HomeMy WebLinkAboutCC 1979-12-05 Minutes�oM��ssion�
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY
CITY
RALPH G. ONGIE
CITY CLERK
IND
ONAINEREP8Rma
REGULAR CITY COMMISSION MEETING DECEMBER 5, 1979
SUBJECT
QRDINANCE OR
RESOLUTION MO
FIRST READING ORDINANCE: AMEND 39-16,1 OF CITY CODE -
REVISE FEES CHARGED FOR CHILD DAY CARE PROGRAM
MIAMI-DADE LIBRARY SYSTEM
a - PERSONAL APPEARANCE: MARCIE ERSOFF, CHAIRMAN
b - APPOINTMENTS TO THE LIBRARY SYSTEM BOARD
DEFERRAL OF CONSIDERATION OF SECOND READING ORDINANCE-
REPEAL OF ORDINANCE NO. 8994, WHICH ASSESSED FEES FOR
SPECIAL OFF -DUTY POLICE SERVICES, ETC.
DISCUSSION OF THE PROPOSED "LUMUS ISLAND" LAND TRADE
WITH METROPOLITAN DADE COUNTY
REPORT ON PENSION LITIGATION AND RETENTION OF LAW
FIRM OF SPARBER, SHEVIN, ROSEN, CHAPO.AND
HEINBRONNER IN THE AREA OF PENSION SYSTEMS STRUCTURING
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 2 OF
8719-ESTABLISH NEW TRUST & AGENCY FUND ENTITLED
"MIAMI POLICE COMPREHENSIVE CRIME PREVENTION PROJECT.
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 1 OF
9000 TO PROVIDE FOR THE DADE COUNTY COMMUNITY SCHOOLS
PROGRAM
FIRST AND SECOND READING ORDINANCE: ESTABLISH TRUST
AND AGENCY FUND ENTITLED: "PARK AND RECREATION
PLANNING GRANT".
SECOND READING ORDINANCE: REPEAL SEC. 50-79 OF THE
CODE-"MIAMARINA" AND SUBSTITUTE NEW SECTION ENTITLED
"MIAMARINA DOCKAGE RATES"
SECOND READING ORDINANCE : AMEND SEC. 21-9 OF THE
CODE -"LOT CLEARING PERMITS", BY INCREASING LOT
CLEARING PERMIT FEE AND INCREASING ADMINISTRATIVE
PROCESSING COSTS.
SECOND READING ORDINANCE: ESTABLISH FORMULA IN
DETERMINING FEES FOR SPECIALIZED INSTRUCTION AND.
PROGRAMS OFFERED BY THE DEPARTMENT OF LEISURE
SERVICES.
FIRST READING
M-79-825
M-79-826
DISCUSSION
(See later
formalized R-
79-849)
R-79-828
ORD.9025
ORD. 9026
ORD. 9027
ORD. 9028
ORD. 9029
SECOND READING ORDINANCE: AMEND SUBSECTIONS (b)
(c) (d) OF SEC. 39-1 OF CODE -INCREASE FEE SCHEDULES
FOR USE OF RECREATIONAL FACILITIES.
SECOND REAI)INC ORDINANCE: AMEND SUBSECTION (b) OF CODE
REVISE FEE SCHEDULES FOR USE OF THE SHOWMOBILE BY
QUASI -PUBLIC ORGANIZATIONS.
SECOND READING ORDINANCE: AMEND SEC. 39.13.1 OF THE
CODE -ALLOW MIAMI SPRINGS RESIDENTS OF THE CITY
RESIDENT RATES FOR ANNUAL MEMBERSHIP IN MIAMI COUNTRY
CLUB,ETC. RESTRICT REDUCED GREEN FEE RATES DURING
WEEKDAY HOURS,ETC.
SECOND READING ORDINANCE: AMEND ORD.8740 WHICH CREATED
THE DEPARTMENT OF CITIZENS SERVICES TO CHANGE THE
NAME 'I'O "THE DEPARTMENT OF COMMUNITY DEVELOPMENT"ETC
ORD. 9033
ORD. 9034
11
PAGE N0,
MI
1
8-15
16
20
21
22
22
26
ITEM NO.
II�X
CIlY1COpMISSIQNM1i, FIARIA4
REGULAR CITY COMMISSION MEETING DECEMBER 5, 1979
SUBJECT
PAGE #2
QRDINANCE OFj
SOLUTION 1110+
PAGE NO,
16 DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE DISCUSSION 27-28
AMENDING THE ORDINANCE WHICH CREATED THE DEPARTMENT
OF LEISURE SERVICES BY REDISTRIBUTING FUNCTIONS
AND RESPONSIBILITIES
17 DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE DISCUSSION 29
CREATING THE DEPARTMENT OF PARKS, PROVIDING OF
APPOINTMENT OF DIRECTOR AND PRESCRIBING FUNCTIONS
(AGENDA ITEM NO. 12)
ERNEST R. BARTLEY AND MR. R-79-829 29
18 FREDERICK BAIR-REVISIONAUTHORIZE AGREEMENT HOFRCITY'S COMPREHENSIVE
ZONING ORDINANCE.
19 DEFERRAL OF CONSIDERATION OF DISCUSSION ON THE
DISCUSSION 29
ACQUISITION OF TWO APPRAISALS TO ESTABLISH WHAT
FAIR RETURN WOULD BE ON POSSIBLE LEASE OF MARINE
STADIUM, ETC.
20 CLAIM SETTLEMENT: JOSE BALSA-$9,500.00 IN SETTLEMENT R-79-830 30
OF ALLEGED DISCRIMINATION.
21 DISCUSSION OF PAYMENT TO ADVERTISING FIRM OF NEW DISCUSSION 30
YORKERS ANONYMOUS $42,415.75 FOR "ADVERTISEMENTS
AND AD PLACEMENTS REGARDING ECONOMIC DEVELOPMENT FOR
THE CITY".
21.1 URGE FEDERAL GOVERNMENT AND/OR STATE OOFSFFLORIDA
D LANDS R-79-831 31
TO ACQUIRE PRIVATELY OWNED UPLANDS
NORTH AND WEST OF BISCAYNE NATIONAL MONUMENT TO EXPAND
BOUNDARIES.
22 EXTEND HOURS OF SALE FOR EATABLISHMENTS DISPENSING R-79-832 31
ALCOHOLIC BEVERAGES DURING THE CHRISTMAS AND NEW YEAR
HOLIDAYS
23 ACCEPTING THE WAIVER OF "REVERSIONARY DEED
R-79-833 32
RESTRICTIONS" ON LEASING PORTIONS OF WATSON ISLAND
24 EXTEND AMENDED AGREEMENT BETWEEN CITY AND DIPLOMAT R-79-834
WORLD ENTERPRISES,LTD. FOR SERVICES AS "DEVELOPER/
OPERATOR FOR TEH WATSON ISLAND PROJECT".
25 EXTEND TERM OF INVESTMENT BANKING AGREEMENT BETWEEN
CITY AND "PRESCOTT, BALL & TURBEN AND BLYTH EASTMAN
DILLON & CO. INCORPORATED" FOR SALE/ISSUANCE BONDS
FOR WATSON ISLAND PROJECT.
26 DETERMINATION, IN NUMERICAL TERMS, OF THE WATSON R-79-837
ISLAND PROJECT, AS REQUIRED BY CIRCUIT CT. BOND
VALIDATION JUDGMENT.
27 REVISE AND APPROVE RIGHT OF DEVELOPMENT TO MIAMI CENTER R-79-838 37
ASSOCIATES,INC. PROVIDING FOR NOTICE TO MIAMI CENTER
ASSOCIATES INC. FOR CITY'1S INTENTION TO DEVELOP DALLAS
PARK HOTEL SITE.
28 APPROVE AGREEMENT BETWEEN CITY AND MIAMI WORLD TRADE
CENTER ASSOCIATES, LTD. AS DEVELOPERS OF AIR RIGHT OF
CONVENTION CENTER GAR AGE INTO "WORLD TRADE CENTER",
PROVIDING FOR FIRST REFUSAL RIGHTS IF NOT EXECUTED
W1PHIN A CERTAIN PERIOD OF TIME.
R-79-835
M-79-836
R-79-839
ITEM NO,
CIIYICONMIIMANI, FLllRID4
REGULAR CITY CCOMMISSION NETTING DECEMBERS, 1979
SUBJECT
gORDINANCE 0�
RESOLUTION O.
29 CONSENT AGENDA
29.1 ACCEPT BID: CENTRAL STATIONERS,INC. $91,000.00
(OFFICE FURNITURE AND EQUIPMENT)
29.2 ACCEPT COMPLETED WORK: MIRI CONSTRUCTION,INC.
$1,874.12 (FOR BUENA VISTA SANITARY SEWER
MODIFICATIONS -PHASE III, BID "C")
29.3 ACCEPT BID: FRISA CORPORATION $726,997.50
WEST END STORM SEWER PROJECT
29.4 ACCEPT BID: BOYNTON PUMP AND SUPPLY CO., HECTOR
TURF AND GARDEN, AND PENINSULAR SUPPLY CO.
$7,720.21 (FOR IRRIGATION MATERIALS -PARKS
DEPARTMENT)
29.5 ACCEPT BIDS: MASZK'S WORK SHOP, P & B ENTERPRISE
3-D INVESTMENTS, INC. AND TROPHY RELOADING.
$30,208.46 (AMMUNITION FOR THE POLICE DEPARTMENT)
29.6 PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTIONS
TO ACCEPTANCE OF COMPLETED CONSTRUCTION OF "SILVER
BLUFF SANITARY SEWER IMPROVEMENT SR-5413-C (CENTER
LINE AND SR-5414-S (SIDELINE).
29.7 ACCEPT COMPLETED WORK: T and N CONSTRUCTION COMPANY,INt
OF CULMER SANITARY SEWER MODIFICATIONS -PHASE III)
30 DISCUSSION ON THE VICE-MAYORSHIP
31 DISCUSSION OF INCREASE OF RICK SISSER'S SALARY
(CITY OF MIAMI LOBBYIST IN TALLAHASSEE)
32 DISCUSSION AS TO SCHEDULING OF REPORT FROM ROBERT
KRAUSE ON THE CHANGES OF THE CIVIL SERVICE RULES
AND REGULATIONS.
33 DISCUSSION BY CITY ATTORNEY OF THE GATES LITIGATION
34 COMMENDATION BY COMMISSIONER J.L. PLUMMER, JR..OF THE
POLICE DEPARTMENT OF PROTECTION TO DOWNTOWN
MERCHANTS.
PRESENTATIONS, PROCLAMATIONS ADN SPECIAL ITEMS
36 APPROVE ONE YEAR EXTENSION OF VARIANCE AND CONDITIONAL
USE REQUESTED BY DEVELOPER OF MIAMI CENTER (BALL
POINT).
AUTHORIZE EXECUTION OF AGREMMENT WITH DADE COUNTY
PROVIDING FOR EXCHANGE OF VARIED INTERESTS INCLUDING
FEE SIMPLE TITLE TO CERTAIN PROPERTIES OWNED
BY EACH OF THE GOVERNMENTAL UNITS, ETC.
35
'S7
R-79-840
R-79-841
R-79-842
R=79-843
R-79-844
R-79-845
.R-79-846
M-79-847
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
R-79-848A
R-79-848B
R-79-849
PAGE it':
_
PAGE N0,
38
39
39
39
39
40
40
40
40
41
42
61
ITEM N0,
IX
CIIYISSIQV OF MIAMI, FLORIDA
REGULAR CITY COMMISSION MEETING DECEMBER 5, 1979
SUBJECT
PAGE #4
DINANCE
sOLUTION°L. PAGE NO,
38 AUTHORIZE ISSUANCE OF DEVELOPMENTAL ORDER, APPROVE.
(AS MODIFIED) EXPANSION OF PORT OF MIAMI, DEVELOPMENT.
OF REGIONAL IMPACT FOR LUMMUS, SAM'S ISLANDS AND BAY
BOTTOM LOCATED ON BISCAYNE BAY JUST SOUTH OF WATSON
ISLAND, ETC. SUBJECT TO CONDITIONS.
39 AUTHORIZE CITY MANAGER TO PAY THE FIRM OF "NEW YORKERS
ANONYMOUS" SUM OF $42,415.75 FOR CREATIVE AND
PRODUCTION COSTS IN DEVELOPMENT OF VARIOUS
ADVERTISEMENTS FOR OFFICE OF TRADE AND COMMERCE
40 CONTINUED DISCUSSION OF ONE-YEAR EXTENSION OF VARIANCE
AND CONDITIONAL USE REQUESTED BY DEVELOPER OF MIAMI
CENTER (BALL POINT). .(PLEASE SEE RELATED LABEL NO.36
ABOVE)
41 DISCUSSION BY COMMISSIONER J.L. PLUMMER, JR. IN
CONNECTION WITH PAYMENTS TO TER PENSION SYSTEM
AND THE PENSION PLAN.
42 DISCUSSION OF APPROPRIATE RECOGNITION OF TEH YEARS OF
SERVICE OF ROSE GORDON IN THE CITY COMMISSION
43 RESOLUTION APPOINTING AND DESIGNATING MAYOR MAURICE
A. FERRE AS CITY'S REPRESENTATIVE TO SERVE ON THE
BOARD OF DIRECTORS OF THE DADE COUNTY LEAGUE OF
CITIES, INC. UNTIL. JUNE 1980. (REPLACING COMMISSIONER
ROSE GORDON)
44 RESOLUTION URGING THE CUBAN GOVERNMENT TO RELEASE
ALL POLITICAL PRISONERS IN CUBA,WITHOUT EXCEPTION.
45 AUTHORIZE CITY ATTORNEY TO HIRE LAW FIRM OF PAUL,
LANDY, AND BEILEY TO REPRESENT CITY IN TRIAL AND
APPELLATE LEVEN IN THE GATES CASE, ETC.
46 INSTRUCT CITY MANAGER TO EXPLORE POSSIBILITY OF THE
CITY OF MIAMI OPERATING ITS OWN HOUSING URBAN
'DEVELOPMENT AGENCY
47 AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MR. RICK SISSER AS LEGISLATIVE LIAISON
REPRESENTATIVE TO REPRESENT CITY OF MIAMI IN ALL
LEGISLATURE SESSIONS, ETC.
62
63
65
68
68
R-79-850
R-79-85.1
DISCUSSION
DISCUSSION
M-79-852
R-79-853
R-79-854
R-79-855
M-79-856
MINUTES OF REGULAR MEETING OF THE
'CITY COMMISSION OF MIAMI, FLORIDA.
* * * * * * * *
0n the 5th day of December 1979, the City Commission of Miami, Florida, 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 9:10 A.M., by Mayor Ferre with the
following members of the Commission found to be present:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G.. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then led those
present in a pledge of allegience to the flag.
A motion to waive the reading of the minutes was introduced and
seconded and was passed unanimously.
1. FIRST READING ORDINANCE: Amend 30-16.1 of City Code -
REVISE FEES CHARGED FOR CHILD DAY CARE PROGRAM.
Mayor Ferre: We'll start with item 14. Who wishes to explain that?
Mr. Al Howard: Good morning Mayor, Commissioners, this is the item on the Day
Care fees which we had brought up in September and you asked us to bring it back
in December and to discuss this with the Day Care Committee. We have come to an
agreement on the fees which we feel are moderate and that the parents can afford
and we feel that it will help the Day Care Program to raise additional fees and at
the same time not put any burden unto the....
Mayor Ferre: Ann, do you agree with these?
Ms. Ann Wilson: Yes, sir, and specially because they are not going to affect the
families that are there now until September, so that the families that are now
on the program will not be affected by the fee raise.
Mr. Plummer: I move 14.
Mayor Ferre: There is a motion by Plummer, there is a second by Gibson,
discussion, call the roll on 14.
(WHEREUPON, THE CITY ATTORNEY PROCEEDED TO READ THE ORDINANCE, BY TITLE ONLY,
INTO THE PUBLIC RECORD)
31
DEC 51979
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTION 39-16.1 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF REVISING
THE FEES CHARGED FOR; THE CHILD DAY CARE PROGRAM; CONTAIN-
ING A' REPEALER CLAUSE AND A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and`seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Vice Mayor Armando Lacasa
Commissioner Joe Carollo
y,l. ali �1 �,'ti�.niY-...:,:kf•+ry., V.f.'.w ��
2. MIAMI-DADE LIBRARY SYSTEM.
A. PERSONAL APPEARANCE: Marcie Ersoff, Chairman.
B. APPOINTMENTS to the Library System Board.
11,
Mayor Ferre: Take up item B which is a Report on the Miami -Dade Library System.
Discussion of a replacement. Marcie, we are always happy to see you.
Ms. Marcie Ersoff: Good morning, Mayor, Commissioners. I am here once again as
promised to deliver my annual. State of the Library. Message to the City Commission.
During the past year it hardly seems like a year has gone by since I was here
last year. The Miami -Dade Library Svstem has seen its fifth new facility open
ad anticipates a total circulation of three million by the end of the year. At
the same time the Dacade of Progress Building Program has been moving forward.
The refurbishing and upgrading of service in the inner. City and Latin Community
has gone ahead with added vigor. We are very proud of the fact that. the Hispanic
branch, while continuing to serve as a local point for Latin information and needs,
has also increased its role as a facilitator of bi-cultural relations by its;am-
bitious programming and community out -reach effort. The program includes every-
thing from puppet shows to literary evenings in which both children and adults
participate. The measure of success is apparent in the statistics which show
that over 3,364 new or renewed library cards were requested. Almost 80,000
books and other items circulated and more than 3,500 people attended 222 program.
Certainly, a record to be proud of.
In addition to the activities of the Hispanic branch, the library system has
pursued massive out -reach by the main library in both the South Dade and North
Dade Regionals. This has included Spanish language programs and materials and.
the development of accumulative bibliography of Spanish books and acquisitions
which will be updated on a regular basis. Many Library staff members have taken
the two -week County -Spanish immersion course so that they can improve their abili-
ty to serve the Latin community. We recently completed a pilot program at the
Dixie Park Branch Library which concentrated in community involvement. This pro-
ject doubled the use the Library and as a direct result a professional librarian
has been assigned to coordinate a similar program, five branches, located in the
City of Miami: This not only frees the staff to give more time and individual
attention to patrons who use this branch but insures an.aeeresolve effort to
improve service in these neighborhoods and make the Library an integral part of
communiy life.
Painting, roofing and other repairs as well as replacement of furniture, and
equipment has also been a of the improvement push. Coconut Grove and Little
River branches arc involved, as is the Dixie Park branch which will be, remodeled'.
as start of our cooperation with the City of Miami's redevelopment project in that
area. the Model Cities branch located in the Joseph'Caleb Center has continued to
shine a:: an example in the current Library facilities which respond to its com-
munity and then challenges its users to demand ever-expanding services. In ad-
dition to innovative programming it operates a mini -bus which visits parks, Play-
grounds in numbers among its most ardent users, the senior citizens of the James
B. Scott Community Association.
Another mobile unit of the library which is in constant demand in all City of
Miami areas is the Art Mobile, our gallery on wheels, which takes fine art exhibits
to all kinds of locations in Miami and the rest of Dade County.
32
DEC, 5 1979
We also count to visit the childrens' classes to the public library as a
distinct contribution to the educational process as well as our close relation-
ship with the art coordinator for the Dade County School System. In addition,
the Library maintains a close working relationship with several other City of
Miami Departments; the Park and Recreation Department, the Downtown Development
Authority and the Silkscreen Workshop are three City Departments which cooperate
with the Library on an on -going basis to better serve the citizens of the City of
Miami.
And last, but certainly not least, we are all anxiouslylooking forward to
the Spring groundbreaking of the new main Library. This complex, designed by
internationally known architect Phillip Johnson, is an exciting new facility
located in Downtown Miami, will certainly bring the Miami -Dade Library System
and the City of Miami well deserved national regonition
Mayor Ferre, can we also consider the two vacancies out of order at this
time while I'm here to address the issue?
Mayor Ferre: Yes, what number is that?
Ms. Ersoff: It's item 3.1.
Mayor Ferre: All right.
Mr. Rrsoff: I'd like to point out at this time for the benefit of...to remind the
old Commission and for the benefit of the new Commissioners that the procedure
which was adopted by the City of Miami and the County for appointing Library Board
members was changed last year and the new ordinance calls for three seats on the
Miami -Dade Library Board for the City of Miami. The procedure is that the Library
Board nominate three citizens residing in the City of Miami and the City Commission
appoints one of them. Then that name goes to the County to be ratified. I'd
also like to point at the same time that with the ever-expanding County Library
System, the push and the construction and the development in all areas of the
county, the City of Miami is the only municipality that has three designated seats.
Mayor Ferre: Well, I think there is good cause. The reason for that is that in
the first place the Library System exists because we turned over our Library with
over a million volumes.
Ms. Ersoff: Well, myself as the representative of the City of Miami, I' am pleased'
to see that becuase we are continuously aware of the needs of the City and are
there to protect the City's interests.
Mayor Ferre: Marcie, let me just take 30 seconds and explain to our new Com.
missioner, Joe Carollo, that the history os this Joe is that the City of Miami
turned over to Metropolitan Dade County the Library System about 7, or 8, or 9
years ago. When we turned it over at that time it wasn'st'just a City Library
System because it had grown and it was servicing the county but it belonged to the
City and the City had a contractual relationship with the County where we rendered
a Library service and the City was reimbursed by the County and Commissioner Robert
Christie who honors us with his presence here was amongst those who turned over
the -Library to Metropolitan Dade County in another one of the City of Miami's
give-away programs and I might say that I was there too. But the fact is that we
had todo it because it had to be expanded and we just didn't have the money and
we weren't really doing the job that needed to be done in the outlying areas that
were growing so tremendously but one of the conditions that we put was that out
of the nine Board members, the City of Miami would have the right to select three
Now, the three, as Marcie just explained, the three that are selected as they recom-
mend and then we either approve or reject. So tell us what your recommendations are.
Ms. Ersoff: Just before I do that I just might point out that I go back a long.
way too. I was on the old City of Miami Board and one of the contractual agreements
in the turning over of the City's system was that the three members of the old City
Board be retained on the County Board. And it is a coincidence that Mr. Christie
is here this morning because he is the one that got me into all.of this, he appointed
me to that original City of Miami Board. There is one vacancy, the first vacancy,
Mrs. Helen Muir's seat on the Board. We unanimously recommend Mrs. Muir's reappoint-
ment Mrs. Muir, as you know, is one of the old grand dames of the Miami area. She
has recently brought the City of Miami additional honor by being named by Secretary
of:State-Firestone to the State Library Board, and she is really Mrs. Library in
padu County.
Mnyor Fern": Wasn't she the one. that really started the Miami Library System?
Ms. Ersoff: Well, she has been involved in the Library System, I think since
33
DEC 51979
its inception in Miami and she is the one that worked, I think, too to bring
'about the Miami System and the County:system, she's been very instrumental in
--. that' development.
Mayor Ferre: And who's your second recommendation?
Ms. Ersoff: And the: second recommendation is to fill a vacancy of a resignation
by Dr. Faye Walker and we are recommending a Mr. Edmond Taylor Henry, an attorney,
who resides in Coconut Grove:to fi11 that spot. We find ourselves in Crying to,
maintain a hi-Cultural'ethnic representation on the;Board, we find ourselves in`
dire need'of a white, American male.
Mayor Ferre: That's a switch, is there a motion? Moved by Gibson and that in-
cludes Mrs. Muir?
Rev. Gibson: Move.
Mayor Ferre: Moved by Gibson, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Is there further discussion? Ca11 the roll.
The following motion was introduced by Commissioner Gibson, who moved its
adoption.
RESOLUTION NO. 79-825,.
A MOTION APPOINTING MRS. HELEN MUIR AND MR. EDMUND TAYLOR
HENRY TO THE LIBRARY ADVISORY BOARD.
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: None.
Ms. Ersoff: Thank you Mayor, Commissioners, see you next year.
4
3. Deferral of consideration of Second Reading Ordinance- Repeal
of Ordinance No.8994, which ASSESSED FEES FOR SPECIAL OFF -DUTY
POLICE SERVICES, etc.
Mayor Ferre: Commissioner, is there anything we can do for you? We'll be happy
to take anything out of turn for a distinguished counsellor who served on this
Commission for many years with great distinction.
Mr. 'Irwin Christie: Thank you, Mayor, I'm here on item No. 3, so all you are
doing is skipping item No. 2. First of all, for the record, my name is Irwin
Christie, and I practice law at 9445 Bird Road, Miami, Florida. I do want to
take this opportunity to congratulate Commissioner Carollo, Commissioner Lacasa
the Mayor and Commissioner Plummer for their brilliant re-election. I agree with
the City of Miami's choice and I'm proud to be here before this august body.
This is the second reading of Ordinance repealing ordinance 8994 and I repre-
sent Mr. Jack Alfonso of Sunshine Security. In reading this ordinance, I think the
City of Miami would be in error in passing on second reading this particular or-
dinance. Let me point out why I think it would an error and point to the original
ordinance which was changed and which had the following words that this ordinance
allows police officers to receive authorization from the Chief of Police to provide
exceptional and non -routine law -enforcement services to persons or businesses re
,04
DEC 51979
questing it. The key words here are " exceptional and non -routine law enforcement
services." In the ordinance that waspassed and changed, it gives the Chief of
Police authorization to routinely assign police officers on any off -duty basis
at any time and consistently It does not require the services to be exceptional
and non -routine. Now, why does this make any difference? First of all, throughout
the years, the people of Miami have known the philosophy of the Mayor, Commissioner
Plummer, Commissioner Gibson, of the Jeffersonian philosophy to distinguish and
keep separate and apart business from government and I heartily endorse that philo-
sophy but that is not addressed in the new ordinance. This ordinance allows
routinely the Chief of Police to assign any police officer on non -duty basis to
anybody requesting same. This is effect destroys or literally cripples any
security business from competing with the City of Miami. Nobody can compete with
the City of Miami who has millions at their disposal and rightly so for police
protection and should be protecting and is protecting the general public, not
specific businesses, so the reason for it is to raise a certain amount of money
and that amount of money was submitted to the Commission in a letter addressed to
the Chief to you back in September. The amount of money is basically rather
small when onecomparesthe fact if this ordinance would go through, excuse me,
would go through you would be utilizing the equipment of the City of Miami on a
much greater, daily basis for the very minimal amount of $5.00 a day. So you are
really not recuperating very much money for it. You are interfering with the
private practice of businessmen. In addition thereto, you have a very serious.
fault in this ordinance and I point this out to you as a citizen and not as an
attorney representing a client. This ordinance says, as drafted, really opens
up the City to a tremendous amount of potential liability. The ordinance, with
all due respect, as drafted generally, that the businessmen who accepts the off -
duty officerwill be liable, which they would be under the law no matter what, but it
also, you have to understand doesn't protect the City because the City has their
officer there with his uniform and with his gun on a much more daily basis under
this ordinance.
Now, many things can happen, first of all, the officer and the City is liable.
What this ordinance says..while the businessman will maintain their liability,
what if the businessman doesn't have the insurance? What if he does have the in-
surance and the insurance company goes bankrupt?, What if the insurance is not
graded up to cover the liability because once you have a police officer there with.
his gun there is a potential for great verdict nowadays. So I submit to you, the
City does not want to be in the security business. They are in the security business
in a great sense to secure the general public, not specific businesses on a routine
basis. Yes, specific businesses on specific requests, on specific decisions where
by...and I hesitate because there is a recent decision that the City attorney know
as to governmental immunity which now just comes to my mind and it appears to me
that you may on an operational basis here and you are waiving governmental im-
munity on certain basis here. So, I think, sir, that one, you are competing with
specific industry; and two, this ordinance is definetely not in the best interest
of this City. Now, I'm told by officer Sullivan that he would like to have this...
and I believe, I'm not talking out of turn, deferred because of some contractual
problems with this, but if you are to defer it -there are some constitutional pro-
blems also, but I'll let him speak on that, that we would insist or request that the
ordinance that you had originally -and by the way, that's in existence -I'm told at
the county level- provides for exceptional and non -routine law enforcement services
and not as a routine matter allowed and determined solely by the Chief of. Police.
And I really think this ordinance should be reviewed in light of two recent de-
cisions that have come down from the Surpeme Court concerning governmental immunity.
I'll appreciate that,and I'll be glad to answer any questions on it.
Mayor Ferre: All right, thank you, Mr. Sullivan.
Mr. Jack Sullivan: Thank you, Mr. Mayor, I'm Jack Sullivan, of the Fraternal 0rder
of Police. I would request that this ordinance be deferred due to the fact that it
does violate portions of the labor contract with the FOP under the terms and con-
ditions of employment. And also it does violate parts of the Charter which I was
in the process of going to deliver to you and did not know that this was going to
come up on the agenda today.
Mayor Ferre: Mr.Grassie, to cut through this quickly we have two requests for
deferral. One on the grounds that there are some constitutional problems with re-
gards to governmental immunity and Mr. Sullivan's position is that it also violates
the FOP Charter and the collective bargaining agreement, so in view of this it
seems to me that's exactly what we ought to do, to dfer this, have you come back
and, Mr. Knox, if we could hear from the Law Department also, those points of law
that have been brought up at this time •
Mr.. Grassier We can certainly answer the points raised in writing, Mr. Mayor, and
,O5
51979
would suggest that in view of that that we defer it at this time
Mayor Ferre: Is there a motion?.
Christie: Before you defer it le tme ask -so that we don't haveto
ohce putme ting
k
Mr. lease, of the Commission, if I may be pushy
again- as a ,he theory p propounded to you and that is, as it existed before
back in ..the theory that I have
providing exceptional and non -routine law enforcement as distinguished from the
pr lease.
way it was submitted on First Reading, p
this, Ferre:d.I thinkthatit ishiseis a that thereicy are people here thatremise here is taxpayersi in
this, and I -think what it
have security businesses and I think we really should not unfairly ocoipg frpeteap
with
iicy
them on the same kind of an aiethinkethatrs,entirelyuinare
order,nand I think perhaps
statement to -that effect and
the sequence of events is that we ought to do that before we do the deferral.
Mr. Grassie: Well, I need to speak to that, Mr. Mayor. While we don't want to
get into the substance of the allegaiiSs�hatnthemade
Cityuincreasebasic
the Cityesline
costis
recommended to youCommissioner,
that what is being
for off -duty police officers by $5.00. (INAUDIBLE BACKGROUND COMMENT),.
ying
t
you say "no", now let. me make sure .thaWhonwishesnto use a police officerI'm
isagoingis
that any person in the private sector
to have to pay more after this ordinance than he pays now. (BACKGROUND STATEMENT
NOT PLACED ON THE PUBLIC RECORD). That's what I said, the private sector user, is
going to have to pay more for a City policeman than he now pays, that means that
we are making our service more expensive. Now, the he liogic of thee rivatesse ector is
se
that that should be to the advantage of anybodyoto be less than ours, significantly
they are more competitive. Their cost is going
less, and most of them operate at a cost w
ich is about half of what the City's cost
os. We are making our cost more expensive.
Mr. Christie: We don't care about that,
Mr. Mayor, we have no argument Mr. Grassie
with the charge you charge them. You can charge them whatever you want, that's not
point, sir. 0ur point is that this ordinance -as I read it -makes it' routinely,
and because specifically, the .words "exceptional and non -routine"
and I.guess that it does, , ou'char a and
were left out. So I can only assume that I'm correct. The charge y g
the more money that you charge is irrelevant to us. Whatever you charge, if it is
byway of cost remuneration is fine, we don't quarrel with
ever good for .the City- that right to rest.
that at all, so we can lay
Mr. Grassie: The basic, point that is being
trade is that they want special legisla-
tion to protect their interests.
Mayor Ferrer No, no, no, that's not what I understood,, now
nayt betcompletelyunder-
r
wrong -excuse me for interrupting you, Joe- but you
stand at all, you said that by increasing the cost of the City Police force to the.
private sector you make it less competitive and therefore you were in faitndoing
a favor to the private inctaareStakinghis
awaynthetwords 'all. Wroutine.p" what
was that what we are dog here we
are the words?
Mr. Christie: "Exceptional and non -routine
You see, the original purpose of this was that the Police Department
Mayord beravr type of work on exceptional cases on non -routine basis,
would be available to do the.Cityof
ifyou take that away then what in effect you are doing is you are taking them the ai oo-.
and com-
Miami employees that are paid $20,000 a year andgvinotential liability
go to work using City equipment, and creating City P
with the private sector in what I would surmise ?.s ....conyreallyunfaira
want
din. bow.
I know that the Police Department, the policemen,
wear,' that'sht terrific.
don't blame them, if you can make another $S,OOO or 6' ers nnel to hamper the,
But, at what point are we using City equipment and City p
proper growth of private sector services?
Mr
e
y
in. res Grassie: Well, let me make two points with you. done Policeichiefsis basically
use
icreates an minimizing potentialamount of off-dutY work conflict situations. On the other hand, the way in
it creates opt of P police officers is no different than what they
which they propose to use off -duty p you a specific example
have been doing for the last 20 years. Now, let sae give
of the kinds of things that I think is being complained about. As I understand it
right now, off -duty police officers are working on the Hialeah fronton. Just to
use an example, and I'm told they do it on a fairly routine basis, that is they
UEC y 1979
•
show up every week. Now, I assume that what you are being asked of you is .that
you write legislation which would presume to make that impossible, that the City
would not be able to provide that kind of service. What I'm suggesting to you
is that you have in the private sector, private businessmen who are willing to
pay twice as much for that kind of off -duty police work as they haveto pay for
security service. And the basic question that I think is in front of you is
whether or not you want to legislate or to take a position which in effect would
make that kind of jugment rather than have that decision made on a case by case
basis by the Police Department.
Mayor Ferre: Precisely, that's exactly the point. Joe, you have some experience
on this, do you want to shed some light?
Mr. Carollo: Mayor, what I might make a motion to, you know, to discuss this
further, I'd like to make a motion to defer this to a later agenda and until all
these points could be answered in writing by the City Manager, because I think
they only could be answered in writing and there are some valid points there.
Mayor Ferre:' Anything else you would care to add?
Mr. Carollo: Not at this point, sir.
Mayor Ferre: All right, Father? Armando?...
(BACKGROUND STATEMENT NOT PLACED ON THE PUBLIC RECORD).
Mr. Christie: Mr. Mayor, I don't get a chance to get here too often, but let the
if I may address Mr. Grassie for one second on his remarks, please. Number one,
the City Manager is in error in all of his points for this reason, every one of
them - We don't want special legislation, we want the same legislation that existed.
before. The ordinance that the City Manager has proposed is special legislation.
His is the special one, he is the one that is changing it. Number two, why change
what has already been in existence? We are not asking that, we are saying to main-
tain the status quo. The new ordinances change what is in existence and what's
been going on routinely in the past,..we are not looking to change that as long
as it complies with the existing ordinance that was in there. So those, points that
the City Manager has stated that we want to change is what we want to maintain,
the status quo.
Mayor Ferre: Mr. Manager, who is the author of this and who started this change
and why?
Mr. Grassie: This comes out of the Police Department and it responds to more than
one concern. It responds to the question of City liability, to the question of
City cost, to the question of trying to decrease the use of this kind of service,
and I think that enough questions have been raised so that we have to get some
answers in writing back to you.
Mayor Ferre: Thank you, sir. Commissioner Carollo makes a motion that this item
be deferred and tha the Manager be instructed to answer in writing all the questions
that have been posed here today. Is there any question?
Mr. Christie: Will the record reflect that I will receive notice of the next meet-
ing on this?
Mayor Ferre: Yes, let the record reflect that the distinguished counsellor and
former colleague of the City of Miami Commission will receive proper notification.
Mr. Christie: Thank you.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo
adoption.
MOTION NO. 79-826
A MOTION TO DEFER CONSIDERATION OF ENACTING AN ORDINANCE ON SECOND
READING TO REPEAL ORD. 8994 ADOPTED OCTOBER 17, 1979, AND INSTRUCT-
ING THE CITY MANAGER TO REPLY IN WRITING TO A SERIES OF QUESTIONS
POSED AT THE HEARING DECEMBER 5, 1979 AND REQUESTING THAT MR. IRWIN
CHRISTIE BE NOTIFIED WHEN THIS MATTER IS RESCHEDULED.
:07
I 1'.
1979
Upon being seconded by Commissioner Plummer, the motion vas 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.
• DISCUSSION OF THE PROPOSED "LUMUS ISLAND" LAND TRADE WITH
METROPOLITAN DADE COUNTY.
Mayor Ferre: Mr. Lunetta, what item are you on? C? All right, Mr. Manager.
Mr. Grassie: Mr. Mayor, members of the City Commission. The proposed agreement
for a change exchange of properties that you have in front of you, I think is
of particular importance to the City. It reflect, what I would consider to be
a significant step forward in attempting to work cooperatively with the county
and I think that the agreement that you have is very good for the City. I Think
it's good for the county and good for the entire community. Now, I do want ;to
point out to you three small changes that have been made since it was distributed
to you and one important change mostly at the request of members of the City Com-
mission who had reviewed this document before it was acted on by the County Com-
mission.' The first change that I want to point out to you is in paragraph 6 of
your document. This is small change. The language used to read that the City
third line
would have to act within 30 days but that language now says, in the
of that paragraph is that we will act no sooner than 30 days after the Port bonds
are sold, so...
Mayor Ferre: Tell me again, what paragraph that is?
Mr. Grassier Paragraph 6, third line of that paragraph.
Mayor Ferre: In the new contract or the old one?
Mr. Grassier' The paragraph numbers remain the same. But you can look'at the new
agreement, which is the one that•was considered by the county commission yesterday
and there is a small change in the third line of paragraph 6, it simply gives us
more latitude. Instead of having to do something within 30 days, we can do it'
anytime after 30 days.
The second small change is in paragraph 7 on line 4, we had an obligation .to
build 2,000 spaces. That has been decreased to our advantage, it has been decreased
to 1,500.
The third change, a small change, is in paragraph 21, in which we make clear
the pieces of property', which the City would receive, whether or not the Port is
built. Those are the small changes.
Now, the important change is in paragraph 9, and this is the paragraph which
more than one City Commissioner expressed'some concern and the County has been
willing to modify that paragraph to the advantage of the City, in a form which I
would consider to be acceptable at this point. This is the paragraph that has to
eds before in the orginal
u
b d on a determintion to be made by the county
do with Virginia Key, the decision on transfer of de Commission.
language was ass
read the new language in paragraph 9 now, what the County Commission does is state
its intention to make those transfers
Mayor Ferre: Yes, but it does
unreasonably. The County will
advice on this, you know. The
cPntence. The county, will not
more than that, it says that it won't deny it,
not unreasonably withhold...Mr. Knox, we need your
legal question is on page 8, paragraph 9, last
unreasonably withhold any and all property necessary
If yo
gag
DEC 5 1979.
for public use according to the City's plan. Now, how strong a legal language
is "unreasonably withholding"?
Mr. Knox: The question of "reasonableness" is one that could be disputed, and
it would be a'judicial determination as to whether or not the county's is witholding
unreasonably.
Mayor Ferre: I'm not asking you that question, I'm not asking you to second guess
the judge. As our legal counsel,do you think that paragraph 9, especially, in
view of that last sentence that says -"the county will not unreasonably withhold
any and all property" is a sufficient safeguard along with the word of the county
Manager and the County Commission.
Mr. Knox: In addition to the word of the County Manager and the County Commission
it has to be a reasonably safeguard for the City.
Mayor Ferre: Did somebody represent the Commission yesterday, Mr. Grassie
the County Commission?
Mr. Grassie: Yes, Vince Grimm was to represent the City. The case was taken out
of order, it was not discussed, and it was passed very quickly, so that he got
there. just after the item was discussed but...
Mayor Ferre: My question is then, was there any reference at all, in the document,
towards item No. 9, whichisthe Virginia Key matter?
Mr. Grassie: The County Commission did not discuss the .item so there was not
interchange on that issue, no.
Mayor Ferre: So what we are then depending on is paragraph 9 in that particular
sentence and the word of the County'Manager and the County Commission. All right,
Mr. Plummer? (INAUDIBLE RESPONSE) Any further discussion? Mr. Fannotto.
Mr. Ernie Fannotto addressed the Commission stating that he didn't think the City
should make the trade before the bonds were validated, and if they did, that
there should be a stipulation that if the bonds were not validated the properties
should return to the City. The Commission reassured Mr. Fannotto stating that
there was already in the agreement a stipulation to that effect. He also made
comments regarding the potential rationing of gasoline and how it would affect
cruise ships, and stated some concern as to the source from which revenue to the
City would come if the. cruise ships were put out of business.
Mr. Plummer expressed that Mr. Fannotto's comments were good but should be answered.
at a different time since the City Commission was only talking about the aspect of
trade.
Mayor Ferre: Mr. Manager, I asked you when you came to discuss this with.me to
insert in the second page in the middle paragraph a time limitation certain..
Mr. Grassie: Yes, and we have done that.
Mayor Ferre: 'don't see it.
Mr. Grassie: Well, it is not in the paragraph that you are pointing to. It is in...
we have inserted a three year limitation and....
Mayor Ferre: Because I dnn't want this in limbo forever and, you know, we turned
over Lumus Island and around comes the year 2,000 and they still haven't started
the Port.
. Mr. Plummer: Mr....Carmen has put forth the date of the sale of bonds and a time
table that is also certain and I presume it coincides..(BACKGROUND COMMENT OFF THE
PUBLIC RECORD) The bonds are already sold? (INAUDIBLE COMMENT) And the money is
in the bank...
Mr. Lunnetta: ...and I'm happy to invite you to a ground breaking in six weeks,
this whole Commission, I mean, if you are not optimistic, we well. The only thing
holding up the groundbreaking of the expansion program is two pending permits from
DER and The Corps of Engineers which is now expected for the first of the year plus.
the Development Order which is on the.2:30 meeting.
Mr. Grassie: If you will look, Mr. Mayor, at paragraph 20 on page 14, I believe
that you will see the language that we were talking about which states specifically
that if.the County is not able within a term of three years to make the develop-
:09
DEC 5 1979
ment of Lumus Island as a seaport that the properties...Lumus Island specifically`
will revert back to the City.
Mayor Ferre- Well, you know, I'll tell you, I'm glad you brought that up because
one of the questions I have when.I read this contract...it seems to me that it
ought to be at our option and their option, because frankly two years from now,
I'd rather have the property around the baseball stadium, and Downtown, and Virginia
Kay rather than go back talking of Lumus`Islend,:.iwhat the hell do we want Lumus
Island for? And there is no access to, it, Idon't'think that paragraph 20.excuse
me, I'm trying to make a statement to say that if we are going to give them Lumus
Island I don't want them to come back two years from now...I want them to build a
fort, that's fine, that I want to put in there to put pressure on them, but I
don't wantthree years from now to get an island that has no access, no bridge,
nothing, no way to get to it, nothing, what in the world do we need Lumus Island
for? And then revert back and take back some of these properties that we do want.
Armando excuse me, I asked him a question, I want him to answer.
Mr. Grassier Mr. Mayor, we have asked quite a bit from the county, the assumption
is the county is giving something of value. I would not subscribe to the position
that it has no value. -
Mayor Ferre: I' didn't say anything of the sort, that wasn't ,the .thrust •,9f my; ques
tion. Why don't you answer my question?
Mr. Grassie: Mayor, you get to make' your questions but I get to answer them.
Mayor Ferre: Fine, answer them.
Mr. Grassie: The agreement that has been drawn up is the one that has been ap-
proved by the County Commission. The reason for writing the reverting clauses as
they have been written is that some of the property we have asked the County for
is being used by the County. Now, they have a very simple feeling about giving us
property that they are using which will cost them money to replace. Once they give
it to us. One of the conditions of the agreement is that they give us a million
two hundred thousand dollars for a piece of property that we now own. Now, ob-
viously, we'd not be able to do that if they did not have Port bonds to use as the
source of. funds. Now, what they are saying very simply is that if the Port does
not go forward and they do not have the money to meet their own obligations, they
would want us to go back to a status quo on those pieces of property which cost
them money, but they are still willing,and they have exhibited good faith, in my
estimation, in remaining willing to give us pieces of property which would not
cost them money to replace and it is important in my estimation that this agreement
include the exchange of properties which we keep even if they don't build the Port.
Mr. Plummer: well, Mr. Mayor, isn't it immaterial if'in.fact the bonds are sold
and the money is in the Bank?
Mayor Ferre: Yes, and therefore, I'm addressing myself to the other alternative.
Yes, if the Bonds are sold and the Port proceeds it is totally an immaterial thing.
Suppose the bonds are not sold and..
Mr. Plummer: He said they are, he said the bonds are sold and; the money is in the
bank.
Mayor Ferre: Forthe expansion? Well, suppose you've got money in the bank and you
can't get your...suppose-you are caught in the Watson Island controversy and you
are now declared a member' of the Biscayne Aquatic Preserve and you get caught in
that process and you get caught in the whole thing, then what?
Mr. Plummer: He'll be at your door step and follow your footsteps. The question
is...wasn't it answered last meeting?
Mr. Lunnetta: Mr. Mayor, let me answer this, your question, specifically. At
this point in time the expansion program, the DRI has been approved by the South
Florida Regional Planning Council. The Environmental Impact Statement has been
approved by The Corps of Engineers in DER. All the necessary steps have been
taken bar -say, two. That is, the Development Order from this City to lock the
South Florida Regional Planning Council in; and the second is the Public Hearing
for the major permits through The Corps of Engineers and also the Department of
Environmental Regulation which we have every assurance this time that those permits
will be issued. So, much so that, Mr. Mayor, we in fact have given a $9,000,000
contract for dredging for Phase I of Lumus Island contingent upon the permit of
t.
January 1 to 15 in order to fast tract the project and to be able to start in
January.
Mayor Ferre: Mr. Lunnetta, I'm going to tell you, I'm going to vote for this.
I just wanted to get some things in the record, because should anything go wrong
in the future, 1 want the record inthe future to reflect...should,we have pro-
blems in defining "reasonableness" and what have you that the City of Miami has
once again been extremely reasonable...now, I" understand we are going to get a
lot of property and I am very anxious to get that property. I frankly, think that
we ought to do this with or without the Port because getting the Port is yourpro-
blem not our problem and if you don't get your financing, if you don't get your
Permit and you don't, get your things, why should we have to pay the price for
that? Lumus Island is a very important piece of property for you, for us it is
an empty island that has no access, and if we can turn that into three or four
major Pieces of property that the City can develop into parks, into parking
garages, into stadiums that we need, then I think that is all to our advantage
but I just as a businessman have never liked to go into deals where I bought
property with clouds on it, and in effect what we are doing is we are getting a
property here with a very big cloud, and the cloud is -yes, this is all fine if
this happens. Now, the Manager's answer is acceptable and what he is saying is
yes, but if we revert back we are still going to get some good things, we won't
get all the good things but we will get some good things. And I accept that, I'm
not happy with it but I accept, that
Mr. Ernie Fannotto again addressed the Commission indicating concern as to whether
there could be a challenge to the validation of the bonds. The Commission answered
his concerns.
Mayor Ferre: All right, Father Gibson.
Rev. Gibson: I wish we could just close the deal out, you know, without that. But
I presume there is some merit in going this way. Evidently you have some insights
I don't have. I'm willing to trust your insights until`I get up a tree and can't
get down
UNIDENTIFIED SPEAKER: It will be too late then.
Rev. Gibson: It willbe too late, I understand that, but let me add this. It's one
of the few times that the Herald said, well, they are living like a family.
Mayor Ferre: Well, you know what that means, that means that this is a good deal
for the County. Whenever they want us to do something they praise us a little bit
so that we soften up. The fact is that....
Mr. Plummer: Well, let me have an understanding. Because we are going here a lot
on good faith. Mr. Grassie, it is my understanding that we have reached the point
now where, as far as I'm concerned, we can issue the Development Order because
that's really what they are asking for. Now, we are not yet at the point, other
than discussion, of giving the deed to them.
Mr. Grassie: That is correct, we would anticipate -assuming that you come to a
conclusion in the Committe of the Whole that in your formalization of your actions
in the Committee of the Whole that you would adopt the Resolution that you have in
front of you.
Mr. Plummer: Fine, then we are going to put the monkey on Mr. Grassie's back.
Mr. Grassie, I think that it has been expressed and reasonably so that the wording
be a little bit stronger than what; it presently is.
Mayor Ferre: In paragraph 9.
Mr. Plummer: In paragraph 9. Look, the terminology "reasonable"...very, very
broad term. My wife tells me that anything "I do is unreasonable, anything she
does is reasonab]e and anywhere in between it is a gray area and she wins. And
I think there needs to be terminology stipulating that yes, the County is fully
award that we intend to develop this revenue source for the City and that they
acknowledge and concur that it will be developed. It is a revenue source. ves.
I'm hoping that it will be, I, hoped for years and I think that we need a little
stranger l.anfnage in there than the word "reasonableness". I think that if you
put into the language that they accept, the City intends to do the following,
and this is considered reasonable. I think everybody here at this table would
fuel a` little bit more comfortable than we are.
Mayor Ferre: How' are you going'to define that again?
DEC 5 1979
Mr. Plummer: Well, if you put in the final terminology, Mr. Mayor, that the County
acknowledges that the City intends to do this, this and this and that is considered`
to be reasonable and if the County accepts that, I think we'll go a long way
towards avoiding misunderstanding later.
Father Gibson,
Rev. Gibson: What is unreasonable?
Mayor Ferre: It all depends who interprets it.
Rev. Gibson: That's the point, that's why I -asked. And if it is a Circuit Judge
of Metropolitan Dade County, if I can judge from past experiences, unreasonable
is what the City of Miami does, reasonable is what Metropolitan Dade County does.
Rev. Gibson: I don't like that word, that word bothers me. Who is to decide
what is reasonable? I lived in that position, just last week, a man and a woman
came to me. He thought he was being reasonable, she thought she was being reason-
able.
Mr. Lacasa: Let me point out something here Father, and members of the Commission,
the question here is a little bit more problematic than the terminology of unreason-
able. The County Commission has to have a public hearing to approve this land swap
so it says here. They have to take a vote, there are very important issues in the
question of Virginia Key, very controversial issues. Virginia Key, Key Biscayne
are both very much involved with each other, we know quite well the question of the
environment, a lot of environmental questions could be raised concerning the use
of Virginia, Key for a particular issue. Key Biscayners are well known by their
militance in this particular kind of situation. We have questions concerning
traffic in Key Biscayne, we know quite well that throughout the years Key Biscayners
have consistently opposed -and with reason- anything that increases the traffic on
Rickenbacker Causeway. We know quite well what happens there over the weekends, so
these are questions that we can anticipate are going to be raised at the public
hearing before the County Commission when this question comes up for discussion.
We know for a fact that there are some of the Commissioners in the County that are
very concerned about this issue, and they are valid issues and when we discuss the
question of what is reasonable and what is not reasonable I submit to you that
these are very reasonable questions, so I submit to you, George, that in the event
that these questions are raised at the public hearing, which they will be, and the
County Board of Commissioners consider these questions valid and votes against
giving the City of Miami this particular piece of property based on those questions
I don't see any reasons why the Courts will not consider that the County .acted
reasonably in withholding this transfer, because those are reasonable questions.
Now, where does that leave the City of Miami? With a suit against the County on
this very debatable question? I submit to you that this is a very dark area.
Now, there are alternatives, why -in order to protect the City ...(Inaudible)
, and at the same time it is essential for the City that this swap
take place and that Dade County go ahead with the expansion of the Port. That is
of paramount importance for the City of Miami, so we have in the same issue two
problems. One, is the best deal the City can get and the other one the facts and
from my standpoint of view is also as essentialas the other one that the Port has
to be expanded and this is in the interest not only of Dade County but of the City
of Miami. Now, why couldn't we add something to this contract to this effect. That
in the event that we cannot get the piece of property in Virginia Key we get ad-
ditional pieces of property from the County of similar value to the one we are sup-
posed to get in Virginia Key so if, for whatever the reason we don't get what we
are supposed to get from Virginia Key then we'll get other properties not considered
now in this proposition but that will be of comparable value and in that fashion
the City is protecting its interest and we can go ahead and we are not as subject
to the problems that may arise.
Mayor Ferre: Father Gibson?
Rev. Gibson: Why don't we leave that silent? If you know those people at all,
they will pick up that language in the agreement and do exactly that. Leave it
silent. I think in a court of law they would have to automatically give us value
for value. If in the process it would reversed that they were to give us Virginia
Key, the land of Virginia Key,, They owe us.
Mr. Plummer: You've got to spell it out.
Rev. Gibson: But Plummer, the danger...listen, what I'm saying is that I
with Lacasa at the beginning, but the danger is that the minute' you rehearse that
in that agreement, knowing those people as you do, the little we know of them,
they will harp on that immediately` and so you could give them another piece of
land or the value thereof or its equivalent. I think you ought to keep off.
Mr. Lacasa: I can see that Father, I can see what you are saying, but let me
tell you this the piece of land in Virginia is a very valuable piece of land and
I submit to You that it will be very hard a situation for the county to find com-
parable land in value to the one o.f Virginia key to give to the,City of Miami so
that will also put a tremendous pressure on them to give up Virginia Key because
after all Virginia Key is not developed and the kind of land' that they would have
to find in other places in the City of Miami to give to•'us will be extremely
difficult.
Mayor Ferre: All right, let's go over the sequence because obviously this thing
is out in the open and we may as well discuss it because I'm sure it's going to
be highly visible at this point. I just wanted, Father and all the members of
the Commission to listen to this. We own part of Virginia Key. The County owns
another part of Virginia Key. We want to do something with that property, now,
what we, want to do is develop it in a proper way for public use. The people of
Key Biscayne -who are the only people that can compete with the people of Coconut
Grove in being vociferous- are going to be against anything being done anywhere
and, therefore, the language in paragraph 9, specifically talks about, if you look
at it, "..following a public hearing by the Board of Commissioners, agrees to
provide easement or County deeds to County -owned for a reasonable and compatible
development.." Compatible development, public hearing, those are the key words.
"The County agrees to convey or renew an interest to the property set forth in
Exhibit G without concurrence from the City until such time as the County has pro-
vided the necessary easements or County deeds to the City. It is mutually'; under-
stood and agreed that this commitment on the part of the County is whole contingent
and depending upon the County's ability and legal power to meet the City's re-
quest. The County will not unreasonably withhold...." Now, what that menas, as
everybody has pointed out is, if at a public hearing the people who live in Key
Biscayne for 20 reasons bring out some reasonable reasons why this shouldn't be
conveyed because they want that left as a mangrove park in perpetuity, in effect,
there is no commitment to do anything in that property. We have four alternatives:
Do nothing, which is not acceptable -I don't think- to anybody here, Two,require
that it be done now, before we can see the final write off on the Port, on the Lumus
Island proper,, which is really our atrongest point right now. Three, modify the
language so that there is a substitute property or properties in value, or money,
should this not be acceptable, and four, redefine what "reasonable" is in the con-
tract. Now, those are the four reasonablealternatives in this. And I think that
where we are at is a very nebulous thing based upon the good will of Merritt
Stierheim"and 9 members of the County, Commission, who may or may not be there next
year.
Mr. Plummer: Let me ask this, Maurice, would be reasonable a wording such as:
That if the City profers as planned and for any reason it is not approved by the
County, that an appraisal be done of thatproperty and the County have 12 months
in which to pay the City the value of the appraisal....
Mayor Ferre: For its highest and best use.
Mr. Plummer: Well, I understand, highest and best use, that of course should be
incorporated in the appraisal. That if the County for whatever reasons does not
approve the City's plans, that an appraisal will be done to establish the value of
the property in question and that within 12 months or whatever period of time the
County will reimburse the City that amount from the time of the refusal. Now, I
don't see anything wrong with that, do you Joe?
Mr. Grassie: I have to say to you, Commissioner, that I' think it might be un-
reasonable.
Mr. Plummer: Why?
Mr. •Grassier For two reasons. One; the basic principle behind this agreement is
that two units of government are exchanging pieces of property which they have
for the public good, for the general benefit; it does not include the theory'that
one of the units of government: is going to go out and raise significant millions
of dollars to pay the other. It does not include that. The basic philosophy is
that we are trading assets for our mutual good. The second aspect is, that in
my estimation at least, even without the kind of compensation that you are talking
about, the City is receiving a reasonable trade, without the, compensation that you
are talking about. This would be over and above, and you would be asking another
:13
DE
51979
unit of government to come up with tax -money to do something which, in my estima
tion would be -past what can reasonably,be asked. Now, what is behind my state
ment�of reasonableness is the point that Commissioner Lacasa made which is that not:
only the County but also the City has a vital interest in this project. It is not
as if-we'were disinterested bystanders. We are concerned about the Port, so :that
what we are doing is to our benefit as well as the County's benefit. And because
of that.I think that this proposal is reasonable.
Mayor Ferre: Let me tell you what I think the solution is to a potential impasse.
I think what we ought to do is...this is the document that was passed by Metro-
politan Dade County yesterday and, if we, adopt it, we should adopt it as is. How-
ever, we should also adopt a separate Resolution which addresses itself to paragraph
9 and clarifies that "reasonable" means that after we present a plan, they do not
approve it within a six-month period, they would be obligated to then offer us
another piece of property of like value for us to develop in a public purpose way
that will be acceptable to us. And that, I think, will be a separate instrument
from this. We accept this with that separate condition and then the County Com-
mission...and the final acceptance of this would be subject...it would be a contin-
gent thing. So in other words, the County would have to rule. I've just talked
to the. Manager's office and that is the way they propose to do it, the County Ma-
nager's office. They said it would be acceptable if we do it that way. In other
words, it is a contingent thing. Obviously, if they don't accept that, then this
doesn't go. And what it says then is that after we present our plan, they will
have their public hearings and what have you, and within a six-month...Is six
months a reasoanble time? (INAUDIBLE RESPONSE)...and if within a six-month period
we don't have their concurrence, then the onus is on them to then give us sub-
stitute piece of property to develop. How many acres are involved in Virginia Key,
Mr. Grassie?
Mr. Grassie: Well, it would depend on how we draw our plans but we are talking
about at least 50 acres, and in all likelihood it would be closer to something like
74 acres.
Mayor Ferre:
Mr. Grassie:
Mayor Ferre:
Mr. Grassie:
Mayor Ferre:
with?
Mr. Grassie:
Are these up -land?
Oh, yes.
This is all land above water.
Oh, yes.
And are there any mangroves on that that we would have any problems
There is a small stand of mangroves but most of it is Australian
pines.
Mayor Ferre: In other words, the point is that that is an area. that we could de-
velop into some public purpose use, whether it would be a picnic area or another
vita course or a county park type of a.... •
Mr. Grassie: We would have to go through an environmental review process, but
that's standard.
Mayor Ferre: Well, but that's standard. Okay. Do we have anything else on this
matter? We'll see you at 2:30 P.M. then.
Mr. Lacasa: What we should do is ask George to prepare a Resolution encompassing
this situation....
Mayor Ferre: All right, make that motion.
Mr. Lacasa: All right, I'll make that Resolution...make this contract, the validi-
ty of this agreement, contingent upon the County's acceptance of the amendment....
Mayor Ferre: Who at the County Manager's office are you dealing with on this?
Mr. Grassie: Stacey Horstein.
Mayor Ferre: All right, George, would you then...I'm going to recognize Lacasa
for the purposes of a motion, if it passes, would you then call your counterpart
over at the attorney's office and would you let. Stacey know so that by the time
2:30 P.M. comes around,...Mr. Lunnetta, if you could stick around, so we can get
:I4
nrn
51979
one who
e
t
the wording on this, since you are the that andiseehhowoacceptabletthatnis�to,
youmightact as a go-between and take
the County Administration. Could you do that? Because I think timing is very
important. All right,Commissioner Lacasa, for the purposes of making a motion.
Mr. Lacasa: All right, my motion is. that reel Legal
Department
epa tmento instructed will give
e County
draft a Resolution where we accept -this agreement in paragraph 9, they
cepting that in lieu of the land of Virginia Key, g
disa tees.
us comparable land in value in the event that Dade County
Mayor Ferrer Put a time constraint.
Lacasa: I put a time constraint of six months after the agreement is executed.
Mr
Mayor Ferre: No, no, after we present a plan.
Yes but wait a minute now, if that's the motion, I want to discuss
Mr. Plummer: ,
that motion.
Mayor Ferre: Wait, let's see if there is a second.
Mr. Plummer: Well, I'll second it for the purposes of discussion
Mayor Ferre: Okay, go ahead.
Mr. Plumme
r: discussion, Mr. Lacasa, let's stop and think for a minute, the
words "comparable land"...
Mr. Lacasa: In value..
Mayor Ferre: In value... other
Mr. Plummer: ...even in value, the County does not, to my knowledge, own any
waterfront property in the City of Miami...
Mayor Ferret..
He is not tying it to ''waterfront property", he said.:'comparable land
in value". For example, .•
Mr. Plummer: I could take the interpretation that if it is not waterfront it is
not comparable
Mayor Ferre: No, comparable in value
Rev. Gibson: ...in dollars and cents, rather than waterfront. value",
Mayor Fans It does -nt;say
"comparable", period. It says "comparable in val ,
that means dollars. Youu.knowow,
, it might be aDowntown piece of .property or an urban
park., Okay, further discussion on the motion.
WULRZUPON, on motion of Commissioner Armando Lacasabaand
seconded by Commissioner (Rev.) T. A. Gibson, veto:
ve
cited motion was passed and adopted by the following,
AYES: Commissioner T. R. Gibson
Commissioner Joe Carollo
Commissioner ;J..L. Plummer, Jr•
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NT: None.
NOTE SEE LATER FORMALIZED RESOLUTION NO. 79-849)
MayorFerre: Would you, Mr. Knox, try to get this done
ythe 2:30 the M.Cpublic
hearing and with the write-off from the County s Administration
Attorney's office. Thank you.
5. REPORT ON PENSION LITIGATION AND RETENTION OF LAW FIRM OF
SPARBER,"'SHEVIN, ROSEN, SHAPO AND HEINBRONNER IN THE AREA OF
PENSION SYSTEMS STRUCTURING.
Mayor Ferre: Mr. Manager, we are now on Item A.
Mr. Grassie: Mr.Mayor and members of the City Commission. This is an item which
includes not only an update for the City Commission on the part of the City At-
torney but also a request to you which we would like to formalize later that
you authorize the retention of legal services to accomplish a policy which you
established about three weeks ago. That policy was that, the City, in adopting
its annual budget, would rvi.ew the circumstances surrounding its current pension
legislation to see whether there are alternatives which would give, you more flexi-
bility`and more authority and responsibility for the operation of the entire
Pension System of the City. What we are asking for in this item, as a first part
of it, is when we get to the formalization of resolutions that you approve the
retention of the firm of Sparber, Shevin to draw up some legislation for you and
to do all of the necessary background work to determine' its legality so that we
can accomplish your purpose.
Mayor Ferre: Mr. Knox, do you concur with this?
Mr. Knox: Yes, sir.
Mayor Ferre: All right, discussion.
Mr. Plummer: Mr. Mayor, there is a standing rule for this Commission that any
matter relating to Pension for action of this Board will be submitted to the
Pension Board (2 in_numbers)It is not my understanding that that ,policy of this
Commission has been adhered to.
Mayor Ferre: 'Mr. Plummer, let me address myself to that issue.'
Mr. Plummer: To the policy, of course.
Mayor Ferre: Of course, which is what you brought out. You were the first one
to bring out the potential crisis of the Pension System of the City of Miami.
We have not done anything corrective in nature. We need to address that. The only
way we can address that is by getting people who are experts in that particular
field. Now, 1 know nothing about Pensions, I wouldn't know the first thing about
it. This is a very specialized legal field. To go back to the Pension Board and
the Pension Plan to ask their permission is like asking the fox to take care of
the chickens in the chicken coup. Now, the point is that, for course they are not
going to give their permission because they don't want us to change a thing.
Mr. Plummer That was never stated, M
. Mayor.
Mayor Ferre: Well, that's stated, by me (repeat). It is my opinion that we are
going to go into the same run around that this City went into in Civil Service
Reform. It took usfour years to get off the ground because every time we wanted
todo something we had to go back and check with this Board and that Board, and it
was stall, stall, and stall. We need to address this, we know what the only way -we
are going to know what we are talking. about. If we can't het it in Miami we'll go
to New York, Chicago, New York or whatever. Evidently, this Mr. Sparber -or what-
ever his name is- is an individual who is well known in the field and highly respect-
ed. I do not know the man, I've never talked to him or to anybody of his office
other than what has been broughtupbefore this Commission. However,`I do know
this, I do know that the attorneys for the Pension Plan and the Pension System are
suing the City and that we are about to lose a $30,000,000 case which should com-
pletely bankrupt the City of Miami and it seems to me -or at least it would cer-
tainly put us under severe strain to come up with $30,000,000. They, in my opinion
have not. acted in the best interests of the people of Miamiand the City of Miami
in the way they have deliberated. Now, I understand counsellor Eddie Gong, and Ron
Silver say that they get paid by the Pension Board and the System, that they re-
present the Pension Board and System, they do not represent the City of Miami,they
do not represent the people of Miami. That's what we do here. It seems to me that
;16
DEC 51979
before we cross that bridge and make an important decision we've got to get the
best legal advice and I wouldn't be in such a hurry to do this if it weren't for
the fact that those two attorneys representing the Plan and the System are suing
the City of Miami. So we need to get somebody to protect us. I mean, I think
Hr. Knox is a very capable attorney but I don't think that his specialty is in
Pension Litigation and my only question is to make sure that Mr. Knox concurs that
Byron Sparber is a qualified attorney to do this kind of a job. Somebody has got
to help us.
Mr. Plummer: Mr. Mayor, here again, I think that what you plan on doing must first
meet the policy of this Commission.
Mayor Ferre: I'm willing to change that if it's necessary.
Mr. Plummer: Second of all, Mr. Mayor, what is being proposed in desperation
here is not in effect what you are saying. This does not ask to retain the ser-
vices of this firm for enlightment. It is to retain them for alternate financing.
That's what they are being retained for. Now, Mr. Mayor, if you are asking them
to review the ordinance, which in my estimation is quite clear, I` think that's
well and in order, but at the present time I think that you will find that the
Board is the one which is solely empowered to, make those decisions.
Mayor Ferre: The Board of the Pension Plan and the Pension System is not the City
of Miami Commission. What we have done, which is totally wrong, is we have ab-
dicated our role that the people of Miami have elected us to do in dealing with
the things that affect the financial condition of the City of Miami. To this one
vote here that is no longer acceptable. The Pension System structuring is the key;
area. How we restructure the Pension System. I am not qualified to say that and
I think we need specialized legal advice and I don't want the Pension Board or
the Pension System selecting who is going to give us the legal advicewith regards
to alternates, regarding financing of the Pension System and the Pension Systems'
structuring.I think that it is incumbent upon the City of Miami to protect itself
because the people...I am not talking about you, Plummer, because the people who
are involved in the Pension System and the Pension' Plan, in my personal opinion,
don't give a hoot about the future of the City of Miami or whether or not we sur-
vive or don't survive, what they are worried about is their Pension, and I think
with justification. And I think that the attorneys that represent those entities
worry about their fees and how much they can collect and how well they can repre-
sent their client and their clients don't happen to be the City of Miami. And,
therefore, I really think that if it requires a policy change, fine, I'm willing
to vote on that, and then I think we should select if not these, the proper at-
torneys to advice us because there is noquestion that the big guns, and by the
"big guns" I mean Eddy Gong and behind Eddy Gong you've got Dan Paul and Parker
Thompson and a whole bunch of big shot lawyers in this town that are putting their
guns in the City of Miami to blow it out of the water.
Mr. Plummer: Mr. Mayor, you touched on a lot of items which, of course, are not
contained within this letter. I don't disagree in any way shape or form as I have
contended for years at this Commission that the Pension criesout for change. You
might recall that it was you, as Mayor, who appointed me to a special committee
to formulate changes for the Pension Board and I'm sorry to tell you and remind you
that that committee recommended 13 changes to this Commission which we felt would
•
go a long,way towards reorganization, yet this Commission only saw fit -those members
present at the time- to accept 5 out of 13 changes and a lot of things that you are
looking for today are still in those 8 items that were not adopted, now, Mr. Mayor,
all I'm saying to you is that if what this Commission wants to do is to retain a
law firm who specializes in pension for the purposes of working with and advising
for potential changes, I have no problem with that. I have a problem with the
first paragraph being paramount to the second that states its full intent is to
change and offer alternative financing.
•
Mayor Ferre: Tell us what your problem is.
Mr. Plummer: The problem' is, Mr. Mayor, that at the Present time this is part of
labor negotiated contracts. You have a Board which`I feel should be travelling
with full intent of honorable people or full, good honorable intentions until
proven otherwise. There is a potential for changing that Board at any time. All
I'm saying to you is that you are putting the cart before the horse. You are
saying to this, law firm that primarily we are telling you that you are going, to
develop for usalternate ways`of financing. That to me should be the secondary.
Rev. Gibson: Mr. Mayor, I want to ask a question. If what I heard, I'm forced to ask
chi:: question. Are we to ask them that we should get advice to protect our own hides
:17
DEC 51979
right?
Mr. Plummer: Father, not at all. It was a policy of this Commission, I think you
made the policy, stating that if you've got Boards and Committees you've got to
at least run it by them and not circumvent them or get rid of the Board.
Rev. Gibson: Look, man, what I say up here..I say it seriously not because of
consideration. I am prepared to run it by them after I get my thing in my hand
when I've received it then I'll go to them and say, hey, this is what has been
suggested, tell me how you react. But, for me...what I heard was this, you want
a legal firm or you want a group of people to advise, us, the Commission, who must
finally...so that Board means nothing without us, is that right?
Mr. Plummer: Well, I don't know.
Rev. Gibson: Well, wait a minute, if that be the case, I'm not about to go to them
and ask them, hey, do you think we ought to get a firm to tell us what...you know,
or we ought to get a committee? I'm prepared to go get my own committee, find out
what's good, what's wrong with it...I told you all along.
Mr. Plummer: I agree.
Rev. Gibson: about this, do you remember? I said to you that I'm a part o
the Pension Fund....
Mr. Plummer: Father, I agree...
Rev. Gibson: Guys who retire in this City and rape the City, it is a disgrace.,
No, no, no, no.
Mayor Ferre: Plummer, there is a saying in Spanish which is very good, and that
is, to make omelette you've got to break the egg.
Mr. Plummer: Fine, I thought that was Hellmann's mayonnaise..
Mayor Ferre: If you want an omelette you've got to break the egg. I mean, this
is a chicken/egg situation. We've got to get started somewhere along. Mr. Grassie.
Mr. Grassie: A comment on Commissioner's Plummer's point. I believe he is refer-
ring to the letter of intent that I sent to the Sparber firm. In the first para-
graph what I: was trying to do was to record the discussion that the City Commission
had had with regard to financing. In the second paragraph which talks about the
responsibility of the legal firm, speaks not to financing but to alternate legal
structures.
Mr. Plummer: That's right.
Mr. Grassie: That is what we would be doing with the attorneys on and what they
would be doing is suggesting to the City Commission a legal structure which would
provide for alternate financing later.
Mr. Plummer: I agree. But that is not the way the letter is worded.
Mr. Grassie For clarification I believe that we can reflect the intent of the
City Commission in your first discussion and that's what we are trying to do with
this legal firm.
Rev. Gibson: Mr. Mayor, I think and I hope...Plummer, am I to understand you when
you said that we must ask them if we could do this?
Mr. Plummer: No, sir.
Rev. Gibson: Well, let me make a motion because the sense of my motion is that
I want information, and that after I get the information I'll run it by the Board,
okay? I make such a motion.
Mr. Lacasa: I second.
Mayor Ferre: Does that include the retention of the Sparber...
Rev. Gibson Oh, by all means, yes sir, because I learned in my life, man, there
is nothing like being intelligent, even people who don't like you if you are in-
i s DEC 51979
telligent,,
Mayor Ferre:
Item A.
Mayor Ferre:
Commissioner
A11 right. If you will look at item 31(a), that's what relates to
There is a motion on the floor by Commissioner Gibson, seconded by
Lacasa on 31(a)..
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-828.
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE LAW FIRM
OF SPARBER, SHEVIN, ROSEN, SHAPO AND HEINBRONNER FOR LEGAL ANALYSIS
IN THE AREA OF PENSION SYSTEM STRUCTURING AT AN ESTIMATED MINIMUM
FEE OF $7,500 AND A MAXIMUM OF $15,000, UNLESS FURTHER AUTHORIZED
8Y THE CITY COMMISSION, WITH FUNDS THEREFOR ALLOCATED FROM THE
CONTINGENCY FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by CoxnnhissiorLer 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 Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None:
ABSENT: None.
ON ROLL CALL:
*Mr. Plummer: Understanding fully the wording of the Resolution, which is not the
wording of the letter, I agree with the Resolution and disagree with the letter.
I can live with the Resolution. I hope you understand what this Resolution says
because it isn't what the letter says.
Mr. Plummer: All right, on the same item.
Mayor Ferre: On A?
Mr. Plummer: Yes. Mr. Manager, October 1st has come and gone, the Pension Board
is not receiving its money, why?
Mr. Grassie: I'll have to determine from our Finance Department exactly what the
schedule is, Commissioner. You are asking me a question that I cannot answer for
you at this point without getting back into the record.. But I will.
Mr. Plummer: Mr. Grassie, two questions I want the answers before we leave here
today and I think that we will be here long enough, it is not out of line to ask.
I want that money transferred. That money was to be transferred and I know of
no reason that it shall not be, okay? But I'm willing to listen to your answer.
of why it was not. The second question I'm asking is I want a breakdown of the
total amont what is going to the Plan and what is going to the System. I don't
think it is unreasonable to ask for those questions to be answered before we leave
here today. October, November, we are talking about over two months and this
money, to my information, has not been transferred as it should have been to the
Pension System.
Mr. Grassie: Just for clarification,,I assume we are following a cash flow process
which transfers a proportion of the total amount on a monthly basis to those two
accounts, and the amount would be what you have approved in the budget.
Mr. Plummer: As approved in the budget.
Mr. Grassie: That's correct, that would be our intention.
1.9
SEC 51979
Mr. Plummer: Well, I don't know how he can deviate from the approved budget,
well,...I'm`'sure 'we can, but...
Mayor Ferre: All right, anything else?
Mr. Plummer: No, sir.
6. FIRST AND SECOND READING ORDINANCE: Amend Sec. 2 of 8719 - Es-
tablish new Trust & Agency Fund entitled "MIAMI POLICE COMPRE-
HENSIVE CRIME PREVENTION PROJECT.
Mayor Ferre: All right, we are now on item number ,l.(,Mayor Ferre reads the ordinance
by title into the Public Record) Is there a motion?
Mr. Plummer: Move.
Mr. Carollo: Second.
Mayor Ferre: All right, it's moved and seconded, further discussion, read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED
OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATION ORDINANCE, AS
AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED:
"MIAMI COMPREHENSIVE CRIME' PREVENTION PROGRAM" AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $300,000 OF WHICH
$30,000 IS TO BE PROVIDED FROM THE GENERAL FUND, SPECIAL PROGRAMS
AND ACCOUNTS, MATCHING FUNDS FOR FEDERAL GRANTS FOR FY 79-80; CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A
VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo, 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 J. L. Plummer, Jr
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Corollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Carollo, 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 DESIGNATED ORDINANCE NO. 9025
The City Attorney read the ordinance into the public record and
announced that copies were "available to the members of the City Com-
mission and copies were available to the public.
ON ROLL CALL:
*Mr. Plummer: Mr. Grassie, why is that money coming from the General Fund rather
than from the Police Department?
ON
DEC 51979
Mr. Grassie: Well, all of the Police Department's budget is in the General Fund
Commissioner, and it is only in that sense that it is coming from the General
Fund.
Mr. Plummer: So it's understood that that $30,000 will
designation for the Police Department.
Mr. Grassier No, the City normally budgets within the General Fund an account
that we call "Matching Money to Match Grants" and it would come out of that speci-
fic account.
Mr. Plummer: All right.
come from the General Fund
FIRST AND SECOND READING ORDINANCE: Amend Sec. 1 of 9000
to provide for the DADE COUNTY COMMUNITY SCHOOLS PROGRAM.
Mayor Ferre: Take up item 2. (Mayor Ferre reads the ordinance by title into
the public record) This is a housekeeping type of a thing, isn't?
Air. Grassie: Strictly accounting, Mr. Mayor,.
Mayor Ferre: Plummer moves item 2, seconded by Lacasa.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9000, ADOPTED
OCTOBER 17, 1979, the ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1980, AS AMENDED, BY DECREASING
THE APPROPRIATION FOR THE DEPARTMENT OF LEISURE SERVICES IN THE
AMOUNT OF $24,439; INCREASING SPECIAL PROGRAMS AND ACCOUNTS, SOCIAL
SERVICES PROGRAM, IN THE SAME AMOUNT, FOR THE DADE COUNTY COMMUNITY
SCHOOLS PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY VOTE NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
Was introduced by Commissioner Plummer 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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe-Corollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES:
None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner L tt•nsa, adopted said ordinance by the' following vote:
AYES Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice MayorArmandoLacasa
Mayor Maurice A. Ferre
NOES:. None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9026
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
21
DEC 1979
4
mission and copies were available to the public.
FIRST AND SECOND READING ORDINANCE: Establish Trust and Agency
Fund entitled: "PARK AND RECREATION PLANNING GRANT".
AN ORDINANCE ENTITLED -
AN 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: "PARK AND RECREATION PLANNING GRANT", AND APPRO-
PRIATING FUNDS FOR THE PURPOSE OF SAME IN THE AMOUNT OF'$35,000;
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
COMMISSION.
Was introduced by Commissioner Gibson and seconded by Commissioner
Plummer, 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 J. L.- Plummer, =Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Corollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Gibson and seconded by.
Commissioner Plummer, 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 DESIGNATED ORDINANCE NO. 9027
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and copies were available to the public.
SECOND READING ORDINANCE: Sepeal Sec. 50-79 of the Code
"Miamarina" and substitute new Section entitled "MIAMARINA
DOCKAGE RATES".
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTION 50-79 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MIAMARINA", AND SUBSTITUTING
THEREFOR A NEW SECTION 50-79 ENTITLED "MIAMARINA DOCKAGE RATES";
PROVIDING GUIDELINES FOR THE ANNUAL COMPUTATION AND ASSESSMENT OF
DOCKAGE RATES AT MIAMARINA; PROVIDING FOR THE RECOMPUTATION OF
DOCKAGE RATES AT OTHER TIMES FOR A SPECIFIED REASON; DEFINING THE
VARIOUS CLASSIFICATIONS OF BERTHS TO BE USED IN THE ASSESSMENT OF
DOCKAGE RATES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of November 26, 1979,
it was a taken up for its second and final reading by title and adoption.
On motion of Commissioner Lacasa, 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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: Noes.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9028
The City Attorney read the ordinance into the public record and announced
that copies were avaiable to the members of the city commission and, to the public.
10. SECOND READING'ORDINANCE: Amend Sec. 21-9 of the Code - "LOT
CLEARING PERMITS", by INCREASING LOT CLEARING PERMIT FEE
and INCREASING ADMINISTRATIVE PROCESSING COSTS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 21-9 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS TO LOT CLEARING
PERMITS BY REPEALING SAID SECTION IN ITS ENTIRETY AND
SUBSTITUTING A NEW SECTION 21-9 PROVIDING FOR AN INCREASED
PERMIT FEE AND, INCREASED ADMINISTRATIVE PROCESSING COSTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 26, 1979,
itwas taken up for its second and final reading by title and adoption.
•
On' motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance.
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
(Commissioner J. L. Plummer, Jr.)*
Noes.
NOES:
NOTE: *Commissioner Plummer. though absent on roll call,
reVested of the Clerk to be shown as voting with this motion.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.
that
9029
The City Attorney read the ordinance into the public record and announced
copies were avaiable to the members of the city commission and to the public.
DEC 51979
11. SECOND READING ORDINANCE: Establish FORMULA in determining
FEES FOR SPECIALIZED INSTRUCTION AND PROGRAMS offered by
the Department of Leisure Services.
AN ORDINANCE ENTITLED-
AN ORDINANCE ESTABLISHING A FORMULA TO BE UTILIZED IN DETERMINING
FEES FOR SPECIALIZED INSTRUCTION AND PROGRAMS OFFERED BY THE
DEPARTMENT OF LEISURE -SERVICES; -;PROVIDING A REPEALER CLAUSE AND
PROVIDING A SEVERABILITY PROVISION AND AN EFFECTIVE DATE.
1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Lacasa, the ordinance
was thereupon given its second and final reading by title and 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
Passed on its first reading by title at the meeting of November 26,
ABSENT:
SAID ORDINANCE, WAS DESIGNATED ORDINANCE NO
The City Attorney read the ordinance into the Public record and announced
that copies were available to the members of the city commission and to the public.
SECOND READING ORDINANCE: Amend Subsections (b) (c) (d) o
Sec.39-1 of Code - INCREASE FEE SCHEDULES FOR USE OF RE-
CREATIONAL FACILITIES.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (b), (c) AND (d) OF SECTION 39-1
OF THE CODE OF THE CITY OF-MIAMI, FLORIDA, AS AMENDED, BY INCREASING
FEE SCHEDULES FOR THE USE OF RECREATIONAL FACILITIES IN THE CITY AND
PROVIDING FOR PRIVATE SCHOOLS TO PAY THE SAME GROUP USE FEES AS THOSE
CHARGED PUBLIC SCHOOLS, YOUTH -SERVING ORGANIZATIONS, PROTECTIVE AND
GOVERNMENT ORGANIZATIONS, CHURCHES, CIVIC GROUPS AND FRATERNAL ORGANIZA-
TIONS; CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION AND
PROVIDING FOR AN EFFECTIVE DATE.;
Passed on its first reading by title at the meeting of November 26, 1979,
it was taken up for its .second and. final reading by title and adoption.
On 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 J. L. Plummer, Jr.
Commissioner Joe Caollo
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None..
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9031
The City Attorney read the ordinance into the public record and announced
that copies were avaiable to the members of the city commission and to the p
13. SECOND READING ORDINANCE Amend Subsection (b) of Code -
REVISE FEE SCHEDULES FOR USE OF THE SHOWMOBILE by quasi -
public organizations.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SUBSECTION ( ) OF SECTION 3 -2 2NOFTTHEF CODE
OF THE CITY OF MIAMI, FLORIDA, AS SCHEDULES FOR THE USE OF THE SNOWMOBILES BY QUASI -PUBLIC ORGANIZA-
TIONS IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting
of vember 26,
1979,
it was taken up_for its second and final readingby title and Carollo, adoption.
the ordinance
0n motion of Commissioner;_ Plummer, seconded by Commissioner
was thereupon given its second and final reading by title and 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: Noes.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9032
The City Attorney read the ordinance into the public record and announced
that copies were avaiable to the members of the city commission and to the public.
14. SECOND BEADING ORDINANCE: Amend Sec. 39-13.1 of the Code -
ALLOW MIAMI SPRINGS RESIDENTS OF THE CITY RESIDENT RATES FOR
ANAUAL MEMBERSHIP IN MIAMI COUNTRY CLUB, etc. RESTRICT REDUCED
GREEN FEE RATES DURING WEEKDAY HOURS, etc.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 39-13.1 OF THE CODE OF THE CITY OF
�r1
DEC 51979
MIAMI, FLORIDA, BY ADDING PARAGRAPH (f) TO SUBSECTION 1 THEREOF
AND BY AMENDING SUBSECTIONS 4, 5,,6 AND 7 OF SAID SECTION AND BY
AMENDING THE LAST UNNUMBERED PARAGRAPH OF SAID SECTION FOR THE
PURPOSE OF ALLOWING MIAMI SPRINGS RESIDENTS TO PAY CITY OF MIAMI
RESIDENT RATES FOR ANNUAL MEMBERSHIP FOR THE MIAMI COUNTRY CLUB IN
MIAMI SPRINGS AND RESTRICTING REDUCED GREEN FEE RATES DURING THE
WEEKDAY HOURS OF 8-11 A.M. DURING THE WINTER SEASON AND REVISING THE
FEES AT THE CITY OF MIAMI GOLF COURSES; CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of November 26, 1979,
it was taken up for its second and final reading, by, title and adoption.
On 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 J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: Noes.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9033
The City; Attorney read the ordinance into the public record and announced
that copies were avaiable to the members of the city commission and to the public.
15. SECOND READING ORDINANCE: Amend Ord.3740 which created the
Department of Citizens Services TO CHANGE THE NAME TO "THE
DEPARTMENT OF COMMUNITY DEVELOPMENT", etc.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 8740, ADOPTED JANUARY 11, 1978,
WHICH CREATED THE DEPARTMENT OF CITIZEN SERVICES, BY AMENDING SEC-
TIONS 1 AND 2,THEREOF, AND SUBSECTIONS (c) AND (e) OF SECTION 3
THEREOF, TO PROVIDE FOR CHANGING THE NAME OF SAID DEPARTMENT TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT; DELETING THEREFROM FUNCTIONS OF
ADMINISTERING CHILD DAY CARE PROGRAMS AND DEVELOPING CULTURAL ENRICH-
MENT ACTIVITIES; DISTRIBUTING TO SAID DEPARTMENT FUNCTIONS AND DUTIES
HERETOFORE PERFORMED BY THE OFFICE OF CUMMUNITY DEVELOPMENT; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 26
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the ordinance
was thereupon given its second and final reading by title and 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: Noes.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9034
The City Attorney read the ordinance into the public record and announced
DEC 51979
that copies were avaiable to the members of the city commission and to the, public.
16. DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
amending the ordinance which created the Department of
Leisure Services by redistributing functions and reponsibili-
ties.
Mayor Ferre•
Mr. Plummer:
Mayor Ferre:.
time.
Take up item 11.
Mr. Mayor, I would like to defer ll and 12.
bearing•
Mayor Ferret Mr. Grassie.
Mr. Grassie: It really does not, CommissWone arePluimer,ng hte hesesdepanortmeits hona what's
e
an established personnel schedule. What
happening in the Department of Publicity and Tourism. I think that I've briefed
you in the last two days as to where we stand in that Department.
We already deferred it once, Plummer, why are we deferring it this
I'd like to defer it, Mr. Mayor, until the matter is completely
Mr. Plummer: Yes.
Mr. Grassie:We-are still following
the
policy
know thattleveiindicatedStonyou,in tpersonally,
making adjustments to that staff and you that happened on
because you had an interest in being kept up to date on anything
that, but there is no relationship between that and this.
Mr. Plummer Yes, sir, I concur with all of what you say but it does have a bearing,
let me tell you where it has a bearing because it seems at that -not a disagreement -
but the misunderstanding that we have isintreference
wo new epto financings wil
of
athe
Dthertent
of Publicity and Tourism. The creation
o
fi-
nancingf of any other department and that's why I see it as a total picture, so, you
know, Mr. Grassie, what is unacceptable tWasevitallywill
interestedback
and yetthis
is�now
Com-
mission. Mr. Mayor, you were the one who
being misunderstood somewhere along the line, let me bring you up to date. During
the so-called "budget workshop", we had in the Committee e of theDWhole Room,t you u 1
think Mr. Mayor, were the one who made the p p
ad-
ditionalosa$100,000 funding, do you remember?
Mr. Mayor: Yes.
Mr. Plummer: On the basis of, not funding,but a contingency as needed. Now, the.,. discussed it
Manager doesn't understand that, the Manager says that was fine, you
but you didn't pass it, that's $100,000 up in the air and I'm saying that if you go
creating other departments, you
nhavesa legiit timate
eathinve agbthat
says
g.lI aain't
lggot
no
money left for that $100,000, a y
Mayor, as I told Mr. Grassie who, yes, had the courtesy to call and call on me
yesterday that we discuss this matter but that there would be further discussion,
and he -I thought understood and agreed with me at that point.
I'm saying that it
does have a bearing, that I told Mr. Grassie we would discuss this matter just af-
ter the holidays, and that we would bring it back in a total package hopefully and.
approve it all at the same time.
Mr. Crr.45te: Commissioner, just for
clarification
budgetedspurpose.
no stafftwo
changesmares
that we are talking about here now exist, are now
proposed,there is nothing that will change after this adoption that you are talk-
ing about with one exception of reassignment of existing administrative reponsibi
lity but there is no change in current City expenses that are made by this....The
only thing that this does is clear up our ordinances.
Mr. Plummer: So then it's not that pressing that it couldn't wait until after
the holidays, I concur with you.
Mr. Grassie: Commissioner, it has been on your agenda three times and you have
asked that it be deferred...
Mr. Plummer: Yes, sir. And I'm asking again.
Mr. Grassie: ...and you know, there is...and, of course if you want it to be
deferred and you feel strongly about it we will, but I have to emphasize for you
again that there is no relationship between this and what you are talking about
which is Tourism...
Mayor Ferre: Mr. Grassie, the relationship is that there is a perception that
you, as the Manager, don't want to accept something that the Commission had
previously set as a policy but was not adopted in the budget so you have to go
back, really, and readjust the budget to adopt it, that's what the thrust of all
fo this is.
Mr. Plummer: Well, that's true, Mr. Mayor, and Mr. Grassie is probably right that
we didn't formally adopt it, but it was, I think, understood by this Commission
that that was the way it would be.
Mayor Ferre In other words, what you are saying is that it was an oversight by
us but that the policy is still there.
Mr. Plummer:
Well, I agree to that, yes.
Mr. Grassie: Then,
I d to clarify for the information of all of the members
sion that you had was that you wanted to keep• open ,the optionpp
as much as'an additional $100,000 for purposes of Publicity and Tourism, -what
used to be that.
nee
of the City Commission. The point that was being made, as I remember,aop sating s
Mr. Plummer: Yes.
Mr. Grassie: None of that has changed, that is still the case, it still exists,
we did not putit aside specifically because as you remember we've had a very,
very difficult time making the budget but that possibility still exists.
Mayor Ferre: No, I think what Plummer is saying, Mr. Grassie, is that. he wants you
to formalize it.
Mr. Plummer: Yes, and also Mr. Mayor,thatyou ll thee Countythat
andin tat ame
tryhandsget an
stateme
nt nt that it was your intention togo
back to
additional $100,000 for Conventions. Do you recall that?
Mayor Ferre: Yes, sir.
Mr. Plummer: ..because it was stated that we hadsome
ecloutonand all I'm aat Board, namely
you, and I have not seen any moves in that direction,
you know, when we start putting these ducks in a row, that we put them all in a
row, that's all I'm saying. So I move the deferment of items 11 and 12.
Mr. Lacasa: Second.
Mayor Ferre: There is a motion and a second on the deferrals of items 11 and 12.
WHEREUPON, the foregoing mation by Commissioner Plummer, duly
seconded by Commissioner Lacasa, TO DEFER CONSIDERATION OF
AGENDA ITEMS 11 AND 12 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.
'28
DEC 51979
17. DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
creating the Department of Parks, providing of appointment
of Director and prescribing functions.
(Agenda item No. 12)
THIS MATTER, on motion duly made by Commissioner Plummer
and duly seconded by Commissioner Lacasa, WAS DEFERRED
BY UNANIMOUS VOTE, as was Agenda Item 11.
(NOTE: Please see previous item (above) whereby both,
Agenda item No. 11 and 12 were deferred).
(AGENDA ITEMS NOS. 13 AND 16 ARE WITHDRAWN)
18. Authorize agreement with DR. ERNEST R. BARTLEY and MR.
FREDERICK BAIR - REVISION OF CITY'S COMPREHENSIVE ZONING
ORDINANCE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79 829
A RESOLUTION .AUTHORIZING THE CITY MANAGER TO EECUTE THE ATTACHED
CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES WITH DR. ERNEST R.
BARTLEY IN CONNECTION WITH THE REVISION OF THE CITY'S COMPREHENSIVE
ZONING ORDINANCE WITH FUNDING FOR SAID CONTRACT TO BE ALLOCATED FROM
FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN AN AMOUNT NOT
TO EXCEED $30,000.
(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 Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES:None.
ABSENT: None.
(AGENDA ITEM NO. 18 IS WITHDRAWN)
19. DEFERRAL of consideration of discussion on THE ACQUISITION OF
TWO APPRAISALS to establish what fair return would be on possible
lease of MARINE STADIUM, etc.
Mayor Ferre: This is agenda item 19,there is a request that this item be deferred.
Is there a motion for this item to be deferred?
Mr. Carollo: Yes.
Mr. Lacasa: Second.
THEREUPON the foregoing MOTION TO DEFER this item, duly moved
by Commissioner Carollo and seconded by Commissioner Lacasa was
unanimously passed and adopted.
BM
BM
20. CLAIM SETTLEMENT: Jose Balsa $9,500
In settlement of alleged discrimination.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-830
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSE.
BALSA, WITHOUT THE ADMISSION OF LIABILITY,_ THE SUM OF NINETY-FIVE
HUNDRED ($9,500) DOLLARS, IN FULL AND COMPLETE SETTLEMENT OF HIS
CLAIM AGAINST THE CITY OF.MIAMI, AND CERTAIN OF ITS EMPLOYEES, FOR
DAMAGES SUFFERED FOR ALLEGED DISCRIMINATION.
(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 (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
21. DISCUSSION OF PAYMENT TO ADVERTISING FIRM OF NEW YORKERS
ANONYMOUS $42,415.75 for "advertisements and ad placements
regarding economic development for the City."
Mayor Ferre: Item 22. Mr. Manager.
Mr. Grassie: This is a request from our Department of Trade and Commerce, Mr.
Mayor, to authorize an advertising firm to place specialized ads to seek com
mercial interest and industrial development for the City of Miami.
No, he anticipated that this would come up in the afternoon.
Mr. Plummer: Well, you see Joe, here we go again, this rightfully, in my estima-
tion, should be handled by publicity and tourism, and they should be the ones who
are designated.' You know, we have a contract.
Mr. Grassie: We are talking -about' a different thing, Commissioner.
Mr. Plummer: We are talking about advertising.
130
Mr. Grassier Commissioner, we are not talking about advertising for tourists.
What we are. talking about is paid promotions, specialized advertising, to create
trade opporutnities for the City of Miami and based on the policy that you have
adopted in your budget process, we are treating this as being different from
the tourism kind of promotion that the county does. In other words, we are
trying to promote economic development for the City separate from and in ad-
dition to the tourism promotion that the County would be doing, and for that
reason we have viewed it as being different, and have organized it differently.
Mr. Plummer: I move that it be deferred until Mr. Castano is here to explain it.
Mayor Ferre: No, we don't need to do that, because this is the afternoon agenda,
we'll just take it up in the afternoon.
21.1 URGE Federal Government and/or State of Florida to ac-
quire privately owned uplands and submerged lands north and
west of BISCAYNE NATIONAL MONUMENT TO EXPAND BOUNDARIES.
Mayor Ferre: Is there a motion?
Mr. Lacasa: Move it.
Mr. Carollo: Second.
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-831
A RESOLUTION URGING THE FEDERAL GOVERNMENT AND/OR THE STATE OF
FLORIDA TO ACQUIRE PRIVATELY OWNED UPLANDS AND SUBMERGED LANDS
NORTH AND WEST OF THE BISCAYNE NATIONAL MONUMENT; TO EXPAND THE
BOUNDARIES THEREBY; AND DIRECTLY THE CITY CLERK TO TRANSMIT THIS
RESOLUTION TO AFFECTED AGENCIES.
(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 (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
22. EXTEND HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC
BEVERAGES DURING THE CHRISTMAS AND NEW YEAR HOLIDAYS.
Mayor Ferre: All right, item 24, Plummer moves it...
Mr. Plummer: No, wait, wait, I'm in favor of it but this is very, very broad
!Si
DEC 51979
terminology.
Mayor Ferri: Isn't this the same language we vote on every single year?
Mr. Plummer: No., no. Mr. Grassie, in the past, it has always been, as I
recall specifically targeted to Christmas eve and New Year's eve. This says
Christmas and New Year holidays'. That's the difference.
•
Mayor Ferre: He's got a point.
Mr. Plummer: It is my recollection that in the past what we have passed is that
on Christmas' eve we give an additional hour and on New Year's eve we give an
additional hour.
Mr. Grassie: The action part of your Resolution, Commissioner, which is Sec.'
1 after the "Now, therefore...", speaks to...it's being permitted on Sunday the
31st and Sunday, December 30, from.10:00 A.M. to to:00 P.M., I think that may
be as specific as you may want it to be.
Mr. Plummer: Fine, I move it.
Mr. Lacasa Second.
Mayor Ferre: All right, it's been moved by Plummer and seconded by Lacasa,
further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:.
RESOLUTION NO. 79-832
A RESOLUTION GRANTING CERTAIN EXTENSIONS IN PERMITTED HOURS OF
SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES DURING.
THE CHRISTMAS AND NEW YEAR HOLIDAYS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner 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 Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
23. ACCEPTING THE WAIVER OF "REVERSIONARY DEED RESTRICTIONS" ON
LEASING PORTIONS OF WATSON ISLAND, etc.
Mayor Ferre: Mr. Grassie, would you explain item 25, please.
Mr. Grassie: Item 25, Mr. Mayor, and members of the City Commission, is an
attempt on .your part to comply with a request of the Florida Cabinet in granting
to us our request on deeds with regards to Watson Island. What they have asked -
of the City is that we agree to a set of.conditions and what we do with this`
Resolution is agree to those conditions imposed by the Florida cabinet. If you
would like , I can have Mr. Fosmoen, who spoke with the Cabinet along with the
Mayor on this, speak further to those conditions.
Mr. Plummer: Please do.
Mayor Ferre: Let me see if I can explain this. there are four things between
us and Lui Ford on Watson Island. The four things between us moving forward in
Watson Island. The four things are: 1) A finalizing of the validation proce-
dures before the Supreme Court so that we can sell our bonds, we are on our way
to get that. 2) A clearing up of the title for the State specifically that would
give the City of Miami the ability to sublease land to concessionaires, which we
don't have at the present time. That was the item that we have been fighting
before the Florida Cabinet and that Mr. Fosmoen and I and others from the City
went up and which the Cabinet, with the Governor's approval voted upon, 5 to 2,
and which we secured, which was a major victory for this project.. The third
thing that needs to be done is we need to have a UDAG application approved which
is contingent on 1) and 2). And the fourth thing that we have is a -what I would
classify as a nuisance suit- which I think will be summarily dispatched within
the next thirty days, at least in four of the six points that are being brought
out. So what we have here today, is for us to accept what the Cabinet of Florida
voted upon two weeks ago by a vote of 5 to 2.
Mr. Lacasa: Move.
Mr. Carollo: Second.
Mayor Ferre: Moved by Lacasa, second by Carollo, further discussion, call the
roll.
The following resolution was introduced by Commissioner Lacasa, who moved`
its adoption:
RESOLUTION N0. 79-833
A RESOLUTION ACKNOWLEDGING THE WAIVER OF DEED RESTRICTIONS ON
LEASING ALL OR ANY PORTION OF WATSON ISLAND TO ANY PRIVATE PERSON,
FIRM OR CORPORATION FOR ANY PRIVATE USE OR PURPOSE AS CONTAINED IN
THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND DEED N0. 19447 TO THE CITY OF MIAMI UPON THE EIGHT
SPECIFIED CONDITIONS IMPOSED BY THE BOARD OF TRUSTEES THROUGH MOTION
OF. SAID BOARD AND AS SET FORTH HEREIN DATED NOVEMBER 20, 1979; FURTHER
DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO FULLY COMPLY FORTH-
WITH WITH THE AFORESAID CONDITIONS AND TO PROMPTLY REPORT THEIR
COMPLIANCE THEREWITH TO THE CITY COMMISSION AND TO THE BOARD OF.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND.
(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 (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
24. Extend Amended Agreement between City and DIPLOMAT WORLD ENTER-
PRISES, LTD. for SERVICES AS "DEVELOPER/OPERATOR for the WATSON
ISLAND PROJECT."
Mayor Ferre: We are on item 26, Mr. Grassie.
Mr. Grassie: Item 26, Mr. Mayor and members of the City Commission, simply
provides a one-year extension for Diplomat World Enterprises, which is the
33
DEC 51979`
developer for Watson Island and allows more time in recognition of the fact
that we have been developed because of the Federal IRS process.
Mr. Lacasa: Move.
Mayor Ferre: Moved by Lacasa, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Second by Mr. Carollo, further discussion, call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-834
A RESOLUTION AUTHORIZING THE EXTENSION OF THE DEADLINE DATE FROM
DECEMBER 31, 1979 TO DECEMBER 31, 1980 FOR THE ISSUANCE OF REVENUE
BONDS DESCRIBED IN PARAGRAPH 2(b) OF THE JUNE 29, 1979 "AMENDMENT
TO AGREEMENT" BETWEEN THE CITY 'OF MIAMI AND DIPLOMAT WORLD ENTER-
PRISES, LTD, WHICH AGREEMENT PROVIDED FOR THE DEVELOPMENT'OF WATSON
ISLAND AS A MAJOR THEME PARK THEREBY PROVIDING FOR THE CONTINUATION
OF THE SAID JUNE 29, 1979 "AMENDMENT TO AGREEMENT"; FURTHER ACKNOWL-
EDGING THE VALIDITY OF THE ASSIGNMENT TO WATSON ISLAND, LTD. BY _SAID
DIPLOMAT WORLD ENTERPRISES, LTD, AS PROVIDED IN PARAGRAPH 35 OF SAID
JUNE 29, 1979 "AMENDMENT TO AGREEMENT."
(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 (Rev.) Theodore R.
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Gibson
25. EXTBi1D TERM OF INVESTMENT BANKING AGREEMENT BETWEEN CITY AND
"PRESCOTT, BALL & TURBEN AND BLYTH EASTMAN DILLON & CO. IN-
CORPORATED"FOR SALE/ISSUANCE BONDS FOR WATSON ISLAND PROJECT.
Mayor Ferre: We are now on item 27. Mr. Manager.
Mr. Grassie: This does the same thing for the bond underwriter, Prescott, Ball.
Mayor Ferre: Moved by Lacasa, second by Carollo, further discussion...
Mr. Plummer: Under discussion, Mr. Mayor, Mr. Grassie, I discussed with you and
I'll handle it any way you want, I want it with the understanding that it is
subject to the UDAG grant. Now, do you want that in a separate resolution?
Mayor Ferre:
Mr. Plummer: No, it's not.
Mayor Ferre: Well, then put it
No, that's part and parcel of this.
as part.
Mr. Plummer: Well, Mr. Grassie
as a separate resolution, and I
has a problem with putting it as part rather than
have no hang-up either way but I want it in there.
'34
DEC 57979
Mayor Ferre: All right, I'll recognize you for the purposes of'making a separate
resolution if this passes.
Mr. Plummer: I'll make it part of the original motion, then, that it is subject
to the approval of the UDAG GRANT.'
Mayor Ferre: I mean, that's obvious
Mr. Plummer: I don't want to put anything in jeopardy.
Mr. Grassie The bonds have to be approved by the City Commission, of course,
so you do have an opportunity to impose that restriction when it comes in front
of you.
Mr. Plummer: Well, make it a part of this resolution then, subject to the UDAG
grant.
Mayor Ferre: Do you have any problems with that?
Mr. Grassie: No, it can be....
Mayor Ferre: Fosmoen, do you have any problem with that?
Mr. Fosmoen: Yes.
Mayor Ferre: You do.
Mr. Fosmoen: We are simply extending the contract that is already in place
with Prescott, Ball and Turbin. The UDAG may not be approved until early January
and we are taking an action now. If your concern is that they are going to get
a fee, an underwriting fee, without the UDAG....
Mr. Plummer: No, that's not my concern. My concern is very simple. I don't
want the bonds sold without the UDAG.
Mr. Fosmoen: They won't be, Commissioner. You have that control.
Mr. Plummer: So what's the problem of putting that in there?
Mayor Ferre: Mr. Fosmoen, if I may, because I've had experience in bond issues.
and things like that personally. I think that what you ought to do so as to not
to disturb the instrument itself is to pass a resolution extending it, and then,
further, pass a resolution specifying that no bonds will be sold unless the UDAG
application is approved, and that solves the problem, okay?
Mr. Plummer: I've got no problem with that.
Mayor Ferre: All right, so there is a motion on 27 and there is a second,
there further discussion.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-835
A RESOLUTION AUTHORIZING THE EXTENSION OF THE TERM UNTIL DECEMBER 31,
1980, OF THE INVESTMENT BANKING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE FIRMS OF PRESCOTT, BALL & TURBEN AND BLYTH EASTMAN DILLON
& CO. INCORPORATED FOR THE SALE AND ISSUANCE OF REVENUE BONDS IN THE
AMOUNT OF $55,000,000 TO FINANCE THE WATSON ISLAND PROJECT.
(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 (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
?35
DLc 51979
Mayor Ferre: Now, Mr. Plummer.
Mr. Plummer: I make a motion that this last Resolution be subject to the ap-
proval of the UDAG grant.
Mr. Grassie: A comment on that. I don't believe that you want to make the
last resolution, which is simply the retaining of an underwriter, what you
want to do...
Mr. Plummer: All right, I make a resolution that the bonds not be sold until
the approval of the UDAG grant.
Mayor Ferre: That's the way to do it. Is there a second on that? There is
a second on that by Carollo, further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved' its
adoption.
MOTION NO. 79-836
A'MOTION STATING THE POLICY OF THE CITY COMMISSION THAT IN
CONSIDERATION OF THE EXTENSION OF AGREEMENT BETWEEN THE CITY
AND PRESCOTT, BALL, TURBEN JOINTLY WITH BLYTHE EASTMAN DILLON
CO., INC., FOR THE SALE AND ISSUANCE OF $55 MILLION REVENUE
BONDS FOR THE WATSON ISLAND PROJECT; THAT NO PORTION OF THE
AFORESAID BONDS BE SOLD PRIOR TO THE APPROVAL OF THE UDAG GRANT.
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
DETERMINATION, IN NUMERICAL TERMS, OF THE WATSON ISLAND
PROJECT, as required by Circuit Ct. bond validation judgment.
Mayor Ferre: We need to this, as I understand it, because the Court requested
us to do that. It's been moved by Carollo, seconded by Lacasa, further discussion,
call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 79-837
A RESOLUTION DETERMINING IN NUMERICAL TERMS THE ESTIMATED.` COST
OF A THEME' AND AMUSEMENT PARK ON WATSON ISLAND (THE WATSON ISLAND
PROJECT) AS OF THE 27TR DAY OF APRIL, 1978, THE DATE OF THE PAS-
SAGE OF RESOLUTION NO. 78-302.
(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. NOES: None.
Commissioner (Rev.)'Theodore R. Gibson
Commissioner Joe Carollo ABSENT: None.
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
27. REVISE AND APPROVE RIGHT or DEVELOPMENT TO MIAMI CENTER
ASSOCIATES, INC. providing for notice to MIAMI CENTER ASSOCS.
INC. of City's intention to develop Dallas Park`, Hotel site.
Mayor Ferre: Item 29.
Mr. Grassie: You'll remember, Mr. Mayor, that in the process of validating the
bonds for the Conference Center we had to make some changes, we had to make
some changes in the agreement with the developer. What this resolution does
is to give the developer notice that we has 6 months to respond to us on the
question of developing a World Trade Center in conjunction with the Conference
Center
Mayor Ferre: Does anybody have any problem with that? Is there a motion?
Moved by Lacasa...
Mr. Plummer: What you are saying then, in effect, you don't feel that the con-
tract we gave the developer sufficiently spells that out?
Mr. Grassie: No. What we gave him was a five-year option to develop air
rights if you remember. That also contained a six-month notification period
and what this does is start those 6 months ticking, so that he hag to get back,
to us within a period of 6 months and what he is going to do at the World Trade
Center.
Mr. Plummer: Mr. Grassie, I don't mean to be a sticklerbut the word revising
does not mean what you just said. When you revise something you change it.
Mr. Grassie: That's why'I said what I started with Commissioner. If you re-
member, in the process of preparing the agreement with the developer to ac-
complish the bond validation for the Conference Center, we had to make some
changes.
Mr. Plummer: Yes, sir, those were the revisions.
Mr. Grassie: Those were the revisions. Now, these are companion revisions
which have to do with the development of the air rights. Now, what we have
done so far are the revisions that have to do with the Conference Center.
Mr. Plummer: All right.
Mayor Ferre: Now, do you second that, Plummer?
Mr. Plummer: Yes.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-838
A RESOLUTION REVISING AND APPROVING THE RIGHT OF DEVELOPMENT
TO MIAMI CENTER ASSOCIATES, INC. AND WHICH PROVIDES FOR NOTICE
TO MIAMI CENTER ASSOCIATES,INC. OF CITY'S INTENTION TO DEVELOP
CERTAIN FACILITIES ON THE DALLAS PARK HOTEL SITE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
3'7
DEC 5 1979
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.
if
Approve agreement between City and MIAMI WORLD TRADE CENTER
ASSOCIATES, LTD., as developers of AIR RIGHTS of CONVENTION
'CENTER garage into "WORLD TRADE CENTER", providing for first,
refusal rights if not executed within a certain period of time.
Mayor Ferre: Take up item 30, Mr. Manager.
Mr. Grassier Item 30 really, simply clarifies and continues the policy of the
City Commission with regards to air rights and this represents a restatement
event to give them a clear right of first refusal.
Mayor Ferre: All right, moved by Carollo second by Lacasa, further discussion,
call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 79-839
A RESOLUTION APPROVING AND AUTHORIZING THE PREPARATION AND
DELIVERY OF AN AGREEMENT BETWEEN THE CITY AND MIAMI WORLD TRADE
CENTER ASSOCIATES, LTD., AS DEVELOPERS OF THE AIR RIGHTS OF THE
CONVENTION CENTER GARAGE INTO A WORLD TRADE CENTER, AND WHICH
PROVIDES FOR RESTORING FIRST REFUSAL RIGHTS TO MIAMI CENTER.
ASSOCIATES, INC. IF THIS PROPOSED AGREEMENT IS NOT EXEUCTED
WITHIN TWO MONTHS.
(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
Commissioner Joe Carollo
Vice Mayor Armando. Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
29. CONSENT AGENDA
Mayor Ferre: Before the vote on adopting items included in the Consent
Agenda is taken, is there anyone present who is an objector or proponent that
wishes to speak on any item in the Consent Agenda? Hearing none, then is there
a motion?
The following resolutions was introduced by Commissioner Plummer
by Commissioner Carollo and 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
seconded
NOES: None.
Absent: None.
29.1 ACCEPT BID: CENTRAL STATIONERS, INC.
S91,000.00
(Office furniture and equipment)
RESOLUTION 79-840
A RESOLUTION ACCEPTING THE BID OF CENTRAL STATIONERS, INC.
FOR FURNISHING OFFICE FURNITURE AND EQUIPMENT FOR THE DEPART-
MENT OF FIRE AT A TOTAL COST OF $91,000.00;'ALLOCATING FUNDS
FROM THE FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
BOND FUNDS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
29.2 ACCEPT COMPLETED WORK: Miri Construction, Inc.`
$ 1,874.12
(for Buena Vista Sanitary Sewer Modifica-
tions Phase III, Bid "C".
RESOLUTION 79-841
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MIRI
CONSTRUCTION, INC. AT A TOTAL COST OF $20,044.40 FOR, THE BUENA
VISTA SANITARY SEWER MODIFICATIONS -:PHASE III,; BID "C"; AND.
AUTHORIZING A FINAL PAYMENT OF $1,874.12.
29.3 ACCEPT BID: Frisa Corporation
$726,997.50
(West End Storm Sewer` Project)
RESOLUTION 79-842
A RESOLUTION ACCEPTING THE BID OF FRISA CORPORATION IN THE PROPOSED
AMOUNT OF.$726,997.50, THE BASE BID OF THE PROPOSAL, FOR THE WEST
END STORM SEWER` PROJECT, WITH MONIES THEREFOR ALLOCATED FROM THE
"STORM SEWER G.O. BOND -FUND" IN THE. AMOUNT OF $726,997.50 TO. COVER
THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $79,9700
.0
TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND TH
.
AMOUNT OF$14,539.50 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER
TO -EXECUTE A CONTRACT WITH SAID FIRM.
29.4 ACCEPT BID: Boynton PUmp and Supply Co., Hector Turf and Garden, and
Peninsular Supply Co.
S$7,720.21
(for Irrigation Materials - Parks Department)
RESOLUTION 79-843
A RESOLUTION ACCEPTING THE BIDS OF BOYNTON PUMP AND SUPPLY AT A
COST OF $634.80; HECTOR TURF & GARDEN AT A COST OF $3,398.64;
and PENINSULAR CUPPLY CO. AT A COST OF $3,686.77 FOR FURNISHING
IRRIGATION MATERIALS FOR THE DEPARTMENT OF PARKS; AT A TOTAL COST
OF $7,720.21; ALLOCATING FUNDS FROM THE TRUST AND AGENCY FUND -GRAND
39
(text of title of Res. continued
on next page)
btc 5 v9to
• AVENUE PARK IMPROVEMENT PROGRAM; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE
MATERIALS.
29.5 ACCEPT BIDS: 'Maszk's Work Shop, P & B Enterprises, 3-D Investments,
Inc. and Trophy Reloading
$30,208.46
(Ammunition for the Police Department)
RESOLUTION NO. 79-844
A RESOLUTION ACCEPTING THE BIDS OF MASZK'S WORKSHOP, INC. AT A
COST OF $2,135.00, P & B ENTERPRISES AT A COST OF $12,763.80
3-D INVESTMENTS, INC. AT A COST OF $2,700.00, AND THOPHY RELOADING
AT A COST OF $12,609.66, FOR FURNISHING AMMUNITION ON A CONTRACT
BASIS FOR ONE YEAR FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST
OF $30,208.46; ALLOCATING FUNDS FROM THE 1979-80 OPERATING BUDGET
OF THAT DEPARTMENT;' AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS.
29.6 PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO ACCEPTANCE OF COMPLETED,
CONSTRUCTION OF "SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5413-C (center
ine) and SR-5414-S (sideline).
RESOLUTION NO. 79-845
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SILVER BLUFF
SANITARY SEWER IMPROVEMENT SR-5414-C (Centerline) and SR-5414-5
(sideline).
29.7 ACCEPT COMPLETED WORK: T and N CONSTRUCTION COMPANY, INC.
of Culmer Sanitary Sewer Modifications -Phase III
RESOLUTION NO. 79-846
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY T AND N
CONSTRUCTION COMPANY, INC. AT A TOTAL COST OF $55,585.98 FOR
CULMER SANITARY SEWER MODIFICATIONS - PHASE III; AND AUTHORIZING
A FINAL PAYMENT OF $3,308.60.
DISCUSSION ON THE VICE-MAYORSHIP.
Mayor Ferre: There is a question on the vice -Mayorship which, while we have a
few minutes, we can discuss. Now, your term is up when?
Mr. Plummer: Mr. Mayor, my term is technically up now. I have made it known
that I am travelling for the City to Colombia on Friday. I would like, with
the permission of the Commission, to, be allowed to retain it for a stipulation
to the lst of January just for the purposes of being able to travel with....
Mayor Ferre: Well, I don't know about that.
Mr. Plummer: Well,;I didn't ask you. Mr.Mayor,...
Mayor Ferre: What are you moving, Father?
Rev. Gibson: That he be given that opportunity.
!40
DEC 5 1979
Mr: Plummer: Well, I think Father we can encompass it in a motion. It would
be subject to January 1st.
Mayor Ferre Who is going to be the Vice Mayor this next year.
(UNIDENTIFIED SPEAKER): Lacasa.
Mayor Ferre: All right, there is a motion.
Mr. Plummer: I will second the motion and Father, I will remind you that the
Vice Mayor presently serving usually has the honor of making the motion:
Rev. Gibson All right, make the. motion.
Mr. Plummer: I makethe motion.
Mayor Ferre: Plummer moves that his reign be extended for the
between now and Christmas time to January 1, and that starting
Lacasa be the Vice Mayor for the calendar year 1980.
Rev. Gibson: Not the calendar year of 1980 but until November.
Mayor Ferre: Until November, okay. Why do we do it until November, is there
any reason?
Mr. Plummer: Yes, we got into a hassle, two years ago, as I recall, with Rose
who didn't have her full three days and she wanted an additional 72 hours and
we got blown out somewhere there.
remainder of
January 1 that
Mayor Ferre: Why don't we make it on a calendar year and that way there is no
hassle about it?
Mr. Plummer: You have to change the Charter, that's the problem.
Mayor Ferre: I've got no problems, I've got no problems. Call the roll.
The followingmotion was introduced by Commissioner Plummer,' who mOvedi its.
adoption.
MOTION NO. 79-847
A MOTION APPOINTING COMMISSIONER ARMANDO LACASA AS VICE -MAYOR
OF THE CITY OF MIAMI;'SUCH APPOINTMENT TO BECOME EFFECTIVE
ON JANUARY 1, 1980.
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
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
None.
31. DISCUSSION OF INCREASE OF RICK SISSER'S SALARY (City of
Miami Lobbyist in Tallahassee)
Mayor Ferre: We also have the Rick Sisser matter. What is the recommended
amount, Mr. Manager?
Mr. Cras::ie: What has been requested of the Commission by our Tallahassee
lobbyist. Rick Sisser, is that we increase his fee from the current $18,000
:41
DEC : 1979
salary and $6,000 of expenses, to a total of $24,000 for salary and $12,000
in expenses.
Mayor Ferre: How much do we spend with our Washington lobbyist?
Mr. Grassie: A total of $26,000.
Mayor Ferre: Does that include expenses?
Mr. Grassie: That includes everything.
Mayor Ferre: Well, I personally don't have any problem with that, because I'll
tell you...
Rev. Gibson: What are those figures again?
Mayor Ferre: $24,000 for the retainer and $12,000 in expenses.
Rev. Gibson: What was it before?
Mr. Grassie: It was $18,000 and he is proposing that it go to $24,000, for
salary. And from $6,000 to $12,000. In other words, from a total of $24,000
to a total of $36,000 per year.
Mr. Plummer: Can you bring it back this afternoon?
Mayor Ferre: All right.
32. DISCUSSION AS TO SCHEDULING OF REPORT FROM ROBERT KRAUSE
ON THE CHANGES OF THE CIVIL SERVICE RULES AND REGULATIONS.
Mr. Plummer: Not a pocket item, just a reminder. You will recall, Mr. Mayor,
the controversial item that you spoke to before, that of the rule changes per-
taining to Civil Service. There were members of this Commission apart from
myself, namely Father Gibson, who were fully understanding that there was another
issue to be discussed relating to that matter as the passage of those rules took
place. Those matters, Father, I want to remind you and this Commission, has not
been discussed and I'm sure it is an oversight, but this oversight is now some
four or five months and I fail to find it in an agenda, mainly, who is it that
is going to administer the rules. You will recall Father, your area of concern
as well as mine. Mr.. Grassie, may I ask why this matter as requested by the
Commission has not appeared again in the Agenda?
Mr. Grassie: The principal reason, Commissioner, is that staff who would be
the most responsible for putting that together is Mr. Krause, as you know,
who suffered a heart attack and has been away from the City. He has been away
from his job with a heart attack for about three months. He has been back in
the office now for about 10 days and if you would like for us to put that on
your first' --either first or second agenda in January, we will be happy to do
that.
Mr. Plummer: Mr. Grassie, I accept that and I will ask that it be put on the
agenda no later than the 1st of February.
Mayor Ferre: Okay. Thank you very much. Are there, any pocket items at this
time, since we have a half an hour?
Mr. Lacasa: What will be then the next Commission hearing?
Mr. Plummer: 27th of December.
Mayor Ferre: I:' wish to advise the members of the Commission that I simply cannot
be here on. the 27th, so I just wanted to get it on the record.
�42
DEG i 1979
33. DISCUSSION BY CITY ATTORNEY OF THE GATES LITIGATION.
Mr. Knox: Mr. Mayor, if I could just give a brief statement concerning the
so-called Gates litigation, which is the pension litigation. You are all
aware of the fact that there was a Summary Judgment entered against the
City of Miami_ which we have appealed. In conjunction with that, we are in
the process and have almost concluded negotiations with Mr. Robert Paul, of
the firm of Paul, Lindy and Bailey to assist us in the processing of that
litigation in its entirety and we are now preparing a Resolution and I would
hope to have it ready for you this afternoon and I just wanted to advise you
while we had some time that that was taking place.
Mayor Ferre: Well, it happens to be a very important subject.
34. COMMENDATION by COMMISSIONER J. L. PLUKIER, JR. OF THE
POLICE DEPARTMENT ON PROTECTION TO DOWNTOWN MERCHANTS.
Mr. Plummer: Mr. Mayor, I also want to inform the Commission, you know, this
came up at this time every year. Mr. Grassie, in the past I have asked the
Administration to convey to the Police Department that they provide the neces-
sary personnel for the Downtown area for the protection of the merchants
during the Christmas season. I want to tell you that I don't have to make
that motion this year. It is very obvious that the Department has circumvented
my making that motion by doing what I feel is right. I want to tell you that
they have made the Department very visible and I want to tell the Chief that
even though he stole my thunder that I congratulate him for, doing a good job,
and I think this Commission owes him a thank you for that.
Mr. Grassie: Thank you, Commissioner.
THEREUPON the City Commission went into a Lunch recess
at 11:30 A.M., reconvening at 2:10 P.M., with all members
of the Commission found to be present.
35. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. Presentation of Commendation to Mr. Ignacio Fiferre.
2.' Presentation of a Proclamation to Ms. Celeste`Boeras.
36. APPROVE ONE YEAR EXTENSION OF VARIANCE ADD CONDITIONAL USE
REQUESTED BY DEVELOPER OF MIAMI CENTER (Ball Point).
Mayor Ferrer
Mr. Grassie:
the City, Mr.
be granted.
Mr. Plummer: Mr. Grassie, you were not at the last meeting, obviously.
Were you at the last meeting, Mr. Grassie?
Mr. Grassie:
Take up item 20. Mr. Manager.
The granting of this extension falls within past practice of
Mayor, members of the City Commission, and we recommend that, it
was at the last meeting, Commissioner.
Mr. Plummer: Do you recall a motion being made' at this Commission level that
the Applicant must be present for any consideration by this Commission.?
Mr. Grassie:
Mr. Plummer:
The Applicant is present, Commissioner.
Where is Mr. Gould?
Mayor.Ferre: Mr. Gould is a corporation and a representative of
tion is .
the corpora -
Mr. Plummer: All right, I stand corrected.
Mayor Ferre: So the Applicant is here. Mr. Grassie; is there anything else
that you want to add?
Mr. Grassie: Only that we recommend that it be granted, Mr. Mayor.
Rev. Gibson: Move.
Mayor Ferre: Well, before we do that we have Roy Kenzie and Dan Paul who
want to be heard, so let me....Roy?
Mr. Roy Kenzie: Mr. Mayor, members of the City Commission, I'd like to bring
you up to date on the Miami Center project which is the variances that are being
asked to be extended on. The finance and commitment on the Miami Center project
are now completed, both for the permanent and the construction loan portion
with Bankers Life and Metropolitan handling, the permanent financing and a con-
sortium of banks involved in the construction financing. There is a clause
within the permanent construction financing arrangements with both Bankers Life
and Metropolitan that the Holywell Corporation, Mr. Ted Gould, would have to
start construction on the project 30 days after the formal closing.
Mr. Plummer: Mr. Kenzie, excuse me, you know, it's well and good for you to
stand up there and say that on the record, okay? But really, you don't repre-
sent that corporation. I' want on the record a member of that corporation or
its representative to stand up on that mike for the record and tell me the reason
why they did not after propounding to this Commission that they must have an
answer by the 1st of June, which has come and gone 5 months ago,"that if we
didn't ask them that they; were to pick up and move. Now, I appreciate your
being here and defending them but I want to tell you as one member of this
Commission, that your putting it on the record does not have the same clout
as,they, 'themselves, ' representing themselves. So what I'm really saying to you
is that you can continue but as far as I'm concerned -and I'm sure the rest of
this Commission- that I want a representative of that Company on the record
saying what you are saying and telling this Commission why when we were beaten
in June that they must have it or they were going to pick up their marbles and
go home, here it is December, we dropped the lawsuit, all that, and yet they are
coming here asking us for another extension, and I'm going to tell you,I don't
Look at that very favorably.. You know,.: when we did acquiesced to their position
and: their position really wasn't their position.' So, you can go ahead and con-
tinue but I want that corporation on the record and I have some questions for
DEC 5 1979 ;;
Mrs Kenzie: Okay, I'll speak and then Ron Nestor for the corporation will
speak. I was saying that they are committed to start construction thirty
days after closing and they are intending to close on the property before the
end of the year and they, have to close on the property before the end of the
year, so they are expecting to file for building permits and move ahead and
the financing is taken care of and I'll let Ron Nestor elaborate from that
point.
Mayor Ferre: All right, the next speaker is going to be Dan Paul and then.
I'll' recognize him.
Mr. Dan Paul: Mr. Mayor, members of the Commission, as Mr. Plummer pointed
out this group has been here ringing the panic button now not on one occasion
but on half a dozen occasions Not only when it came time for the City's liti-
gation but when we were considering proper waterfront setbacks and see -through
problems. They said, oh, there was no possible way, they were ready to start
construction within two weeks. I sat here until 1:00 o'clock one morning and
heard these crocodile tears shed about how terrible it would be if they had
to comply like everybody else and set back and provide the proper see -through
variances
Mayor Ferre: I think the words were that our word was not worth a plug; nickel,
I think that was the quote.
Mr. Paul: Right, the session got very hot, as I recall it, very hot and obvious-
ly none of those commitments have been lived up to. This obviously is an enor-
mously important piece of property,` it's the key to what happens in the rest
of Downtown development, what is built there, and I'm not suggesting that you
should turn down this request today but I am suggesting that...Mr. Reid advises
me that the last plan filed by this developer with his Department are dated
May`21. We know from reading the newspapers that this project is undergoing
considerable change since that time. I understand that the office towers have
changed in shape and configuration and location and there are changes in the
hotel. What I'm suggesting is that you defer this matter until an up-to-date
set of plans are filed and I think Mr.'Plummer's request is proper. I think
Mr. Gould on a project of this importance ought to be here. He is asking you
to do something that he got himself into by flipping up and not making the re-
quest for the extension like other people are required to do within thirty
days of the time the variances expire and I think it is extremely important
before this Commission extends these variances that you see what the changes in
the plans are because you granted the initial variances based on the plans that
were then on file. Maybe the changes are all for the better, I certainly hope
so because the project couldn't have been worse from the point of view of the
City's long range point of view and hopefully it has been scaled down so much
for the better, but for goodness' sake, let's have them file, let the Planning
Department review them and then act on this extension. I -don't think anything
is going to burn up tonight if you don't act. The gentleman isn't even closed
on the piece of property as yet and doesn't own it and I can only smile with
amusement at our civic leaders who went down in the heat of August for the
ceremonial groundbreaking, maybe some of you people attended that session that
hot August day. You haven't seen anything broken there since, Father Gibson,
I think you broke the only ground Father Gibson that was broken there that day.
But in any case I think it's minimum protection for the City that, those up-to-
date plans be filed before you consider the matter.
Mayor Ferre: All right, let's hear from Mr. Nestor and then we'll hear from' the
Commission.
Mr. Ronald Nestor: My name is Ronald Nestor, I'm Vice President -of Holywell
Corporation and I reside at 600 N.E. 36th Street, Miami. Florida. Several
questions were proposed and I won't attempt to respond to all of them at the
outset but I will be delighted to respond to them' individually to any questions
that this Commission might have.
With respect to the filing for the extension of our Conditional Use Permit
and our Height Variance. I must admit that our not filing within thirty days is -=
the simply product of human error, whether the error is my own or my lawfirm,
It is ultimately my responsibility, and I have no excuse other than time slipped
up on us and it was only three days before the permits were going to expire that
one of our construction lenders reminded us that we, needed to renew them.
DEC
1979
In addition to working on the office building andthe hotel every minute of
every day, we have accelerated the schedule for the construction of the con-
dominiums on the site by approximately one year. For the last five weeks I've
been spending three days in Washington, D.C. and two days in Miami trying to
finalize the plans for the condominiums which we intend to presell during late
January or early February and hope to get to the construction in June.
Let me. now within broad scope of bring you up to date on where the office
building and hotel construction loan closing is. We have been doing our best
since the 22nd day of January 1979, to bring this project to fruition. If I
may just take three minutes to give you some idea of the scope of the under-
taking that we are confronted with. We are dealing now with two large insurance
companies who are providing the permanent financing, five title insurance com-
panies who are providing title insurance to our permanent and construction len-
ders; three casualty insurance companies and seven construction lenders. In
addition to that we have ten equity participant and a 35-member lawfirm and
35-member development team and two individual lawfirm working on the project.
Mr. Plummer: Now I know why you don't have any financing left.
Mr. Nestor: We have been working and work related to this project is being
undertaken in New York, Washington, D.C.; Atlanta, Houston, Miami, Jacksonville,
Portland, Los Angeles, Des. Moines, and several other major cities in the United
States. The point is that it is a massive undertaking. We have dedicated all
of our coffers -financial and human resources- to bringing this thing about and
where we are at this moment is as follows: Our permanent financing has been
secured, we received a commitment back in May for permanent financing, that is
$89,500,000 from Metropolitan Life Insurance Company and $23,000,000 with the
Bankers' Life Insurance'Company. Our construction financing is being provided
by seven different banks. The banks have been calling me all week to find out
when they need to gear up the funds, the initial draw on the construction loan
and I advised them that we are trying to pull this thing together by the 15th of
this month. It may have been technically possible for us to close the construc-
tion loan prior to the date but because of some provisions in our permanent fi-
nancing to do so would have resulted in a compromise in the quality of the project.
There is a provision in our permanent financing commitment that requires us to
begin full construction 30 days after we close the construction loan. Since
we have not negotiated all of the subcontracts involved in the project if we had
closed..we would in effect have been at the mercy of our general contractor,as
subcontractors and our material men with respect to the price we were having to pay.` And,
instead of trying to accelerate the closing we have used not closing the construc-
tion loan to our advantage in order to be able to negotiate with the unions, with
the general contractor and the sub -contractors for a better project.
Mayor Ferre: Just on the record, do you still think that our word in the City
is not worth a plug nickel, Mr. Nestor?
Mr. Nestor: I regret that I made those words and I won't attempt to defend
them' but'I ask you to view them in the context in which they were spoken at that
point in time I was, at least I viewed myself in a battle in defense of a pro-
ject that I had fought so hard and long on it and it was a time of high emotional
content, if I may say so, so I apologize for that incident.
Mayor Ferre: Let me express my position on this. I -think what Dan Paul is pro-
posing is reasonable. However, I would like to recommend that we do it somewhat-
differently because, if we defer this Dan and should that... lenders are very
nervous, and if we do anything that'is going to shake up these lenders to give
them an excuse.
Mayor Ferre: No,no, 60 days is legal. See, if we give a 60-day extension what
happens is this. We cannot then extend it beyond 60 days.
Mr. Plummer: Why not?
Mayor Ferre: Because the law does not permit it. Seethe Charter says "an
extension" singular, "an extension up to one year." It doesn't say "extensions"
up to one year, it says "an extension". One extension,... suppose for some crazy
reason they don't have anything in line. Here is what I'd like to recommend -
Dan, I want you to listen to this. That we put the following conditions: 1) That
this is conditional upon their bringing back a plan which is acceptable to the
Commission. 2) That they close on the property before January 1st, is that what
you wanted?
:46
DEr
;�1979
Mr. Plummer: Maurice, I'm not trying to go for a specified date, okay? Fut
I want to work with theta, be agreeable with them, but there is an Amen.
Mayor Ferre: But the point is I don't want the Amen to be an amended
because that's....
Mr. Plummer: I want to be reasonable but I want it to be -here it is, you know
you've got "x" number of days, you get your act together, whether it is January
1st, I'll vote to February 1st, I want to be reasonable but I've got some other
questions to bring up that I want to incorporate in the motion.
Mayor Ferre: So, again,. let me reiterate what I'm saying. I recommend that we
approve the one year estension provided however these two conditions be met.
1) That you close on the property by January 15th. 2) That you bring plans before
this Commission which we haven't seen since May 1st. Now, is that legal?
Mr. Joe Alvarez Yes, sir.
Mayor Ferre: It is legal. Okay.
Mr. Nestor: I,..believe me, we are going to be doing everything we can possibly
do to close this construction loan before the end of the year. If we don't close
it before the end of the year and it has to run over into January...
Mayor Ferre: February 1st. Okay? February 1st, there is a time certain.
Mr. Nestor: I don't see any problems with being able to... Now with respect to
updated plans for investigation,we have been reviewing with the Building Department
on a number of occasions, although the Building Department on a number of occasions
although the Planning Department may not have cognizance of what we have been re-
viewing with Building and Zoning.
Mayor Ferre: The Building Department does not have any votes, and the public has
not been privy to see that.
Mr. Nestor: Okay, but I can have plans tomorrow in the Planning Department
Mayor Ferre Fine, I've got no problems with that. Do you have any problems
with that, Joe?
Mr. Plummer: I do.
Mayor Ferre:, All right, Mr. Plummer, let's hear your problem.
Mr. Plummer: My problem is, unless my information is incorrect, that the new
plans are going to require additional variances.
Mr. Nestor: I know of no additional variances.
use permit for parking....
Mr. Plummer: Mr. Reid. have you seen the new plans? He says he's been working
with you, sir.
Mr. Grassie: No, the. Building Department.
Mr. Plummer: Well, who is with the Building Department.
Mr. Grassie: Salman.
Mr. Plummer: And he is not here?
Mr. Grassie: No.
Mr. Plummer:
Mr. Grassie:.
Mr. Plummer:
Why?
Normally, he would not be here.
I request he be here.
We have simply a
conditional
Mr. Grassie: Mr. Reid has had a conversation with Jerry Selman who is the head.
of the. Building Department and possibly Jim can comment and try to answer your
question.
Mr. James Reid: We proceed
plans on file and variances
in terms of a project like this
are granted and conditional use
on the basis of
permits are granted
DEC
5 1979
based on plans on file. The plans on this project that are on file are on file
as of May 21st. There have been approvals so far by the Building Department of
some site preparation work fencing, construction trailers being on the site and
grading. There has been no foundation plans filed or no requests for a founda-
tion permit. Preliminary foundation plans have been discussed with the Building
Department and those plans -preliminary foundation plans, which have to be follow-
ed up by detailed building plans, shows no substantial change in the structure.
If there is a substantial change in the structure, then it would have to be re-
cycled back through the whole permit process. So I think the key determination
here is a determination to be made by the Building Department in terms of whether
the plans as they go through, the development process - in terms of foundation 1
and building plans and so forth- represent a substantial change from what. thisms
Commission and the Zoning Board approved.
Mr. Plummer: Now, would you answer the question. The question was is there ad-
ditional variances going to be needed based upon new plans that have been sur-
rendered.
Mr. Reid: Based on the plans we have on file there are no requests for ad-
ditional variances.
Mr. Plummer: What you are saying is, to your knowledge, you have seen no new
plans, you know of no new plans....
Mr. Reid: That's exactly what I said.
Mr. Plummer: All right, so we've gotto wait for Salman, who he supposedly
has been working with.
Mr. Reid: And if there are such variances they would have to come back and be
approved in the same manner...
Mr. Plummer: Ah, you see...now that's where it hits the fan. We,might not
want to renew this here if we knew what the new variances might be.
Mr. Reid: But we have to go the basis of the plans on file.
Mayor Ferrer Now, wait, wait Mr. Reid-, excuse me Mr..Plummer, the chairjacog77,
nizes for clarification..because we are just wasting time here. Would you state
on the record your name and what you are about to say.
Mr. Nestor: Again, my name is Ronald Nestor, Vice President of Holywell.Corpora-
tion. Sir, to the very best of' my knowledge, there are no new variances, the
plans have not changed, in terms of anything that would require..,..
Mayor Ferre: Well, Dan, this is the representative of the Corporation.
Mr. Nestor: We have a conditional use permit for parking and a height variance,
Okay? The plans that are on file...
Mayor Ferre: And we have already approved that.
Mr. Nestor: Right, we hve not breached the height of the building and again,
if anything new to the building it would require additional consideration.
Mr. Plummer: That's not the point, sir, now let's come to the crux. The crux
is are you going to require any additional -not the two that have been granted
any additional....
Mayor Ferre: But he answered that: Answer it again, answer it again.
Mr. Plummer: He said they have not changed from those two that we gave you.
Mayor Ferre: No, that's not what he said, let me repeat what he said, what I
heard him say. "To the best of my knowledge there are no plans to get any
variances at all." Period. That's what;I heard him say, Now, that answers
your question, but if you want to ask him again, ask him again.
Mr. Nestor: Sir, in the first phase of the building, there is an office build-
ing and a hotel. I just previously referred to our acceleration of our schedule
which is with condominium. Now, in terms of condominiums, we, again, must ask
you to permit residential development and C-3 zoning, we have to ask you for a
conditional use permit for the parking and for the residential, but as far as
the office building and the hotel are concerned, you have already approved the
'48 1; E ( .i 1979
things for which all of our filings have been arranged, there are no changes
and we... ..........
Mayor Ferre: In other words, what you have submitted to us and what we have
approved, and is on record as being approved for which you are asking an ex-
tension today, to the best of your knowledge there is not now nor will there be
in the future any variances.
Mr. Nestor: That's true, sir.
Mayor Ferre: With regards to those areas, that you have not taken a permit or
sought the Commission's posture on, that has to come before us yet, and when
it comes that's something we will deal with at that time..
Mr. Nestor: Yes, sir.
Mayor Ferre: And if this Commission decides to vote against it that's the
prerogative of this Commission at that time. That is not before us today nor
has it been before us in the past, is that wrong?
Mr. Paul: That's wrong.
Mayor Ferre: Tell me where it is wrong.
Mr. Paul: Mr. Nestor has just told you that they expect to start selling con-
dominiums in January and they obviously cannot buildthe condominium part of
this project, as he now admits, without coming back and seeking not only the
variances he sought but setback variances as well. This is one coordinated
project and it's extremely important, as Mr. Plummer says, to see what the whole
thing is going to look like in one picture. In the original site development
plan approval was as one project with the condominiums in it. This Commission
approved it on that basis, the South Regional Planning Council approved it on
that basis and you certainly need to see that revised plan. I don't know what
it is, but by everybody's admission it changed considerably and I' think it would
be totally improvident to grant this conditional variance until you have seen
what the whole revised plan looks like.
Mayor Ferre: Again, my recommended motion would say the following. We approve
the estension in item 20 of a variance, of conditional use on the condition that
1) the property be purchased by February 1st and 2) that the total plans for
the project be submitted for approval by the Commission and made available to
the public and to the press before the Commission makes, its approval. In other
words, I don't want it being released the same morning that we are going to vote
on it. I want the public to have ample opportunity to look at it, to study it
and to 'comeback with their comments..
Mr. Plummer: Are we still under discussion?
Mayor Ferre: Yes, air, no one has made a motion yet.
Mr. Plummer: Oh, I thought you did, that's why I was waiting. Have you closed
on the property?
Mr. Nestor: No, sir, we have not.
Mr. Plummer: Are you at liberty to tell us why?
Mr. Nestor: It was decided by the owner, Mr. Ball, by the owner of the property
that for some reason which I do not understand, that it was to his advantage to
close at the time that we closed the construction loan on the project. Whether
they were savings in recording taxes, or whatever. He agreed some months ago
that he wanted to close on the acquisition of land at the time we closed on the
construction financing, and that's it.
Mr. Plummer: Tell me about the lawsuit.
Mr. Nestor: Yvs, sir. About the suit that went before the Supreme Court of the
United States?
Mr. Plummer: I'm.talking about the lawsuit about the assessment on the property.
Because remember, when testimony was given here one of the big selling factors
was how much this City would raise in new revenue based upon the construction
cost and the property and now we see that suddenly there is a lawsuit filed.
Please respond to that.
!49
DEC 5 1979
Mr. Nestor: Yes, sir. I can respond to that. The tax assessor on the basis
of an article that appeared on the Herald established its value both for Ball
Point and'for the area. He established it at a price that was higher
than the price that we had agreed to pay for the property. Our opinion with
respect to the real estate appraiser was supposed to base his taxes on the fair
market value, that the fair market value .of the property had just been established
by the money had paid for it and there could be very little difference of opinion
with respect to the taxes for the year 1980 since we met with the tax assessor
he agreed that he perhaps didn't have the most appropriate basis for assessing
the property. The taxes went up some 25% on the basis of an article that ap-
peared in the paper and it was his suggestion that we proceed as we have in order
to bring this action in line with what we have actually paid for the property.
Mr. Plummer: What did he assess it at?
Mr. Nestor: He assessed Tract D of Dupont Plaza, which is Ball Point, at someZ.-�•_r,
thing like $19,000,000. We had agreed to pay $17,000,000 for the property. That's
up from approximately $14,000,000 last year. So there was a $4,000,000 increase
and what we are trying to do is bring that assessment back in line with fair
market value.
Mr. Plummer: dave you agreed to pay what you paid for as being 100%?
Mr. Nestor: 100%, yes sir, cash.
Mr. Plummer: In other words, you are willing to pay taxes assessed at $17,000,000.
Mr. Nestor: Yes, sir.
Mr. Plummer: All right. So, in other words, youcan get your complete act toge-
ther by the 1st of February.
D E C 5 1979
Mr. Nestor: I do. The only - if I may comment upon the Mayor's motion,,since
the motion was subject both to our closing on the 15th of February and some
additional consideration by you of the plans, I could file plans tomorrow but
I don't know when you can or when your representatives can take a look at those
plans and the only two issues on the plans that require your attention were the
two zoning matters, the variance for the heighth and the the conditional use
as it relates to the office building and hotel.
Mr. Plummer: Now you made a comment before that youhad been working with the
Building Department.
Nestor With the Building Department, Mr. Genuardi and plumbing and
electrical.
Mr. Plummer: And what kind of work have you been doing with them?
Mr. Nestor: It was agreed back in late July that the most appropriate way to
take this massive project through the various departments of the Building and
Zoning Department was to establish a coordinating committee that was composed
of representatives of .each of the various sub -departments within the Building
Department so that there is a representative of the Fire Department, the
electrical department and the plumbinb department all present and they have
been present at a series of meetings reviewing the plans for the building in
terms of egress and ingress and fire truck access to plazas and that sort of
thing.
Mr. Plummer: How long before Mr. Salman will be here?
Mr. Grimm: He's on his way, Commissioner.
Mr. Plummer: So, you feel if we were to give you a 90 day extension that would
not be unfair.
Mr. Nestor: I think it would be most reasonable.
Rev Gibson: Why don't you give them until the first of the month?
Mr. Plummer: Father, I give them 120 days, I just have problems with 12.
months. I'll give them four months, five months, give them six months
UNINTELLIGIBLE CONVERSATIOft
Mr. Nestor: I know what has to be done in order to complete theconstruc-
tion along closing and any day more of grace I could be given I would be glad
to take.
Mayor I r•re: Well look, tell it like it is, can you live with 6 months?
Mr. NpL.tcrr: Yes, sir, I certainly can.
Mayor Ferrer Now you remember that in 6 months that's it because we can't go
for any further extension.
MrWestor: I understand that
Rev. Gibson: Why don't you ask for a--- Look, you may be better off asking
for a year and get back to six months, then you've and you might, you
know. I would hate to think that you come back here in 120 days and you're
:51 Drc 51979
not ready because we're going to be mad. You had better make sure you have
enough time to get your act together, sir, and you're much better off. I
don't think we want to try to kill the project, nobody wants to do that.
Mr. Plummer No, you're wrong there, not everybody.
Rev. Gibson: Why even Mr. Paul says he is not opposed to it.
Mr. Paul: (speaking from audience) I said providing we see the plans and
see.....(INAUDIBLE)
Mr. Plummer: Why was Mr. Paul at my funeral home making pre arrangements
for it?
Mayor Ferre: Mr. Plummer, Since you're stillthevice-chairman, if you will
take so we can get this thing off of dead center - if you will take the
gavel `I will make the following` motion. I ntove you, sir, that the City of
Miami Commission extend - are we going to go six months or a year?
Rev. Gibson: I want the than to have ample time, when he comes back here if
he doesn't have his act together....
Mayor Ferre: All right, for one year. Provided, however, that the Hollywell
Corporation or their'affilliate corporation or whatever, will have purchased
Ball Point by the first of February it's conditional on that. And, that
the total plans for that particular development be made available to the pub-
lic before the Commission sees them and that the Commission approve any re-
submitted plans that are different from what you have already submitted. Does
that cover it? That are different from what you submitted.
Mr. Plummer: The only thing 1 think
date of submittal for the plans.
it would be fair is to put a date on the
Mayor Ferre: By February 1st
Mx. Nestor: You see, if you extend my variance and conditional use permit
on the basis of the condition that you just outlined then I have to accom-
plish those things before I can. close.
Mayor Ferre: That's correct.
Mr. Nestor:
o I will bring. plans.in_on Monday of next week.
Mayor Ferre: Yes, but you see that doesn't mean anything until the Commis-
sion has the opportunity to see them and approve them if you've changed any-
thing. Now if you haven't changed anything....
Mr. Nestor: But I' am bound by the laws of the City of Miami to submit plans
in substantial compliance with the plans on file. I` got a conditional use
permit and a variance on the basis of certain plans and I`°can't....
Mayor Ferre: If you don't vary it from that then there is nothing that we
can do at this stage of the game. If youdo change it in any way then I
think 'this '<Commission has....
Mr. Plummer: That's where you're wrong. If they comply substantially with
what they've got - remember, and I'm not inferring but you have a new mem-
ber of this Commission who might not vote the same way. Okay? And you do
have control right now. You do have control right now. If you approve this
you're right, all they have to do is come in as where they were before.
Mayor Ferre: No, Plummer, let me reiterate the sense of my motion. And
please, Mr. Knox, as the City Attorney I'm looking to you. I'm not looking
to Dan Paul, he can advise us but I'm looking to you to make sure that we've
got this legally right. What we're doing is we are giving him a one year
extension as the Charter gives us the authority to do provided, however,
that there are two conditions that must be met for him to get that extension:
(1) that he must have title to the property in his hands by February 1st
that's one condition - If he has it February 15th he hasn't met the condi-
tion and, therefore, he doesn't have the extension. (2) That the plans for
the total project - the total project, I mean the total project on the 8%
acres of Ball Point be brought before the Commission, that they be made pub-
lic and that this Commission officially approve them prior to his getting the
extension of variance. In other words we're approving it subject to that.
If this Commission with a new member when these plans are brought before us
decide not to approve those plans you don't get your extension. Now Dan, did
I say that wrong?
52
U k C 1979
INAUDIBLE
Mayor Ferre: Ok. The whole project on that piece of property called Ball
Point. That doesn't include DuPont Plaza or anything he might have ten years
from now or two years from now.
Mr. Nestor: Mr. Mayor, the Ball Point developments the development of the
8.46 acres is being accomplished in two parts.The first part is an office
building and a hotel. We submitted the plans to the Zoning Department and
have approvals for the only two things that we need there and that is con-
ditional use for parking and a variance for heighth....
Mayor Ferre: 1 understand that.
Mr. Nestor: If I may proceed. Originally we had not planned to do the con-
dominiums until 50% of our office building had been leased. That was a<con
dition imposed by our permanent lenders because they didn't want us to confront
the risk of, a long lease appeared for the office building and a
appeared for the condominiums but we've convinced our lenders that we can
accelerate the condominium schedule then take advantage of a very good condo-
minium market in Miami. So through, roughly 21 months ago we decided to ac-
celerate the condominium schedule and I have been going back and forth between
Washington and Miami to finalize those condominium_ plans. Now the condominium
plans have not been finalized. Okay, i might respond to Mr. Paul, I do intend
to sell condominiums, to pursue it to a -reservation agreement which is an
agreement either the purchaser or the developer can back out of in late Jan-
uary and early February and I have been working as hard as I can to get the
drawings up to a point where they can be done. Now I don't have to have any';
variances in order to seel pursuant to a reservation agreement, the whole pur-
pose of it is to test the market. If we have designed the wrong building we
go back and do another. You know...
Mayor Ferre: Mr. Nester, I understand all of that. You haven't said one thing
so far that I didn't understand before.
Mr. Nestor: But my point is, sir, that I'm gearing up for construction on
closing on the 15th of this month. Okay? And if I have to deliver to you
before the 15th condominium drawings that are satisfactory to you then I'm
in a bind.
Mayor Ferre:
Mr. Nestor:
Mayor Ferre:
.`Nester, i understand all of that.
Yes, sir.
Plummer is making a very valid point which Dan Paul previously
made and that is the opportunity for us to have the
chance to review the total
package is right now. Once we sign off and give, you the one year extension
in effect we've waved off on one, we still have theabilityto come back and
review and approve and disapprove the second portion which as of yet you have
not submitted to us.
Mr.!9estor:
Yes, that is correct.
Mayor Ferre: At that time the answer, therefore, is that we have the ability
to approve or disapprove the second portion. However, Plummer maintains the
point that we should not buy I think it's called a pig in a poke.
Mr. Plummer:
A piece of real estate in hell.
Mayor Ferre: It's not a piece of real estate in hell. It's a damned` nice
project which I think we're all going to be proud of
Mr.. Plummer: No, my saying is
Mayor Ferre: Well, I think, we don't want to buy something that we don't
understand and since we're not privy to itwhat in effect you're saying is
"We want you to see the new Cadillac Seville and here is the front part of
it. Okay? And we're going to let you see the back part next month." And
the back part isn't quite - you know, when,I saw that new Cadillac Seville
I said they've got to be kidding, I mean this isn't -;they want to imitate
a Bentley but 1 think it is a monstrosity myself. But they let us see the
front part, well the front part is exactly like the Cadillac Seville of
lastyear, and we'll let you see the back part later on. Then I go to see
the back part - the back part may not be agreeable to us. Now, the answer
to that, Plummer, and that's what this Commission has to deliberate on is
that we have always got control of that by saying when they bring the back
tj , r_. 5 1979
part that it's not acceptable. So we....
Mr. Nester When we originally established the program those options were
and remain open to you. I mean if you don't like what we've designed, we're
trying to do the best condominiums that have ever been in the City. If
you don't like the design of our condominiums you have control of it,because
I can only build condominiums downtown subject to a conditional use permit
for the residential.
Mr. Plummer: You don't understand. Let me in a dumb boy's language try to
tell you what the Mayor is saying in big boy's language. He deals with the
high priced help, Mr. Paul, I have to deal with the poor boy's lawyer over
here. All right? What the Mayor is trying to tell you if I understand the
Mayor, and I don't always do which is good, that if you don't bring an accept
able plan for "B" which is the condominiums you're going to lose "A". Now
you'd better understand that. See, we can lose you "A" today. Now what
the Mayor is saying with the back end of his Cadillac, if we don't like the
back end you're going to lose the front.
Mayor Ferre: Well, but see, that brings up - that's what I said, that's
what I meant - but let me tell you where I'm having problems.
Mr. Plummer: Because you know the important factor? The steering wheel is
in the middle and we're behind that wheel right now.
Mayor Ferre Let me tell you where the problem may be in this whole thing,
and Dan, I want you to think this thing through. with us. .They've got a clos-
ing coming up in another couple of weeks. If we don't give them the extension
on what they have already gotten the permission to build obviously the lenders
ae going to be kind of nervous and they may not want to write off on the pack-
age if they don't have the right to build it. If that then precludes the clos-
ing from happening then they in turn could be in a technical default of our
condition if February 1st comes around and we get into one of these chicken
egg situations that the Commission didn't do, therefore, the lender didn't
lend, therefore, the buyer didn't purchase and the seller didn't sell and,
therefore, that violates the Commission's,intention-that we're placing here.
And -I don't think that serves anybody's purpose So, isn't the way to do
this then, Dan, ,because I'm just thinking out loud, for us to say that we
in effect approve this on the following conditions? One that they purchase
the land by February 1st, two that they bring us the plans if any ,changes
have been made on, the part that has been approved by the time they close
and three that they bring the second phase of this to us by date certain
and that we place the date now. Now, what would be the date? March? April?
Mr. Nester: I had hoped to be able to file on the loth but I think....
Mayor Ferre: The loth of what?
Mr. Nester: Originally I had hoped with respect to the condominium to. make -
the zoning meeting that takes place I think the l7th of January in order to
do that - 27th - I would have had to file the plans by the l7th of December
but I cannot make it but I can get them in by January for the next Commis-
sion Meeting.
Mayor Ferre: Okay, do you have any problems with that?
Mr. Paul: Yes. It's exactly as Mr. Plummer said, it isn't correct that you
have only approved the office tower and the hotel,, you approved an overall
plot plan and that's what I'm concerned with: I don't care how he finishes
it off or what:his foundation plan looks like, I'm concerned what the overall
affect is going to be, on Biscayne Boulevard and Bayfront Park and the set-
backs from Biscayne Bay and you approved an overall plot plan showing number
of towers and where they were going to be located and there's no reason,
and he's going to talk about selling reservations, he's obviously going to
have to have some kind of diagram as to where the condominiums are going to
be placed, there is no reason why that plan can't be made available if it's
different from the one you've already approved.
Mayor Ferre: I agree with that.
Mr. Paul Well that's all I'm asking for. Nobody expects them.to have, of
course, they've told so many stories I don't know what to believe anymore
when it comes from that side but there is no question that nobody is expect-
ing them to have foundation plans and working drawings but it's certainly
not too much to ask on the most important piece of'land and the key to down-
town development that this Commiss' n have the opportunity to see to see the
• 4
rwc 5 1979
siting of the buildings, the setbacks and what is going to go there as an
overall piece. Just as Mr. Plummer said, it makes absolutely no sense to
show it in halves.
Mayor Ferre: Okay, let's see if I can cover it this way. George, would
you help me on this? All right, Mr. Plummer, I make the following motion,
this is a new motion. I move that we grant to Miami Center a one year exten-
sion of variance and conditional use on the following three conditions:
(1) That they purchase the property and have fee title by February 1st;
(2) That if there are any changes on the portion that we have already ap-
proved, that is.the office portion that has been already approved which is
the hotel and the office building, that it be brought to our attention for
approval before the extension goes into effect and (3) regarding the second
portion which is the condominium portion that it come to this Commission
for approval by March 15th. Does this give you enough time?
Mr.Nestor: It gives me more than enough time. In fact, let me make one
comment about that. I find myself in ,the awkward position of not being able
to close because there is a condition in the future that may not be met. For
example, if I tell my construction men Okay, I've got my extension on my con-
ditional use and variance I'd like to close on December 15th. They say Okay,
we'll putour money down but then they look at March and they say but what
happens if You do not by march submit the condominium plans to the City?
They say, well then our conditional use permit and the height , permit variance
vanish, the thing they've already put the----
Rev. Gibson: Isn't it true that we are agreed - all that heat we took we
took it because we were going for a total project. Isn't that true?
Mr.Nestor: Yes, sir, it is.
Rev. Gibson: Well not it would appear to me that if you're going to act in
good faith you ought to either have it by them - not the foundation plan -
Okay? You ought to either have it by them or you aren't going to have it.
Mr.Nestor: I will have them by March 15th but what I may have to do is in
order to close get them to you before the end of December because I'm sure
my------ ---
Rev. Gibson: We have no problem. But what we're saying is that if we give
you that, March date, my brother, you'd better come with all or nothing.
That's the way I'm going to vote. I want to see that other thing so that I
could know what is the relationship of number' one to number 2 and number 2
to number 1. Okay?
Mayor Ferre: Ron, can you live with number 3?
Mr.Nestor: When can I meet with you again before, the end of this year?
See, that means, I'm afraid of what the consequence of the condition is that
I won't be able to close until you've already looked at the condominiums be-
cause the lenders are going.. to say' they're not going to run the risk of you
disagreeing in March 15th with our proposal on the condominiums. So I, need
to get back to you and if you don't meet again until the 27th then that
gives me two days before the end of the, year.
Mayor Ferre: Mr. Knox, does the City of Miami Commission have ample legal
authority in your opinion in its policing powers, does the City of Miami
Commission have sufficient latitude within the policing powers upon review
of the second phase which has to do with the condominium portion to accept
or reject any variances without getting into a complicated lawsuit that in
effect by approving in principle the total plan that we approved, in effect
it was inherently approved at the time that we approved the general plan?
Mr. Knox: We would only suggest that perhaps the language of the granting
of the variance could be that the variance was granted for a period up to
on° year rather than the period of one year subject to the submission on
dr,t•4 certain that you would chose of the plans that you wish to review in
order to ascertain whether or not you would continue them the priviledge
of having a variance for an extended period of time.
Mayor Ferro: Yes, but that doesn't answer my question. My question is they
brought us a total plan, we approved it in principle. That plan I think had
some inherent variances in it even though we did not specifically approve the
variance because then the plan was divided into two phases: one office in
one hotel and the other condominium. We then dealt with the office and hotel
and approved some variances there. They're now here before us asking for an
t : 6 1979
r55
extension on that particular variance that we approved for an extension..
My question is upon the approval of the general plan for the whole area
including the condominiums are we in a legal bind if later on Gould comes`
here, applies for variances similar to what he had on his master plan, we
deny it, can he then sue and say it was inherent in your approval of the
site plan that you were going to approve the specific variances that we
are now requesting which you are now denying and, therefore, you are in
violation? And, therefore, in court give us the right to proceed as we
presented in the master plan.
Mr. Knox: At this point if there are no requests for variances related.to
the development of a master plan then the granting of variances relating
to the to office building and hotel would'not presuppose the granting of
variances as in the master plan.
Mayor Ferre: Okay. And you feelthat would be a defensible position?
Well, I'll tell you to make it even more clear you put that as one of the
conditions that they have to accept before they get this waiver that they're.
not going. to come back later on and if you accept that then I've got no
problems withdrawing 3. Do you follow what I'm saying? In other words I
want your lawyer to tell our lawyer that in the future if -they come here,
you Gould comes here and asks for variances that we don't approve that he's
not going to come back and say "Hey, you approved the master plan, that
was inherent tacit approval of what we were going to do and now we come
back with the specifics and you disapprove" I want you, to accept the fact
that we have the policing power to reject phase II if we want to and you're
not going to go challenge us in court.
Mr.Nester Sir, that will be the case but let me tell you, see what we're.
asking to do is put residential development downtown which requires a con-
ditional use permit. And it requires a conditional use permit for parking.
Both of those two things we included in our master plan and so the only
thing that there could possibly be any dispute between us about is the
height of the building and that's subject to...,.
Mayor Ferre: Mr. Nester; let me tell you something. I don't know Mr.
Gould that well but I've talked to him enough times that I am impressed
that he likes to use high powered lawyers. He talks about Clark Clifford
and he talks about so and so and so and so and the fact is that in Rosalyn
Virginia he did the impossible. Okay? And he did it and he fought the
whole City Hall, he took everybody on and he won. Okay? And some of the
things he's told me as to who is, going to take on and how is going to do
this and he's not going to be pressured into this by Southeast and Charlie
Swigg doesn't do this and the other guy isn't going to pressure him and no-
body tells him when to start or when to stop it impresses me with the fact
that Mr. Gould is a pretty feisty kind of a guy and that Mr. Gould is in
the best tradition of Ed Ball and one -Ed Ball is enough. You know? Now
you know we don't need another Ed Ball now that Ed Ball is hitting 91 and
now we've got another 40 year old Ed,Ball starting up in Miami that's go-
ing to take on the world and use Clark Clifford and all the legal talent
of Washington, New York and Florida to keep us in court for 20 years.
Mr.Nestor: I think that I would welcome a condition to the granting of
this extension that we would not use as the basis of a lawsuit or in defense
of your not agreeing with us that you've already approved something in the
master plan, therefore, you have to grant the variance. I see our task as
presenting to you something in terms of the condominiums that it will be
acceptable to you.
Mayor Ferre: With that proviso then I have no problem substituting that for
number 3 if that makes you able to close on December 15th.: So let me reiter-
ate it, Mr. Knox, and you're going to have to put all this down in language
somewhere that people can understand. The three conditions are (1) purchase
of the property by February 1st; (2) that if there are any changes in the
phase that we've already looked at and approved they have to come back here
for approval and that the public will have ample time to see it before it
comes before the Commission and (3) with regards to the second phase which
is namely the condominium that they waive any legal rights to come back
should the Commission in the. future not grant them what they ask for that
they're not going to use any legal subterfuge or other angles to get away
and sue us for performance or what have you based on the fact that we ap-
proved in principle a master plan. I want them to waive that specifically
in legal language acceptable to you.
Mr. Plummer: But then are you in effect, is that your
5s
DEC 51979
Mayor Ferre: Yes.
Mr. Plummer: Are you then in
without any chance of
Mayor Ferre: Yes, because we
Cadillac and that's the point.
effect giving them the front end of the Cadillac
Mr. Plummer: Don't you always
age going in as you can have?
not if it gets to the point where you kill the project
is knowing now - they've got to deal with 8 lenders.
is to deal with 1 lender, when you get with 8 lenders
Mayor Ferre: Yes, but
and what I'm afraid of
Listen, I know what it
that's impossible.
have the right to approve the back end of the
See?
like, Mr. Mayor, I- do, to have as much lever -
Mr. Plummer: They've got a bigger problem, they've got 22 lawyers.
Mr. Nestor: Firms, law firms.
Mayor Ferre: Well, the point is that I think enough is enough. I think we
can only„ I think you can only get so much, you can't blood out of a beet.
I think if you want to kill the project fine, let's kill the project but
if you want the project to live then I think we've got to put the restraints
but they can't be restraints that, are lethal, they have to.restraints that
they can live with., And I think with....
Mr. Plummer: Is there a second to the motion?
Mr. Lacasa: Second.
Mr. Plummer: Under discussion, Mr. Salman, you have had some, chances to re-
view the plan. To your knowledge is there anything that you have presently
reviewed that is in any way going to require additional variances or deviation
from that which has been granted by this Commission?
Mr. Gerardo Salman: Up to this moment, the first phase which was the thing
that we are working with,_I don' see any variance from the set of drawings
that were presented before you to be approved.`
Mr. Plummer: ';didn't qualify my question but you qualified your answer, now
answer the question again. You have had the opportunity to look at the,plans.
Mr. Salman: The preliminary plan, yes, sir, they are not developed plans and
at -this moment preliminary plan as sent to us are not in any substantial dif-'
ference from what you have approved.
Mr. Plummer: That's the total project.
Mr. Salman: Of Phase I.
Mr. Plummer: I'll ask the question again for the third time,.
Mr. Salman: For the whole project?
Mr. Plummer: Now you're getting it.
Mr. Salman: No, I haven't seen a set of drawings for the whole project in
which I can make any judgement.'
Mr. Plummer: So what you're saying to the. Commission is is that you have not
seen any plans other than the office and hotel
Mr. Salman; May I present some drawings that I have here so you can see, the
stage of the project?
Mr. Plummer: After you answer my question I would have no problem.
Mr. Salman: Would you repeat it again?
Mr. Plummer: yes, sir. You at this time, you the department, have only seen
plans as they relate to the hotel and office structure?
Mr. Salman: We have seen also for the condominium which I have here a very
sketchy thing which is only to set the basis of fire evacuation, the stairs,
firs' separation, distance corridors and so forth. It is a very preliminary
tl:in,t, it you allow me and the Mayor.:0E0y
DEC,
1979
Mr. Plummer: Those preli;ninary sketches that you have do not show any need
of additional variances in the condominium area as presented by them in the
master plan?
Mr. Selman: Let me qualify my answer. They are so preliminary that I don't
know how they will end.
Mr.Nestor: We have never submitted any plans for the condominiums for a
variance or zoning review. The only way that the condominiums have ever
been'presented have been conceptually in the development of regional impact
we did not have, you know it was in the master planning phase that they were
looked at at that time. We haven't submitted them to the. Building Depart-
ment, the condominium plans for any review since we have not applied for
any zoning relating to those items.
Mr. Plummer: All right, we hear here many times that you can't bring pic-
tures, we were given pictures, we were shown what the condominiums were go-
ing to be like not only in a rendering but also in a model. Now Paul didn't
pull out of the thin air nor did I something that says that you are deviat-
ing from that which was presented whether it was a plan or a rendering,
Let's ask a question. Have you see the basic structure? Have you tumed
the building?
Mr.Nestor: The basic concept of the condominiums, at least the architec-
tural concept has probably undergone 10 revisions since January of last. year.
(INAUDIBLE) Well, in some cases radical because they were done, it was
changed to achieve the desired objectives of being able to look through the
project so it's not one massive block of buildings. We have two very narrow
condominium towers now. At one point in time the Model which -I think you're
referring to which is not a model we ever brought before the City Commission
but the model showed one very very large condominium building and if you
looked at the site from the Omni, for example, you could not see between
them. You'd see the office building, the condominiums and the hotel. So in
order to preserve the vista we broke the building apart and so we now have
one that in effect sits behind the office building and one in effect that
sits behind the hotel. So you do, from north, south, east, west you can
see there is light and air going through the entire project, it does not
appear so massive.
Mr. Plummer: What you're saying is it's for the better.
Mr.Nestor: Absolutely.
Mr. Plummer: Great. My final question, and I'll shut up. Are you familiar
with the recent ordinances, you're familiar with the recent Charter Amend-
ments relating to the waterfront?
Mr.Nestor: Yes, sir, I am.
Mr. Plummer: Are you willing to stipulate on the record now that you will_
not break those recently passed amendments in your project?
Mayor Ferre: Stipulate that he won't break what?
Mr. Plummer: Stipulate that he will comply and not ask for a deviation from
the recent Charter Amendments that were passed by the electorate.
Mr.Nestor:: I cannot, I mean I can't. He's talking about a 50 foot setback
of the new amendment that was passed, the one that our project and all projects
that have previously been, development orders that have previously been issued
on were not subject to that amendment. He's saying now will we bring ourselves
under this new setback requirement.
Mayor Ferre: No, he doesn't have the authority to do that.
Mr. Plummer: It relates to the condominiums which are on the water which
he's not even surrendered plans for.
Mr.Nestor: Yes, sir.
Mr. Plummer: Now are you willing to stipulate that that portion you will
not ask for a variance from those two Charter Amendments?
Mr.Nestor: Sir, I cannot because when we designed the layout of the office
building, the hotel and the condominiums we assigned part of the 8.46 acres
to the office building, to the hotel and to the condominiums on the basis
58 SEC ) 1979
of our understanding at that point in time wit respect to where we could.
build and where we couldn't build. Basically we gave to the City a 20 foot
easement around the site for a bay walk or a river walk. Okay? Then it
is within the confines of that 20 foot riverwalk that we are building our
condominiums. So we intend with respect to some of the low condominiums
to come up to the 20 feet, with respect to the high rise condominiums there
are other setback and side yard requirements contained in the Code that man-
date that we set the buildings back in some cases 41 feet and 6 inches, some-
thing like that. Now because of the fact of both of the allocation of office
building and hotel then if I allocated a 50 foot strip all the way around the
2,000 feet or 1,800 feet of that perimeter I would use up all of my land and
I wouldn't have any land to put a building on. But it will be designed in.
keeping with the development of regional impact and the application for develop-
ment sort of has been submitted to you as well as to your Planning Advisory
Board and the South Florida Regional Planning Council and the development
order contains 18 different conditions that we have to meet which apply equally
to the condominiums as well as to the office building and the hotel.
Rev. Gibson: In other words you're telling us that what you would ,do is
build based on when you applied, what was the rule at that time and.notwhat
followed afterward.
Mr.Nester::' That we would urge that.
Rev. Gibson: I could understand that.
Mr. Plummer: Further discussion? Call the roll. Excuse me, P^.r.Paul?
Mir. Paul: It's not clear to me from the Mayor's motion that these plans that
we're going to get, the revised plans that show all these changes on the
hotel and the garage and the office tower are submitted before this becomes
effective. Is that clear? It's not clear to me that the public>is going to
get an opportunity to see these revised plans before this extension becomes
effective.
Mayor Ferrer The intention is very clear, let me reiterate it. With regards
to the part. that has been approved, the hotel and office and garage, if there.
are any changes other than what has been submitted, and' is on record now....
Mr. Paul: Well it depends on what you. mean by what's on record. I don't
know what is on record at the Building Department. I'm talking about the
plans that were filed with the Planning Department back in May. If there are
any changes in those plans, and you need to tie it to that.
Mayor Ferrer That's correct. If there are any changes on the original plans..
that were shown to the public in thisroomthrough the City of Miami Commis-
sion, if there are any changes from those plans submitted May 21st, I think
it was....
Mr. Grassier For clarification, Mr. Mayor, we have to understand that we're
talking about substantial changes, not the moving of alight switch or..sore
thing like that, we're talking about substantial changes.
Mayor Ferre: Well, of course, not the moving of a door
Mr. Paul: (INAUDIBLE, SPEAKING FROM AUDIENCE)
Mayor Ferrer Change of garage, height changes, setback changes, tower changes,
anything of that nature which is substantial in nature. Let ,the record reflect
that.
three feet or....
Mr.Nestor: I can submit those plans the first part of next week. Is it
possible for the Building and Zoning or the Planning Department of the City'
Manager to review those plans and indicate that I have, in fact, satisfied
the condition so that I can go ahead and close?
Mayor Ferre: All right.
Mr. Gra ss.ie: t'or clarification with regard to your intention, Mr. Mayor and
members of the City Commission, so that they would hope to close on the 15th
of this month, as I understand their schedule at this point, we, of course,
.ire not going to have a meeting of the City Commission by then, another one,
so the quo:,ti.on is what would you like us to do? Two things are going to
bo in front Of you, one is the first part of the Cadillac and you've already
hoard that at this point there are no substantial changes. Now the second
Tart of that project will be in front of you but as I understand your intent
i59 UfC' 197$
you are not conditioning the extension on a review of the second part.
Mayor Ferre: Mr. Grassie, I think that is made abundantly clear with the
precise wording, I will repeat it for you on Item #3. Okay? All I want
is legal language approved by the City Attorney who with their attorney stip-
ulates that they will not use the overall plan approval as a legal base to
imply that they have approval and sue us on that basis. I mean there is no
implied approval of anything, they have no approval and I want them to accept
that.
Mr. Paul: Well Mr. Mayor, there is already problems because Mr. Grassie is
now characterizing it but there are no substantial changes when we know for
a fact by their admission that they have changed the setback on the office
building, they have changed the design and configuration and placement.
Mayor Ferre: Mr. Paul, if that is the case then the thrust
Mr. Paul: I know, but if you leave it with the administration you will have
the same problem we've always had. Mr. Grassie is now saying that there are
no substantial changes and it's to be confirmed.
Mayor Ferre: Mr. Grassie, if the tower has been moved in
is anything, if the setback has been changed, if anything
considered a substantial change and before this goes into
iance extension, it must be brought before the public and
review and approval.
Mr. Grassie: Mr. Mayor, what constitutes a substantial change is not what
Mr. Paul's opinion on that is but rather what the practice of the City has
been for the last 30 or 40 years and that practice has consistently been
interpreted for the City Commission by the Planning Director and by the
Director of the Building and Zoning Department. And they would do for this
project as they have done for the.last 20 years.
Mayor Ferre: I do not accept that. Let me, this is too important a project
to leave things that way. Any change in the setback, any change in the
height of the tower, any change in the configuration of the buildings, any
change that is in any way of substance like the four things that I have just
mentioned must come back to the City Commission for approval for this var-
iance extension to go into effect.
any way, if there
like that, that is
effect, this yak
-
the Commission for
Mr.Nestor:. There have been no changes and I am prepared immediately -to
bring those plans before you.
Mayor Ferre: Fine, then there is no problem And I belive you and I think
Dan Paul is wrong and I think that obviously you're not going to stand before
us and say that there have been no changes if there have been because that
would be the dumbest thing in the world that you could do. So I believe that.
Mr.Nestor• Will there be any opportunity for me to bring them back to you
before the 15th? That's
Mayor Ferre: You don't have any problems if there are no changes.
Mr. tlestor :
Mayor. Ferre:
question.
The following resolution was introduced by Mayor Ferre, who moved.
its adoption:
I don't.
Then is there any further discussion, Mr. Chairman? I call the
RESOLUTION NO. 79-848A
A RESOLUTION CONDITIONALLY GRANTING A ONE YEAR EXTENSION,
COMMENCING NOVEMBER 21, 1979, OF THE CONDITIONAL,USE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2(8)(a)
TO PERMIT A PARKING STRUCTURE ON ALL OF TRACT "D"; DUPONT
PLAZA (50-11), BEING CORNER OF BISCAYNE BOULEVARD AND
CHOPIN PLAZA; AS PER PLAN OF FILE; ZONED C-3 (CENTRAL
COPM'iERCIAL); GRANTED BY ZONING BOARD RESOLUTION NO. ZB117-79.
(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
'60 t,r.t, 3 1979
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote -
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
AYES:
NOES: None.
The following resolution was introduced by Mayor Ferre, who moved
its adoption:
RESOLUTION NO. 79-848B
A RESOLUTION CONDITIONALLY GRANTING A ONE YEAR EXTENSION,
COMMENCING NOVEMBER 21, 1979, OF THE VARIANCE AS LISTED
IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 6(1) TO PERMIT
DEVELOPMENT ON ALL OF TRACT "D", DUPONT PLAZA (50-11)
BEING CORNER OF BISCAYNE BOULEVARD ON CHOPIN PLAZA; AS
PER PLAN ON FILE; WITH A PROPOSED 460' HIGH (300' ALLOWED)
HOTEL STRUCTURE AND A 530' HIGH (300' ALLOWED) OFFICE
STRUCTURE; ZONED C-3 (CENTRAL COMMERCIAL); GRANTED BY
ZONING BOARD RESOLUTION N0. ZB 118-79.
(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-
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
AYES:
NOES: None.
37. AUTHORIZE EXECUTION OF AGMT. WITH. DADE COUNTY PROVIDING FOR EX-
CHANGE OF VARIED INTERESTS INCLUDING FEE SIMPLE TITLE TO CER-
TAIN PROPERTIES OWNED BY EACH OF THE GOVERNMENTAL UNITS, etc.
Mayor Ferre: Take up item 15. Mr. Lunnetta. Is there anybody representing
the County Commission in here?
Mr. Lacasa: Mr. Mayor, we heard the presentation made by Mr. Lunnetta the
other day, we know what this question is about. I understand that the County
Manager, Stierheim, has contacted us, the Commission, and has expressed....
Mayor Ferre: Did he call you?
Mr. Grassier Yes.
Mr. Lacasa: ...and he recommended...
Mayor Ferre: Did he call you J.L.? Don't smile, just say yes or no, did
you got a phone call from Steve Clark?
Mr. Lacasa: ....and he recommended that he also recomended things related to
paragraph No. 9, so therefore I move that this be approved.
Mr. Plummer: But Mr. Lacasa, may I ask you, please, that if what you are
passing is that which is in front...
!61
DEC 51919
Mayor Ferre:
o,'no nO, no,
Mr. Plummer: What are you passing? That's what I'm asking.
Mayor Ferre: The same agreement that the County Commission voted upon, that's
what he's moved. Let's get this clear. This morning the Manager submitted
to the Commission the exact duplicate copy of what Metropolitan Dade County
Commission passed yesterday and we are voting on the motion, as I understand
it, from Lacasa, which was that we vote on that. Is that correct?
Mr. Lacasa: That's' correct.
Mayor Ferre: Do you second? (Commissioner Gibson seconds) Further discussion.
Mr. Plummer: Under discussion. Mr.Stierheim called me,I was 'honored, my
own City Manager does not always do that. He stated his definition of the
word "reasonable", which coincides with my own definition. I feel comfortable
with it.
(UNINTELLIGIBLE STATEMENT IN BACKGROUND, OFF THE PUBLIC RECORD)
Mayor Ferre: The point of it all is that as I understand it most of you,
that you are satisfied that the County Commission is going to really try its
best to live up to the intention of the turning over of that property to the
City of Miami for the purposes of building a public facility there for public
use. Okay, further discussion, call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-849
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY, FLORIDA,
PROVIDING FOR THE EXCHANGE OF VARIED INTERESTS INCLUDING FEE
SIMPLE TITLE TO CERTAIN PROPERTIES, OWNED BY EACH OF THE GOVERNMENTAL
UNITS, PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN SAID AGREE-
MENT, WITH THE CITY'S OBLIGATIONS UNDER SAID ATTACHED AGREEMENT
BEING SUBJECT TO THE CONTINGENCY THAT THE COUNTY COMMISSION AGREE
THAT UPON THE FAILURE OF THE CITY TO OBTAIN COUNTY APPROVAL WITHIN
6 MONTHS FOLLOWING SUBMISSION OF THE CITY'S PLAN FOR DEVELOPMENT
OF LAND ON VIRGINIA KEY, TITLE TO WHICH HAS BEEN GIVEN BY THE COUNTY
UNDER PARAGRAPH 9 OF SAID AGREEMENT, THE COUNTY WILL GIVE THE CITY
OTHER LAND COMPARABLE IN DOLLAR VALUE TO SAID VIRGINIA KEY LAND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
None.
38 AUTHORIZE ISSUANCE OF DEVELOPMENTAL ORDER, APPROVE. (AS MODIFIED)
EXPANSION OF PORT OF MIAMI, DEVELOPMENT OF REGIONAL IMPACT FOR
LUMMUS, SAM'S ISLANDS AND BAY BOTTOM LOCATED ON BISCAYNE BAY
JUST SOUTH OF WATSON ISLAND, etc., subject to conditions.
Mayor Ferre: Authorize issuance of developmental order, etc. There is a
motion, second by Gibson, under discussion.
1979
NOTE: CHANNEL #3, AT THIS POINT, BECAME COMPLETELY INOPERATIVE IN TEEPUBLIC ADDRESS
SYSTEM, SO STATEMENT MADE BY MR, PLUMMER WAS NOT KEI UKDb ),; AT ThE TL►ii :w WAS
ADDRESSING MR. LUNNETTA, Or i'IET OFOLITAii DA^C CC'^'TY.`
Mr. Lunnetta: Commissioner Plummer, let me address you in two points. I
did meet with Mr. Ned Rattner after the last Commission Meeting and I think
resolved a lot of out differences and problems that came up during the Com-
mission. secondly, contingent upon our permit, we must conduct an air quality
test and we have in fact chosen the property not too far from where Mr. Rattner
resides to be able to conduct this test, a 30-day test, so I think that shows
the good faith in our part that we...
Mr. Plummer: Say no more, fine.
Mr. Lunnetta: Very good, exactly.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. '79-850
A RESOLUTION OF'THE <CITY OF MIAMI COMMISSION AUTHORIZING ISSUANCE
OF A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIONS, THE EXPAN-
SION OF THE PORT OF MIAMI, A DEVELOPMENT OF REGIONAL' IMPACT, PRO-
POSED BY DADE COUNTY SEAPORT DEPARTMENT FOR LUMMUS AND SAM'S ISLANDS
AND BAY BOTTOM LOCATED ON BISCAYNE BAY JUST SOUTH OF WATSON ISLAND,
AFTER CONDUCTING A PUBLIC HEARING AS REQUIRED. BY CHAPTER 380.06,
FLORIDA STATUTES, AND CONSIDERING THE REPORT AND CONSIDERATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE PLANNING AD-
VISORY BOARD OF THE CITY OF MIAMI, SUBJECT TO THE CONDITIONS OF THE
DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A"; THE RECOMMENDATIONS
OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ATTACHED HERETO AS
EXHIBIT "B AND THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORA-
TED BY REFERENCE; FURTHER DIRECTING THE CITY CLERK TO SEND THE RE-
SOLUTION TO AFFECTED AGENCIES AND THE SEAPORT DEPARTMENT.
(Here follows body of resolution, omitted here, and on file
in the Office of the City Clerk).
Upon ,being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.`
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
39 AUTHORIZE CITY MANAGER TO PAY THE FIRM OF "NEW YORKERS
ANONYMOUS" SUM OF $42,415.75 FOR CREATIVE AND PRODUCTION COSTS
IN DEVELOPMENT OF VARIOUS ADVERTISEMENTS FOR OFFICE OF TRADE
AND COMMERCE.
Mayor Ferre: All right, Mr. Manager.
Mr. Grassie: Mr. Castano is here Mrs. Mayor, you asked that he be present
for the discussion of this item.
Mr. Julio Castano: Mr. Mayor, Commissioners. Well, basically. -this is a very
simple matter. These $42,000 are broken down into the following categories:
!63'
nFr 51979
$34,855 go for approximately 16 ads for our winter Trade and Commerce campaign,
and the go to Business Week, U.S. News and World Report, Dunn's Review, Nation's
Business, Journal of Commerce and the Financial Times of London. The creative
production that really goes as a fee to the New Yorker Anonymous firm is about.
$3,700.
Mr. Plummer: Where are they located?
Mr. Castano: They are located in Dade County.
Mr. Plummer: They are in Dade?
Mr. Castano: Oh, yes, sir, they selected that name because they felt that
they...
Mr. Plummer: Was this under competitive bidding?
Mr. Castano: Yes, sir. Ten firms were interviewed and made presentations
and they were selected temporarily until we made an agency of record. Now,
we've gone through the process again and we've selected another firm which
will come to you in January to recommend to you, to make them, the agency of
record. New Yorkers Anonymous was selected through a bidding process tempo-
rarily until the 1st of January.
Mr. Plummer: Was the public and the Department involved?
Mr. Castano: Yes, sir One of the members of the Publicity Department was
a member in the selection committee. Joan Lane.
Mr. Plummer: Joan Lane.
She was assigned by Lew Price who was the Director of the
We asked Lew to be the member but he delegated.
This comes with Lew Price's recommendation.
Mr. Castano:
Department.
Mr. Plummer:
Mr. Castano: Oh, yes, sir.
Mr. Plummer: I have no further questions. I move it.
Mayor Ferre: All right, there is a motion by Plummer, second by Lacasa,
further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-851
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE ADVERTISING
FIRM OF NEW YORKERS ANONYMOUS THE SUM OF $42,415.75 FOR CREATIVE
AND PRODUCTION COSTS IN THE DEVELOPMENT OF ADVERTISEMENTS AND FOR
THE COSTS OF AD PLACEMENTS IN MULTIPLE PUBLICATIONS, WITH FUNDS
ALLOCATED THEREFOR FROM THE OFFICE OF TRADE & COMMERCE DEVELOPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the
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.
resolution was passed and.
;64
,c:C 51979
40 CONTINUED DISCUSSION OF ONE-YEAR EXTENSION OF VARIANCE AND
CONDITIONAL USE REQUESTED BY DEVELOPER OF MIAMI CENTER
(Ball Point). (Please see related Label No. 36, above)
Mayor Ferre: Now, Mr. Nestor, I understand now that you, in thinking this
thing over, there are changes in the office tower garage and hotel with
regards to setback height, building placement and bulk and you want to tell
the Commission about it. (INAUDIBLE COMMENT) He want back and looked at
the plans.
Mr. Nestor: Well, I said there had been no changes from the plans on file.
Okay. For example, at one time the corner of the office building had the
edge of it was cut off. At one time the corner of the office building was
at an angle. Our structural engineers advised us that that corner should be
square, it's an architectural detail, an aesthetic consideration, and a
structural consideration. It did not change the plans, in my understanding,
of the plans on file. And, Mr. Paul said, it you change the glass in the
building from bronze tinted to silver tinted you've changed the plans on file.
Okay? Those kinds of changed I did not think you were concerned about. If
you are concerned about the thing that we asked...for variations from your
code about, but there have been no changes in those things; but as the ar-
chitectural details and entrances are concerned, and entrances and exits and
elevation of ramps within the structure there have been changes as those plans
have been studied over the last months. And those are the sort of changes
that that always take place during the development process. If Mr. Paul was
referring to the setbacks, well, he says on the basis of Roy Kenzie having
told him, that the building was set back further from the street than under
the original program. Well, I'm not aware of the fact that it has been set
back although it very well could have been set back further, in all cases
we have operated within the bounds of the plans that we filed with the City
because we knew that when it came time to taking out our building permitthen
the Building Department would make'a determination of whether the plans
sstthat
at al
accompanied our request for the building permit were in keeping,
in compliance with plans on file. So, it is in that respect that I think that
there have been no<changes. I'm not saying that every minute detail was the
same as it was when we filed for the conditional use permits.It never is, it cannot
be. And what we are here for is a clarification of the second condition. You
know, I°can satisfy, I` think anyone, very quickly, that there hasn't been
any substantial deviation from the plans on file in terms of the office build-
ing and the hotel, and I welcome the opportunity to do so. If that will
satisfy the man in charge of building and zoning, or planning or the City
Manager, then I can do that very quickly. If it requires coming: back to you
to examine those things to determine substantial change, then I have to know.
when I` can come back and show you those others.
Mayor Ferre: The 27th of December is our next Commission Meeting.
Mr. Grassier He is going away Mr. Mayor, with the impression that he has to
come back on the 27th before he can close. That's the impression that he is
going away with.
Mayor Ferre: Well, he may be able to close, on the 15th, that's between he
and his lender. I have no problems with that. The fact is, Mr. Grassie, that
there were three simple conditions, one that they buy the property byFebruary
lst, 2) that they not have any substantial changes and, substantial changes,
are specifically stated as setbacks, height, building placement or bulk. Now,
1C lherc have been any changes in the bulk of the project, the building place-
ments, the height; of the project or the setback, those are substantial changes
and they are going to have to come back in front, of the City Commission.
Mr. Nestor: Could it be possible, using that criteria, to present my plans
to the City Manager and have him give me a letter that says in those four
critical areas that you are concerned about that „I have not deviated substantial-
ly from the plans on file. That permits me to come back here next week and to
review these things with the City Manager and still be able to close on the 15th.
DEC -51979
Mayor Ferre: What is your advice on that, Mr. Grassie? This is such an
important project.
Mr. Grassie: Well, I appreciate the concern of the City Commission on this
and maybe we can ask one question and if we can get a specific answer from
Mr. Nestor you would be able to tell which way to would want to go. It seems
to me, for example, on the question of the bulk -of building: Now, that is something
which is relativelY clear cut. Can we answer the question as to whether the
bulk of the building has changed.
Mr. Nestor: We certainly can. Our Development Order...
Mayor Ferre: You can or you cannot?
Mr. Nestor: We certainly can answer the question, and the question is -no,
it has not changed. I have rigid criteria in my Development: Order. Of the
805,000 sq.ft. of office space, 654,000 sq.ft. of retail space and 85,000
sq.ft. of retail space. That bulkhead not not changed, those are the bounds
within which the project has been designed and they are set out in my
Development Order which you approved.
Mr. Paul: Mr. Nestor, where the confusion comes from, if I might, he is
thinking that you are referring to changes that require changes outside of
the Development Order or changes that are outside of the variance, and that's
not what you are talking about, I think you asked the questions...the garage
has been split, as I understand, and there is now an arcade through it, the
office building has an additional setback, Mr. Kenzie, outlined those things
before the meeting. The first plan you saw in the garage it went across
the whole length of Biscayne Boulevard. Now, I think where the confusion
comes is Mr. Nestor thinks that he doesn't have to get any approval or sub-
mit them to the public or the Commission unless it requires a variance, or
additional variances, or is outside of his variance, but the way you passed
the Resolution that's not what it says, it says if there is any change in
height, any change in setback, if there is any change in bulk or configura-
tion of the building. And, you know, I'm perfectly content with itthe way
it is but we'll only be in court and you'll never have a closing because the
plans, at least as they have been outlined to me, clearly make changes in all
of those areas. They are not telling you the truth and that wouldn't surprise
me.
Mr. Grassie: Mr. Mayor, can we get the Planning Director to try and define
what constitutes substantial?
Mr. James Reid: We were just having a conversation and to sort this out..
We did approve a Development Order.
Mayor Ferre: Yes, sir.
Mr. Reid: And the Development Order had a development program in it in terms
of condo units, the office units and the hotel. If they wanted to go both
the limits of that development, program would be considered a substantial
change. If they wanted to exceed the FAR that was approved in that develop-
ment program which the overall development was 6.36 I believe, that would be
considered a substantial change. If they wanted to deviate from the parameters
.of the project that we set forth with respect to the River Walk, it would be
deemed a substantial change. I think the problem lies' with the configura-
tion. It may be desirable in terms of the view with South East Bank and other
views to move a building five feet, one way or another and the question is
does the word "configuration" mean that that move has to come back and be de-
cided by the Commission?
Mr. Plummer: No, no. I'll tell you where the deviation comes from, in the
word "desirable" is it desirable? We have seen a history here that
when were desirable to the Planning Department they were not desirable for the
City Commission. That's what we are saying, if we, the Commission, is where
the buck stops and we are going to determine what's desirable.
Mr. Grassie: Could we agree that any change of the building location on the
site of more than 10 feet automatically has to come back to you?
Mayor Ferre: I think that is a reasonable thing.
Mr. Paul: What? That's exactly whatI was afraid was going to happen and
that's why there was so much confusion in this Resolution. This plan has been
:66
substantially redesigned and I don't know .what the reason for hiding it under
the rug is. Let them come down here and file it tomorrow. Your Building De-
partment man doesn't have it, your Planning Department doesn't have it, Mr.
Grassie doesn't have it, and it is not a question of them deciding whether.
there has been any substantial change, because Mr. Reid has already told you
what he considers that to be. Whether there is some upping in density cr
otherwise but as Mr. Plummer says, if the placement of these buildings..
sure they may have the same number of square feet but if they put them ail
flat along Biscayne Boulevard and make a concrete wall like Collins Avenue
it makes an enormous difference to the. City and to this Commission. I newer
have seen an enormous project like done in such a slap dash way and the public
and the City Commission kept so badly advised as to what is going on,i Now,
the office building as originally presented to you was substantially larger
than the one they are now talking about. I don't know what changes in the
configuration of the building that has caused, maybe it's all for the better
but we ought to see it.
Mr. Grassier Mr.Mayor, I wonder if we could offer by tomorrow evening to
file with you a copy of the plans that are on file as of May and a copy of
the files that Mr. Nestor will give me as of tomorrow and....
Mayor Ferre That's acceptable, with the following provision, that if any one
member of this Commission, either Mr. Carollo, or Father Gibson, or Mr. Plummer,
or Mr. Lacasa, or myself, have any objections, that it will have to come back
at the next meeting.
Mr. Grassier We will agree that if any member of the City Commission expresses
to me an objection of any nature with regards to the project, if this is what
the most of you want, that we will simply not proceed...
Mayor Ferrer Before the 15th of December.
Mr. Grassier Until it's in front of you again on the 27th:
Mayor Ferre The 15th of December is Saturday. If you file it in my office
by tomorrow, which is the 6th of December, I have no objections if you give
me say until Thursday the 13th, so as to have an extra day there. We will
have one full week to review it and if atthe end of Thursday, at 5:00 P.M.
on Thursday, you hear no objection from any member of the Commission...when
are you leaving Plummer?
Mr. Plummer: I'm leaving tomorrow night.
Mayor Ferre: When are you going to be back.
Mr.Plummer: Well, I guess that means you are
(INAUDIBLE STATEMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Very good, okay, we'll leave it that way then.
Mr. Grassie: Very good.
Mayor Ferre: Do you need a motion to that effect?
Mr. Grassier No, if that's the consensus of the Commission that's fine.
Mayor Ferre: Does anybody object to that?
Mr. Plummer: Since we are getting technical, I think it is only fair that
Mr. Paul should have a say, because he is the most vocal and he has a right
to know, and he should received a set of the plans.
Mayor Ferro: Okay, that's fine, that's proper. Anything else?
Mr. Grassle: We agree that Mr. Paul gets a set but he is not one of the five
votes.
(INAUDIBLE COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD
Mayor Ferre: Is there anything else?
i6
41 DISCUSSION BY COMMISSIONER J. L. PLUMMER, JR. in connection
with payments to the PENSION SYSTEM AND THE PENSION PLAN.
Mr. Plummer: Mr. Mayor, I had asked earlier in the day in reference to
Pension and Mr. Gunderson has indicated that he has the answer to the ques-
tions.
Mayor Ferre: I understand.
Mr. Plummer: The first question is, when is the first payment going to be.
made to the Pension for the Plan and why hasn't it been made on the 1st of
October?
Mr. Gunderson: The monies that are received are tax monies, first tax monies
that we receive are in November because the billing goes out November 1st.
We received on the November 20th and 21st a total of $1,500,000 and on the
29th of November another $1,500,000 total of that percentage•.....that
total taxes- of that $955,000 goes to the System and Plan in aratio of
25% for. the Plan and 75% for the System and that occurs onthe first week
of each month following the collection of the taxes.
Mr. Plummer: Then, does that mean by Friday of this week both
and the Plan will receive their share.
Mr. Gunderson: Yes, sir.
Mr. Grassier That will be the normal schedule, Commissioner.
Mr. Plummer: And the, subsequently thereafter.
Mr. Gunderson: It will be the first week in January, you'll get another
distribution, the first week in. February, etc.
Mr. Plummer: All right, fine.
the System
42 DISCUSSION OF APPROPRIATE RECOGNITION OF THE YEARS OF
SERVICE OF ROSE GORDON IN THE CITY COMMISSION.
Mayor Ferre: Is there anything else?
Mr. Plummer: Mr. Mayor, I have another item which is really not a pocket
item but I would like to see -nothing was done at the last Commission Meet-
ing- I would like to see in some way that appropriate recognition be given
to Mrs. Rose Gordon for her years of dedicated service not only to this
Commission but to the Planning and Zoning Board, and that the appropriate
Resolution be drawn and that she be invited to this Commission so that she
can acknowledge and receive the same. And, Mr. Mayor, tell me is you need
a motion.
Mayor Ferre: I'm sorry J.L., I wasn't listening.
Mr. Plummer: That we recognize Rose Gordon's service throughout the years.
Mayor Ferre: Oh, yes, fine, I accept that.
Mr. Plummer: Do you want a motion?
Mayor Ferre: Yes, please.
DEG j 1919.
Mr. Plummer: All right, I offer it in the form of a motion.
(INAUDIBLE COMMENT)
Mayor Ferre: There is a motion and a second, further discussion, call the
roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 79-852
A MOTION REQUESTING THE PROPER CITY OFFICIALSTO DRAFT AN
APPROPRIATE RESOLUTION RECOGNIZING AND HONORING FORMER COM-
MISSIONER ROSE GORDON FOR HER YEARS OF SERVICE TO THE CITY
OF MIAMI AS A MEMBER OF THE CITY COMMISSION AND PLANNING AND
ZONING BOARDS.
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:
None.
43 RESOLUTION APPOINTING ANJD DESIGNATING MAYOR MAURICE A. FERRE
AS CITY'S REPRESENTATIVE TO SERVE ON THE BOARD OF DIRECTORS
OF THE DADE COUNTY LEAGUE OF CITIES, INC. until June 1980.
(Replacing Commissioner Rose Gordon)
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-853
A RESOLUTION APPOINTING AND DESIGNATING THE CITY'S REPRESENTATIVE
TO SERVE ON THE BOARD OF DIRECTORS OF THE DADE COUNTY LEAGUE OF
CITIES, INC. UNTIL JUNE, 1980, REPLACING THE CITY'S FORMER
REPRESENTATIVE.(MAYOR MAURICE A. FERRE).
(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 Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
DEC 3 1919
�69
44 RESOLUTION URGING THE CUBAN GOVERNMENT TO RELEASE ALL
POLITICAL PRISONERS IN CUBA, WITHOUT EXCEPTION.
Mayor Ferre: I have a pocket resolution. It is a resolution urging the
Government of Cuba to release all political prisoners still a prisoner in
Cuba without exception. I think that should be just a matter of..I move
and Lacasa seconds. Mr. Plummer.
Mr. Plummer: Is there further discussion, call the roll.
The following resolution was introduced by Commissioner (Mayor) Ferre
who moved its adoption:
RESOLUTION NO. 79-854
A RESOLUTION URGING THE GOVERNMENT OF CUBA TO RELEASE ALL
POLITICAL PRISONERS STILL IMPRISONED IN CUBA WITHOUT
EXCEPTION.
(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:
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
45. AUTHORIZE CITY ATTORNEY TO IIIPE LAW FIRM OF PAUL, LANDY, &
BEILEY TO REPRESENT CITY IP1 TRIAL AI'D APPELLATE LEVEL IN ^TIE
GATES CASE, ETC.
Mayor Ferre: We have a Resolution here for Paul, Landy and Beiley to repre-
sent the City. Are you ready to vote on this?
Mr. Knox: Yes, sir.
Mayor Ferre: Have you explained it?
Mr. Knox: Yes, sir.
Mayor Ferre: All right, is there a motion?
Mr. Plummer: What is it?
(MAYOR FERRE PROCEEDS TO READ THE TITLE OF THE RESOLUTION INTO THE RECORD)`
Mr. Plummer: I don't have it.
Mayor Ferre: Did you explain this? I don't remember hearing anything on
it?
Mr. Knox: (INAUDIBLE)
Mayor Ferre: Is that the one where we get caught for thirty million
dollars.
Mr. Knox: Yes, sir.
Mr. Plummer: How much?
Mayor. Ferre: Thirty million dollars. That's what Eddie Gong told me.`
And Dan Paul. Where did Dan Paul go?
Mr. Plummer: Where...let me ask you this question. Is the money coming
out of your budget?
Mr. Knox: The thirty million dollars?
Mr. Plummer: No. (LAUGHTER)
Mr. Knox: It will come out of the self insurance trust fund for cost
of litigation to the City and attorney fees.
Mr. Plummer: Well why wouldn't`it rightfully come out of your budget?
Mr. Knox: (INAUDIBLE)
Mr. Plummer: Yes, we did. This year we did.
Mr. Knox: We budgeted twenty five thousand dollars to be used for all
legal expenses associated with all litigation. What we do
generally (REST OF COMMENT INAUDIBLE)
Mr. Plummer: How much money is in that trust, fund?
Mr. Grassie
of what you
to that, we
to tell you
substantial
Well, we have about four hundred and fifty thousand dollars
would call an operating part of the fund. And in addition
have reserves. And I would have to get a current account
exactly what the reserves are right now but they are
Mr. Plummer: Do you carry an umbrella.
1r. Grassie: We carry an umbrella but it would not cover anything like
this. The umbrella takes over at five million risk.
Mr.'Lacasa: What is the nature of the claim?
Mr. Grassie: The Gates case, Commissioner, involves, to put it in the
briefest terms involves the complaint on the part of some employees
that the City has misused in the past, and I'm talking about fifteen
years ago, monies which were raised through taxes for the purpose
of supporting the pension system, and has used those monies for things
such as, paying social security, paying for legal fees, and this sort
of thing. And the statement is that that is a diversion of funds which
should properly have been put into...
Mr. Lacasa: What is the exposure of the City...
Mr. Grassie: Well, on the first judgment which has been lost at the
beginning...at the first court level, as I understand it, the court
has not established a money judgement yet but the estimation is that
is approximately one point eight million plus interest, so the total
would be just under three million. Something like two point nine
million. Now, in addition to.
Mr. Lacasa: We have already lost that.
Mr. Grassie: At the first court level, yes.
DEG 51979
11
ist
Mayor Ferre: We're going to appeal it and that's what this is all about.
Mr. Grassie: In addition to that, there...those...that's only two counts
as I understand it, out of at least twelve. And assuming that
everything continued to go wrong, the maximum exposure for the City
assuming the maximum amount of interest that could be calculated could
come up to as much as thirty million dollars. If everything went wrong...
Mr. Plummer: Only if.
Mr. Grassie: Only that.
Mr. Plummer: You know, let me tell you Mr. Grassie, and. Mr. Knox both.
You know, I think that what you are doing is really wrong to the Commission.
Let me tell you why. Just conceivably, the lawsuit could be justified.
Mayor Ferre: Could be what?
Mr. Plummer: Justified. Just conceivably.
Mayor Ferre: Oh boy.
Mr. Plummer: All right, I'm sayinc;.
Mayor Ferre: Listen, we have enough guys on the other side that say
that. We don't need you saying that on the record.
Mr. Plummer: I'm not on the other side, I'm going to vote for this.
No, no. What I'm saying is this, Mr. Mayor. It bothers me that members
of this Commission are not even aware of what the lawsuit is but they
are being asked to give sixty thousand dollars to defend it without
even knowing what the lawsuit is. That's wrong. I think that each
member of this Conanission...obviously, this Commission was not even
apprised, George, that we lost at the lower level. Am I right or wrong?
Mr. Knox No, sir. I think that the...
Mr. Plummr: Did you send a memo out on that?
Mr. Knox Yes, sir, we sent a memo and we had a conversation with a
few of the City Commissioners.`
Mr. Plummer: Well, I would sure hope that tomorrow morning that you
would send to any one of these Commissioners...because I'm
versed in the suit. Of course, by virtue of my being on the board.
And that's why it was my recommendation by the way, that each member of
this Commission serve for two years and it be rotated so they would be
better informed. That tomorrow morning you would send each one of
these Commissioners, all the information that you feel that is necessary
that they b e informed. So that you don't have to come up here and
ask a Commissioner ask you, what's this lawsuit all about? I think
they should know when you are asking them to put up money to defend the
lawsuit. I really feel that way.
Mr. Knox: A11 right, you will have it tomorrow.
Mr. Plummer: You know, I can write the memo for you and not be biased
truthfully. I'm not biased with the lawsuit. I have some problems with
I voted that way at the lower level. Remember the reason this is in
the name of Gates and not in the name of this City is that the board
turned it down initially. I think somebody ought to remember that,
Is there a motion on this?
Mayor Ferre: Now wait a moment. On what?
Mr. Plummer: On this...
ist
r"72
51979
Mayor Ferre: I think we...it is absolutely essential that we retain
proper legal counsel .that can take this to the Appelate level. If we
don't, this City of Miami Commission is exposing itself to a major
critical point., I want no part of anything other...now if you don't
want.these lawyers, fine. That's all right with me. But you get.
another lawyer.
Mr. Plummer: You didn't hear what I just said. I happen to agree
with you. My only point of contention is that the members of this
Commission are not totally aware of what the lawsuit is all about.
think they have that right to know..
Mayor Ferree I think we have got to have...we've got to go to appelate
court. It is essential that we move...
Mr. Plummer: I agree. I agree.
Mayor Ferre: on this immediately. If you don't like these lawyers,.
fine. Get another set of lawyers. I'll vote with you. I don't care.
But the point is that we must have top legal counsel to protect the
rights of the City of Miami. Otherwise, we are in a bind. Now.
Know, you tell me if you disagree with that.
Mr. Knox: I agree.
Mayor Ferre: Who made the motion?
Mr. Plummer: That's what I was asking. Was there a motion on the floor?
Mr. Ongie: No one has made the motion.
Mayor Ferre: Is there a.motion on this item?
Father Gibson: I` move.
Mayor Ferre: Gibson moves. Is there a second?
Mr. Plummer: I'll second it.
Mayor Ferre: There is a second. Is there further discussion? Call
the roll.
The following resolution was introduced by Commissioner Gibson
who moved its adoption:
RESOLUTION NO. 79-855
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO HIRE
THE LAW FIRM OF PAUL, LANDY & BEILEY TO REPRESENT
THE CITY IN TRIAL AND APPELLATE LEBEL WORK IN THE
CASE OF LEONARD GATES V. CITY OF MIAMI, AT A FEE
NOT TO EXCEED $60,000, UNLESS FURTHER AUTHORIZED
BY THE CITY COMMISSION, WITH FUNDS THEREFOR ALLOCATED
FROM THE CITY'S SELF INSURANCE FUND
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor J. Li - Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
�w�
46
INSTRUCT CITY MANAGER TO EXPLORE POSSIBILITY OF THE CITY OF
MIAMI OPERATING ITS OI'IN HOUSIt1G URBAN DEVELOPMENT AGENCY
Mayor Ferre: J. L., would you run the meeting? He has a motion.
Mr. Plummer: Mr. Lacasa, you are recognized.
Mr. Lacasa: The City of Miami gave the responsibility for administering
the funds for housing _and redevelopment programs in'Little Havana.
We have a situation such as the City or Hiaiean, the City of Miami Beach,
where they run their own show. 'In the particular case of the City of
Miami...and I understand that this situation also has come to the attention
of other Commissioners here, we have a constituency that continuously.
complains about the situation they are in with little H.U.D.
Several times I have tried to contact. Little HUD and, quite frankly, the
reception... the response that I've been getting is very little. So
what I would like to do is to move that you start exploring the possibilities
of getting back that responsibility so the City of Miami can run this
particular program on its own without having to have the County doing
it for us. So that is..that is....Mr. Mayor?
Mayor Ferre: All right, you want to make this a motion? Right The
thrust of the motion is, you want the Manager to study the possibilities
of the City of Miami going back and having its own housing authority.
Mr. Carollo: Second that motion.
Mayor Ferre: All right, there is a second to that motion. That includes.
the legal ramifications and what have you.
Father Gibson: Mr. Mayor, let me make. this observation. I would have
you understand that Hialeah and Miami Beach, as a consequence, get very
little from Little HUD.
Mayor Ferre: From..from.Big HUD.
Father Gibson: Well, Little HUD...it's called Little HUD.
Mayor Ferre: No, no, I'm saying, they get very little from either
Big HUD or Little HUD. They don't get very much from Washington.
Father Gibson:' Yes. When you say Big HUD, you mean Washington.
Mayor Ferre: Washington.
Father Gibson: When you say Little HUD, I'm talking about Dade County.
I want to tell you you jeopardize your possibilities. I have been
on Little HUD a little while....
Mayor Ferre: Is that a problem for you?
Father Gibson: And I want to tell you this, all of that promotion you
see over on Miami Beach, you know... they created it.
Mayor Ferre: Well, I'm going to vote with the motion. But I'm going to
tell you this because all we are asking is the Manager to investigate,
and their is nothing wrong' with that but...
Father Gibson: I don't mind investigating, I don't want anybody getting
his or her hopes us because, you know, I'm for investigating. I just
want to tell you this. I want to make sure you understand. that it isn't
going to be as easy...so everybody could understand, it isn't going
to be as easy as you think. Okay. Those boys, well, all right. Up.'
a 1979
Mayor Ferre: I think one of the key points is that sixty-five percent,
as I recall the figures of the housing that Metrc,n„litan Dade County.
does is not within the boundaries of the City of Miami. And since
we only represent twenty-three percent of themore total
citizenship in share.
Dade County, I would say that we are gettingthe fairthanpossiour
ities sdoing
But, that doesn't mean that we couldn't study
it on our own anyway. Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Lacasa, who_
moved its adoption:
MOTION NO. 79-856
A MOTION INSTRUCTING THE CITY MANAGER TO EXPLORE THE
POSSIBILITY OF THE CITY OF MIAMI OPERATING ITS OWN
HOUSING URBAN DEVELOPMENT AGENCY WHICH IS CURRENTLY.
THE RESPONSIBILITY OF METROPOLITAN DADE COUNTY
Upon being.seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote
AYES: Commissioner Armando Lacasa
*Vice-Mayor.J: L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice. A. Ferre
NOES: Commissioner (Rev.) Theodore R. Gibson
ABSENT: None
ON THE ROLL CALL:
*Mr. Plummer: To look into the matter, yes.
47 -
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT W1ITH
MR. RICK SISSER AS LEGISLATIVE LIAISON REPRESENTITIVE TO
REPRESENT CITY OF MIAMI IN ALL LEGISLATURE SESSIOMS, ETC.
Mr. Grassie: Mr. Mayor, you have a pocket item...
Mayor Ferre: Rick Sisser. All right, we have it before us.
Mr. Grassie: Do all the City Commissioners have a copy of the proposed
agreement?
Mayor Ferree Yes, I've got one right here This is an agreement
between Rick Sisser and the City. And it is for services for a period
of two years to act as legislative liaison representing, acting in
behalf of the City of Miami, and so on and so forth. Now, this is. not
only before the Florida State Legislature., as I understand it. But
in addition now, is before the Cabinet.' Which you did not have the
cabinet before.
Mr. Grassie: That's correct.
Mayor Ferre: Is there any questions?'
Mr. Carollo: Move it.
Mr. Lacasa: Second.
DEC 1979
Mayor Ferre: All right, its moved,by Carollo second by Lacaaa.
discussion? Ca11 the roll.
The following resolution was introduced by Commissioner Carollo,
.who moved its adoption:
RESOLUTION NO. 79-857
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH MR. RICK SISSER, AS
LEGISLATIVE LIAISON REPRESENTATIVE, TO REPRESENT THE
CITY BEFORE ALL FLORIDA STATE LEGISLATURE SESSIONS
HELD DURING THE TERM OF THE SAID AGREEMENT AND
AUTHORIZING THE PAYMENT OF $24,000 AS A YEARLY FEE
FOR SAID SERVICE; AND FURTHER AUTHORIZING PAYMENT OF
$12,000 TO MR. SISSER TO COVER YEARLY EXPENSES
INCURRED DURING' THE TERM OF THE AGREEMENT
(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
passed and adopted by the following votes
AYES:
NOES: None
ADJOURNMENT
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. ,Gibson
Mayor Maurice A. Ferre
Further
was
There being no further business to come before the City Commission,.
On motion duly made and seconded, the meeting was adjourned at 4:10 P.M.
ATTEST: RALPH G. ONGIE
City. Clerk
MATTY HIRAI
Assistant City Clerk
MAURICE A. FERRE
Mayor
ist
1
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
DESIGNATING EDMOND TAYLOR HENRY, ESQ. AS THE CITY OF
MIAMI'S REPRESENTATIVE ON THE MIAMI DADE ADVISORY
BOARD UNTIL SEPTEMBER 30, 1981
DESIGNATING HELEN MUIR AS THE CITY OF MIAMI'S REPRESEN-
TATIVE ON THE MIAMI DADE LIBRARY ADVISORY BOARD UNTIL
SEPTEMBER 30, 1982.
AMENDING SECTION 39-16.1 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA
AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE LAW FIRM
OF SPARBER, SHEVIN, ROSEN, SHAPO AND HEINBRONNER FOR
LEGAL ANALYSIS IN' THE AREA OF PENSION SYSTEM STRUCTUR-
ING AT AN ESTIMATED MINIMUM FEE OF $7500 AND A MAXIMUM
OF $15,000
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CONTRACT FOR PROFESSINAL CONSULTANT SERVICES WITH DR.
ERNEST R. BARTLEY IN CONNECTION WITH THE REVISION OF
THE CITY'S COMPREHENSIVE ZONING ORDINANCE
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSE
BALSA, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
ON NINETY-FIVE HUNDRED ($9,500.00) DOLLARS, IN FULL
AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY
OF MIAMI
URGING THE FEDERAL GOVERNMENT AND/OR THE STATE OF
FLORIDA TO ACQUIRE PRIVATELY OWNED UPLAND AND SUB-
MERGED LANDS NORTH AND WEST OF THE BISCAYNE NATIONAL
MONUMENT
GRANTING VERTAIN EXTENSIONS IN PERMITTED HOURS OF
SALR FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES
DURING<THE-CHRISTMAS AND NEW YEAR HOLIDAYS
ACKNOWLEDGING THE WAIVER OF NEED RESTRICTS ON LEASING
ALL OR ANY PORTION OF WATSON ISLAND TO ANY PRIVATE
PERSON, FIRM OR CORPORATION FOR ANY PRIVATE PERSON,
OR PURPOSE AS CONTAINED IN THE STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNATAL IMPROVEMENT
TRUST FUND DEED NO. 19447 TO THE CITY OF MIAMI
COMMISSION1 ' RETRIEVAL
_ACTION CODE NO.
R-79-825-A
R-79-825-B
R-79-828`'
R-79-829
R-79-830
R-79-831
R-79-832
R-79-833
0048
79-825-A
79-825-B
0048
79-828
79-829
79-830
79-831
79-832
79-833
cfflVIENT'IN DEX
CONTINUED
TV NO.
DOCUMENT IDENTIFICATION
LOI ■ IIi.5T8A
ACTION
RETRIEVAL
CODE NO.
11 AUTHORIZING THE EXTENSION OF THE DEADLINE
DATE FROM DECEMBER 31, 1979 TO DECEMBER 31,
1980 FOR THE ISSUANCE OF REVENUE BONDS R-79-834 79-834
12 AUTHORIZING THE EXTENSION OF THE TERM UNTIL
DECEMBER 31, 1980, OF THE INVESTMENT BANKING
AGREEMENT BETWEEN THE CITY OFMIAMIAND THE
FIRMS OF PRESCOTT, BALL & TURBEN AND BLYTH
EASTMAN DILLION CO., INCORPORATED. R-79-835 79-835
13 DETERMINING IN NUMERICAL TERNS THE ESTIMATED
COST OF A THEME AND AMUSEMENT PARK ON WATSON
ISLAND AS OF THE 27TH DAY OF APRIL, 1978
THE DATE OF PASSAGE OF CITY OF MIAMI RESOLU-
TION NO. 780302 R-79-837 79-837
14 REVISING AND APPROVING THE RIGHT OF DEVELOP-
MENT TO MIAMI CENTER ASSOCIATES, INC. R-79-838 79-838
15 APPROVING AND AUTHORIZING THE PREPARATION
AND DELIVERY OF AN AGREEMENT BETWEEN THE
CITY AND MIAMI WORLD TRADE CENTER ASSOCIATES R-79-839 79-839
16 ACCEPTING THE BID OF CENTRAL STATIONERS, INC R-79-840 79-840
17 ACCEPTING THE COMPLETED WORK PERFORMED BY
MIRI CONSTRUCTION, INC R-79-841 79-841
18 ACCEPTING THE BID OF FRISA CORPORATION IN
THE PROPOSED AMOUNT OF $726,997.50 R-79-842 79-842
19 ACCEPTING THE BIDS OF BOYNTON PUMP` AND
SUPPLY AT A COST OF.$634.80 R-79-843 79-843
20 ACCEPTING THE BIDS OF MASZK'S WORKSHOP, INC R-79-844 79-844
21 AUTHORIZING THE CITY CLERK TO PUBLISH A
NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO
THE ACCEPTANCE BY THE CITY COMMISSION OF THE
COMPLETED CONSTRUCTION OF SILVER BLUFF
SANITARY SEWER SR-5414-C R-79-845 79-845
22 ACCEPTING THE COMPLETED WORK PERFORMED' BY
T AND N CONSTRUCTION COMPANY, INC
23 CONDITIONALLY GRANTING A ONE YEAR EXTENSION
COMMENCING NOVEMBER 21, 1979, OF THE CON-
DITIONAL USE AS LISTED IN ORDINANCE NO. 6871
ARTICLE XV, SECTION 2(8) (a)
24 CONDITIONALLY GRANTING A ONE YEAR EXTENSION,
COMMENCING NOVEMBER 21, 1979, OF THE VARI-
ANCE AS LISTED IN ORDINANCE NO. 6871, ARTI-
CLE XV, SECTION 6(1)
25 AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT BETWEEN THE CITY OF
MIAMI AND DADE COUNTY.
26 AUTHORIZING ISSUANCE, OF A DVELOPMENT ORDER,
APPROVING WITH MODIFICATIONS, THE EXPANSION
OF THE PORT OF MIAMI, A DEVELOPMENT OF
REGIONAL IMPACT. R-79-850 79-850
R-79-846 79-846
R-79-848A 79-848A
R-79-848B 79-848B
R-79-849 79-849
tOCfflVIENT4N DEX
CONTINUED
:IDI NO.
27
28
28
29
30
DOCUMENT IDENTIFICATION
AUTHORIZING THE CITY MANAGER TO PAY THE
ADVERTISING FIRM OF NEW YORKERS ANONYMOUS THE
SUM OF $42,415.75
APPOINTING AND DESIGNATING THE CITY'S REPRE-
SENTATIVE TO SERVE ON THE BOARD OF DIRECTORS
OF THE DADE COUNTY LEAGUE OF CITIES, INC
URGING THE GOVERNMENT OF CUBA TO RELEASE ALL
POLITICAL PRISONERS STILL IMPRISONED IN CUBA
WITHOUT EXCEPTION
AUTHORIZING THE CITY ATTORNEY TO HIRE THE
LAW FIRM OF PAUL, LANDY & BEILEY TO REPRESENT
THE CITY IN TRIAL AND APPELLATE LEVEL WORK
IN THE CASE OF LEONARD GATES V. CITY OF MIAMI
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MR. RICK SISSER, AS LEGIS-
LATIVE LIAISON REPRESENTATIVE.
LI w. 'IN
ACTION
R-79-851
R-79-853
R-79-854
R-79-855
R-79-857
RETRIEVAL
CODE NO.
79-851
79-853
79-854
79-855
79-857