is not yet at a fatal state. It is at a point that it can be corrected. I would •,Ar.ge teat you take the steps necessary to correct it in the interest of you1- co*,,ununity, and in the interest of your City's future. I would suggest to _,,�u ti,at you now are operating in a new national political mood. I also ould suggest to you that you have here locally a new administration a::d an 0,1?0rtu1_.ity to step in and take control of a situation wnich his been allowed" to deteriorate but whic)-, can be rescued very rapidi.y. i would urge that _ you take those necessary steps. I thank you very much .-or he opportunity to appear here today and I'm ready to answer, hopefully, any questions any one may care to ask. Mayor Ferre: All right, thank you very much, Mr. Homer. Lot me ask you, just to refresh my memory, you and I first rnet on all of this, it was winter time in Washington, so it was what? January or February of last year? Mr. Homer: As 1 recall, Mr. Mayor, it was something in the order of last February, mavbe March. Mayor Ferre: And then the contract was signed with Booz-Allen was signed when? Was approved when? This summer? Mr. Homer: I believe it was finally approved by the early part of the summer and executed in early July. Mayor Ferre: And does this conclude your job at this point? Mr. Homer: Yes, sir. Yes, this completes the work that we were called to do or expected to do under our contract. Mayor Ferre: And you're recommendations, I'm sure there are a lot of questions that would flow from a more careful analysis for your interim your five interim letters, interim reports and your November 7th cover letter and this material that you went over today. E, wanted to ask you, it seems to me that you left an awful lot cf alternatives open and it seems awfully complicated. The varieties are just too much over the... I personally don't think we can do everything; t:at you have up on that board. I do think that we need, immediately, to g._t o-. what I think is the most important of all is the internal audit fur.ction, which I think is desperately needed. And I've. beer, saying this for the last three (3) or four (4) years. No, that's second. ...a ' s _ c•ond . I thi-.k that much more important than your audit ccir=itteu is ti:v rus tructu ring of an internal. audit that will really kt2ep a careful eye as to what's going on within the City of Miami. I thin}: that's the most irportant thing. Secondly, because I think it's simple, I thin't: we need to institute an audit committee as has been bot my recommendation since last November when I made a statement just about this time last year. And since...what's the name of our auditors? Mr. Fosmoen: Peat -Marwick. Mayor Ferre: Peat, Marwick and Mitchell has also recomanended. So Z think that's the second order, in my personal opinion. And third, and as ,08 ist NOV 2 6 1980 t f Mayor Ferre (continued): important because of the evidently very large void, is to really get the appropriate finance people within the department to get the job done that isn't being done. And that I think has to be done immediately. Now, how much we go beyond that... Mr. Plummer: Mr. Mayor, as you know, this is nomethinq I'm very much interested in. Not just the one segment that I have been very vocal about and that is the purchasing. My opinion is, Mr. Mayor, we cannot afford not to implement the full plan. I can tell you that-1 envision that if these recommendations not only are implemented, but the spirit of the people who do the implementation follow through, Mr. Mayor, in Purchashing alone I envision the first year we would save -enough to pay for all of these recommendations. The budget committee, Mr Homer, I will tell you I think has not been successful as the Mayor has tried to instigate because of the lack of a Commissioner on that committee. I think that putting a Commissioner on that committee would give it clout which it has lacked in thepast. Mr. Mayor... Mayor Ferre: You're talking about the budget committee? Mr. Plummer: The Budget Review Committee. Yes, sir. I would hope... Mayor Ferre: You know you're volunteering yourself? Mr. Plummer: NO, I'm not volunteering because then I can't sit back and pick at them. So I'm going to reserve that right. Mayor Ferre: Well I think the Chair may have something to do with all this. Let me tell you, the Chair is having some ideas at this moment. Mr. Plummer: That's over, the gears are always grinding. 1.1r. Mayor, I would hope Mr. Porter Homer and company, since I have problems with Booz-Allen, that their responsibility is not. over today. That would be a great mistake. I think that the only way that this thing can follow through, since they are doing the recommending, is that they be retained to monitor this situation until it is implemented. I think it is very very crucial that that company is being retained. Then at the end of the six (6) months we can stand here and say the praise, if it works, but yet, stand up and be counted if it doesn't. So I think it is most imperative that company must be negotiated with on a retaining basis to help implement. Mr.Mayor, this is something that is way _ past due, it is something that this City needs desperately, and I say to you my vote this morning is predicated on we cannot affored to do anything less. Mayor Ferre: I'll recognize you after everybody has had their comments for the purposes of a motion, if you wish. Father Gibson: Mr. Mayor, members of the Commission, I read an article last week I think it was, in the paper that I want to share with you. The article, and I think it was part of an editorial. Ronald Reagan went to Washington... Mr. Plummer: Ronald who? Father Gibson: The President -Elect went to Washington and everybody was amazed at his reception from the now President. But the newspaper went on and told another far more significant and important thing that I think all of us on this Commission need to take note of. And that was said, that the transition which seems to be in process was so smooth and he was so well received, and accepted and they were sure that that was based on the fact that the top man, the Prsident told all of those other guys under him this is what is to be. The point of the story is, no recommendation we get, no study we make, if the people who work for the City and who are responible for carrying out the mandate of this Commission are not commit4.ed and dedicated and send the word down and say this is the way we arf. going, we will -et nowhere. We won't be any further next year this time than we are now. It's a shame and Nov 2 E 1980 Est or Father Gibson (continued): disgrace to have to come to this point. This is a business. This is a business. You run a church like we do some of this business around here, I'll tell you this. We'11 go bankrupt in the morning. And I just urge that we send the word down, that we direct the Manager, and it will be his .res nsibility. And if he doesn't get it done, we'll get another `Jana .er. ";:at' - what. •.icu do. And I'll bet you ... and if can't ... if can't get t},em todo it, he ought to do it and then proceed to do the other thing. That'- hc_w this business is. If you can save the kind of money t;at Plummer just referred to based on that recommendation in the :short time that he has referrea to, God help us if we don't co on an:: do it and do it riqht now. Because that public is sick and tired of goverment not responding and being irresponsible. Mayor Ferre: Any other statements? Mr. Carollo: I'd just like to add something, Mr. Mayor. I think I've stated on more than one occasion that government is a servant and not the master of the people. And I 'rope that we remember this for once. Mayor Ferre: Any other statements? All right, t;r. Plunaner. Mr. Plummer: Mr. Mayor, I would make the motion very sirapiy that the plan as presented this morning in its full implementation be approved by this Commisiion, I assume in principal and that the administration immediately implement those things as quickly as possible in the recommendations. Father Gibson: Second. Mayor Ferre: All right, there is a motion and a second. Is there further discussion on the motion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-837 A MOTION DIRECTING THE CITY MANAGEn PC I IPLE.6.ENT THE FULL PLAN FOR MODERNIZATION AhD RESTRL;CiCiRING OF THE FINANCE DEPARTMENT, AS RECO'ZIENCED BY BOOZ-ALLEN & HAMILTON, INCORPORATED AND AS PRESENTED 'TU 7HE CITY COMMISSION IN THE REPORT SUBMITTED THIS Sk-'1E DATE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plurir-er, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None FOLLOWING ROLL CALL: Mayor Ferre: The Chair would like to appoint J, L, Plumeer to be the Commission liaison with the Budget Advisory Committee, would like to ask Mr. Plummer to serve on an initial basis and once the initial prase is concluded, report back to the Commission his finding and then we will see what direction we'll take after that, Mr. Plummer: Be happy to. ist 10 NOV 26 1900 r Mr. Fosmoen: That concludes that item, Mr. Mayor. I would only add this comment, that I concur with the Commission that there are substantial number of improvements that need to be made to the finance operation of this City, and you can be assured that I'm going to move toward implementing those as quickly as possible. We have an extremely difficult budget facing us in 81-82, and it's only with good financial information that we're going to be able to meet our requirements. 3. CUR—R MIT ST?VfUS ' EPOR7 - POLICT F.i_CRUIT11FNT Mayor Ferre: okay. We're now on item number "A" which is progress report of Police Department recruiting and hiring. Mr. Fosmoen: Mr. Krause is here and will review the report with you. Mr. Robert Krause: Mr. Mayor and members of the Commission, Major Bared is also here from the Police Department. This may be an appropriate time to take an overall look at what has happened in the last five (5) months. We began recruiting in June of 1980, and we had our first exam given July 28 and 29. We had four hundred and ninety-eight (498) people take the exam. Since that date, we've given another exam on October 1st and we had one hundred and fifty-one (151) applicants. We gave another exam... Mayor Ferre: Since July one hundred and fifty-one (151)? Mr. Krause: Yes, sir. Or. October 1st. And we gave another exam October 29th and we had one hundred and eleven (lll.) applicants. And we gave another exam last week, Tuesday, Wednesday and Friday in our own offices and had seventy-one (71) applicants. Not all of those applicants showed up but there were eight hundred and thirty (631) people recruited. Of that group, approximately four hundred and twenty-nine (429) will have passed the written exam. I say approximately four twenty nine (429) because we don't yet have results back from the University of Chicago on the people who took the exam last week. The Police Department has made appointments tnat presently total one hundred and eight (108). They had thirty-two (32) people who started October 6 in the Academy. Thirty-five of them started November 3rd. Mr. Plummer: Wait, wait. Go again. How many on October 6th how many? Mr. Krause: Thirty-two (32). Mr. Plummer: They're in school now? Mr. Krasue: Yes,sir. Thirty-five (35) started November 3rd. There are thirty-one (31) currently scheduled to start on December Sth, and then there are another ten (10) candidates who are tentatively scheduled to start in the January class. So this means one hundred and -eight (108) people have been selected. Mr. Plummer: January what? Mr. Krause: I'm not sure of the date. Mi. Plummer: Okay. It's immaterial. Okay. That's for nineteen (19) or twenty-two (22) weeks? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Twenty weeks. 11 ist NOV 2 61980 Mr. Krause: What this indicates is that at the present time these efforts have produced slightly more than one third (1/3) of the candidates that we were projecting would be required, which was between two hundred and sixty (260), two hundred and seventy (270). You can see from the figures that I gave you, that our recruitment has tapered off. The problem, there are two problems, I guess. One is that we have not been able to get the amendment to the Consent Decree. Mr. Plummer: Why? Mr. Knox: Let me indicate again for the record, the Law Department has received comminiques from the Fifth Circuit Court of Appeals indicating . that that they were not going to entertain this motion until they hear our oral argument on the rehearing save time in January of i9si. However, as was indicated two meetings ago, there is no legal reason why the City cannot commence its recruitment outside of the City of Miami because first of all, there's been an agreement by the City, the F.O.P.,and the District Judge has indicated that he will favera'!)1_: rule upon our motion. There is a caveat that if we do that and a future determination is that we've acted outside of the scope of our authority under the Consent Decree, then we would have to make whatever legal. correcti-ve action :nay l;e necessary. Mayor Ferre: he have no choice, and ].I1 LV Clpalli011, '.PC i L?':C' tG take t at chance and gamble and let's just plow ahead. And I want to see the judge, Federal or otherwise, that's going to tell us to take a properly trained police officer and kick him out of the City of Miami Police Department. I mean, that's just, that is just... Mr. Plummer: Well Maurice, I echo your sentiments and I hope that they are heard by Mr. Krause very loud and very strop-,;. But ever. if we go the route, Maurice, that we follow the recommendation or the attitude that has been here this morning, I would say to you, Xlr. Krause, that those people that we would start today to recruit in Dade County or South Florida, they would not be even through the processing fur thirty (30) or sixty (60) days, correct? Mr. Krasse: That's correct. Mr. Plummer: So we wouldn't be in any kind of a bind there as far as the ruling coming out in January. Mayor Ferre: But you may be out of money. Mr. Fosmoen: You have a contract later on your agenda for... Mr. Plummer: Okay. I'm aware of that. So Mr. Krause, I hope within the hour you get the wheels rolling to start implementing. Mayor Ferre: Well why don't you do it in a formal way. Mr. Plummer: I don't think it's necessary. I think the City Attorney has told him all he needs to be told. Mr. Krause: The second thing that I wanted to mention to the Commission, your agenda today includes an item 11 which is a proposed, a resolution with a proposed contract with an advertising firm to give us_the professional capacity to do police recruitment within and outside the City. Mr. Plummer: Well, I've got some problems with that. Okay? I've got some problems with that. We'll discuss that at the appropriate time. Item 11, Mr. Mayor, speaks to the proposal that I made before this Commission for the monies for recruitment, and it's with an advertising agency. I do not like the way the contract is drawn, but that we'll address. Let's go on where you are here. Mr. Krause: I think Major Bared has a comment that he wants... 12 ist NOV 2 61080 Major Alfredo Bared: Mr. Mayor, members of the Commission, so far we've been able to reach the projected figures on our PERT chart which you have copies of. The only concern that I have to share, and Mr. Krause brought it up before, is that if we are not able to hire outside of the City limits by December, by the end of December, we will riot be able to meet the mandate of eight hundred and fourteen (814) by October 1st of 81. In the last recruitment drive which started somewhere in the month of August, we had two hundred and thirty-one (231) City applicants and three hundred and nineteen (319) non -city applicants, for a total of... Mayor Ferre: I'm sorry, repeat that again. Major Bared: Two hundred and thirty -cane (231) city applicants, -.meaning they live within the City of Miami, and three hundred and nineteen (319) non city for a total of five hundred and fifty (550). And the recruitment drive prior to that, we had four hundred and ninety-five (495) and that lasted appr.oximatel three (3) months. So in a month and a half or over two months, in crntinuous recruitment we were only able to gather two hundred and thirty-one (231) City applicants. Mayor Ferro: But you heard the expression of the majority of this Commission anyway... Major Bared: I understand that. Mayor Ferre: That we proceed immediately with the hiring of police period, within the City, outside the City, and we'll have to deal with the Federal. court whenever it is that they get around to listening to us. Major bared: Yes, sir. I understand that. That's the only reason that I'm here just to share my concern, that if we cannot do that we're not going to be able to meet it. Mr. Plummer: All right, what else have you got? Major Bared: That's the only thing that I have. Mr. Plummer: Okay. N7w I've been hammering and I'm going to continue to hammer. And I spoke to Mr. Fosmoen about the PSA's. Mr. Fosmoen says that he'll be ready on the 17th of December to come forth before this Commission. I'm well aware, and you're well aware that there is a lot of work that policemen are being used for today that PSA's can do. I hope that when Mr. Fosmoen comes forth on the 17th of December that we are ready to roll on that program. As you know, this Commission discussed at budget time up to one hundred (100) PSA's. That is a double edged sword in my estimation. First, it will give us supplement manpower on the streets immediately. But more importantly to me, and I don't like the terminology, but for the lack of knowing better terminology, it will create a bull -pen of a hundred people who are immediately available to be put into the acadamey for police officers. Now, I just hope that this PSA, because I see that as the interim situation that we need very badly. So what I'm telling you is that when you come on the 17th of December, come with something in a program that you're ready imnediately to roll on. This Commission already realizes the dollar impact. That's why we created that two million dollar ($2,000,000) fund for the Police Department. So all I'm saying to you is I don't want to hear anything on December 17th but positive. Npthing negative. Major Bared: We understand that. And I believe the only way that we're going to be able to off -set that shortage un the recent few months would be with the one hundred additional PSA's. Mayor Ferre: All right, are there any further questions on item number "A" Mr. Plummer: Are there any problems that either department are having that this Commission can assist you in in alleviating the problems? I'm not talking about the Consent Decree and I'm not talking about dollars. 13 Nov 26 1980 ist Major Bared: Not with the Miami Police Department. Not at this time, no sir. Mr. Plummer: Mr. Krause. Mr. Krause: No, sir. Thank ,you. 4. DI5CUSSIO'" OF R7nUZS'_T' FnR -0 C-,rILY. Mayor Ferre: We're on item number"B", discussion of the request for proposals for cable t.v. Mr. Fosmoen: Mr. Mavor and members cf the Commission, we've had several workshops with the City Commission on both the proposed enabling ordinance and the requests for proposals that will be distril)-ute'- to cable companies. We have had a series of communications back and forth from cable companies suggesting some changes in those two documents. We have listened to the Commission's comments and suggested clnanges in these RFP's arid the system of selection. And Mr. David Korte is here today to brief you on our response to those series of chanq_es that have been r.>_cor.uncnded. In addition, I have for distribution an alternative t:-:at was rcquested by the City Commission with regard to and ;:,irticination disclosure. Anc I'm going to ,pass that out tc yot:. It iP r-,o6eied after the Portland request for disclosure. Mr. Korte, will vcu brief the Commissicn on our position on the suijgeEted ch::-,qes tiiat. we've received from the industry. A couple of tti'i-Y tI".in(C!,, `".r. •si:01. 1`:t; ,-;3Ve Copies of all the commuriication!� that we have rec elv( . "OT' .rei.r,_ ss, iitatives of the industry. And I'll distribute those to you at t1li.s time. Clark, is this as of tou3y? ( INAUDIBLE BACKGROUND CO%1,%1FNT PL iCL ) ut'T IDE 017 7HE P;.-BLIC i:: CORD) Mr. Fosmoen: Okay. This is as of today. We have, since the agenda packet went out and my memorandum went to you on Ncvembcr 21st, we have received a couple of other letters from the industry and I believe we are prepared to respond to those. We are prepared to respond to those additional suggestions also. Mr. David Korte: Thank you. My name is David Korte, Cable Television Information Center, You have just been distributed the most recent comments from certain representatives and respective applicants. I am prepared to go into those immediately, at your pleasure. You may wish a few moments to go over them. I can summarize as I go alone, the content and our position on this. Mr. Fosmoen: Why don't you summarize, David, bused on the :memorandum of the 21st and then catch up, if you will, on our position on the most recent comments. And perhaps respond on some of the 'issues that were rasied by the Commission yesterday in the workshop. Mr. Korte: Yes, all right. heginnirq then with, the City Manager's memo of November 21st, there are sever, items. he'll go through those one by one. Item 1 concerns primarily wording changes. First of all concerning gross revenues. And one of the applicants has requested that the ... well, to back up, the franchise fee, of course, will be based on revenues of the cable company. We are concerned of course... Mr. Plummer: Can we start on the right foot. You're saying franchise fee. Mr. Korte: Pardon me, lincense fee. I apologize. Mr. Plummer: Well, it's not an apology because that determination yet has not been made officially by the Commission. Okay? But it's my understanding that we're traveling presently under a licensing procedure rather than franchise. JL� Mr. Korte: That's right. It's my semantic error and I apologize. Mr. Plummer: Okay. Mr. Korte: Regarding the license fee percentage of the revenues of the licensee. And one request was to substitute the word, instead of "all sources of revenue within the city", for all cable services within the City. We believe it's acceptable to revise that. Mr. Plummer: Per. Mayor, I don't know how you want to handle this. I was yesterday at the workshop because I have other wording that I want to interject. I'm in accord with what they have added here but I was accused yesterday of reinventing the wheel. It's strange from being chastized in the paper of not knowin", anything about it, how much we have learned. Mr. Mayor, I would like to interject that this Commission in 'its submittal of proposals include a minimum annual guarantee too the City. My concern is yours, Mr. Mayor, as you expressed during the telephone franchise. That if the state of the art which is rapidly changing in this industry, suddenly were to come upon the fact that they no longer had the need of the services of the poles of the City, we would be without any revenue to this City. If these companies signed an agreement for fifteen years (15) which is what they're seeking, at an annual minimum guarantee to the City, then this City would be guaranteed those monies for its operational procedure. So I would ask that in the bid procedure that a minimum annual guarantee for the term of the contract be included in the proposal. Mayor Ferre: On a percent of the total. You don't know what money is going to be worth ten years from now. Mr. Plummer: Mr. `•layor, there are two concerns and I will leave that to the experts. The First concern is that we are regulated by three to five percent. Second of all, the concerned of what the terminology, whether or not it would be of cable service, a percentage of cable service would be the annual minimum guarantee. The expert `dr. Korte understand what I'm trying to accomplish. It has never been done in any of the franchises across the United States. I aon't mind inventing a new wheel so I would propose, Mr. 1•layor that that he included in the bid proposals. (INAUDIBLE BACKGROUND CONLNENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Mr. Mayor, my other concern in this particular area... Mr. Korte: The addition of a minimum guarantee, I think may well be within your interest giving your concerns. I do think it's fair, however, to advise you that under the present FCC rules which we have discussed yesterday may well change shortly, which limits you to an absolute maximum of five percent is a ceiling regardless. If a situation exists that the minimum that we specify, five hundred thousand (500,000) may well be an appropriate figure for that amount... Mr. Plummer: I have no problem. Mr. Korte: ...if that amount does in fact, at some point exceed five percent of the actual gross revenue of the operation, then it would have to be the lesser of the two. Mayor Ferre: We have to make it less. I would like to just say that I don't like putting in a specific figure and the reason is we don't know where inflation is taking us, what the value of the dollar is going to be ten years from now. Five hundred thousand dollars ($500,000) may seems like an awful lot of money. The way inflation is going in the country, it may be ten cents on the dollar ten years from now. And I think the question of revenues from cable services I do not like either. And the reason is as Plummer stated, that if all of a sudden we get into a period ten years from now where the state of the art changes and through other satellite uses or whatever, or electronic means, some sort of laser beams or whatever, God knows what it's going to be in the year 2000. I think we need to cyaarantee...if we're going to do it now when it's good, if it doesn't get so good twenty (20) years from now, we want to have a little 15 ist NOV 2 6 1980 51 19 fl Mayor Ferre ( continued): bit of protection, of what we're about to do now. So I think it needs to be phrased in a way that you address what Plummer's main concern is. And Plummer's main concern, as I heard it and as it's been expressed here, is that we have continuity of income and that it be a reasonable amount. Mr. Korte: Well, I don't believe b1r. Plummer is suggesting we eliminate a percentage figure as well becasue... Mayor Ferre: He didn't say that. Mr. Plummer: I'm not tryinq to set it, whether it is a dollar -figure or a percentage figure. What would be wrong, for example, of the minimum annual guarantee to be three percent (3%) of cable services provided? Mayor Ferre: But suppose there is no cable service in the 2000.... Mr. Plummer: Mr.Mayor, we're only talking about a fifteen (15) year contract. Mayor Ferre: Well okay. The year 1990. Mr. Fosmoen: I think you're looking a both. You're looking at... Mr. Plummer: And/or. Mr. Fosmoen: ...a minimum guarantee... Mr. Plummer: And/or. I have no problem with that. Mr. Fosmoen: ...okay. A minimum guarantee of five hundred thousand dollars ($500,000), to your concern, Mr. :dayor, that could be pegged to a consumer price index. Mayor Ferre: Fine. I don't...I mean, there. are ter, ifCrlcnL ways of doing it. A consumer price index would be accentabie. I have no problem. Mr. Fosmoen: We would encourage the Commission very strongly to set a dollar figure so that we don't get into a bidding war on that minimum guarantee. Mr. Plummer: No, I don't agree with that, :fir. Fosmoen. We would set a minimum accepted annual guarantee. I wouldn t :-reclude, if some company, if we set it a five hundered thousand dollars ($500,000) and some company wants to guarantee us eight hundred thousand (800,000), no I don't have any objection to that at all. Mr. Fosmoen: That's fine. We may find, of course, that eight hundred thousand dollars ($800,000) is a totally unrealistic figure and that it would... Mr. Plummer: That's their problem. Mr. Fosmoen; No, it becomes your problem, sir, because you are limited to five percent of gross. And if the eight hundred thousand (800,000) is much more than the potential of five percent (5%) of gross, you're not going to be able to collect it anyway. Mr. Plummer: Under today's conditions. Mr. Fosmoen: That's right. Mr. Plummer: Okay, that's my... Mr. Fosmoen: And we have a renegotiation clause in the contract if the rules change. 16 iat Mr. Plummer: All right, well I want that, Mr. Mayor, I want that spelled out more clearly. I want it so that if, in fact, the FCC does what it looks like it's going to do, and that is completely deregulate, that immediately triggers a hearing before this Commission for the proposed renegotiation of that franchise fee as it relates to a new percentage. Mr. Fosmoen: Yes. Mr. Plummer: I want it clearly spelled out. I don't want what I was given yesterday, well you're covered here, and you're covered there. I want it clearly spelled out in relation to the perccntage. .Mr. Fosmoen: To accomplish that, sir, one word needs to be changed and that, as you pointed out yesterday, is changing the word may to shall. Mr. Plummer: But I want to make sure that's in there. Mlay is permissive, shall is mandatory. Mr. Fosmoen: we'll incorporate , if the rest of the Commission agrees or I don't hear any dissention. Mr. Plummer: If I may... Mr. Plummer: As Father says, put it in capital letters and underscore it. Mr. Carollo: I think the point Commissioner Plummer is trving to make is very well founded. As far as the other point that he discussed with the Mayor, why can't we put a clause that we will start at the figure that was discussed or more if companies were allowed to, and the it would gradually increase with the inflation rate. This wavy we'd be secured if the inflation rate rises the way it has been. Mr. Korte: Conerning the lump sum fee or the minimum annual? Mr. Carollo: The minimum annual. Mr. Korte: The minimum annual lump sum fee. Yeah figure it to the consumer price index would be an acceptable means of achieving that. Mr. Carollo: The other question that I have, and I dust want to make sure we're in agreement on this, is that we're going to have full disclosure of everyone involved in these companies. For instance, if we had an ordinance that is going to limit us from not talking to any individual from any of these corporations, I want to a know all the individuals that are not supposed to be talking to me. Because if we're not going to divulge the identity of the attorneys, public relations people, lobbyist, what have you, how are we supposed to know who are we not to speak to. Mayor Ferre: You're not supposed to speak to anybody, that's the point. Mr. Plummer: Well now, whoa. That's not the wa;, I understand the gag rule. I understand the gag rule to say that if I talk to anyone, there shall be a full report written for that meeting. There is nobody that preclude my right to talk with who I want. I will 'donor the Chairs request that if I do such, that I reduce to writing the contents of that meeting. I've got no problem with that. Mr. Carollo: The other point that I want to bring out is I think is very important to know the identity of everyone, everyone that's involved in all these corporations, including fees that are being paid and what have you. I think it's all very relevant and very important. Mr. Plummer: Mr. Mayor, I have two thoughts on that, and I'll express them to you. Number one, I think that that which is presently in the submittal goes just so far overboard it's ridiculous.Now, I have no problem, mr. mayor, with the people who are the winning team that all of those people of the corporation will definitely have a background check. But I don't want... 17 ist 1 10V r) P � V+ Mr. Plummer (continued): if we have thirty companies I don't want to do it on the other twenty-nine (29). I don't think it's necessary. The winning company I definitely want. I think thrst we shcuid. ,on all companies should have who the lobbyist are, who the attorri circ•. I have no problem, I think that is only right. I don't thinK need to go and to have all of the attorney's have a full financial discicsure, the lobbyist have a full financial disclosure. I don't think that's ncccssar,;. I think that we must. identify those pc�;le and that's as far as I want to go. Mayor Ferre: I'll tell you the way 1 think so we can qet this thing over with. I make that in the form of a motion and i:zciude in the motion that the ... what's this thing called? I mean the Portland format be bsed, that the full disclosure be to the successful recipient as Plummer has outlined in his statement, I so move. Mr. Lacasa: There is a motion. Do I hear a second? Mr. Plummer: Of course I second it. Mr. Carollo: You know, as far as a full disclosure, can we go over again what is considered the full disclosure? Mr. Plummer: Yes, sir. In all corporative members of the winning franchise, that the City will do a full investigation and background check on all of those people in relation to the pursuing all companies will supply in their submittal who are assisting them in their proposals. i.e. the attorney's lobbyist, or ai._ other people that they have engaged to help them win the franchise. Mayor Ferre: You're talking about one firm doing that, the successful winner. That's the motion. Mr. Plummer: No, sir. Mayor Ferre: Well then you and I don't agree. Mr. Plummer: I have no problem naming them. I am not goinq to do as this ordinance that's before us make all of the attorneys, even to the winning. That's not necessary to me. Mayor Ferre: Plummer, I'm sorry, that is not my motion. My motion is two -fold. One, that at the conclusion and before the final awarding, the successful recipient have full disclsoure of everybody involved, and full investigations made. Just one company. And that we substitute the Portland format, ownership and financial resources, and that is the form of my motion. Mr. Plummer: Well okay. Let me then, Mr. Mavor, unfortunately the Portland ordinance was only given to us, I have heard about it, but I have only received it this morning. Mayor Ferre: I'll be perfectly willing to withdraw the motion and bring it up this afternoon when it's probably a more appropriate time to do it. Mr. Plummer: All right, well let's do that if we can, and let's go through the rest of the report if we can. And I'll withdraw my second. But did I answer your question, Mr. Carollo? Mr. Carollo: Partly J. L. I think it is best to bring it up this afternoon so we could... Mr. Plummer: Okay. But I was just trying to answer your question. Mr. Carollo: Thank you. Mr. Plummer: And we have in there, okay, the three to five, that's taken care of. ist NOV 2 6 19$0 Mr. Korte: Mr. Plummer, I'd like to go back to one point, however, concerning the opportunity for companies to offer a higher minimum payment per year. Mr.Plummer: Yes, sir. Mr. Korte: The City of San Antonio, Texas, in a similar fashion allowed, as did a couple of other cities, an opportunity for companies to in effect bid up a franchise fee payment. What happened was that it forced the companies into a bidding war that simply got out of hand, ultimately requiring the winning company to pay a far excessive amount of money to the City which in effect is going to be costing the subscribers. Mr. Plummer: Not if we control the rate increase. Mr. Korte: Well, the rate increase will be predicated, nevertheless, on a return of their investment if the higher payment is... Mr. Plummer: I understand, okay? Mr. Korte: I guess, my point, sir is that several cities have run into serious problems by allowing the franchise fees or lump sum payments to become a bid item. Mr. Plummer: I'm not trying to set that minimum guarantee. I'm saying that this City to figure in its financial operation has to know what we can anticipate as a minimum. And that's the only way I know to do it. Mr. Fosmoen: And I think all timr. Korte is suc;gesting is as bids come in the Commission should not be misled if someone bids a million and a half dollars ($1,500,000) minimum guarantee. Because in all likelihood they would never achieve that. or someone bids two million dollars ($2,000,000) as a minimum guarantee. The liklihood of them being able to achieve that minimum guarantee when you have a five percent (5%) cap is very very slim. If existant at all. Mr. Plummer: That depends on how you write it. Mr. Fosmoen: Not really, Commissioner. We are simply trying to forewarn you that we not get into a bidding war. And when these numbers come in, not to be misled by a lot of promises that may not be able to be achieved. Mr. Plummer: Understand what I'm saying. I am concerned more in the fact that during the middle of the fifteen (1.5) years that the City's need is not there so they abandon us. Mr. Fosmoen: I understand what you're saying. Mr. Plummer: So whatever you come up with, if they abandon the use of the City, they still will pay out the remainding portions of those years. Mr. Fosmoen: I understand what you are trying to accomplish. We'll try and draft some language that meets that objective. Mr. Korte: We can then move on to item two of the memorandum and this concerns the important issue of your approval over any change of ownership or control of the cable operation. In the memorandum, there is a rather minor suggestion change that simply clarifies the intent of that original language to use the term controlling interest. But I think related _ to that was the request and a discussion regarding whether there should be a more clear definition of controlling interest, perhaps by a percentage amount. The concern there is that if you lock yourself in solely into saying that anything more than ten percent (10*.) requires our approval. Anything less than ten percent (10%) does not require our approval. You may well face a case where two percent (2%) of the stock changes the controlling interest that was changed from 49. to 51. We propose some additional language to that revision that may in part satisfy some of the applicants but still does not lock you into the possibility 19 ist NOV 2 6 1980 0 Mr. Korte (continued): of not being -ble to approve the verr important change in the ownership, fundamental ownership of the system. I will quote to you that right now. We would add into, that provision a rebuttal presumption that a transfer of ccmtrol has occurred, shall arise upon the acquisition of accuimriation by any person or group of persons of ten percent (10%) of the voting shares of the licensee. Mr. Plummer: What item are )Du on? Mr. Korte: We are to the general heading of number 2. But this recommendation was not specifically from this memorandum but more from our discussion from yesterday afternoon. So it is suggested language that does present a presentaqe amount. Mr. Plummer: Mr. Mayor, my thoughts, I was the one that generated this yester.: ,•. My thoughts are that controlling interest is pretty well accelit•_. as fifty-one percent (51%). I would suggest, Mr. Mayor, that a figure be derived, whether it's five (5), ten (10), or whatever, that any change of five percent (5%) of the stock, or ter. percent (10%) of the stock would be at the approval of the Commission, only for the purposes of who it's being transferred to. I'm not hcrc again trying to set the percentage, but I think that flfty-017_ percent (51`".) is not necessarily in these large companies a cor.troiliac Interest. So I would suggest we use a figure of five percent (54,) a t.ranafer cf five percent (5%)of the stock would in fact be required Commission approval for the transfer. Remember, from forty-nine to fifty-one (51) is only two percent (2%) and that could mean the control of the company. Mr. Korte: Well the language could be... Mr. Plummer: That's up to you, sir. That's what we're paying you a fee for. Mr. Korte: Very well. All right, we can move tc item 3, also a rather minor proposed change by one of the applicants. But in a very important area, the area of subscriber privacy. Mayor Ferre: What? Mr. Korte: Subscriber privacy. That is, with the technology of cable television, we can send information; from our homes as well as to our homes. The concern, obviously, it should be that we do not want information we do not want distributed about ourselves being conveyed out over the cable system. The revision as drafted provides for specific prohibition and penalties against unauthorized tapping of your home by cable television. Mr. Plummer: What it says, Mr. ;•layor, is that you hook up for one t.v. and you pay for that, you're not going to take three others cff and not pay the fee. That's basically. Mr. Korte: That is it in part, but it is also the opportunity of perhaps somebody monitoring your viewing habits so that they can come up at election time next year and say that the M..,,or 'was watching an "X" rated film on last Thursday evening. Sorr,ethinc_ as absurd as that. So, the change here though is really rather minor. That is the draft that you had before you before... Mr. Plummer: Wait a minute. Are you saying that I have the opportunity to look in the Mayor's house. Mayor Ferre: No, because I don't watch t.v. Mr. Korte: Perhaps I should not have used that ex&mpie. He could do the same to you, sir, with the same technology, We are trying to stop that both ways. The change here simply, to allow the the companies a reasonable exception to that. That. it, to conduct their business in an orderly fashion. We had already placed in there, 20 ist �!OV ^ 6 198D Mr. Korte (continued): for them the ability to monitor the system to verify the integrity of the system, not to gather information. That was acceptable. Further, an applicant asked if we, that would be allowed for billing purposes as well so that they do them without a lot of red tape and send the bill to you. Mr. Plummer: It's called leverage. Mr. Korte: Fine. So that does not distract from your intent. It just makes the company, it makes it a little bit easier for the company, giving today's technology, to provide good service. Item 4, if there is no more discussion on that, concerns the right to, the City's right to acquire the system in effect, at your own discretion. That is, to ... The proposed change is that you would not have a unilateral night to simply acquire the system. Mayor Ferre: Did you delete that? Mr. Korte: Pardon me? Mayor Ferre: Are you recommending we delete that? Mr. Korte: Yes. Mayor Ferre: I'm not too sure I agree. Mr. Fosmoen: We can acquire with cause, Mr. Mayor. Mr. Korte: With cause and at the expiration of the franchise. Mr. Plummer: To me it's really superfulous. It's like when we were going to talk about buying Florida Power and Light. We have the right to buy Florida Power and Light. I immediately ran out and bought a generator thinking the City might operate it. Mayor Ferre: In other words, we would have to have cause before we do that. Mr. Korte: Right. Mr. Plummer: I think we're more than protected, Mr. Mayor. an the other hand, by the fact of termination of these people, we just tell them to, you know, get out and take your wires with you. That I like a lot better than the City paying the forty million dollars ($40,000,000) to acquire it. And we just reneogtiate with another company. Mayor Ferre: It wouldn't be the City. I might remind you of. the Underwood case. We went through —and to the right of us to take for public purpose a piece of property and then revert back and do the very same thing that we being done with the property before we took it. Mr. Plummer: I will remind you that Father Gibson and I recognized that before the courts voted against it. Mayor Ferre: Yeah, but the court ruled in the City's favor. And the point is that one thing is to get into the legal hassle of proving whether or not the contract has been violated. But if you have the right to, at fair market value purchase the property, and obviously would be to purchase the property readvertise and let somebode else run the operation, it really gives you a strong handle over the effective and efficient use of this license. Because to do otherwise means, yeah, you can get them out. You have to show cause, you have to prove it, you have to go through a legal process. You know, by the time they get to the Supreme Court of the United States five years have gone by and we have a disaster on our hands. If you can bring this thing to a very simple conclusion by saying, okay, look we've got the right to buy it. We're going to buy it, we're giving you notice of it, we will be advertising for bids to purchase your property next June, and that's it. Now, you say, well that gives, that's exactly what the companies 21 NOV 2 6 1 ist 99U Mayor Ferre (continued): don't want because that gives a City Commission, a future City Commission arbitrarily and we mignt end up with an arbitrary City Commission to just qo out and yank somebody's hhain like that just for the sheer demagogic pleasure of doing it. Mr. Korte: I think that's the concern of so, e of the applicants. Mayor Ferre: And that I understand,' anti I .a::. z:r: tams well why Somebody would have that concern in the Cit,Y. But there's th,, other side of it too. Mr. Korte: I don't think there's a: ;uc_;tl.r.,or.. It does rive you another control over the cable coy —.an,,• and i:'r really a latter of policy as to whether in fairness you w ant -�o ha-e t.iat control. Mr. Fosmoen: It's a policy call on the part of the City Commission. If you wish that hammer,it can be written in. Mayor Ferre: You mean the right to purchase. Mr. Fosmoen: That's correct. Mayor Ferre: I just don't think that it would be used irresponsibly. I would hope not, but on the other hand, and I think there would be legal... I would imagine there would be some legal protection, or just the City Commission artibraril,', to do something like that.would, perhaps there might be a middle ground. Suppose we put into this that there would be two public hearings held to qo over the caul._, an3 maybe the public pressure aspect of it might... Mr. Fosmoen: Maybe Mr. Korte could comment on the national experience with this language and whether or not it is traditional... Mayor Ferre: Has anybody used that anywhere else? _ Mr. Korte: It has been done. Ycu ,Soul not i-c Qoiro; It for the first time. In most instanceF,, for lar<,e the riq`.t to acquire the system is usually bared or,, again, c=ither cause. That is upon your decision to revoke the franchise. Mayor Ferre: Okay. See. But -sec., I thinK. the 7�f it is this. And here's the middle ground. I think: that the Cit! Commission has to be empowered to determine ... in other words, what I'n tryinc to get out of is a long legal process. And so, I think maybe the middle ground might be this, that the City Commision would hake the accusation as to why the franchise.. I'm sorry, the license a;recment ;hat been violated. Then, within a period of forty-five days, ycu com.r2 before the Commission on a public hearing basis, that the Lc-usaticn be made and defended, and that the accuser have the right t_ .refund at that point. And that at a second public hu.aring the Commission would then conclude as to whether of not the licenF-u had been violated, and at that point, not only determinu: thar �t _S terminated but, and this answers Plummer's problem, but tha: it will be readvertised. Obviously, it isn't for thce purjl)!�,, Of the City of %Iiami buying the license and the equipment but so that it can be legally and properly be readvertised... Mr. Fosmoen: You have the option... Mayor Ferre: ...to be purchased..but it has to be obviously at an agreed upon price and value has to be determined. Mr. Fosmoen: You have the option now... Mr. Korte: Exactly. Mr. Fosmoen: ...to acquire for cause. What you are suggesting is... Mayor Ferre: Who decides the cost? That's the point. lot 4 t Mr. Fosmoen: You do. _ Mr. Korte: You do. Mr. Fosmoen: A contractual... Mayor Ferre: Is that in here? Mr. Fosmoen: Yes. Mayor Ferre: Oh well then I have no problem. Mr. Fosmoen: But what the alternative is to simply give the Commission the unilateral authority without cause to acquire the system. Mayor Ferre: Well, no, no. I don't want unilateral decisions like that made. I think there has to be cause, but who decides whether there's cause or not? Mr. Fosmoen: This City Commission. Mayor Ferre: Then I have no problems. As long as they have their day in court which is public hearing. I'd like to really put that in there. In other words, I don't want to be an arbitrary thing of a future Commission to just yank somebody's chain because they decided to do it. Mr. Korte: Yes, t9ayor. It is in like that. All we are ... this provision would simply delete your option to unilateraly, without cause, without due process. Mayor Ferre: Again the point I want to make is that if there is an accusation for cause, that it be the City Commission that make the final determination but, that it must be done at a public hearing process where the accused and the accuser have the right to express their... Mr. Fosmoen: We will add a section requiring a public hearing. Mayor Ferre: Okay. Then I withdraw my concern because it's already covered. In other words, I'm satisfied. Mr. Korte: Okay. Item 5 relates to that but is a little less important. Upon termination either at the end of the license term or termination because of cause, the original draft provided that they must remove all their property from the City which is appropriate. The proposed language by one of the applicants, and it is a good one, specifies that it is not mandatory, that it is upon the direction of your City Manager so that if there is reason why they should leave the equipment in place, because you're going to purchase it, or arrange to have it sold to someone else, that it would not be torn down. Mr. Plummer: there's no problem. Mr. Korte: So it's a very minor change and it makes good sense. Pardon me? Mayor Ferre: That' a pretty big hammer though. Mr. Plummer: Well it's basically what it says, Mr. Mayor, it's an official notification, action needed before it is proper. Mr. Fosmoen: It's really a two way sword. If the Commission determined that the license should be revoked, this means that they may not remove the equipment until notification which would then give you an opportunity to purchase it. Mr. Plununer: That's right. Mr. Korte: All right. Item 6 concerns arbitration, reflecting comments at the first workshop some weeks ago. The arbitration clause was r"' eIN %firs Korte (continued): reinserted or is proposed to be reinserted into the... Mr.Plummer: Mr. Mayor, on this particular issue I want- the word advisory arbitration inserted. Mayor Ferre: That changes the whole concept. Mr. Plummer; That's right. It sure does. Mayor Ferre: In other words, you want it to go then to a court process? Mr. Plummer: If it has to. Mayor Ferre: It's not binding in other words. Mr. Plummer: I don't want binding arbitration. Mr. Korte: I would only suggest that ever, if you do not talk about arbitration at all, that would be your option. Mayor Ferre: What is your recommendation on this? Mr. Korte: My recommendation, it really is a matter of policy as to whether or not you want to lock, in a conflict, the decision into an arbitrator or yourselves. And I really don't have... Mayor Ferre: No, it's not a cuestion of ourselves and the arbitrator, what I'm trying to avoid, oh it is —.what I'm trying to avoid is one of these long, prolonged legal hcz*.ties that we end up in that take vive (5) or ten (10) years to cet over. Mr. Korte: That's the basic pur_posc of the arbitration, it's to provide the mechanism by an answer to be reached. Mayor Ferre: But the only way th:t that functionE then, if it's binding. If it's an advisory arbitration, then it really doesn'tmean anything because then you've got the legal process to go through. Mr. Korte: In essence, that's true. Mayor Ferre: And what I'm worrying about is protecting the City, with all due respects, this whole industry is just chuck full of law suits and people doing all kinds of things to lock people in and motivate them... and I think we've seen to much of the law being used as a negotiating vehicle, that is a vehicle to accomplish other things and to establish right and wrong. In other words, not only criminals hide behind the Constitution and the law, but a lot of business transactions use the court system as a stalling process. ';ow who is the loser? It's always the public body. I don't know of <�ny circumstance where the public body every gains by lawyers i-,layi.n : their gaa:, s be:-ore-,udges who are playing their games, you know, and staliinq and going on from one court to an appleate, to the Supreme Court, to the Federal Court, and on and on. I mean, we have so many cases of that in our history that I would be very reluctant to proceed or, this. t_tnless we have a sudden quick way of deciding things. Now the arbitor would be chosen jointly by the parties. Mr. Korte: That's correct, yes. Mayor Ferre: And if we couldn't chose an arbitor, what would then be the getting out of the deadlock? Mr. Korte: There are three arbitrators. One you chose, and one the applicant or the licensee would choose and the third party would be it. Mayor Ferre: You have problems with that, J. L? You%ant to go though the court system? �24 Mr. Plummer: Maurice, I have problems with binding arbitration. This Commission in the final word is the final word. And I just... Mayor Ferre: No it's not. Mr. Plummer: If you bring in..to me, the word arbitration is wrong. It should he ... what we're really doing in is bringing in three parties to make a decision whether or not a situation is fair. Okay? Because even with binding arbitration they can still go to court. Okay? So you're really kidding yourself. ' Mayor Ferre: No. No, no, no. Mr. Plummer: Oh sure. Mayor Ferre: If you're right and I'm wrong, then I completely take it all back. But what I was thinking we were doing is that we're agreeing with the party that a decision of difference will be decided by an arbitrator and not by the court. Now if that's not the case, I agree with you I'm not interested at all. Mr. Korte: That is the way it is written. The only point there is that somebody can take you to court regardless. It's a superfulous point. Mr. Plummer: That's it. They do. Mayor Ferre: But they have no standing unless it's a constitutional issue. Mr. Fosmoen: i1r. Knox is indicating, however, that they would first have to attack the arbitration process as being arbitrary and capricious. They would not immediately be able to go to the court route on the question of rate but rather on whether the arbitrators had been arbitrary and capricious. Mayor Ferre: And that makes it much harder. See? J. L., my only intention in this, and maybe Armando as a lawyer, with all due respects to him and to his profession, would understand. Private party contracts with public bodies like the City have atendancy always to put the public sector in disadvantage because whenever there is a stalling motion going on through a series of court proceeding, it is always with the private sectors benefit. Never for the public sectors - benefit. Now, if we leave this in an open way, what happens is this. Suppose the City of tliami Commission ten years from now decides, for whatever reasons, that the cable t.v. company is not doing a proper job. It says, okay, you're not doing the job, this is the reason, we have a public hearing, we kick them out and they're gone. We're going to readvertise and somebody else is going to come in. They then take us to court immediately for an injunction. Okay? Now the next thing you know is we win the injunction, then they to appelate, then they go through this, and all of a sudden, or we lose, then you know, you go from one _ court to another and by the time it's all over, four or five years have gone by. Mr. Plummer: All right, let me ask... Mr. Mayor Ferre: All I'm trying to say is this, J. L., if and when that happens, I want to have a sudden death operation, where some judge, you can call him an arbitrator, he's going to make that decision. And the only thing that can be appealed is if there's constitutional matter or if there was no impropriety done in the apelatt. But then we get a quick resolution on this. Mr. Plummer: Are you speaking only to the acquiring of the company? Mr. Korte: There are a number of issue, but acquiring the company would probably be the most likely... 125 ist Nov ? 6 MO y Mr. Plummer: All right, I can go for binding arbitration on acquiring the company but not on rate change. Mayor Ferre: Okay. Mr. Plummer: On rate change, Mr. Mayor, we don't need arbitration, we don't need the courts. Mayor Ferre: No, no, no. J. L., again, I do not want to put binding arbitration as substitute for Commission authority. I want to put in binding arbitration for a court process that would i_.e against the best interest of. the City of Miami. If we clet into trc bl. :ith whoever has the cable t.v. , what we want is a nick a:: wee . !+I-_! not 3omebo3y to use the court system as a stalling procedure whi e...sec, if !.owned the franchise and I'm doing something bad and _•ou Zell m(2 tc get the heck out, I want to :Mall It as long as possible .if ii'm ma'f:inn a profit. So I'm just going to keep you going from court to court. And b. the time it's all done and over with, four or five years have none b,, an—' I't made all that money. And what I want to do is to make sure ti,at somebody does not arbitrarily, unilateraly and unfairly use our court syste-n. to s'_.all us from a quick decision on something which is very important to the well-being of the City. Mr. Plummer: See, I'm actually talking to 7. And we're actually talking and incorporating 6 and 7. Mr. Fosmoen: We are recommending that the rate increases not be subject to binding arbitration, rather advisory arbitration. Mr. Plummer: Yeah, I can go along with that. Mr. Fosmoen: And some major issues then, like the acquisition would be subject to binding arbitration. Mr. Plummer: I can go along with that. Mayor Ferre: Okay. I accept that too. Anybody else have any problems on that? Mr. Fosmoen: Just so we're clear on the record. Any decisions on arbitration regarding this ordinance in no way set a precedent for binding arbitration in any other issues for to come before this Commission. Mr. Korte: Well that concludes then both items 6 and 7. Then I'm to the last page on this memorandum. One minor suggestion regarding the request for proposal document itself. In the introductor instructions to the RFP, there is at the end a list of criteria that you as a Commission would you in your selection of a licensee. One applicants has simply suggested that we add to that list financially capability which I think is ...we believe is appropriate. Mr. Plummer: Well now, Mr. Mayor, here's where I have a problem and I might as well bring it up under this one. I want to m{ike sure that the tax payers of the City of Miami are at no t _me ever ex -,,)sod again to what they were with the Water and Sewer Department. ror the people of the City of Miami were paying for the bonds to supply eighty -percent (80%) of the county with water and sewer. I want to make sure that in no way, at any time, can the Miami license be used for or pledged or hypotheticated on in any way to assist that company in any other city. Mayor Ferre: What is your feeling? Mr. Korte: Well, we discussed this yesterday afternoon. We have some language that I would like to read for you now which basically says that not that they could not do that, but that it would require your approval. Mr. Plummer I 'nave no problem with that. tat 126 Nov ? 6198� Ll Mr, Korte: Let me just simply read the language then in total. This would be added to... Mayor Ferre: Is that legal by the way? I guess it is if they agree to it then it would be binding. Mr. Korte: And there is precedent too. A mortgage or pledge of the cable system, equipment, license or revenues, or any part thereof, for financial purposes of otherwise, shall be made only with prior approval of the Commission and shall be subject and subordinate to the rights of the City under this ordinance and applicable law. Mr. Plummer: That's good with me. Mr. Korte: The companies have some objection to that I'm sure.' It's up to them to exor.ess it. All right, the final item on this memorandum concerns the amount of time that you would give the applicants to prepare their responses to your request for proposals. As one applicants has said in writing, another verbally yesterday, and which I strongly concur it really is appropriate given the amount of work they should be doing to create a good proposal, design a good system that will fit the unique needs of Miami, to give them a reasonable amount of time to do that. And ninety (90) to one hundred and twenty (120) days is reasonable, and consistent with what other large cities are allowing for their applicants. So the recommendation to at least allow a ninety (90) day period for them to complete their application to the City. Mr. Plummer: I have no problems. Mr. Mayor, also we discussed yesterday, and you'd better be faced with reality, that the consultants, whoever they are that we hire to do the analyzation, are going to want a like amount of time. Mr. Korte: That concludes this memorandum I'd like to now go to the additional correspondance received in the last few days that is not included in this memorandum. That has been distributed to you. There are numbered pages on the lower right hand corner of each page of the copies to help us refer you to the documents. Take them in order. The first concerns really a fundamental policy question too, concerning license... Mayor Ferre: Which letter are you talking about? Mr: Korte: The top one from Storer Broadcasting, Mr. Klausner. It was a packet that was just distributed to you about —the first page is just a cover to a memorandum of some length, three pages concerning basically the pros and cons of licenses versus franchise. I'm sure you're familiar with the issues yourselves. And again, it's really a policy question for you. There is some jeopardy by going to the licensing approach in terms of your protection against County action, State action that might usurp in some way your control over the cable company, maybe. A franchise would give you much more protection in that regard. At the same time, in this instance, an election, a referendum which has its own problems. So really it boils down to weighing the pros and cons of those two alternatives. Slightly better protection but with the election.. . or take the license approach which will be much easier. Mr. Plummer: Nobody that I know of has any disagreements. We're still pursuing the licensing. Mr. Korte: You're still pursuing the license at this point, and I guess the question is is that still the direction of the Commission? Mayor Ferre: Anybody have any problem with that? Mr. Plummer: I don't. Mayor Ferre: Kenny, is your...where's Ken Myers? Your November 21st letter, are you going to address that? Myers... Mr. Myers: Yes. 127 lot NOV 2 61980 1 Mayor Ferre: Okay, go ahead. Mr. Korte: well I...shall we assume then that license is still the direction of the... Mr. Plummer: unless you hear to the contrary. Mr. Korte: All right, then we can move on to what is numbered page 3 in the lower right hand corner, a letter from ?4r. ?fifers which raises a number of issues and suggested changes. The first concerns in the license fee. His first suggestion I think is comr.letely appropriate, relativeiy minor. In one case we use in our defi:".i`icn initially his term gross revenues, which is appropriate. Later --n the actual • section of the ordinance specifying the amount of tlne fra.:chi*c, pardon _ me, license fee, we use the term cross a-:r.ual The word annual really serves no purpose and may be confusing. So he suggests you remove annual. And we concur with that recom,-nc-_ndation. The other is a little bit more weighty though and i.t'!z; an expressed by many cable companies and that is, auair;, on what co base the license fee percentage. fir. ~Myers suggest that ycu ;..rirnariiy what we call the ancillary services. The paid television: r,nels, Hone Box _ Office, Home Security Service and other services that %-.-ould come in to play. That is a substantial _)ortior, of the with this cable system now. It may well exceed over 'r:al f t;te Yevenues in time of any cable system. Mr. Plummer: Okay, that's well and :;cod. but you will recall my first conversation at the first workshop, and I want to ma'.-;e sure that the scope of the winning license is clearly define: ,nd hat ar.vthing that is brought up after the award, is an imme�iate re'`:_ur, :<' negotiable item. For example, we know now that Thc'r,' is :h,. :"i.l"-_ it alarm and the fire protection. All right.: It must bc- w_i,, ur, t _ . as far a I'm concerned, that. if it is not incl:der, is tt:e _, i - o: .he art is not sufficient to actually pr'oviiac that the Gc." Cf "ic award, that at such time as the company wants to olrer tfIar tC- thc' pl-i*`lic, that item is renegotiable. Now, we full}' t:r;eer ta:, : :±:cer t-,,-J r::straint.s of FCC it's not going to be for adrliti-,nal oliars. ut th- re are additional things that the City could acc-ul_rc:. r' CCdic'ut(:d :hannel-. The City can acquire other things frog: ..r.e company tc it ter iere with the three to five percent. So it is my demand, reall;•, a:' I ti;ink this Commission's demand that the scope of their operation be predicated on what is of today. Anything new in the future that they want to do or may not, if they want to do it would trigger an immediate renegotiation. Mayor Ferre: For that portion. Mr. Plummer: Whatever is outside of the scope of what they were granted. Mr. Korte: So any addition or deletion of a service would require your prior approval. Mr. Plummer: No. Not prior approval. Renegotiation for additional things to this City. Mr. Korte: well right. That's another way of saying... Mr. Plummer: No, no, no. An approval is we say yes or no, And that's what is understood. Mr. Korte: But you could say yes if you do this. Mr. Plummer: NO, I want the word negotiation. Renegotiation. Father Gibson: Negotiation implies money. Negotiation implies additional money. Mayor Ferre: Don't fight, 28 tat NOVZ 1�80 N Mr, Plummer: Fighting? Yeah, I'm fighting for the City. Mayor Ferre: I'm saying to him don't fight it it's logical. Mr. Plummer: But I want that wz--itten in clearly delineating the scope of the operation and the retriggering of negotiations of they expand beyond that scope. Mayor Ferre: Okay, let's move on. Mr. Korte: All right. Actuallv returning back to the point, may I.assume then th«t it is not your desire any service from the base of the revenue? Mayor Ferre: You bet cha' _ Mr. Korte: The next concerns a provision in the ordinance basically reasserting what you already have which is your right of emminent domain over the cable company under certain conditions. One of the companies has suggested, or Mr. Myers suggested that that clause be removed. it is our opinion, the legal staff that nothing would be lost that is your right of emminent domain would remain regardless so that there would be no loss in removing that particular rovi�ion. Mr. Plummer: Truthfullv, I don't think either argument holds water but let's go to that. Cod forbid that the City should ever take it over _ Mayor Ferre: But it wouldn't be the City taking it over, it would be the City taking it over to re -bid and have somebody else do it. Mr. Plummer: Okay. Mr. Korte: I am now, by the way, on page G in the lower right hand corner, pace 4 of. Y.r. 1-1-ors letter. Item 3 concerns the concern that the one million dollar ($1,000,000) construction bond which is specified is excessive with the suggestion that two hundred and fifteen to three hundred thousand (300,000)... Mayor Ferre: I'm going to interrupt you for a moment because it's quarter after eleven. (AT THIS POINT, THE CITY COMMISSION DISCUSSED WHICH ITEMS WOULD BE TAKEN UP NEXT) Mayor Ferre: Go ahead. Mr. Korte: Okay. We were discussing possibly lowering the construction bond that was required. It is our recommendation that it, in fact, remian at one million dollars ($1,000,000). If anything, other cities have had an even higher amount of bond. A million dollar bond is not that onerous. on a well established company. His next suggestion, item four concerns - the elimination of the letter of credit. We also recommend this change not be accepted. The letter of credit and the company penalties is another enforcement tool for you. Bonds serve some purposes, but most regulation, minor breeches in the ordinance we believe are better served by penalties and letter of credit clause, so it is our recommendation that that not be changed. Item five (5) is a very fundamental question concerning rate regulation. The draft right now provides that the licensee would be, the rates of the licensee would be regulated to the extend permissable by law. And Mr. Myers has put forth an argument whereby you'd be better off not to regulate those rates. So the question is, is it still your desire to ask in the draft now to a certain jurisdiction over the rates of the cable company. The last item really is one we covered earlier on the other memorandum, that of deletion _ of that right to take over the system without caused, we discussed at length. We now turn then to the final letter from Mr. O'Donnel raised a number of suggestions here. One concerns the, again the issue of your decision Tnaking over a change of controlling interest in the company. I think we've already covered that sensibly earlier. His next suggestion, number two is... 29 it NOV 2 6 1980 Mayor Ferre: Wait, wait. And? Mr. Korte: Oh, well, I don't believe that the term control needs to be defined. I think control is very understandable to anyone. That is fifty (50) plus one percent (+l%). Mayor Ferre: It needs better defining, in other words. Mr. Korte: Pardon me? Mayor Ferre: It does need better defining? Mr. Korte: No, in my_ opinion it does not. I think the opinion of myself and your legal staff is that the term control is sufficiently self explanatory and does not need further clarification. We did offer some other clarifications that were discussed a few moments ago. But we do not believe that a change is necessary. Mayor Ferre: Isn't that naive? 1 mean, I can... if you end up with different segments where somebody has...you know, one group has forty-nine percent (49%) and a friend who has nothing to do with a controlling factor, - his three percent (3%) is...isn't that control? Mr. Fosmoen: But how do you ever determine that, 'Mr. Mayor? How do you determine friendship:' Mr. Plummer: Wait a minute, I'm missing something, and I'm sorry. What are we discussing? Mayor Ferre: Definition of control. Mr. Korte: They were discussing definition of controlling interest. Mr. Plummer: Of what? Mr. Korte: A request here has been that we define the term control in controlling interest. Mr. Plummer: Well all we're talking about really is fifty percent (50%) plus one (1). That's a controlling interest. Mr. Korte: That is our position. Mr. Plummer: What is the disagreement? Mr. Korte: Mr. Mayor suggest maybe the possibility of —perhaps Mr. Mayor, could... Mr. Plummer: Maurice, what is your problem there? What is the problem with the definition of control? Mayor Ferre: No, there's no problem. Mr. Korte: Item number two, is not fully explanatory in this memorandum, and I'd like to give you a little bit of background. It concerns, again, the transfer of the system itself. You, your ordinance as drafted now says, you have the decision as to whether to allow that transfer or not. It further goes on to say that if you allow that transfer but it is your opinion that because of the transfer purchase price, that is, the new owners pay two or three times what the uribinal ow-nur illvested in that system, that you would not consider that inflated prig as justification for a rate increase. Mr. Plummer: Well you know, a rate increase stands or: its own. One of the things I'm going to couple that we haven't discussed yet, okay? That any request for a rate increase will also be accomp<.niL-d by a Yull audit. Okay? Now, regardless of what they paid for stock, I don't think — that's our concern, my concern of the transfer of stock is the possible acquisition by some one who the City feels would be an embarrassing 30 NOV 6 mo i st Mr. Plummer (continued) situation. I think that's the best way I can put it. Mr. Korte: I concur with that. Mr. Plummer: Okay. What they pay for their stock or don't pay for their stock is not my concern. Mr. Korte: Commisisoner, may I suggest that it really should be. Let me give you a hypothetical example. Cable system today could be built for three or four hundred dollars. I invest per subscriber. Pursuant to my i.nvestement are entitled to chart rates that would give me a return ,on that invsestment. If I sold that system for one thousand dollars .per subscriber, which is being done today, the new owner, absent anything else, would say all right, I'm entitled to a fair return on that thousand dollars. Let me ur the revenue base upon which return comes from. Mr. Plummer: All right. So what you want to add is the wording that says, that the selling; price cannot be used as a criteria in rate adjustments. Mr. Korte: That's basically what it says now, sir. The suggestion from this gentleman is that that be modified. Mr. Fosmoen: And we don't think it should be. Mr. Plummer: Well look, you know, you completely... people around here, unfortunately forget about one common thing that this United States is great, that's competition. Free enterprise. Okav? Now you say, okay you use the argument you're going to have one licensee. Well maybe that's the case. We might have two, we might have three. But then there's another overriding factor, and that's the Joe Invididual citizen as to whether or not lie feels he wants to purchase or doesn't want to purcnase. He has in his budget that he can afford ten dollars a month but he can't afford twenty. And if they arbitrarily, excuse me, if they inflate their ability to get into the homes, you know, I think they're going to be hurting themselves. I really do. Mr. Fosmoen: But it's ... the difficulty is that the reality is that you're going to have one cable company in town. No one is going to string a another set of wires five years from now. The liklihood is very slim that that would happen. If you... Mr. Plummer: Mr. Fosmoen, they said that in the county and we now have three in the county. Mayor Ferre: In different sections of town. We also have more than one _ phone company in Florida but you don't have more than one phone company in Miami. Mr. Korte: It's extremely rare in the United States that you have overlapping cable systems. Mr. Fosmoen: Therefore, that subscriber really only has one choice and if this Commission permits the purchase price. the selling price of the system to begin to dictate what the rate charge is, then in fact, I geigev� }�'sre doing a disservice to the subscriber and you're eucuurdging tro to be sold at inflated prices. All we're saying is that there should be some reasonable level of control That if you put it in for a dollar, and it's sold for ter, dollars, that inflated price should not be passed on to the subscriber. Mr. Plummer: I agree. Mr. Fosmoen: Well that's where we're at. And the recommendation from one of the companies is that we modify that and we're saying we shouldn't modify it. 31 ist NOV 2 6 1980 Mr. Plummer: Well, you've plugged one loophole if you want to call it. _ But what about fourteen other reasons they comp in for the rate increase. You going to plug them too? Mr. Fosmoen: Then each of those will be determined on their merits. But this could be a major cause for a rate increase. And the company should recognize upfront that you're not going to permit inflated sales prices. Mr. Korte: Item 3 concerns, perhaps I Should re`rer to John to explain this better than I. The recommendation Is no. Let me begin by that. The concern here is that when there is a need to restore public property because of the construction of the cable company or some cause -of the -cable company, it states now it is their responsibility to restore City - property as it was before. Mr. Plummer: Any property. Mr. Korte: City property. Mr. Plummer: Any property that they tear up. Mr. Fosmoen: They'd have to negotiate with the individual owenrs before they can enter private property. Mr. Plummer: Well I understand. But what we're talking about bacially is trenching. Mr. Korte: Trenching, tearing up the sidewalk, streets, any number of possibilities. Mr. Plummer: But what I'm saying is that if they do tear it up, it is their responsibility to restore. Not just the City of Miami but any one's property that they destroy, they shall replace. Mr. Korte: The concern here, sir, is nobody is disr_L;reeing in terms of the financial responsibility. This gentleman, Mr. O'Donnel, is suggesting, however, that in effect, the City supervise and assume the responsibility, I believe I'm representing them correctly, take responsibility for a period of time for restoring and making sure that their property gets restored properly. You would be reimbursed by the company but the company is... Mr. Plummer: No. No. Then you have to go all throe-,;h the bidding procedure that we have to go through. The City in the ultimate is going to make a decision if it comes to that point, whether or not it's been done properly. So that's the control we have. Mr. Korte: I concur- with that. The suggestion though is some modification to that and our recommendation is that you do not accept that modification. Mr. Plummer: In my particular neighborhood, they haven't got any poles to hang on to. Mr. Korte: That need not be your concern. Mr. Plummer: Everything in my neighborhood is all underground Mr. Korte: And it will be the company's responsibility to get it underground. The next item, item four concerns a request, and we believe a reasonable one, to allow a company to instead of a security, pardon me, a letter of credit to establish this fund for penalty purposes, to use some alternative needs, such as posting a cash deposit, or a certificate of deposit with the bank. It is our feeling that that is very reasonable. Your intent simply is to have a fund available upon which you can draw penalties. Hw that fund is established if it is acceptable to your attorney is of less importance. Mr. Plummer: Unrestricted. 32 ist NOV 2 6 1980 9 Mr. Korte: So, we concur with the suggestion that a company be allowed to offer an alternative means as long as it is acceptable to you. Mr. Plummer: Gold is a good alternative. Mr. Korte: Yes, I would concur. Item five is also one we recommend. It concerns... right now, in the draft the City Manager would be in a position of arbitrating a dispute between the customer and the company. With, in accordance with the best interest of the public. That's the language that's in the draft. They are suggesting we add to that also, "The City Manager will give due regard to the respective interest of the subscriber and the licensee." In further language it says, the language it says the Manager should fair. We think that's appropriate. Okay? No disagreement there? The last item, item 6 is redundant. We really, again addressed the matter of termination, your right to...excuse me one moment. It's simply referring to a provision 39A(3) which is redundant to 39(c) in the draft. They are recommending it be deleted, we concurred, it actually cleans up the ordinance somewhat. The final matter that is addressed here is a difficult one. When you exercise your right, if you chose to exercise your right to pruchase the system at fair market value because you revoked the franchise or because you failed to renew that license, the request here is that the term fair market value be clarified and defined. Mr. Plummer: That's by arbitration. Mr. Korte: That is our point. We perhaps could come up with a reasonable definition for fair market value or how to determine fair market value or how to determine a fair market value today, I doubt if it would be valid five years from now or ten years from now and that there... it would be better left to an arbitration should that ever, that instance ever occur. We don't believe that it would be in your best interest or perhaps even the companies to develop a careful definition of fair market value now but it may be inappropriate for you in the future because of the fundamental. changes in the services and values of cable systems. Mr. Plummer: Who knows what tomorrow brings. Mr. Korte: So, that concludes the final three letters that were submitted in the last few days from the applicants and our comments to those request for changes. So, I'm prepared to answer any other questions or issues. Mr. Plummer: Well, I would assume now, that if this Commission in principle will pass those things that have been addressed here today. We will then send it back to staff and to yourself for final draft of the bid proposals. Come back to this Commission on the 17th so that the 18th you can go out and start bidding. You're going to incorporate all this in the ordinance? Mr. Korte: Well, no. Most of these items concern the ordinance. WE've had very few comments on the RFP itself. But it's atotal package... Mr. Plummer: If you set forth in an ordinance, then you will, of course, have to carry it over into the submittal. Mr. Korte: Yes. They are interrelated documents. Yes. Mr. Plummer: Second reading will be on the 17th? Mr. Fosmoen: It was scheduled for today. You know, and we're going to have to do some modificationson it and will bring it back up for the 17th. Mr. Plummer: I think Mr. Manager, you're talking about major changes in some areas to this thing. And I think major changes should be made before we vote on the second reading. 33 ist NOV ? 6 1980 or Mr. Fosmoen: We will incorporate these changes into the ordinance, we will get a second draft out of the RFP's so that on the 17th both the ordinance and the RFP are ready to go. Now, we would hope that this represents, at least for the ordinance purposes, a*cut-off date as of today. You could always issue modifications of the RFP through the bidding period. But for the ordinance, you know, I would prefer not to get six more letters on the 15th of December. _ Mayor Ferre: Well, that being the case though, then I think it would only be fair to permit Mr. O'Donnel, Mr. Myers and 11r. Klausner the opportunity to address the Commission if they so desire. Mr. Fosmoen: Perhaps you'd want to do that this afternoon when -the ordinance was up for consideration. Mayor Ferre: Very good. All right is there anybody here representing any of these organizations or law firms that wishes to address the Commission so we'll know. Your name, sir? (INAUDIBLE BACKGROUND COM!kiENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Why don't you speak into the microphone so we'll have a record. Mr. Matthew Liebowitz: My name is Matthew Liebowitz. I'm an attorney in Hollywood, I represent Warner -Amex. Mayor Ferre: All right, sir. Anybody else? I need your name and address. Anybody else want to address the Comnisson? Mr. Robert Klausner: Robert Klausner, representing Storer Broadcasting. Mayor Ferre: All right, sir. Then we will hear from you this afternoon when we get into the reading of the ordinance. Before the reading we'll permit you time to mLke your statement, or address the Commission. Mr. Fosmoen: "Ir. Mayor, in fact, we probably will not read the ordinance since it's on for second reading. It would be deferred until the 17th. M;�yor Ferre: Is ... it's up for second reading. Mr. Fosmoen: Yes,sir. The first reading which gave the cable companies an opportunity to respond... Mayor Ferre: Let me ask you a question. Once we pass the ordinance on second reading does it go into effect immediately or is it thirty (30) days? Mr. Fosmoen: Thirty days. Mayor Ferre: If we were to pass the ordinance..I see. There's no saving of time anyway because if we amend it on the 17th, thirty (30 days would... okay. Mr. Plummer: Well it really in effect has no bearing, Mr. Mayor because the ordinance does not preclude finalization of the bid to go out. And that's ninety (90) days. Mayor Ferre: Okay. I've got no problem. All right then we'll just be discussing it this afternoon. 4 NOV ? 6 1980 5. ALLOCATE $11500.00 TO LEAGUE'AGAINST CM,CER FOR PRO:IOTION, Mayor Ferre: We will take up item number "0", and Mr. Lacasa. Mr. Lacasa: Mr Mayor, what I'm requesting is that the League Against Cancer which we all know is a non-profit organization which main purpose is to help the cancer patient who has no resources, and whose means of support are basically voluntary contributions, membership, memorial grants, and the basic source of income once a year is a tele-marathon which is sponsored by the League with Channel 23 and almost every single civic institution in this community. And this year, they used the facilties of the Dinner Frey Auditorium, the Coconut Grove Expo Center. And actually, what there is is an outstanding fee of eighteen hundred dollars ($1,800.00) and what I am proposing that the City waive that as a contribution. Mr. Plummer: No, no. I will not vote for that. Mayor Ferre: You understand that they have to pay for insurance and the police and cleaning and all that. Mr. Fosmoen: t,:e have a Commission policy on fee waivers. They would normally pay eighteen hundred dollars ($1,800.00). The commission policy provides for fifty percent (50%) fee waiver and the use of the auditorium. So if you grant a full waiver you are in fact changing your policy and it's going to come back several times. Mayor Ferre: All right, Plummer, solve the problem. Mr. Plummer: Mr Mayor Mr. Lacasa makes a motion that the League, the Women's League Against Cancer be given eighteen hundred dollars ($1,800.00) for promotional. Mayor Ferre: Is there a second to that motion? Mr. Plummer: I second his motion. Mayor Ferre: All right, further discssion? Call the roll. The following motion was introduced by Commissioner Lacasa,who moved its adoption: MOTION NO. 80-838 A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,800.00 TO THE LEAGUE AGAINST CANCER FOR PROMOTIONAL PURPOSES CONCERNING THEIR EVENT SCHEDULED TO TAKE PLACE AT THE COCONUT GROVE EXHIBITION CENTER Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner. Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 35 NOV ? 6 1980 I f 6. DISCUSSION ITE2-1: MANAGE11ENT AGREEPiENT - ;fIA:iARINA New World Marinas Inc. Mayor Ferre: All. right, we're not on item number "C" which is discussion of the management agreement for Miamarina with the New World Marinas Inc. Mr. Fosmoen: Mr. Mayor, we have received two appraisals on the management _agreement with Miamarina. Both appraisals indicate that under -the current proposed contract the City would not receive a fair return. This issue has been around for some time and I'm bringing it to your attention with a recommendation that we attempt one more renegotiation with New World Center Marinas. If we are not successful in renegotiating a contract which meets the minimum requirements as laid out by the appraisers, that we go out for new bids. Mayor Ferre: Tom, I assume you want to address that issue or is that acceptable... Mr. Plummer: Only if he disagrees. Mr. Tom Post: We have no problem at all in working with the City and negotiate anything that is agreeable. The only thing that we find difficulty with the appraisals that were submitted is, principally, the method by which the appraisers looked at the contracts. And 1 would just point out that the Peat Marwick Mitchell study makes two assumptions. The basic assumption is that the City will increase the dockage rates at the marina every year during the length of our contract by twenty percent 20%). That was never contemplated by us. I'm certain that is was never - contemplated by the City Commission or the Waterfront bo;� rd. Mayor Ferre: Tom, let me tell you. You may be ot,e hundred percent (100%) right, but that's really, you know, hitting your head against a brick wall. We have a... Mr. Post: We're perfectly willing to go back and look at it again with the City and let the City go out and get a couple more appraisals. Mayor Ferre: We have a Charter amendment which the people accepted and this is the process. And you know, two appraisals came in and they said that this is not a fair deal. Mr. Plummer: Well Mr. Mayor, you know I've been very strong on that and I will continue to be. But let tell you..: what T'n, hearing here. I'm hearing here that the appraisers were poorly instructed as to what the Charter amendment spoke to. And I think that that is where in the future it has got to be clearly delineated in the scope of their contract that what they are to do and not deviate out of the realm of what is called for in the Charter amendment. Mr. Post: That's exactly what we would request. - Mr. Fosmoen: Mr. Mayor and members of the Commission, there are some comments in the Peat Marwick evaluation, if you will, -of the contract that go beyond minimum returns to the City. One appraiser, Real Estate Research spoke principally to minimum returns to the City, did not speak to the structure of the contract. And I believe that we should look to Real Estate Research's continents and use those as a princiale base for attempting to negotiate with New World rather than Peat Marwick's evaluation of the contract which recommended a whole restructuring of the arrangement. Mr. Plummer: That's where this thing is going to fall out completely. I think, you know, look I don't care how you set up the criteria as long as it is fair and equitable across the board. And of course, paramount 36 ist NOV ? 6 1980 R Mr. Plummer (continued): that the City is protected. All right? But I think that what we have found, if you read the contracts in relation to Dinner Key, each one of those appraisers had to put his little twist in as to what he thought. Well one of them did, okay? Now, I think there should be established by the administration a criteria of the scope of the contract. If the appraiser iaishes to make comments outside of the contract, that it be done so, but that his appraisal and recommendation be done on.the scope of what is requested. Mr. Fosmoen: Commissioner, we have been in this same difficulty since the Charter amendment was passed with three (3) contracts, Dinner Key, Miamarina, and Monte Trainers proposal on the Bayshore property because those three (3) contrtacts had been negotiated prior to the Charter amendment. We have had an experience recently of the system working properly and that's over ' at Marine Stadium where the appraisers told us up front, before the contract .was ever negotiated what a fair market return was. And that's the basis on which people bid. So, you know, this is the last, this and Trainers will be the last two that we have to go through the appraisers attempting to evaluate something after the fact. They'll be in telling us before the fact what a fair return is. Mr. Plummer: Well, you're not taking an assumption that says that we're not going to have any more contracts to negotiate. Mr. Fosmoen: Oh, absolutely not, sir. But the appraisers evaluation of a fair return will be done before the contract rather than as an after thought which is the case of Miamarina. Mr. Plummer: All right. So we're going to send Miamarina back to you... Mr. Fomoen: Back to us. we're going to try and sit down with Mr. Post, negotiate... Mr. Plummer: Let's try to get it done by the next meeting. Mr. Fosmoen: I'm looking at January, sir. Mr. Plummer: Let's look at the next meeting. Mr. Fosmoen: I'll try. Father Gibson: Yeah they have been long and patient. Mr. Post: That's fine with us. The only thing that we ask is that the City use the real figures. The audited figures from the City, and that you use the real contract and that we not have extrapolations into the future of rate increases and occupancies which aren't there. That's the only thing. We'd be happy to continue to negotiate with the City to try to do it. We've been working for two years and we're... Mr. Plummer: Next item. Father Gibson: That's all two years? I thought it was longer than that. Mr. Post: It's a little bit longer than that, Father. It's two and a half years (2 1/2). Thank you. _ Mayor Ferre: All right, is there anything else, Tom? Mr. Fosmoen: If you accept that sequence of events, we'll be back in either with a negotiated contract that meets the appraisers requirements or a recommendation to go out for new bids. Mayor Ferre: All right, there's no action needed is there? Mr. Fosmoen: NO, sir. 37 NOV 2 61980 4 7. DISCUSSION ITEM: REiOVATION OF DOCKSIDE RESTAURANT-MIAMARINA Mayor Ferre: We're now on "D" which is renovation of the Dockside Terrace at Miamarina by Restaurant Associates. Mr. Fosmoen: This is a proposal from Dockside Terrace. Lie have a couple of sketches. Bill, would you hold those up, please. -Mayor Ferre: Well as I understand it, all you really want to do is just extend the dockside so they can have a... Mr. Fosmeon: Yes, there is some sketches that provides... Mayor Ferre: So they can have a bar service and more... Mr. Fosmoen: ...That provides for a bar service. Mayor Ferre: Are you going to put an awning over it? Mr. Fosmoen: Yes. It's within their ... within the scope of their current contract. But before we do renovations to buildings, I want this... Mr. Lacasa: I really welcome that. That is the kind of thing that we should have all over the City of Miami near the waterfront. Mr. Plummer: [;ell. but you know, wait a minute. You know what's good? Did Tom Post leave? Mayor Ferre: Mr. Post? Mr. Fosmoen: Yes he has. Mr. Plummer: All right. Let me tell you what. You know, back before I got myself involved in politics I did a lot of boating. It's my - understanding that there are no provisions at this time, for boats to tie up and use the restaurant. Mr. Fosmoen: There are about two (2) or three (3) spaces available, Commissioner. Three spaces. Mr. Plummer: Well Mr. Fosmoen, I want to tell you something. Every dollar spent in that restaurant, this City is the recipient of how many percent of that? Mr. Fosmoen: I. think five (S) to seven and a half percent (7 1/2%). Mr. Plummer: I want to tell you that back in those days when there was adequate room to park a boat around there, I went there almost every time a I went out in my boat. Then the City changed the policy and they said no more. Okay? Which means I couldn't go there any more. Now what I'm saying is, and I hope you're talking in the Marina... Mr. Post: "oi�L.Assioner, we've just talked outside. We're in full agreement about bringing people down there and getting that thing to run like you'd like to like it to run and we're ready to do it tomorrow if they'd let us do it. Mayor Ferre: but that's not the point. I mean that's all very well and fine and I agree abd U'm with you. But that's not the point. I think the point of all this is that this is a restaurant company that has a contract. They want to extend the scope within their contract possibilities so that they can have more beats and more customers. 38 ist NOV 2 61980 Mr. Plummer: Well how is this expanding the scope? Mayor Ferre: And that does not address the point one way or the other. I _ think Plummer's point is a valid point and I subscribe to it but that's got nothing to do with this. Mr. Plummer: But I still don't see what the expansion of the scope is. That they're just putting more tables and chairs where they can handle more customers? Mayor Ferre: Would you please put that thing down on the floor so that Plummer can see the plan? �..Mr. Lacasa: But of course, and it gives more of an outside feeling to the restaurant and that's... Mr. Plummer: The outside feeling, Mr. Lacasa, is not written into the contract. I'm asking what is, why is this thing... Mr. Fosmoen: It's permissable within the scope of their contract. It is for your information today so that you know what's happening to your buildings in this City, Commissioner. Mr. Plummer: It's going to enhance our revenue, right? Mayor Ferre: Of course. Mr. Fosmoen: There's no question about it. Mayor Ferre: They're adding all those...all those little blue boxes are people drinking beer, wine and paying hopefully, substantial tabs. UNIDENTIFIED SPEAKER: We're adding thirty (30) to forty (40) spaces is what it amounts to. We expect to generate about sixty thousand dollars ($60,000) in this area alone. Mr. Plummer: 1 would hope you could double it. Mayor Ferre: Okay. I'll be happy with anything you car, get. Thank you very much for informing us and I hope things look better. Okay. 3. DISCUSSION ITDI: KANAGENEAT AGREKMENT - DlNi�ER KEY Biscayne Recreation, Inc. Continued Later This Same ?:feting Mayor Ferre: We're on item "E". Mr. Fosmoen: Mr. Mayor, as you know on the Dinner Key Management agreement, we had previously received two appraisals. One from Peat Marwick, the other one from Real Estate Research. One appraisal said we were getting a fair return, the other said we were not. In order to break that log jam, and at the really, direction of the court, we went out and obtained a third appraisal from Mr. Quinlavin. The third appraiser has indicated that based on the contract that has been before this Commission, that we are getting a fair return, and therefore, we are recommending that I be directed or authorized to execute that management agreement with Dinner Key Marina Management Company. And perhaps we can bring to a conclusion a four (4) year process. Father Gibson: Mr. Mayor, I certainly want to have the honor of making that motion knowing the hell I caught, and have been on that matter. Mayor Ferre: For the last what? Five years? 39 ist N 0 V 2, 61980 rT ` ether Gibson: Yes, site Mr. Plummer: Well Mr. Mayor, I hope we're not going to pass over this lightly. Mayor Ferre: NO, you can take as much time as you want. Mr. Plummer: Well Mr. Mayor, I find some major changes in the scope that has not been brought to this Commission's attention. Mr. Fosmoen: The scope of the contract? Mr. Plummer: Yes, sir. -Mr. Fosmoen: With Dinner Key Management Company? Mr. Plummer: Yes, sir. In relation to fuel, in relation to the improvements, in relation to the number of slips. Mr. Fosmoen: Those have been discussed before this Commission on previous occasions. Mr. Plummer: When did the fuel rate go up? Mr. Fosmoen: In response to a request from this Commission. Commissioner, I can't remember the exact date but it was last Spring some time when this was last up. Mr. Plummer: It was not at this rate. Mr. Fosmoen: It increased the rate. Mr. Plummer: That's subsequent to the approval of the Commission. Mr. Fosmoen: The original rates, I believe I've communicated this to you previously in memorandum form, but the original rate was once one and a half cents and we have converted that to the equivalent to three percent so that it floats with the price of gasoline rather than simply being locked into one a half cents on the gallon. Mr. Plummer: Yeah, but what I'm saying, Mr. Fosmoen, is this has changed since the approval of the Commission. Mr. Fosmoen: And those changes have been previously brought to your attention, Commissioner. nor example, we have put a cap on the percentage of profit that the company could share in, of a hundred thousand dollars ($100,000). Previously, Commissioner, they could share in fifty percent (50%) of the profit. The company agreed to limit that to one hundred thousand dollars $100,000) which is a major improvement in for the City. Mr. Carollo: If I may interrupt for a second. Will the owner of the vehicle that is blocking the car from Channel 4 please come up. A mustang. Mr. Fosmoen: Those changes, Cormissioner, were discussed with you when we limited the cap on sharing, the profit to one hundred thousand dollars. Mr. Plummer: Mr. Fosmoen, what. I'ni really saying is this, these changes have occurred since the first two appraisals. Okay? Mr. Fosmoen: Some of them were in response to the appraisals and they have been discussed with the Conmiission. That's absolutely correct. And they are an improvement_ for the City. Mr. Pluamier: I don't disagree. but heree again, let me go back to my statement that I made in reference to Miamarina. Set the rules, whatever is fair and equitable across the board. In my estimation, you stand now with only one appraisal that has been done on the rules as they exist today. Mr. Fosmoen: I'm afraid that I would have to disagree, Commissioner. m ' iet NOV 261980 Mr. Plummer: That's what makes ball games. Mr. Fosmoen: We had two appraisals done. One said we were receiving a fair return, the other said we were not. In an effort... Mr. Plummer: Not on these criteria. Mr. Fosmoen: In an effort, the first time around to have two appraisals that said we were getting a fair return,there were changes made to the contract. Mr. Plummer: Right. After the appraisal. Mr. Fosmoon: Absolutely. And it was an improvement to the contract, .. Commissioner. And we attempted to convince Peat Marwick that with those -changes we were not getting, in their opinion a fair return. We were not accomplish that. We ended up in court and the judge said go get a third appraiser. We had one appraisal based on the previous contract that said we were getting a fair return. We have made improvements to that contract. We now have another appraiser that says we have a fair return to the City. We therefore, have two appraisals that say we are getting a fair return. We are therefore, recommending we finally adopt this management agreement. Mr. Plummer: Mr. Fosmoen, in my estimation, sir, you have one appraisal on the current criteria that is before us. Mr. Fosmoen: Commissioner, if one appraiser previously agreed that we were getting a fair return and we have now improved the contract for the City, it would seem reasonable to conclude that he would agree again that we are getting a fair return. Mr. Plummer: No one has ever accused me of being reasonable. Mayor Ferre: J. L., it's almost twelve. Now, okay, it's almost twelve and I would assume that they're probably three votes for this now. If you want to... Mr. Plummer: Mr. Mayor, I'm not going to... Mayor Ferre: Do you want to take it on this afternoon and go onto further questions? Mr. Plummer: If the three votes are there, proceed. Mayor Ferre: Let's see if there are, I don't know. Mr. Plummer: Two out of three? Mr. Carollo: Of course they are. Mr. John Thomas: I'm John Thomas and I'm an attorny representing Dade Miami Marinas Association, Inc. I was asked to be a spokesman, that the association be allowed to speak this afternoon. Perhaps, I would like to have a few minutes to speak on it. Mr. Plummer: Well it is scheduled for item 15 on the agenda. - Mr. Lacasa: Do you think that the association will have something new to contribute to this situation other than the several times that we have been in public hearings and listened to the same arguments over and over again? I mean... Mr. Thomas: Well this point is on the appraisal that will be before you... Mayor Ferre: Fine. I think you're entitled to to that. I've got no problems and we'll then take this, we will not vote on this until you have that opportunity this afternoon. Mr. Carollo: We'll put the rubber stamps away now. 41 ist Nov 2 6 1980 4 Mayor Ferre: Is there anything else on that issue? 9. RENAL iE DIME PARK IlN hONOR OF THEODORE R. GIBSON Mayor Ferre: All right, we're going to break in a second. Before we go, there's a resolution somewhere in here, would you tell me what number it is? On the renaming of the Park. Mr. Plummer: Gibson Park. Mayor Ferre: Yes. There's a number. Mr. Plummer: Thirty-one (31). Mayor Ferre: Thirty-two. Mr. Plummer: I move it with great pleasure. Mayor Ferre: All right, Plummer moves item 32... Mr. Lacasa: Second. Mayor Ferre: ...Lacasa seconds. Further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-839 A RESOLUTION RENAMING THE CITY OF MIAMI DIRIE PARK, AT 401 N.W. 12TH STREET, THE "THEODORE R. GIBSON PARK", IN RECOGNITION AND HONOR OF HIS DISTINGUISHED SERVICE IN GOVERNMENT AND TO THE CITIZENS OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ABSTAINING: Commissioner (Rev.) Theodore R. Gibson 42 lilt NOV 2 6 1980 0 1.0. ELECT THEODORE R. GIBSON VICE -MAYOR OF THE CITY OF MIAMI Mayor Ferre: Mr. Carollo, even though you may not want to vote on this, we're going to vote on the Vice -Mayor in a moment so you may want to return and we'll let you vote on this item if you wish to. At this time, we're going to also decide, and as I recall, Father Gibson is next in line for the vice-mayorship. Is there a motion? Mr. Plummer: Mr. Mayor, the tradition of this Commission has always been the rotation of the vice-mayorship. I have seen the record. Father Gibson was last vice -mayor in 1977. It is the fourth year. It appropriately would go to Father Gibson this year, this coming year and I so move. Mr. Lacasa: Second. Mayor Ferre: There is a motion and there is a second. Is there further discussion? Mr. Carollo: Yes, there is, Mr. Mayor. Mayor Ferre: All right, Mr. Carollo. Mr. Carollo: I just want to make a very short statement, and to the point. Since it is the policy of the Commission, should I say the tradition of the Commission has been indeed to rotate, in 1975 Mr. Plummer had it. In 1976 Airs. Gordon, whose seat I presently hold had the vice-mayorship. In 1977 Commissioner Gibson had it. In 1978 Commissioner- Reboso had it when he resigned in 1979 Commissioner Plummer had it again, and of course, for 1980 Commissioner Lacasa had it. If I am correct, everyone on this Commission has had it except myself now. Let me state for the record, that I am not interested in being given a token title of a vice-mayorship, and in fact, it it weren't for me bringing it out to our attorney this morning, our attorney is being paid fifty-seven thousand plus dollars a year, no one would have noticed that we had been in violation of the City Charter. The City Charter states that on the first Wednesday of November, we shall elect the new vice -mayor. I just want to say for the record, so the public would know, that's the only concern that I have, the public, lot what any given member of this Commission thinks or feels. The truth of the matter is, that in the tradition the City of Miami had, it is my turn now to be the Vice -mayor. I do not want it, I don't need a token title. Gentlemen, if you all can hold a kangaroo court and make sure that this Commissioner which you so much dislike does not get it, go ahead with your circus. Mr. Plummer: Mr. Mayor, for the record, and I'm not defending the City Attorney. I. was mistaken. It had been my impression that it was always the first week in December. I remember the three times that I have served as vice -mayor, that it was bestowed upon me on my birthday which happens to be the first week in December. And for that reason, under that assumption, is why it was not scheduled before today. Even this morning, I had to stand corrected before the City Attorney because I thought it was the first week in December. Mayor Ferre: Let me tell you, and I've been here, like you, for a long time. I've been here for thirteen (13) years. I was absent two year, but in the 13 years that I've been observing this process what happens is that the decision is made in November at either the day after run-off, the day after the election or the day after the run-off which is two weeks later. But it is effective as of December the 1st. That's the way we've always done it. So I don't see any reason not to do it that way. Wes' ist NOV 2 6 i980 01__S Mayor Ferre (continued): The only reason why this matter comes up today other than Carollo bringing it up is that, and I would have brought it up anyway because of the fact that today we're inaugurating Gibson Park. And I thought it would be appropriate that we did it while he was vice -mayor so that we could put on the plaque in the park at the day of the...and if not, make the plaque over again. With all due respects to Armando, that it says Theodore Gibson, Vice -Mayor if the City of Miami. That's the only reason why this becomes of any importance today. Mr. Plummer: I'd like to make an amendment to the motion that anyone who has served in that capacity for three years be made vice-mayor.emeritus and I will relinquish my term of one year in the future if you -4ake me vice mayor emeritus. -Mayor Ferre: Well I think... Mr. Plummer: I didn't ' hear a second to that. (LAUGHTER). Mayor Ferre: I think the point in all of this, and it must be stated for the record also because of the rather violent accusation of our rather violent member of the Commission, that the this was all unfair. The fact is, that Gibson was supposed to be the Vice -Mayor last year and Gibson very graciously consented to permit Armando Lacasa to be the Vice -mayor and that was a typical generous act on Father Gibsons part. And certainly that doesn't mean that fie didn't want to be vice -mayor except that he had the courtesy at the request of Lacasa to be vice -mayor. Now, for that, of course, rather than gratitude, you end up getting up castigation which of course, no body else concurs with. But Father, on behalf of all of us, our thanks for having done what you did Last year. And certainly, this is without any question, your turn. Mr. Lacasa: 1 think, Father, it's incumbent upon me to apologize for whatever inconvenience you are position towards me last year has caused you this year and I hope that you will forgive this distasteful... Father Gibson: 'Mr. ;Mayor, Mr. Lacasa, and Mr. Plummer, I understand. Mr. Piurrmer: Speaking as vice -mayor emeritus, my condolences is that a you get to do everything that Ferre can't do. (LAUGHTER). Mayor Ferre: Okay. With that, without any further digs, let's vote on this. Please call the roll. And this is effectively immediately so that when we inaugurate the park it would be as Vice -Mayor. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-840 A RESOLUTION ELECTING AND APPOINTING COMMISSIONER (REV.) THEODORE R. GIBSON AS VICE -MAYOR OF THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and oD file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ABSTAINING: Commissioner (Rev.) Theodore R. Gibson WA � NOV 2 61980 FOLLOWING ROLL CALL: Mayor Ferre: One last thing into the record, so that we understand. Theme is no obligation on this City Commission's part to make anybody vice -mayor. 'de have a tradition... Mr. Plummer: No, no. The Charter says there shall be Mayor Ferre: A rotation? Mr. Plummer: No, it says there shall be a vice -mayor. Mayor Ferre: No, sir. Hear my statement again. I'll repeat it in the same way. There is no Charter obligation to make anybody in particular the vice -mayor. It is up to the wisdom of this Commission, and I think this Commission has chosen very wisely. THEREUPON, THE CITY COMMISSION WENT INTO A LUNCH RECESS AT 12:05 P.M., reconvening at 2:30 P.M., with all members of the Commission found to be present except for: Commissioner Joe Carollo Vice -Mayor Armando Lacasa 11. PLAQUES, PROCLAMATIONS Anil SPECIAL ITEMS 1. Presentation of a PROCLWATION to DR. C. GILLON WARD, Director, University of Miami/Jackson Memorial Burn Center, designating November 26, 1980, as 1WJM BURN CENTER DAY. 2. Presentation of CCI,tENTATIONS to local corporations, banking institutions, hotels and airlines which participated in the Miami Image'80 project which brought 26 journalists from Latin America and the Caribbean to Hiami to become familiarized with our city's potential and economic vitality: Tan Airlines Biscayne Bank BuTdines Burger King Corporation Editorial Americas Jordan Marsh Republic National Bank of Miami Marina Park Hotel Everglades Hotel Pan Am Braniff International TACA International Airlines Dominicana Airlines LAN -Chile Aeromexico Mexicana Avianca Eastern Airlines 3. Presentation of a CCtIENUATION to Officer Juan Carmenate, for his excellent demonstration of skills, alertness, and initiative on behalf of the City of Miami's Police Department and our carmunity. 5 4 r NOV 2 61980 (""11 l"__ . i Brief Discussion and Temporary Deferral of REQUEST BY NTATtI FOOTBALL LFAGUF FOR SUPPO°.T TO I.ATTPLF 12' FOOTBALL IN PVF.''.TOI71 AnFA. Mayor Ferre: Go ahead. What you're requesting, as I understand, is support to the league in an effort to provide organized activities in the Overtown area. Does this include money? Mr. Charles F. Johnson: Yes, sir it does. Mayor Ferre: How much money will it include? Mr. Johnson: It's approximately one thousand dollars ($1,000.00) Mr. Mayor. The problem is that we, there exists a football league, the Miami Football League which has teams in a number of the areas within the City of Miami. - The participants in this league number about three to five hundred (3-500) young men between the ages of approximately sixteen (16) to twenty—five (25). They have chosen to expend energies with the league rather than in other activities. I noted with some interest the dedication of the Theodore Gibson Park ... Mayor Ferre; I didn't see you doing any of those splits. Mr. Johnson: Theodore Gibson Park today. You know it's always nice to put a beautiful concrete facility such as that, but the thing that really makes it a meaningful situation is to have meaningful activities that the people want to be involved in that go on to those parks. This Miami Football League is that type of activity. Its current goals are to handle football in that area. We are asking in this particular petition that we be granted funds from the Quality of Life Fund to defray the expenses for the next two games. Approximately one thousand dollars ($1,000.00) a game. Mayor Ferre: What's the time constaint of all of this? Mr. Johnson: It needs to be done as quickly as possible. Mayor Ferre: No, no. What I'm saying is if we refer to the Manager for conclusion by December l7th, is that sufficient time? Mr. Johnson: We would like to have ... we have a problem with December 6th at this point in time, your honor. We have a game scheduled for that night and we need funds to defray the cost of marking the field, utilities, lighting, that kind of thing. Mayor Ferre: Mr. Manager. Mr. Fosmoen: Mr. Mayor, I was handed the budget approximately thirty (30) seconds ago. We'd be happy to try and work with.. Mayor Ferre: All right, Let's do this. Could you assign somebody now while they are here to sit down and then in maybe an hour or so, or half hour we'll come back and bring it up. Mr. Fosmoen: Al Howard is here. Mayor Ferre: Mr. Howard, would you meet with them and see if you can... I would also like to volunteer for the league J. L. Plummer. Is this hard football or touch football? a Mr. Johnson: This is hard football. Mayor Ferre: I'd like to volunteer J. L. Plummer for the... (LAUGHTER) 46 ist NOV 2 6 1980 y Mr. Plummer: You're damn right. Don't send no patsy over there. (LAUGHTER) Mr. Johnson: Some of the league members will be glad to have him as a target. (LAUGHTER) AT THIS PO(NT, THTS ITEM TS TER11,1110RARY DEFERRED. 13. EXTEND HOURS FOR LIQUOR STORES O'y SUNDAYS FOR DECEMBER ALSO DURING TIIP. CHRTS'1T�IAS AND NI'V YEAR HOLIDAYS. Mayor Ferre: I move. item 3. Mayor Ferre: All right, there is a motion on item 3, seconded. Further discussion? Call the roll on item 3. The following motion was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-841 A MOTION GRANTING CERTAIN EXTENSIONS IN PERMITTED HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES DURING THE CHRISTTiAS AND NEW YEAR HOLIDAYS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Armando Lacasa OF INVENT TO GRA,"'T 10Q INCREASE FOR JITi;EYS (See Later Ordinance Sams ,;ceting) Mr. Plummer: Has this been done, Sergeant Campbell, by the departmen�_? Mayor Ferre: Name and address. Mr. John B. Evans: John B. Evans. And we want a (INAUDIBLE COMMENT SPOKEN AWAY FROM THE PUBLIC RECORD) Mr. Plummer: How long since you've had a rate increase? Mr. Evans: About three (3) years. Mr. Plummer: Three years(3). How much are you charging now? Mr. Evans: (INAUDIBLE BACKGROUND COMMENT SPOKEN AWAY FROM THE PUBLIC RECORD). Mr. Plummer: And you're asking to raise to to fifty-five (55)? Mr. Evans: No, sixty (60. j 47 NOV 2 6 1980 ri Mr. Plummer: You said ten percent. (INAUDIBLE BACKGROUND COMMENT SPOKEN AWAY FROM THE PUBLIC RECORD) Mr. Plummer: Oh, ten cents (10(). I move item 3(a). Mayor Ferre: There is a motion... Father Gibson: Second. Mayor Ferre: ...and a second. Further discussion? Do we need to have a public hearing and all that kind of stuff? Mr. Plummer: Well I don't know. Does it require a public hearing, Mr. City Attorney? Mr. Knox: No, sir. You merely ... you have the power to set rates and you just do it by resolution. Mr. Fosmoen: It's for everyone. Mr. Plummer: It's still cheaper than Metro. Mayor Ferre: Any discussion on this? Mr. Plummer: Well wait a minute. O'Brien" Do you have a problem with this item? They're asking for a ten cents increase. Sgt. John O'Brien: John O'brien, City of Miami Police Department, Taxi _ Detail. It's my anderstandini,, that they've had a rate increase as soon as a year and a half ago. Now the correct new City ordinances do not reflect the current increase that's charged by jitneys which is fifty cents (500. It still shows thirty-five cents (350. They want from fifty to sixty. Mr. Plummer: You know, hey. Even it it's true that it was a year and a half ago, God knows their expenses, like everybody else, are ten cents is not to me out of line. It's fifteen cents cheaper than Metro. Mayor Ferre: Further discussion? Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-842 A MOTION GRANTING A REQUEST FOR A TEN CENT ($0.10) INCREASE FOR LIBERTY CITY JITNEYS (See Later Formalized Ordinance No. 9210) Upon being seconded by Father Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Caro.l.lo _ Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Armando Lacasa 59 ist 15. DISCUSSION OF HELICOYTEI S FUf: POLICL USE AND Al.i.liCAit�. ;S9,000 FOR CERTALv ITEMS :�LCESSARY FOE IMPLEMENTAT i'00 Oi' "POLICE hl"LICOPTER PROGRAM" Mayor Ferre: Discussion of helicopters on Watson; Island. Mr. Gerstein. Mr. Ter Keurst: Good afternoon .main. Our position oti the police situation is very positive. We think we can do a k,00d job iur t.'nc City. -Mr. Ongie: Your narnle and address, please sir. Mr. Ter Keurst: 0h, I'm sorry. name is "Ir. Ter keut st., Bill Ter Keurst, Dade Helicopters, 1050 McArthur Causeway. We feel as thuu};h we can do a good job on th thing and are anxious to get startc;c on it. We also feel as though Elie entire service should, be furnished b,; th` c_cmpanies, that all of tiie companies should be required to actua'11Y dcLiver the time that they have committed to instead of just one ort_i,;c, like it has been in the past, and that the City could utilize these- back time as well as the time in the future especially at this time of tine �'uar. We also feel that the service that has been contracted for riut unly inciur,e the air craft but they include the pilots and everythinh as wel i. And that has been di5clls5ed to use police cttictrs as pilots. lr't_ _ust feel, that very irankly, they could be better used on the 5truet instead of putting, two policemen on an air craft. Mr. Fosmoen: The Co^,mission may wish to look ut itu;i 1 (a) which relates to the use oi' police Helicopters, helicopters for police surveillance. It relates tot.hi.leer. It' s the adr;inistrLit ions r( ion that we insist th;t each of the helicopter services at Watson l:;land provide their full allocation e time and that we usc> nine thous and d01ij;e:; ($9,000) of that two trillion dollar ($2,000,000) set aside for public safety purposes, to bu,� equipment and so fort:, that woulu p `n"r:i t i;,c: o; the. helicopters. If a particular cor::parry does not make t1a t.irr,,, :Jvciilable, -- or the services available in a timely fashion, we wuul(_'. thee;, of course, recommend that their use agree-ment for Watson I. -;land be terminated, and we would eventually, if that persists, we would go) out. for an exclusive provider of helicopter service on Watson Island. I Mayor. Ferre: Would you make sure that that's documented? Mr. Fosmoen: Yes, sir we certainly will. Mayor Ferre: Anybody: else? Mr. Plutmner: Mr. Mayor, I just want to make the record clear that that which we are entering into now are hours that in title past have gone for naught. They were not used. Each operator is obligated to the City for one hundred and twenty (120) hours of helicopter time at one hundred and forty—five dollars ($145) per hour, is their contrrIct. We have only been utilizing approximately ten percent (10%) of tl::,t t irr.r in the past. What I suggested before and am hopefull will pass today, is that the other ninety percent (90%) of that time, which by tii,> w: , , Most of it runs out the 31st of December, can be utilized during, this t:l:ri,;tuus period as a trial basis. And that way, I think the nine: tLOtl-and LiGllars ($9,000) we will. spend for the little equipment that is nee:ie,i wi1.'. b,= money well spent. So, I am very happy. I have seen helicopter operate for police in other cities. It has been most beneficial. and I'm sure it will prove to be such here. So Mr. Mayor, I would move irew 15(a), if it's appropriate. Mayor Ferre: Let's let them all speak and then I'll recognize you. Mr. Plummer: Oh, I"m sorry. 49 ist NOV 2 619J80 1 Mr. Richard E. Gerstein: Mr. Mayor, Richard E. Gerstein. Mr. Ter Keurst, and on his behalf, we are prepared to live up to that commitment. We would request that you make inquiry of the other operators as to their commitment to fulfill that obligation. Mayor Ferre: Absolutely. I think it should really be put on the record and/or in writing. So that if the others are not willing to live up to that we know that up front. Yes, sir. Mr. James Dillon: Commissioners, I'm James Dillion from McDonald and McDonald. And I represent the other operators, Crescent, Miami Helicopters and Skylark. -Mr. Plummer: That's three. Mr. Dillion: That's three. Mr. Plummer: Well then you don't represent all the rest of the operators because there are six I'm told. Mr. Dillion: There stands the rest of them. Mr. Plummer: You two companies or one? UNIDENTIFIED SPEAKER: Three. Mr. Ter Keurst: No, sir. We have two. We have the blimp base agreement plus the Dade Helicopter agreement for the heliport. Mr. Plummer: 1 stand corrected. Mr. Ter Keurst: My wife owns the Tropical agreement. Mr. Dillion: In a sense there are six (6). I don't know whether Mr. Ter Keurst has addressed it, but the Watson Island Helicopter, as the agenda item reads, certainly must include what ised to be called the Goodyear Blimp Base and what used to be called the Watson Island Heliport. There are six operators there. Five at one place, and there is a use agreement between Dade Helicopter Service for the blimp base. Mr. Plummer: Mr. Mayor, the item which this gentleman is referring to is a (b) portion which is scheduled for the meeting of December 17th. Mr. Dillon: I beg your pardon, Commissioner. Item "J" on the agenda today says discussion of helicopters at Watson Island. Mr. Plummer: Yes, sir that is correct. Mr. Dillon: And that includes six. (6) operators on Watson Island. Mr. Plummer: That is correct. Mr. Dillon: Five at the former helicopter base, if you will, and one at the former blimp base, if you will. Mr. Plummer: That's incorrect, sir. We're not discussing that today. we will discuss that matter on the 17th of December. Today the only thing we're discussing on helicopters on Watson Island is that which they owe us in time which is what they pay as a rental fee. Mr. Dillon: Understandably the City would want to reveiw their usage of the helicopter time which has been available and just hasn't been used as the Commissioner points out. However, yesterday we were presented with, for lack of a better word we can call it law enforcement Dro¢ram which is somewhat different than the general use program that the City has been utilizing. That is to say for tours and for surveys and for different purposes. Now this is a substantial change and I think requires a considerable, a detailed study for this reason. And I don't W1 iet NOV 2 6 19on 8Q 6. 4 Mr, Dillon (continued): mean to delay this for this -reason but let me explain. Pilots generally cooperate. These helicopters are not on call twenty-four (24) hours a day. Their insurance may not cover law enforcement programs, and I'm talking because of the societal Lhange in South Florida, I'm talking about actual shooting casts. Some pilots probably wouldn't even want to get involved in that under any circumstances. However, we've not had an opportunity to talk about that. The alternatives as has been spoken to this morning, or this afternow>>, is to use the police as pilots and/or the City of Miami to c.irzy its c,wu insurance on something like this. But at any rate, active law cnfv ccr,cnt, as I envision what you have said, Commissioner Plummer, re:311V speaks to going out and ass --sting officers on call in the streets or whatever it happened to be, and rather than just the usual transportatitin from "A" to "B", or a tour or something like that. Now, the other alternative to this if it doesn't work out is listed in the papers that were provided us yesterday, and they speak of putting this out on public bid. r;, tht: publics point of view, this very well good be the best way. The pubii., a, you have pointed out, has not been receiving what you, I beleive, characterized as a fair return. The City has not found it rJeees ary c,. ,;ti i7(l these helicopter hours, very few of them at least, and on that basis, I think that's another alternative the City Commission should consider. Another point that I would like to bring out is noc all helicopter operators, five that we're talking about or six as I would likC icy c:lk about, operate the same kind of helicopters. You brought out a figure, Corinissi.oner, of one hundred and forty-five dollars ($145) an hour. I've never seen that in any of the leases. And as you know, it is much clival,ur tc) operate a bell or a hiller helicopter than it is a ,ct ur ,o;:.erl ine like that. So we're talking about apples and oranges, ii �rou will. Now, insofar as the Commissioners comments in relation to the bankin., of helicopter time due and so forth, the leases that I've seen, and I haven't seen them all. I've made inquiry but a couple of them wern't in t:h4, dc:,.artmunt where I was, and they talked in terms of in the event the City; does not exercise its option to use all of the manhours of flight ti.i,;c ;.11owed each month, then unused manhours of flight time shall accutnt.lati, i rt,m month to month. But not beyond the anniversary date. In mane cases, Co-m,isFloner, the anniversary date has just passed. There's a couple th-,t that's not true. But on the other hand, it isn't that the services that I represent are desirous in not providing helicopter time, they`re interested in speaking with the Commissioners and finding out...and the police, what the needs are and talk about the different problems than 1 bring up here this afternoon rather than seeing this without ., wt rkshop or without any guidance because I think the problem is considerably more complex than the very generous statement that Mr. Ter Keurst made at the opening of this agenda item. Thank you. Mr. Gerstein: Mr. Mayor, Richard E. Gerstein on behalf of Mr Ter Keurst and his company. Mr. Ter Keurst has been providing the service.. We stand ready, and able, and willing to provide it. His insurance coverage rovers the contingencies outlined by the former speaker. He hs no problem. He's been operating under this agteemr.nt since 1975 and he has provide some in excess of sixty some hours in this calander year of this service. We have no problem, we see no reason for delay, we see no reason for any detailed study. We stand ready to live up to the obligations required. We expect these other companies to do it as well. Mr. Dillon: The figures that were given to us by the City indicate that no companies have been involved in law enforcement to any great extent during any period that we recollect. As I say, if we are talking about a continuation of prior service I don't think there's any problem. But I'm saying that the law enforcement, as I would define it, perhaps Commissioner Plummer has another definition, would be a considerably different risk program than most underwriters have taken. Mayor Ferre: All right, any further questions frOilt taertbers of the Commission? Any further statements? If not, Plummer, I'll recognize you for your motion. 51 ist I Mr. Plummer: I move item 15(a). Mayor Ferre: All right, there is <i*notion on iS (a), seconded by Gibson. Further discussion? Call the roll on 15(a). The following resolution was introduced by Commissioner Plummer, who mo-ed its adc,ption: RESU1.. TION NO. 80-843 A P,r SOLUTION ALi,0`.. l lNG S9 , 000 FROM THE GENERAL FUTID, S7LCiAI. PROG10,-1111S AND-%CCOUNTS, P[IBLTC SAFETY FUND, FOR THE PROCUREMENT «\;) MAINTENA.rCE OF CERTAIN ITI;I�IS Oi Ei2uIP';1:NT N-ECESSA1Y FOP THE IMPLLMENTATION OF 1 POLICE lihi_TCGPILR PROGRAM; THESE ]AEMS b :iN(.: A :ELF -CONTAINED CO`'MUN1CATIONS 0:11, PORTABLE 7.i.1-UMINAiION EQL. PM1'_NT, AND DETACHABLE POLICE INSIG;I1, FOB. HELICOPTER USE (Here follows body of re::ciu; ion, cmitted 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 foliowir,; vote: AYES: Commi,sionc_ .3. L. Plwmancr, Jr. Conmtis ,ioncr (Rev.) Theodore P. Gibson Commi ssi.oner Jec Ca. of to Vice-l-iay,ir Arnzndo Lacasa Mawr Mauri-•e 1%. Ferre NOES: None ABSENT: None FOLLOWINC= ROLL CALL: Mr. Fosmoen: With the t:ndersranding that if organizations start to drop Off, th.iri :oe'll be back to ycu. Mr. Plummer: Well 1 chink also with the understanding that if organizations don't live 1:p to their end of the contract and provide the services that th2y've nad rc,r twer•ty years, that those... that they be immediately evacuated for viulation of the lease. 52 NOV 261cap 16. DISCUSSION OF F.E.C. PROPOSAL FOR USE O'r' OLD Pr -''I' i'i.t �Pi.h1 i AND DECLARE HOLDING OF PUBLIC HEARING ON 17ECi-'S, ii i U . Mayor Ferre: We are on Item "K" now. The FEC court oo Fort Pruperty. Mr. Fosnioun: You want to discuss that or do you want Lo i., ivt thuoljy;h and see... Do you want to discuss that now or do you want to move other items that... where the public may be... Mayor Ferre: Well, let me express my personal opinion ui1 tiiis and uiu will see what the members of the Commission want on Ite-m "K". Tht• FEC written a letter and made a proposal. The proposal is the const(itietict• of almost six months of negotiation between the Manager .and lii:: ,:rc dt: i , -. r in i the FEC and their law.ers. I.t is such a complicated think ,.id it so many different earls and it is such an important decision f; r ti.:_ tt_ti :c of the City of f13i!;1 that l would reco-.xmend that tiiiti 1 Celll 1?t I1L 1,1e1 o re the City Commission as a properly advertised, public item. r:t, h,ivu full disclosurt and full discussion of it. And as a matter of fact, I really think that it re,,l.l.y almost requires two public hearings. oi;c . for :_i full. disclosure and dis�-ussitrl-1. And one, almost in a Jebate ;orraat .,s tilt ;0.Ce5 coalesce on both sides of this issue. I would like to invite, if tic Conii,ission will so agree to liave a public hearinF on this, to ask the t":r at. r ".ianii Chamber of Commerce, the Black Chami'ller of Commerce, the 1.at ii1 :'.f k7oi%merce, the Land Piainiers and Architects, the D.D.A. , tht- ,;, r iti t i l.ter At tion Committee:, aiid all of the interested p3rtits to., ar,6 i.�i „ir�i t)r Realtors. I think we should get a full exposure public debate cn thiz; issue. Now, I was talking to one of the editors of one of the main r,t?-,-spal ers li re yesterday and even thuu,ji that particular individual had ;_i,JL , :n t c; , on both sides of the issue, he nevertheless agreed that thi:; very, very important decision for this community and tlujt wt,' sllouid iic r ti:>t :,rhitrarily unilaterally and very quickly code to a conclusion tn(at we ii<illil h�:ve a full public debate and full public discussion with tiTTA: to anti tl,JJAik and we will see tiie plans and everything else. Now, I think ti:;: ,s tit= wisest way to approach this. Now, I have no objections if th C, s:` i;,_ i; ; wi-, ics to Bear full prescnt.ation to get into that now. I have ne hrohleu-t- with that either. Mr. Fosmoen: My presentation would take no more than five, or tea -minutes, Mr. Mayor, and I think it's important that I get a reaction fr,)1.: the Commission also. Mayor Ferre: Fine. I got no problems, but I would like tc, before we even hear this, gut a reaction from the Commission about the-, ccntt_pt of going to a public hearing one way or the other. Whether you make the presentation or not. And 1 would just like your respected public opinion. Rev. Gibson: Mr. Mayor, I'm for public diSCUSSiUtt. I tt':i you, 1 learned something the other evening when they... I want to make si,rt: the Commission hears this and the staff.. I learned something the other evening at that party given by the... those park people. You know, they had as their guest speaker Ru,: Kcciizie and McMullen. J. L., you had to leave early from that party the other night. Mr. Plummer: Beautification? Rev. Gibson: Yes. 'There was a great lesson learned theme. Roy Kenzie was talking about the Downtown Development Authority and how the-y built this... all this Iiiilding business. He spoke and in public speaking one of the rules we learned very early is that you don't let the. st•_olid ,.i; tt,t: fir-.t guy. So that if lie gets that audience up at a pitch you fiad ;r urge i f 1"iving to start on that plain, that pitch and can't build up. 7'41�t's. uric of the rules, unwritten rules in public speaking. When you get your climax you sit dow;i, ok. While both men were at different points I was surprised that wneLi they dot through that I was able to come up in the midst of them and I was more enlightened and I was not even angry at Roy Kenzie's position, nor was I ai-q ry at gl NOV 2 6 1980 53 if McMullen's position. The point of the story is, we may learn an awful lot by just listening to people. We may learn an awful lot by just listening and I hope we will not close the door. We would let the public hear and there are going to be some people in the public who wouldn't want it, could care less and have made up their minds. But none the less, we ought to hear them. And those of us who may be on the other side, we ought to be heard. Mayor Ferre: Is that in the form of a motion? Rev. Gibson: I would like to... if that's what we need I will offer it as a motion. Mayor Ferre: Alright, is there a second to that motion? Mr. Lacasa: I second it. Mayor Ferre: Alright, is there further discussion? Mr. Carollo: Yes, can the motion be repeated? Mr. Plummer: I will stop... Mayor Ferre: The motion is that this matter be taken to a public, to one or two public hearin-s properly advertised and that a... and at a proper place and time where the public will have an opportunity to debate this matter. That is the motion. Mr. Plummer: Under discussion, Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Plummer: 1 made the comment this morning that negotiation is usually a process of give and take, give and take, give and take. At this point as far as I'm concerned, there has only been one give and one take and there is more than, much more than is needed before I think it should go to a public hearing. I like. Father, agree that everybody has their own point and their own attitude of what should be and should not, but I personally don't think at this point we are ready to go to a public hearing. I. think there needs to be more negotiation. We have had round one. and I. think we now should go into round two. I would prefer to go back into negotiations, further negotiate and to hopefully come up with a better deal for both sides because it has to be fair. That is why I will have to vote against the motion. Further under discussion, Mr. Mayor, I want for clarification one other point. This is Item "K". Mr. Fosmoen, in your de:,cription I have nothing here on it. In your discussion with me this item you brought out a thing that I don't find in the memo and I want it for clarification to make sure that it was not an oversight. I hope it was, but I'm scared that it wasn't. Under the FEC River Property section of your memo Mr. Fosmoen, you indicated to me... I think you and I can go through this visually. The Riverfront Property two and a half acres we would buy. The second two and a half acres we would acquire within five years. Mayor Ferre: Well, he is going to go over that whole thing in a moment. Mr. Plummer: Oh, I'm sorry. I thought we were to a vote. Mayor Ferre: Yes, but... Mr. Plummer: Well, any how let me finish because it's much... a few minutes more. And that the North portion they would retain for building of a hotel, but once the City acquired the other two parcels, they would have the right to move their square footage over to the Miami Avenue. That is part of the agreement,is my understanding. It is not listed in this memo and to me... Excuse me. Mr. Fosmoen: It's in the letter, Commissioner. I attempted to summarize the salient point of the offer. Mr. Plummer: Ok, well, I don't see it here and to me... I have an objection to that, ok? And because I don't see it here, it concerns me. So I just bring that for the record. gl W, NOV 261980 Mayor Ferre: Ok, f* ier discussion, call the roll.6 The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-844 A MOTION DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO HOLD A PUBLIC HEARING ON DECEMBER 17TH ON THE PROPOSAL MADE BY THE FEC CONCERNING THE USE OF THE OLD PORT AUTHORITY AND SOLICITING THE INPUT OF THE CHAt�BER OF COMMERCE, THE DOWNTOWN DEVELOPMENT AllniORIT1, THE MIAMI BOARD OF REALTORS AND ANY OTHER INTERESTED GROUPS. Upon being seconded by Commissioner Lacasa, the motion was passed' and adopted by the following vote: , AYES: Mr. Carollo, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. ON ROLL CALL: Mr. Plummer: No, I don't think that it is ready yet to go to a public hearing. I would hope that it would go further, but the will of the Commission, so, shall prevail. Mayor Ferre: Alright, in my vote let me explain that 1 think this is a very complicated and involved matter. It is one of the more important things that come up before this community. A great deal of time, well over ten years has been spent on this matter. Hundreds of thousands of dollars on lawyers has been spent. Millions of dollars will be spent on this land. The future of a potential coliseum/sports arena is involved in this particular project. The green belt around the bay is involved in this project. There are very... many considerations. I think that a public hearing at this time would air all of those different things and I think the consequence of that would be a, one, a better public awareness. Two, an open discussion so that we can see where the flaws are. And then, if there is further negotiations, I think warranted and needed, that would be the time. I think it would be remised not to point out that this did not simply come about and the FEC submit a letter based on something that they happen to think about one day. This is something that came about at the initiation of the City, not of the FEC Railroad and that is something... or jointly, because it came out of the lawyers talking and therefore, it was a legal type of a thing, but it came out of that and I think it is important that this item be totally, publicly exposed and discussed and argued and that if we need to go back to the drawing boards, well, we can always do that. I think time is of the essence and because we do have a court hearing... is it January? gl 55 NOV 2 6 1980 Mr. Fosmoen: The ICC suit is scheduled for January. Mayor Ferre: Yes. I think it's important that we have to understand that because of the time constraints we must continue with these lawsuits. We can't put them off. But I would hope that we would be able to have a good public hearing and air all of this and come to some kind of a conclusion fairly quickly. And I vote "yes". Mr. Plummer: May I ask another question for clarification? Mr. Fosmoen, would you please tell me... It is my understanding that we would be the _owner of the Boulevard Pr�;,erty. And I want to say by the way, I think favorably of the River Property. I think that deal is very close to a reality and unfortunately, the two are tied together. My problem is, you know, putting any structure on Biscayne Boulevard in the park, What I need to know Dick, if we owned the property on the Boulevard and they retained development rights, does that exempt them from advalorem taxes? Mr. Fosmoen: No, sir. Mr. Plummer: Even though we are the owner of the property? Mr. Fosmoen: They would pay taxes on the portion of the property that they are developing just as any of our leases pay taxes on property and the value of the- - - - . Mr. Plummer: Yes, but they are not the owner. Are you saying then, that those taxes would go to the three agencies involved? Mr. Fosmoen: The City, County, School Board, Mr. Plummer: They would pay it to us and we as owners would pay it to the other two? Mr. Fosomoen: No, s:r. No, sir. No, the taxes would be collected just as taxes on anu piece of property are collected. Mr. Plummer: But from the owner. That... You understand my problem? Mr. Fosmoen: Oh, I see what you are saying. Mr. Plummer: If we are the owner... Mr. Fosmoen: I'm not sure, Commissioner. The taxes would go to the City, County and School Board based on the market value of the property. Mr. Plummer: Well, if it's City property it's tax exempted, correct? Mr. Fosmoen: No, sir, that's not true. We have a number of pieces of City property that are under lease, for example and they are not tax exempted. The Rusty Pelican pays taxes. Because it is in public ownership does not mean that they are exempted from property tax. It is the use of the property. Mr. Plummer: Ok, well, I would like a clear cut delineation prior to the public hearing on that. gl 56 Nov 9 61980 Mr. Fosmoen: What you are asking is who gets the tax bill and I don't know. I would expect the developer would get the tax bill. The condominium unit owner would get the tax bill, but I have to clarify it. Mr. Plummer: Well, you know, they are going to be using it to develop a hotel if successful. Mr. Fosmoen: It's not a hotel. This property is proposed for condominium development. Mr.,Plummer: Condo. Ok. All I want to make sure is that in fact,'that the three million dollar figure that I think you used, approximate figure, of taxes that it would generate, we don't suddenly find ourselves that this is tax free because the City is the owner and all they have is the development rights. Thank you. Mayor Ferre: Alright, would you run through this in five iillnites, please? Mr. Fosmoen: 'Yes, sir. The letter that we received Lu, the Fr:C proposes _ that we acquire their entire parcel of land which is appro:;j,.nately twenty-four acres of upland and eight acres of bay bottom for 11.8 million dollars. They also have bought out the interest in the Holiday Inn suit. So that suit would be settled as part of this settlement. They would retain within the property and it's bounded by the bay, the deep water canal, the Bouel.vard and the access to the port. They would retain forty-five percent of the upland and fifty-five percent of the bay bottom for development. They would be limited on the upland portion to an FAR of five and to put that in perspective, the Ball Point Project is six and Plaza Venetia is about four and a half. We would be looking at approximately three million square feet of construction, residential construction no offices, no hotels, but residential construction, plus some attendant support commerce facilities, like a small grocery store and so forth or shops that would support those residential units. In addition, the developer and it is FEC's intention to dispose of the property. They are not going to get into the residential construction business. The developer would agree to maintain the reminder of the park that's developed in perpetuity. So it would no longer be a responsibility of the City. If the FEC did not develop or the property was not sold for development in a reasonable amount of time, then, of course, the FEC has to move their port operation and has to find a location for it. The FEC would pay a penalty of one million dollars per year after approximately five years. If that property was not sold and development started, ok? That's one parcel and that's the proposed settlement against the court case, several court cases that are pending. There is the Holiday Inn suit, the determination of value on the FEC property, the ICC suit which suggests that the City in fact does not have the right to require port to move from this location and that in itself is a very complicated issue. It would settle all of those suits. There are still... and there would still be two suits outstanding and they involve two oil companies down on this corner. The FEC has not bought those out. They are still in litigation. _ Mr. Plummer: Mr. Fosmoen, what happens... two questions. What happens if whoever the developers are or could be cannot get permits to fill? Mr. Fosmoen: I'm sorry, sir. This map... this is the only areal photo that I could lay my hands on and this is all filled. Mr. Plummer: That'fi all filled now? Mr. Fosmoen: Yes, sir, this is all filled. gl NOV 2 6 1980 Mayor Ferre: Don't you remember when we went through all of that? Mr. Plummer: Ok. Mr. Fosmoen: And the development, of'course, would be subject to all development regulations. The DRl process for example. The fifty foot bay setback here. We retained public ownership of the bay side, but the development itself would still be required to setback the required distances. They would retain private ownership in this area or private access. Mr. Plummer: lbout three thousand square foot if they were build to the maximum, - how many units would that allow? Mr. Fosmoen: At three thousand square feet... Mr. Plummer: Whatever you figured. Mr. Fosmoen: A thousand. A thousand units. Mr. Plummer: A thousand units of three thousand square feet. Mr. Fosmoen: We are looking at between twelve to fifteen hundred units. Now, I won't even go into the pros and cons of residential development mixed into... Mr. Plummer: Yes. No, I was just asking that question. Mr. Fosmoen: Ok, I want to simply lay out the proposal so if there are any questions I could try to respond. The second parcel of property which the City has had an interest in is the FEC Property on the River and just to orient you, the Rapid Transit Line follows the old FEC alignment. These warehouses are now gone. This warehouse still remains. The property is bounded by the River. The Rapid Transit Line on the k'est, Southwest 3rd Street on the North and the Thatcher/Seigel Property on the East. This is these Thatcher banana boat operations. The proposal is that we acquire two and a half acres of this six point five acres for four point two million dollars. In five years or at such time as the City has acquired sufficent land to build an arena on, the FEC would then dedicate, donate to the City an additional two point five acres, retaining for themselves one and a half acres for the construction of a hotel in the range of five hundred rooms. It would be expected that this whole parcel would be designed and developed as a unit and it may make more sense for a hotel to have Miami Avenue frontage, rather than be stuck back in this corner. So, we have made an arrangement in the letter that if desirable we would switch with the FEC for an acre and a half somewhere over on Miami Avenue frontage. The FEC has also agreed to donate to the City five hundred thousand dollars per year for five years, two and a half million dollars toward a civic project in the Downtown area. I view that as a donation toward soft costs in the development of an arena. As you know, this was one of the sites that Finch-Heery looked at in there analysis of sports facilities in the Metropolitan area and they suggested that this site was feasible, but very, very expensive. By acquiring two and a half acres of this through donation and two and a half acres at a price less than the some the properties in the area are going for I would suggest to you that we may have sufficient funds available to acquire and assemble that whole site and make this a viable, multi -purpose arena site. In addition, the FEC has agreed to charge a one dollar a night surcharge on each room rented and that would be donated to the City for promotion of the arena facility and that would be pegged, of course, to the room rate as it fluctuated. So if the room rate went up ten percent, then we would end up with a ten percent... a dollar ten per night collected. Mr. Plummer: Not confused with the two percent resort tax? Mr. Fosmoen: Not... no, this is over and above the two percent resort tax. In addition, the FEC has said that they would settle out as part of this entire settlement the Holiday Inn suit and that represents somewhere between a million and a half and two million dollars of possible exposure on the part of the City. In addition, the FEC would assume all relocation costs from its present site to some other site and that site, of course, would be chosen by them. And we have a... we are currently responsible and regardless of what course of action we take in terms of a settlement on the lawsuit, 58 NOV 2 6198 gl 0 the condemnation suit or proceeding through a jury trial we are responsible for all attorneys fees, both theirs and ours, and we would maintain and continue that responsibility under this settlement. That in a very quick fashion represents the offer that the FEC has made and it has come about after, after a number of -_ discussions with them. Mr. Plummer: On this parcel, Mr.... the River parcel? Mr. Fosmoen: Yes, sir. Mr. Plummer: Show me where it is proposed for the marina. Mr. Fosmoen: There is no marina proposed for... — Mr. Plummer: Your memo speaks to a marina. Mr. Fosmoen: That is on the Bay property sir, in the deep water... Mr. Plummer: Here it says the FEC River Property, donate two and a half acres to the City at the... Mayor Ferre: Yes, that was a mistake. I noticed that. Mr. Fosmoen: I'm sorry, that is a mistake. Mayor Ferre: That's one of two, there is another mistake in there. A typo. Mr. Fosmoen: Ok, I apologize. That is an error. That relates to the River Property or the Bay Property, sir, not to the River Property. Mr. Plummer: Well, then explain to me further about this parcel and the marina. Mr. Fosmoen: Sir, the word "marina" should read "arena". Under the FEC Property, River Property, it should read "arena" not "marina". Mr. Plummer: Ok. So we then switch the marina up to the PNO Property? Mr. Fosmoen: That's correct. They retain forty-five percent of the upland and fifty-five percent of the Bay bottom which would be an elongated parcel on which they would build a marina. Mr. Plummer: How can they do that... can they do that with the fifty foot setback? Mr. Fosmoen: The marina would be in the water, sir. Mr. Plummer: Yes, but the upland. Mayor Ferre: They would have to put up a building fifty foot back. The marina obviously, couldn't be fifty foot back because it has to be on the water. Mr. Plummer: No, no, I'm talking about if they come back the fifty foot with the building, ok? Mr. Fosmoen: I would suspect, sir, that they would have a series of buildings. Perhaps three large towers... Mr. Plummer: Ok. Mr. Fosmoen: ... fifty feet back from the water. Mr. Plummer: Ok. Mr. Fosmoen: They are also talking about constructing a marina in an area something like that. Mr. Plummer: Right. Ok. Mr. Fosmoen: Ok. Now, remember that the Commission has the authority... For gl 59 NOV 2 6 1980 example, if they need a control facility, a dock master office at this location. You have the authority to permit them to do that if there is a quick - - - Mayor Ferre: Let me, if I may, J. L., since I have had some .-xposure even though not as much as I would want to this. Let me,... yes, I just waiting for... because I want to lout into the rc both sides of the issue so that we can leave sc.m; 2 thoulgllf `o: I)IH l ..: debate next time we meet the public. Let me give you both sides as I see it. r !�-ain.st this. For it we would end up with a half a loaf nn the Eat:_ to ot`ior words, we wouldn't get the full amount. We would end up with a'uout si::teen acres of land and four or five acres of water for a price which is cc:i,patible and something we can live with. So we would end up with, as I said. si�;tc_en acres, half a loaf. But we would also end up with fourteen acres of land c.n ;:i.c: �'\ivur. Now, we have sufficient money between the monies that we h.Tve in different accounts where we could accomplish that and have a l.i_cic bit of a head start to put up the arena. So that's advc -)cage number one. Ar,"vant:iI;e number two, 1,s that this would be the beginning of Park West. Now, obviously, this would be a major shot in the arm to get Park Wes: gofn;--. A.-Jvantage number three, is that it would bring luxury apartments to the 1)U11-1L0','n area which do not exist at this point and will exist, some of them, at 13n11 Point, but this would be twelve hundred luxury apartments which wool.; bt.... bring, people down to the tiiami area and into the Downtown ?]i.ami. arc•i, t};rc-e- tiumber ::our, I think the part artd parcel of this would be that the 17,C, since the-: are not developers and since there is an intention to sell. this; land. would sell this land to developers and I understand that they have talked to Cadillac Fairview, Gould and others. They have not decided. They would do it on a, you '_know, who ever made the best kind of an offer type of a thing, but i.t would get the construction of these luxury apartments going before a five yc:ir period. Before the end of a five period. And that brings up point number ;nor. Point number four, is taxes. Now, part and parcel. of this would he reco,,-nition on their part- as to the value of this land and vc are w- i be substantial taxes paid starting immediately on this land. ?red :�u:r.' cr two, once they were developed, we might be talking about three, i,ur, i-i.vc million dollars worth of advalorer.. taxes to the local bodies, loc_al ern.cntal hodi.es. Number six, in advantages. If we could declr re the 1";Tole swath: from ghetto to Bay as a blighted area. And I don't think we c Ac ,. r awjv with doing all of Dok.Tto;.n as a blighted area, but I think we car, f;c a,.:: with c0inc; this as a bl.i;;hted area because _ that would not be that difficu t tc Drove legally. Then we could use tax increment financing,t.'r.e the taxes t.h't w�ul.d accrue from this project and capture, J. L., the County's taxes is very important. Isle couldn't get the school, school taxes, bu!_ we could t the County taxes in tax increment financing and use that to ju,:p ,,:rocs the street and start doing both Park West and Culmer, which i t:~ink is thu only way that we have any kind of a chance to get something llko this r,oing. I think that pretty well covers the... _ oh, then... and lastly, of court=e, is that we would end up with a basketball, hockey sports arena type of a ccmplcx. We are talking about in the vicinity of thirty million dollars i,' we h.-id the ";and in hand and I. think if we could get from the County five mi] ii.cn: c ;liars wnlch I think is reasonable and we could expect somethint; similar to chat. And if we can come up with five million dollars, two and a half of which would come up from the FEC in their yearly donation I think we would have: a leg forward in making this a reality. The arena is a tremendously im;ortant: project to this community and let me explain why. In the first place besides bri:i;,ine, basketball and hockey to Miami, much more important, it would provide us the opportunity to bring other things. Entertainment, music, both: symphonic, hard rock or latin music, presentations, _ revivals, religious ceremon'_es, conventions, political conventions. It would be the next logical step to our Worlu T_ade Center and Convention Conference Center. The problem is test, one we don't have the land. Two, we don't have the money. Now, this is one w:,,., in ,.hick we end up with land and -too, we end up with a little bit of money to move forward. Now, it's a price we got to pay for and there is a judgement of value whether or not the price is worth paying. I know that's something, that this community has to debate and decide. But I might point out to you Lhat the logical place for a convention... for an arena/coliseum hall would be Downtown. Why? Well, because I think you would have twenty thousand parking spaces within walking distance, number one. Number two, you would have the people mover touching it. So it's a logical place for transportation. And you would have Rapid Transit on one side of it, because the Rapid Transit Line pots right next to it. So for all those reasons this is the logical place for h coliseum. If we could put this... if we could put the property together I think it would be a major step forward. Absent something like this. I don't know where we are going to get the money. We are certainly not going to get it from the federal government. I know we so 91 Nov C; C 1960 r won't get it from the State and I don't think the County... may be the County will come up with it, but if the County comes up with it, unfortunately, they are talking about going to Opa-Locka and so on and Ona--Locka is not the place for a coliseum. I just think it would be a... may he for a football stadium, may be for a baseball stad tum, but I. think it woi.:1 c1 he tragic to get a coliseum up there. So in closing; on that slue let n:« 'list soy that :hat this does is it takes the increased value of the property in the year 1980 and it utilizes the desire of the FE(' to sell, it to tiie private. sector, obviously, for profit _ and gain and in effect what we are &A ng is we are g,etti,l; part of that. And what we do by letting, them do that now in putting this on the tax roll is it creates sufficient value to PJve us a spring beard anti t'nat is money to buy, to get the ether land and s,et a head start en tYie coliseum. Now, the negative is tlii_s. 'ii)e'people of mi�imi in 1'+70 wi,atc.v,r, une, voted some bond monies for the purchase of this and other Bayfrout property. And that's a commitment that this community has. Secondly, I think that there has been expressions in the past that this whole area from the Miami Herald down to Dupont Plaza should remain as a green belt for the Cit,; between the buildings of the City and the Bay. The third area is that. there are a lot of people here who think we need vore park. Tr. other words, the, fact tbr3t Bicentennial Park and Bayfront Park are not used does not mean anyti:ing because you cannot guarantee that they will not be very well used in the. yicar 2000 and so if we indeed want to he a Paris or a London or a New Fork or a Kane, then we got to think that way. And the way we got to think that wa' i,; by having the kind of park ;paces tisat w:>uld provide us the c�l:en iiir ;n tl?e open space for us to have a green belt right smack in the heart and the riddle of our most densely populated area, which is obviously, t?o4mtok*:j Miami. 1 think that is a very strong argument and I can subscribe to that very easily. And lastly in that sense, we are almost there. We have been fighting for five years. We have won. We have lost some. We have won some.. ',Ion more than we have lost. And we are about to win. So why, now at this late date, why, at this juncture right before we get before the court to decide the value and before the Inter State Commerce Commission makes its decision should we now settle this thing? We ought to have the courage of our conviction, stick with it, take it all the way_ down to the end, fight it to the bitter end if it takes another five years and if it's going to cost us twenty, thirty million dollars. If we don't have the money we will have to find the money. And... but this green space belongs to the people of Miami and we got to fight for it. So I can argue both sides. Mr. Plummer: Mr. Mayor, let me use your terminology and Mr. Fosmoen's and I think I can express my opinion. I may be wouldn't have a problem with taking half a loaf, but when the other side takes their half out of the center, I have a problem. Mr. Carollo: I hav-- a question for our temporary City Manager. You stated that it's approximately three thousand square feet of land that they are going to be able to build on, correct? Mr. Fosmoen: No, it's considerably more than that. It's ten point eight acres. This represents ten point eight acres. _ Mr. Carollo: How many square feet of land are we talking about they can build on? Mr. Fosmoen: Four hundred... well, then acres is four hundred thirty thousand square feet. Mr. Carollo: And approximately three thousand square feet of land -if they could build on that, figured they could put approximately fifteen hundred units of condominiums at an average of approximately two thousand square feet per condominium unit and at the going rate today and this is probably conservative it's approximately fifty thousand dollars for the unit of land. That would give them a profit in today's market or rather they could sell these fifteen hundred units in today's market easily in excess of seventy-five million dollars. So... Mr. Fosmoen: I'm not sure that fifty thousand is a fair figure, but accepting your figure... Mr. Carollo: It's probably a low figure, but I have used fifty thousand. Now,... I don't know. It would seem to be to me that it's a lot more reasonable 61 gl NOV 2 61980 f that if we are going to give this land so that people could build on it, then let's get the best deal that we can for the City and let's go ahead and finish this lawsuit and we can buy this piece of property. I mean, the City stated this in the past, for approximately fourteen millions and they. if we are going to give the right to someone to build on that i_et's get several more millions that we are not getting. Mr. Fosmoen: Let me... Mayor Ferre: Wa"t a That'F. all vex-; nice and wonderfully simple except that It's illegal as most simile things are, Mr. Plummer: Well, it it's illegal for us, may be it's illegal for them, Mr. Fosmoen: Let me respond to... Mayor Ferre: Let me tell. you why it's illegal. The reason why it would be illegal is because once... you see, we are i.0 a lawsuit now. The property technically is ours except, except_ there is some question about that because it is going up before the ICC and evc-ntually may end up before the Supreme Court of the united States for the settlement as to whether or not we have _ got the right to even do tni.;. VIiich still has not been settled. Now, let _ me tell you where it's i J legali If i,e were to win two, three, four years whenever it is down the li.r.,2 and the pro-purt.y is not. ours, at that point you cannot do this. Bc_cal..:;e at Li -.at i-c;int tiicre is no question that the title has reverted. We have bought it with pond funds. It is public land and for public purpose and you could not Llion 1,2ase it for... there is some very serious questions as to whether at treat point we car, go out and lease this for the purposes of building apart-,i,�nt buildings. We can do it now because we haven't settled yet and in effect, there is some question as to whether or not we really own the propert.,. We really don't own the property yet. Mr. Plummer: Wcll, 1'r. .;ou ;:nog, Lhat .�rgume.nt held true until court reversed me or., tiie Kelly Property, oi::' Mayor Ferre: Aati, tn,3C ry ,lieu to say. Very simple, but again wrong. Mr. Plummer: Well, you ktio,:: , it's wrong. It's wrong, but it's right. Mayor Ferre: No, it's legall_; wrong. Mr. Plummer: You know, Mr. C rollo carried that one step further and if Mr. Gary's calculations and he doesn't know wiry he is calculating, is correct... Now you will know Mr. Gary why you are doing the mathematics. It comes out if we using Mr. Fosmoen's figure of approximately three million dollars in taxes that, that parcel will be worth three hundred thirty-two million dollars to the developer. Mr. Fosmoen: And after development, Commissioner. Mr. Plummer: 1 understanl. Three hundred thirty-two million dollars and they are offering us... Mr. Fosmoen: May I try and state it another way, Commissioner, because you have just stated the total potential development cost and it bears no relationship to what the land value: is. Mr. Plummer: Well, it only compare:, to your statement of deriving three million dollars taxes to the City. Mayor Ferre: Ok, thiit's, that's what I'm sure we. wil. be hearing a -lot of both editorially and before this public bode and Dan Paul, I'm sure will be here arguing along with both of you those same arguments that you are using. So we will be hearing plenty of it. Mr. Plummer: Can I bet in at this point a prohibition against the Mayor, who world famoubly argued the tvo 'T s" and I want to include a third "P". That parks are for people, not for pigeons. You were not around then, Mr. Fosmoen. But the park is not for condos, it's for people. Mayor Ferre: Ok, is there anything else'. Any other... Further discussion? gl �2 NOV 2 6 1980 Mr. Fosmoen: The only other comment that I would make, so that the Commission understands is that whatever price the ,jury comes in at, we pay. We do not Mayor Ferre: I miderstan(I. Mr. Fosmoen: We do riot eut. if they r.ome in at twenty-five, thirty or thirty-five: mi_l_lion duilar:s. Mayor Ferre: I vir.derstand. Mr. Pluraner: Mr., Fosmoen, two year:; ago I screamed loud avid long about that. Mayor Ferre: tie.i l., what ,:oes that. meon: Mr. Plummer; That iiic!ar-s t0at tried to tell you then that you were going to be Put i 111j; your .Il:1PCi-?11. neck on the line, you did over illy vote and now you hope to C;,A you Mayor +'eri e. No, n_;' :it a l l . No-, at all . Not at all . I thank that, that - was a ver w1ti,_• cie,,:aioa -�nl this Coirmission will., I'm sure i)e vindicated mot.' than -e, __at tJ.mE: ;: t}:3t one. i i;ot. no problems with that at all. That's thc, w_.,1... ..1 tFi..t`.- the will. of this Commission I will... Mr. Piut,:i:,._r: i,'!, not the w-i.:_j of the COTWIIiSsiorr. Ic's the will of the jury. � - T113_' ci wh<il SC.'ll".'s L'lE'. Mayor Ferre,: :.Ild mitts fine with Tne, tc,o. I got no problem with that. Mr. Carol-lo. ;t-j th;:t_ 1 (1-�:lei s;,y is that l:'nt j,lad we have a new administration in ashin,ton. \C)\+, 1. `. , sury tht a C vi'iere people here that would have love to had made condominiums oikl of the Write Pcuse. Mayor Ferro: iherL 3,nyt/iiog else oln this item? Mayor ..^errs . Ha .. Mayor Ferrt_,: �o s, •.,v "Ut ',ate. I would hope that t wc,uld be before the 5C.V TAC--_'TV_.', i.1' t?'.' tf?t• seventeencn or c: r_ne seventeenth. Mr. Fcsmoetl: i.ntei,d to d,:), Mr. Mayor, is to distrib:ite the offer and to meet with tti_ ;,rou s that you ha,:e cuti1mc-d and ask theta .c, be prepared to respond on LhE seer;:t: erlth. Mayor I t2rrU: Ai-ld I'm �L-,,r,. the press will be carryillg this. So any other groups that contact %,ou thlit ;,*ant to express an opinion or come in and discuss this. AnC I -woi-ici like to request Mr. Manager, that ycu tell ill these different groups... ' liut you u:ke the initiative to caul tilern... Mr. Fosmoen: I will. Mayor Ferre: ... an6 ask t.o be. put on their next agenda of their next general meeting, you know and let the Co=Lissi.on know when it's going to be so if any member of tcie Corrnl,isslon waiii_s to be present or wants to participate, they can clo that. Mr. Plummer: w'e.lI, once again, Mr. Mayor, I m asking abr.ut have we set a date for the l%t: i. i c hearing. _ Mayor Ferre: The :.7th of Ducember. Mr. Plunat:c-r: C':,, you are eying to hold it on the save dw, RE a i;,ammission meeting:' Mr. Fosmoen: YeS. Mayor Ferre: ok, anything else? gl 63 NOV 2 6 1980 V 17. PERSONAL APPEARANCL: :''0 L(1\1.,0,'A"LT"'Rc: ATIVE HOUSING tlIRtIl'KATPR:..,'FST Mayor Ferre: Now, we're gC i.lE, tE ; o to Ld Loncion which is item 2 on the 2:30 a,er::'.a. Mi. London. Ali Light; Mr. 1,ondon, the Chair recognizes you, sir. Mr. Ed i�ondon: rir. ,Ilayor and fellow Com,i.iss-oners, I was here a few months ago when you discussed t}:c problems you're having with rental housing and the pussible s,-,luLior.s of imposing rent controls in he City of Miami. Mr. Mayor, you E i:aller.ged the private sector to go out and come back witiE a i.a:: that w u,_d bt feasible that would create alternatives to Yt°Il:: C':,iLUi. il;:_,. ii�tCT11P"h .=C? you, I talked to some alternatives friends and we kick`d aroc.rn: nun,; r of ideas and we've come up with a non-profit corporation you Eau€;h:_ to do and use as a demonstration project to show the Cit7 -)f "i,+ml. i rile ; rirate sector. The private sector can build low c. sL , io'.: r _:1 . at artt,.•_rtt ; in Lhe City of Miami without any cost to the CiL.: c:` :11,ami, without any rental subsidy from City, State or PLE(�ral govei-!ILe:it. i'ne only tiling we require is the cooperation o; the sit} ur Miami, Tite cooperation that we require is in a number of areas. On. areas is off-street parking. We're going to buJI6 lc)w cosL, �lPaztaents. We' ce unable to construct off-street parki.-,g anCi the ilc :edir: 01)1'ection that comes up, well what do we do with tile car:; are going to drive. We feel that in the areas whei:e we first units which will be Overtown anti i.ittle Ha t:n�: , ilple who can afford these apartments really can't offorc] to di -iv,! ca: Aud they'll be very fv.w cars added tc the S1UCk 01 ;;ir. Il,at t%l i i{E_:i T igllt new. So we Tr would request a waiv,2r c,r ��_f-:,t=rt_et ;;ai Icing rer,uirement�. ,e next thing that at:l5 i.� V�.r,,' li'l1,.,1t to :ul],d lrn.' Cost, low wilt apartments in the Cit-; of '•.iami it the mi, i:rur E:iszrc 'OOLage. required under the Zoning Code. Right no» the. City �I ;j ,.,i in the areas I just mentioned, there are many apartment_:; that .;,:rt i uiit before the current zoning code that contain between two i d .nLl twenty (220) and two hundred and eighty (280) square feet. I tai...i: the City department, the City Housing Department will validate glut last .our (4) buildings of Section VIII Rehabilitation, tht_sc werL the approximate square footages of the apartments rehabilitated. So, they qualify under Section VIII, they qualify as being sponsored by thkE City, and all we're asking you to do is to permit: new constr.uct_:on of two hundred and fifty (250) square feet. The architects thi�L went= involved in this project, Willie Borotto and (inaudible)desigried a Man for the demonstration project we'd like to do which would be nui2din6. Three stories, ten units to a floor, two hui6r:d anc ii:ty square foot (250) per apartment. The next requirement Chat woul:l have to change or waive for this project would be handicapped requirement. wL. wuld provide handicapped for the first floor only. We would heft provi:i�. in,, apartments on the second or third floor. By doing this, weld ejiir.ir,at.,_ an elevator. By eliminating an elevator we elisinate twenty-tWJ collars ($22) per month cost, bare minimal. The nt xt t:�inr, t i:,! c: �,: _ : L q.:J-1-e is zoning, zoning density, side yard, front yard sit backo. Right now wi,ch the present zoning, the number of unite; that you rau i::: c on a piece of land is not economical if we're going to build log: COOL, iow rent apartments. We don't want to increase the di isju; of tnu neighborhood than what it is already. The neighborhuoun we're about, tltt•y already hl Ivv_ very high densities. Anywhere b•_twue.n 1r.c� it1.naru. :'ne fifty (150) to three hundred (300) units per acre. uor project would be built on a site fity (50) by onu l:Tncdred (.,00). We acquired it last month for thirty-five thousand dollaiz, (•`35,006). It's "21 S.W. 3rd Street. It's a single family hcme buii.t .i cont:.iinine sixteen hundred and forty- six (1,646) square feet, two bt:druoms, one bath. On that site we would like to build thirty (30) units. `1lcirty (30) efficiency units. The variances we require will be density, set backs. They are the primary NOV 2 6 1980 see N Mr. London (continued): variances together with parking. The way we think this can work, and work very successfully with cooperation with the City, we would sell the City a piece of land that we have bought for our cost, which is thirty-five thousand dollars ($35,000) plus whatever closing costs we incur. The City would pay for it by issuing a mortgage note which would be tax exempt. This of course would lower the cost to the owner which in turn will lower the cost to the tenant. We would buy the mortgage note back from the City so in effect, the City wouldn't be putting in any money out of pocket. We would finance the construction cost and the soft cost privately. We have a commitment at fourteen percent (14%) which is a high rate but: we can make it work at fourteen percent (14%). We have a contract price from a general contractor who is currently dcing a Section VIII rehabilitation for the City for two hundred and forty five thousand dollars ($245,000). We've estimated soft costs for this project at fifty thousand dollars ($50,000). I'll hand you a handout afterwards which has everything outlined. And leasing the ground from the City for ninety-nine (99) years; at ten percent of the city's cost paying fourteen percent (14%) of the cost of the hard and soft cost exclusive of the land. We will be able to rent the units out, non-profit, no one makes a cent, a one hundred and sixty-two dollars ($162) per month per new unit. Now, the City would not collect any taxes on this because we would want to go on to the same thing that Eastern Airlines has or anybody else does that leases the City of Miami, and we woulcn't pay the City any taxes. But what we would do as follows; the thing which would be good for the City and be good for the community is that we would go ahead and limit the rent increase to the cost of living per year, whatever that cost of living is the rent could go up. Twenty-five percent (25X) of that increase would go to the City in lieu of taxes. Right now the property is assessed at thirty-one thousand dollars ($31,000), there is a fifteen thousand dollars ($15,000) homestead exemption on the property. The City brings in approximately two hundred and some dollars. If in the event the tax avoidance abatement and can't' be worked out, the project still is feasible but I'm assuming we can work out something under the present law until it is challenged, that the City can be involved in this. The balance of the seventy-five percent (75%) of the increase in rent will be put into a land bank to acquire future sites and this is where the private sector comes into it. The City would have standardized plans which we would create for the City or the City can engage other architects to create, and they would take a site, say 123 II.W. 13th Street. We have a site that's sixty (60) by one hundred (100), we call for thirty units of housing. The private sector would then bid on that site. The City would say we have to have a lease payment of four thousand dollars ($4,000) a year for ninety-nine (99) years plus twenty-five percent (25X) of the incremental increase in rents. The bidders would come in and bid on the basis of how low they would rent apartments for on a monthly basis. You might bid one hundred and eighty dollars ($1.80) and somebody might one hur,derd and seventy (170), the low bidder would get the contract, would get the lease, would have the right to build that building and lease it at those rents. His increase would be limited to the cost of living on an annual basis. The City again would have no investment, the Federal government would have no investment. lie would seek his construction and permanent financing in the private sector, and he would make money. Mayor Ferre: Ed, do you have all this in writing? Mr. London: Yes, I do. Mayor Ferre: Let me recommend something to you. First of all, let me say that I think your idea has tremendous merit. And I think...I commend you and your associates for having; spent the time to do creative thinking of this sort. And even though, I'm not a lawyer, but i think there's some legal questions you'd have to iron out. I would hope that they could be ironed out. NO,,, we're smock in the middle of negotiations with two very large firms, se},erattly all tog} ter, that came in wiOl sotr,ething very very bimiltir to What You're proposing. It's a little bit different but it falls within the ean,e gcI:eral }pattern. Those negotiations I think have been going of wit}i tilt adn;inistration for what, six months% I would like Mr. Manager to ab}: that you include Mr. London in the sa_we process you know, the), would have to be separate, obviously, because both of those things are separate but with the same people. Who'se been involved in that? Gireau? 65 NOV 2 61980 C Mt. Fosmoen: Jerry Gireau has been doing most of the staff work. Mr. Carollo: Mr. Mayor, if I may ask a question... Mr. Lacasa: At the same time, Mr. Nan.iger, about six months ago, more or less, we the Comm3ssif)11, asked the staff to give us a study on the possibility o" another plan which inc]udod rezoning of certain areas in thf City of Miami, the use rf the zoning authority of the City Commission to motivate private developers leased on the possibilities of going for sort of a voluntary convenant for a certain number of years. You might remember that. Do you have anything in progress on that particular Mr. Fosmoen: That approach of requirinc that the protects be rental for a certain number of rears are part and p.-3rct.l of di�c:ussi on that we're having with several. major developers and we're having these discussions only to develop proto-types, if you will. Only to pick the brains of the private developers in the private sector so that we can package something that in fact is going to be marretable. And I think Mr. London's suggestions perhaps can be t,rought into those discussions. Mr. Lacasa: i'es, but this is n;t what I amn saying. What I am saying is this, I came out and proposed to you people that you conduct a study to determine areas in the City that could be, that at present are zoned for low density, and that could be rezoned for high density and provide developers with the possibility of building buildings with low land cost per unit which would allow then: to, build for rental purposes for a certain number of years. I have had a lot of developers come into my office enthusuastic Witt; thi idea and there is nothing yet that has come out of that and it's been six months. Mr. Fosmoen: There was a legal opinion proffered that suggested that it is difficult, if not irnipossible, to limit through the zoning ordinance. Mr. Lacasa: .�o, no. That was not the question, Mr. :Manager. This Commission has entertained on several cccr:5ions the granting of zoning variances any rezoning bases on voitr,,:tary covenants and what we are talking about here are voluntary covenants. t:c ;.ncw quite well that we cannot impose any covenant as a coed tion to give any developer or applicant for a variance cr rezoning. But we can co that based on a voluntary covenant and that was slur. Mr. Fosmoen: We would he h_ird put to rewrite the ordinance which would provide for voluntary covenants. I think- that we would be running up against the problem of contract zoning. Commissioner, I think there is . aother way and we have... Mr. Lacasa: You are not reading me well. I am not telling you that we are to write any ordinance, or change any procedures as far as zoning is concerned in the City of Miami to include voluntary covenants. The City Commission and the Zoning Board has been doing that for years. We have been taking voluntary convenants as proof of the desire on the part of any applicant to cooperate with the City and rive something back to the City in exchanhe for whatever the City is doing for them in their application. And this, is exactly what I was talking; about. I wasn't talking about any new kind of procedure. I was talking about the same kind of a situation that we have at present. At what we have been asking from you is to give us an idea of whet areas in the City of Miami we could identify that could be feasible for this type of project. Because. Ed, the problem, is this, you are talking; about two hundred and fifty (250) square feet unit:7. That's very minimal. 7liaC'S substandard living conditions. What I... Mr. London: Some are living in two -fifty (25), and 1 see Dena Spillman here and this rehabilitating Section. VIII housing spending; thirty thousand (30,000) a unit for two hundred and fifty square foot units. Mr. Lacasa: Two a hotel room has, hotel room has. hundred and fifty (250) square feet is more or less what including the bathroom facilities. That is what a 66 NOV 2 61980 ist c Ms. Dena Spillman: Ed, let me just correct you on that. The smallest unit that we're rehabing, and there are only a few of these, is three hundred and forty (340) square feet. Mr. Lacasa: And what is the average, Dena? Ms. Spillman: The average... Mr. Lacasa: Yeah. Square footage in the average. Ms. Spillman: Probably about four hundred (400). Mr. Lacasa: But of course. I would say that anything under four hundred (400) or five hundred (300) is really substandard conditions.* You will be living practically in a hotel room. That's when it has two hundred and fifty (250) square feet. You see, the problem is this, and I have talked to a substantial number of developers who are interested in this because this has a lot of alternatives, Richard. Ths is not just a matter of an over simplification of the realities. A developer might be interested in going into this type of development based on the fact that there is the uncle of tax shelters involved for a certain number of years. So you have the big developers that zlre looking for tax shelters, are willing to build and hold these developments for a certain number of years on an even keel, just paying interest, in their construction loans, probably, and getting tax shelters. And then ten (10) years from now convert. Based on that, we would have the availablity of suitable apartments for... Mr. London: t;ell... Mr. Lacasa: I haven't finished. For rental purposes. But of course, we have to motivate the developer. The City of Miami cannot put in any money because we don't have any. And I do agree with you entirely on that. So the way to do it is to motivate developers and incorporate some of your ideas but try to do something a little bit better than two hundred and fifty square feet. Mayor Ferre: Can we bring this to a. head this way? Could we ask the adminstration to get into conversations with Ed, and Mr. Gireau would do that, and bring all these people back up here, say January. Would that be acceptable to everybody? Mr. Carollo: Mr. Mayor, what I would like to see is that the administration would sit down seperately with the individuals involved, and then if they could sit down and iron out the differences that there might be with the administrations philosophy on this project, and the one Mr. London has presented and then if Mr. London could come back on, let's say January 22nd. There should be plenty of time by that. Would that be acceptable? Mayor Ferre: That's fine. And I think we should bring them all back. I mean, whoever wants to come because this is an open process. Mr. Lacasa: And let's advertise this because this has been...a very limited number of people are involved in this, and I mean developers. A very limited number of developers are being involved in this -City project. Let's advertise this publicly so any developer who might have an interest would come here and share. Mayor Ferre: Well, that's fine and I agree that it has to be an open process. I would, however, like to point out that people like Mr. London who took the initiative to come here with an imaginative idea are entitled to do that. And these other two individuals that have done the same thing, I don't want to deny them or him that right. And eventually all this will be before the Commission and we'll discuss it all publicly and I'm sure before we did anything, and I have told the people that have come to see me, and 'I'll tell you at this public forum, that you realize that nobody has any propriety rights to anything. I mean, if the City get& involved in something, we have to go through an open bid process. %1 ist NOV 2 6 1980 Mr. Carollo: I have a question for the City Manager. Mr. Fosmoen: Yes, sir. Mr. Carollo: If I recall correctly, back a few months ago when the problem, the question of rent control came up before us, you never mentioned anything to us, at least I have never heard anytiing on it, that you have been negotiating, and the previous administration has been ne,;ot:iating with two other individuals or firms in something of this matter. Mr. Fosmoen: Commissioner, let me be as clear as I can. r:e are not negotiating deals with two firms. We aro_- discussinz, wal-:-: with two, three, four, with a variety of developers, finding ways to provide housing at a lower cost than is currently being provided. If 'r. i.on:ion had chosen to contact Dena Spillman or Jerry Gireau or myself, we would have.sat down with him and talked through his project and looked at ways... Mr. Carollo: hav, you spoken to either Dena or Jerry... Mr. London: l just asked Jerry how many Section Vill units were built in the City of Miami during the last year, and 1 think he told me zero. Is that right Jerry? Mr. Fosmoen: We get a variety of inquiries from... Mr. London: New housing. Mr. Fosmoen: ...developers, and if by discussing ideas with them we can come up with some ways that obviously would be put out for public bid, you know, I think that's worth the investment of our time. Mayor Ferre: Sure and... Mr. Carollo: Certainly, and I'm sure you get quite a lot more inquiries in many other areas besides this one. But my point is that if these dicussions have been goind on for six months approximately as stated here, why were we not informed? Mayor Ferre: hecause there. ..it hasn't beer, on for six months. It's been going on for a year and a half and it isn't two, it's fifty (50) of them and it happens on a day to day basis, and these are two that I happen to be particularly Knowledgable ebout because they came to me as Ed London came to you. And what I did is I said hey, listen. That's very nice but you go see Jerry Gireau and if you can talk to him and if it makes any sense, then I'll bring it back to the Commission. And it hasn't come _ back to the Conunission because Jerry Gireau, and Dena, and whoever else is involved in this, and Mel Adams and whoever, have not come to a point where they think it's time to come to the Commission. I don't know what they've talked about and I frankly could care less except that I know what those two people told me. One of their, is a very very large developer in ... from another part of the hemisphere, and another one is an even larger developer. A very very large company. :heir interested? Hey, that's where you start. The line forms over there. Go do all the talking. When they think it's time to come before the Commission, they'll come here. I don't know anything more about it than you do. Mr. Carollo: Well Mr. Mayor, I'm sorry that I have to disagree with you again. But I do care a lot about what they are talking; abort -for the simple matter that I want to find a solution :got two years from now, not three or four years from now, but ri�1i,, away for the tre:r;e,:dou5 housing problem that we have in the City of Miami. And whet I cannot co::-.prehend is that if there has been so many individuals or C01-p0ratians talking, with our administration, why is this the first individual that has come before our City Commission with a concrete plan? Mr. Fosmoen: Commissioner, they have all had suggestei plans. And none of them have been feasible to this point. Mayor Ferre: There's a man in the back of this room by the name of Marty Est �8 Nov 2 6 1S8o 0 Mayor Ferre (continued): Fine who has been dealing with this, that I can remember, for the last fifteen (15) years. He's come here not with one but with ten (10), fifteen (15) plans. He's got several in the works right now and I expect. to 'see him one of these days with another plan. We've haven't been sitting around doing nothing. We have built out of, since we have no housing responsibility, and yet through the efforts of this City, I would dare say that there is at least one thousand (1,000) to two thousand (2,000) units that have been built that wouldn't have been built if the City of Miami hadn't gotten involved. So don't come telling me we've been sitting around doing... Mr. Carollo: If I my ask the City Manager whether some of the other members of the Commission care enough to be informed or not is, their problem, but from now on, I would certainly like to be informed of any concrete plans that are given to you and I would like to have copies of any of these plans that are given to the administration. Mr. Fosmoen: Be happy to provide them. Mr. Carollo: I think that I certainly do have that right under the City Charter. Mr. London: Mr. Mayor, can I close? Mayor Ferre: Yes, sir. Mr. London: Basically, I'm not trying to sell anybody anything other than the idea that we can build low cost, low rent housing in the City. That my group which consists of a few people, Garth Reeves, Raul Masvidal, Willie Borroto a few other people you might not know, we want to just show the City the private sector that it can be done, and then let the City and the private sector take it from there. That's all, we have no aims on taking over the City and developing all these projects for everybody. Mayor Ferre: I wish you would. Mr. London: No. So we just want to show that one project, start it with one unit, one building, this is a test, and say well we all talk about it. In the next six months Mar -built has given me a contract if I give them a contract December 31st, by July 1st they'll have thirty (30) efficiency units, thirty (30) families that wouldn't exist otherwise. Thank you very much. Mayor Ferre: And Mr. Gireau, would you make sure that you follow up on this? And as we've said now January 22nd for all these things to come before the Commission. And Mr. Lacasa says he has several major contractors that also have been ... have shown an interest in coming in with imaganitive ideas. Okay. M NOV 2 61960 I)ISCi'SSIO_' OF 1 �:r)UFST FO=t P';OPOSAL r077. UBLP L:-.VT =Mj Mayor Ferre: Item 5. Cable television systems. Item number 5. Mr. Fosmoen: This i.s in the way of a reminder. We'r not looking at a s".:coed reading today. It will be in December. You're looking for coments _o the staff discussion this morning. Ma;ror Ferre: Very good. All right, will the attorneys that want to address the Co.-nmission please do so"? *jr. Plummer: Mr. mayor, just for the record, may I indicate to you that I have had the opportunity to read the Portland ordinance and it does cover what l have in mind and if you de wish to make your motion again, I will second it. Mayor Ferre: Well we'll wait until Carollo gets back. !,r. Matthew Liebowitz: Mr. Mayor, Mr. Commissioners, my name is `datt.hew Liebowitz. I'm an attornev in H-Ilywood and I represent Watner -Amex. Mr. Mayor, this morning the administration recommended to you a modification; of :oage 9, Section. 8, Para,raph (d) , regarding the transfer of controlling interest on prior approval by this Commission. Warner-Ammex favors such a riodificaticn but we request a clarification. We are concernei that and r the red tilted Sectioi% in question that there wcuid be a prior al_rroval required if a cor„parry would transfer to its parent company or ;1d1a1 ' company '�'itiiout th _' introduction of any other is 11tlO:,ill .-art--es or alteration of the controlling interest. iy,3 We rC'yUest �. ciariflcatlon be lritrGCUCed Or adultiOnal iaiigLdgE' be inclined to that section to cover such a potential possibility. Mr. Plummer: Well even a t,'3i,sfer G1 more than five percent (�%) ,is what I think we acted on this norninc, would require approval from this Commission. So it's as rroad as Lt is lone. Whether it's transferring controlling interest or five percent (5`,.) it has to be approved by this Commission.. so i f that transfer was from your company :.o its parent company or from. to any ot'-:er subsic:iarv, if it was more that: five percent (5%) or controlling interest, this Commission would have to approve it. Mr. Lieborwitz: Comriissioner, I unaerstand your position and at your workshop yesterday your concern was that you didn't want the introduction cf new parties... Mr. Plummer: NO, no. I don't think the concern expressed yesterday was about new parties. We were concerned who the new parties might be. Now if they want to bring in new people or different stock holders, _ I'm not for nne, wanting to try to Say that they can't do that, or they can't sell or transfer stock. But a s z ock transfer of more than five j-,ercr:lit (5%) or a transfer that included a controlling interest is what must be brought back before this Commission for approval. Mr. Liebowitz: Fine. So your intent, sir then is to include even though a transfer situation where it would be the continuance, the controlling interest. and of these same aprties. .-lerely a transfer from one subsidiary corporation: to d parent. corporation - Mr. Plummer: Sure, we would want to know that. Mr. Liebowitz: i understand you want to know that but do you want to have a prior approval of that? Mr. Plummer: Definitely. ist 1/V NOV 2 61980 0 0 Mr. Liebowitz: Fine Thank you very much. Mr. Plummer: Mr. Klausner, is he still here? You all didn't request this morning to speak. There's only two. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: I have no objection. Go ahead now while we're waiting for Klausner. Mr. Michael Isaacs: Thank you. Mr. Mayor, members of the Commission, my name is Michael Isaacs, Director of Planning and Government Affairs for Colony Communications -Dynamic Cablevision. I had brief comments on four areas. I think really none of which of what I'm proposing would give us a particular advantage or be a particular concern to us because of the way we operate, But I think might offer suggestions generally as to the structure of an ordinance that would be beneficial. I'm speaking in part base,l on my experience as general counsel for the Massachusetts Cable Television commission which is the state regulatory authority in Massachusetts. And the time when I was there when licensing started and licensing rules were adopted some of these similar questions came.up. On ownership changes one approach that could be taken which is done in Massachusetts is to require the reporting an annual reporting each year of any ownership change of one percent (1�) or more and to require approval of any transfer of control. And then there is about a page of regulations which defines transfer of control so as to take into account any actual change in control, or when one percent (1%) or less or that amount really results in a change of control. So it gives you a tracking of who owns and also addresses control. Mayor Ferre: That makes a lot of sense to me and I think we ought to get all that information before us, and I think we ought to get that Massachusetts law. Mr. Plummer: Well the only thing, Mr. Mayor... Mayor Ferre: It's a definition of control which is something... Mr. Plummer: 1Io, it goes further than that. What he has brought out that is new and I fully concur with, that annually they shall supply to the City Commission a complete list of owners of one percent (1%) or more of stock. We still will retain a five percent (5%) approval, we will still retain controlling interest transfer. So I think you're added point is very good. Mr. Iaasacs: Thank you. As far as ownership... Mayor Ferre: Wait, so we can ... do we have concurrence on that? I agree with it, do you? Okay. Mr. Isaacs: As far as ownership disclosure at the time of filing the applications, we agree with the Mayor's and Commissioner Plummer's concerns, or their points on only wanted limited disclosure by all applicants at the outset, and a further more detailed investigation later of the winner. For comparision purposes though, again we would suggest that there be disclosure of all ownership interest in the application themselves. The approach, for example, that's be -en- adopted in Massachusetts under recently promulgated regulations is that all ownership, all ownership interest in the applicant have to be disclosed. All agreements pertaining to ownership have to be disclosed. This includes, for example, the amount for which shares were purchased or services rendered for the purchases of shares if no amounts, if no monetary consideration was paid, and also agreements relating to the sale, agreements that have been executed relating to the sale or buy back by the company of ownership interest. However, as far as lobbyists are concerned or representatives, all that's required is a listing of parties representing the applicants but financial information, information as to retainer agreements or terms of employment is not required. The only details are on the local ownership. Again, there is a regulation in 171 ist NOV 2 61980 U Mr. Iaasacs (continued): Massachusetts. We can provide copies of that if you are interested in seeing that. Mayor Ferre: Have you seen this Oregon thing that we were moving around? Mr. Isaacs: Yes, I have. Mayor Ferre: Does that cover it sufficiently? Mr. Isaacs: Well my only cor�anent here would be that I think, again, for comparison purposes, you might- to specify having access to or disclosure of collateral agreements relating to local ownership. The point being, is there intended to be a sale of that interest immediately following the grant.... Mayor Ferre: Rlyr,t. Okay. I accent all of that and that should he on the record, but I think it should be on the record for whoever is the successful bidder. Wnat I don't want to get into is one o= these witch hunt, you know, let's get them at the press level, gossip cCluIrLrl, naming calling kind of ;huff. You know, let's ,",ot submit everybody to that. Whoever is going to the winner., full disclosure for everything. I've got no problem with that. Mr. Isaacs: The...therc are Lwc. other brief points. Concerning a possible r-nini-,-num fee, I think one of the imTcrtant issues. that's been raised is the predictability of whams that fee wilt. be on &r, annual basis. One suggestion or one way to structure t:,at that you might consider in coming up with a fee that's both reasonable and rives you predictability and is based on what a rcasonahle eapeztation would be, to have that minimum fee be based on an averace of the fees paid to the City or possibly the highest fee paid to the City in the first six (6) vears of operation. S6 In esseIice, what you'll do is see how much money the companies are read;: paying.ATter the time the system is constructud, when subscribers come on line, take that highest fee in the first six (6) years to be the hi; _.est fee. That could also i:e adjusted for inflation. Also, In year ten (10), ,`or example, thus: could be, that minimum fee would be adjusted as applying for the next five (5) years. I'm suggesting that instead of specifying a dollar amount, and instead of making that an item on which applicants would be. The experience in other communities has been that that is, that a bidding process addressing that question has not been very satisfactory. Mr. Plummer: That's not acceptable to me, sir. The minimum percentage that we speak of from the FCC is three percent (3%), maximum it is five. (5), and I see nothing wrong with any company offering the City a minimal annual return of three percent (3%) of cable services. I see nothinc wrong with that. Mr. Isaacs: We sunport that, Commissioner. What I'm suggesting is, I'm addresssing the point that we're saying what happens if fees drop or subscribers drop for any reason. How do you set an absolute minimum? We would, we agree with having a percentage. I was addressing the point, or if there was a desire to have a dollar amount stated in addition to the percentage. Mr. Plummer: Well I definetly want to go for a dollar amount. Mr. Isaacs: Well what I was suggesting is the dollar amouni could be the highest fee paid in the first six (6) years of operation. Mr. Plummer: What do you mean no? Mr. Fosmoen: You're looking at they, establishing the minimum dollar amount, really nine (9) years from today. It's going to take you three (3) years to string cable... Mr. Plummer: Oh, you're saying with his proposal? Mr. Fosmoen: Yes. .72 ist Mee. Plummer: Oh, I'm not in agreement with his proposal. Mr. Fosmoen: Oh, okay. Mr. Iaasacs: The only other point, one additional area that I think would require clarification in the audience would be a definition of additional services added on to the cable system. For example, does that mean the addition of every particular programing channel, or by that do you mean the addition of a new kind of service, for example, security services if they were not offered before? Mr. Plummer.: Well, it only relates, excuse me. It only relates in the scope of operation to the point at present, I think they're calling for the company must provide a minimum of forty channels. Is that correct? Mr. Fosmoen: Forty-two (42) Mr. Plummer: If in fact your operation were to go to eighty-four (84), okay? New scope, new negotiation. Mr. Iaasacs: That's the point... Mr. Plummei: So that's where, yes additional channels would be for additional income. Mr. Isaacs: What I was suggesting, I think that it be drawn so that approval is not required for, for example, if you add, if a new satellite, a new particular satelite service comes on and that's just added as a part of basic service that does not require expansion of the channel capacity itself. It's just merely adding a another...you know, you think up a new channel to put on and add that into basic service. Mr. Plummer: 1 have no problem with that. Mr. Fosmoen: :if somebody buys a packet, let me get clarification from the Commission. If somczhody buys a package that includes six (6) channels, at the same basic fee the company decides to add a seventh (7th) channel, then it would not trigger renegotiation. If, however, they tried to increase the fee for that channel it would trigger renegotiation. Mr. Plummer: Oh, very definitely.Plun if it is something other than what we know is the entertainment portion. If we went to the medical rescue, or the burglar alarm, or the fire alarm, or those which to me is a separate facet, it is no longer then used for solely entertainment. That's a different ballgame. That's why I say that we've got to be very narrow and very close in the scope of what is the operation of the awarding license. Mr. Isaacs: That's the point that I was agreeing with. Mr. Plummer: Even if we went to that thing, God forbid, where you could talk back to the computer. Mr. Fosmoen: Mr. Mayor, Mr. Klausner has indicated that he has had his questions answered so there is no reason for him to make an appearance. Mayor Ferre: Well, we have to wait now until Father Gibson and Carollo get back so we can pass this motion. Unless you all want to do it. Mr.Plummer: I wouldn't deny them the opportunity. Mayor Ferre: Well when they come back, I'm going to make the same motion that I made this morning and we'll take it from there. Okay. In the meantime, is there anything else that needs to be said on this cable t.v. Mr. Plummer: Mr. Mayor, just so that we, the Commission, understand, we're going to pass this on second reading... Mr. Fosmoen: on the 17th. ;3 C Mr. Plummer: On the 17th of December which will start the time running on the RFP. Okay. So then that takes us, we would look then to the r middle of March that the proposals would come back in. Somewhere around the 4th of July, the rockets will red glare with an award of a license. Mr. Fosmoen: Yes. I'd like to'get finished before you break for August. Mayor Ferre: Anything else on item 5? (AT THIS TIi E, THE CITY CONLMISSION TEMPORARILY DEFERRED THE ABOVE ,ITEM TO LATER IN THIS SAME MEETING) 1.9. FIRST AND SECOND READING ORDINANCE: INCREASE FEES AT CITY AUTO POUND Mayor Ferre: Nine, the City Auto Pound. Anybody here on nine? Whose here on nine. Mr. Plummer: A policeman is here on nine. I move item nine. Mayor Ferre: All right, there is a motion on item nine. Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: We're on item number nine. Call the roll on first and second reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 35-33 ENTITLED: "IMPOUNDMENT OF VEHICLES --STORAGE CHARGES AT AUTO POUND", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980); PROVIDING FOR AN INCREASE IN STORAGE FEES FOR MOTORCYCLES, PASSENGER VEHICLES AND TRUCKS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND DISPENSING WITH THE REQUIREMENT OF RLADiNG SA."IIE ON TWO SEPARATE DAYS BY A VOTE 01. NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE C&2-11SS10N _ Was introduced by Co missicner Plummer and seconded by Commissioner Gibson, for adoption pureuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: _ '74 NOV 2 61900 AYES,* Commissioner J. L. Plummer, Jr._ Commissioner (Rev.) Theodore R. Gibson - Commissioner Joe Carollo- Vice -Mayor Armando Lacasa -_ Mayor Maurice A. Ferre NOES: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. ' ,. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo ` Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS _DESIGNAT_ED ORDINANCE NO. 9201 The City Attorney read the ordinance into the public record and announced that copies were ,available to the members of the City Commission and copies were available to the public. CO:1C':".?'II'G CT:£Lr T.V.; DI :,ECG:' CI-Y ?'Z1011 TO '.i7h=:n OF LI('�'IST'S TF77 7 FULL VT"aT'CI.0 �CLnSi;7�7 FF.T.: T3v "HF ;!'CC-1;SFUL rIT) )F''.; t)!t!-CT CITY r ". F.r TO `'_I L LIST OF ''.LL 1'Tm.rrS n.I:^ Lr_I':G 0 CABLE T.V. '( ()l-ITCc TO' _- Mayor Ferre: Yes, now we're returning to item 5. I pass the gavel to the Vice-`daycr and I would move you, sir., that we adopt the what is called the "Oregon Part II (?wnership and Financial Resources", number one, and number two, that before the award of ... to the successful bidder on the cable t.v. license that a full disclosure of ownership and the other information that has been discussed by Commissiner Plummer in his statement this morning be made by the successful winner before the awarding of the license, I so move. Mr. Plummer: Second the motion. Father Gibson: Any discussion? Call the roll, please. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 80-645 T. MOTION OF THE CITY COMMISSION ADOPTING THE "OREGON PLAN" CONCERNING CABLE T.V. AND DIRECTING THE CITY MANAGER THAT PRIOR TO THE AWARD OF LICENSES TO THE SUCCESSFUL BIDDER FOR CABLE T.V. SERVICES IN THE CITY OF MIAMI, THAT A FULL FINANCIAL DISCLOSURE BE MADE BY THE SUCCESSFUL BIDDER BEFORE THE AWARD TAKES PLACE Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None 75 NOV 2 6 198Q Mr. Plummer: Did your motion include item 5? It included item 5 with that amendment? Mayor Ferre: What? Mr. Plummer: You actually... Mayor Ferre: No, we can't vote on 5. That's an ordinance that's coming up on the... Mr. Plummer: You spoke just to those items of amendment and then I'm also to understand, Mr. Mayor, that all of the rest of the things that we discussed today will be incorporated in the new ordinance and in the RFP. Mr. Fosmoen: Yes. Mayor Ferre: That's right. Do you want to formalize it? Mr. Plummer: I just want to make sure so that somebody doesn't run back here on the 17th and say, oh well we... Mayor Ferre: Formalize it. Mr. Plummer: Yeah. Do you remember yesterday, the man said he only spoke to what the industry raised questions, and I asked what about the questions that were raised by the Commission and he didn't address those. Do you remember that? Mayor Ferre: Plummer moves, and you'll have to send us a list of whatever we moved so that we can formalize it on the 17th. Mr. Plummer: Ar. Me, or, I would hope that list would come to us before the 17th. Mayor Ferre: Of course. It has to come if we're going to vote... Mr. Plummer: So we can get this finished on the 17th. Mayor Ferre: All right, Mr. Lacasa second. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-846 A MOTION DIRECTING THE CITY MANAGER TO MAKE A COMPREHENSIVE LIST OF ALL MATTERS RELATING TO CABLE T.V. PREVIOUSLY DISCUSSED BY THE CITY COvLMISSION SUCH TO BE SENT TO EACH COMMISSIONER AS SOOT; AS POSSIBLE Upon being seconded by Conunissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Ccmmissioner Joe Carollo ABSENT: None 76 NOV 2 6 1980 21. FMIFRGENCY ORDINANCE: ST3tESS C01;TROL TRAINING COURSES FOR POLICE OFFICERS Lip REGION 14 Mr. Plummer: Mr. Mayor, can we take up 3 (d). There's a policemen here who had to come in off his vacation? Mayor Ferre: Yes, sir. Mr. Plummer: I move 3(d). Mayor Ferre: There's a motion on 3(d). Is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Read the ordinance on an emergency basis. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED AN alERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14: 1980-81", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $25,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa 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 J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the City Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 77 tot NOV 2 61980 A SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9202 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. 22. AU'LHORIZE CITY MANAGER TO NEGOTIATE CONTRACT: PSYCHOLOGICAL SERVICES FOR ME1\1BERS OF :IIA.*11 POLICE DEPART'1hNT Mayor Ferre: 16(a) has been moved... Mr. Plummer: 16 (a) I move. Mayor Ferre: And has been seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-847 A RESOLUTION AUTHORIZINC- THE CITY MANAGER TO NEGOTIATE A CONTRACT TO EMPLOY THL PROFESSIONAL SERVICES OF THE COUNSELING AND STRESS CONTROL CENTER FOR THE PURPOSE OF PROVIDING PSYCHOLOGICAL SERVICES DURING 1.981. TO MEMBERS OF THE MIAMI POLICE DEPARTMENT, WITH THE COST OF SAID CONTRACT NOT TO EXCEED $26,000 TO BE PAID FROM SPEC -AL PROGRA..MS AND "CCOU'NTS PUBLIC SAFETY CONTINGENCY FUND; WITH SAID CONTFv%CT TO BE SUBMITTED TO THE CITY COMMISSION FOR ITS APPROVAL PRIOR TO EXECUTION THEREOF (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (REv.) Theodore R. Gibson Commissioner Joe Carollo Vice -:-favor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 78 NOV 2 61980 tat 23. EXECUTE CONTRACT: STRESS•CONTROL. TRAIJING COURSES FOR POLICE, OI"FICEIRS TN DADF. A*,*i) MONROE COUNTIES Mr. Plummer: Move 16(b). Mayor. Ferre: Plummer moves 16(b). Is there a second? Mr. Carollo: Second. Mayor Ferre: Seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-848 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT SUBSTANTIALLY IN THE ATTACHED FORM BETWEEN THE CITY OF MIAMI AND THE COUNSELING AND STRESS CONTROL CENTER FOR THE PURPOSE OF CONDUCTING STRESS CONTROL. TRAINING COURSES IN DADE AND MONROE COUNTIES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr Commissioner Joe Carollo Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 9 NOV 2 61980 n.0 24Oi C.:S u:. f`.'1V'i CF Ti.LEVISIO". Mayor Ferre: Mr. Plummer moves that item 5 be deferred until the 17th of December. Seconded by Father Gibson. _"urther discussion: Call the roll. THEREi PCP , on motion duly made by Commissioner Plummer, and seconded by Commissioner Lacasa, the City Commission D,FERRED CONSIDERATION OF THE ABO%T MATTER TO THE MEETING OF DECEMBER 17, 1980, BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor :;aurice A. Ferre NOES . NONE 25. DEFERRAL OF UNSIDERATION OF CRIME CONTROL ORDINANCE Mr. Lacasa: I want item "H" to be deferred until December 17th. :•r. Plummer: Second. Mayor Ferre: All right, there's a motion for deferral on "H", and a second. Further discussion? Call the roll. THEREUPON, the members of the City Commission on motion duly made by Commissioner Lacasa and seccnded by Commissicner Plumimer, UNkNIMOUSLY AGREED TO DEFER THE ABOVE :MATTER TO THE DECEMBER 17th CITY COMMISSION MEETING k NOV 2 b 1j80 AV 26. FIRST AND SECOND READING ORDINATNCE: BURGLAR AI,ABI.l UKUi":A,�CE i Mayor Ferre: Item four. All right, take up item four. Ordinance _ first and second reading on the burglary and robbery alarm ordinance. Are you opposed? (INAUDIBLE BACKGROUND CO?LMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: The Chair will recognize you and anybody else that wants to speak on this item. Name and address for the record. Mr. John Waterstreet: John Waterstreet, Vice -President, Dade Savings and Loan Association, Association Security Office, 1.01 East Flagler. First off, basically the certified protection provision, we are not opposed to the basic concept of the ordinance. We would ask that financial institutions by virtue of their Federal regulations under the Bank Protection Act of 1968 through the Federr,l Reserve Board, through the Federal Bank Board, part "B" through part 563(a) of the U.S. Guide, we be exempted or excluded from the ordinance. Mr. Plummer: What does that basically say? Mr. Waterstreet: Basically, it says that by Federal regulation, we are required to have a security program, we are required to designate a security officer directly responsible to the Board of Directors only... Mr. Plummer: No, what does our ordinance that you're asking us to waive say, sir? Mayor Ferre: They don't want to secure a permit. They say that they've got to do it by Federal regulation and why should they have to pay for a permit when they're forced by Federal law... Mr. Waterstreet: We're required by Federal regulation to do it. Mayor Ferre: They want an exemption. Mr. Plummer: Well I'll tell you why, sir. Okay? You're representing which bank, sir? Mr. Waterstreet: Dade Savings and Loan. Mr. Plummer: Dade Savings and Loan. They're not a bad offender, okay? But some of the banks in this town, especially branches of major banks, are some of the prime offenders we have in putting in very slip -shod equipment. When we, the Commission, make an ordinance, sir, we have to make it uniform. And yes, even though it is for the most part for the good, there are some people who will feel the pinch. All we've saying is that a licensing is required so that we, the City, can know who is doing the installation and assuring the City that false alarms are not going to be constantly occurring. It is the only control, sir, we have over you. You, the banking industry, to say to you, we're going to make sure that you put in a good alarm. I'll give you... I'm not going to, there is one in particular bank, sir, that I can tell you that almost every day that alarm goes off, and every day, almost in prime time of traffic, we try to get out and try to get two police cars and tie them up for two hours. _ Mr. Waterstreet: May I suggest, sir, the easiest way to solve that problem is a simple letter to the Chief Examiner who would require a reply within ten days. A possible inspection and a possible revocation of insurance which will leave that particular institution without insurance, thereby, unable to do business with the public. 81 Ut NOV 2 6 1980 H Mr. Plummer: That's fine, sir, and I hope Lieutenant Pearce has made note of that because I don't think we're aware of it. But;;ir, why do you have a problem with a simple license? I don't understand. Mr. Watersteet: k9ien w_• begin to talk about large institutions with numercus branches, we are talking a number of dollars, and when we get into advanced technology to totally avoid all of the false alarms that we would like to have, we're talking about tremendous expenditures. Mr. Plummer: What are _you talking about in the license fee? Lt. Pearce: Mr. Waterstreet, himself, would be talking approximately one hund,-ed dollars 0100). Mr. Plummer: One hundred dollars a year? Lt. Pearce: Yes, sir. Mr. Plummer: You're telling me, sir, that Dade Federal, where I've got all my beaucoup dollars, has got a one hundred dollar problem? Mr. Waterstree-: I'm not speaking for only Dade Savings, sir. I'm speaking for all of our financial institutions. All the savings and loans, all of the banks. Mr. P1um;mer: Sir, 1 appreciate your comments but 1 am hard-pressed to _ waive a one hundred dollar fee for Dade Federal or other banking institutions. I'm sorry. Mr. Carollo: Not only that. I think that, if I'n, correct, this ordinance is actually going to ;sake it cheaper than the present ordinance that we have. Fight now we don't gave any ordinance. Is that correct, Lieutenant'. l.t. Pearce: We, nave arbitrarily initiate.: warnings based on the fact that we're trying to implement the new ordinance. Air. Carollo: tut the ordinance is... Lt. Pearce: The old ordinance had no provisions for warnings. Mr. Plummer: For a license. Mr. Carollo: I'm not talking about a license. I'm talking about if the burglar alarm goes off, that from the start they have to pay if it's unjustifiec. Mr. Plummer: Right. Mr. Carollo: ;.his new ordinance, it's my understanding, that it's going to give them five or six warnings before they have to pay. In other words, 5ou'il be getting five freebies, while in the present ordinance you're really not getting any. Mr. Plummer: I hope further that it's not misunderstood, sir. - This in no way is construed to be a revenue producing ordinance. What this is being construed, is because last year in January some eleven thousand (11,000) police hours went to answering false alarms. If we can reduce that by fifty percent (50i.), that's fifty percent men back out on the street which we desperately need. Mayor Ferre: Okay. Lieutenant, do you have anything else you want to... Mr. Waterstreet: But basically, the non-professional mom and pop organizations, the jewelry scores that have no security officers, that have no security program, and when we are Federally required to have such programs and can be chastized through Federal regulations, why is there a necessity to group us with all of the other locations. In speaking. with Lieutenant Pearce, 82 6 NOV 2 1980 let R Mr. Waterstreet (continued): he indicated that he would have no problem in the exclusion of financial institutions. Mayor Ferre: Is your problem a philosophical one? Because obviously, it can't be the one hundred dollars. Mr. Waterstreet: No, it's not the dollar a month. It's going to add further administrative burden through this. We are now required to provide emergency information on each and every permit that we have. Evertime that it changes, we are currently required to do that in any instance. Mr. Plummer: That's with the FEDs not with local. Mayor Ferre: Lieutenant, do you have problems with financial institutions being excluded? Lt. Pearce: I can't say yet, sir, because of the fact ... I met with Mr. Waterstreet yesterday, and I informed him that I would like to meet with the Chief Examiner, the person who is in charge of administering their insurance corporation. It appears that the sanctions provided by the Chief Examiner could be more restrictive than the ones we're proposing in the ordinance. Under those circumstances, I would say fine. _ Mr. Plummer: Let's reverse it. Let's don't waive it so we can get this thing moving. All right? You then meet, you the department, meet with the examiners. If you have a justified reason to come back to this Commission and say yes we agree and it should be waived, then this Commission will waive it. Okay? Mayor Ferre: Further discussion on the ordinance Mr. Waterstreet: We have no objections to that. Mr. Plummer: Fine, I move it. Father Gibson: Second. Mayor Ferre: All right, it's already been moved and seconded. Read the oridnance. (AT THIS TIME, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE NO. 8986, ADOPTED OCTOBER 17, 1979, WHICH DEALT WITH THE SUBJECT MATTER OF BURGLARY AND ALARM SYSTEMS, AND SUBSTITUTING A NEW ORDINANCE ENTITLED: "BURGLARY AND ROBBERY ALARM ORDINANCE"; PROVIDING DEFINITIONS; REQUIRING ANYONE IN CONTROL OF PREMISES WHERE AN ALARM SYSTEM IS MAINTAINED TO SECURE A PERMIT; ESTABLISHING A PROCEDURE FOR AUTOMATIC REVOCATION AND PROVIDING CONDITIONS FOR REINSTATEMENT OF SAID PERMIT; CONTAINING A PENALTY PROVISION, REQUIRING ALARM USERS TO HELP COMPENSATE THE CITY FOR UNNECESSARY RESPONSES BY THE POLICE 10 FALSE ALARMS; ALLOWOING AN APPEAI. FROM A DETERMINATION THAT AN' ALARM WAS FALSE; PROVIDING THE POLLCE DEPARTMENT I.ITH THE AUTHORITY TO SUSPEND ITS RESPONSE TO ALARM SYSTEJIS THAT ACTIVATE A CERTAIN NUMBER OF FALSE ALL IS THLREBI' CREATING THE PRESUMPTION TIU T THE ALAIUl SYSTEI-1 IS MALFUNCTIONING; PROHIBITING THE INSTALLATION OR MAINTENANCE OF ALL AUTOMATIC '1LLEP101NE AI.PJdl DIAI_lI.G DEVICES WHICH TRANSMIT OVLI: 1ELLPHONE LINES EXCLUSIVELY USED BY THE PUBLIC TO REQUEST EMERGENCY SERVICE FROM THE MIAMI POLICE DEPPJtTKENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING 83 NOV 2 6 ist F WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOIL OF NOT L;:SS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION AND CONTAINING AN EFFECTIVE DA-E Was introduced by Cor,,:,issioner Piumzer ur,d seconded by Commissioner Gibson, for auloption ;)ur1-uant to Section 4, ?'4rasraph (f) of the City Charter dispensing with the rec,uirL-u-nt of rLadin?.:, same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson CoxxAssioner Joe Carollo Vice-:la;or Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9203 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. ist W7X Nov 26 ��3 6 t 27. DENIAL OF AWARD OF CONTRACT FOR ADVERTISING SERVICES FOR RECRUITMENT OF POLICE OFFICERS DLRECT CITY MANAGER TO ADVERTISE & SUBMIT FIRMS Mayor. Ferre: Alright, is there any discussion on Item 11? Mr. Plumner: Yes, much discussion, Mr. Mayor. Mayor Ferre: Alright, go ahead and start. Let's get going with it. Mr. -Plummer: You want to get it over with? , Mayor Ferre: Yes, sir. Mr. Plummer: Alright, go ahead, Manager, you state your... Mr. Fosmoen: Mr. Krause? Mr. Plummer: Basically, let me tell what my objection is. There is not enought information provided as far as I'm concerned on what they are going to do for the hundred thousand dollars. This Commission does not retain sufficient control as far as I'm concerned and I fail to find anything in the backup material of where discussion was entered into with at least three companies. Mr. Fosmoen: Bob, do you want to respond to the last first? Mr. Krause: Mr. Mayor and members of the Commission, the memo to Mr. Fosmoen which was distributed to the Commission does indicate that we talked to three firms. On Black owned Firm, one Latin owned firm and one Anglo owned firm. Mr. Plummer: I stand corrected. Mr. Krause: Those happen to be more by coincidence than anything else the three firms that voluntarily approached the City expressing an interest in doing the advertising. Mr. Plummer: Alright, I noticed this company does not exist in the City of Miami. Mr. Carollo: Well, a lot of our administration don't exist here either after working hours. Mr. Plummer: That we were saddled with before. Sir, let me ask you. What is your background in this business? Have you ever done anything in the area of police work before? Mr. Winston Hale: I've got a great deal of experience in the business of advertising. Mr. Plummer: For the record would you state your name and mailing address? Mr. Winston Hale: I'm sorry, yes. Winston Hale, President of Graphic Productions and Design at 6792 S.W. 97th Avenue, - - Mayor Ferre: Where? Mr. Plummer: 97th Avenue. Mr. Hale: 1 was giving you my... No, not 97th Avenue, 62nd Avenue. 97th is my home address. I just got it mixed up. Mayor Ferre: Where is he, New York City? Mr. Plummer: South Miami. Mayor Ferre: Oh, I'm sorry. I thought you said they were not in Miami. . C3v GL NOV 2 6 1980 C or Mr. Plummer: They are not in the City of Miami, Mr. Mayor, Mayor Ferre: Oh, oh, I'm sorry. Mr. Plunnuer: Go ahead, sir. How long has your company been in business? Mr. Hale: This company has been in business for a year from November last scar, but (Unintelligible) Mr. Pltcmncr. Sir, ;You are going. to have to speak... .tr. Hal.« OK, (Cnintelli�ihle) s fourth to the largest advertising akcncy in the wozld. 1 worked with them :or five years on major campaigns. Pepsi Cola campaign, Dow Chemical campaigns, a whole bunch of stuff that has given me quite a background in multi -media communication. 1•ir. PIumJiicr: Well, iak. What is the largest contract that you have handled during your year of operation? Mr. Hale: In the ousiness that I'm presently in right now? Mr. Plummer: Sir, the company that we are dealing with. We can't deal of your part. We can only deal with you present. ',•ir. Hale: Well, I have donc work for the City of Miami in the Planning Department already, sir, with Mr. Jim Reid producing some brochures from design. ?:r. Plurr,mer: 16Tat was the amount of that contract? Mr. male: It wasn't too much. It was thirty-three hundred dollars, but that was for concept and design of some brochures. Mr. Plummer: Miat is the largest contract you have handled in the year of your existence? Mr. Hale: The largest mount was about twelve thousand dollars. But that was not for multi -media. Mr. Plunmaur: Twelve thousand dollars? Mr. Hale: Yes, sir. Mr. Plummer: Who besides yourself are principal owners? Mr. Hale: I'm the principal owner. I'm the President of the corporation. Mr. Plummer: lsho else is involved, sir? Ar. hale: Ok, I have trot a creative director, Mr. Mel Holland who does all the design work. I have got a bad one from Jamaica where I'm from sir in doing radio and television commercials. I have done a great deal of this prior to going to New York and working for six or seven years. So I have got the proof in the pudding where I have done some of the design work. I have written radio and television commercials. Mr. Plummer: Well, see, unfortunately, sir, I'm having to ask all of these questions btcuuse we were not furnished with this material. Mr. Bale: Well, that's alright. That's what I'm here for. Mr. Plummer. Ok? Mr. Hale: To clarify to you that I'm capable of doing the job. Of course, every penny that's been spent is accounted for in a very simplified procedure that everybody can understand. Radio time, what we spend on brochures, whatever. Everything would be accounted for, sir. There will be absolutely no question as to what's going where because we want to get this campaign off within a period of time. So the less time we spend on things that can affect it without anticipating it, the better off everybody will be. Mr. Plummer: As I understand this contract, Mr. Fosmoen, twenty-one thousand dollars is payable to this company in particular. Seven thousand up front and 81 86 NOV 2 6 i�w fourteen later. Is that correct? Mr. Fosmoen: Yes, sir. Mr. Krause: Yes, sir, those would be advance payments for the creative work _ that would be done in order to get the advertising campaign started. That would be recouped by the City through refund of commissions paid through the insertion of advertising. Mr. Plummer: That's what I was getting to. What about that refund fee? Who gets that? Mr. Krause: The City gets that. Mr. Plummer: Is that spelled out in this contract? Mr. Krause: Yes, sir. Mr. Plummer: Show me where. Mr. Krause: It's on page 3, paragraph "C" and it is the third sentence which says it is understood... Mr. Plummer: Ck, page 3? Mr. Krause: Page 3, paragraph "C", the third sentence. "It is understood and agreed that an amount of three thousand dollars per month shall be deducted from such reimbursement until an amount of twenty-one thousand dollars representing the first two payments has been recovered by the City. Mr. Plummer: The average, as I recall Mr. Krause, is a ten percent rebate. Mr. Fosmoen: It's more like fifteen. Mr. Plummer: It's fifteen? Fifteen, Mr. Krause, only refers... We are talking -_ about twenty-one thousand ten... it still wouldn't cover the twenty-one thousand dollars. Fifteen percent of a hundred thousand is fifteen thousand dollars. Mr. Krause: The amount of the Commission may vary among different types of advertising. As far as the City is concerned we don't care what the commission is as long as we get a hundred thousand dollars worth of advertising for a hundred thousand dollars worth of expenditures. The twenty-one thousand dollars will be refunded to us. Mr. Plummer: Alright, let me ask you why in this contract, Mr. Fosmoen, it only speaks of this company working with the Human Resources and not the Police Department? Mr. Fosmoen: The recruiting process is being coordinated through the Human Resources Department by Police and Human Resources both work for me, Commissioner, and there will be coordination between the two. It is simply a who is responsible for administering the contract, making sure that the work gets done on time, but there will be full coordination between those two departments. Mr. Plummer: The only other thing that I would request out of this contract is that a monthly report be made to this Commission. It's not provided for in the contract. I would like to know on a monthly basis the same as what we have the Police Chief doing. How many ads you placed? k'tiere you placed them? And keep us current at all times. Mr. Fosmoen: And we can do that we don't need that provided in the contract. Mr. Plummer: And you feel certain that a company in business only a year... Do you feel comfortable with that? Mr. Fosmoen: Given the background of the individual who heads that company, Commissioner, 1 think that they can do a more than adequate job for us. Mr. Plummer: Alright, sir. Rev. Gibson: Move. NOV 2 6 1980 1 Ed a Mr. Plummer: Second. Mr. Carollo: If I could ask a question. Go ahead, Mr. Lacasa. Mr. Lacasa: Thank you. You see, one thing that I really, 1 cannot understand is with the unemployment as high as it is, ont_ of. the :aajor problems that I have in my office is a nuz,:ber of people that come to my office asking for jobs, that we have to spend a hunt.red thousand dollars of City monies to ask for job applicants when we have a long list of aonilcants and we have a number of employment 1;ti'nC]c'.:;. There l.c `_plc'. Yior..,..i SLaLe .., _ilo-.,ment Agency with prof,,_ .ionals and there is i.ilIlch Of ikLt'ni_:lu Lnvo-lv,'o cIi the piacirl6 Of people and n, we, have t_c, come out with one hundr�2c thou:,and doiiars of City It',r people to cO%iet anti apply. Cercalnly, sir.., and we have a depart ;_:;Y I E ii',;ali Resources here! Cur-:Liinly, sir, 1. rt'aily fail to See why sho,i,u L1et� C;ty of 'Miami spend a hundred thousand dollars telling people in a market that is tull of unemployment and now we are talking about minorities and I a:,k },,u. specially about minorities, black and ?.atins, how many people Of Uiie,..tii}'il,ent .. Lhe unemployment list we have there, no way. Mr. ciii Xr. lacasa, all the liEoplE that come to your Office lUOklllg It r 'i S art ?ki:IF IUr Silit, 1 Nisei, Uxecutive jobs. Second of all, Mr. I.aca. a, 1 wo".,i ,.rli:�', to your attencion, Sir, that tftis is not something that is now.'rt :lave, .;pee,_ u:onics in tilt' past. for advertisin,- f police officers .3s : u c_ t„L '•'iami herai(i t,', g, c o%f ice eli). This is to me a Cr1Sli it118Li "l lie �,:"i C,i Lit. Ure coCir-,eting with ]Jade_' County for two hundred filLy I c,..w Bier: as they are ant; be cause of the fait it is extra ordinLiry st'rvick-:s that wu are luokin,,, for LJ cu-mu out '+nth the nrO8ram tO meet the goals cf two hundred sixty new polio officers. This -Ls nothing ;lore than an expan:=ion on the Human Resources advertising budget to allow for this extra ordinary situation. Mr. Carollo: Mr. Bale, is it? ITis adaress 6792 So.ithwest 6.2nd Avenue. Is this wnere you are located at? Mr. Hale: Yes, sir. Mr. Carollo: is this commercial property or residential? Mr. Hale: It's commerical property. It's right across from some homes for some elderly people there by the J. R. E. Lee Schools. Mr. Carollo: It's approximately three blocks from the hospital there? Mr. Hale: Absolutely. South Miami Hospital, yes. Mr. Carollo: Alright, Mr. City Manager, if I may, you are absolutely in your right to be able to five us this corporation as the one that you are recommending to us. however, I am within my rights to ask, demand if I have to, to see all the requests :hat the other corporations have made to the City of Miami. I don't thii;lc i..'s fair at all that you want me to base a decision that involves a hundred thousand doildrs possibly on whatever opinion you decided upon. I like- to see for T%y!.elf what these other corporations proposed to the City and for that matter 1 r,,aily wonder if this process has been done in the best intcl_eE,t_ for the_ City. Just because three companies that have been... Well, I don't want to use this expression., but if I may use this expression as we all know, we have companies for different projects. There are always hanging around City Hall as vultures waiting; for something to fall to pick it up. Now, I'm not saying that. this is the case of these companies. This one especially, 1 know nothing about. This is the first time I heard of them. But I don't think it's fair t'hnt Oust. bect,use these people were at City Hall -at the right time, that we didn't make any effort--- it would have been a very small effort, of .: in.,Lttr of one or two or C:irec days--- to have contacted other companies, especially companies that have a proven track record. With all respect to •tou Mr. Haie, so:.t thing .-is it:iportant as this to the. City of Miami, where we art- ilirinc police officers th.it should have been hired a long time ago and we ;.ire bn" nding may to up to a hundred thousand dollars in this effort, I can't go along in taking a chance in a company that's been established for approximately d year. And this is Lny opinion, but I will like to &et the other presentations that tale--- or proposals that the other companies have made. Mr. Fotimocn: You want us to provide those for you today, sir and perhaps we can take this up later on today? 81 •• • NOV 2 6 1080 C Mr. Carollo: Well, Mr. Fosmoen,";.i certainly hope that you provide it to me in an appropriate time. It's !-Ti n.-:,re than one occasion that in this Commission, sir, since you have be_..s, --ir. temporary City Manager, I have requested different things and you tell me it be there and I wait and I wait and I wait and I still don't receive it. -o this is one instance that I would certainly hope that whenever you te);, m.-_ that you will send it to me that I can receive it, sir. Mayor Ferre: Alright, further cow.,(.,i:s7 Mr.. Plummer: Well, let me ask... Mr. Fosmoen: If I have not provided the Commissioner with some information that he has asked for, you know, may- br• you can remind me, but I... -if you wish I will provide you the background of the other submission today. Mayor Ferre: Well, what did you asp. for.. Mr. Plummer: Let me ask this quest -inn. M,;. Fosmoen. The point that bothers me that I think Mr. Carollo, was raising. Did we advertise for companies? Mr. Krause: No. Mr. Plummer: I withdraw my motion. Mr. Krause: May I please discuss some of the background because I have been responding to questions without and opportunity for the Commission to understand the perspective in which the work was done. Mayor Ferre: Sure. Of course, go ahead. Mr. Plummer: Sure. Mr. Krause: The Commission in early October adopted a motion to set aside a hundred thousand dollars or not to exceed a hundred thousand dollars to expedite the police recruitment prcgr.am. At that time there was a discussion of whether or not the City would engage zhe services of professional companies to produce newspaper advertising, radio commercials and that type of thing and have the City insert the ads in the, paper. At the request of Mr. Gary of the Manager's staff shortly after the Commission passed the motion on the dollar amount. I prepared a draft of proposed criteria for any advertising firms to meet. I distributed that to the Police Chief and to Mr. Gary. We discussed it separately. Mr. Gary mrde one addition to the list of criteria which was that any successful firm ..could provide training to the police officers who are going tc be doing the outreach recruitment. We then attempted to contact several firms and for one revs-,ii or another telephone calls were not returned to us, that type of thing, but in the meantime, we had received one proposal from one firm that came prior to the date the Commission adopted the motion. We had a general proposal from Mrs. Torano, Maria Elena Torano and Mr. Hale submitted a letter to Mr. Gary. In the interest of expediting what we understood to be the highest priority of the City Commission, we felt we had three firms and they represented different ethnic groups in the community and we felt that we could at least meet with them to see whether they were capable of doing the work. So Assistant Chief Breslow and I along with members of his staff and mine, metin mid Octc;bc_-r separately with each of the three firms and we gave to them the criteria which had been agreed upon by the two departments and Mr. Gary. We asked each of thee, to submit a proposal to us by the end of October in order that we would have time enough to get a proposal to you for this Commission meeting. Each of the firms did submit a written proposal. I had copies of those proposals trade and distributed to the Police Chief and to Mr. Gary and... lb e Police Chief personally did not review these because I believe that hc- was out of town, but Assistant Chief Breslow and Assistant Chief Cosgrove reviewed them. I u;et and discussed the proposals with both of the Assistant Clhiefs. We had a meeting in Mr. Gary's Office with Mr. Gary, Assistant. Chief hreslow and myself. Iliere was a general concensus that the proposal which wort directly addressed itself to the criteria established by the City was the proposal by Mr. liale's firm. but wee also felt that Mr. Hale 's fire, did not hate it'a own bt.aff the capacity to address the Latin Corwiurjity. So N.,c had a meeting in Mr. Gary'b Office with Chief Breslow, myself and Mr. Bale and uroposed to him that hr attempt to gain a capacity to coimnunicate witl, the Latin colununity and bpecifi.cally we suggested to him that lie attempt to work out an arrangement with mhria Elena Torano who was one of the firms submitting a proposal to us. he did that, has submitted to me a letter from Mrs. Torano saying that she will be very 91 NOV 2 6190Q f happy to work with him. We felt that it was most likely to be a success if ,,7e used minority firms to communicate with the minority community, because the City Commission has established and I think properly so, a hiring goal of eight_, percent for minorities and women. We figured that traditional .1vertising firms would not be as equipped to address the Minority communities a the Black and Latin firms would be. For this reason and in an attempt to thu adver_isin}, starf-ecl �j.i soon as possible, we have submitted the proposal to you along with the contract. W`here Ir: , nis cont rac��t is the name Maria Elena 'iorano" ? Feriu: Waft a minute. Hey, look, we are going to spend another half ar, hear discussia.g it. I sense that this thing is as dead as it can be. So.. Mr. 2lu 7,,,ur: No, it's not dead. But I want to get some answers, that's why I asked L;-,e c,uestion. Vao were the ;rajor principals cf the corporation? Mayor Firre: Well, yes, we got a lot of other things to do if we are going to... Air. Krause She �s the subcontractor. Mr. �'�u:.17 i r: But it's not listed here. Mr. Fos:.oen: No, sir, it is not. It is an agreement between Mr. Hale and Ms. Torano ... Mr. Plummer: And at the City's suggestion. 'fir. Fosr,,oen: Yes, at the City's suggestion, Commissioner. It was our understanding from this Commission that you wanted us to move as quickly as possible. Mr. Plummier: That's right. .tayor Ferre: That's right. Mr. Carollo: But not n:_ndly, Mr. City ?tanager. Mr. Fosmoen: Let me finish. We are not moving blindly. We felt that we had qualified .firms without going through a long and involved advertising process, selection process. We felt it important that minority firms participate in recruiting of minorities. We made a judgement call that the firms that we "new of who had expressed an interest could provide us with those services. 'tiow, if you want us to go back and readvertise, we will. be happy to. ,..iyor Ferre: Listen, I just want to vote. You see, I'm ready to vote for these pu ople. That's it. Now, if somebody wants to vote against them, fine. Now, make your motions and let's get this thing over with. - Carollo: Can I ask one more question? Mayor Ferre: Yes, sir. Mr. Carollo: Thank you. Mr. Hale, how did you find out that the City was looking for this kind of service? Mr. Hale: It was Mr. T. Willard Fair who told me that the City was hiring _ people and if I would be interested in getting... on doing a bid on it. So, I sat down and thought about it. I do not jump and do things without thought process. That's the advertising business. - Mr. Carollo: 'Then Mr. T. W. Fair, informed you then, the first time you heard about it. Mr. Halt,: Well, he just merely mentioned it to me. He did not do anything else. Mr. Carollo: Have you ever previously known any of the gentlemen from the City Administration that spoke to you on this? Mr. Hale: No, I didn't know anybody previously. No. Mr. Carollo: We could go on. J. L.? •t Ll NOV 2 6 1980 6 t Mr. Plummer: Mr. Mayor, I move that the Item 11 be denied. Mayor Ferre: Alright, there is a motion for denial of Item 11. Mr. Lacasa: Second. Mayor Ferre: Seconded, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-849 A MOTION TO DENY THE EXECUTION OF AN AGREEMENT WITH GRAPHIC PRODUCTIONS DESIGNS, INC. FOR PROFESSIONAL ADVERTISING SERVICES FOR POLICE RECRUITMENT. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Plummer, Lacasa, Carollo NOES: Gibson, Ferre Mr. Plummer: Mr. Mayor, I make a motion at this time the Administration be instructed to immediately go out and advertise for firms within the next ten days, that the Administration move a lot faster than they have in the past and come back to this Commission with a firm recommendation of three firms on the 17th of December. Mr. Carollo: Second. Mayor Ferre: Moved and seconded. Mr. Plummer: Under the concept... Well, that's the motion. Now, let me discuss it. Mayor Ferre: No, no, it's seconded. Ok, now discuss it. Mr. Plummer: Under discussion it would be my hope and desire that this Commission not suggest to people how they run their business, number one. Number two, if you will go back to the minutes you will find that the suggestion of this Commission was that the Human Resources get a consultant to assist them in conducting this program. Not to run the program for them. There are companies, Mr. Mayor, who are not professional advertising, but professional people recruiters. One in particular that I am aware of is an outfit called CMB. They are for people recruiters, not necessarily advertising. But I would suggest that this matter so that there is no question be handled in house and that we use a consultant to assist our people in doing this. Mr. Krause, you and Mr. Fosmoen were not around when the Mayor, assigned me to the arduous task one time of two hundred thousand dollar contract in which I sat and listened to fifty-one of the major companies of the United States arguing for two hundred thousand dollars. Now, this was not companies that were in business one year. 1 would suggest that you do what this Commission asked and bring in the consultant to assist your department in conducting this promotional recruitment campaign. Mayor Ferre: Ok, now... Dick, look, don't reinvent the wheel repeatedly. You heard the will of the majority. Call the roll, let's get this together. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-850 A MOTION DIRECTING THE CITY MANAGER TO ADVERTISE FOR PROFESSIONAL ADVERTISING SERVICES IN CONVECTION WITH POLICE RECRUITMENT EFFORTS WITHIN THE NEXT TEN (10) DAYS AND TO SU13MI; A MINIMUM OF THREE FIRMS FOR CONSIDERATION BY THE CITY COMMISSION AT ITS MEETING SCHEDULED FOR DECEMBER 17th. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: g1 91 NOV 2 6 1980 AYES: Mr. Plummer, Mr. Carollo and Mayor Ferre. DOES: Rev. Gibson and Vice -Mayor Lacasa. ABSENT: None. G"N ROL' CA' 1: Mr. Lacasa: I vote "no" and the reason that I voted "no" is because I insist that to spend a hundred thousand dollars of the City monies in an advertising campaign to get peo?le to apply for jobs right when what we have is a tremendous rate of unemployment and we have a very, very long list of minorities applying for a jc:h. If we have a hundred thousand dollars to spare, may be what we could do is to create some more jobs within the City of Miami, rather than to spend it this way. FLv. Gibson. I vote "no" and I vote "no" and I say this to the Commission, I want you to ren-A2:aber this day. I want you to remember this day, underline that too. Please. J. L.? ilr. YluzL:;er: Yes, Father? Rev. Gibson: Lacasa, Carollo, Mr. Mayor, I want you to remember this day. gl. 2,',. L,,1ER(JE:NCY ORDL�ANCE: Open Air Sales and hospitals. (Flea Market at the: Shell City sit(--') Mayor Ferre: All right, take up item 3(b). Mr. Fosmoen: I have only one comment and I must say it for the record, Mr. Mayor. You will notice that these are both Emergency Ordinances. This is a unique situation regarding zoning. This Commission does not normally pass and I would hope that it does not set any precedent for passing Emergency Ordinances for zoning. Mr. Plummer: There is nothing; more permanent around City Hall than temporary situations. Mayor Ferre: Father Gibson. Rev. Gibson: Now, Mr. rwyor, let me ask some questions. Mr. Fosmoen, you better explain to me what this is. I'm not so sure. Mr. Fosmoen: One, it's a change in the zoning text to permit Frea Markets in the C-4A category, and the other is a rezoning of the property at Shell City to pen -,)it Flea Market. Now, we have signed contracts from -the 62nd Street Development Corporation providing for termination of that Flea Market ' 92 NOV 2 E �980 41 6 at such time as the site is needed for the construction of a Hospital and the Housing Project. Rev. Gibson: Wht is the difference between the zoning they want and the zoning that the Hospital will need. Mr. Whipple: Commissioner Gibson, the Hospital. not being listed in the C4A, in my opinion, was an oversight in the'drafting of the C4A, because Hospitals are permitted in some residential districts and all other commercial districts, so the point of the Hospital was an oversight in the drafting of the C4A, originally, in my opinion. We have no objections and do not feel that this will cause us any problems by listing that in this district. Rev. Gibson: My concern is, you see, Mr. Fosmoen, before I even take that up. Was that contract signed that I told you about? Mr: Fosmoen: Yes, sir. Rev. Gibson: Signed in the name of both corporations, by the heads. Mr. Fosmoen: Yes, sir. Rev. Gibson: Okay. Let me say. You know,... Mr. Fosmoen: Both corporations signed that contract. Rev. Gibson: Let me ask. The reason why the zoning, if there is a zoning there and they want to be there on a temporary basis why do we have to change the zoning just to accommodate them? Mr. Fosmoen: Becuase, there is no method providing for a Flea Market in that district on a temporary basis Mayor Ferre: It will end up being February before we can do it otherwise. This is the only legal way to do it. Rev. Gibson: Well, all right, I'm going to live long enough. All right, go ahead. Mayor Ferre: All right, we are on item 3(b), with that as a forewarning and a clear understanding as to where we are is there a motion on item 3(b). Mr. Plummer: Well, let me ask a side question.T}fit, side question I ask is there was a concern Mrs. Range expressed about having something in writing. Now, that in writing as I remember it or recall was to make certain that the Flea Market -whoever they may be, the 62nd Association- fully understood that it would be a temporary situation and at such time as development would come forth for this Hospital which, I think everybody agrees- is needed more by the community than the Flea Market even though it would be, you know.... that they would vacate the Flea Market. Has that letter been surrendered? Mr. Fosmoen: Yes, sir. Mr. Plummer: Well, Has it been to us? Mrs. Athalie Range: Commissioner Plummer, just for the record, it was the desire of Dr Simpson and his gorup that such a letter be forthcoming, that the Flea Market would be ready to remove itself upon his clearance for the permanent structure.. We have signed the letter, Dr. Simpson has signed the letter and if it is not in your possession I have no knowledge not knowing that. Rev. Gibson I just want to say to the Commission as I insisted -and I've never seen the instrument. Mr. Plummer: Neither have I. Rev. Gibson: Let me tell you something, I'm getting darn sick and tired of getting in the middle of all the scraps I'll wear where my folk live, okay? Let's understand, when I ask for the instrument I want to see it, because otherwise I come up here angry as hell, because I'm in the middle on it. Mr. Fosmoen: Commissioner, You are absolutely correct. I was under the impres- sion that you had received it. 1 have seen it and I understood that you had re- ceived a copy and if you have not, I apologize for that. And I will find one for you. 93 Nov 2 6 1980 M Mr. Plummer: No, you'll find five. Rev. Gibson: All right, before I vote, I want to see it, plus let me ask... Whipple. You know, around here we go the variance route and the zoning route sometimes. What's wrong with a variance" Mr. Whipple: This would const*iute a use variance which is not a legally proper instrument for this Cor,;;-ission to act upon. A change of zoning route is the only.... .,ev. (,il;son: A change of w-iat? Mr. 1,,Iiipple: Crange of zoning route. And in addition to that may I add two comments. One is we felt. the C4A was appropriate because this is a district ,-haz was especial]v designed and worked out for the Boulevard and we felt that this way :: reasonable distinction of that zoning to promote some df the same concepts in development that we did in that case. And the second point I'd like to give you is tt.at this is a conditional use as far as the: open air sales and the NO�pi.tal goes. In otter words, they can't just go in there and do it wlthoilt cOl:iin�D to the proper Board which do this case would be the Zoning Board v : fh proper r plan;, and things of that nature which, at that time a conditions rL!;l be :_ttar.zied or sug,„estions ri:ade or assurances given as part of the record a� to what is or is notboinb to be done. Mr. Plummer: Okay, look, Let's �.on't kii (,urselves, okay? We don't have in our zoning law anything sailed an ex.cuptional use. Okay? And that's why we are into this bind. It is my undersLandin-, w c. fully know what the. hell we are doing, we know why we are doing it, and let's get on with doing it with the full understanding that the r.:inute that the Flejl :Market ceases t,; exist that the Department will instigatee an action, will be brought back before this Commission and will return it to its t%rL�vicus zoning. Rev. Gibson: I would -Li!iderstand that. I Just can't understand why you wanted me to change the. zoning gust so.....I i]eed tc, have some sort of a redress, or con- trol. I understand what you are saying, Plummer, that's why I ask about the variance route. Mr. Plu=er: Okay. May I suggest, Mrs. Range, that you give us about 10 to 15 minutes and let them give us a copy of the letter and then we'll bring it back up. Xayor Ferre: All right, as soon as we get a copy of the letter will bring it back up for a vote. iJ THIS POINT, THE CITY CO''�tIISSION MOMENTARILY DEFERS THE HEREINABOVE ITE*. PENDING ABOVE -CITED STIPULATION. 29 RENEWED :)1 CUSS10" 6F i:FCKUIT"ft:;T OF VPLICFvN'TS FOR ROSITIOti OF on Advertising. Mr. Garollo: Mr. Kayor. Mayor Ferre: Ye8, sir, Commissioner. Mr. Caroilo: if I could just take a minute of the Commission's time since we didn't settle enything and we are putting some money out so that we could get some advertisement (on police recruitment), I just thought of an idea. I went in my office and I checked out the personnel that we have in our Public Relations and Public Information Department. It seems to me that we hve ade- quate staff there and it seems to me that we should have adequate experience there so that they could do this kind of work. I mean, after all they were just hired, aii Assistant and Assistant Director over there to involve them... they are making salaries and benefits that run a hundred thousand dollars a year. g4 NOV 2 6 1980 a Mayor Ferre: Yes, but practically speaking Joe, and I'm, you know, right on the level, with all due respects to Aida Levitan and her Assistants, I don't think that either one of them are qualified in the hiring process of getting minorities... Mr. Carollo: How about some of the people thy have working under them? Mayor Ferre: Ask them, I don't know. Mr.'Plummer: Joe, this is an exception, you know, this is a special thing and, you know, all I'm asking, really, as an outside moneys, is the consultant, and I think we spoke in the neighborhood of under $10,000. I even suggested by the way, that they go to Dever Silverstein who does millions of dollars for the County, and they might be able to get it for Free. That they might be happyto help the City. Now, I don't know if you did that or not. Well, I didn't mention Bever Silverstein, the firm of the TDC to help us in that par- ticular area. Mr. Carollo: Can we have this maybe? I'll buy the argument you are giving me but can we have the Administration possibly look and see what kind of talent we have in there so maybe we can save a couple of bucks. Mr. Plummer: I have no problem with that, but I still want the advertising to go on. Mr. Carollo: I agree with that, J.L., I'm for the advertising, I was just trying to look at an area of compromise in which we could save the citizens some moneys too. Mr. Fosmoen: Remember, that the real cost of the consultant was $21,000, the remainder fo the funds were going into media blitz, radio spots, TV spots, news- papers. Mr. Plummer: No, more than that because of the refund potential, of more than $21,000. Mayor Ferre: We agree, right? So let's move on. Mr. Plummer: Yes, next item. So we are going to defer 3(b) and 3(c) until they show us the letter. F0. AUTHORIZE AGREEMENT WITH MARINE STADIUM ENTERPRISES, INC. - LEASE AND OPERATION OF PARCEL B (Dinner Key Marina). Mayor Ferre: All right, we are on item 13. Mr. Richard Gerstein: Mr. Mayor, Richard E. Gerstein and Paul Rashkin, of Sams, Gerstein b Ward, the Concord Building, representing Gene Hancock in connection with item 13. We are requesting that you authorize the City Manager to enter into an agreement with Marine tion of Parcel B, and we respectfully request that you amend the Resolution to extend to Mr. Hancock a period of 20 years rather than 13 years because he is going to be required to expend substantial amounts of money for some improve- ments that he will expend rather than have it done at public cost in connec- tion with water and sewer lines. Rev. Gibson: 20 years rather than...? Mr. Gerstein: Thirteen (13). And we respectfully request that the Resolu- tion be amended to give him the 20-year period of time. Mr. Plummer: What are you proposing, Mr. Fosmoen, on A. Mr. Fosmoen: That we enter into negoations with Seascape. In response to Mr. Gerstein's.... Mr. Plummer: no, excuse me, the period of time on A. '95 NOV 2 6 1980 F r" Mr. Fosmoen: We haven[' negotiated the period of time on A. And in response to Mr. Gerstein's comments, of course, the existing contract that Mr. Hancock has is for a period of thirteen years so we can be assured that the next step is to request an extension on the existing contract to be coterminous with parcel B. ?Ir. Plummer: W A..1, he has every right to ask. Nr. Fosmoen: `es, sir, but if you grant the extension to a full twenty (20) :.ears on Parcel B you...I'm only suggesting what the next step may be. kev. Gibson. I don'L understand. nayor 1'erre: he's goL 13 years on the piece he has, Father, and if you give him 20 on the other piece... Rev. Gibson: I follow that..well, what I think I hear them saying is not what I think I understand you to say. Mr. Fosmoen: We are recommending that the lease be coterminous with the exist- ing lease, which should be i3 years. i:ev. Gibson: Well, is I heard them right they are saying that they —that the improv,zments they iaust make to invest that kind of a money, that they feel that they ought to Set a 20--year term, get twenty years to do and not 13. Plus, you know, I see this happening around here all the time. We go on and we say okay, you've got 7 years, you know, and we say okay. Are you telling me —well, ,.-ait a minute, let me ask this question, I'm not a lawyer. Do you mean to tell .ne that you are going to give me a piece of land -land to land- and one is 20 years and one is 13 years. What are you going to do with me. Mr. Fosmoen: That's not what I'm saying at all, Commissioner. icev. Gibson: That's What I'm asking. What you don't understand is that I understand what is implied. 2dr. Fosmoen: What I am suggesting is that the existing lease expires in 13 years. They are requesting; 20 years on Parcel B. My recommendation would be that you provide for a 13-year lease on Parcel B, or recognize fully that if you go with 20 years, the next step will be to extend the existing lease to 20 years. Just recognize that's coming to you. Rev. Gibson: Yes, I understand that, I have no problems with that, with extend- ing it, you know, when I saw what happened down here I .... this is peanuts. Mr. Fosmoen: I wuld also sugbest that on Parcel B, unless Mr. Hancock has plans beyond those that I know of -we are primarily talking about boat=rack storage and amortizing those costs over 13 years is quite reasonable. And cclectric improvements and sewer improvements, those are not major expenditures, we are not talking about building Rusty Pelican. Mr. Plummer: kruat sewer improvements —for boat -racks? Mr. Hancock: Could I say something? In my lease,as I lay in bed the other night I read it, and in there I am to bring all the electricity and all the water facilities into this piece of property, and I asked Bill about that and he said that's a new thing that we are having in our leases and I've got to furnish electricity. i checked with Florida Power & Light and just to bring the juice in costs $9,000 and we haven't even started with the electrical people yet. Mr. Plummer: Why do you have to provide sewer for boat -racks? Mr. Fusmovn: They've got to provide drainage, Commissioner, you've got to provide holding pits so that none of the wash from the boats ends up in the bay. Mr. Plummer: We don't do that ourselves, how can we demand of someone else? Mr. Fosmoen: Yes, we are now demanding it of all of the Marinas. Next door, at Dinner Key, sir, there are holding pits to protect the bay from any wash or oil spillage. Qs i NOV 2 61980 41 i Mr. Plummer: Have you ever been to the Unlimited Regatta? Mr. Fosmoen: If you are talking about boats in the water... Mr. Plummer: No, I'm talking about boats in the pit. Mr. Fosmoen: Are you saying that there is spillage off the boats? Yes, sir, I'm sure there is. This is a constant problem in any storage Marina, I should have Mr. Hancock respond, he operates the Marina.... Mr. Gerstein: The point of it is that there is a substantial expense involved and that's why we are requesting the extension. Mr. Carollo: Which of your leases has 20 years, the one that Mr. Hancock previously had? Where is he getting his 20 years? The one you originally had had 13 years. Mr. Hancock: That's correct. _ Mr. Carollo: They both are really tied in with each other. What is the pro— blem of extending then..the other one, another 7 years? They are both tied in with each other. Mr. Fosmoen: Commissioner, you've got to understand the consequences of the action that you are being asked to take. Make them both 20 years, if you wish. Rev. Gibson: Okay, beautiful, I understand, I just want to make sure that you know that I understand. All right, whenever you are ready I'm ready to offer the motion. Mayor Ferre: I think you have to make it in steps because, you know, you may have different votes on this items. I think there is a lady from Key Biscayne that wishes to be heard. Ms. Helen White: My name is Helen l.Thite, I'm here to represent the Key Biscayne Taxpayers' Association. We already have a problem with the existing lease that Mr. Hancock has signed, L}7e but that exists there has put up a sign for the past several months that we have been trying, in vain, to remove It's a loose, free—standing sign that is already in violation and we have a problem if you do sign these leases, is who is going to enforce the conditions of the lease. A very* major problem, I feel, is I would like to read something from the deed restriction, dated November 19, 1948 when the County turned the land over to the City. It reads as follows: "It is specifically provided that the property herein, conveyed, shall be used for municipal purposes solely." My question is, or rather, I would like to state that this is not a bonafide public type of operation. Also, a private entrepeneaur does not benefit the public. Thank you. Mayor Ferre: Mrs. White, I just wanted to answer you. We've been through that many, many, many times in the City. We've been through it with the Rusty Pelican, we've been through it with the Monty Trainer contract here on Bayshore Drive, we've been through it with Miamarina downtown and the restaurant with Restaurants Associates, we've been through it with...well, that's just four or five of the ones that I could just think of. I'm sure there's a dozen that I could rattle off if we spent more time on it. We've been in court on it. The matter was ... it went to Appellate Court as a matter _ of fact. And the Appellate Court decided, and I think the judges and it was a unanimous decision when they overrode the lower court, that we indeed did _ have the right to do that. In other words, to take property owned by the City and lease it for such things as restaurants, shops, boating facilities, et cetera. And that did serve a public purpose because it's something that is in need and we are not, we in the public sector are not really geared to do that. It's much better to let private contractors do such things as store boats and do that type of marina activity. And indeed, it's not unique to Miami, the coast of California is just absolutely full, but literally by the thousands of marina and boating facilities that are publicly owned by cities but privately operated over long term leases. So this is not unique. Mr. White. Mr. Mayor, I think what we're speaking about right now is a matter of degree and exactly what we are going tolease these facilities to. 9/o ist NOV 2 61980 Mrs. White (continued): Restaurants, I see where there is a benefit, but I feel that what we're doing is we're really going overboard and we're jeopardizing public Miami. Mayor Terre: Yes, sir. Mr. Caruiio: S'i:, did have a point there though that I think deserves some --on She mentioned something about signs, loose signs or something. Mayor Ferre: What? Mr. Gerstein: We expect, Commissioner, to address ourselves to the sign protleiri. My client advises me as soon as the road is put in, he is going to put -11, a percaanent sign and that will remedy, I think, the problem concerning the sign. I r. Carollo: Wk�11 not only that, maybe one of the problems that might be there is we have a lot of trees there I see, and if the City is hindering you in some wa:., and this is why there is some problems with the signs, then MaIybe wiizit we sh, uld do iLs, you know, either require or let, whichever the case migL�it: be, Mr. riaricock to build a bigger, more stronger, adequate sign that wouldn't be in any violation and would benefit the City.... Mr. Gerstein: That's exactly what we intend to do. ?ir. Carollo: .more. Mr. Gerstein: 'inat's exactly what he intends to do. Mr. Carollo: Is there any problem that you all might have had with the City in getting this sign up there? Mr. Gerstein: We had a problem with a permit. Mr. Hancock: There have been some problems with getting a permit for a sign there. M. Carollo: I.n other words, it hasn't been because you haven't wanted to improve on it? Mr. Hancock: No. We want to improve it. "Ir. Carollo: Well if that's the case, I certainly would hope that the administration irons it out. If not, I would certainly like for Mr. Hancock _ to bring that back to the City Commission so that we would do the administrations job for it. Mr. Fosmoen: We'll permit Mr. Hancock to do whatever is legal. NIDENTIFIED SPEA',I.R: May I say something? Mr. Carollo: Yes, ma'am, you certainly can. Mrs. Sonia Kopet: My narne is Sonia Kopet, I'm Beautification Director of the Key Biscayne Tax Payers Association. I have been calling the but for the past six months. I came down there, I spoke to the -man. I said we don't want to hurt you, we like to see many people employed but we've gotten letter after letter, and I've gotten phone calls Saturdays, Sundays and ever day of the week. Why don't these people cooperate with us? Why do they put out an ugly sign? At the beginning, they had it in the medi:�,n, then they removed it. Now I spoke to them. I spoke to the people in the hut, I also had the occassion to speak to Mr. Hancock here. I. wanted to resolve. Mr. Hancock says that he cannot get the permit for a sign there. Now, we are back started six months ago and I really would like to have this resolved and come to our community and Five them some sort of an answer. Mr. Plummer: Well ma'am... 9•1 ist Nov 2 r' ►980 Mr. Carollo: You have a very, very good point, ma'am. This is why I asked Mr. Hancock what the problem was. And it seems the problem lies within our own administration. And 1 agree with you, you should have a respectable sign there that is also safe. Mrs. Kopet: We're just asking for a sign just like our traffic signs. Just very understated so it doesn't startle from people who drive because when they see it in the median, we do have enough accidents. Mr. Carollo: Mr. Hancock... Mr. Gerstein: That's exactly what we want to do. Mr. Carollo: ...you are willing to put up a respectable and safe sign? Mr. Hancock: I promise this lady that I will and I'm trying to get my problems over and I hope today I will have my problems and then I will... I'm in the sign business. And I will see that I will build the sign. I want to build one like the County had, very rustic and I'll be asking probably for your help to get a permit. Mrs. Kopet: Well I can't help you with it. I'm just the Beautification... Mr. Carollo: Yes, ma'am. Mr. Temporary City Manager, I would certainly hope, sir that you could work out this problem with Mr. Hancock. Mr. Fosmoen: Mr. Commissioner, i would point out... Mr. Carollo: Maybe you know something I don't. If you do, I would certainly _ hope you would inform us of it. You know, if there's been any arrangements made to that fact already, I would certainly hope you inform us of it. This way we don't have to wait until January. Go ahead. Mr. Fosmoen: All I said, was, Mr. Commissioner, I would point out to you that the location of the sign "fr. Hancock is talking about is in Dade County. I do not control the permitting process in Dade County. Mr. Carollo: It's a Dade County problem? Mr. Fosmoen: It is in Dade County, sir. It is not within the corporate limits of the City of Miami. It happens to be our property but located in Dade County. Mr. Carollo: In other words, we have no jurisdiction whatsoever for signs in that area there? Mr. Fosmoen: I do not control the permitting process for signs in Dade County. Mr. Hancock: Let me say, i can get signs for two days here ............ Mr. Plummer: Let's just remember that the County comes here and expects a rubber stamp from this Commission when they ask us to do certain things with property that they own in the ....the County owns that exist in the City. Now if the County wants to start playing games, which I don't think they do. I'm sure they don't. Mr. Carollo: Well there you go, Fosmoen, you ought to get out and speak to the County and make sure that this nice ladys concerns are taken care of. It's back in your lap &gain. Mayor Ferre: It's all your fault. Okay. Now that we know where the fault of all these problets lies, we can move ahead. Is there anything else? What is the will of this Commission? Father Gibson: I move, sir... Mr. Plummer: The will of the Commission is that Mr. Thomas speak. ' 99 it NOV 2 61980 Mayor Ferre: Mr. Thomas, I didn't recog...I didn't see you, sir, I did recognize you I just didn't see you. Mr. John Thomas: Thank you Mr. Mayor, Commissioners, I am Bohn Thomas representing Marina Biscayne, Inc. the adjacent marina next to Marine Stadium Enterp,.iD>es. I'd lii�.0 ;Gu to at least recognize the position of my client. ;sir. llancock, Marine Stadiuu, Enterprises originally came into tlke Concession r,f,reement to al -ow trailer boat storage until 1933. Without competitive bidding,, this agreement chaniged to allow laCk t tor,igc, :')UHt repair anC sale of fuels, and the term of" this agreemeuL was extended to 1993. Today, they are asking for further extension and we're looking at it froi;t ;)arcel "B" but it is no longer the parcel "B" which was put out for co,.;petitivt_ bid is not in the same positon the bidding was. Thc, parcel "B" was subject to three competiLj'vc bids. At the point that it was put out for bidding', it was determined that because there was no access to the water from that parcel there was i.-. fact, only one of tile bidders that coulc: use that parcel, and in iact, only one bidder that could satisfy the requirements of using that parcel. Now I beiive that the parcel "L'" was been rearranged so that .instead cf g,ink length -wise along, the Cau�:eLcay, it extends back very near t.hi waLer,, edge, and in tact, this inr'tG1 "B" may re Close enough to the writer tU ali,)w one of the other two bit ders who �irL very interested in this property to put a bi,i c.n this parcel "S". Insteadci having the nun --competitive bidding previously... let's put this parcel out and get the best deal for the City. If we really are interested in having more boatinE facilities, let's get the best deal. There are at least two (2) other people actively and agressively interested in that parcel. Instead of going through this business of having:; a ron-competitive bid and then t,xtendinL, it Lu twenty years, thirteen years, and then extending the 'ompanion prepui:ty another seven years be.:ond the ten which has already been extended, let's do this out in the open, get the best deal for the City b.; putting it cut to open bid and let everybody that's interested in putting marine facilities out there have a shot at it. ..r. Willia-_ Harrison: ?'d like to respond to Mr. Thomas as far as the position of the parcel is concerned. The parcel originally that was awarded by bid... Mayor reire: identify yourself for the record. r1r. Farrison. William H. Harrison, Lease ;Manager, City of Miami. Constituted ninety-nine thousand (99,000) square feet which was one hundred and eighty (180) feet wide by five hundred and fifty (550). That's what went out on the bid spers. But if we go the five hundred and nifty (550) feet, that would put this parcl "B" beyond the entrance way of the Marine Stadium and therefore, wipe out the entrance way. Also, from a policy decision chat if boat storage is allowed rather than just trailer storage and you build up two or three tiers, your entrance way to the Marine Stadium would be totally blocked. And it was felt that it was in the best interest of the City from a policy decision to juxtapositicn the r:ar el. It is in fact, as I explained to Mr. Thomas last night at the WaterfronL Board, is still less than what Mr. Hancock is entitled to. The new parcel now would be two hundred and ten (210) feet by four hundred and fifty (450) feet which is ninety-four thousand five hundred (94,500) square feet which is four thousand five hundred (4,500) square feet than what he was originally awarded. But Mr. Hancock recognized the problem and he was willing to take less in area that what he was originally awarded. ` Mayor Ferre: Thank you, Yr. Harrison. Mr. Plummer: Are they setting...are they complying with the fifty (50) foot setback from the water? Mr. Harrison: That is not ... Mr. Plummer, the fifty foot set back would deal with a structure which would be a building, sir. They will be fifty feet from the water regardless because their four hundred and fifty feet will not put them out to the waters edge anyway. 100 ist NOV 2 G J980 Mr. Plummer: My concern is the big boat race in which the people sit along the shore line. And if you put racks there then people couldn't sit there. Mr. Harrison, before you sit down, sir, I want to ask a quick question. I was over there last weekend. I noticed that on Mr Thomas' clients property, Rabun, there is the immediate erection of a new fence over there. What is that for, sir? Mr. Harrison: I have not seen the new fence. Mr. Fosmoen: We'll take a look at it. Mr. Thomas: I can expound in that, Commissioner. Mr. Plummer: Yes, please do. Mr. Thomas: There have been continuing problems with security at the Marina Biscayne area. There is in fact, a security service on guard twenty-four. (24) hours a day but it is possible to guard that area from the side of the property that is facing Marine Stadium Enterprises and in fact, with the but activities people have been going into the but from the side Mr. John Thomas:.....hut from the side of the fence that Marina Biscayne controls. Marina Biscayne has 'tried security guards, and other means to try to prevent people from coming to thebut across the 'Marina Biscayne property, has been unsuccessful and this ha,s been a continuing and severe problem. The fence is desi-gnod to alleviate this problem of people passing back and forth betweer. these two properties. Mr. Plummer: Mr. Thomas; is that fence within your lease? Mr. Thomas: That fence is within the leased property. That's correct. Mr. Plummer: In other words, your lease runs all the way to the water? Mr. Thon.as: That's correct. And in fact, in the water. Mr. Plummer: Did we approve the fence? Mr. Harrison: I have never seen a plan for any such fence? Mr. Plummer: Don't we retain that hind of control? Mr. Harrison: Off of the top of my head, Commissioner, normally in our contracts, we provide for any type of building on the premises for them to submit a plan. Mr. Fosmoen: We'll take a look at it, Commissioner. Mr. Plummer: Well, please do. Because it looked like they were putting that up in an awful big hurry which lends me to believe that it wasn't because of rain but because of other reasons that they were working so fast. Okay. Mr. Carollo: Not oni,; that, while you are in the process of looking that up, if my memory rec,i.lects correctly, in the last three to six months, there's been quite a bit of activity there in the form of construction going on. Can you check to make sure that all the proper permits either from City or County have been issued, or applied for? Mr. Harrison: Those permits, Commissioner, would have been issued either through the Public Works Department for development of the Marina, or for the uplands, or the Building Department, and I don't normally have access to that. Mr. Plummer: We want to take a look at it. You get us copies of what's going on and let us see the copies. Mr. Carollo: Can that be brought to,us on the next Commission then? Mr. Fosmoen: We'll try to track it down, Commissioner. Mr. Carollo: Thank you, sir. Mayor -Terre: Can we move along now? I've got only one question. Mr. Harrison, I completely agree with your logic of going this way rather than the way ... why was it ever done that way in the first place? Mr. Harrison: I don't know, sir. Mayor Ferre: Weren't you involved in that? Mr. Harrison: No, sir. Mr. Fosmoen: I don't know if anybody can answer that question today, sir. It was done four or five months ago. Mayor Ferre: Oh, I see. All right. Is there any further discussion? Okay. Is there a motion? 102 iat NOV 2 61980 Father Gibson: Mr. Mayor, I want to move ... Mayor Ferre: Is item thirteen. Father Gibson: Yes. Mayor. Ferre: Is there a second to item thirteen? Mr. Plummer: Item thirteen. I second it. Mayor Ferre: Its been moved and seconded. Further discussion? Call the roll please. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 80-851 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF MIAMI WITH MARINE STADIUM ENTERPRISES, INC., FOR THE LEASE OPERATION OF BID PARCEL "B", CITY OF MIAMI COMMODORE RALPH MUNROE MARINE STADIUM, FOR A PERIOD OF THIRTEEN YEARS, UNDER THE TERMS AND CONDITIONS AS CONTAINED HEREIN (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 Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None ON ROLL CALL: Mr. Carollo: Excuse me. Excuse me. Didn't we agree that it was going to be for twenty (20) years together with the other one. Mr. Plummer: No. Father Gibson: Well I want to get... look, I want to get the first thing done. Then you all fight over it. Mayor Ferre: The motion as was made was that we approve item 13, as is. And it was seconded and we're voting on it. Right? 103 i Mr. Gerstein: Mr. Mayor., is the Commission going to address itself to our request to extend the time to,.. Mayor Ferro: Yes, it iL, r.` :;ht now. O"n tho r: atter of twenty (20) years, the Chair is open for any discussion u';;iotions. Mr. Ylimuaer. 1 worij:; n-?k :t --,otion .at this time that ... what's the name of the Cotlipany, h'arine Stadiuia Enterprises r,.ake a submittal to the Manager and Let's lat, tiic cards right on top of the table for wi;atever they wish, ii in fact, it's an extension of twenty years on Section "B" and the original concession, lay it up all on top o: the table and it will be taken into consideration and evaluated by the administration and brought back. xavor Ferre: Is that a motion? Mr. Plummer: Yes, sir. Mayor Ferre: Is there a second? `4r. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 50-852 A MOTION REQICESTING ;MARINE STADIUM ENTERPRISES, INC. TO %UKE A SUBMISSION TO TEIE C±T.' X,%.NAGER STATING THEIR RhQIL,i_T Fisk LEASE AND OPERATION Or PARCL', h AT "iiic :111,V'11 STADIUM TO TkrENTY (20) YEARS,; P_%D Fi't\THER D11 CTI';G THE ADMINISTIKATION TO E%'A1JrA1E THEIR REQUEST AND TO BRING ?,AC.,, TricIR RECO;�iENDATIONS FOR CO:LUSSION CONSIDERATION Upon being seconds d r•., Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. P1utmier, Jr. Commissioner .Toe Carollo Commissioner Arn.ando Lacasa Vice -Mayor (REv.) Theodore R. Gibson NOES: Mayor Maurice A. Ferre ABSENT: None FOLLOWING ROLL CALL: Mr. Gerstein: Mr. Mayor, just before you do that, the last time that this matter was entertained by this Commission, there was some forty-two (42) day delay without the signing of the contract by the City Manager and we would respectfully... Mr. Plummer: Rest assured that isn't going to happen. Father Gibson: Mr. Gerstein, I'm glad you brought that up. Mr. Plummer: No, no. I'm going to defer fourteen (14). The policy of this Commission is that "A" will not be considered until "B" is signed. 104 NOV 2 6 i980 ist Father Gibson: Let me ask. I thought you all represented to us that you all had reached an agreement? Mr. Gerstein: We have. Mayor Ferre: That's not fair. Father Gibson: Where is the signing. No, Mr. Mayor, let me say this. This is for the record. Mr. Fosmoen knows that how I felt. I felt that way about Mrs. Range and those contracts and I feel about this. I don't plan to go out of this room tonight...you know what Mr. Grassie did to us? Do you remember that.? What he did to me. Do you know what I learned? 4 Beware of the Athenians bearing wreaths. And you see this hand? Do you see this hand? My mother, if she was alive, while I was an infant, you know they used to have the fire hearth around and I put my hand in the fire. I was an infant, didn't even know it. In those days they didn't have all this new business to take care of fire burns. On the island they put sweet potato gravy and put it on there. And you know what? I will always be thankful to God that that scare never moved. Everytime I raise my hand up you know what it says? Gibson, be careful. Fire will burn. I want that contract signed now, in the meeting before another item goes on. Mayor Ferre: Are we ready to do that? Mr. Gerstein: We're prepared. Mayor Ferre: Mr. Knox, would you assign somebody or yourself look into this so that you can review this and, Father, rather than everybody wait for fifteen and twenty minutes we'll bring it back when Mr. Knox is ready. Father Gibson: All right. Just so you all don't leave. 31 .E' 1LRGI.i%C'I 0, 0L:Ai�Ci:: A!.Z-Z; ORrjIi VCE 6671, ARTICLE RV-1, SECTION 2 (57) (k) (1) TO PLF.2IIT OP-7i: SALES AI-D i:OSPITA.LS 01; COi7DITIOJAL USE APP:20VAL Ik1 C-4A (BOULLVAZD CO:i,•1L'FiCIAL) Mayor Ferre: All right. In the meantime, we have Mrs. Range. This is attachment one which is signed. So now we're ... what is the will on this Commission on item 3(b)? Mr. Lacasa: I'd like to move for approval of item 3(b), Mr. Mayor. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Seconded. Further discussion? All right, call the roll. (CONTINUED ON NEXT PAGE) °t 105 N 0 V 2 6 1980 AIN ORDINANCE ENTITLED - AN EIrERGENCY ORDINANCE {MENDING ORDINANCE NO. 6871, _ AS AMENDED, T tiF. COMPREHENSIVE ZONING ORDINLNCE FOR THE CITY Of MIAMI, BY ADL'IN,= A NL'•. 1'AF.A,,,RAPrI (K) A, (L) TO SI:E-SECT1,5N (57), �IEC'iION Ate'iIC:.E C-4A BOULEVARD COi'L`iERC1AL DISTRICT, TO PER.`'.IT OPEN AIR SALES A_ND HOSPITALS )PON CONDITIONAL USE APPROVAL. BY NL KING 'T:?E NIECLSSARY CHANGES IN Ti** ZONING DIST ;ICT MAP 1.1ADF, A PART 01' SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION Iti Ai-, ICLE 111, SECTION 2, THEREOF BY REPiEALING ALi, ORDi\ANCES, CODE SECTIONS OR PARTS TIIEREOF IN CONFLICT AND CONTAINING A SEVF.RABILITY CLAUSE Wss introdu,ed b.. lUiIDi]. Alt iier Lacasa and seconded by Commissioner Carollo for adoption as an emergent., measure and dispensing with the requirement of readii;z; same on two separate days, which was agreed to by the following vote: AYES: Cori nissioner J . I.. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: tone ABSENT: None kIiereupon the Commission on notion of Commissioner Lacasa and seconded by Commissioner Carollo, adopted said ordinance by the following vote: AYES: Commissioner J. I.. Plummer, Jr. Commissio-ner Joe Carollo Commissioner Armando Lacasa Vice--MLycr (r:ay.) Theodore R. Gibson Mayor Maurice A. Ferre WES. None ABSENT: None SAID ORDINANCE WAS DESIGNATED E:lERGENCY ORDINANCE NO. 9204 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. L..V,F' 31 . CIiA:�G:E ZOt-..'.:G CLASS IFICATIOi� tiLOCi; FI0E,.v0L.D BY: 6 COUI T A.,tiD 7TiI AVEI.i;E c::0?i C-4 Ai'!D C-1. TO C 4A (80;,'LE VAR_D �.A..b..... .,..uw„�,...n:.,rr.. _.��:., :...a•,..cx.;.; .s:..is_.s.,r-x.a.nr ... :t.E>r :... ,. ... ��,.. _*.:.dr;'nJ re^:.,�„f?t't-R-?Y']tiacfi'31_�-e �wl�rr Mayor ierrv: All right now, all rigi,t, Mrs. Range. Mr. Knox: _;�c) is a part ui this whole thing. Mayor Ferro: All right, who moves 3(c)? Mr. Plummer: Move it. Mayor Ferre: Plummet- moves... 106 fit NOV 2 6 1980 6 4 Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Read the ordinance. (AT THIS POINT, THE CITY ATTOR.NEY,READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 6871 THE COMPREHENSIVE ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1 THRU 26 INCLUSIVE; BLOCK 5; BUENA VISTA GARDENS EXT. (4-19), BEING THE BLOCK BOUNDED BY N.W. 58TH AN-D 60TH STREET AND N.W. 6TH COURT AND 7TH AVENUE, AS FOLLOWS! FROM C-4 (GENERAL COMMERCIAL) FOR LOTS 4 THRU 10' 1"'CLUSIVE, AND C-1 (LOCAL COMMERCIAL) FOR LOTS 1 THRU 3 AND 11 THRU 26 INCLUSIVE, TO C-4A (BOULEVARD C'0 211:RCTAL) DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE CITY COMMISSION Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa 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 J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9205 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. , 10'7 lot NOV 2 61980 3i. EAr_CUTE ACREEilh. T . 1r•�.:�C>Li':1�..•i l'1� Ol,.iN;,R KL`I : Mayor Ferre: Ali rig:lt, we're no4: cn Jti nm si::teen (16) w'nic`l is the :)inner Key :''fai' i al _ Complex. Mr. Fo-,mo, rn: Mr. ;-ia`,'or, . this was...and members of the Cor-,mission, this was d ,cusse:l t.iilc; mornin1 ,. We have two apr r:_15a15 "rat Sr1Ow a Positive, cr a '.lir return to the City. And it is our recoi —:,endLticn that the approve Lhe lease, rapprove the -'ar, a,:;e lent agrtL•ment and I would proceed to execute it oil behalf of the Conar..15sion. `C. LIn'__ jl`ilc�iilT%: in::l:r t'•'Tre, `.itil':eTt ( U11C CCL-,M1DSi0n, those Of you kilo don't know r..&, -my rant is Ernie. �enitere, I'm President of the .Miami Marinas Association. Well Xr. F'erre, ht'rc we ai:t' again. This is one year 1siter exactly . til(' sn%-t dav, we're talking about the same thing, d7pr,J13als or 1)1Tlncr Kev. It yo,: rei.le-,-,)er the people of Miami called for aii to the Ch,"irtQ to pr,,,)Ci'ct the public from the bayfront ;1pOIt, ni COnCET'.li'd C1tlZeii, O: Miami cal'tod to produce two deylei;d(',nt. .lPpr aiS e i..>. i i'e :ll it res;l(`i- se at that tl::e from Mr. Fosmoen was t:l:it lie recl,ive : a Call irom tilt Liou;;h Cemplany and til, by Said it was OiCay. 3"It. :4nal-v the City l'J.^.:lJt>Sii�ncTS, yourself, decided .it wasn't. _So voil !niid, okLv, let'.. not rush 1ntO this agreement. You Gi CSdLC t i?;i al.S w."ii3'i but you uidn't t:noLk what an appraisal was. WL' looked iir CJ''.i.id. Wt2 deCldeG wi✓ hCi t't. tWO. Different types c: 1rl.i{Silt , l t� , It XU rual est-.zu type apiiralsais. .,bun ::Ou Mlt :held ai1G Scud, h7::;', in 11061 w15CU ., le-Cs t.Meet t , app:aisals, `nl i.iC`I. ::ich loll, /::`i. :i,. w'er;_ .'�U� and ,�clect`C, your own accounting i]-i"�':, iE'�it-•:'i:i :1Jl �: �: 3:hi '.'iitCil �'l i. n n itiOnrecof,nizucl ("PA and business iLCOUntii}j I ri'.i, Qnd an X, ri"iil5ii. ITS .GCr Called 1� l .,State Research Corper_i ic,;l. i'lnr.._ .?ter w:,i'in .,:'c.a: r,,ont'r.,3, file appraisals CI17L Uu n. in( •' JiCIl't C'O'LL' baC1': t(', w:;.,' you wanted tr.e[.l. ::r. FOSmoen was a little upset with tie face that Peat -Marwick and Mitchell did not come back with sn appraisal. ;,r. Carollo. E':.cuse me. If I mat' make a correction. The way "they wanted it". ?Si. Senatore: Yes, sir. The way the City wantec it. Thank you. Mr. Fos::icen, who along with I guess ',Ir. balker from biscavne Recreation and Pelt Marwick alit MitchL:1 sat dowel and decided to talk about it. They couldn't Lome to an -oree::ient. You, Xr, N*ayor, decided that we should r,:tionaiize this away by sayiilt, tp-:::t the samc problems existed and that ;y'011 WJ111G I:ake the. deci:-ion, an,l ` ou would }proceed. That was your titought at that t4mt.. The ;ila[?ii Marinas Association sou',hr legal recourse. We wei;t t() the jud��c', �udte 1'ctherinerr>n ;end we asked iLim how could the City proceuL when it eoot;n't have, t',.o independent appra.sals that have a fair return to the Cif_ he ..,i]c; you cannot. Rather tnan going back YOU have, as Mr. ' osmnr:; 5ut,,,ufitcC earlier, and renegotiating with biscayncc .:C4ri .li l ]n a;i, : ryini, '..c work cuL a better-reement -to the City, what you : id inster:d 2.s you circucwt'nted it. Ycu decided it's best to go out and ;ct r.ni.tr,er appraisal. At t;l«t point in time we car:.e to see you and w,: a,,kvd why ar4 you not asking; for anotner CPA appraisal. Why lire. VOL. t� 1.:iwi111..r', to look at - CPA type c_ppr�aisal? tJ16 wny are you Erring !or an env response at heat L41, from Mr. Fosmocr, was trL.zt there's a difference In price and we chose a cheaper price. W, :1_ that .;Jdn't cover .r.e .'Gr. ::at C: =er:;ti ie Co:z::isslon had about what i, all ri l'1i'. . -; i, U TG:C: r. l �' tai 1 u " _r 1 — � , � �,��., tc r,at t:,t only good c1TPra16al wou1C GC a :ea_ estate a`'1ra1 �., lei Lh t ti. ^ot ccrrecr. k'el1, rhet wahn'r what vt'll saIc c n . _ iur. 1c' C like to now why the City ib u0will.in8 to \:itt: ?eat Marwick and :'iitchCll anu Biscayne Recreation concerning Dinner Key? I'd like to know why they would be willing to nrgutiate for Miami Marinas a contract to make it better for Nov 2 61980 ist Mr. Senatore (continued): the City and not Dinner Keys. Why did we have to go around? Why did we have to circumvent it? Mayor Ferre: Okay. Are you concluded? Mr. Senatore: Not quite. Mayor Ferre: Oh, I'm sorry. Go ahead. Mr. Senatore: The Marinas Association feels that the appraisal that you have in front of you today does not satisfy the purposes of the appraisal requirements in the City Charter. The appraisals conclusions are - presented in a page and a half of general terms, with no financial analysis provided. This is a sharp contrast to the appraisal of Peat Marwick and Mitchell and the other MAI appraisal of Real Estate Research Corporation. The Peat Marwick and Mitchell_ raised serious questions as to whether the City received a fair return, particularly if a private manager would have exhorbitant profits. They also brought up the information about Shell Corporations being run by the managing company to run the concessions, therefore, robbing the Cit} of revenue dollars. Certainly the potential of exhorbitant profits provided by this appraisers term incentive to the company, and I want to explain that. They're talking about where they go into revenue sharing process. Okay? That this was what the appraisals were all about. To go out and point out the inadequacies in the contract and try to give the City ... and this is why you hire consultants. And I consider an appraisal a consultant to make a better contract for the City. We feel, Mr. Mayor, that you've not obtained and properly executed the spirit of the law. That you have instead tried to circumvent the law. You maintain the City is following the letter of the law. You're not hearing what the people are saying. In November the people are tired of government physical mismanagement and that's why we voted the republicans in. We just want to note that the Miami Marinas Association will continue to fight this and I want to thank you for the times you've Riven us in the past and now. Mayor Ferre: Mr. Senatore, let me just give you a very simple and rather _ quick answer. I've been watching you and your many predecessors because you are the fourth one. This started with Tom Dixon and it went on to ... well, let's not name them all. And you've been pretty successful stalling. You've done a good job. You and your predecessors have done a good job at stalling. I'm not stalling any more. I'm ready to vote. Is there anything else that anybody wants to bring up at this point? Mr. Plummer: Mr. Sorg wants to speak. Mayor Ferre: Mr. Sorg. Mr. Stuart Sorg: Stuart Sorg, Chairman of the City of Miami Waterfront Board. Mayor Ferre, members of the City Commission, I'd just like to say briefly that a year or so ago you sent me to California to do a thorough study and research on the operation of the marinas from Los Angeles out _ to San Diego. I covered about ten (10) marinas and found that the operational procedure met all the standards upon which the City has based its decision on today. I'd like to sry that the two appraisals that came in were thoroughly reviewed by the City haterfront board and we endorse the proposal completely. There was one thing that bot-liered us a great deal, it was that the firm of Peat Marwick did try to get in touch with Quinlivin Company, did try to present their proposal to Quinlivin which I thoughtraised some interesting questions of whether that was professionally done, proper... Mayor Ferre: Is that a fact? Mr. Sorg: Yes, sir. Mayor Ferre: Is that a fact? I'll tell you. I think that's something that ought to be clarified. Mr. Plummer: Repeat your statement, please. 109 int NOV 2 G 19gp iIr. Sorg: Peat Marwick Corporation did contact Quinlivin Corporation offering to send their proposal to Quinlvin. I felt this was sort of unneccessary and could possibly be unprofessional. Mayer Ferre: Well 7 think it's hig;)ly unethical myself. I mean, you know, these guys are supposed tc bk- dealing in the inner -sanctum of objectivity. They're not supposed to be influenced by another appraisal or anything like that. Mr. C.arollu: keal, Mr. Mayor, you're perfectly right at that, and I agree wito you on that. However, I'll go along with that if we were to look into the statement that was made at the previous time this came up that our administration tried to influence Peat Marwick and Mitchell also. Mayor F rre: Well I think that Peat Marwick and Mitchell is a professional firm, shoud not be consulting with another professional firm trying to influence them as to what they should or shoulnd't agree to. In my knowledge, professional firms don't do that. I think that ought to be clarified before this Commission, if it is in fact the case. You ought to ask them. And if they agree to it, I think they ought to come here and explain. Mr. Plummer: Well isn't someone here from Quinlavin and Quinlavin. Mr. Fosmoen: Quinlavin. Mr. Plummer: Is some one here from that firm? Mr. Fosmoen: Mr. Quinlavin is not here, sir. He had a previous commitment. He could not break it. There is a representative from Peat Marwick here and also our lease manager is here, is thoroughly familiar with the procedure that Mr. Quinlavin used. ;fayor Ferre: Are you with Peat .'Marwick? UNIDENTIrIED SPEAKER: Yes, sir. Mayor Ferre: Did you contact Mister...did anybody in your firm contact Quinlavin trying to influence in their decision. UNIDENTIFIED SPEAKER: No. 4r. Plummer: D'd you offer them a copy of your appraisal? UNIDENTIFIED SPEAKER: All we did, we...as you know, we're a CPA firm and Mr. Quinlavin is an `,AI appraiser. And we contacted him to find out what the ethical situation would be according to the MAI ethics regarding the resolution of two different appraisals. Within the ethics of the CPA firms, it would have been permissable for a CPA firm to study all of the previous work to have been done on a subject. Mr. Quinlavin told us that he wasn't... basically wasn't sure what the ethical position would be on that but that he probably would not read either of the studies that had already been done on the subject. That was the extent of the contact, Mayor Ferre: I frankly, with all due respects, would be highly surprised, one, if Quinlavin would let himself be influenced by any other appraisal. And two, if a firm like Peat Marwick and Mitchell that has a hell of a lot more to lose than it could gain with the small fee that's involved... Mr Plummer: Well I still feel, Mr. Mayor... Mr. Sorg: Excuse me just a minute. This was not a fact of Mr. Quinlavin being influenced at all because I asked him in front of the Waterfront Huard if he was contacted and he said he was. And he would not reveal any information.... Mr. Plummer: but wait a minute now. I think that that information should be laid up on top. He might not answer 1t for you, but he's sure going to answer it for me. Now, you know, let's lay some cards up on top of the table here. Ito Nov 2 61980 w tat 6 2 Mayor Ferre: I may just be over trusting, but I frankly, would be amazed if either one of these firms would indulge in that kind of a... Mr. Plummer: Mr. Mayor, you know, I like Peat Marwick and Mitchell. And at the behest of maybe being chastized for saying this, you know, I was amazed when the man from Peat Marwick Mitchell stood up here and told me that the administration brought them back in after the appraisal had been surrendered. And when I asked why and the answer was that the administration was unt;appy with that report and wanted to get some things understood... Mr. Carollo: That's the point I was trying to bring out, Plummer. Mr. Plummer: ...let me tell you something. I don't like the smell. Now I've said this all the way along, I don't like the idea of playing what you might call appraisal roulette. I say to you that the games have con —the format has changed continuously. I still contend that we only have one appraisal. on the present set of rules, that the others have changed since then. Mr. Carollo: That's right. Mr. Plummer: You guys do what you want. As far as I'm concerned, it's time to start back at the drawing board. Mayor Ferre: J. L., with all due respects, you've been opposed to this from the very very beginning. And... Mr. Plummer: Mr. Mayor, you are wrong. Mayor Ferre: ...and you're entitled. Mr. Plummer: Mr. Mayor, I will remind you, sir, that it was I who came to you and proposed to put them out on a management contract. Mayor Ferre: NO, no. I'm not talking about the management contract. I'm talking about this particular firm and contract and all that and all these things. Now look, hey I'm sure you've got good reasons. I don't know, there's three of us that have voted on this. I don't mean to get into a hassle because I don't want to get into this kind of a discussion with you. But you put me in a situation now that I have no choice. Because basically your comments are on the verge of questioning my integrity and the integrity of the two other that have in the past, and I think today we'll vote for this thing. And you know, the fact is that this is a matter that we've been playing around with now for four to five years. tt's time to move along. I think that Mr. Sorg and a very distinguished panel of citizens that serve on the Waterfront Committee deliberated on this, we created this. We've been up and down this thing for four (4) years. We've changed ... you know, we've created this new agency called the Waterfront Board. We've done the whole thing. Now, we've changed the lease agreements, we've changed the Charter, we've done everything and I think it's time for _ us to get on and build this marina here. I'm ready to vote. Now if somebody wants to make a motion, I'm willing to accept it, and I'm willing to get. on with this thing. Let's go. Mr. Pluuuner: Mr. Mayor, since you addressed me, I want to address what you have: said. Mr. Mayor, I have never ever questioned the honesty, integrity of you or any of my fellow Commissioners because I have never had the reason to do euch. So let's put that to rest. Mayor Terre: WF11 read your words as you...I don't think you meant to question my integrity and that of the others who voted for this. But think if you go back over the record, if you willhave the Clerk send it to you, and read over what you said, you'll find that you're right on the very this, line.. Mr. Plumber: Mr. Mayor, let me thee, continue. 1 will tell you since three people have initially voted to award this contract, I would like to believe that my objections, screaming and hollering at this Commission has brought two new added things to that contract which makes this contract much better. Okay? is t 1�1 NOV 2 6 1980 - rr Mayor Ferre: I agree with that. Mr. Plummer: One, after the initial approval, there was a cap put on the management of one hundred thouand dollars ($100,000) that did not exist prior. Number two, the original proposal that was apFroved by three(3) members of this Comcnissicn brought one cent of gasoline to this Commission and it is now three. M-.. Mayor, I want to tell you it isn't too far off: where ;'r„ ,;o ng to vote for this contract. if I s-et about two more c'Inct-:-aiuns and I'll think that it's fair. But obviously, I'm not going to get that possibiA ty. Mayor Ferrt: Wel.i you see, again b`; ; utting that OUt i?.rc !lot saying what they are, nod you're again reimplying that the City can make a. better deal and you're willing to „ike a bot_ter de.,] but three i;}erbers of this .Ccr-mission are precl.udirif you from making a better deal. So nod,•, I've ,ot no .:hoict, again but to say so that the record is c1Ear, that there is not-hing going on that is dishonest. Please now, on the record, tell us what the additional two things that you want are. Mr. Plummer: Mr. „ayor, I only really want one tiling. And I have said that from the... It, yor rul e: One thing. N1r. i'1u.,.n<<r: it's not .Specific. I want a better rate of return to the City. i ietei we are entitled to it. Lir. Mayor, I'm not going to go all through the rhetoric because you, better than anyone, know the rheturiL t-1hat I i;ave used in this Cccjaission. I think it is foolhardy to speak inLO this CuiltraCt .bout expansion at five millio:, dollars $5,000,000) without a s.t. of plz.ns. I tilink it's ioolilardy to even discuss thZIL MLLL-'I'. Ok iy I ]u:it coii' L understand how this can happen, I thitik this Ci] ,'; r=ntltluG to more !Worley In a retL'r;:. You know, we're going to talk about..butter put lip on of the table ... no, I'm going to do it right now so there is no question later. We're going to be talking about a rats: increase for these docks this afternoon. Okay? And 1 don't want ail. ndy tc say that t'tle wool was pulled over their eyes. Now I want a better return rate to this Citv. Mayor Ferre: We decide whar. the rates are going to be. Mr. P1utimer: I understand that, Mr. Mayor. But I don't anybody to say we approve this contract today and then two hours later started talking about a rate increase. I'm putting it on the table now. Mayor Ferre: We're going; to talk about rate increases today. Mr. Plummer: That's right. Okay. I want that to be understood. Mr. Mayor, all I'm saying is I think the City is entitled to greater return to what is being offered. Mayor Ferre: The Commission makes that decision, Plummer. Mr. Plummer: I understand that, sir. Mayor Ferre: 1* you have any specific recommendations, I would be very grateful if you would put their, on the record. Mr. Plummer: The only one that I find great disagreement with at this point is two. One, no planti for a proposed five million dollar objection. Two, that the appraisals which were called for in the Charter, in my estimation, do not comply with the Charter request. That's all I'm saying and those are the two -points. 112 61980 NOV2 4 0 Mayor Ferre: If we had not had all of these substantive delays, which evidently this poor City happens to be plagued with for ten thousand different reasons. It takes forver to have anything born around here. We would have had plans three years ago. We hao the engineers, we had everything ready to go but all this foolishness that's been going on, all its done is delayed it for three years. We're going to build these improvements. It's going to be done. Mr. Plummer: I hope you're right. Mayor Ferre: Now it's just going to cost us a hell of a lot more for all the three years we've lost. Yes, sir. Mr. Sorg: Let me encourage the City Commission to approve this contract tonight on behalf of the Waterfront Board. Mayor Ferre: Is there further discussion? What's the will of this Commission? Father Gibson: Move. Mayor Ferre: Its been moved. Is there a second? Mr. Lacasa: Second. Mayor Ferre: There is a second. Further dicussion on item 16? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-853 A RESOLUTION AUTIiORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN BISCAYNE RECREATION DEVELOPMENT COMPAINY AND THE CITY OF MIAMI FOR THE MANAGEMENT OF THE DINNER KEY MARINA COMPLEX SUBJECT TO THE TERMS AND CONDITIONS CONTAINED THEREIN (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: *Commissioner Joe Carollo **Commissioner J. L. Plummer ABSENT: None ON ROLL CALL: *Mr. Carollo: As I've stated on previous occasions, I feel that this contract is a rip-off to the tax payers of our City. It is not my intention to question the integrity of anyone. At least tonight. I also might like to add if there's a question in anyone's mind if the shoe fits they can wear it, as the old English statement goes. I just strongly feel that the tax payers of Miami that are more heavily taxed than any major city County today in City taxes deserve a better break than they are getting. My vote is no. **Mr. Plummer: I was going to give a very simple no, but now that the other no vote has made comments, I want to make sure that mine are not incorporated. I have never, nor do I indicate it's a rip-off. I do feel the City could and is entitled to more of a return than it is getting. I want it very clearly understood, this all came about because of my proposal 113 Nov 2 61984 gist Mr. Plummer (continued): some three or four years ago, to put not only the docks out but the golf courses which are finally going to be discussed this afternoon. I am all for expansion of facilities. I horse twat we will continue after. Dinner Key and MI-amarina r.re finished, to expand and make this what it should be, the boating, capital of the world. But I would hope we woulc! do it, phi...:; I have the fcelinS, that it is a fair return to tl;e City. Cuf rtunately, this cap is r.ot and I have to vote no. 'i_,yor fume: For _.sons stat...d into the record over the past six years, YES. .,E( i- iI, 10... t;I i `i:.`. LSCAPL OF MIiVll, IINCi. FOR LEASE Via! , „ -�• 0, i :,i;CEL A - ,:1P -,i . Ari\ STAi)IL , Mayor Ferre: Has icurteen been concluded, Mr. Fosmoen, Mr. Knox? Mr. Fosmoen: Its been signed by all parties. Mayor ferre: Its bv�en sL�n.,ed. rather Gibson. We're now on item fourteen, Sea Escape of Miami. All right, sir. We nave a time constraint now. We reed to get Mr. Pei by five: -minutes to seven. So I would be grateiul if we would now take up fourteen. Mr. Manager, I'm trying to get n.0'11ing. Weida you pit-ase ;Ielp me take up item fourteen, Sea Escape of ,Miami. Mr. Fo-, oen: Our reco-=L-ndation to the Commission now that the contract has -ec.:: execut<<d with Mr. Hancock is that we be permitted to enter into negotiations for the lease of parcel "A" with Sea Escape. „ayor Ferre: All right, Mr. Iiancock, or Mr... Mr. Plummer: 1 didn't hear that. Mr. Fosmoen: Negotiate. X' yor Ferre: Mr. Gerstein, as I understand it, your client Mr. Hancock has come to an agreement with Sea Escape. Is that eorrrect? Mr. Gerstein: That's correct. Mayor Terre: All right, is there a motion? Mr. Plummer: Hold it. IATat about "B". Mayor Ferre: We've already signed it, Mr. Plummer. Mr. Fosmoen: I have just signed parcel "B". That is signed... Mr. Plummer: Sealed and delivered. Is it recorded. Mr. Fosmoen: Yes, for posterity. Mr. Plummer: Okay. Now, we're now on item. fourteen. We're on section "A". Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Fosmoen... Mayor Ferre: Is there a motion? Mr. Plummer: Oh wait a minute. Aren't we going to have a little discussion? i let 114 Nov 2 6 �sso V a Mr. Carollo: It's a wonder how quickly we do things when we get a little motivation, huh? Mr. Plummer: Mr. Fosmoen, on fourteen, I expressed to you before,sir and I have requested of you hopefully prior to this meeting, and since it hasn't been received by my office prior, I'll ask you at the meeting. My concern still is in the area of the helicopters. Helicopters in which the applicant, this particular applicant has offered to be of great assistance as part of the negotiation to our Police Department. I asked you prior to this, Mr. Fosmoen, was there other_ space available in that immediate area so we wouldn't have to bother with section "A". Not receiving anything from your office I will have to assume there was nothing else available. Now I am forced to bring the helicopters back into section "A". Sure. especially Mr. Fosmoen, after I see that the kind ladies from Key Biscayne brought to our attention prior, that the County was considering a heliport on Crandon Park which lost. It is now more important than it was before. Now what I'm saving to you is either I can exclude the heliport from Section "A", which I would like to do if we have another parcel available, and in lieu of that, I am then forced to renegotiate out within "A". Now I asked at the last meeting that you search and come back to me with an answer. Since I haven't heard it, I have to assume that we're going to fight back into Section "A". Mayor Ferre: He may not have done it. I don't —maybe he forgot to do it. Is that... Mr. Plummer: I don't know. UNIDENTIFIED SPEAKER: Commissioner Plummer... Mr. Plummer: Can I get an answer? Mayor Ferre: I'll recognize you in a moment, Mrs. White. Mr. Fosmoen: I think there's several questions invovled. The first question that you raise is, is there other property at Virginia Key that could accomodate a heliport. Mr. Plummer: Yes, sir. Mr. Fosmoen: We have to look at the kind of operation we're talking about. If we're looking at a large piece of property that would incorporate a landing space for six or seven helicopters, a repair shop, and all of that located within the parking area at Marine Stadium, then I would have difficulty recommending that to the Commission because you are continually cutting into the amount of parking that you have available for large events at Marine Stadium. Mr. Fosmoen: If we are talking about a pad that would be able to accomodate a helicopter and perhaps even be moved when there is a major event ocurring at Marine Stadium, I think that can be accomodated on the site and I think since we have reconfigured parcel "B", I think that it may be possible for this Commission to direct us in our negotiations with 1 0 Mr. Fosmoen (continued): parcel "A" to reserve a site that we may want to put out for bid to provide for a pad. Simply a landin ; ,,.1d, not a major repair facility and a central location, for helicopte-L service. I think it's possible somewhere on Virginia Key to find an area that may be used for a heliport or or repairs to the-"�aciiities to the helicopters. Mayor ti'i! l': Nir. iiarri:-;on wo uid 1;ou V• 11K ilp to t:hl'_ I wus really ilOt h i11G; >i_Iii ia,2r LEacll, ii you woll�d put your inibf.r Oil it, ')O!. :gee whert- tliat little c,otLe' line '.S w}lo_t re the t'i]_�,� is? The oher `_;1';IE• o' the st'a'llum. 11'at's it, that little tip Out tht'`e in that general :area where P1..:imm� L hides cut . Fosmoen: Nottlin;; is simple, of course. You will recall that several a1;J the COILID1�-;51oii SE't aside a ;)OTtlOn OL 'rlrgl.ilia Ke}' and I believe sk-Imc: ci chat area is included, as an envioonmentai preserve. There are nesting tarns... Mr. Plun-,mer: No Mr. Fosmoen: Nesting turns that are unique to the area Mr. Plummer: Turn the wern. Don't you remember the wern turn? yr. Fosmoen: e-r-n-s. Mr. Plummer: ,+o, it's w-r-e-n-s. Mayor Ferre: Okay, 5o ahead. Okay well let's not get into the spelling. Let's go. Mr. Fosmcen: The area that you pointed out on the map is an environmental and sensitive area. It's adjacent to the mangroves. Mavor Ferre: Right. Oka%'. 1`1-. Fosmoen: So we would look for a site, and I think it's possible, on vir ;illla hc' CitdT l+'OL:1,a not Gisru?t zhe ei:viornmental and sensitive areas. And 1 mink that if we proceed to negotiate with Sea Escape, properties could be reserved for ,:eliport facility or a landing pad, if you will, that would be used wi-,en there are not major events occurring. We don't want to cut into our revenue or, the other end. Mr. Plummer: What about that section east of the Planet Ocean? Mr. Fosxeon: Well, you will rCL&11 again, about five years ago that that parcel was suggested as a location for the velodrome. Mr. Plummer: Well that's out. r:r, 'r'csrv`cun: it went before the County Commission and they turned it down under enviornmental grounds. Yz yar Ferre: See, that's on the County side. A:r Fosmoen: We are still waling with a schizophrenia, if you will, on this property because it's our property located in Dade County:alld we have to seek permits from them. Mayor Ferre: Well, wheree is our property located in the City of Miami? Where is that line Mr. Plummer: I thou;Jit the road was the divider? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD.) Mayor Ferre: Su we would have to go to the County anyway for this. Mr. Fosmoen: Yeb, sir. They turned the velodrome on that site which is far less enviornmentally intrusive than a heliport. 116 NOV 2 6 1980 a Mayor Ferre: And I would guarantee they'll turn down a heliport too. Well, I mean, I'm willing to try it. Mr. Plummer: Well, let me ask you this. And Dave, I want you to understand, Bill, then you should really understand. (LAUGHTER). What we're doing is going to have to be put out to bid. �'ou understand that? Okay? Now, I'm only asking questions of you because there is none of the other people here and you can give me answers and an expert point of view. I have no problem with putting the pad on Section "A" and having some other location for the repair and storage. Mr. William Ter Keurst: May I comment on this? Mr. Plummer: That's what I want you to comment on. The problems that would incur. Mr. Ter Keurst: The remote facility has been a problem for years. It's very difficult to operate that way. The maintenance facility is a very small section of this. It's a fifty (50) by one hundred (100) foot area. It's not a large area. Also, as far as the parking problem is concerned, in our bid and we have always represented to the City that in the event of a major event, the heliport would be shut down, opened up, and available for parking. This is a part of our bid and has been. Also... Mr. Plummer: But you see, we can't speak to your bid. Okay? Mr. Ter Keurst: Well, we can from this point, Commissioner Plummer. First of all, the original advertisement for this property said in the inclusion of a heliport within the leased area, number one. Mr. Fosmoen: Mavbe I can save us some time because I have a City Attorney's opinion and let me read you the question and his answer. Okay? We asked the City attorney, may the City Commission accept a proposal from Dade Helicopter Services for the placement of a heliport on the premises of Miami Marine Stadium when the invitation to submit proposals for leasing of the area included the entire Marine Stadium area. The response from the attorney is the question is answered in the negative. Okay? Mr. Plummer: That doesn't surprise me because of the question. Mr. Ter Keurst: Very true. Mr. Plummer: The question is not properly phrased. Mr. Ter Keurst: Also, obviously boundaries can be changed. They just were on parcel "B". Mr. Plummer: No, no, no, no. no. The question is improper. I would answer your question. You don't need the attorney. You cannot give it to Dade Helicopter. It's got to go back out to bidding. Mr. Fosmoen: That's correct. Mr. Plummer: And I don't have any problem with that. But now the question that I want answered, can we separate out of Section "A" sufficient territory for the purposes of a heliport. Mr. Fosmoen: It is my belief, sir, that we can but I need to negotiate and what I'm hearing from the Commission is that that is part of the direction that you would give me in negotiating with Sea Escape so that we can... Mr. Plummer; I have no problem with that. Mr. Fosmoen: And that's where I would like to get to, a direction from you to negotiate with Sea Escape recognizing that the Commission has an overriding interest in providing a helicopter facility at Marine Stadium. So when I come back to you we will have, with the so far successful bidder, at least the one we're negotiating with, we will have resolved the issue and we will have identified the parcel with the company 117 NOV 25 1980 ist Mr. Fosmoen (continued): that is going to be operating the Marine Stadium, and we can then put that parccl out for bid. But u,:til I get into a negotiating position with the company that is i;oing t: be operating it, it's extremely difficult to just carve out a piece of property. Mr. Plummer: Al 1 �ignz. You see, now you' is t, mir.c_ t the parts of the puzzle t`'.at J ' Jt_ bc3n tryin,, t.? �:.-aw the picture of t�KaV! For example, ;;r. Fosmoen, you: to nc` have to give. the ,Rowing Club property up adjacent tt t'-.e road. -k6,c . T:ti.v- can Le j-.lact_'d somewlhere else. It is not acivantageous for then, to be up close to the road. Mr. Fosmoen: Absolutely. yll the need is an access to the... r;t . FI u.W:, r : All 1: i cht . That's wl-tv I reserve the right to change the locations. Nu—mbe.r two, I u'cv''i_ ..;:i k' what the ell tae southern !jell pays Lis for the area there designated there as their antenna , but Vm sure that int-enna can be moved and the City can utilize that property much ,.seater than for an antenna. Okay`: %ow, I'm saving to you, that a :i'1ip0rt at tiliS point can be. 36y&ntaBl'OUS tG tC:C City of Xiami Police Pcpartment, 1.c. , 1t5 c1tizcncry. It is -most l�:portanr.. Now, I don't C"Ce You cOiLC to the bottom Line of a`complisninc; it. And, I fully rt ,:of;ni::e thhat Bii! has nc, in road. H< will. bid li.:.e ever,. -one else. Okay? But 1'iT. sayins to yell tCiat 1 wan;: tc rC' -( L- e that r ii ht . !r. tJ5:ii0C'ii: Ani l wfiat I':,. Stl,�'ht'.�ti.: �'. zc vo i is li ui. ycu give ,n.v the authority to negotiate with Sea Escape. 1 will recognize that desire of the Commission, and will come back to you with an answer, sir. Mayur Ferre: I ' .., re;.;iy to make a motioi:. Mr. Ter Keurst: Gunticr,;.•ri, make I make a couple of more comments? Mayor Ferre: Sure. �7r. Ter Keurst: Number one, we're basically entering a new era as far _ i�s helicopter u6e for this City. Let's face it. We're going to use this thin; for a police department. Now to do this job properly, there is bsoiu:.ely no way to do this without proper support facilities. Number ont_, we, or 1';:: sure that .anyboo,; with the City would want to negotiate wit:l On this, is oinh to have to meet the requirements criteria ds established by Lhe FAA which includlu,; FAA ap?rovt_-u repair stations, Fkk approved 1-35carrit.rs and so forth. These are requirements set safety standards that obviously were set nationally and ;Ilouid be accepted anc appruvea by this City. Gka•. T`iis takes a support facility. Also, a con:...crcial cpur"t.it)n cannot exist back in the boonies some place. It has to have exposuT-u to the public in order that it might... Manor Ferre: I air. ready and I don't know about anybody else. But I am not gccing to vote for any helicopter port in this location with support facilities ani all the kind cf stuff that goes with it. I mean, and I don't 'Know w:io else feels that way. And even if we were to pass it, you're not going to gut past the Count} Corunission and, you know. Let's get on with this tiling in a realistic way. Mr. Plurir:ier: .%ll right. Let me ask a question of you, Bill. Look at this map. You see the area there designated the width of the Rowing Club ulna thu width of the telephone pole? Mr. Ter Keurst: Certainly. Mr. Plummier: All right. How much wider would your proposed heliport be than the telephone black line? Mr. Ter Keurst: It's none. It's smaller than that. Actually, we were moving it back in to utilize a parking area so that we would have an exclusive parking...the area that we were asking for including parking, included this area here. The Rowing Club asked us to move it out slightly and let them have access through the property which we have agreed to do, for getting their boats out, a walk way behind the building, between the 118 Nov u� �9so ist 4 0 Mr. Ter Keurst (continued): building and the telephone company$ and..o Mr. Plummer: Bill, Bill... Mr. Ter Keurst: ...including parking. Mr. Plummer: ...I am only asking for the amount of square footage that is needed. Mr. Ter Keurst: That area was two hundred and sixty-five (265) by three hundred and thirty-five (335). Mr. Plummer: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Plummer: If it's in order... Mayor Ferre: Yes, sir. Mr. Plummer: I would like to propose that item fourteen (14) the joint agreement between Sea Escape and Miami Marine Enterprises be approved... Mayor Ferre: Okay. Mr. Plummer: ...reserving unto the City that area, how can I designate? I can show you but I don't know... Mayor Ferre: Designate it on the map. And to be further defined by the City Manager at the next Commission meeting. Mr. Plummer: Okay, but let me show you so there is no misunderstanding. I'm not saying, Mr. Mayor, that I might not want to include that thing later on. Mayor Ferre: Okay. Mr. Plummer: What I'm saying... Mayor Ferre: Subject to possible inclusion in Section "A" later on. Mr. Plummer: Do you all want to see what I'm talking about? Reserving this portion, whatever this way is. Mr. Ter Keurst: It's three hundred and thirty-five (335) feet by two sixty (260). Mr. Plummer: I want to move this. Mr. Ter Keurst: It goes to Planet Ocean with an access through that area. Mr. Plummer: From that area west. Mr. Ter Keurst: For the Rowing Club. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORj) Mr. Plummer: I would be ready to offer that motion if everybody is... Mayor Ferre: All right, is there a second? Mr. Lacasa: Second. Mayor Ferre: Second. Now, Mrs. White, I recognize you, madam. Mrs. Helen White: First of all, I would like Commissioner Plummer to hear this, that the idea of two heliports is not dead. The County still has time to appeal the CAB decision. And as of today, I did not know what their decision is. So I really don't feel we can say that there is only 119 NOV 26 1980 ist 1 Mrs. White (continued): the existence of one heliport where 'they could be a possibility of another one. To make that decision today I think is jumping the gun. Mr. Plummer: Well Mrs. Whine, let me answer you... Mayur. Ferre: 1,e're not making the derL:ion today Mir. I iummt.r: ... i: I may. '.Ye'.e not making the decision, number one. You know and I know that if the County were to approve their heliport, they are not going to afford the. City any concessions on their heliport. Do YOU unciLrsta._G? T'w trying to gee some free helicopters for my Police Department, anu the County is not going to give me that. They're going to �,et it for the County. Mrs. '..l,it r.-: "oL, navu tc realize that the citizens and the residents also have to live with tl,ose helicopters. Mr. Plunint2r: Yes, n-,i'am, 1 understand that. The same way I have to live with airplancs flying ever my douse aly day long. And Z don't like it but I can't move the airport. Mr. Lacasa: But this is very remote from the residential area of Key Bicavne. :sirs. t,hite: No, we're talking about whether we're going to have two heliports. Because the one that the County wants is much closer to the area. And tht_ thin,; i:. .Are t.e just going to be on kick for a helicopter ride whether it be si. ;,t;-ee ,; '11r to stir:.uiate a privare eintrepeneaur. I earl See thu need l or police service, an e:.,urgency Pau, but when it comes to si&htsueinc trips 1 don't think that that's the kind of activity we really need In the vru i, in the i=ediate area, the residential area. Mr. Plummer: I would suggest that ycu violently cppost the County's applica:io:.s Since ;s :;uai. you,an: stron,�.ly support the Citv's position because it is away iru::, ..,)u. And MaP;be tiic CA.5 will agree with you, they don't need two and ours should be the oD e. Mrs. WhiLu: Is this r.loLion, the motion that is on the ficor right now, does that approve. Sea Escape also or is this... Mr. Plur^,mer: Yes, ma'am. Mrs. White: Well I would have something in addition to say. Please hear me out. Mayor Ferre: Well, what it approves is the Manager's negotiating with Sea Escape and then coming back here for a vote. Mrs. White, Well, we do have a problem with Sea Escape too, and I guess it would be best to mention it at this time. I think anything that's going to go up there in the manner of Sea Escape is going to become a traffic generator, and therefore, it's going to become quite a nuiscance and I tiiink everybody that comes on to the Key realizes that we have a problcr., them. This would impede our way home, also I believe that the idea of tl:e water taxis iias come up and tour buses has come up. I don't see wt,eri th.,re is any guarantee: that water taxis and tour buses will lessen the traffic flow. You havc a big problem because Sea Escape in order to get there you have to cross over traffic. That means that they will he lining; up on one side to get over onto the other side. We have a rremendous weekend problem. On the weekend the road can handle two thousar:u thrc c hundred (2 , �00) vehicles per hour. „Mien you have one lane closed down, ti-:ut drops down to one hundru,i and -,wenty (120) cars which is a dif erence. Also, our population is going to double by the year 2000. and we want to know how we're going to get home and how the rouridt are going to get on and off the Key. Thank you. Mr. Jeff Grigg: My name is Jegg Grigg, I live at 560 Fernwood Road in Key Biscayne. I am the Vice -Commodore of the South Florida Odtboaid Club and also a member of the Florida in -board Racing Club. Power boat 120 Nov 2 6 »eo ist Mr. Grigg (continued): racing is a big time sport. It draws over five hundred thousand (500,000) people to single events to cities such as Detroit, and Madison, Indiana. This is for one race only. It's not for the year. Mayor Ferre: Five hundred thousand (500,000) for one race? Mr. Grigg: Yes. In fact, this past year there was a race in Madison, Indiana that drew five hundred thousand (500,000) people. And Detroit had seven hundred and fifty thousand (750,000) for one race, the unlimiteds. Miami is on the short end of the stick as far as what they're doing. All right. When we hold a race in Miami Marine Stadium, we send publicity out before and after the race to thirty (30) major newspapers, magazines all around the world. It goes to South America, Europe, as well as Canada and Mexico and so forth and so on. If you lose boat racing you're going to lose out in publicity. You can't put a dollar value on that. Additionally, boat racers themselves bring in hundreds of thousands of dollars to the City of Miami through rental of their hotel rooms, retaurants, and so forth and so on, every time you put on an event. There's approximately twenty—five (25) boat racers here in Dade County. The rest of the racers come from out of the Dade County area. If this stadium is leased, power boat racing as it is known will cease to exist. Mr. Plummer: Why do you say that? Mr. Grigg: I would say that because as it is now, two major races that were planning to come to the City of Miami Marine Stadium have pulled out. Mr. Plummer: For what reason? Mr. Grigg: For the reason that they don't know if they're going to be able to put on their race or not? Mr. Plummer: Who told them othe m ise? Mr. Grigg: All right. Bill Muncey, all right, held the Wide World Invitational. This gave us all kinds of political publicity here in Miami. _ Wide World of Sports, at the beginning, for approximately three years they shows boats there at Marine Stadium with the City of Miami in the background. That race is going to Long Beach, California. Mr. Plummer: Why did they pull out? Mr. Grigg: Because of uncertainties of whether they'll even be a stadium for racing. Mr. Plummer: Well who told them such a thing? Mayor Ferre: Let me tell you something. Mr. Grigg: These rumors have gone around... Mayor Ferre: I'm all for power boat racing. I love to watch it, for a little bit anyway. And it's great fun and the noise and all that for a little bit is fine. I mean, I'm not crazy about it because after a while it really begins to ... you know, it's something that you really have to be into to really like it and understand it. But for years Z've been hearing this, about what a great thing, and how this is really going to put Miami on the map and all that. We've had that stadium there for fifteen, maybe close to twenty years. You know, that things been nothing but a drag. It's an albatross around Miami's neck. We lose hundreds of thousands of dollars every year. Now, I'd love... Mr. Plummer: There's only one boat race that makes money. Mayor Ferre: I'd love to keep those boat races here. But I'll tell you, it's time for us to start putting that thing into the black. Mr. Grigg: Let me say something about the City boat. racing. All right? I'm going to be very blunt. I went to the City of Miami Publicity 121 NOV 2 6 1ggp tot Mr. Grigg (continued): Department three (3) months before the Southeast Divisional Championship race and got not one piece of pu'licity from the City of Miami from that office pre -race, or aftcrwards. I got publicity from Dade County, not thn City cf TI•tiami_. They; will not support their own events. So how are yo>>>.,�: nc to have the event, make money on it if the City woil't even suplaert themselves, Mr. Plummer: I would ass,,Li%tc ttu> answer to teat is simple, sir. And if you would look into the facts you might understand. The facts are that with the exception, I think, of two races, every one are subsidized by the City of Mlami_. And it comes... Mr. Grigg: That is not true. Mr. Plununer: It is not true. Mr. Grigg: No, it is not. Mr. Plummer: All right, sir. A two hundred thousand dollar loss, if we did not operate it., can'L be disputed, sir. Okay, that's there. Now, the point 1':rtrying, to make to you is how much subsidy each event take? That's the answer. Mayor Ferre: -:i1 ril;ht, leek. It's almost seven o'clock. Mr. Pei has to catch an airplane. We've got at least two Hours more work. Carollo has his fourth anniversary tonight. Look how sad he looks sitting over here. His wife is roing to tart calling him pretty soon, so let's get going,. Make your statuments and let's i;er on with it one way or the other. Mr. Lou Nuta: :iy name is Lou N'uta and i live in Miami, Florida. Gentlemen, I know I'm s it t inf5 up hurt ; o; inn a battle anC I think I'm a smart enough man to ri:;i)w when !OSC �, batLIC. nut in a sen,u, i think the City has lost a baltlt' too. Nov.', some statements were list inade by the prior t a rEtr. or disagree with because I don't know ',-he pact:; . i;ut 1 do know soi;-,e facts that, Mr. Ferre, I know, I think you were on the board, Mr. Plummer, I think you were when the Marine stadium was initialiv built. Mr. Plummer: No, sir. Mr. Nuta: You were not either one? Mayor Ferre: I think I was on an advisory board. Mr. Nuta: My point is, I'm trying to make a simple point that you've had the Marina Stadiu:r, for all these years, you've lost money, now it becomes an issue today that, you know, you've got to get rid of it all of a sudden. It really doesn't rnake sen-a. Like I say, it's a losing battle. 1 hate to see it go because a to—_ club has alread scheduled fifteen races out of ::-iami, so you've chap.;:,: boat racing out. The Unlimited Spark Plug neg;ttta is, at the -�_y best, is questionable right now. So this is Nhat you in essence have done. Now the thing that really destroys my faith in Miami, that I have not heard the word publicity or tourism mentioned in any of these hearings. Even the Waterfront Board. Now Miami is a City built on this. The Marino Stadium was built to be part of that complex, lust like all of the other places were built. You know, if you 1had to put r, value on something that you're betting publicity from, I have never heard a man frog„ the City of b;iami Publicity up hers., or a Marina Stadium Manager come up here rnd showyou scrap bookb that fill of us couldn't lift up in this room and shoe, you publicity. Mr. Mayor, .;ou may not bu an c:dvocate of boat racing, you may not like it, but you have to be an advociitu of bringing people and money to the purses to the City of Miur,i. I'm a tax payer here so I would like to see the thing be built, I would love to see a Utopian situation, have boat racing acid have it paid for b.:t 1 don't think we're going to gain that. 1 don't m ink it's going to comae to pass. So like I say, I know that boat .ac.ing, In de exited over Lheru. I don't care the way it was defeated, you know, but it's gone. But I think you should live and think about what you've really done here. Now, it may be question ... I'm surprised 122 Nov 2 6 i9 e� 80 41 6 Mr. Nuta (continued): that some... the Miami Herald or t.v. stations have not digested this thing and not found out what's happened here. Plus, another thing that worries me and I'm going to sit right down, you don't have to put the timer on me, but another thing that worries me, that one of your principal people of this thing is a City employee. You know, can't swallow that one. Mayor Ferre: Who? Mr. Nuta: You know, Even after you sign it, I think I'm going to take a look at that. It just can't be... I'm... Mayor Ferre: Wait, are you... Mr. Nuta: ...a tax payer and I have a right. Everybody is pushed over. I think it's important. Mayor Ferre: Are you talking about Pantin? He's not an employee of the City. Mr. Nuta: He sat right there where you're sitting last night and conducted a meeting in the City, Civil Service meeting. Mayor Ferre: He's a member of the Civil Service Board which is... Mr. Nuta: All right. I'm not going to argue. If you think it's fair, Commissioners, if you people think it's fair, it's fair. Mr. Plummer: No, ao, no. Mr. Nuta: I'm admitting defeat. I'm going to go home, I'm going to eat supper. I'm tried of listening to all of this but I'm just trying to make a point here. Mr. Plummer: Lou... Mr. Nuta: Publicity and tourism was not mentioned. Mr. Plummer: Lou, Mr. Pantin has already indicated, sir, that he will resign the day that this award of this contract is made. So there will be no conflict. Now, eat a little bit more tonight knowing that. Okay? Now, one of the other reasons we're going to send this thing to the Manager is at the last meeting I brought up one of the points of negotiation is that either fcur (4) or six (6) events a year be allowed in the Stadium. Look Lou, you know that these people who are here are smart enough that on those events that make money, they want them. And we both know that the Champion Spark Plug, Regatta makes money, the Mike Gordon makes money. Okay? NOw, the problem we have is the subsidy on those that don't. And you know part of that subsidy isn't all the City. It's Chuck Ankra and all of that group. If they didn't donate their services there would be no boat racing even with the City subsidy. Mr. Nuta: J. L., my question to you and I don't want to go back I think I stated the last time or two or three times I was here. You gentlemen on this Commission, that's your baby over there. The In -board, the boat racing people cannot maintain that thing and pay the expenses for you. You've got to hire a manager... Mayor Ferre: Lou... Mr. Nuts: ...you've got to put people in there. Listen, if Lee Evans was still alive, I don't think this thing would be up for a vote, you know, because he had tremendous ideas over there. But it just seems to me, and maybe rightly so... Mayor Ferre: C'mon Lou, Lee Evans was involved in that thing for ten years and each year it lost more money. You know, he was a great guy and God bless him. We all lcved him. 123 lot Nov 2 6 1980 Mr. Nuta: What price do you put on publicity, Mr. Mayor. kfia.t price do you put on a picture in Oshkosh, Wisconsin, when a guy is snowed in and he wants to come to Miami ,and ,,pend iris money down here. 'All at allegience do you Ow't' to thu people of the City of Miami to bring these pcollle in. YOU k1't.' , L it 1"C'ti other ti „gS. i dOii't Want t0 Stay up here... M,tyc:r" : urr't: Ilt i960 w1licil :lit.• Ci iy of :''1icu-,d's total budget was thirty million dol_larL� �;w,t)OC,(_)t)J) which is what... Mr. Nuta: Y-ah, but look... Mayor Ferre: ...I didn't care very much. Mr. Nuta: ...the boat people didn't have that place built. A City Col: fission just like- the genticir n that you are sitting there, they saw fit to build that Marine Stadiur.. for .Miami. This is my whole point. saying, its built, iLs put in here. It should be a success. It shouldn't be given a4a,,,. This is i,.v whole point. Mayor Ferre: Lou, we hav i `,iotcr Board, the Water board deliberated. There i-. �crr. Wrio is tiie C11_yii-person cf it and... Mr. ''ur:i: But .ici e atialil Mr. 1ACt"Or, ti1C jl :il \'tr :'. ti nit d tourism and publicity. Evers the 4;dturfront board w:i,:h uisappointQd me. These are -men who aree supposed to know t11e City of ,.sari Lilco, all of us do. I'm all little prejudiced. 1 was born anti raised in Xiami so I'm a little prejudiced. t`vc. been ir: bcatin racing and boating, all my life so I'm prejudiced and i undt'.rst.inc that Ydct. But what I'm saying is, you know, none of us has: Lhe Mrni: Stadium built but it was built to put boat racing on. Mayor Ferre: All right, further discussion? We have a motion and a second. Caron,): Yes. . ust ,n,' q-:ick remark. He's mile some good points there. „;lays beLil i,:,ti;cZ"ing rc for a ion` tir,%e, the question mark that '> > i to had on this been 'nave we lost .money theri: because there really ' lose mono ttlere because of poor wasn't tie hu.>i:,�5s for it . or did w� �. adminiatrati0r. On .tie City's kart. ::gybe one of these days that will be answered for us. but this was put out to bid and I think that we're going to have to make some of the determination one way or the other on it now. Mayor Ferre: I'll tell you, my personal opinion, Joe, is that government can never substitute for the private sector in running operation of this sort. Mr. Carollo: I agree. Mayor Ferre: Whether they be marinas or boat docks or restaurants. Things that where there is money transacted, and the public is involved, the private sector where there is a profit motivation will always do a beater job. Mr. PILUnllner: well you know, and I t:infk, Mr. Mayor, we ought to realistically put on the record we're looking at the same damn thing with the baseball stadium,. Mayor Ferre: Yeah. Mr. Plummer: You know, when it was built it was great, the concept was great. The town supported baseball. You go over there now you have a stadium for ten thousand (10,000) people and you have six hundred (600) there. So how long can we... Mayor Ferre: Further discussion? All right, call the roll please. Father Gibson: Mr. Mayor, before I vote... Mayor Ferre: Father Gibson. IDA fist NOV 2 6 mo I 41 Father Gibson: ...that gentleman raised a question. Mr. City Attorney... Mayor Ferre: Mr. Knox. Father Gibson: That gentleman raised a question. I want a written opinion answering two questions. Number one, does a man who serves as a member of the Zoning Board have the right to do business? And I want mane in writing so that you —Mr. Mayor, have you ever heard about CYA? All of you know what CYA is? Well, as a priest, I want to CYA. You know. Number one, does a member of the board have the right to do business with us; and number two... Mr. Plummer: That's precluded, Father. The man has already said that he... Father Gibson: Wait a minute Plummer... Mayor Ferre: Plummer, in the interest of saving time, Mr. Knox, would you very quickly answer the legal question posed to you. Father Gibson: Mr. Mayor, he's going to answer verbally but I want it in writing. Mayor Ferre: In writing eventually. Father Gibson: All right. Number one, does a man who serves on a board with us have the right to do business with us? Number two, if a man servina on a board with us doesn't have a right to do business with us... I've been through this...when does he have —when is his resignation... Mayor Ferre: Effective. Father Gibson: ...effective, or is valid. Now, one other ... give me one more minute. If he does not have the right to do business with us, that's one thing. If he may do business with us providing he resigns, I want to know at what point he is to resign. Now, Mr. Mayor, you all wouldn't understand why I'm asking that and I don't want no confusion up here tonight, but I've been through that kind of thing. Mayor Ferre: Okay Mr. Knox, three questions. Mr. Knox: The answer to number one is that no person who is a member of the City's work force, or a board or an appointive position may do business with the City, or contract with the City. The answer to question number two will require more research because the language says that you may not contract with and the question would become, as Father Gibson has posed it, at what point are you actually contracting with the City and we would have to research that, and we'll give you an answer. Mayor Ferre: Well assuming that we get a proper legal answer to those questions since we're not really coming to any conclusion tonight, but ■ authorizing the Manager to begin negotiations. There is a motion on the floor and a second. And I assume that there is no further discussion, we can now vote. Mr. Plummer: Mr. Mayor, it is not my understanding to begin negotiations. Negotiations have taken place. It is to finalize negotiations. Mayor Ferre: And come to the Commission with a conclusion... Mr. Plummer: The final draft. Mayor Ferre: ...and by that time, Mr. Knox will have a legal answer and I would assume that Mr. Pantin is either going to have to resign, or is not able to resign, he's going to have to get out of this deal. so you know, it's one or the other. Let's move along. And if there is no legal solution, then I guess we'll have to start and readvertise all over again. So in the meantime, do we have any further discussion? 125 NOV 2 61980 tot i Mr. Plummer: It is understood that in that area that I designated is reserved. Mayor Ferre: Yes, sir. It's part of the notion. Call the roll. The following resolution was introduced by Commissioner The following resolution was intro�uced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-854 A RESOLUTION AUTiiOMil, iris C-1 uA,tiA'SEF. TO CONaKE-l.CE NEGOTIATi O :-`. WI T -i :),EA2 CAPE OF MIAMI , INC. FOR THE LEASE AND OPERATION OF 3ID PARCEL ' "A" AT MIrVMI MAi-,I:NE STADIUM, WIT'i 14EGOTIATIONS TO PF.,?CEED WITE :MARINE STADIUM ENTERPRISES, INC. AND MIAXI PiiO..M0'TI0-NS, INC. , IN THAT ORDER, SHOULi) NEGOTIATION: WITH SEAESCAPE OF MIAMI, INC. PROVE U,;S'-=LS6FU1-,; FURTiiER DIRECTING THE CITY MANAGEi-� W. DHLi-C:EAiE TIRE AREA TO BE RESERVED 'OR HELIPORT USE IN PARCEL "A" (hare fcllcws body of i:,:aoluta.on, oma_tted here and on file in the :office of the City Clerk.) Upon bein; seconded ry Corcad6sicner Lacasa, the resolution was passed and adopted by the following vctu- AYES: Com,,-:LISSio;zer Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. FOLLOWI14G ROLL CALL: Father Gibson: By the way, my yes is predicated on the answers I get. Mayor Ferre: On the legal answer. 11L�yor Fcrre: We're now on item nuirher 19, tninus Mr. Pei, I see. :,ciyor, I woula like to undurstand, irom the _ 9i ,1niStIdCiO :, YLjw 19 evun appears on thu agenda. I Want to 'Know who instructed the a,;:r.inistration to enter into any negotiations fora new contract. :his Commission did not authorize such. - it. cusmov.n: You're talking (about ly (a) or 19? Mr. Plummer: I'w Milking hbout 19. Mr. Fusmoen: 19 is simply can extension of the agreement between Miami Center Associates and the City concerning Miami Center Associates function as a construction manager. It extends it for two months. 126 Nov 2 61980 ist 46 Mr. Plummer: Mr. Fosmoen, I will read to you, sir, from the resolution. "Whereas the City Manager is negotiating for a new agreement and has not concluded these negotiations..." Who authorized the Manager to enter into a new agreement? Mr. Fosmoen: I believe this contract was extended two months ago, Commissioner... Mr. Plummer: For the purposes of... Mr. Fosmoen: Of negotiation. Mr. Plummer: A new agreement? Mr. Fosmoen: Yes, for the purposes of negotiation. Mr. Plummer: And this Commission approved that? Mr. Fosmoen: I believe so, sir. Mr. Plummer: May I be refreshed in my memory. Mr. Fosmoen: We are talking about the management agreement. Mr. Plummer: I'm speaking to item 19. Mr. Fosmoen: Extension of agreement between City of Miami and Miami Center Associates. Mr. Pluramer: That is correct. And in relation to that which i5 the City Manager is negotiating for a new agreement. I would like to be refreshed as to when it was authorized by this Commission for the City Manager to enter into a new agreement. Mr. Fosmoen: I'm trying to find specifically what you're referring to, Commissioner. Mr. Plummer: All right, well come here and I'll outline it for you. Mr. Fosmoen: Because there is several items on this... Mr. Plummer; I read it. I thought that was sufficient. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: All right, sir. That's exactly what I'm talking about right there. Mr. Fosmoen: On the record, Commissioner, I believe that this contract, maybe Miami Center can correct me if I'm wrong, this contract was extended two months ago for the purposes of negotiation. And that's what we've been doing. We have not accomplished those negotiations. I will check the record for you... Mayor Ferre: See, what I recall in this whole process is that we had a hiatus. And the hiatus was that we had Worsham and Miami Center going in one direction, and we had another contract which was -with Mr. Lipton and his associates, Dade Federal Savings and Loan... Mr. Plummer; We settled that. Mayor Ferre: We didnt' really settle it. Mr. Plummer: yes, we did. That's the point I want to make. UNIDENTIFIED SPEAKER: Could I merely... Mr. Plummer: No, no. Marshall, I'll be glad to let you speak but I want to hear from Mr. Fosmoen. • 127 NOV 2 6 �gQu iet c iKayor Ferre: Yeah but you see, I think, you know, I don't want to get into splitting hairs and all this kind of stuff. What i would hope we could do is get on with this thing one way or the other. Mr. Plummer; You see, Mr. Mayor, it's my understanding that this Commission made Giat decisioni. And :_t is final over with. Now I want to know w;:y it's bi,ct: up mere again. Ali yui Terre: :.ars'nai , ao you have any light to shed on this? Mr. .'os-aot:n.: ThL: , Mr. Mayor... Mayor Ferre: Mr. Worsham, do you have some 'Light to shed on this portion? Go ahe ud . Mr. tail Worsham: Mr. Mayor, 1 think we're talking about a different a;,ree,rtnt. We're talking auuut the construction management agreement lout was executed back in 19-i8 with Miami Center Associates, Inc. The term o: w iiiil ran Out cappTu}:11`«aLe1V lour (H) months ago, as 1 recall. The Gity C namission eatened that for a two (2) month additional term While the City ;:«r.a:;er Was ncrotia*.ing certain terms and conditions ,:)t :;ar con!,f rtic tson-mana,i-,,ement agreement with Miami Center Associates. %t does.i't have anvthinc; to do with the. Dade Savings or the World Tru,+e Cf-rater. It's a different contract, sir. Mayor Terre: Okay. That's what 19 is. Mr. io�,moen: Uni:t's 19, for construction management services. Mr. Plummer: Then tell me the difference between 19 and 19(a). F! t ,bs"antlLl difference, Commissioner.. 19 only relates 1JI�iLei1. L1 .:u to tlliami C'onter Associates, Inc... Sc,, vo.i re t"al';irq; about -L9a) , Plummer. Fusmcvn: .insurint; this City that the job is done on time because t:.L—.; are the construction managers. r. Plum er: l�- net tFiis Co=mission make a hard decision, as I recall, ghat the garage was being built by 'Mr. Candella? `.r. 'robmoen: That is item i9(a), sir. Mr. 1 iur.aaer: Li.d not we make that decision? Mr. Fosmoen: Y',u have some contractual obligations, sir, that will require us to renegotiate. Mr. Plummer: Didn't this Commission make the decision. Mayor Terre: Yes, Piu:.mer, yes. Yes, yes. Mr. i'lummer: Okay. Then I'll jump on 19 (a) and I apologize for bringing it up too soon. We made that decison. t'.jyor ferre: Yes, yes. And 1 would like to requesr_ion that decision, myself, personally.. Okay? i want to know who brought it back up here. It was done -,nd over with. Maycr Ferre: Xe. I'm going to take the blame so we can get on with this thing. Okay': If it's a question of blaming somebody, please blame me. Now .let's move on. 19 is before us. Are there any questions on it? Mr. Plunm,er: Does this, Mr. Manager, in any way have anything to do with the completion date that is set by the garage facilities? 128 s NOV 2 198a iar Mk . Mr. Fosmoen: No, sir. Mr. Plummer: Just for the record, Mr. Mayor and Mr. Manager, I want to tell you I am damn uncomfortable Without the man who is primarily the mover is not here today. Mr. Vince Grimm is not present, and I want to tell you something. I feel damn uncomfortable without that man being here who is the man who has lived with this day to day to day. I know he's on vacation, okay? But I tell you, that as far as I'm concerned, without having that man tell me that this is what is part of the full and total ball of wax, I'm uncomfortable. I want that on the record. Mayor Ferre: Dick, why don't you call Vince at home and put him on the phone with Plummer so we can get it on the record and move along. Mr. Plummer: That's in reference to 19. 19(a) is a different ballgame. Mayor Ferre: All right. In the meantime, is there a motion on 19? Anybody want to move 19 so we can get this thing over with? What it does, it extends the construction management agreement for two (2) months for thirty-two thousand five hundred dollars ($32,500). It's an absolute insurance... Mr. Lacasa: I -love. Mayor Ferre: ...policy. It's the cheapest insurance that I think we can possibly have. Its been moved. Is there a second? Father Gibson: I'll second. Mayor Ferre: Further discussion? Mr. Plummer: Under discussion a further question. Mr. Mayor, my only concern now resolves itself down to, Mr. Fosmoen, does this, I have to ask the question of you . Does this in any way put is in jeopardy of the bonds? Mr. Fosmoen: Item 19? Mr. Plummer: 19. Mr. Fosmoen: No, sir. Mr. Plummer: I want it on the record. Thank you. Mayor Ferre: Is Mr. Grimm on the phone? Mr. Fosmoen: He's on the phone. Mayor Ferre: Put him on with Mr. Plummer so we can get this over. He's the first one that's going to want you to vote for it. Mr. Carollo: Put it on the mike so it will be under the shinshine. (INAUDIBLE BACKGROUND COMMENTS SPOKEN AWAY FROM THE PUBLIC RECORD) Mayor Ferre: Start calling the roll so we can get his vote in. _ tat 129 NOV 2 6 ►980 0 The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-855 A RESOLUTION A.'THORT::INC '!HE C1TY MANAGER TO EXECUTE, ON BEHALF OF T'E:'_ CITY, A TWO MONTH EXTENSION OF THE CGNSTRI:C.T_0` MANI AGEMENT SERVICES AGREEMENT I i.111r"EN TliE CITY C'F MIAMI ALND MIAMI CENTER ASSOCIATES, INC., NOT TO EXCEED A `AXINfUM EXPENDITURE OF $32,500 FROM CONVENTION CENTER BOND F�NL DS (Here fellows b.-)dy rc-solution, omitted here and on file in the Office of the. City Clerk). b% Cuirimissioner Gibson, the resolution was passed and adopted by the following vote: AYES: COi;llli SSI.On r J . L. Plummer, Jr. Commis-;l.oner Joe Carollo Commissioner Armando Lacasa Mice-Mavoz (Rev.) Theodore Gibson Mayor :;aurice A. Ferre NOES: None ABSENT: None FOLLOWING ROLL CALL: Mr. Plur.,;.or: it is L; ccurse, established on the record that voting, f.ivorably on 19 4I1 no way_ jeopardizes the bonds that have been sold and th,it haVC been 17Un by Mr Guandolo and he is in accordance that this does not jecp, rdize. tEe bonds. Mayor Ferre: That is correct. Mr. Plummer: Nor does it jeopardize in any way, let Mr. Worsham off the hook of the completion date of that garage. Mayor Ferre: Un the contrary. Xr. Nlui-..zer: n... 1 want that understood. r:, . : mC.I .SCT A:.D ACTI,'ORIZL PA"U,'ING CAi.y(:i TU uJ ul'lE_ilC'.'.ED 1)y 1. 'i. PEl t.3�-:"..�'!fi�1,'.�%;:'•yF'-��t�,:e�!'.:saE+IFL.9,R;.:rr :��:eti�rr.�.e. ,a...-..._...-...M.a:.�y�..,, - ,:.. s. ; .�,..., .,��--. •........, ,...._... _ _ ___------- �!i"i.r Mi.. Manager,;i All you may as we etart off with :•lu:rier's question; s : we've ulread\voted on this, why 1s thi& comin6 Lid before the Commission at this point? of the C•o:a;issio _ n, your ieuse agreement with :.idt t li'j5 utl�: L.GF.P, 'Sso: i,ltion provides for them to IDuriC or recow.mei-,04 a„justr.enrs in the design of the parking barage so that their buildirrj; drsl',-a can fit crl ti;e garage. It provides for your review and approval Ct t:luse changi:::i, and Jnde Savings and Loan must agree to pay for tln} adeitionai cost cvrr fifteen million dollars ($15,000,000) that wt, have available, or fourteen, seven (11,700,000), if you wish. Because we have about a three:. hundred thousand dollarseven ($300,000) contingency. ist 130 NOV 2 619$0 4 4i Mr. Fosmoen (continued): Any additional costs that are incurred as a result of changes in the design of the parking garage so that their building may be accommodated. Those are the negotiations and the discussions that have been going on for approximately two weeks becasue Dade Savings in conjunction ith Miami Center Associates and the City, have arrived at a position where we can accept he so called Pei design, and it has bee redesigned so that it is a ramp facility rather than ramp flat floor. And Dade Savings is willing to pay for the additional costs that would be incurred. Mayor Ferre: All right look. May I just for a moment take the prerogative of the Chair? Mr. Worsham, if you would come here, and Mr. Lipton, the two principals, and I guess Mr. Pei is gone, but somebody can represent for now. _ Mr. Plummer: That statement is incorrect. I just hope that we're going to correct that statement. Mayor Ferre: Mr. Pei is not gone. Mr. Plummer: No, sir. The statement made by Mr. Fosmoen is only eighty percent (80:) correct. Mayor Ferre: Okay, now. I don't know if it's eighty (80) or one hundred (100) or ten (10) percent correct. I have a very simple question. Mr. Worsham and Mr. Lipton, last time you were here you wanted to build a garage, Lipton wanted to build a building. You didn't want to agree with Lipton's idea of his building because you were worried about the timing and finishing, and what have you. Lipton said I'll pay for whatever is extra. Now, since you're both here, I would assume that you've now worked out your differences. Now, would you into the record, both tell us, have you worked out your differences. Does your garage comply with Lipton's building, does Lipton's building comply with your garage? Are you ready to sign an agreement, and if you are, as far as I'm concerned, it's none of our business as long... Mr. Plummer: 011, oh... Mayor Ferre: ...as long as one, you pay the extra amount, two, not hold up the contract, and that means to finish in time, and three, not jeopardize our bonds. Beyond that, it's none of our business. Mr. Ron Lipton: Can I make a comment? As I understood it in the last request when we requested a change, it was a complete change in the garage. We have now redesigned the garage so that it is not a change in the garage in its philosophy, it only moves the columns so that it will accomodate the tower. It looks as if... Mr. Plummer: It doesn't change the ramps? Mr. Lipton: No. It operates the same way as the Candella garage that you —this is a complete redesign of the garage. It is not the... Mayor Ferre: It's a marriage of the two ideas. Mr. Lipton: Right. It is a compromise of the two designs. It -works _ in the same manner as the garage that was approved, and it will accomodate the tower. So it is not, we think conforms completely with what was approved and other than the technical location of columns, etc., when it was finished, you probably would not have known that it was a change in design. It looks the same. Father Gibson: Are you through, J. L.? Mayor Ferre: Mr. Worsham? Mr. Plummer: No, I'm not finished. I'm just starting. Mayor Ferre: I asked a question of the two of you. I would like on the record for you to answer that. 131 Ut: NOV 2 61980 .�, rz'.+sna S mta'av'r!-ea .. _ iftlMlllfl Mr. Earl Worsham: We have reached an agreement. As Mr. Lipton succinctly stated, the garage is a modification of the Candella garage. It is a marriage of the Candella and Pei design. Particularly with the tower. In fa._ t, t`ic, two i'.rms Candella, Perindino, Spillis, Candela an6 1. M. Pei, it is my utn(,c,.s:__nd ^:b, have reached an Lo joint venture the architectural worn. We have... M 'Ic i i'errt . the wa; , c.n tiie record, I confirmed tilat by telephone conversation with Candella yesterday. Mr. Lipton: lherc is a member of the firri here in your audience. Mr. 6'u.:.' arl: That's right, rtem)er of G.S.E. :other Gibson: Are you with thL' Candella fir::.? (IvA'111hLE BACKGROUND COM',IENT PLACED OLTSIDE OF THE PUBLIC RECORD) r'ath " Gibson: All right, because : want to ask a question for the record. Mr. korshaln: And further, for the record, we have presented a proposal to the City to build the modified parking garage within the time limits of our contract and under the same terms and cor:ditions of our contract. We have a general contractor, George Hyman Construction Company that has entered intc. a contract with us to complete the building by Febrc:ar, 1, 1961...82 and is furnishing a performance and payment bond _ guaranl_c.c ii,g to do so. I think that answers the basic question. Mr. Plullllter: Pt what price? :fr. Worshur.: %t a prise...fifteen million seven hundred and some odd tl;ou:idnd dollars is .',c hard cost price with them. :ir. PlurJ.�>r: 0"1. but then you're paying the additional million dollars Mr. eorstlaa": the addition._1 monies are being paid by, whatever it is, is being Laid by Lado Savings. That's in the record. Pfv. Lipton: The total cost estimate is nineteen point eight million (19,800,000). : ayor Terre: i, io is paying the difference? Mr. Lipton: We are paying the difference in we are depositing with the trustee the four point eight million dollars ($4,800,000) so that the entire construction fund is intact. Mr. Plummer: ;sir. :.iptcr., I'm not buying that. Okay? If we come to an agreement, there's another way we're going to come to it but not on that bond procedure. I want to get back to Mr. Worsham. Mr. Worsham, sir, you have u contract with t.e City of Miami to perform, to build a. garage by yLirch 1, 1982, for the cost of fourteen million seven hundred thou and dollars ($14,700,000). Mr. Worsham, on the record, are you prepared still with this substantive agreement that has come out of left field, to perform for fourteen million seven hundred thousand dollars ($14,700,000)? Mr. Worsham: Mr. Plummer, first of all, there are a couple of minor inaccuracies. The first inaccuracy was you stated March 1, 1982. It's February 1, 1982. Mr. Plu=,er: I stand corrected. Mr. Worsham: My second item is fourteen million seven (14,700,000). My contract with the City states that we will build for fifteen million dollars 015,000,000) not fourteen seven (14,700,000). Now, the 132 ist NOV 2 6 t98Q 4 P Mr. Worsham (continued): contract does provide, however, that a... Mr. Plummer: Excuse me. Let's Nash that point out. Mr Fosmoen? Mr. Fosmoen: I think we're in agreement, Commissioner, because there is a three hundred thousand dollar ($300,000) reservation for changes that can only be spent with our approval. So it is a three hundred thousand dollar ($300,000) contingency fee. He's right. His contract is for fifteen (15), but he can't spend three hundred (300) of it unless we agree to it. Mr. Plummer: Is that the way you understand it, Mr. Worsham? Mr. Worsham: No, sir, Mr. Plummer, it is not. Mr. Plummer: Now, you see. Okay? Mr. Worsham: Excuse me. Mr. Plummer: Surely, sir. Take all the time you want. Mayor Ferre: Not too much, please. Mr. Plummer: Not too much, please. Mr. Worsham: Mr. Plummer, in order to make this explicitly clear... Mr. Plummer: Please do. Mr. Worsham: ...the initial contract that we have is for fifteen million dollars ($15,000,000) and that contract calls for a contingency clause in an undefined amount to be available to the City for change orders. Now we never agreed on the initial contract as to what the amount of that contingency fund would be. Mr. Plummer: Where did the three hundred thousand (300,000) figure come from? Mr. Worsham: Good question. Now where it came from is that Mr. Grimm, and the City Manager felt as though three hundred thousand dollars ($300,000) was the amount that was needed. Now in the proposal that we have before you today, we have included and agreed to make available three hundred thousand dollars ($300,000) to the City. Mr. Plummer: For what purposes? Mr. Worsham: For City purposes. In other words, it would be up to the City's request to us for some extra or something like that. The City may use it... Mr. Plummer: Such as television security. Mr. Worsham: Such as whatever you want to use it for. Mr. Plummer: Then again, my question to you, Mr. Worsham, arg you still prepared under this new marriage, to perform and complete by February 1, 1982 for the tune of fifteen million dollars ($15,000,000) a garage of fourteen hundred and ninety-nine (14,099) cars as in the original proposal with three hundred thousand (300,000) reserved for City use? Mr. Worsham: Mr. Plummer, I think the answer to your question in principle is yes but I must clarify what I'm talking about. Mr. Plummer: That's what we're here for. Mr. Worsham: The price of the new garage is nineteen million eight hundred thousand dollars ($19,800,000). 133 ist NOV 2 61980 Mr. Plummer: Don't speak to that. I'll get to that in a minute. Mr. Worsham: All. right, sir. The cost to the City will be fourteen million seven hundred thousand (14,700,000) and yo>> have three hundred thousand dollars ($?00,000) to work with on change orders. Mr. elumaner: h1r. 4fc.rsham, please, iu�i shuulc Know Where I'm coming from. I :,in k•nly 'bold you to that r.ntrr:_:*. which is in effect. now. And I'm Yuin;, to hold y u + that cc.ntra.' , sir, That contract says you shall VL,L -'orin :or :iliCen Tlii111on l:,,Iiais ($15,060,000) a garage to be completed b�, that date, "X" number of spaces which is fourteen ninety (1,490)? Mr. Fosmoen: rourtuen iiiLy (1450) for fi teen milliondollars ($i5,0001000) wit;-: three hundred thousand (300,000) in reserve. In the new marriage, are you still co;:fitted t::, that figure: Mi . Worsham. Mr. i'lummur-, possibly.... Xa . r•..trshal, Iiatris: 11 1 night. Your problem here is that the request 1-1--lore tine City Co,,usission is to ::,odify that original contract to a new figure. Xr...wk2 ar;• not changin,7 the date c.i completion of the garage, we ,are not ehani-,inF '_hc: number of parking spaces. The only thing we are doing is making t::at garak.0 more costly. And „r. Worsham has-.,romised to bring it in for the new co::t, now nineteen million eight (19,600,000). No, wait a second. Pardon mc. Thu question you poste. can only be posed on the assllsption L11at. you ote dclwn the change at the Commission meeting. If you vote down the change, you have the origi-nal contract and that's it. And hk: is still buUnC by the original contract. You can't have a... Mr. ?iummel-, vuu L E,;: W'i11volt do it for f 1'i teen mullion, it implies if we accept this ;:hang, you've then got a nineteen point eight million dollar ($19,80i+,000) contract., an approved change order making the contract nineteen uigi:L (19,800,000). Mr. Plummer: :1r. } arris, &ir. That's fine for you. Mr. harris: tic, it's line for the City. The City has then entered into a contract wiL1, "Ir Woisha^: to build it for that. It has four point Light (4.8) of the money in cash from us, and it will have a fifteen million collar +;Si5,0i)G,000) bunelc t',at it will put in, minus the three riundrec: thousand collar (;300,000) for contingency. It is in no different position because we haven't changed the capacity of the garage, we haven't changec, the time of completion of the garage. The only thing we've done is said we -'re going to spend four point eight million dollars ($4,800,000) more on that garage than we were originally in l,rder to accomodate the kind of tower that is desired above it. We're going to pc si_t ion -,urtain colu:uns in certain places to build the tower more consistenly with the garage itself. That's it. Mr. Plummer: Are you finished? Mr. Harris: 1 an, sir. Mr. Plummer: All right, Mr. Harris. I can only hold Mr. Worsham to the fifteen figure and be comfortable under which the bonds were sold. Anything that you, you Dade Federal, wish to do up and beyond, if approved by this Commission. And it's an if, not a may, or shall. You're not going to negotiate ab far ab I'm concerned with the City. Your!re going to negotiate with Mr. Worsham because four point eight million dollars ($4,,s00,000) additional, I'm not going to go on the hook for. If Hyman doesn't produce for fourpoint eight (4.8) additional dollars, I'm not going on the hook for it. And the way it is being proposed presently, the City ie being put on the hook and I'm not going for it. Mr. Harris: That is not true, sir. That is not true. Mr. Plummer: All right, tell err where I'm wrong. Mr. Harris: Tfie u,osificotion to the contract will give the City the same upset price that it now has with Mr. Worsham, Your upset price with Mr. Worsham right now is fifteen million dollars ($15,000,000). For that 134 ist NOV 2 61980 1 4 Mr. Harris (continued): fifteen million dollars you get your garage. You will now have a new upset price, nineteen eight and for nineteen eight you'll get the modified garage, and you will have four point eight million dollars ($4,800,000) in cash with your trustee as per the bond indenture to cover the difference between fifteen and niteteen eight. Mr. Plummer: Mr. Harris... Mr. Harris: You've got exactly the position. Your position doesn't change at all. Mr. Plummer: It does not benefit the City, i.e., primarly in the changes made upgrading to the nineteen eight. It benefits Dade Federal. We get the same kind of garage. Mr. Harris: No, you get an abortion. And that's the reason we worked for two months trying to avoid that. You get a garage on which we can't put the Pei Tower. We'd like to put the Pei Tower there because we think the City...sure, we'd like it at Dade. We think the Ciy would like to have an I. M. Pei building sitting on that garage. Mr. Plummer: I want a blank check from Dade Federal for anything in excess of the fifteen million dollars ($15,000,000). Mr. Harris: We have told you this... Mr. Plummer: If it's nineteen eight, God bless you. If it's twenty point one, you're going to pay. Mr. Harris: Pardon me, sir. You didnt' listen to what I said. Your present contract says that if Mr. Worsham can't build the garage for fifteen million (15,000,000) that's not the City's problem. He... Mr. Plummer: It is the City's problem. Mr. Harris: No, he's guaranteed to give you that garage. Okay? He's bound to that. You decided that you'll take Mr. Worsham on the excess above fifteen if he can't deliver. Now what we've done is we've said, okay, same deal except instead of fifteen it's nineteen eight. We'll put our four point eight in there. So it's cash. You don't have to worry about that. You've still got the same position. If it goes over nineteen eight, you've still got the worry with Worsham that you had if it went over fifteen before we got into this. Mr. Plummer: No, sir. Mr. Harris: Oh, yes. That's logically correct. Mr. Plummer: No, sir. It's not. I am holding for the fifteen and that's what I sold the bonds on. Mr. Harris: Pardon me. You can vote no, but the logic is irrefuteable that they're identical propositions at two different levels. There's no question about that. Mr. Plummer: Mr. Harris, if it goes to twenty million (20,000,Q00), that's not my concern, sir. It's Dade Federals. Mr. Harris: I'm afraid you don't understand the present situation, Mr. Plummer. If it goes over fifteen million (15,000,000) right now, Worsham has to come out of pocket with that money to make it good. Mr. Plummer: That is correct. Mr. Harris: If it goes over nineteen point eight (19.8) he has to come out of pocket to make it good. That's all. Same exact position. You're just at a different level because we have a new design. Mr. Plummer: Has this agreement been run by the University of Miami? 135 ist NOV 2 6 mo k 0 Mr. Fosmoen: The change in the agreement? Mr. Plummer: 'They're part and parcel of this whole agreement, and it was my understanding that any changes -of agreement had to be with their having the right of approval. "ir. Fc. •mc rr : ::t is is for the oar -king garage, not for the center. This only r_lates tci the parking, garage. This does not affect the Convention Gen'.er. . fir. Plummer: But it does affect their commitment in that parking garage. Mr. Worsham: (idly the completion date, J. L., and the completion date duesn', change. Mr. Fusmoen: They don't_ have any money in the parking garage, Commissioner. -r. Plummer: Let me tell :ou something, you ail do what you want. I would feci a lot more comfortable that if in effect the thing did not come in in )4.6 that it's a light between. Dade Federal and Worsham, not our fight with Worsham. Mr. Harris: It is. That's what we've been saying. Mr. Plurrner: But you're putting the money into escrow for us into trustee. Mr. Harris: Because your bond indenture requires it. _ Mr. Pi.um;ner: You're s::vin�,, to me, ur Mr. Harris said to me that if I argue ncw, if my argument is presently without any change is with Mr. Worsham on t'ie fifteen million (15,000,000), the same applies to the nineteen eight (iy.�). Mr. l.arris: That's-orrect. Mr. Plummer: I don't buy that. It should be between the two of you because your benefit... Mr. :;urrLs: You're the one who wants to change the way the ballgame works. The ballgame right now works that if Worsham doesn't deliver at fifteen million (15,000,000) that parking garage, he's responsible for the overage. If he doesn't deliver at nineteen eight under the revised plans, he's responsible for the overage...... "lr. Lid .�r_:l:xcuse r;e. Le,l me try an analogy. Because you have a three hundred thousand dollar (S300,000) contingency which has been a subject of discussion. okay. Let's presame that the City gives a change order to change something and 11,1r. Worsham comes back and says that's going to ccst one hundred thousand dollars ($100,000). All right. You would then modify the contract, increase the price by, or reduce the contingency, one tar the other, by the hundred thousand dollars. Our lease gives us the right to request changes. Mr. Ylunurer: Request, correct. Mr. Liptun: Right. 're are requesting the change, asa change- order to �:orsrian.,'s contract. It is not for one hundred thousand dollars, it's for four million eight (4,800,000). Okay? And because of the bond indenture, the construction contract must be placed with the trustee so we are forced to come up with the money at the beginning to meet the requirements of the bond contract. So you have the contract with Mr. Wor-sham guaranteeing to build the garage for Tiftcen million doiiars ($15,000,000) plus the four million.. four point eight million dollar ($4,800,000) change order, ana you have the nineteen eight in hand. So wf;ether it was a fifty thousand dollar change order or a four million eight change order, it does not affect Worsham's responsibility to complete the garage. That's what we're trying to say. 136 1st NOV 2 61980 4 0 Mr. Martin Fine: May I just echo Mr. Lipton's sentiments and as counsel for Mr. Worsham, say that nothing herein contained or being asked for changes his obligation to deliver as if he just had that fifteen million dollar garage. Mr. Plummer: Except a greater obligation. = Mr. Fine: But that's out of his pocket. It is, frankly, as if you all didn't have any discussion regarding Dade Savings. Mr. Harris If I might, J. L. I think you'd be interested to know that the margin between what it was going to take to build the fifteen million dollar garage, hard cost, is a greater margin between what it now bid on what it is between the now bid and the nineteen eight. There's more dollar difference. Mr. Plummer: It's a third larger. Mr. Lipton: No, no. There's more of a contingency... Mr. Plummer: Nobody's told me anything. Where is it? Mr. Harris: ...against the overage. Well you asked a question and you were told that the bid by Hyman was in the range of fifteen eight for a nineteen eight garage. Four million dollars ($4,000,000) of differential available. There was never four million dollars of differential available on the fifteen million dollar garage. Mr. Plummer: What is the contingency reserve on the nineteen eight? Its got to be more than it was on the fifteen. Mr. Harris Kverti•thing between the actual bid by Hyman on what we're talking about and on the upset price. Human's at fifteen eight, the upset price is nineteen eight. There's four million dollars ($4,000,000) of guarantee _ to the Citv. Somebody is got to make a four million cumulative error before you ever have to look at Worsham. You had nowhere near a four million dollar cushion when you were looking at the fifteen million dollar garage. If that's what your real concern is. Mr. Plummer: Sure, that's part of it. Mr. Harris Okay. Mr. Lipton: The direct contract with Hyman currently has a one point seven million dollar ($1,700,000) contingency because we are entering into a contract with Hyman prior to completion of documents that they can get bids on so they have estimated the cost. And they have estimated the cost with what we feel is an extremely high cushion. Mr. Worsham's prior contract was much tighter so there is a substantial amount of room. But we have Hyman's bonded contract that they will complete the garage ... I believe Hyman's number is 16.2 There's some allowances. So for 16.2 we have a bonded contract that they will complete the garage. And the one that you'll be looking to will. not be Mr. Worsham and will not be Dade Savings, it will be George Hyman's Corporation insurance carrier because everything is covered in the contract. _ Mr. Lacasa: To put it in very simple terms, what we are faced with here is one, we will have same date of completion, and at least the very same number of parking spaces. Second, whatever price differential might exist will not be the responsibility of the City of Miami. It will be put out by you. Mr. Harris: Correct. Mr. Lacasa: So those... Mr. Plummer: By who? 137 ist NOV 2 61980 A Mr. Lipton: By Worsham and Dade. Mr. Lacasa: By Dade and by Worsham through whatever deal he has with him. So the situation, the responsibility that you have towards us which is a cerrnJn date of rr,�leticna certain number of parking spaces, plus the tact Xcr are only responsible up to fifteen point two or whatever it is. M,. Plummer: .vo, fifteen. Mr. Lacasa: Fif.een? That is it. The balance is at your option because you choose to have a different design and you're going to pay for it. Mr. Kl i,=er: k'hat is the... Mr. Lacasa: Is that basically what it is? Mr. Lipton: Yes. But *ir. Lacasa, in addition to that, we have a bonded cOntr.act b,idranteeing the hard cost portion so that we have George Hyman behind it and we also have their insurance carrier behind it. Mr. Plut,=er: ti'hat ib the new contingency fund based upcn, nineteen eight, that the City is reserving unto itself. Mr. Lipton: Unchanged. Mr. Plummer: It's still three hundred thousand? Mr. Lipton: That has been a subject of argument, but whatever it is it's unchanged. Mr. Piu=ier: Ch no. You are increGsing the scope of the contract by thirty-three_ percent (3K.) and you're going to say the same contingency? No wuy. 1,-. Lipton: 3, no. The contli. en,_.; we're ...the three hundred thousand (300,0001) contingency is fcr City changes, requested changes. It's not for completion. Tie completion cortract is fixed. It's a question as to whether the three hundred thousand was as Mr. Worshaa, indicated, part of the fifteen mill -Ion or whether it was a separate item. So it really is now fourteen seven million dollar (14,700,000) contract, not fifteen mullion (15,000,000). And I'm not involved with that but I think it's been agreed to. Mr. Flu:mner: Well, I'm telling you that the contingency fund just normally would have to be increased. Mr. Harris: No, no. Contingency funds are normally budgeted in by the contractor. I'm sure that Hyman in budgeting at his fifteen eight, has a much larger contingency than did whoever bid the contract for the smaller garage. Mr. Plummer: What is reserved unto the City? Mr. Harris: No, it's the contract. Contingency, J. L., contingency funds are something a contrtactor in submitting his bid says this is what I've costed out at, and at the bottom I've decided, because I can't figure everything to the penny, this is what I'll put in for contingency. Mr. Plummer: Mr. Fosmoen... Mr. Fosmoen: Contingency fund for the City, that the City would have sign -off approval on would remain as it is, three hundred thousand dollars ($300,000). Mr. Plummer: You agree with that? Mr. Fosmoen: Yes, sir. 138 is` Nov 2 6 -- Mr. Plummer: You don't think the City is in a less advantageous position? Mr. Fosmoen: No, sir. Mr. Plummer: Mr. Fine wanted to speak. Mr. Fine: Your changes to the garage that may be desired would be no different under one garage or the other garage, and that's what the three hundred thousand is for. Is changes which the City at its own instigation wishes to cause to be made. And they would be no different in one design versus the other design, in our opinion. - Mayor Ferre: All right, Father Gibson. Father Gibson: Mr. Fine, you started to ask, no, no. Mr. Fine: For the record, I think J. L., I remember very clearly you asked that certain items all relating to security were available when you first passed the contract. You raised that question several times. The answer now is, as it was then, that three hundred thousand is available to the City, was available, is available, and will be available under the former contract, and if you approve it, in this revised contract. It doesn't change that at all. And frankly I think the confusion comes in, that is not a contingency as contingencies are generally referred to in construction contracts. It is a fund the City has available to call on to increase the security in the garage. Mayor Ferre: Father Gibson. Father Gibson: I want to ask a question, not quite as taxing as yours. I remember as we went through all this process I happen to have been the one guy who insisted that 1 was concerned about harmonizing rather than constrasting the architectural design. That was one thing. The second thing was that when we first started out, there was a contract written between a certain architect in place. What disturbs me now is that architect in person, isn't here. And if he... Mayor Ferre: His partner is here. Father Gibson: Well, well look, I'm gong to give it... UNIDENTIFIED SPEAKER: I can speak for Mr. Candella. Father Gibson: I'm going to give you a chance to tell me why Candella is not here now. You know, I understand the game now. I understand. And when were dealing, part of our dealing was, so as to have continuity and consistency, was that the a local architect, who was Candella, would be part and parcel of any and all changes. Now, is that the way it is? Mr. Jim Armstrong: Yes, sir, Commissioner Gibson. My name is Jim Armstrong. I'm a Vice President of Ferandino, Grafton, Spillis, and Candela, and I'm the project manager for both schemes on this project. And today we reached agreement on one of the two considerations that vere important, that I know Mr. Candela discussed with you. About: the two conditions under which we would be agreeable to this change in the contract. And that is that we would be guaranteed that we would be paid for all of our fees and expenses to date on the so called tract 1 scheme which -was the design that went ahead while the rest of these negotiations continueri. The other consideration that was very important to us was the one that you have just raised that we would be a party to and a vary strong party to any outcome of this situation. We have very firm assurances from Mr. I. M. Pei himself, his partner Eason Leonard who handles most of their contractual obligations, and from Mr. Harold Fredenberg who has appeared here before you with that scheme before, who is their partner in charge of this project. We have firm agreements with them that we will have a very substantial participation in the work of the project and in the fee on the project. Not only the garage, but also the tower that is to go on top of it. Father Gibson: Let me... 139 Ut Nov 2 61980 44 0 Mayor Ferre: Let me ask you this question... Father, if I may, on this. You have an agreement which you signed in March. I think it was March. Between Pei... Mr. Armstrong: The ag r.l,ent with Miami Center... .,'ayor Terre: ...between your f rn, and Pei. X, . Armstrong: 0h yes, right. Mayor Terre: Now, that I would iriagine is a binding agreement. .Armstrong. it was never a formal contract per se... .1ayor Ferre: No, I know. fir. Armstrong: ...there was an exchange of letters which would be, I think, in a court of law a binding agreement. 'u yor Ferre: That's the basis of what you're doing now. I ir. Armstrong: Yes. And Mr. Pei has within the last two weeks, by telephone, with Hilario Candela, has confirmed that that agreement is still in force. Mayor Ferro: Is your firm, your firm, satisfied at this stage of the game W11 i t:+ie :i2 iC,. 1,',reement, as it sands, a telephone conversation, the exchjnge of letter,, and the forthcoming agreement on how the work is going to be distributed, lees and otherwise. Mr. Armstrong: We are in full agreement with the 1. M. Pei office on that issue. Father Gibson.: All right, let me sav_ this. I hear what you say. You heard what I bail e-rliei about some, other instances, don't you? Mr. Armstrong: Yes. Yes, I heard you. Father Cibson: I haven't changed at all. I haven't changed at all. If you all are so lovey dovey, sign your agreement and bring it right here and now. Mr. Plummer: In other words, what he's saying is, we, the Commission, who have already agreed to a contract with Worsham which included you, want to see in writing that your firm at no time will sue the City of Miami, that's all we can protect, un"'er a change of contractual agreement. Here's what could happen. Okay? Let's put it right up on top of the table. :our firm says, hey wait a minute, City. You approved a contract which included us. And we are not now the architects. We're reduced in our scope to whatever it may be. You file a law suit, you delay our garage. think Lids City is entitled to make certain that the firm of Candela... Mr. Jim AriLGtr;:�t,: This is the agreement that was reached this afternoon with Miami Canter Associates which incorporate references to the agreements with... Mr. Piunumer; I'll have to read it. Nobody has seen this. Mr. Fine: . Mr. Plummer, can I make an observation, sir? Your City Attorney is here and he can advise you, but I suspect that in your ...in the good conscious of the Commission to see to it that a local firm, and ri nine firm is part of this, you may be opening youself up to soa,ething yku don't want to do. By that I mean the contract between the architect is between that firm and Miami Center Associates. The City is not a party to it. Mr. Plummer: Oh, you're wrong. This City agreed... Mr. Fine: No, no... 140 ist NOV 2 61980 6 0 Mr. Plummer: ...we are agreeing to it, and as such, this firm had every right to walk away from that meeting secure in the fact that they are the architects of record for Mr. Worsham. Mr. Fine: No, I don't think so. What I think... Mayor Ferre: I just can't believe what is going on. I must say it. I'm sorry. It will probably just blow this whole thing ... I must say it. You know, Marie told me, calm down. I just ... I'm going to have to say it. Father Gibson: Mr. Mayor, I want you to calm down to because we...look, have no light, I'm going to sate this for the record. I have no light to guide my future but the light of the past. You know. I have no light. Mayor Ferre: I just think that we have to understand and put into perspective what the hell this is all about. We are building a Convention/Conference Center which is under construction. We have under contract an agreement to build a garage. That contract is underway. In the meantime, we also have an obligation to build air rights. These people, on their own, by themselves, have come to an agreement. They are willing to pay for all of the changes. There is no jeopardy to time. Hyman is willing to bond the thing, the architects come to an agreement, a principal representing an architectural firm comes here and says it. We're talking about perhaps the most important building under construction in the City that will be constructed in the City of Miami. We're about to jeopardize this thing. I don't really think that we really understand what the hell is going on. With all due respects to my colleague. If you want to kill this project, let's do it. I'm ready to kill it. Let's go. Father Gibson: Mr. Mayor, I don't agree with you. I have a right to be educated. I. have a right to get knowledge and I happen to be one of the few up here, I am not going to vote ignorantly. Mr. Plummer: Well let me just... Father Gibson: Wait a minute. I said earlier, and I'm not going to get one dog gone inch away from this. I have bitten before and I want you to know what I did today. I came here with the express purpose, got up out of a sick bed to make sure that the contracts are signed. Okay? Mr. Plummer: For the record, this letter which is a very important part of this document was just handed to me. And I defy any other member of this Commission to say they've seen it. Yet this is a very important document. And I want to tell you something. You boys do what you want I'm not ready to vote. Mayor Ferre: Fine. Hey, let's cancel the whole thing. Forget it, go home. Father Gibson: Oh yeah, let's cancel it then. I don't mind. Look... Mr. Fine: Father Gibson, may I speak? Father Gibson: We can go on and build the garage the way we have already started. Mr. Plummer: You want the motion. Call the rest of them. Let's get it. The Mayor wants it cancelled. Let's cancel it. (INAUDIBLE COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: No, I would like a copy of it. I haven't even had time to read it. (INAUDIBLE COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) 141 tag NOV 2 � 1ono0 4i 0 Mr. Plummer: Hey, I understand. Father Gibson: And let me say, you say it just got done this afternoon... Mr. Plummer: But here is a document that they're asking me to vote on but I had to get it out of his pocket. Father Gibson: ...wc=i.t a minute. Let me say this for the record. This was just done this afternoon, I'm going to put in the record, I told the Manager and the Manager sent me a letter too. And when lie. ..I wasn't there, he as:ed my assistant. And r.*,y assistants respon-e was whether or _ not I was satistied. And These are her words to him, "Father wants a contract". Mr. -Plummer: They're going to give you want you want, okay? - Father Gibson: Father wants the contract. And you know, even if he had given me this before tonighit, I might have felt better or different. Let me tell you so ycu don't knew. I don't need nobody coming here crying to me later on because they were done in. (INAliDIBLE C0.^i ?:'C PL,,CED OUTSIDE 01 TriE PULLIC RECORD). Father Gibson: Well, I want to make clogone sure. I've been burned one time, twice and I don't flan to be burned any more. Okay. (INAUDIBLE C01%LMENT PI -ACED OLTSIDIE OF THE PUBLIC RECORD) Father Gibson: No. The only way 1 know I'm not buried is put it in black and white. 31ack and white don't lie. Liars put it in black and white. Mr. Pluar&r: A1.1 r ;ht, craw uN the resolution, Mr. Knox. Draw it up. key, the May;Dr wantf to c,ncel it I have no problem. Let's start from E,round zero. Let's just do what the man wants. I'm in accord. Okay? Mr. Fine: Father Gibson, may I respond... Mr. Plummer: Draw up tltc resolution. Mayor Ferre: Look, Plummer, you've been against this project from the ver., beginning. Yu want to kill this project man? You go ahead and de it right now and do it out in the open. Mr. Plum iur. Mr. Mayor, I '.wive never tried to kill this_ project. But I am not going to sit here and let anybody ramrod. Now by God, when documents are sitting in people's pockets and they won't give them to me :s a Conunissioner and thev're asking me to vote, baby, let me tell you something. It needs to be. killed. Paul Andrews said if it can't stand the airing of the public, then let's kill it. And you want it killed? Write the resolution right now. Go on, write it. Mayor Ferre: Big macho. Mr. Plummer: Big macho? No, you asked for it. You said let's kill it right now and I'm going to comply with your request. Mayor Ferre: Go ahead, Plummer. Have your day. Kill the project. Mr. Plummer: hey, I want to get the document straight. I want to get a two hundred million dollar ($200,000,000) project in order and I want to be satisfies as well as I think what Father wants. Mayer Ferre:: %11 right, Mr. sine. And then we're going to take a recess and then draw up all the resolutions you want. Mr. Plummer: A simple resolution. Cancel Mr. Fine: Well, for the record, my name is Martin Fine and I represent 142 ist N O V Z 0 1980 Mr. Fine (continued): Mr. Worsham and his various companies. I want to respond, if I may Father, to your particular concern. The reason, and also to J. L., the reason this document wasn't furnished to the City is because the City is not a party to it. It is a contract between Mr. Worsham and Miami Center Associates, and 'Ferendino as an architectural firm. It is not hidden from the City, being withheld from the City or in any manner having the City sign it. It's not asked to approve it today. It's not before the City. Now frankly, Father, what I think has happened, in your genuine concern to make siire that that firm was, is, and will be a part of the on -going process, you wanted to make sure the parties were together. You've been told, and the Commission has been told by that firm that the parties are together. I'm must say, I think we're out of kilter. We're not talking about asking the Commission to approve this contract. Father Gibson: No, no. no. Mr. Plummer: Mr. Fine, let me tell you something. You've got a short memory. Mr. Fine: No. Mr. Plummer: This man begged those people to get together at the previous _ meeting. No, they wouldn't do it. They took a hard and fast stand and made this Commission take some hard decisions. This Commission made the decision. Okay? We made the decision. Now how in the hell this _ thing got back on an agenda after this Commission by its vote set its policy, I don't know. Mr. Fine: I'll be glad to try and answer it. Mr. Plummer: Hey, I think we're superfluous at this point. I really do. I'm ready to comply with the Mayor's request, Mayor Ferre: Air. Fine, if you would please. You are recognized. Mr. Fine: Sure. It is my recollection, very clearly, that there were two garage designs that were placed before the Commission. The Commission decided on one. Dade Savings, under its contract had a right to come back as did Aliami Center, and ask for a revision. That's why there are here today. I must tell you, this is relatively simple to me. The architect is in place, the garage is in place, the hotel is in place, the Convention Center is in place, the University of Miami is in place, I don't understand where the confusion is. Father Gibson: Mr. Fine, I'm not a lawyer... Mr. Fine: But you went to law shcool for a year. Father Gibson: Right. And let me tell you this. Thank God that I did go. Okay? It has helped me in church, and it has helped me out of church. Okay? Whether the contract is between the City and the architecural firm, or whether the contract is between the architectural firm and the other company is not the point I'm making. We instructed, we insisted that the contract be drawn and made. Somebody thought they didn't have to show it to us. Let me tell you, Air. Fine, what you don't know. They weren't about to get that dog gone contract until I let it be known that no contract isn't going to be voted for by Gibson. Now,_ian't it significant and strange,all this time, all these weeks, you finally came to an agreement this afternoon. Not you, I'm talking about the architectural firm. Okay. Now, if that is the case, why didn't they make knowing this nigger was going to be up here saying what he was saying, why didn't you all make it known to me. Why didn't you show me. Mayor Ferre: That part I agree with. Mr. Fine: Well except that I think in all good conscious, the parties are trying to avoid placing the City in position where they could have a a direct contractual relationship. 143 ' ist NOV 2 61980 Mayor Ferre: But listen, but listen, Marty. 4.'hen I talk ... I forget who it was that I talked to, one of you, I called Candcla yesterday and I said, look I understand that Father Gibson ... not yeFterdav, Monday. I understand Father Gibson has some concerns. If ycu want this project to go on, then you solve this problem %;,,d he said he was �.,,oing to do it. Now if he hasn't clone it — Mr. Time: He h<ks done it. Its been solved. (INAUDIBLE BACKC WUND CO�LXENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Father Gibson (loesn't think so. :yfr. N3 -is: kel:L you're not making yourself clear, pal. You represent that firm. You ou,;; to get up here and tell them you're not going to sue the;. for one t1hini;. Mr. :'Anderson: I can't stand here ind :rake a statement like that because I auZ not � principle i:i the firm that I can do that. (INALDl ],E C011,2\1•:NT PLACID Oi TSIDE OF THI: Pl:cLIC RECORD) Mr. Julie Gabriel: My name is Julio Gabriel. I'm a Vice President with Ferendino,,rafton, Spillis, Candela, Director of ti;e Architectural of the firm. A partner of Mr. Csnccia. I've been talking with Mr. Candela this morning, and I want to reassure this Coiranissicn, thr:t this firm, Ferendino,,;rafton, Spillis: ;:d Candcla is in con,plutc agreement with Miami Cent-tr As ociates, is in complete agreement with I. M. Pei anu` partners, will psriAc.ipaLe in th c.,_s -z;n and production of the drawings for the parking garage and thc_ tower. And that all its 0b1iz,,1ti0".s, contractual obligations wit:, x-1-ai7J- l,('nter Associates an(,'1. M. Pei ano part:,erS, we feel very cc::fortatie wit':, ._rc ir, fa21 agreement, and will not provide any pressure on tiic Father Gibson: i.et Me to you, sir. I do:�'' t} ink you understand what I'm saying. You know, the ;•,ayor says if vcu want me to tango, you've got to ask me. You Know you don't �;et out there wanting to tango and then _ thin: I':, coming; out ti c:c to tangy o. You know' I am too old and I think too knowledgeable and sr: -,art to be le6 around like a cow you know, with something in my nose. I expressed a concern that this be written. Don't _ you all think that somebody should 'nave had the decency and the courtesy to tell me... Mayor Terre: Absolutely. Father Gibson: ......and to show me that it was written? Mr. Gabriel: I agree and we apologize profusely, for causing all this inconvenience. Mayor Ferre: It isn't_ that you weren't warned about it. I called Candela personally and said, look before Wi'ednesdav, make sure that ... if you want ti-,ib project to go, there is a problem and it has to be taken card. of. Mr. Gabriel: I understand that. Mr. Candela expressed it to me. I asked our )ffice to piei:se inform Father Gibson, by telephone, -this afternoon: that we had agreed with I, M. Pei and partners, Miami Center Associates, and everything was correct. I apologize if the message did not get to Father Gibson. Mr. Lip:oii: Can i mane cne co..anent, please, to get it in perspective. kfhen Dade savinj;s came into the project, we came into the project with o project that was being designed by 1. M. Pei. 'we have gotten into a situation whert we had multiple parties. We had MUltiple architects, multiple everything. tit the last Co=ission meeting, we couldn't, we were not. together. Between that Co=,ission meeting and this Commssion meeting, every party that has ever been involved to my knowledge, in this project is a part of it. And we have resolved it with everybody. If I might make a suggestion so that we can proceed with this, the documentation 144 NOV 2 61980 Mr. Harris (continued): has not been completed on all of this stuff. Our contract has been completed. All right? But until we get Commission approval, we can't execute all the contracts with all the people involved. And if we can get approval with an executed contract with the architects, the contractor, and everybody, all. tight, then you'll have all that documentation prior to the completion of that process if you allow us to go forward with it. Mayor Ferre: Well what's your recommendation? Where do we go? And what's the will. of this Commission so we can move along. Fathter Gibson: Well let me say, Mr. Lipton, I. respect you, sir and I respect Mr. Marshall. Martin is one of the best friends I have in this town. Maybe I shouldn't have said that and put it in the record. But anyway, all I'm trying to do, look gentlemen, I would be just as determined if you were Candela. I happen to believe... my life is my word is my bond. When tell a man that I'm going; to do a thing, contract or no contract, let me tell this story s,, you know how I....what I'm like. I was building a house and my electrician who does the work for the Church didn't have time to bid. He said well it will take me another three or four weeks before I can bid. These were my words to him. You are my friend. You wire my house as if it were your house. And until you are satisfied that this house is properly wired, it is not my house. He said, you mean to tell me you're willing to let me wort; just so? I said yes because in dealing with you you've been honorable. I'm saying to you, not your Mr. Lipton, the rest... have seen where we have agreed and it didn't turn out. That's why I wanted it writing. I had a previous experience. Okay? Mayor Ferre: Can 1 recommend that we take a break. Anybody want to say anything else. Mr. Plummer: No, I just. ..you know, the whole point I've been fighting, if I had read the merio a little closer because the memo says exactly what I'm trying to say. Let me read it to ,you. It says, "It is estimated that the Pei garage will cost around", I'm uncomfortable with the word around, "nineteen million eight hundred thousand dollars ($19,800,000). All cost over the fifteen million dollars ($15,000,000) authorized by the City will be paid for by Dade Savings and Loan. " No figure, no figure is included in that. (INAUDIBLE COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Well you see, that's that point. The point I'm trying to tell you is that anything over the fifteen million is not the City's obligation and it's not Worsham's. If Worsham wants to assume that, that's fine on his part. Mr. Fosmoen: He has. Mr. Lipton: Mr. Plummer, the bond indenture did not allow us to follow that procedure. Mr. Plummer: Well you see, had that been the case... Mr. Harris- Mr. Plummer, you have had in your package a document that has spelled this matter out completely, that has said that evdrything over the nineteen point eight (19.8) is agreed to as being MCAINC's obligation. That... Mr. Plummer: Who is M-C-I-C-A. Mr. Harris: M-C-A-I-N-C, Miami Center Associates, Inc. The person that you have a Turnkey contract agreement with Mr. Plummer: I have such a letter of that? Mr. Harris: You have it, you have had it in your kit. It was delivered to you on Friday. 145 NOV 2 s 1980 itst R Mr. Fosmoen: No, that was delivered this morning. Mr. Harris: I'm sorry. My letter was delivered to the City, to that effect, was delivered to the City on Friday. Mr. Plur.;::ter: we1', <<11 I can tell vci; 'Ar. Harris is, I didn't even look at this that was ueli%'Ored this morning. And I'm going to be truthful witi-j you. First of all. you`re not aware that they woke me up at one o'clock in the m rning to brini, me this one. As if I was going to stay up all night and read it. Oitay? Second of all, they came with the i irst supple ie.ntal Monday. Okay? And I tried and endeavored to read all of that. I can't read it all. Mr. Harris: J.L., all I've said, and it's the same thing, the documentation bears me out completely. You are in exactly the same position now as you were with tl1e fifteen million dollar ($15,000,000) contract. If Worsham cannot produce the garage for fifteen million dollars ($15,000,000) be pays the excess..... Mr. Piurnrier: And if goes broke... Mr. h arris: If can't produce the new one for nineteen eight (19.8), he pays the excess. Mr. Plu;amer: All right. Is there a bond to that? Harris: T;lere is a bond that the Hyman contract, I can't speak with authority on the contract that Worsham would have had with his contractor on his smaller garage, Lhe less costly gara�-,e. But there is a bonded contract with layman. I even have a quote on the bond. I know what the bond cost. is. Mr. Plunu:�er: 'N%Tier.e is the letter from Worsham? Mine: There is that's part of the closing documents, that's part of tine bond documents. Mr. Plummer: Hold up, ?tarty. Where is the letter from Worsham? Mr. Fosmoen: Worsham will sign that letter. Mr. Plummer: lae has not. Mr. Harris: Pardon me, sir, if I might... Mr. Plummer: You said there was a letter from Worsham to that effect. Mr. Harris: No, no, no. I said there is a letter spelling that out. this docum`nt is a letter that is from us, Dade, to Miami Center Associates, Inc., and on the page it has accepted. We have worked that out all day today. There is no problem with it being signed. If the Commission... Mr. Plummer: He has signed it? Mr. Barris: Dade has signed it. We have tendered it to...it is sitting here ready to be tendered to him if the Commission approves the conditions that Dade has ir, our letter to Mr Fosmoen which you did have since last Friday. Then we will give that letter to Mr. Worsham and he will then sign it accepting it. And we will have a firm contract this evening on that point. Mayor Ferre: Plummer, let me begin by apologizing for losing my cool... Mr. Plummer: Mr. Mayor, you don't owe me any apology. Not at all. Mayor Ferre: Well, secondly, let's see, I don't want you to trunk that I'm trying to ramrod something. I'm not trying to ramrod because it means absolutely nothing to me, really. I'm just trying to get over this problem that we have and I'm trying to get on with this project. And so 146 Nov 26 1980 ist Mayor Ferre (continued): I really don't know where we're at. But one way or the other I think we either have to move or... Mr. Harris: Can I please summarize where we are just so everybody isn't confused. . Mr. Plummer: Let the make, Marshall, you do what you want. You know I'm only one vote up here. I would suggest, Mr. Mayor, that this matter be deferred until the end of the agenda. Okay? Or to a later time. ?n the interim, two things. One, the document from Candela firm be made a part of the record and agreed to, to give it to the City Attorney which is normal procedure, let him review it for its legal content as to the position of the City. Number two, that this letter, that Mr. Worsham is willing to so call sign, that he sign it, bid upon approval he.re.I am not going to let anyone, use or 14r. Worsham, or Dade Federal walk out of this room with an approval with all.1,arties not signing. So I would assume... Mayor Ferre: All right, now. We have a problem in all this and that is that Carollo has an anniversary tonight like you had yesterday, and he needs to be out of here: by nine. He already told me... Mr. Plummer.: Fine. Bring it back up at eight forty-five and give them that tiu,e... (INAUDIBLE BACKGR(1I'ND C0101ENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Worsham: In the presence of the City Commission, I'm signing. Mr. Plummer: All right, where's that other letter. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Carollo is going to get a divorce and you're going to be all responsible for it. (INAUDIBLIE BACKGRO(.'ND CO?DtENT PLACED OUTSIDE OF THE PUBLIC RECORD) Father Gibson: One thing you would learn from this meeting. There are some of us who are watching the store and a lot of fellows are going to understand that when we say we want you to sign your name you're going to sign it and don't come in here and promise us you're going to sign it. Mr. Worsham: I have no problem about signing it. Father Gibson: No, no. I don't mean you. I just want to make sure the news ... I should never forget that piece I read in the paper about Carter and Reagan. It was said in the paper tnat evidently the word got down from the top, and had to be from the top because of the smooth transition that was taking place in Washington. Whether you like Carter or not, Carter has lived up to the expectency of the Office of Presidency. And that he moved with grace. But he did let Reagan know that he was _vet the President. Let's check on that. That's right. Mr. Harris: By the way, I know this has become quite complex at this stage. There is a small complexity from our point of view and I'd just like to introduce a document, have it marked by the parties and identified by the Clerk because it is a vital document in accordance with -the letter from us, Dade, to Mr. Fosmoen which speaks to the amendment of the air rights lease as a consideration to Dade because the new garage gives an extra twelve thousand (12,000) square feet of space on the tenth (loth) floor level not necessary for parking which Dade wishes to reserve as its mechanical room. But because of the nature of the air rights lease since that space is below the platform level it is not a part that is available to us under our lease and a condition of our agreeing to pay the four point eight million dollars ($4,800,000) is that our air rights lease be amended so that that space, as identified on this set of plans, is ours under that lease as amended, and the City will execute whatever documents are appropriate, as will we, to modify and amend the lease to that effect. That is a condition of our letter, and it was in your kits, of course, for the five days. It's our letter to Mr. Fosmoen 1.4'7 iet NOV 6 i980 Mr. Harris (continued): which has not changed. Mr. Plummer: Let me ask a question of the representative of Candela. Whoever is speakin,; for the firm.' Sir, it is very obvious on this letter that Mr. 17andela si.,:I._u the letter, yet two different typewriters were used after U is .1t tter was written. Nr. ; ul io Gna ,ri e l : amen:imE .-It was added this afternoon. Mr. Pluuj.:er: heal tneru's o'n viously bcun two amendments, sir because there is two Other :vP2writers been used, Now, ;'ou are stating, for the record that these are agreements r,•ade with the full knowledge and approval of Mr. ande la. Mr. Gabriel: yes, sir. And at his direction, I might add. Mr. Piutuner: Ali right. Then explain to me in here, I. don't know what project C-006i is. Mr. Gabriel That is the project that our office designed solely. The one that was approved... Mr. Plummer: Is that to garage structure Mr. Gabriel Yes, sir. Mr. :�sbriel.: That's our in-house office number. Mr. Gabriel: That is the number we assigned to our contract under the Turnkey agreement with Miami Center Associates. Mr. iliui:,L,�er: I:i other words . . .Nr. Worsham, it is your understanding, sir, that a:-z�u :ing toda,,', Sovei;:n.er 2�, 119t:0, you wiii dive a cease work order to Candoia for -projCLC C-� 013,1 Mini: tnC\' ',;ill be paiG up to that work order? Mr. Vlcrsham: Yn,it's correct, "r. Plummer. And --!lays that the City Cn,rL':lission approves this tr: nsaction for the new plan. And I need } record, prClilarlfor itrt: gC' Ct ier Gibson, uric relative to this :lnisundtrstandinc because w,2 i7avE_ inad �, number of cenversaticns with Mr. Cande2ry relative to t ,iS C:niire transaction. And I think you will find that :;r. Candela will. tell you that M.1 mi Center Associates, Inc, and Furl v.orsham have at all tiles C enit :1onorably with him, protected hi_, interest in this project and have brought the parties to8ether. And t0 PC, 2s you laid, :ac icr, yr5ttr worC is your bond. ":nG that's very Very imporLanL. Now Mr. C_ancc_. di% want L.'7is to be r�5oivt=d and in writing today, and it is. Ana. I'm rea:fir-ring that ,,ituation that we will give the stop work order ont[':C traCL :�:� , LnC f ir5l" pl3ri, and the:: b1Ve a begin wort: order pursuant to .his agreement for their: to proceed with the new design provided the City Commission acts this evening. Mr. Piul;y,i�r: Ail right. :icw final question. Mr. Worsham, what huurantei-...it is my understundinb that the City Commission reserves the right of design. Mr. Worsham: I'm sorry, Mr. Plummer, I don't think I understand. Mr. Plummer: It is my understanding that this City Commission reserves the right of the design of the garage. Mr. Worsham. Tho approval of the design. Mr. Pluu"t;!r: The approval, surely. Mr. Worsham: Yes, sir. Mr. Piuiuner: Now, we approved another set of plans. When will the new plans be presented to us? ist 148 NOV 2 6 iggn 6 4 Mr. Harris: That was the next thing I was going to do, Commissioner. Mr. Plummer: I've not seen them. Has my professional seen them? Mr. Worsham: Mr. Grimm has seen them. Mr. Fosmoen: Yes, Vince has seen them and they have been referred to Conrad Associates for comment. And you will notice in your packet that there is a letter from Conrad Associates making several minor suggestions to those plans. Mr. Plummer: Have they been incorporated and agreed upon? Mr. Fosmoen: Commissioner, the suggestions are really so minor that they need not be agreed on prior to your approval of those general plans... approving the design concept. But it is such things as whether there is one or two reversing lanes for entrance and exit. Mr. Plummer: Minor. Okay. When will this Commission see the new design? Mr. Fine: If I might just say for the record, Mr. Warner who is, you know, does the physical construction, is responsible for it, relates to me, and I am to you on be half of Miami Center, that Mr. Grimm has seen them, reviewed them, and approved them. Mr. Plummer: Fine. But Mr. Grimm doesn't vote. I do. Mr. Fine: I'm just reporting to you because you had a statement before. Mr. Harris: That's why I suggested that these plans be identified by the City Clerk because these are the documents that we're talking about. Mayor Ferre: I think that's a good idea anyway. Mr. Plummer: Well, but I mean, can we, the Commission, see them? Mr. Fosmot-n, I will expect of you, sir, assuming that this Commission does this evening; pass this motion, that if nothing more, a matter of courtesy, all of this be exposed to the University of Miami who is a very important part of this total complex. I would... Mr. Fosmoen: I'd be happy to show the plans to the University, Commissioner. Of course, we would show the plans to the University of Miami. (INAUDIBLE BACKGROUND COMiMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: No, all as it relates to item 19(a). Where as this...I'm sorry... Father Gibson: Look, Theodore don't understand. You don't have no problem I want to make sure that we direct you all to give them a copy.... Mr. Fosmoen: I hear your direction. Father Gibson: ...or they won't be able to say later on that they didn't know, they hadn't seen it. Mr. Fosmoen: I hear your direction. Father Gibson: Okay. Good. Mr. Harris: Mr. Mayor, may I make a suggestion? Mayor Ferre: Yes, Mister... Mr. Harris: When you get to the point of a motion, if you do this evening, I would like the approval of the Commission to be subject to the conditions set forth in my letter to Mr. Fosmoen because that is the basis on which we tendered our offer in this circumstance. Mr. Plummer: Mr. Fosmoen, do you concur that that letter that they have surrendered, you are in accordance with? 149 ist NOV 2 61980 f Mr. Fosmoen: Yes, sir. There are several points that I would like to get on the record. I believe that they have been answered but I would like to perhaps have them answered again. First of all, the twelve thousand (12,000) square feet would not be on the ground floor. I would rather it be surplus space above. Mr. Harris: It is on the loth floor and it is designated clearly as storage area and another code name, and I'd like to identify that when everybody finishes looking at the plans, I'd like to identify that into the record so there will be no question about the surplus space that we are talking about. Mr. Plummer: And this surplus space in no way reduces the number of, parking spaces? Mr. Harris: No, it does not. Mr. Plummer: Okay. Mr. Fosmoen: Secondly, I would like, and I know it has been stated before, but again to get it on the record, the funds are to be deposited in an account agreeable to the trustee? Mr. Harris: That is correct. And we understand that that account will be at Dade, as an investment. In other words, the funds will physically be deposited there but they'll be the trustees funds, of course. Mr. Plummer: And the interest therein derived from. Mr. Harris: No, there is no interest to be derived there from, under this at all. This money is last money used under the bond indenture, and therefore, it is being put up only because your bond indenture requires it. Normally, we would be able to do any number of other things, to do it and not have the money up at all. But since your bond indenture requires it, we feel it is not fair to pay, in addition to having to put up the four point eight million (4,800,000) to have to pay for the privilege of putting up the four point eight million to the City. Mr. Fosmoen: And that bills would be paid on a pro rata basis? Mr. Harris: No last monies is what your bond indenture requires. So tht we would do it whatever way your counsel says. We have no problem on that at all. Mayor Ferre: Okay, what else have you got? Mr. Harris: I would just like, Mr. Mayor, to identify for the record, if I could have the plans back. Father Gibson: See, you could have avoided us getting our pressure up. I move. Mr. Harris: Just a second. If I might, before that is done, Father Gibson, would like to indicate that the twelve thousand (12,000) square feet of space is located in accordance with the plans that have been tendered to the City Clerk, at car park level 10, on pages A9 and A9A,and are the areas marked as building storage and HVAC. Mayor Ferre: All right, there is a motion by Father Gibson. Is there a second? Second by Lacasa. Mr. Plummer: Included in that motion, Marshall, that the letter from Candela and Associates is part of the agreement, and that the letter of Dade Federal is a part of the new agreement. Mr. Harris: They're all submitted to the City. As long as we have no liability to the Candela, on pay, that's their contractual relationship. Mayor Ferre: Okay, further statements? Discussion? Call the roll. 150 -- .NOV 2 6 3W 4 4 The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 80-856 A RESOLUTION AUTHORIZING THE CITY MANAGER TO _ INCREASE THE SCOPE OF THE TURNKEY CONTRACT FOR THE CONVENTION CENTER PARKING GARAGE BETUEEN THE CITY OF MIAMI AND MIAMI ASSOCIATES, INC. IN THE AMOUNT OF $4,800,000, SUBJECT TO THE TERMS AND CONDITIOJS SET FORTH IN THE ATTACHED LETTERS FROM DADE SAVINGS AND LOAN AND MIAMI CENTER ASSOCIATES, INC. WITH THE REQUIREMENT THAT SAID FUNDS BE PROVIDED BY DADE SAVINGS AND LOAN AND DEPOSITED WITH THE PAN AMERICAN BANK IN ACCORDANCE WITH THE APPLICABLE TRUST INDENTURE PROVISION; FURTHER AUTHORIZING THE SUBSTITUTION OF A DESIGN PLAN FOR THE CONVENTION CENTER GARAGE BY I. M. PEI, ARCHITECT, FOR THE PREVIOUSLY APPROVED DESIGN PLAN OF FERENDINO/GRAFTON/SPILLIS/ CANDELA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None FOLLOWING ROLL CALL: .JLW.& Auv Z 1980 Mr. Marty Fine: Mr. Mayor, I dust ;,ant to apologize, I ti_ii..; I could have helped avoid a 'lot of the Cii`ficulty, I thi:ii: '+:E w ti,l CQiLIiSSiOn an apology and we'll. see that it doesn't happen again. Mayor Ferre: Okay. Mr. Plummer: Mr. Fine, you never owe this Commission an apologies as far as I'm conc:erned. The Mayo'.: doesn't Uwe: c;ne , 7 think w,. each fight for what we think is ri,rht and I would always hope that that would continue to exist among t`.:is Mr. Ca:oli(.-): Tha'.-'s what I keel. trying to Zell you ,:uys, P'lw;L;aur, but you .on't :?ar all the. ti:^e. UNTDENTIFIED SP':AKtR: Mr. Mayor, if I could request of the City Cltrk that he :identify each ;Z the pages of that and then furnish -me with a copy show- ing his identification mark .so I may attach that as the exhibit to the var- ious documents that are now a part of this. Mayor rE'rr All ric�nt. 3?. ALLO-A-E ADDITIONAL FUNDS N.T.E. S200,300 FERENDINO, (-_-R,'•.F-10N, SPIL.LIS, CANDELA, ARCH1 TECTS--ENGINEERS- PL ;,NNERS - C0NVEtiT i 0'v CENTER. did}'" F':r'_ � . t`:C ' _ t. Gi: 1 :.em t20. Is there a .motion Gn that- Moved by Lacasa. is i:.he' C :? seco:.d'.- ;r. Tell me what it is, I'll second it for purposes of asking. Mayor Ferre: It's an additional $200,000.... tar. rc,sr;ae:: It's an increase ir. the scope of the contract. The contract .�roviceu for the work ;st zhc_- moneys were Never provided. IIr. ?l:.-aner: This is to exceed, not to exceed. exceed. - is f(-.s technical work on the plans and speci- fications for the Conv`r.t,.or. Center. we've shifted across the expressway now to the-_,:;n%: ration Center. This does not relate to the parking garage. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-657 A RESOLUTION ALLOCATING ADDITIONAL FUNDS NOT TO EXCEED $200,000 UNDER THE EXISTING CONTRACT FOR PROFESSIONA SER- VICES WITH THE. FIRM OF FEriL-NDIN0, SPILLIS, CANDELA, ARCHITECTS, ENGINEERS, PT.ANN'ER , FC•R THE CITY OF V..IAMI UNIVE-REITY CF M1.7",Ml JA:'F..S L. K:'�IGH INTER.NATIONA:. CENTER TO PROVIDE FOR -,F_A.NGES IN THE R'ORY ON THE BASIS OF A MULTI- PLE OF' DIRECT TTCHNI:C=_l. FROM THE CG`'�7ENTION CENTER CONSTRUCT10:. A.C"GJNi E :: i.:.iSi:c FKOM THE SALE 01, $60,000,000 IN CO1;1.,7NT10N CIEINTE'R A.ND PARKING GARAGE REVENUE BONDS. (Here fellows body of fescl.utio::, omitted here and on' -file in the Office of the City Cleric.) Upon being seconded by Commissio-.er Plu mer the resolution was passed &nd adopted by the following vote - AYES: Co,%mis•sioi:er Joe Carollo *NOTE: Although Comirnit,sior`r Armando Lacasa absent on roll Commissicner J. L. Plummer, Jr. call, expressed the Vice -Mayor ;kuv.) Theodore R. Gibsor.* desire to be shown Mayor Maurice A. Ferre as voting afiir,riatively on this item. NOES: None. 152 Nov 2 v ���13 6 38. NEGOTIATE a^1EidPMLtJT; E IST1�IG AGR Et1ENT - FEi:ENDI'I�, GF.AFTON, SP 1 LL I CAN(1I-A - DES I GN OF ; NTEP I OR SPACES - CONVENT I Oh CEhJTFP, . Mr. Plummer.: Was this put out. for competitive bi.ddinq? Mr. Fosmoen: It is provided for in tl-,e existing agrf-2ement. Mr. Plummer: That Candela has the sole right. to do such? Mr. Fosmoen: He has the design services Mayor Ferre: Roth inside and outside, they got the contract as I recall, both inside and outside. Mr. P1ummQr: Okay. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-858 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AMENDMENT OF THE EXISTING CONTRACT FOR PROFESSIONAL SERVICES WITH THE FIRM OF FERENDINO, GRAFTON, SPILLIS, CANDELA ARCHITECTS, ENGINEERS, PLANNERS, CALLING FOR THE PLANNING AND DESIGN OF INTERIOR ARCHITECTURAL SPACES AT THE CITY OF MIA.MI/UNIVERSITY OF MI7V"1I JAMES L. KNIGHT INTERNATIONAL CENTER AT A COST NOT TO EXCEED $180,000 FROt1 THE SALE OF $60,000,000 IN CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS. (Here follows hody of resolution, omitted here and on file in the office of the City Clerk.) Upon Leing seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo *NOTE: Although Commissioner Armando Lacasa absent on roll Commissioner J. L. Plummer, Jr. call, expressed the Vice -Mayor (Rev.) Theodore R. Gibson *desire to be shown Mayor Maurice A. Ferre as voting affirmatively on this item. NOES: None. 9 39. APPROVE AGREEMENT: WIL3UR SNPi'iH & ASSOCIATES, 1NC. PROFESSIONAL DES16N S, CONSTRUCTION OF PROPOSED DOWNTOWN GOVERNMENT CENTER PARKINv PROJECT. Mil. "t,luau,er. Mi. Fos'ToE_.i; +'t"lam 18 ttte uGi '.a iig,.1re apt Iieu t0 22? Sir. ;.'.-:.i.:. "Is tC 3f1.] '_-rough ut_'Sl�j:. develot.ment which v-ill give us costs that we can go to bond on. Mr. Plummer: And this has been show:; to the Off -Street Parking Authority and - they have regisc.cred no objection? Mr. i'usnoen: That's correct. Na}'or Ferre: And wouic you also make sure it is shown to the people we're su_>pose-, to tclik about across the street? ',r. Fosmoen: This one relates, sir, to the Government Center Parking Garage. avor Ferre: What are we on, 23 now? Mr. Plum.ner: 22 we're still on. Mayor Ferre: I'm confused, are we on 22? Mr. P1ununer: I was asking questions about 22. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESCL"TIOI: NO. 80-859 A RESOLUTION': APPROVING NEGOTIATED BY THE CITY MANAGER AND .J11LBU m: S:II TF: F, Z;:CIATES, INC., FOR PROFESSIONAL ARCH ITECTURAL/EN:GINE RING SLR- ICES FOR THE DESIGN AND CON- STkiiCTION OF PROPOSED i �: NTO;?� GOVERliVIFNT CENTER PAR:tiING PROJECT AND AUTH�-,P.IZING Tiir CITY Xt'_NAGER TO EXECUTE SAID AGREEME'.;T FCr. P.:dOUNT NOT TO EXCEED $296,000, USING MIONIES IN AN TLMOUNT 140T ^_O EXCEED ."r107,000, FROM ThE PARKING CAPITAL PROJECTS FUND TO COVER THTZ COST OF SAID WORK Ti!i�O'JGH THE DESIGN DEVELOPMENT PI:. -.SE, WITf: FUNDS TO CCM'PLETE- THE WORK UNDER SAID r,Gl EN.:: NT CONTINGENT UPON FUTURE ALLCCATION BY THE CITY COMMISSION. (Here follows body of resoiutiu: omitted here and on file in t_he Cif -ice or the City Clerk.; Upon bein, seco::ctd by Corznnissioncr Lacasathe resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson* Mayor Maurice A. Ferre NOES: None. 154 *NOTE: Although absent on roll call, expressed the desire to be shown as voting affirmatively on this item. N 0 V 2 r'2800 40. APPROVE AGREEMENT: JAMES J. LOWERY, INC. - FINANCIAL ADVISORY SERVICES - PROPOSED DOWNTOWN GOVERNMENT CENTER PARKING PROJECT. Mr. Plummer: What .is the dollar figure on 23? Mayor Ferre: Sin,000. Mr. Plummer: That's the one about expenses out of pocket, 45 if completed. Mr. Fosmoen: Yes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-860 A RESOLUTION APPROVING THE AGREEMENT NEGOTIATED BY THE CITY MANAGER AND JAMES J. LOWERY & COMPANY, INC., FOR FINANCIAL ADVISORY SERVICES FOR PROPOSED DOWNTOWN GOVERNMENT CENTER PARKING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT IN THE AMOUNT OF $45,000, USING THE PARKING CAPITAL PROJECTS FUND IN AN AMOUNT NOT TO EXCEED $10,000 TO COVER COST OF OUT-OF-POCKET EXPENSES AS MAY BE INCURRED WITH THE REMAINING FUNDS TO COMPLETE THE WORK UNDER SAID AGREEMENT BEING CONTINGENT UPON FUTURE ALLOCATION BY THE CITY COML,ISSION. (Here follows bode of resolution, omitted here and on file in the Office of the City Clerk.) -7 Upon being seconded by Commissioner Lacasathe resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo *NOTE: Although Commissioner Armando Lacasa absent on roll Commissioner J. L. Plummer, Jr. call, expressed the Vice -Mayor (Rev.) Theodore R. Gibson* desire to be shown Mayor Maurice A. Ferre as voting affirmatively on this item. NOES: None. 41. APPROVE AGREED"ENl: K1NiLEY-HORN AND ASSOCIATES, INC. FEASIBILITY STUDIES IN CORE AREA WEST. The following resolution was introduced by Commissioner Plummer, who moved its ad:_,htion: RESOLUTION NO. 80-861 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND KIMLEY- HORN AND ASSOCIATES, INC. (SIMPSON s CURTIN) FOR FEASIBIL- ITY STUDIES IN CORE AREA WEST, ADJACENT TO THE I-95 ON - RAMP FROM MIAMI AVENUE AND S.E. 2 STREET, WITH FUNDS THEREFOR ALLOCATED IN THE AMOUNT OF $25,000 FROM THE PARK- ING CAPITAL PROJECTS FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasathe resolution was passed and adopted unanimously.* NOES: None. (*See notation above) 155 NOV 2 61980 i L+ 2 . PE -JsE L)EVLL1)Pi"tEN F.-%0N 1 PARK. DC'.'v 7��: DLVE _v0"cNT AUTHORITY :STUOY 0 F 6',vIC, P,r,L A'�!DIT0R1U"'- Mr. Pluraner. 1'vo-, a slight proi;iem with 25. I established a policy of this cse _,f :. a~ AL3:iitcrium was ever usc-(i 1o'Utnt_i than C.: _ that- Viard Dade Junior woul I EJ t:`I' r LCi1t �Df f:z:s:. :i-' Ski f �;iP li p. ..OW. �. O::-k uy`-ii , have -J dC;` n'as Da.3e ,: ai i "' iSi: V :I f cs':t ` or,, hau the irSt rli;nt of refusal on tills .31 lit 1.I.u,:, Anc ti:e s,2c0=id i_uestlon. 1 want answerE u, and you know 1 na'_L' t.(- play ,1.rty pool but I dr)n' Kncw how else to du it, this is not mc;;aes t'^:a.. is ceing spent in ,e:.a.1f of F aic.-. Dance Cor.,,pa:,y? '_r. Fc.3rnoen: No, sir, not as far as I'm concerned it's not and that's cate- gc;ric.ili- . i,;L. Plui,,:c12r: Well.. I'm assuming you recom,;,e,-.:ied it, who brcught it up? Well, I'm, responding to your se,:oni: ��i:-�' t10%: "Are these re-n spent in be}-iaif of Fusior. ;u:,cE Co.. a ..?'" 'pixy may be one of the uses consicered but it is not coming in the back door to provide for a •design fcr Fusior: Dance Company to he located in Bayfront A,,.iditori.um. Okay? That's our answer to your sQcun_` auestlon. in answer to the first ques- tion, Carx7assioner, I. believe that this 1ia.-3 Leer, discusse-with 'diami Dade L.orILnuni,ul, College and the answer is that they wo-Old participate in the re- use study. '21he following^ resol:iLlon was i:2trVdu:=ed by Cormissioner Plummer, who moved its adoptlOn: RESOLUTION NO. e0-662 A RESOLUTION AUT?ORIZING TKL' CITY %W;AGER TO EXECUTE THE ATTACKED A'IR!_K.Vd.NT BE7., ,; ft CITY OF Ml M✓.I AIND THE DOWN- - TOWN L`~VELG_' Ft A�:TIiC::ITY 7REPAIRING, COORDINATING, SUPERVISING A.ND PERFOFI;IING A SSE DEVELOPN.ENT STUDY OF THE MuNICIPfii AUD.TTOR.lUM; AT PARS CG: i,E" C INC ti0l"F_n ER 10, 1980, AND ENDING MAY 1, 1981, AND ILLOCATING FUNDS FROM THE CITY' S CONTINGEt:T _FUND IN AN 1'_X,) NT NOT TO EXCEED $10, 000 TO BE USES IN CONJUNCTICN WI Th $15 , 000 OBTAINED FRG:: THE NATIONAL E'�DO'v0E- N F01-'. THE ARTS AM.D $10 , 000 FROM VMTRO- POLITAN DADE COUNTY FOR PUF°2SE OF COMPLETING ThE STUDY. (here follows b`Jdy c` resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote- _ AY AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor iRLv.) Theodore R. Gibson` Mayor Maurice A. Ferre NOES: None. *NOTE: Although absent on roll call, expressed the desire to be shown as voting affirmatively on this item. 156 NOV 2 61980 43. PROVIDE FINANCIAL ASSISTANCE TO 6 NEIGHBORHOOD DEVELOPMENT AGENCIES - START UP: ECONOMIC DEVELOPMENT PROGRAMS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-863 _ A RESOLUTION PROVIDING ASSISTANCE TO SIX NEIGHBORHOOD DEVELOPMENT AGENCIES FOR START-UP COST IN CONNECTION WITH THE IMPLEMENTATION OF NEIGHBORHOOD ECONOMIC DEVEL- OPMENT PROGRAMS, WITH FUNDS ALLOCATED THEREFOR FROM THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, IN A TOTAL WdOUNT NOT EXCEEDING $20,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo *NOTE: Although Commissioner Armando Lacasa absent on roll Commissioner J. L. Plummer, Jr. call, expressed the Vice -Mayor (Rev.) Theodore R. Gibson*desire to be shown Mayor Maurice A. Ferre as voting affirmatively on this item. NOES: None. 44. ALLOCATE $200,000 6 YR. C.D. FUNDS ECONOMIC ADJUSTMENT ASSISTANCE GRANT: BONDS/LOANS MINORITY CONTRACTORS. The followina resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-864 A RESOLUTIO14 ALLOCATING $200,000 OF SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FU14DS TO METROPOLITAN DADE COUNTY FOR THE PURPOSE OF PROVIDING A MATCH FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) ECONOMIC ADJUSTMENT ASSISTA14CE GRANT TO PROVIDE BONDING AND WORKING CAPITAL LOANS TO MINORITY CONTRACTORS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A14 AGREEME14T WITH METROPOLITAN DADE COUNTY TO CARRY OUT THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo *NOTE: Although Commissioner Armando Lacasa absent on roll Commissioner J. L. Plummer, Jr. call, expressed the Vice -Mayor (Rev.) Theodore R. Gibson*desire to be shown Mayor Maurice A. Ferre as voting affirmatively on this item. NOES: None, 157 %ov 2 61980 45 . PURCH NSE IN L I cL) 0-: 7 L071 S CONED R-3 N.h-. 15 AVENUE BETWEEN 57TH A,D 58TH STREETS. t•1r. Plummer: What is this, Mr. Fosmot-n: This is the _VC!, -_ropertr , Coirinissioner, up in the Model Cities �src�a. Mr. PlwT,;nc:r: VI -,at is it proposed to be used ior? lr. Fos.moen: In several years we'll be using it as a housing site. This will c,ermit. the Y to ccnstruc,c a new facility, we are through the agreement rrovi-in,_: --or their use of the property for approximately a two year period while we prepare development plans and they prepare development plans. r'erre: Does this have the C.D. Board's approval, do they agree with LZais Mi. Fosmoen: Yes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-865 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEM2CATION, SEW1. LOTS BEING ZONED R-3, LOCATED ON THE EASTERLY SIDE ,;F TY.L -, LOCK _FRONTING :NORTHIti=T 15TH AVENUE BETWEEN 57TH A14D STH S^_SETS, NDT+Ti-- EST, MIAMI, F1,01IDA, SAID SUBJECT LA.ZD COMPRISED OF 39,096 SQUARE FEET, MORE OR LESS, IMPROVED WITH A 9, 6yC S, UAF.E FEET BUILDING, MORE OR LESS, FOR THE Slit: OF ONE E.-GY.TY FIVE 71iOUSP.ND ($185, 000.00) , AND iiL:'"CAT:':G v.vE Nt.: 7 i:J EIGHTY SEVEN THO:SA:;D r"IVE HUNDRED DOLLAd, i c b . , _ .: 0. F�O:'i � �: �, ._ . _T`_' DEVFLOPMEN. � T F,:I,,DS TO COVER THE COST 01 AC-'L:ISIT1,7N OF rEF SIt•:P; TITLE TO T'ril5 PROPERTY AND OTHER COSTS INCIDENTAL HERETO. (Here follows body of resoluteion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Co..rr:issioner La,-asa the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Covrdssioner Armando Lacasa Cor,4Tissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson* Mayor Maurice A. Ferre *NOTE: A1thoL.gh absent on roil call, expressed desire to be shown as voting affirmatively on this item. NOES: None. 158 NOV 61980 2 46. TRANSFER RIGHT-OF-WAY ON CORAL WAY -- S.W. 13TH STREET, S.W. 3RD AVENUE F S.W. 22 STREET TO STATE OF FLORIDA. The following resolution was introduced by Comr.Zissioner Plummer, who moved its adoption: RESOLUTION NO. 80-866 A RESOLUTION TRANSFERRING THE RIGHT-OF-Wr'AY OF CORAL WAY (S.W. 13TH ST., S.W. 3RD AVE. AND S.W. 22ND ST.) WITHIN THE CITY OF MIAMI TO THE JURISDICTION OF THE STATE HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 3371.29 FLORIDA STATUTES AND SHOWN ON RIGHT-OF-WAY PLAT TO BE RECORDED IN THE PUB- LIC RECORDS OF DADE COUNTY, FLORIDA; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK AND THE CITY ATTORNEY 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 Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore P.. Gibson* Mayor Maurice A. Ferre NOES: None. 47. RESCIND AWARD OF COINTRACT; .AFRO PRODUCTS, INC. FOR 3 CUSTOM RESCUE A11BULA.NCES F DIRECT CITY MA14AGER TO F.EADVERTI SE . The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-867 A RESOLUTION PrcCINDING THE AWARD OF A CONTRACT TO AERO PRODUCTS, INC. FCIr FURNISHING THREE CUSTOM RESCUE AMBULANCES FOR THE DEPARTMENT OF FIRE; REJECTING ALL OTHER BIDS; DIR- ECTING THE CITY MANAGER AND THE PURCHASING AGENT TO RE - ADVERTISE FOR THE ACQUISITION OF SAID EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote- _ AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson* Mayor Maurice A. Ferre NOES: None. *NOTE: Although absent on roll call, expressed desire to be shown as voting affirmatively on this item. 159 NOV 2 61980 ETA 48. CLAIM SEiTLEME`JT: J. TILLMAN PEARSON. The foilowinc, rt-,E7olution was introd-aced by Commissioner Plummer, who iiDved its adoption: RESC-,*L=vX '. -. h0-667 A RESOLUTION AUTi-IORIZING THE DIRECTOR OF FINANCE TO PAY TO �J. TILLMAN PEARSON, INDIVIDUALLY AND AS PERSONAL REPRESENTA- TIVE OF I.T. PEARSON, DECEASED, THE SUM OF TY.ELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) IN FULL AND COMPLETE SET- TLEMENT OF ALL WRONGFUL DEATrI, BODILY INJURY, PERSONAL INJURY PROTECTION LI N , wORKMENS COMPENSATION LIENS, HOSPITAL LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND UPON EXECU- TION OF A RELEASE, RELEASING THE CITY 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 Carollo the resolution was passed and adopted by the following vote - AYES: Comrrissior.er Joe Carollo Commis:sioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor lhr 7,dce R. Gibson* Mayor Maurice A. Ferre NOES: None. 4q. DEFERRAL OF APPOI�vTMENTS TO HE ZONING BOARD AND TtIrE DV15,")?`' COJNCI L RADE AND C 0 r 1 M E R C E 1)EVE LOPMEPJT . Mr. Carollo: Could we defer the appointments? :Mayor Ferre: You want to defer that? :Jr. Carollo: Yes, I think it would be a lot easier. :,.ayor Ferre: There's a motion, can we defer that without a problem? Mr. Plummer: The only question I would have is does it create a vacancy on the board? (INAUDIBLE RESPONSE) Then I have no problem. Mavor Ferre: The Zoning Board appointments and the Advisory Council on Trade and Commerce. Mr. Fosmoen: With Trade and Commerce it is getting a little difficult to get u quorum together but it isn't going to hurt for another month. Thereupon the City Commission on motion of Commissioner Carollo, seconded by Commissioner Plummer deferred consideration of appointments to the Zoning Board and the Advisory Council on Trade and Commerce Development by the fol- lowing vote: AYES: Mr. Plummer, Mr. Lacasa, Mr. Carollo Rev. Gibson* and Mayor Ferre. NGL : tone. *NOTE: Although absent on roll call, expressed desire to be shown as voting affirmatively on this item. 160 NOV 2 6 1980 750. HEALTH AND HAPPINESS TO ISAMU NOGUCHI ON HIS 76TH BIRTHDAY, The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-869 A RESOLUTION EXPRESSING THE SINCEREST WISH OF THE CITY OF MIAMI AND ITS CITIZENS TO ISAMU NOGUCHI FOR CONTINUED HEALTH AND HAPPINESS IN ORSER%7AjjCE OF HIS 76TH BIRTHDAY. (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 Joe Carollo *NOTE: Although Commissioner Armando Lacasa absent on roll call, Commissioner J. L. Plummer, Jr. expressed desire to Vice -Mayor (Rev.) Theodore R. Gibson* be shown as voting Mayor Maurice A. Ferre affirmatively on this item. NOES: None. 51. SECOND READING ORDINANCE: AMEND SECTION 56-22 OF THE CODE -APPLICATION FOR CERTIFICATE; FEE FILING OF INTENT TO APPLY -CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITI, AN ORDINANCE ENTITLED - AN ORDINANCE 7)2-11ENDING SECTION 56-22, ENTITLED: "APPLICATION FOR CERTIFICATE; FEE; FILING OF INTENT TO APPLY.", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980) BY AMENDING SUB- SECTION (a) THEREOF TO PROVIDE FOR THE RETURN BY THE CHIEF OF POLICE OF ANY APPLICATION(S) FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY IN REGARD TO TAXICABS UNTIL THE CITY COMMISSION HAS DETERMINED THAT SUCH CERTIFICATES) ARE AVAILABLE; FURTHER PROVIDING THAT NO RIGHTS SHALL ARISE OR ACCRUE TO ANY PERSON OR PARTY WHO HAS SUBMITTED SUCH APPLI- CATION(S); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 6, was taken up for its second and final reading by title and adoption. Q_ motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo *NOTE:- Although Commissioner Armando Lacasa absent on roll call, Commissioner J. L. Plummer, Jr. expressed desire to Vice -Mayor (Rev.) Theodore R. Gibson* be shown as voting Mayor Maurice A. Ferre affirmatively on this item. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9206, 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. 161 NOV 2 61980 6 7 52. CONSENT AGENDA. The Cons:.nt Agenda comptised of Items 33 - 37 was introduced by Commissioner Plummer, seconded Ly Commissioner Lacasd an4 passed and adopted by the following vote - AYES Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 52.1 AUTHORIZE INCREASE IN WORK - L.G.H. CONSTRUCTION CORP. - FIRE STATION NO. 14. RESOLUTION NO. 80-870 A RESOLUTION AUTHORIZING AN INCREASE IN THE WORK UNDER THE CONTRACT BETWEEN THE CITY OF MIAMI AND L.G.H. CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF FIRE STATION NO. 14 (2ND BIDDING) BY AN AMOUNT NOT TO EXCEED $3,000 WITH SAID INCREASE BEING PROVIDED FROM FIRE FIGHTING, FIRE PREVENTION, AND RESCUE FACILITIES G.O. BOND FUNDS. 52.2 BID ACCEPTANCE - D.M.P. CORP. - WESTERN DRAINAGE PROJECT E-50. RESOLUTION NO. 80-871 A RESOLUTIOI: ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED ;OUNT OF w i 55 , 38b . L 2 , BASE BID OF THE PROPOSAL, FOR �,%LSTERN DRAINX.GE PROJECT E-50; WITH M014IES THEREFOR ALLO- CATED FROM THE "STORM SEkER C.C. BOND FUND" IN THE AMOUNT OF $155,386.02 TC, COVER THE CONTI% CT COST; ALLOCATING FROM SAID FUI4D TKE AMOUNT OF $1 7 , 092 . 96 TO =FER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SyID FUND THE AMOUNT OF $3,207.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, 'BESTING LABORATORIES, AND POSTF.CE; ALLOCATING FROM SAID FUND T"HE AMOUNT OF $6,444.00 TO COVER THE INDIRECT COST; AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 52.3 BID ACCEPTANCE - P.N.M. CORP. FOR CENTRAL DRAINAGE PROJECT E-49. RESOLUTION NO. 80-872 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $185k501.00, BASE BID OF THE PROPOSAL, FOR CENTRAL DRAINAGE PROJECT E-49; WITH MONIES THEREFOR ALLOCATED FROM THE "STORM SEWER G.O. BOND FUND" IN THE AMOUNT OF $165,501.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUN11) THE AMOUNT OF $20,405.00 TO COVER THE CONTRACT COSTI ALLO- CATING FRGM SAID FUND THE AMOUNT OF $3,710.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING U 3ORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,692.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 162 NOV 2 619$0 52.4 AUTHORIZE AGREEMENT WITH MIAMI-DADE WATER, AND SEWER AUTHORITY FOR CONSTRUCTION OF SANITARY SEWAGE FACILITIES - CONVENTION CENTER PARKING GARAGE. RESOLUTION 140. 80-873 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TC ENTER INTO AN AGREEMENT WITH THE MIAMI- DADE WATER AND SEWER AUTHORITY FOR THE CONSTRUCTION OF SAN- ITARY SEWAGE FACILITIES AND FOR THE DISPOSAL, OF SANITARY SEWAGE FOR THE CITY OF MIAr.1I; UNIVERSITY OF MIAMI - JAMES L. KNIGHT INTERNATIO14AL CE14TER PARKING GARAGE. 52.5 BID ACCEPTANCE - FRISA CORP. - COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE III. RESOLUTION NO. 80-874 A RESOLUTION ACCEPTING THE BID OF FRISA CORPORATION IN THE PROPOSED AMOUNT OF $152,093.02, TOTAL BID OF THE PROPOSAL, FOR COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE III; ALLOCATING THE AMOUNT OF $152,093.02 FROM THE "6TH 'TEAR FEDERAL COMMUNITY DEVTLOPMENT BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $1.6,730.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,041.98 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WI'I, SAID FIRM. 53. SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND- 11302 -EDA PI-ANN I NG GRANT I 1 ,AND URBAN STRATEGIES PROGRAM". AN ORDINANCE ENTITLED - AN ORDINA2*CF A2•ENDINT SECTION 1 OF ORDINANCE 8719, ADOPTED OCTOBER 26, 1977, THE SU1,111ARY GRANTS APPROPRIATION ORDINANCE, AS AMENDED, BY MAENDING THE TRUST AND AGENCY FUND ENTITLED: "302-EDA PLANNING GRANT" AND ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "URBAN STRATEGIES PROGRAM" APPROPRIAT- ING FUNDS FOR THE OPERATION OF SAID TRUST AND AGENCY FUNDS IN THE AMOUNTS OF $94,280 A24D $8,000, RESPECTIVELY; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 6, 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 Joe Carollo Commissioner Armando Lacasa _ Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. - THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9207. 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. 163 NOV 2 6 1°80 131 54. FIRST & SECOND READING ORDINANCE: 22-13 OF THE CODE: "WASTE DISPOSAL v AMEND SECTION FEES". AN O �UINIiNCF `: 'i1'i.E AN ORDINANCE AMENDING SECTION 22-13, ENTITLED: "WASTE DISPOSAL FEES.", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,(1980), A5 AMENDED, BY REPEALING SAID SECTION i IN ITS ENTIRETY A14D SUBST116TING A NEW SECTION 22-13, ENTITLED: "WASTE FEE."; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A WASTL FEE UPON RESIDENCES AND BUS- INESSES; FURTHER PROVIDING A PENALTY FOR NONPAYMENT OF SAID FEE; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR-FIFTLHS OF HE ^01EMBERS OF THE COM1ISSION. Was introduced by Commiesioner Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section Y, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo. Whereupon the Commission, on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Caroilo. SAID ORDINANCE WAS DESIGNA"i'ED ORDINANCE NO. 9208. The City Attorney read the ordinance into the public record and announced _ that copies were available to the members of the City Commission and copies were available to the public. r FIRST READING ORDINANCE CREATE C0?E ENFORCEMENT BOARD. The City Attorney read the proposc-:3 orc3inan_e into the lour-lic record. Mr. Carollo: What is this going to be all about now? Mr. Plummer: This means that people who won't comply are going to have a board that is going to stay on top of their you -know -what. Mr. Carollo: Code Enforcement Board. Mr. Fosmoen: It provides for Civil sanctions for Code violators. I think we can get in some cases a quicker response. Mr. Plummer: You'd better believe it. Mr. Fosmoen. Dut I also have to say that I believe we have to be very very cautious in who is appointed, the quality of persons appointed to those boards. Mr. Plummer: That's always the case. Mr. Carollo: when are we going to start appointing people to this board? Mr. Fosmoen: Well, it would occur immediately after the Second Reading. Mr. Carollo: This is First Reading only. Mayor Ferre: Yes. Mr. Lacasa: And how many members does the board have? Mayor Ferre: Fifteen. Mr. Fosmoen: I'm sorry, six members. Mr. Plummer: Appointed by who? Mr. Fosmoen: The City Commission. Mr. Carollo: How many members altogether? Mayor Ferre: Six. Mr. Plummer: Now this Code is not only to the Building Code but to the Fire Code, correct? Mr. Fosmoen: Correct. That's one of the reasons why I've asked for it on First Reading rather than First and Second, the Chief has raised a couple of issues with me that I think need to be pursued. Mr. Carollo: Is this going to be for Building and Fire Codes only or all kinds of Codes? Mr. Fosmoen: At this point it is for those Codes dealing with zoning, building where there is a violation. Principally it is a zoning enforcement and Code enforcement provision, vacant cars on property and that kind of thing. Mr. Carollo: I'm sorry, Dick, but number 8 here is not clear at all the way it is written up in here. It gives the impression like it is for all City Codes together. Mr. Fosmoen: It's not all City Codes. Mayor Ferre: Do you want to defer this? 165 NOV 261980 Mr. Plummer: No, we'll just: do it on First Reading and they can clean it up between how and Second Reading. live got another question: A six mem- ber board, who breaks the tie? Mr. Carollo: The City Manager, of course. Mr. Plummer: I want a five member hoard. No------- I would prefer a five member board, I think a five member board is more in order. Mr. Knox: We have to Cher% the State Statute, this is pursuant to aft auth6r- izing Statute by the State Legislatir.'e , Mayor Ferre: Well, anyway, let's do it this way, we'll vote on it on First Reading and you come back and you clarify all of that. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING A CODE ENFORCEMENT BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS OF OFFICE, ORGANIZATION,;,, ENFORCEMENT PROCEDURES, HEARINGS, POWERS OF THE BOARD, " PENALTIES, METHOD OF APPEAL; PROVIDING FOR AN EFFECTIVE DATE; FURTHER CON`!'AINING' A REPEALER PROVISION AND A SEVERAPILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibgoh and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayer 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 coazission and to the public. 56. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 4 G- 19 "'i _;RPOSE AND AP PI- ICAB I LI TY OF ARTICLE" EXTEND BENEFILI'S OF SYSTEM OF FEDERAL OLD AGE AND SURVIVORS iNSURA;NCL. Mr. Plummer: What is this? Mayor Ferre: This is to get the City Commission Federal Old Age and Survivors Insurance. Mr. Plummer: I move it. Dick, Item 10, what do you accomplish by this? Mayor Ferre: The City Commission getting it back under Social Security. Mr. Fosmoen: A number of years ago the City Commission opted out of Social Security but we have been withholding your Social Security payments for years and, therefore, this will put you back in the system and make all of the pay- ments you have made into that system applicable. Of course, for those Commissioners who are around for 40 quarters you are then eligible for social secur- ity. Mr, Plummer: Well, that is a simplified version, my version of it is much more complicated because my version is - well, I'm not going to.gb into it, I have to wind up filing for a refund at the end of the year. I'm covered in my principle source of income. Okay: And that's why I signed the waiver before. Mayor Ferre: Do you want to put this off or what? Mr. Plummer: No, go ahead. I had the head booboo here talk to my auditor Mr. Carollo: Can you send us some additional information on this, Dick, since I'm going to be around here for a while I'd Like to read up on it. Mr, Foompon; Be ha day tA. ®ionar, t lr Tlhat's why I mentioned the 40 quarters, Coupis- -- 4'Yf1Ml Mr. Plummer: Does that mean all the money I've paid in the past you're going to reimburse me? Mr. Fosmoen: No, you have been each year asking for a rebate I assume. Mr. Plummer: No, not of the City, that's the question. I'll work it out later. Mr. Fosmoen: Take it off your incolne tax. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 40-19 ENTITLED: "PURPOSE AND APPLICABILITY OF ARTICLE." OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980), AS AMENDED, TO EXTEND, EF- FECTIVE AS OF JANUARY 1, 1975, THE BENEFITS OF THE SYS- TEM OF FEDERAL OLD -AGE AND SURVIVORS' INSURANCE AS AUTHORIZED BY THE FEDERAL SOCIAL SECURITY ACT TO CITY OFFICIALS PERFORMING SERVICE IN ELECTIVE POSITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEt.U3ERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pen;ing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Joe rarollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9209. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. NOTE FOR THE RECORD: Items 10"A", 12 and 15 were deferred. 167 NOV 2 631980 4 57. DECLARE RESULTS OF CHARTER AMENDMENT ELECTION HELD NOVEMBER 4, 1980. The following resolv;.ion was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-875 A RESOLUTION DECLARING .7kND CERTIFYING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1980 FOR THE PURPOSE OF VOTING FOR THE APPROVAL OR DISAPPROVAL OF THE FOLLOWING: CHARTER AMENDMENT NO. 1 WHICH PROPOSED AN AMENDMENT TO SUBSECTION 56 (I) OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE FOR A REDUCTION IN THE AMOUNT OF CASH PAYMENT WITHHELD BY THE CITY FOR UP TO 60 DAYS AFTER ITS A CEP'_'t►.` C_z:' CF r COMPLETED CITY LOCAL IMPROVE- MENT CONSTRUCTION CONTRACT WITH THE RETAINED AMOUNT BEING REDUCED FROM 10� TO 2-1/2% OF THE ESTIMATED CONTRACT COST DUE THE CONTRACTOR PERFORMING SUCH CONTRACT; SAID ELECTION RESULTING IN THE APPROVAL OF THE SAID PROPOSED CHARTER AMENDMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: uoTrin ssioner Joe Caro _ Comissioner Armando Lacasa Commi!:sinner J. L. Plummer, Jr. Vica-M,ayjx (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NQES: None. 58. AliTtIOR I ZE C I iY MANAGER TO ENTER INTO AGREEMENT: METROPOLITAN GADc COUNT"Y - POWER TRACT STATION SANT; CLARA TkANSiT STATION. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-876 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGO- TIATION WITH DADE COUNTY OFFICE OF TRANSPORTATION ADMINISTRA- TION FOR THE PURPOSE OF TRA:ISFERFING A PORTION OF CITY -OWNED PROPERTY TO DADS COUNTY OFFICE OF TRANSPORTATION ADMINISTRA- TION TO BUILD A TRACTION PO w'ER SUBSTATION WHICH WILL SERVE THE SANTA CLARA RAPID TRANSIT STATION AND THE CIVIC RAPID TRANSIT STATION. (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 -Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. %lice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NoUi Von#: 59. FIRST READING ORDINANCE: REQUEST FOR REVIEW OF THE CODE BY PROVIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS RESCHEDULED BEFORE THE CITY COMMISSION. Mr. Fosmoen: Item G is a policy for yOui consideration on deferrals. Aurelio, would you cover this item-' Mayor Ferre: Did you do the work on this? Mr. Perez: Yes, we did the work. Mayor Ferre: I think you did a good job. Mr. Perez: Thank you. Mayor Ferre: Any questions on it? Mr. Plummer: Yes, let him explain it. Mr. Perez: The reason for this is that we don't have a method or procedure by which items that are coming up to the City Commission can be either with- drawn, deferred, rescheduled or denied. An item that can be withdrawn by the applicant at any time and that is finished, this is what the procedure establishes. An item can be deferred only by the City Commission. It can be rescheduled prior to the presentation of the agenda to the Commission in two ways. It care be rescheduled by request of the applicant or if we find that there is � technical error or there is some sort of mistake then the administration can do that. And the denied portion comes into play like, for example, an applicant doesn't show up at the Commission Meeting, in that case you can move to deny the item entirely or you can move to deny without prejudice which means that the applicant can reapply for that item and start all over again. Mr. Plummer: How does that relate to the fee? Mr. Perez: Well, we have in the case of the rescheduling if it is, if we have a petition for to rescheduling which is prior to 13 working days prior to the City Commission 114eeting then we don't have any expense in reschedul- ing the item because we have not mailed, we have not posted signs and part of the a3ministrative work is not completed. If it happens between 13 days and 5 or (-, days prior to the Commission Meeting which is when we distribute the agenda to you then he would have to pay because at that point we have to re -mail to the people within 375' that the item has been rescheduled not to show up at the Commission Meeting. We have to withdraw the sign and then when that item comes back to you we have to do the whole thing all over again. So we are ------ Mr. Plummer: Don't you also have to advertise? Mr. Perez: Not for City Commission Meetings. Now the fee is a maximum of 500, most applications falls within the $50 category because R-1 and R-2, I mean any variances on an R-2 and R-1 district are $50 across the board and Conditional uses are $300 across the board except when there are 20 units involved like apartment houses. Mr. Pluinner: Well, you see, I've got nothing wrong if an applicant wants to reschedule, 1've got no problem with charging him $500 flat out. We're doing it for his convenience, we are inconveniencing the public regardless of whether you notify them or not and I just think that the fee ought to be established at $500. Mr. Perez: Commissioner, we have been consistent with the provision that we have in the Code on appeals which reads the same way, the same fee up to a maximum of $500, that is the reason that we had to use that wording. Mr. Lacasa: What happens if the applicant requests deferral at the City Commission hearing? Mr. Perez: That is up to you. Mr. Fosmoen: That is your choice. 169 61980 NOV 2 6 Mr �+�fet _ I i itix � p try y t:, ,,._-_ t�.� i eem you �at� go afidA ''ahc ,if:y6 .fir ^. "W� J.15t"e t %iw *Oti Va,- ,!; k.:s:.. Mr.lutltitio.." fYsihk what he 'i as�g if' the Co�nfnissi6ii aged f , the c�eextal doesaicthtaeii��atifirstibi�`�V,Vj v �7"xxz ' A, cllli�t trig.erp t� coon gate yth' �erip�3�►idi ' ; record thatheri a. diay `, alb, Y 1. ` E f t- t r .t Mr. � { . ,�I ' , }, (y y� �p3 j�,yy' r n k`af z'11-1 '� a3" 6 !'1L Fosm4� : lY�. U 1;� W 3. Ci3 4 4a'-ii. ,'3}'; J r? 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LF 'k V: , .. { I 1 411'! #!�{` yfr } �`'h4v� Yl +' " ��5.>`Iyr , f c�am�,eri E ,c4� 3P Mr. _+ tI �'4'a , , 3'I ggar' t}}� K'�,h w, t ? ,� t ° f I qj zr �"a R�'1..:aLta„��esUl �ydsls rt£^6t ✓ x ' t Mr.,�caa'awmat'ci�dr�d tn' do that on the 9th Say, r, pri€r► aicdzg „as�t�c:r fee..a. dgSn t da that in writing y ,e comas , -ie�k :�h, ' a,!" m t an4 right her he requests the City _ H t }t�� ,tk CQmri1 54s On'art � , t�'R� k r s ai Cr, >t �, znraeit ''+L'n '',1 ��1��h'ci« Mr. F_., ,, hiz z a a" 9� iv s 0. � , and h �a . spat si that the a p 1pi�i er, xtlei t� 4t �. +.P,�P 4�io , t `ho" x Alt will that h� w7.x] : 1 *re n s nxr� t� z a , ' _ + �,y �i. - h , :de r a� mad i � wQ 't .♦♦.��``yy Jmp QQ @@ �pj {�pJq y� p ) ..C+� !l1�7 ,e#S MIR ht � 1'! �t f jt ') f X ( + 13 4 y 1# wa t` � r vmr-i €lad fee �� S�QC ��lr a r���gz�ai? �C31� of P � -' � . th ;� ` put days ripr to Will ,; � ; » , Wk we. ha a+ �a'► tqa ���oac ua t4� a+d,€Y aii t� spa` wia theg�nca gets tc you that to .is ar . aIi, Wn 4Y4" 11" to tt�e :i4e tlri�3 the mar, aye, " t , � � � t 't � + sa ss . as it hay hap ri€d he Rr� , �%�' ``.5 M w�`,tet we�3ve �ith�r stamped` do {�igyp yy+�tyy� ,}. �r }g ��[[ p }}'�q 3� .y p © y, Tf d 7 4} �4rfS'9r< �t'Ses@ '2" �+ 4iiAt' r'1ti Y w ntea 4 h3V � : psr$o 1A, t 11 f ;� } u Ili—i � - :7C , "'3 ' �j$t S W21s�t w� x I. fit �, �V11 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 62-62 ENTITLED: "REQUEST FOR REVIEW" OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, BY PROVIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS RESCHEDULED BEFORE THE CITY COM- MISSION BASED ON THE ORIGINAL APPLICATION FEE, NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); C014TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. 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. 60. CITY MANAGER'S REPORT ON RECENT COMMUNICATION f=ROP1 CHALK AIRLINES. Mr. Fosmoen: Let me just update you on where we're at. There's a letter dated November 24 to Terry Percy that says, "This will confirm our tele- phone conversation as of this date wherein I advised you that Chalk's Inter- national Airlines is withdrawing its application with the Department of Environmental Reeulation for a permit to construct and/or repair certain seaplane launching ramps on Watson Island. Our engineers who have been processing our ahpiir_ation were advised of this action today. Since there appears to be controversy between the City of Miami and Chalk's as to their respective interests in the subject property we agreed to sit down at a mutually convenient time to discuss the issue and explore an amicable resolution." and that is signed by Richard Alson, their attorney. Mayor Ferre: What resolution? Either we own the land or we don't own the land. Mr. Fosmoen: Mr. Mayor, I think all they're saying is that they would like an opportunity to meet with us and see if we can resolve it before we enter into a flurry of court suits. I haven't met with them yet. Mr. Plummer: All right, you meet with them but I'll tell you what, I will ask that the City Attorney be instructed to prepare a resolution evicting Chalk Airlines..... Mayor Ferre: Oh don't do that, J. L. That was my first reaction too but those people, Chalk have been there..... Mr. Plummer: I didn't say we were going to vote on it, I'm just saying prepare a resolution. Mayor Ferre: Oh, I've got you, I beg your pardon. Mr. Plummer: The City Attorney prepare a resolution evicting Chalk Airlines from the squatters rights that they have enjoyed for many years and prepare it for the next Commission Meeting. Mr. Carollo: He has been reading Mao's book, Power Comes at the End of a Gun Barrel. 1'71 Nov 261980 1111.GE \' S >Z^P01,n 0 Cl',Y -.'c, Tly (a) investigate Contractural cor Ci.t., Dap Care Centers - 61. (b) investiiia.:c , ossibie Lease of :;i<uni Sori.icjs Golf Course .,r_ l'" �,,...i le Recuctie-. " .` 'rar; 'ickups L .•;az•t-.ear v Mayor Fcrr-n: ills,:u:-doll oI" the Cit,:• Savinns during 1960 and 81. Could we put that off? 'ft,r. rosm,l . would like to discuss that for a couple of reasons. We Still ,iave ; n,_rl;,,i Ir,t-,ze or. a nuTipe_r o: oepartments, Mr. Mayor, and I'd 11ko to rec;Uest a partJal wai-ver on soine O1 :.hose departments. Mayor F'erre : Have v.:u talked to the author c f all the... Mr. Fosiaocr,: Mr. Mayor, we have teen ... Mir. Gary and I have been spending some amount of time wi':-, each of the de, art.ments. We have distributed to you what ,;oulr: na?pon with a 7 and 10 percent reduction in each department iI: ` l,F' : y . l e c ;e . . . 'Mayor Ferre: Is that i:.:,is t:iil,g Last you passed around? Mr. Fosmoen- Just _)assed out, sir. It's a tabulated sheet. The way that we t,.ave is r .: _'na,: this with departments is that they should look at red�ic i.nc, , :e r �-erat ion :,v�r the year so when we hit October lst of 1:31. , we a re_iLicea level o- ex,?enditure going into the 81 -b ui(;e t . C=ninis:s ioner , you have adopted a budget that provides the lcvEi of fun::I:',- Cr t:L(2i of cne de-part:al'nts i:il's year, 1 understand that vcu ar. lntfr,_SLL: lr. u1so achievina some cost savings throughout the. ; cax . ex. Plummer: Yes, sir. SFr. ... ;71o(.n: What we need to do is loot: at the organization of each Jer•a �nen;., !.e rjzi-2, each depart:ieri operate3. For example, you heard a prose-:tat.i.on fro I Aooz-Fallen this morning, and the Commission adopted in principal their ;:ecommenhations, and it's going to take us SOME `=i'.Ie t(7, r:;',: t;;:tU C, f0l exam.ple, the Finance Department to achieve those things. In the meant:lm.e, there are certain positions within the Finance De..3r*wen1_, :-cause people leave for all kinds of reasons, that mnv bc- cr_`ical to fill, they he necessary to Fill. There are othe_.. :..,7,t arm rn n,_ ,� �.s:_ tc fi'_i . We are 'locking at salary and cost savings through the year so tn.-t when we hit October 1, 1981, our level of operation wiji be reduced. Now... Mr. Carol '_o: his ,,.)u1d clean that we would save approximately eight million doiiars 00) , correct? Mr. Plwr-her: That's right. That's what I'm looking for. Mr. Carollo: It's good enough 1 lr three (300) new police officers. Mr. aosmo,_n: Comri:5sicncr, we would not be saving throughthis year eight million collars WE would ue coming into the 81-82 bLdget loo}:ing at .7 lower level of service representing approximately eight million collars (118,000,000) but if this Commission has adopted a budget prcvidir:g fundinq for each of the cepartments at a certain level. :�tna Those .':'c`_'tP riL.•: 1-avu_ T,GL !nL(lu- any lay-offs. If you tell me that I have- to save elai:t iralllon dollar-- ($8,000,000) ):etween now and October , 19r i , we are rJ #ht back in Llie same po ltlon three months ago. have tc, lay-c)fT lour hundr,�-d =,UU) employees. There it aLsolutely no way that 1 can do that. Unless you tell me to. Mr. Carcllu: :.et me L"ei.. �you something. There are dej,arunents in the City, including your Ovn, there are 1,.eople Lr,at should be laid off. 172 N 4 V 2 61980 ist 4 I Mr. Fosmoen: Commissioner, that's... Mr. Carollo: The salaries they are making are outrageous in some cases and there are people that are nbt needed because everytime that I come to this City Hall, from your department I see at least two individuals that all they do is sit out here on these benches, and these individuals are getting paid some pretty darn high salaries. And I can go on into other areas. Now I think what you're trying to tell us, and I understand, is that the eight million dollars ($8,000,000) is not that we're going to be saving it this year unless we change the rules that were laid out, but actually we'll be saving it for the 81 budget. Mr. Fosmoen: We will hit the 81 budget at a lower level of expenditure. Mr. Carollo: At a lower level of dollars. Mr. Fosmoen: That's correct. Mr. Carollo: But the bottom line is that even though we won't be saving it this year, it comes to 81, we actually will be saving it because we will have to spend eight million dollars ($8,000,000) less. Mr. Fosmoen: Remember, of course, that we have three (3) union contracts that we're negotiating. So the reason that we are attempting to hit the 81 budget with a reduced level of expenditure is in full recognition that we have three union contracts we're negotiating. Now, if the Commission says we're supposed to save eight million dollars ($8,000,000) this year then we're back into the budget- process. Mr. Plummer: That's what we're into is the budget process. Mr. Carollo: I'll start by following the old rule that, you know, I'm also going to do what I say, not tell departments what I say, I'm going to do differently. I think everyone will admit the people that could least cut from their 1)udgets, the members of the Commission sitting here. Our budgets are to a bare bones minimum. I am willing to go to the maximum sacrifice and cut my budget down to ten percent (10%), but I want it to be done across the board also. Mr. Plummer: 1-;ell but here again, let's understand, and as I understand these fiqures here, if for example, we said to the Manager we want you to cut by ten percent (10%) by the end of this year, that means that the City Commission would have to cut by twenty thousand dollars ($20,000), the four (4) of ua, or five thousand (5,000) per Commissioner. Mr. Fosmoen: Let's make sure that we're asking or that I'm answering the question that you want to ask. If you, the City Commissioners budget is to generate a twenty thousand dollars ($20,000) savings throughout the year, then you will have to start laying off people today. Okay? Mr. Plummer: Not necessarily. Mr. Fosmoen: The liklihood is that that's the only way you're going to generate twenty thousand dollars ($20,000). Mr. Plummer: Well each Commissioner has to generate five. (5-). Mr. Fosmoen: Fine. But the only way you can achieve that is today to start laying off people. If we're looking at an eight million dollar ($8,000,000) reduction City-wide, we're back into the budget process again. Mr. Plummer: Well that was understood by me at budget time. Mr. Fosmoen: No, what I heard this Commission saying at budget time is that you want us through the year to first of all, do some two and three year budget planning. Revenue and expenditures. Secondly, you wanted us to reduce our level of operation through the year, through attirition of personnel, through reorganization, through ist 1'73 NOV 2 61980 Mr. Fosmoen (continued): effeciencies and economies, so that we On October 1 came into that budget with a lower level of operation. But if you are telling me something else, you know, get it out on the table. Mr. Plummer: It wan my uncderstanain,�, and I think I was the maker of the motion, t_11ut: 'fc%U Y,a'l !?lven months (11) in which to reduce the cost of operation o` '.l;i s City so that`. ycu h avc to drop bombs at the OL-tobr - i . Yo•.: would start recuc_'_r.q as Of DcceTRL�er 1, pi:o rated over ! he year, 1.1-e protior. of the year which then in eleven (11) ,11Cn4-11,6, nine ()kal'? Now, what !'m loC king at is that by the October 1, you would be down to the ten pr-rcent (10%) reduction. MCI.. Fo�snioen That i - di_fl ?"el;t. Ti;a+" -a entirely different than saying that. 1 have to :cave eight mil.licn dollars through the year. It is an entire-' 31i cr? fi:C :statement. Cornisnioner, if I start out with a budder_ of oiie thousa : -. dollars !.$1,000) , you want a ten percent (10%) i-`;luct.1,0i) You want we to hit ''c:tober 1 starting date for 81 at nine hundred dollars :54� 0; , c,kay-: I can achieve that by attrition through the year. But if you're telling me that I also have to generate a one hundrec d0hs;7 (S100) savings, that's an entirely different issue. Xu.. I-1 iuni; of : I' in say.i ng to you, Mr. Fosmoen , the cost of the operation _ ,Df this City han qot to g,, down. And 1 really don't think that we are at a r,-oint. that we wal:t to wait a year for that savings to go down, in all but Police and Pire. Now, I'm not necessarily, I'm not trying to tell you how to do budget. When you start paying me sixty thousand dollars ($60,000) I'll come in on a full time basis and I'll start doing it. Kr. Carc.ilc: Sixty -!;ever. (67) plus expenses. Mt-. Plummer: I'll work for. sixty (60) . MT. Carollo: About one hundred thousand (100,000) a year. Mr. Plu:mner: Ncw,al. I'm saying to you is, you've got to start cutting tomorrow if we aPrrove a plan today. And you've got to cut everyday �} until September the 31st. I %`r . Tnat' s right. 1.1r. P1u,=er: okay. Now that is going to create a surplus. I4r. Fosmoen: Some, Commissioner. But it's not going to be eight million dollars ($8,000,000). 1•1r. Plummer: Well, what will it. create? Mr. Fosmoen: I can't tell you that tonight. 1-1.. Pau.,:aner: 01., i think you're going to have to tell me that. Mr. roes:i:;-en: I anticipate telling you that over time. What you're asking us to do is to look at the entire operation of the City, restructure it, and to reduce the level of personnel, and you want us to do that in - two months. It can't be don&. I can tell you, starting tonight with some selected departments what my recommendations are to achieve a lower levt-1 c: orx-ration, starting in October 1 of 1983 and it will _not, I mean 81. And it will not mean massive reductions by lay-offs, but rather keeping certain pasitions vacant as they occur. Mr, iiummer: As far as I'm concerned, the bulletis right there that we have to bite. 1 would hair thatwe can pro rate and eat just a little bit of that bui i t.1 tac11 rrc'nt.i"I Mr. Fosmoen: ThciLls exactly what I'm telling you. Mr. Plummer: And I'm saying to you that as far as I'm concerned, let's keep the freeze on. The freeze is the pressure, let's keep the pressure on the administration. And I think what I would like to hear on the 17th iat 174 N O V 2 61980 Mr. Plummer (continued): of December is what you propose, the surplus you will create. And then we'll reconsider the freeze. Mr. Carollo: You know the only thing that's really bothering me? It's that I'm seeing a lot of the little guys that work for the City, in many instances, people that have really been dedicated, the people that make the least amount of pay are the ones that are going to get hurt in this. I'm saying that a lot of the fat cats that sit around the lobby here and take four hour lunches that I've seen are still going to be making their pay for the two or three hours that they provide work for this City, I'm going to call it that. That bothers me. I would certainly hope that something is done about that. If not, I'm going to start sending one memorandum after another putting down individuals names, requesting you the complete scope of their duties and responsibilities and then following it up if I don't see that from them. Mr. Plummer: Well, I would like, Mr. Mayor, to wrap this up, okay? I would like to continue the freeze until the 17th of December. At such time, the administratio proffer to us what reductions they will be able to accomplish during this coming year by September the 31st. And I'll make that in the form of a motion. Mr. Lacasa: Second. Mayor Ferre: All right, there's a motion and a second. Howard. Mr. Howard Gary: I think we know have a better understanding of what the City Commission wants. I could say to Commissioner Plummer that if your intention is to save the seven (7) or ten percent (10%), the total amount for the whole year, it will require lay-offs. What the Manager has proposed is a plan that would save, if for example, we achieve the targets for six (6) months- of the year, we would save half of it. It would not be the total amount. However, assuming that you have eight million dollars ($8,000,000) and he saves half of that, that's four million dollars ($4,000,000). By October 1st, he would have saved another eight million dollairs ($8,000,000) going into the fiscal year which would be a twelve million dollar ($12,000,000) saving. Mr. Plummer: And I have no problem with that. Now, what I do have a problem is, Howard, that in your proposal that you handed to us, okay, let's don't kid ourselves. All right. I don't think anyone sitting on this Commission is going to cut one red cent out of the Police Department. And part of your proposal proposes to cut either one million nine (1,900,000) or two -seven (2,700,000). Likewise with the Fire Department. Mr. Fosmoen: Let me respond. Mr. Gary: We don't plan to cut it. Mr. Plummer: Well but in this it shows a cut. Mr. Fosmoen: Speaking of making sure that the pressure stays on, you know, there are, in my opinion, a number of effeciencies and economies that can be achieved in the Police Department by substituting civilian personnel for police officers. Mr. Plummer: Agreed. Mr. Fosmoen: It's possible, in my opinion, to use Public Service Aides. Mr. Plummer: And you're not restricted by the freeze on that. Mr. Fosmoen: I understand that, Commissioner. But I also want the Police Department and the Fire Department to know that they need to look at their internal operations so that we can achieve additional police officers on the street, and maintain the quality of service that we have in the Fire Department, still look at efficiencies and economies in those departments. Okay? 175 NOV 2 61980 i.st Im L 0*1 Mr. Carollo: Dick, good for you. You have my support on that one. I think we have to send the Police Department and the Fire Department also. That just because we're short on manpower and we're pushing for additional officers on the streets, that doesn't mean they have a blank check to _ spend whatt-\-,_r they w':rt t,: ;-ither. So I'm with you on that one. I just want to see vnu it up now. Y'r. ro3moen: I int# nd to. Air. Plu:.,rner: Where is the remaining portion of this program? Mr. Fosrnoen: Convnissioner, I started to indicate to you that there are some changes ir: operation that I think we can start immediately. I'd like to take a ��uple off minutes of the: Commission's time this evening and talk about soma of those. tilr. it,,ammer: Excuse me. You proposed to me the other day some other orally. Okay? Now, have we reduced those to writing? ?Ir. Fosmoen : I have nct . 1 4: ir;ted to go through these departments, Commissioner and describe to you some of the changes aria improvements that I think we can make. And I wcuii le happy to start with Leisure Services. I think that m ere are three (3) major changes in operation that we can do in Leisure Sel,ri� s t•:j reduce the operation goi.r;g into the ill fiscal year. The first s to r.e.:uce t.?; number of recreation program people that we have, fu11 time. And replace them with some hart -time people.. it's quite W ssibl.e it will. atill ;provide a reasonable level of recreation service but wF= would b.= using part-time people rather than full-time people. On many occassiOns, th,7—re is simply no orie in the )ark that.':; needing a recreation program Leader_. That's one. Two, I believe that we should immediately initiate a process that would put our day care facilities under so:Lecnu el.se`s control within our buildings. '�%-e .,nuld negotiate for the, prcvisi.,.n of (!av care with a i=rivate nor;-i�rofit corporation with no cost to the City xc:e-pt ;-raking apace available. So we would save approximately one hundred and ninety thousand dollar (5190,O00). Nir. Plummer: r'., :tas::ic. :fir. Plummer: Aiii 1 would like the Commission's authority to begin that process immediately. Mr. Plummer: I'll move it. Mayor Ferr_e: You're going to move what? Mr. Pluruner: I will :Hove that the City Manager be empowered to start the process of putting day care centers out on a private contractual basis. Mayor Ferre: All right, is there a second? Mr. Plummer: At the savings or approximately one hundred and ninety thousand dollars ($190,000). It doesn't eliminate the service, it just changes the management of it and it does in fact save this City one hundred and ninety thousand (190,000). Mr. Carollo: This concrete estimate that you have, it will b8 approximately that much? Mr. Fosr.,oen: it's as close as I can come, yes. :JW. Carollo; I go along with that. Second. Mr. Plummer: of course, Here again, we're not finalizing anything. We're just letting him explore. Mr. Carollo: Well that's what we should be doing. Whatever the City has. 176 NOV2 6 1080 ist 4 Mayor Ferre: All right, there's a motion and a second. Is there further... Mr. Plummer: Should we do this all in toto, except those item in which there is objection? Mr. Fosmoen: I can run through a few more. Mayor Ferre: ('Kay, go anead. Mr. Fosmoen: It's my recommendation, and I see our friends from the Marinas sitting here, but it is also my recommendation that we initiate the necessary ordinance changes to increase all of the rates at the marinas to within eighty percent (80*) of the private 3ockage rates in the City of Miami. Mr. Plummer: 1,hat are they approximately today, percentage wise in relation... Mr. Fosmoen: Twenty (20). The private dockage rates are at least twenty cents (20t) per foot per day and we're charging ten cents (10�) so they're fifty percent (50°-) less. And I'm recommending we go to eighty percent (80*) which would take it up to about sixteen cents (16C). Mr. Carollo: Can we get the average of all the private rates in town and come to that as to the figure we're going to use. Mr. Fosmoen: Yes. To eighty percent (80g) of that. Mr. Carollo: Right, eighty percent (80%) of that. Mayor Ferre: I'm not too sure I agree with eighty (80). You know, I've always used the figure, but I don't mind subsidizing the people that want to vote in Miami by ten percent (10%). But I'm not too sure I'd go along with going to twenty percent (20"). Mr. Plummer: Do you want to go to ninety (90)? Mayor Ferre: Well I'm just saying that I traditionally, the last ten (10) years I've always been screaming about it being ten percent (10%) under. Mr. Plummer: No problem. Go to ninety. Mr. Carollo: I think maybe we should be a little understanding on this. Maybe go to eight percent (80%) the first year and then go to whatever from then on. This way the people that can't afford the final rate have at least a year to look... Mr. Plummer: Well, all right, I'll tell you what I'll accept. Make it eighty (80) this year and automatically ninety (90) next year. Mr. Carollo: That's what I was saying. Mr. Fosmoen: Also, with the understanding that all surplus revenues would go into the General Fund. The ordinance... Mr. Plummer: Sure, that's what we're doing. Mr. Fosmoen: Fine. The ordinance as it's now written reserves surplus revenues for reconstruction of the docks. Mr. Plummer: And not five million dollar ($5,000,000) bond issue. tdr. Fosmoen: we would take the surplus revenues from those dockage increases and put them into the General Fund. It's also my recommendation that we immediately proceed to put out Miami Springs Golf for lease. Mr. Plummer: What would be the savings? 17`7 ist Nov 2 61980 Mr. Fosmoen: The Miami Springs �,olf Course c;enerates some amount of money now. But there are cai)ital expenditures needed to create what I'll call an executive nine hole golf course. I believe that we could generate substantial monies above that which we now c:nerate in the vicinity of two hundred thousand dollars ($20(;,00�)) a year. Mr. Plu.inier: ?{ x.t i tern. hlr. F:>smo n: I� also, i,' we are to achieve savings of the magnitude ne `.:t5aij7 In Solid WaaI_e, we'rE• going to haVE to start looking almost immediately, at extending the trash collection period to one and one half weeks from one week. Mr. Plummer: You finally struck a loser. Mr. Fosmoen: T'L-,<,ught I might. Mi. Carollo: �n most parts, now a days, it's been for three or four weeks - or more. So you know, we're playing games. You know, we're saying it's going to be a week and a half instead of a week but in actuallity, it's been three or four weeks or more. Mr. Fosmoen: Commissioner_, in some cases, because of rain and other weather conditions, you're right. The trash does not get picked up. But 1 must disagree with you that in most cases it is extended to two or three weeks. Mr. Carollo; I will admit though... Mr. Fosmoen: The policy is that. we collect once a week. We are crewed for once a week. If we are to reduce those crews, we have to start a process of attrition and expect that the length of time between trash pickups will be c/tended to a week and a half. :;r.. Cerr; _o ._ as, thcuah, _hat it hasn't been as had though since you all wanted us tc yo with the eighty-two (62) gallon container. N.r. Plummer: i;el. , I tell. you wP.at, okay? I think I'l1 be opposed to it. But for you to purse. it, I'm in agreement with. ?text item. Mr. Fosm,:en: We are deferring a major purchase in Computers and Communications. It represents a ninety-three thousand dollar ($93,000) purchase of a... anyway, I'm sorry. I simply don't remember whether it's equipment or software but it i5 deferred and it will not affect getting the payroll _ system up and t:,e pe,rsonnei -system up. And it can be deferred for at least a year. And 1 haves asked the Director of Computers and Communications to give me a specific five (5) year program for that computer operation. So this represents a major deferral but not one that's going to affect our sytems in the short run, Mr. Plummer: Nex., item. Mr. Fosmoen: Tha-'s enough for tonight. Mr. Plummer: No, keep on going. Mr. Fosmoen: I don't see, Commissioner, a reduction occuring.in three departments during the year. The first is the Convention Bureau because we receive a substantial amount of funding from the County and I think that they be reducing their funding level if we start ✓reducing... Mr. Caroilc: I thought our director was suspended for a while. We should be saving money there. Mr. Fosmoen: We :,o longer have that director, sir. We will save that money but I intend to fill that position, obviously. We will save money through the year by his removal. But you know, I'm not saying that we should reduce ... we've only got basically four (4) people in that department. 178 ist Nov 2 61980 4 Mr. Plummer: Next item. Mr. Fosmoen: I don't believe that the Civil Service Board operation should be reduced this year. I think that they will have to bite that bullet next October. Mr. Plummer: Next item. Mr. Fosmoen: The same is true for Planning and Zoning. Again, they only have four (4) people and to expect them to continue any level of operation by laying a person off or leaving a vacancy, I simply cannot recommend. Mr. Plummer: I don't hear anything about consolidation. Mr. Fosmoen: I'm not to that point yet, Commissioner. Mr. Plummer: No. I'm talking about consolidation about departments. Mr. Fosmoen: I'm not to that point yet, sir. Mr. Plummer: Then the freeze stays. Mr. Carollo: Well take that up at the next round table. Mr. Fosmoen: I am requesting that we lift the freeze in Budget and Management, that we be permitted to begin picking —there is some key personnel...I'm sorry, some key slots that are missing in Budget and and Management and it does take time to put together the kinds of efficiencies and economies you're looking for. Mr. Plummer: Mr. Fosmoen, the freeze which we have proposed is not absolute. You at any time, sir, have the right to come before this Commission and justify a request for personnel. And I think that that is reasonahle but the remaining freeze stays on as far as I'm concerned. Mr. Fosmoen: Okay. we'll be, back, on the 17th. Mr. Plummer: I would like to make a motion that at this time the City Manager pursue those matters that he brought up here this evening to start proceeding according to that which would create a savings to this City operation. Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-877 A MOTION DIRECTING THE CITY MANAGER TO SUBMIT SPECIFIC RECOMMENDATIONS ON CITY SAVINGS FOR _ FY 80-81 BY THE DECEMBER 17TH CITY COMMISSION MEETING Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 179 Nov 2 6 1sso ist The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-878 A MOTION AUTHORIZING ATiD fii.rZEC'TIN:3 THE CITY MANAGER TO IIIVESTIGATF OUTS 7Dr. COr,7tZACTUAI, SERVICES FOR THE OPERATION OF TH7 CITIY OF MIAMI DAY CARE CENTERS AND TO SUBMIT THEIR i'INDING S TO THF. CITY COMMISSION Upon bei:,3 seconded by ConL�issioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice --Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-879 A MOTION DIPfCTING .-HE CITE' WiNAGER TO PURSUE THE FOLLOWIN• ITEMS DESIGNED TO REDUCE THE COST OF THE CITY OPERATIONS: 1. Adjustment of Dockage Rate Charges at City -owned Marinas; 2. The leasing of the Miami Springs Golf Course; 3. Investigates Possibility of Reduction of Trash pickups; 4. Delay Purchase of Computer Hardware, for at Least_ Another Year. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Done s Q� s NOV 2 6 1980 lb 0 62. MOTION TO GRANT DFCErMER 26T1I AS HOLIDAY - (MOTION FAILED) Mr. Plummer: Mr. Mayor, before he leaves and so he can walk into his office on Monday--- I will be out of the Country, so there is no problem--- and Fosmoen is going to drop dead and we are talking about salary savings, but Mr. Mayor, Scrooge is gone. I make a motion at this time that the City employees across the board be given the day off after Christmas. The half of them aren't going to show up any how and I make a recommendation that the 26th of December the employees be given the day off. Mr. Carollo: Second. Mayor Ferre: Wait a minute, how much is that costing us? Mr. Fosmoen: A lot. Mayor Ferre: How much is that costing us? Mr. Fosmoen: It represents about two hundred thousand dollars a day in terms of... Mayor Ferre: I'm voting against it. I'm sorry. Mr. Fosmoen: I don't want to sound like a Scrooge either, but that's a substantial amount of money. Mr. Plummer: Well, Mr. Mayor, you know, in reality do you really feel that anything will be accomplished the day after Christmas? Mr. Gary: Yes, but, if I may, when those people don't come this is a sick or vacation day , but you have to pay those people who have to work double time. If I take the day off it's got to be a vacation day. To grant us a holiday... (BACKGROUND COMMENT INAUDIBLE) Mr. Gary: Then that means that the eight million now that we have got to save becomes eight million plus five hundred dollars. Mr. Plummer: Did you second the motion: (BACKGROUND COMMENT OFF T11E PUBLIC RECORD) Mr. Plummer: I made the motion. I made a motion, is there a second? I don't... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright there is a motion, seconded by Commissioner Carollo, call the roll. _ gl THEREUPON THE FOREGOING MOTION was introduced by Commissioner Plummer and seconded by Commissioner Carollo and defeated by the following vote: AYES.: Mr. Plummer and Mr. Carollo NOES: Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre ABSENT: None. 1�1 NOV 2 61980 63. INSTRlTICT CITY ``,.ONAGER TO SEARCH FOR NEW LOCATION FOR ANTO +IO MACEO (DOMINO) PARK IN THE LITTLL hAVANA AREA - Mr. Fosmoen: ti;e have one iten. Mayor Ferre: One pocket item? Mr. Plummer. I have got pocket items. Mr. Fosmoen: Domino Park. Mayor Ferre: Ok, what do you want to do to Domino Park? (BACKGROUNo CON:a4:N'T OFF THE PUBLIC RECORD) Ur. Fczr,oeu: Mr. Mayor, it is in our opinion simply too expensive for the benefit that you obtained and it would be our recommendation that we use those funds to acquire and develop a second park of the same quality. Mayur Ferre: Let's build another park. Mr. Lacasa: I like that idea. Mr. Pluiarter. 1 like that idea because that park is getting too damn congested. And I would suggest that you go somewhere a couple blocks away and get a bigger parcel than what you got there. You are just going to compound the problems there and I agree with that. Mr. Knox: Mr. Mayor, you have another ordinance to adopt. Mr. PJ.uxnmer: Alright, well, now wait a minute, what did we do on Domino? Mayor Ferre: Wu are going to go to a new site and build a new park and I think it's touch better and I agree. Mr. Plummer: Well, are we authorizing the City Manager to pursue? Mayor Ferre: Pluiwner moves and Lacasa seconds that we look for a better site for a :second Domino Park. Rev. Gibson: I move this so you could get it going. Mayor Ferre: Ok, call the roll on that motion. A motion to move for another... build another Domino Park somewhere else. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 80-880 A MOTION DIRECTING THE CITY MANAGER TO LOOK FOR A BETTER LOCATION FOR THE ANTONIO MACEO PARK (OTHERWISE KNOWN AS THE "DOMINO PARK"). Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre N096; None. 81 � 182 NOV 2 61980 64. REC01'ZIEND ESTABLISHMENT OF HOSPTTAL FACILITY AT TTIE OLD SHFLL CITY SITE Mayor Ferre: Alright, Father Gibson moves a resolution strongly urging and recommending approval by the Health Systems Agency in South Florida ' of the pending application for a permit to construct a new hospital facility to be located on the site of former Shell City Market. Mr. Lacasa: Second. Mayor Ferre: Alright, now into the record I want to put that Claude Pepper wanted to get out of the sick bed and come down here tonight and I told Marie to call Don and tell him not to come down, because he wanted to put on the record how strongly he feels the Black community deserves and should have a hospital within the boundaries of the Black community and that this is a matter that is long over due and that he very strongly supportive of. And let me put that into the record and if the Clerk would kindly send a copy of it to Senator Pepper so that he knows that his statement and his feelings were expressed here and that we hope he feels better. Further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-881 A RESOLUTION STRONGLY URGING AND RECOMMENDING APPROVAL BY THE HEALTH SYSTEMS AGENCY OF SOU11i FLORIDA, INC. OF THE PENDING APPLICATION FOR A PERMIT TO CONSTRUCT A NEI,' HOSPITAL FACILITY TO BE LOCATED AT THE SITE OF THE FORMER SHELL'S CITY MARKET, NORTHWEST 58-60TH STREETS BETI,'EEN 7TH AVENUE AND 6TH COURT, IN 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 Pluraner, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Would you send a copy of this to Rose Gordon or whoever it is that's the President of the Health Board that's opposing this so vigorously. Rev. Gibson: Mr. Mayor and members of the Commission I would like to ask Chief... are you... Mayor Ferre: I just want to make sure that the Clerk understands that you are supposed to send a copy of this to Rose Gordon and to whoever it is that the President of the Health Council. Mr. Ongie: Yes, sir. &I 183 NOV 2 6 1980 . IF; ). MISCL'LLANEOUS DISCUSSION: TAXI SAFE'i L J),� iCES CONFUTER BREAK1)0tr�iS AT M.P.D. on the an,l heard or, the radio and a iso read !.c iiewspap ar about t;'.c,, ca;;astt c,?1ac in Las Ver,as. I then beca;.Ie vs:..y Loi,cc_rned about :ai. situation here over against their situation there. It ,ii-0 that the maximinn number of floors that they in their ordinance: 11.d protection for was three. I would like for you to put my mind at ease. Since we are going up with all these multi -stories name it buildings... Mr. Plurruier: We got sprinklers. Rev. Gibson: Well, look, I just want it for the record so that if we don't have them I want to make a motion right now. Chief, you tell us the likeliness of such u situation taking place in Miami and if we have anything... any condition that would be like unto that I want to know. Chief B ice: Well, the South Florida Building Code provides that any building ever riA ty feet shoulu be sprinkled. That's new construction. And then over sevei,ty-five feet that it have a complete package in terms of fire safety which provides the control of the elevator, the fire control noon'., the sprinkler s ?stem, the alar-M system and so forth. So in new construc+:ioii and particularly in the City where the Building Department and the Firc Department are cooperating in doing the plans review which is very i.c:Ncrtanr_ that both departnivnts do that. I think I can assure you th.4A nc!w co,,:.tcucti.on in the City of Miami is being developed under a vary rid;�id i'ire Code. Mr. Fluarie::: Chief, that was... Chief btic,:. mk-,. Mr. P1unrier; lklelll, go ahead because that's... Chief Brice: In existing buildings a few years ago after the Almendale f ir'e tlIi.:, directed the Fire Department to develop some improvements in our local Fire Code to bring existing buildings at least better prepared to rope with that situation and we did that. We have provided in older b•,iildintis h.,rizont.al and vertical separations and done some other things with fire alane:i systums which has made the older structures safer. So we have dr,ne, I think, a good job in the old buildings, not as good as the new on.s, but. we are doing an excellent job in the new ones. But it's important than these buildings not only be provided and built according to the Code, but that it be maintained under the fire and that's some very im;)orr-nt: inspections that continue. But T can say to you that we have as best I understand a better Fire Code and Building Code than Las Vegas had. Mr. Pltu:a,er: Let me ask you this. Father it seemed like in Vegas the real crux was in the retroactivity of the ordinance. 1 would like to see fro:,, yoo, if in fact, for example, and a hypothetical how many buildings we have in t:,is city let's say that are above six floors that don't have sprinklet:e that are... Chief iitice. 'Phe majority of them. All the other... any building that was built before 19 say 70 and I will have to check that, say 1975 is not going to have sprinklers. They... Mr. Pluu1111er: But how many buildings do we have like that? Axe we talking about twenty? Ten? Chiei Erice: Ot that size no more than that. I really... let me research that. But are you talking about large buildings above six floors that don't havQ that? gl 184 NOV 2 b 1980 6 0 Mr. Plummer: Well, you know what I'm coming at. The snorkel will go six floors, the fire bird will go fourteen and the ladders will go nine, ok? Now, that I think is really the crux of the matter. Now, I would be concerned anything above ten floors and I would like to know how many buildings there are in this community that are above ten floors without sprinklers. Chief Brice: Ok. Mr. Plummer: And I think then we can realize the impact of passing an ordinance that say they have got to get it. Rev. Gibson: But J. L., I ... you know, when I saw what I saw I became frightened in a city like Miami knowing the kind of building program we have. I don't think we ought to only settle to have those... to leave . those buildings, say, to ten story buildings. I think we need to do an overall job and In all sincerity ask those people... at first ask them... I think everybody should have seen that horrifying experience. You know, I used to think that these Codes were, you know, being forced on me, but you know, what I have discovered these Codes are saving my life. And I think that we aught to find out how many of these tall buildings we have, certainly apartment houses that are not up to what is expected in 1980 and then we ought to start saving to the owners 11hey, we are going to give you "X" number of years or "X" number of days to correct this business and then say within a two vear period or a three year period you have done it all or we are going to close you down". Because when they get the... when they have that fire, number one, if a life is lost you can't bring it back. Number two, when people have to stress, I mean, all of us are hurt and it is not good publicity for the City. Now, they are talking about they are going to replace that building in "X" number of days and they are going back out there and all that stuff, that's a bunch of hog wash. So of those people will never forget_ that experience and I would hope that we could from what happened to them don't like that, but I would hope that we would profitfrorn it and that we take the necessary measures. Now, I know that's a lot of burden, but I .just came here today with horror in my heart about that thing and I wanted to know where we were in relation to that. Mr. Plununer: One other question. Chief, you know, may be we are harping and we are being over cautious, but you know, unfortunately, we see the operation of government is a lot by crisis and crisis brings home certain things. I would like, I think, in accordance with Father's wishes to know from you is there anything that this Commission besides the non -sprinkler buildings, is there any equipment that we should be looking at for purchase or acquisition for this city that would help alleviate that problem that we presently don't have. Now, I know you are not prepared, but I just really would like to go on record here asking is there anything that we don't have that we the Commission might want to consider as a priority item in the coming months. Ok? Chief Brice: Yes. TAXI SAFETY DEVICES Mr. Plummer: Mr. Mayor, I have some pocket item very quickly and I really am not going to press for an answer this evening. Mr. Mayor, I want to tell you and Commissioner Lacasa, you know, I travel this city every evening and I happened to be present at the murder of the cab driver on Miami Avenue and 7th Street... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Well, I was also present Mr. Mayor, the night before where the cab driver was shot under the 27th i::enue bridge in which we captured the man. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer. I was not present on Saturday when the man was shot at 17th Avenue and 40th Street. I was not present when the cab driver was robbed night before last on Southwest 8th Street armed robbery. I think gl 185 Nov 2 619 Qw 4 it is time Mr. Mayor, that as controversial as it was that this City needs to take another look at those proposals made some years ago of the protection for drivers. Times change. And I think times change and as they do and unfor.t:linately the situation here has not got are better. Possibl- y there are other devi(.:::s that have come tin the narke' , because I'm sure every ?S E_"periE:nv:hig tho same, wok_flc, like to address that a;s 'V, ''Oof s i.b l_'9 , Mr. Fosmoen. you heve on the uot)ks an ordinance requiring dpvicF between tc;e back seat and the front seat and you have .,11 ;.he books a -tyulr:emeut for a drop safe. About the time that you passed ciIOSC oAdii,bnces we got into a major flap with the County about who was going to control taxicabs as of a month ago or so. Yes, correct. hi . V-1 waver: Right. 24r.. Fosmoen: And there was an injunction filed against the City prohibiting us from implementing those ordinances. :`;� , :'L:r: %ased on the Metro take over.. Mr, c,<- :oen: Now, we are back to square one, so I think that what I need to (,o i:: dirc`' tlic Police Department to implement through its taxicab Division, Implen nt those ordinances. They are on the books. hr. Plttm r_r: Well, my only concern with that is there something on the warket todag better than what we passed before? 'Mi . Fos:nocn: 71t C I don' c. know, Cormissioner, but I need to bet with the Law Department and Police Department. Mr. Plummer: Alright, well, you will give us an answer back on the 17th? Mr. rostzocn: Ye_-, sir. XTDIA P1:!NF NG IN LOADING ZO\TS IN THE DNTNTOWN AREA Mr. 41r ght, the other thing... this is a minor thing and you can tern it ooev co the Police Department. You will recall the direction Or %_Us 10 relation to the media's availability of parking in loadiul, ones. We w,,ro give,: reason to balieve that they would be allowed to park .in to dirg zones in the Downtown area. As of a week ego someone has chz.pi,c4J s:i ,- policy and they are now being ticketed. I would like to halvk, 4 ; c> ,art t.;..,Ck oil the 17th telling we how that situation happened and what you are acing, to correct it. COMPUTEF )R .VJX)I&S AT M.P.D. ti . Fluum:er: The final thing that I went a full report on is the micro ti_oitG.l cowpute-,s in the Police cars. Mr. Fosmoen, it is my feeling that, that aysttLu ii c:.+:ally, totally not working. I hope that you will come back with a parer telling me I'm wrong and proving to me I'm wrong. This city paid du Lwful lot of money to be a pilot model in something which I feel is not working. :nose computers were down all yesterday, part of last night and the dispatchers are now at the mercy of the computers. We have 80t encugh problems without an experimental situation. If it weanb the c we pull back off for six months, then let's do it. I would like a report Lack or. the 17th of December giving me some factual information because I tight be Triking some serious decisions on the 17th. 5o I will leave it at that, you develop your paper. Mr. Fua.aaen; Ok. I'^, aot sure that we can get you a full report, but we will. get you some preliminary data... (INAUDIBL:E). Mr. Plummer: Well, I hope that you will get me a full report because I want to tell you, I'm prepared to make some decisions on the 17th and 186 1 140V 2 61wo 080 0 offer some motions. Mr. Fosmoen: We will get you whatever information we can, Commissioner. Mr. Plummer: I have nothing else. 06. ALLOCATE $1,200 PLUS MEAL EXPENSES FOR PERSONS TO TRAVEL TO INSPECT SITES OF DOWNTOWN PEOPLE MOVER INSTALLATIONS Mayor Ferre: We have a... the County Commnission is sending the Mayor and three Commissioners and the County Manager, two staff people from Dyer's Office on a trip from December the 6th through the 12th which is six days. There are going to Leal, France, Kingston, Ontario and Atlanta, Georgia to look at Westinghouse, U.T.B.C. ano Matra Otis which are the three proposers for the People Mover and I think it's really essential that we have at least one member of this Commission and I would propose, number one, Father Gibson and number two, J. L. Plummer. Mr. Plummer: Well, J. L. can't make it, so designate somebody else. Mayor Ferre: And number three, Armando Lacasa. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I will tell you it's... I'm going to tell you something, it's not a nice trip. In case any of you have dreams of having a hell of a nice time it's a horrible industrial city and you are going to make three Countries and three Cities in five days and at the end of the trip you won't even know what city you are in. Believe me, I have made those kind of trips and about the third or the fourth day when you wake up in the morning it takes you about twenty minutes to figure out where you are. And it's a tough trip, but if... I think it's important that somebody from this Commission go and see these people movers and these transportation systems. And I definitely think the Manager should go and I definitely think Roy Kenzie from the DDA should go. Rev. Gibson: Well, at least we know those two. Mayor Ferre: Well, I think that two members either from the Commission and from staff should go along with the County Manager and the County Commission. So is there a motion? It cost twelve hundred dollars per person. Not including meals, but you won't be eating very much. So don't worry about that. Is there a motion? Rev. Gibson: Move. Mayor Ferre: Is there a second? Mr. Lacasa: Second. Mayor Ferre: Call the roll. Two people I think is all tae need to send. Mr. Plummer: Well, wait a minute now, you know. Does the motion include twelve hundred dollar allocations? Mayor Ferre: Sure. Mr. Plummer: Plus food expenses? Mayor Ferre: Yes. Mr. Plummer: Plus food? 1.87 NOV 2 61980 gl • Mayor Ferre: Absolutely. Mr. Plummer: Ok, I don't want anybody to be out of pocket. The follcwing motion was introduced by Commissioner Gibson, who moved its adc:ptlon. MOTION NO. 80-882 A MOTION DIRECTING THE CITY ;MANAGER TO ALLOCATE FUNDS IN THE AMOUI:T OF $1, 200 PER PERSON PLUS MZAL EXTENSES FOR TWO CITY COMMISSIONER AND THE CITY YANAGER AND THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO TRAVEL TO SEVERAL FOREIGN CITIES TO EitA.'•`,INE 1NS kAL; AT 0XS OF DOWNTOA'N PEOPLE MOVER SYSTEMS; SUCH EXAMINATION TRIP RECOn ENDED BY DR. JOIiN DYER OF METROPOLITAN DADE COUNTY TRANSPORTATION DEPARTiENT . Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor An-aando Lacasa Mayor INaurice A. Ferre NOES: None. 67. FIRST d SECOND READING ORDINANCE: AMEND SECTION' 56-55 OF hF COL E: I2:CRI-ASE FARE FOR JITNEY BUSES TO 60� M�iyor Ve.rre: Now. we also hare the Jitney thing that we have got to vote _ upon. An ordinance which... Father Gibson moves, Lacasa seconds, read the ordinance. Further discussion, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 56-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENTDED, BY PROVIDING THEREIN FOR AN INCREASE IN THE FARE CHARGED BY ALL HOLDERS OF CERTIFICATES OPERATING FOR -HIRE CARS (JITNEY BUSES) FROM 50c to 60c; CONTAINING A REPEALER PROVISION AND A SEVERABILITT CLAUSE AND DISPENSING WITH THE REQUIREIIENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THIE r ERS OF THE COMMISSION. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City.Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and 81 188 NOV 2 6 1980 s seconded by Commissioner Lacasa, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9210 - The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. ADJOURNMENT: There being no further business to come before the City Commiesion, on motion duly made and seconded, the meeting was adjourned at 9:45 O'Clock P.M. MAURICE A. FERRE M A Y 0 R ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK gl NOV 2 61980 - cry of 1AM-1 9, r' QFi a ..;—+ '� nconc, Oa�TEO j�MEETING DATE: t €3 9 f3 Q ' ITEM N4 DOCUMElIDENTIFICATION CommisSION RETRIEVAL ACTION CODE NO. 1 (;O'Fl I SS I ON ,A(;ENI)A AND CITY CLERK REPORT 0008 2 RENAME DI XIE PARK IN HONOR 01: THEODORE R. GIBSON R-80-839 80-831) 3 ELECT TilEl()DORE R. GIBSON VICE -MAYOR OF THE CITY OF ?1IANI R-80-840 80-840 4 Al?1'HORi7,E CITY MANAGER TO NEGOTIATE. CONTRACT: 1'lll'CHOLO(;ICAI. SE:RVICL'S FOR MEMBERS OF MIAMI POLICE 1)LPAR"I'MENT R-80-84 7 80-854 7 5 I.XECI'TI' CONTRACT: STRESS CONTROL. TRAINING COURSES FOR P(ti_ICI: OFFICERS IN DADE AND MONROE COUNTIES R-80-848 80-848 6 AUTHORIZE, AGREEMENT WITH MARINE STADIUM ENTERPRISES IN('. 1.LASE AND OPERATION 01' PARCEL B (DINNER KEY ?1;AR R-80-851 R O-R5 l 7 E:};LCI'"11 A(;REI;?1F.N"I:IiISCAI'NE RLCREATION DFULOPMENT ('O'•;P,A'�'i 'tA'�AGI.�iLN'1' OF D] �'NER KEY MARINA K-80-853 80-853 R N1;GOI IA"I IC)NS WITH SEA ESCAPE OF MIAml , INC. FOR LEASE OF PARCEL A"A MIAMI MARINE STADIUM R-80-854 80-854 9 EXTI N'SION OF AGREE^11:N"I'-CONSTRUCTION MANAGEMENT ?IIAMI CENTER ASSOC IATES,INC. R-80-855 80-855 10 INCREASE SCOPE OF TURNKEY CONTRACT AND AUTHORIZE PARKING GARAGE TO BE, BUILT AS DESIGNED BY I.M. PEI IZ-80-856 80-856 ] l ;AI.LOCA'I'I ADDITIONAL FUNDS N.T.E. $200,000 FERENDINO, GE:AI-I'ON, SPILLIS, CANDELA, ARCHITECTS, ENGINEERS- PLANNLRS.CONVENTION CENTER ,, R-80-857 80-857 12 AMF.NDME:NT. EXISTING AGREEMENT:FERENDINO, GRAFTON, SPILLIS, CANDEI.A.DESIGN OF INTERIOR SPA('1'_S.CONVI:N'1'ION Cf:N'CER R-80-858 80-858 13 APPROVE AGREEMENT: WILBUR, SMITH AND ASSOCIATES, INC. PROFESSIONAL DESIGN AND CONSTRUCTION OF PROP(1SED DOl'N'1OhN GOVERNMENT CENTER .',IRKING PROJECT R-80-859 80-859 14 API'I;OVF: A(;REEMENT. .WNI''S 1.. I.OI,'ERY, INC. FINANCIAL. ADVISORY SERVICES. PROPOSE.) DOWNTOWN GOVERNMENT CI"'N 1 1IR PARKING PROD EC I, R-80-860 80-860 15 A(;RI'_1--11;•l : KIMLEY, HORN AND ASSOCIATES, INC. I'LAS I h 1 I.I'I Y S•I UDI ES IN CORE AREA WEST R-80-861 80-861 10 DOk'NTOItN DEVELOPMENT AUTHORITY NF-I'S1: DI.A'I:LOI't11:N7' STUDY OF MUNICIPAL AUDITORIUM. 1iAV'1'RO';I PARK R-80-862 80-862 17 1'RtiV'IUI: FINANICIAI. ASSISTANCE TO SIX NEIGHBORHOOD AGENCIES. START UP: ECONOMIC DEVELOP''il'iT R-80-863 80-863 T04 NO. DOCUMENT IDENTIFICATION °'- _.1lTL� _ _ _ , lI:,A1; C.D. S \DJl'S"1�ilal ASSITANCE, (;RANT: BONDS/LOANS MINORlrl)l CONTRACTORS PURCHASE IN LIEU OF CONDEI,LNATION: 7 LOTS ZONED R-3 N.W. 15 AVENUE ill"'l El"'N 57TH AND 58TH STREETS R-80-865 TRANSFER RIGIE•l' OF [;AY ON CORAL. WAY-S.W. 13TH STREET S.W. 3RD AVENUE AND S.W. 22 STREET TO SPATE OF FLORIDA E;-80-866 I RESCIND AWARD OF CONTRAC"C: AERO PRODUCTS, INC. FOR 3 CUSTOM RGSCIIB AMBULANCES AND DIRECT CITY MANAGER T( READVERTISI. R-80-867 22 CLAI111 ST'I'T,E LENT - .I. PILL^IAN P17ARSON R-80-868 23 HEALTH AND ILIPPINESS TO ISAMU NOGL'CHI ON HIS 76TH BIRTHDAY R-80-869 24 AU"I'HORI7.E INCREASE IN ItiORK-LGH CONSTRUCTION CORP. FIRE STATION NO. 14 R-80-870 .)5 BID ACCEPTANCE Ol: DMI' CORPORATION. WESTERN DRAINAGI: PROJECT E-50 R-80-871 'h BID ACCE'PTANCE.PNM CORPORATION FOR CENTRAL DRAINAGE PROJECT E-49 R-80-872 27 AUT1I0RIZ}, AGREEMENT WITH MIAMI DADE EATER AND SEI:EE; AUTHORITY FOR CONS"I'RUCTION OF SANITARY SEG:AGE FACILITIES. CONVEN•IION CENTER PARKING GARAGE R-80-873 28 ACCEPT BID-FRISA CORPORATION. COCONUT GROVE Co^L,IUN ITY DEVELOPMENT PAVING PROJECT. PHASE III R-80-874 29 RESI'I.•CS OF CHARTER XME.NDMENT ELC'I'ION HELD NOV1:^1B1'.}; 4. 1980 R-80-875 30 AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENT: MI:I'1\0POL, ITAN DADS COUNTY . POWER TRACT STATION SANTA CLARA.TRANSIT STATION R-80-876 •31 EST'ABL I SHAIENT OF HOSPITAL, FACILITY AT THE OLD SHELL CITY SITE R-80-881 80-8h4 80-86 5 80-866 80-867 80-868 80-869 80-870 80-871 80-872 80-S73 80-874 80-875 80-876