HomeMy WebLinkAboutCC 1979-02-01 MinutesPREPARED AY TH5 OFFICE OR MATHE CITY CLERK
HALL
SORROW AND GRIEF IN b ATH OF OtOkOt HOLLAND
SORROW AND GRIEF IN DEATH of COSEPH M, KOLISCH
SORROW AND GRIEF IN DEATH OF MAX OROVITZ
COMMISSION'S EXPRESSION OF GREAT LOSS IN DEATH
OF MR. JOSEPH M. KOLISCH
COMMISSION'S EXPRESSION OF CONCERN REGARDING MURDERS
IN CERTAIN SECTIONS OF THE CITY
DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
•.AMENDING CH, 34 SEC+ 34i63 OF CODE. RE-ESTABLISHING
PARKING LOT REVIEW BOARD TO CONSIST OF 7 MEMBERS
RATHER THAN PRESENT 5.
DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
AMENDING SECTION 39-13,1 OF THE CODE - RESTRICTING
REDUCED GREENS FEE RATES DURING PRIME WEEKDAY
HOURS IN WINTER SEASON AT MIAMI GOLF COURSES
FIRST READING ORDINANCE: ESTABLISH PROCEDURE IN
CONTRACTING BY THE CITY FOR CERTAIN PROFESSIONAL
SERVICES, ESTABLISHING COMPETITIVE NEGOTIATIONS
APPOINTING CARLOS ARBOLEYA AS CHAIRPERSON OF: "CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER ADVISORY COMMITTEE."
AUTHORIZE CITY MANAGER ENTER INTO AGREEMENTS WITH
NON-PROFIT SOCIAL SERVICE ORGANIZATIONS FOR
LEASE OF SPACE IN NEW LITTLE HAVANA COMMUNITY
CENTER
AMEND RESOLUTION 78-664 WHICH APPROVED CONTRACT FOR
PROFESSIONAL SERVICES WITH DR. ERNEST R. BARTLEY
in re COMPREHENSIVE ZONING ORDINANCE BY CHANGING.
SOURCE OF FUNDING -FROM, THIRD YEAR TO FOURTH YR.
C.D. BLOCK GRANT FUND
PERSONAL APPEARANCE: VICTOR LOGAN/LARRY PERL -
in connection with the MIAMI SUMMER BOAT SHOW
DISCUSSION
DISCUSSION
1st Reading 4-5
Discussion
1st Reading
R-79-70
6-10
11-14
MINUTES OF SPEC/AL MEEt'1NO OP THE
CITY COMMISSION OF MIAM1, FLOEtbA
* * * *
on the 1st day of Peiruary 1970, the City CbtfithiggiOti of Miami,
Florida tet at its regular toeeting place in the City Hall, MOO Fan
Aterican Drive, Miatti, Florida in `special Sessiotit
The meeting was called to order at 3:20 O+Clock A.M. by Mayor
Maurice A. Terre with the following members of the cOMMission found to
be present;
ALSO PRESENT:
Cbtiinissioner Rose Cordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J.L. Plummer
Mayor Maurice ATerre
Joseph R. Grassie, City Manager
114 L► Posmoen, Assistant City. Manager
George P. Knox, City Attorney.
Matty Hirai,' Assistant City Clerk
An invocation was delivered by Reverend Gibson who
present in a pledge of allegiance to the flag.
A motion to waive the reading of the minutes was introduced and
seconded and was passed unanimously.
SORROW AND GRIEF IN DEATH OF GEORGE HOLLAND
Mayor Ferrer Ladies and -gentle, before you sit down,' we recently saw
in the newspaper, the shocking news of the murder of a fellow Miamian,
George Holland,' who was under the caption in the`moring newspaper, it
said, 'George Holland, do-gooder'. George Holland was ado-gooder and
he was a man who was dedicated to many civic causes. He was the president
of the Optimist Club. He ran;for public office.'Be was ,a civic activist,
and certainly 1 think we'should recognize him in memoriam.:I would like
to ask all of you to have one minute,of silence'in'memory of George Holland.
Mayor Terre; I think we ought to pass a resolution and send it to his
family and. to the Little:River Optimist Club and other organizations
that he was involved in.
Rev. Gibson; I move.
Mrs. Gordon;
Mayor Ferro:
you see that
1 second,
Moved and seconded, All in favor say Aye. Opposed? Would'
that is done?
•..
The following resolution WAN introduced by Ca aiesianer Cibsat who
moved its adoption:
EESOLUTION
NO. /04,
A RESOLUTION ESPRESSINC TEE bEEPEST SOlt1Ot4 ANb CEIEP OP THE
CITY COMMISSION TO THE PAMILY ANb PitIENDS OF f;EORCE HOLLANB
(Here follows body of resolution) omitted here and ort file
in the Office at the City Clerk.)
Upon being seconded by Conissioner Cordon , the resolution was
passed and Adopted by the following vote=
AYES: Commissioner hose. Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L, Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
None
SORROW AND GRIEF IN DEATH OF JOSEPH M. 1OLISCH
Mrs. Gordon:'Mr. Mayor before you conclude that part of your discussion, I would
like to bring notice to the Commission that we losta very good friend, all of
us, a friend of our's,'Mr. Joseph Kolisch, passed about one week ago. I would
like to see us recognize his loss by a resolution to his family and also by a
few moments of slient prayer to his memory.
Mayor Ferre: Mrs. Gordon moves.
Rev. Gibson: Second.
Mayor Ferre: All in favor say Aye. Now we will have a moment of silence for
Mr. Kolisch.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION: NO. 79-68
A RESOLUTION '_EXPRESSING THE DEEPEST SORROW AND GRIEF OF: THE CITY
COMMISSION TO THE FAMILY AND FRIENDS OF JOSEPH:M. KOLISCH
(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 Rose Gordon'
Commissioner Armando Lacasa
Couanissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. P3.ummer, Jr.
Mayor Maurice A.-Ferre e
Mayor Pare: 1 thit1k we should also pans a third resoiutiott fair the
paseitg Max Orovitt
Hey, Gibsont Yee.
Mayor Perret He was certainly a friend of marry of the people here in chit
community.
Rev. Gibsotts I offer it, Mr. Mayor.
Mayor Ferret Theodore Gibson moves, and Mr. Laeasa seconds. Further discussion?
All it favor: say Aye. Opposed?
The following resolution was introduced by Commissioner Gibson who
moved its adoptions
RESOLUTION NO. 79-69
A RESOLUTION EXPRESSING THEDEEPESTSORROW AND GRIEF OF THE
CITY COMMISSION TO THE FAMILY AND FRIENDS OF MAX OROVITZ
(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 followingvoie-
AYESL Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.,,
COMMISSION'S EXPRESSION OF GREAT, LOSS IN
DEATH OF MR. JOSEPHM. KOLISCH:
Mr. Plummer: Just a moment Mr. Mayor, to one of the three individuals, Joseph
Kolisch. Mr. Koslisch in particular served this Commission on just numerous
occasions. His deep involvement with the Marine Association and served any
time when called upon by this Commission to ssst us in any marie rinelyndustTthe
related activities. In particular -I think hasCommission
man of his caliber and stature. He was always very willing to give free of his
time to make it a better community. In particular I will. miss Mr. IColisch.
Mrs. Gordon, Joe Koliach was past preaideat of the Miami Board of Realtors and
a Haan of such stature that all who camein
contact with
thhim,
,lookedut tlso him m man
r
advice, for counsel., for guidance, Re was a
of great wisdom. And everyone that had the pleasure of Palling him a friend, S
am sure is going to feel this loss for A long period of time.
COMMIMORI§ EXPsgIC 1 Of COMM AtCAMANCIAUMAS IN
CDITAIN ggCTibNg Of Tilt CITY
Mayor ferret In relation to the passing of poor Ceorge Tolland, Mr. Mattanger,
at the end of the meeting today when We take up pocket items, I'd like tot
you to put on the agenda there for discussion, --we've had several murders
of prostitutes in that area. We've had tto% Mt. Holland's murder. I thinkwe
have a veryserious problem itt that part of town. I' think the Commission ought
to deliberate a little bit about it before wte break up today.
Mr.Plummer: I at sure Mr. Mayor your office,
eas tell as the rest of the Commission
have received many calls of concern, � � lamvery happy that at the end of today's
agenda we will be discussing it further.
Mayor Ferre: Yeah, okay
Mrs. Gordon: At the end of the
Mayor Ferre:,Yeah.
DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
AMENDING CH. 34 SEC. 34-63 OF CODE: RE-ESTABLISHING
PARKING LOT REVIEW BOARD TO CONSIST OF 7 MEMBERS RATHER
THAN PRESENT 5.
Mayor Ferre: Now, let's take up the regular agenda which is item 'ill, which is
a first reading amending the City of Miami's Code, chapter 34, so. on,reestablishing
a Board to consist of 7 members,replacing the present 5-member Board.
Mr. Plummer: Mr. Mayor, unfortunately my back-up material states, "the accompanying
memorandum submitted November 30 indiates the individuals nominated ",--I do not •
have a copy. I am hoping that was by accident. Do you have a copy Mr. Manager,
of the nominated' people?'I do not.
Mr. Grassier I did in my original material, Commissioner.'I don't have it right in
front of me.
Mayor Ferrer Would somebody explain to me why Herbert Lee. Simons recommended to
go'up from 5 to 7? What's the difference whether there's 5 members or 7 members?.
Mr. Plummer; The back-up material, so that they can have more staff in -put
base, .
Mr. Grassier I think the recommendation came from the staff rather than Mr. Simon,
Mr, Mayor. What we were trying to do was to put more citizens -members on than we
have staff.
Mayor Ferre: Yes, I see. Four from the private sector, and 3 from the various
departments of the City. So, -I get it, Okay.
Mrs. Gordon: The only problem that I have with this is the selections, by the
Manager, of the appointees that are not from staff, I feel that the Commission
should be able to collect the additional people who have a public interest
In serving on this P.oard, and I'm sure we would select individuals and possibly
we could even select alternates to go along with those individuals in case they
do have an absence.
Mayor Ferre; As a matter of face I think we maybe get this on as a policy
matter, beeause it seers to be recurring and, Joe please don't misunderstand, I.
am not in any way trying to cast any reflections PR either you or anybody in the
administration, but I think the appointment of any bodies that deal with public
tatters should he at the Commission level, always, unless there's a real good
reason not to .do it that way. We are the elected officials, and I know some
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ute
e.
people. say that that is wrohg
that go vithgive ut tit�la�►dtthatg`happeitsrtoh
ately, democracy has all kinds
be otte of them. tut this is the elected body, and i think that polity matters
that are delegated, we are trot abdicating our positioh,...we are delegating Art
advisory posture and l thick it ought to fit in with the elected officials. go
guess that Mrs Gordon iying, =knee, .. •
Mrs. Gordon: Yes, sir.
Mayor Verret ...why don't you move it with that ehatige, that it be COMMiadion
appointment.
Mrs. Gordon: Yes, t' ll ttiove it that the appointments be tacit by the CoWthiission
Rev. Gibson: I second it.
Mr. Plummer: Then what you ate saying is, that those hates which are proffered
are not necessarily the resolution. I'm voting on the resolution.
Mayor Ferrer Well, obviously.
Mrs. Gordon: Yes, the resolution.
Mayor Ferret The Commission is going to appoint the four, then obviously the
names proffered may or may not be acceptable to the Commission. All right? Further
discussion?
Mr. Grassier Under discussion. Mr. Mayor,we certainly agree that the City Commission
should any citizen members that serve on this body. Under the present structure
there are 3 staff persons, who have been appointed in the past. If you wish to
continue to have staff persons, I presume that the Manager would appoint those.
Mayor Ferre: Well, that's your decision. Mr. Manager, the staff members who work
for you, the administration, who you put on is your decision, and who the public
members are, is our decision. That's all there is,..
Mr. Grassier We agree with that.
Inaudible.
Mayor Ferre: Okay. It's a resolution, as it is except
Manager appointing, the Commission appoints.
Mrs. Gordon: Certainly. That's right.
Mayor Ferre: Moved by Mrs. Gordon. Seconded by Gibson. Further discussion.
Mr. Knox: Mr. Mayor, in light of what you just said, it would be necessary
to rewrite the ordinance,
Rev. Gibson: All right, just rewrite and bring it back.
Mayor Ferre: Rewrite it and we will bring it up later on.
(PASSED ON FIRST READING ON THE PLANNING 6 ZONING PORTION OF TODAY'S MEETING)
that instead of the
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PSS RATRS Ut?RING PR/ME
AT MiAtit COLP COMM
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R1 iAY 'CURS TN WINTER MOON
Mayor Perret We are now on item 2, City Code, proposed for restricting reduced
green fees during prune weekend hours from 8 to 11, during the Minter season,
Mr, Plutrl►ert Mt. Mayor I move that that be deferred. I originally brought this
tip and asked Mr. Howard to Work on it. I find that there is some confusion
among other members of the retired employees and as such I will ask that this
be deferred to the meeting of the 22nd.
Mayor Ferret All right, Anybody have any objections to Item
Gibson seconds for deferral of ordinance, Item #2 until the
A motion to defer the tatter to. the Meeting of February
and adopted by a unanimous vote of the Commission.
#12? Plummer moves
22nd► Call the roll,
22, 1919 was passed
FIRST READING ORDINANCE: ESTABLISH PROCEDURE IN CONTRACTING
BY THE CITY FOR CERTAIN PROFESSIONAL SERVICES, ESTABLISHING
COMPETITIVE NEGOTIATIONS
Mayor Ferre: We are now on Item 4i3, on first reading, establishing procedures
in contracting for certain professional servies by the City. Mr. Manager?
Mr.. Fawley Oh, there you are. I' want to make sure you hadn't left.
Mr. Grassier This ordinance Mr. Mayor has been drafted to conform as closely
as we can with provisions of State law. It reflects as I understand it, the
process that we have followed in the past. The City Attorney at your request,
has given you a memorandum interpreting -law in which he outlines the two
alternatives that are available to the City Commission in this process.,One
is the alternative which is now included in the'ordinance which provides for a
staff review of all of the applicants for professional service to the City and
then a ranking of those applicants in preferred order for submissionto the
City Commission. That process does not provide for. the selection from among the
top three. If the City Commission wishes:to adopt a process which provides for
City Commssion selection,:then I believe the City`Attorney's opinion will indicate'
to you that the'City Commission would have to sit as the body' tointerview'and,do
all of the necessarypreparatory work, so that you'could be in a position to make
that selection with information.
Rev. Gibson Mr, Mayor I have been opposed to this procedure consistently:
and'I at not changing now. I hope the Minutes will reflect what'I am saying
'12roper1y . I believe that it is possible for.a Citizens' Committee, or any other
Committee to screen out and say , to us 'thesequalified: people' And then,
C.�-are
I don't plan to be a rubber stamp. That's wh I am the Commission. Now, if I
read the City Attorney proper3.y,-rand if I am not right, tell me Mr. Attorney,--
I can let you go through the process. You give me the names of 3 firms and I.
disqualify every one of them, then start doing it myself and then take the same'.
three firms and'I could rate them myself, Isn't that right?
Mr, RQt Yes, sirs,::
Rev. Gibsonl]f I do not what?
Mr, Knox: If ypu do not agree with the rank order that is submitted to you, then you
sitting as a committee using the scone criteria, may rank all of them,
Rev. dibsont All right, l just watt to stake sure that tit not tRel ded beesutt
t raised thie point before and 1 don't pin ,to up off its beesuse then i -ust
sit:uup here as a,puppet, and Iltn trot: going to do thet, tit too old for that,
and I think 1st too intelligent also:
Mr r Bluer: Mr. Mayor let the add a totAtieht. Mr, pewley did speak to te prior
to this meting. 1 was goittg to vote against this iesue only► beeeuse,attd i expressed
to him, Chet ttopody had taken the tithe to tone and sit with me, either froht staff
or from Mr. Pawleys or his organitatioti, or those who ate in favor, to explain
that this thing hopes'to aceocnpiish,=,is a far-reaohing reading kind of ttateriai.
I have been given assurances by the City Attorney that that this is the first
reading. The seeond reading will be at a subsequent date and I invited sotDeone
to come and sit with me between now and the net tneeting. What l et really saying
is, I'm going to,vote for it`today, Father, but I reserve' my right to change t,y
vote if I disagree at the second reading. I guess I will always remember as long
as I sit on this Cotnmission,1ather, when this Conunission chose two representatives,
=I think those and I sat on it if I ani not mistaken, -to go through money tanagers
for pension funds. Father, we in some four days, or within a week's time,: had to
sit through 54 hours of listening, andthis is what we could be faced with each
and' every. time. My only problem with architectural is very simple. We have see
here recent where the staff has narrowed it down to:three, and cut out some before
we had'a chance to feel that yes or no that these are the ones we wanted cut out,
And I don't like that. I think that is wrong. I think this Commission should not
only have the staff recommendation of three to five firms, but should have the
availability of all of the firm who wanted to submit their names-. So these are
just some of my thoughts on the matter. I intend to vote for it today, with the
full understanding that somebody will come to me before the next vote and sit
down and explain it to me and then I will opt, to take my independent vote at that
time. But.I will vote for it today.
Mayor Ferre: Mr. Fawley, I would imagine you may want to address the Commission
on this. And by the way, Charles, on the record I want to commend you for your
patience. I think you've been here on this thing at least three or four times.
Now one day I saw you sit here for 5;or 6 hours waiting to be heard, and you
came back again and again. So I know you are doing this, --you are the outgoing:
president of the South Florida Chapter of the A.I.A. and I congratulate you for.
your fine service to the architectural conmtunity and for your patience on this
matter.
Mrs. Gordon: Where's the motion?
Rev. Gibson: The other one. Turn it on.
Mayor Ferre: It is not working. You've got to turn it on.
Rev. Gibson: Turn it on.
Mr. Charles Fawley: I'm not so sure_I remember what this is all about. My name
is Charles Fawley, I am an architect. I am the out -going president. I am the
chairman of this Selection Committee. Since I am no longer the president, they
decided I should be the chairman just so I had some authority to speak on the
subject, There are a couple of things that I want to make sure that, --and. I'm
pretty sure that the Commission does understand it, but this business of the
hours that you are talking about spending, and Rev. Gibson.I think this is the
important thing as far as you're, --I don't think you are giving up any one of
your rights as far as making a final decision, What we are trying to do in a
sense is, do two things, One, streamline it,and two, take away a possible in
equity. And the streamlining we are talking about, there are many projects that
come along to the Commission over a number of years, in which the Commission,
though interested, would like to have that preliminary screening done for them,
Now let's assume that you are doing the City hall, of the City of Miami, You
are going to be interested from the very beginning and all the way through who
is going to be doing that. In that Case you have the option of going through
the total screening process and then ranking theta in any order you want, and
doing anything you want with that, So' the idea' here is that there are a number
of projects that come ups All of them, you are nc't that interested in, It allows
your people to work for you, do that job for you and you still have an option to
look at that and if you do not like that decision, you can still say, l don't like
that, let's do it again, So I think this only helps you do your job, And it helps,
l think, save the taxpayers money,
Mayor Perm t think what Father Cibaan was saying, Charles, and i think Maybe
We ought to have a little diseutoiott about this, is that it is all tight for you,
that !Beans the watld,= ataff, the architect!;, the review of the Committees and
all that, to torah out and asy, all right, the are the people that are really
the mast capable, but rhea, me you've dote that, the elected officials should
have the right to aeieet If it is group of three or five, of whatever the late
provides, and theft out of that group, then the COMISSion selects. Now, what this
thing says as I understand, is that you will do the selecting sad tanking and
theta if tie disagree with that, selection, then we can alter it by saying We just
don't go along with that:.
Pawleys It doesn't say that. N
Mayor perre: Tell the what it says.
Mr. pawley :,If you want to alter it, you cans And you have that option. You
are the Commission, but you can't at a meeting say, --it talks about 2 steps
of selection process. That might be five or' ten, -.-that might be fifty, hours
that you are talking about. Now, you as a Commission under the State law cannot
'take those fifty hours, and say at a Commission Meeting, I don't like the ranking
of the three that that fifty hours has produced, and we want to put them in a
different ranking. You can say I don't like it, and then go back and start:over
and do that fifty hours, again, and put it in your own ranking. But you can't just
arbitrarily say I don't like your ranking, I don't care about the fifty hours,
and we are going to change it, because we are the Commission. So, I think it should 00
be understood that there is a problem of coming in to a meeting and saying, I don't
like it and,I want to change,it at this meeting. What the law is saying is that
you should, to be qualified to making that decision, you should go through the
process like those Committees have gone through the process,,and you have that
option.
Rev. Gibson: Sir, what I am trying to indicate to you is I'm a consistent guy.
Itry to be. I have no problem with trusting the citizen's judgment.You are the
professional.' I am delighted that you as a professional would say to me, these
three companies are:qualified. I'll buy that After that I don't -want you around,
because you get to be human just like I, and I'm giving over my humanity to you to
make the same error that I would make. I don't want that. That's what'I'm saying.
And if I have to.disqualify the three, in the order in which you give them, Theodore
Gibson as long as I am sitting up here, L'm going to disqualify them and then I will
take the same three, go through the walking process you are talking', about,, and make
my decision. I'want to respect your judgment, because you give me professional advice..
But I'll be doggone if I am going to let you, give the professional advice then you
choose the members. You have friends just like `I have friends: What's to stop you
from being human? You follow me? So, that's where we`differ. You know, I've been
around a little while.
Mr. Pawley:_Maybe I didn't make that clear. You do have that option, still.
You always, --as a:matter of fact, in what I have read here that has COmeJrom`
your City Mananger you have even more options than I thought that the StateHl
allowed, They've give a lot of,options, of doing -it -yourself, forming:a committee,
or forming anew committee. The only area that I think that I maybe misconstrued
what you said was that it can't be done by taking the hours that went before it,
and doing it in a single process.
Rev, Gibson: No, sir.
Mr, Pawle.y; You have to go back and do that selection process yourself. You have.
that option always,
Rev, Gibson;. Let me make sure and I'm going to hush, I want to respect your pro-
fessional judgment, If you don't think company A, B and C, either or the three,
could do the job. I want you to tell me that, That's why I want you., Now, after.
ypu tell me that these three companies are capable, then I want you to get out of
the way, It is just that simple, and let me do ray do, That's why I am the elected
official, Otherwise, you then substitute yourself for me:
Mr, Fawley; Well, when you say 'you', I think,,,,
Rev, Gibson. I'm taking about the entire Commission,
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Mr, pawit3y: 1 wits talking about individuals, Wan you get a Committee, each
time that you have a building cote before you, that Committee is not the acme
people, That Committee is three or whore profeaaionalt,--1 don't knew about nonce
profeaaiormala , because it didn't say that, but the people who were involved in
that §election ptoceta,and they tight be different every tithes So ho NE it
supplanting, t4ould be supplanting the Commission it their choice. And the Cone=
tiIsa{on not liking the choice, hat the option of saying, we don't like the choice,
We are going to throw it out and we'll go back.
Mrs. Gordon: Charles, I think that would be extremely difficult for this Comtmission
to,.,.and,►.youknow it would be extremely difficult
Mr. Fawley: Yes, it would be.
Mrs. Gordon: Extremely difficult, because any one of those three that you
submitted to us would outstanding firms for you to have submitted theta.
Fawley: Right.
Mrs. Gordon: And that Father Gibson is saying has merit, tie is saying, if they
rank high enough to be one of three, he feels he should at least have a choice
of the one of the three. Isn't that what you are saying, Father Gibson?
Rev, Gibson That's right. tet me accept any one of the three I wish.
The other you are telling me who the one ought to be.:
Mrs. Gordon: What he is saying is he doens't wantto be spoon-fed. We:don't
either►
Mayor Ferre: That makes a certain amount of sense, because if you feel that
somebody is just not qualified
leave them out.
Rev. Gibson: That's right.
Mayor Ferre: Perhaps you may even come up and you recommend only two
Rev. Gibson: Right.
Mayor Ferre: But the point is that that means then that the Commission would
have the right of final selection.
Rev. Gibson: That's right.
Mayor Ferre I think that is not an unreasonable thing.. Professional input in
this would give you the right to knock out anybody that you think is not
qualified
Rev. Gibson: That's right.
Mr. Knox, Mr.'Mayor, the problem is that the procedure that's been set out, and,
as a matter of fact, the requirement for ranking the most qualified firms in an
order of preference is dictated by the, State statute, so that if you choose
a Selection Committee to screen applicants, then their obligation under the
State statute as well as under our ordinance, is to present them to the City
Commission in rank order, and the Attorney General` specifically corresponded
with the City of Miami about disturbing that rank order, and specifically in-
structed us that if you are going to change the rank order that's been presented,
then you have to go through the same screening process that the Committee went
through in order to rank them in the first instance.
Rev. Gibson: Well, all right, 1 say to the members of the Commission so there
will be no hypocrisy on gay part, I'm willing to pass the resolution and I'tn willing
every time you give me that, if l have to disqualify and reect to your recommendation
to reject it, then go through the fifty-two hours, go through the motion, and then
right myself. M4an,Ilm not about to do what, --listen, you Unow all those boys from
Tallahassee don't pass laws always that are equitable for ne, You know what 1 mean?
They don't have all the saanse now, Let's get that straight, They don't have ell the
sense, 1 have Bowe too. And they have human frailties That's why a lot of them
get in trouble up there fast like some of ua down here, okay?
, you've got the options to
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4
Mayor rate: I think that what we really aught to da I guesa,-=this is on
first reading. We pass it on finest reading;»4Mr, Rnat would you make it a
point to meet with each member of the Commission between now and the second
reading and go over the laws apecifically to add if there are any other
alternativesof the COMthitiBiOhi t think what We ought to really do is,
if we pass it oh first reading,between now and second reading, l at asking
George ttnom to tome and 'Visit each one of us,...
Rev. Gibson: That's_ all right.
Mayor t;erret..to see if there are other alternates that would be acceptable
under the law.
Rev. Gibson: Beautiful.
Mr. t?awley: Mr. Mayor may 1 also;have,...I would like to do that as well because
there are other considerations related to the State and State A.I,A, and, the
State
isookg State
r a wayto establish some reasonable consistency:in inter-
preti
ng g theiaaw, and because there are many communities that take different
interpretations of it. And, SO they are looking for, in a sense a test case for
it and in my Opinion I don't think Miami wants to be that because it only would
hurt everybody, so I think there is a way of avoiding it, and I'd like an oppor-
tunity to talk to everyone too.
Mayor Ferre: Let's do this then. George, would you call Charles, or vice versa,
and perhaps coordinate the meeting with each member of the Commission between
now and the second reading.
Mr. Knox: From the legal point of view, I can't indicate that. Mr. Parker Thompson
has also expressed,
Mayor Ferre: Of course Parker' Thompson is also invited to participate if he wants.
Further discussion? Is there`a tnotion on item #3? Moved by Plummer, seconded
by Gibson. Call the roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING PROCEDURES IN.CONTRACTING FOR
CERTAIN PROFESSIONAL SERVICES BY THE CITY; ESTABLISHING
COMPETITIVE NEGOTIATIONS FOR FIRMS 'OR INDIVIDUALS PROVID-
ING SUCH PROFESSIONAL SERVICES; AND PROVIDING FOR THE IN-
CORPORATION OF SAID PROCEDURES WITHIN.THE CITY CODE OF
THE CITY OF MIAMI, FLORIDA, AS § 16-17 THEREOF; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner.Plummer and seconded by Commissioner
Gibson, and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando:Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mr,Plummer. When will the second meeting be? When will second reading be?
Mayor Ferre; Second hearing? Thirty days, or thereafter.
Mr, Plummer; So it will be in other words, in March, --March SO' 4icay,
10..
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tr
APPOtNT1NC CA1LCt ARbLEYA Ag CRAM -WON opt "CtIY b%
IttAid/UNIVtikgrri CP MIAMI dAMEg 1Ntttil tWtEE
NATIONAL Ct NTtk A VtSCkY COMM/Tttt."
Mayor Pere: All right, we are stow en item #4 which is the appointment of
the chairperson► tow let the at the outset say that I think all dine of the
members that have been appointed are qualified to be a chairperson.The City
of Miatni really, t was some question as<to how the chairperson
should be selected whether the Committee itself should do the selecting.And
it is my opinion that the City Commission, which is the elected body of the
City of Miami, being consistent with what' Father Gibson just said, should
really pretty well decide who the chairperson should be. I don't think we
should delegate that responsibility.
Mrs. Gordon: Mr. Mayor 1 think that when you put the caliber of people that you have
on this Committee and then you begin to select a chairman out of that same
group, I don't think that is proper procedure. I believe that this Committee
should at least be asked whether they want us to pick a chairman for them.
They have to work together and I respectfully ask that this be deferred and
that Committee' be asked if they want to select a chairman from among their
own.
Mayor Ferrer All right. I think that is an appropriate thing for you to request.
Mrs. Gordon: They may not want to but they can be asked.
Mayor Ferrer However, I would like to state my opinion on that, is that they
may not, --and this gets delicate now, but I guess maybe we might have to discuss
it a little bit --I am on the Board of Trustees of the University of Miami, and
I am interested in the University of Miami's welfare and well-being, but my prime
responsibility here is as a member of the Commission of the City of Miami. It seems
to me, and I'm not trying to in any way stress that the tail is going to wag the
dog, --
Rev. Gibson: Go ahead Mr.Mayor.
Mayor Ferre:--but the fact is, that this is a 65 million dollar project for which
the City of Miami is responsible for the vast majority, and that the University of
Miami is contributing 2.5 million dollars. Now, I think we have been extremely gen-
erous to the University of Miami by giving them 4 out of 9 appointments. It seems.
to me that the City Commission which is the elected body and responsible to the
electorate for City assets and what -have -you, should have, some say-so, and I would
really advise that now and in the future, the City Commission should establish who
the chairman is going to be. I might set out as precedent that the Downtown Develop-
ment Authority has that built into its procedures because the Mayor is automatically
the Chairman. Now that way, in another set of assets that the City might have, the
City does not delegate its responsibility. So, whereas it would be very nice to ask
the members that are appointed. It is not a personal matter. I have nothing to do
with the members, its a matter of principle, and I think this Commission can decide
the principle on this occasion. Once that's decided, then it is a matter of our
selecting the chairman.
Mrs, Gordon: Mr, Mayor may I address the point you have brought forth and that
is your chairmanship of the Downtown Development Authority, I don't find that
as a similarity here because we don't have a member serving on this Committee,
and certainly you are not serving on a committee, and this Committee is a citizen's
Committee, qualified I believe to select a chairman from among them, and not one
that we would select and that person then would feel beholding to us to take what-
ever orders they might feel incumbent upon them to take from us, I think if you are
going to let this body operate without any strings attached, then you'd better
let them select a chairman.
Mayer f'erre, All right, We have a difference of opinion, Of course, I'm happy to
hear ` from the rest of this Commission and whatever the will of this Cpmtdssi.Qn is,.
we'll abide by that
Mr, Plummer: Well, let me expreas my opinion Mr, Mayor, I think that this
Comission Lust, if nothing more, appoint a tetporary chairman for the pur-
poses of calling these people together, for the putposea of organiisation and
I think that if we take it known that this chairman of eourae will serve for
bite year, then the Committee trot that point forward can take their OWt appoint-
iente as to who their chairman is, I really have no objection to that. I think
that its going to take an individual who is ih fact, a dynamic individual to
bake a go of this thing, And you know, some of these people are not even knowi
to be, So, you know, I've got a problem there, I have no problem,
Mayor I`erre: Mr, Plummer, let me give you this arguinent.Of it, We are delegating
a responsibility, with its corresponding authority, to a Committee. This is a
eery itiportant move for the City of Miami. We dont have, nor should the Coin.=
mission have control, because if we had absolute control, what do we need an.
authority for, on the other hand, I think we really should, --and I'm not talking
for myself, because I'in not going to be Mayor notwithstanding what some people
think around here, forever, and you are not going to be on this,Coimnission for-
ever, that I think whoever is here on the City of Miami Commission should have
that responsibility as elected officials to decide who is going to give that
particular, important asset of the City, direction. I don't think we should
delegate that.
Mr. Plumper: I have no problems.
Rev. Gibson: Mr. Mayor I'd like to offer a motion that the City Commission.
would appoint the Chairperson of this Committee on this Board.
Mayor Ferre: All right. We have a motion or the floor. There is a second
to the motion. All right,Mrs. Gordon?
Mr. Lacasa: I second the motion.
Mrs. Gordon: On the motion, are we going along with the recommendation that
Mr. Plummer made which was the one-year chairmanship?
Mayor Ferre: I just spoke against it, Rose, and I expressed my opinion, you
know. But I think that future Commissions should not delegate that responsibility.
It's too important for the City Commission to get that far away. It is a City
property and we should select who the Chairman is.
Mrs. Gordon: For what period of time are we selecting a Chairman for?
period?
Mayor Ferrer Charlie?
Unidentified: One year.
y: g There ought to be a rotating
.the Chairman in my�opinion ofeanhauthority like thashould certainly not in be.
in for more than 3 or 4 years.
Mr.Charles Crumpton: The term of each
to the ordinance, is three years, per
Mayor Ferrel That's okay.
Mrs. Gordon: But the initial appointment, if we are going to take that respon-
sibility,.
Pp initial ton;
M, CrumpP . It depends on the appointment. It depends upon whole you
choose,for some are for 1 year, some are for 2 years, and some are for 3 years.
And it depends on whom you choose as to which time -frame they would fall. After
that, then one would choose for a term of 3 years.
Mrs,Gordon;We should not depend upon that as A criterion in my opinion, because
the very fact that they were setwup on staggered term so that eventaal4Y, _you know
it will be a rotating system. But l think that as an initial appointment we should
select for one year, If that person is operating in a way that we are entirely
satisfied with, I am Pure they are going to be reappointed,
Mayor yerre, I've got no problem with that provided that it is a tatter of policy
that this CouPlssion and future Zommisstons will always choose who the Chairperson is,
12
rn
Mr, Plummer; go make it a onei.year term,
Mayor Ferret I don't mind doing it every year, or every two years, or whatever
you want, but it's this COtnissiott's and the future CbMtission's responsibility
to choose the Chairperson.
Mr. Crumpton:Hay I interject this, that the resolution that you passed last.
meeting, Resolution 79-56 which set ttp the Committee, and has in it a paragraph
that says this, and this has already passed by this Commossion at the l$th: "The
City Commission shall select the Chairperson from the appointed members of the
committee".
Mrs Gordon: ;Te don't need this motion that's'on the floor.
. , p 0 already - -
Mr, -Groin ton: You don't need the motion. You have that. You've given
yourself that authority.
Mrs. Gordon:txcept for the period of time. l would then nominate Mr. Carlos
Arboleya to serve as the first Chairman.
Mayor Ferre All right there's a motion by Mrs. Gordon, seconded by Father
Gibson that Carlos Arboleya be nominated as the Chairperson.
Mr. Plummer: Mr. Mayor, Mr. Arboleya is a very dear friend and a very fine
upstanding young man whom I have the. greatest admration and respect for, but
I feel that it is my vote that I must vote for the individual whom:I feel is
best qualified. And there is one name among the 9 who in particular I feel has
more knowledge, and that is Mr. Paul Andrews. As this Commission is aware, Mr.
Andrews was on this Commission as the City Mananger when this thing came from
its inception, and I don't think there's any man that sits here that knows any
more about that Convention Center than Mr. Paul Andrews.
Mayor Ferre: All right, Mr. Plummer nominates Paul W. Andrews.
Mr. Plummer: I nominate him and no detriment to Mr. Arboleya.
Mayor Ferre: I understand. Are there further,....
Mrs. Gordon: What are we looking for in a chairman? In'a chairman, I
believe we are looking for person who know how to conduct a meeting, how
to bring about the best participation among the members,`and to be able to
have continuity from meeting -to -meeting, and I believe any one of the people
that we have appointed could do that..However,,-1 feel that Mr.' Arboleya has
another unique'quality which makes.him stand head and shoulders above any other
nominees, including Mr. Paul Andrews,' who I have a great deal of:respect for.
And I just:list unique experience in the private sector, in the business sector
in the banking business and in the management of human beings, --not that Mr.
Andrews doesn't, but he has the private sector experience behind him, which
I feel would be a tremendous asset to us.
Mr. Plummer. Whoever is Chairman, they both will be serving on the Committee.
Rev. Gibson: Right, and they could exchange knowledge, Mr. Mayor I call for
the vote,
Mayor Perre: All right, We have two candidates. bet me ask one more time. Are
there any other nominees?
Mr, Plummer; Mr. Mayor, let if I may, the motion was made by Rose and seconded
by Father,
Mayor Porm alp, no, We The Chair is going to rule as fo1iows, that as other
selections, as Rose pointed out the other day, you don't need seconds for
m minatipn for appointments of this sort, go we have two candidates, Take a
piee of paper and write down who you want to select and we'll do it that way,
ems, Oordett: YOU .are not ;going to ask for any ether verbal nominees?
Mayor Parra: Yes, i will accept any other
think as a matter of eourtesy we will do
as a working pattern and 1 think we ought
verbal nominees that you want, but i
it this way. Wawa established this
to try to stiek to it.
Mr. Plummer: I would hope this would be less than 31 ballots ► bo you thick
we eat get by with 38 ballots on this one'?
Ms. Hirai: Mr. Mayor, the votes were as follows: for Mt. Arboleya,--Commissionner
Cordon, Father Gibson and Commissioner Laeasa, three vote. Por Mt. Andrews,=4Mr.
Plummer, and Mayor Perre.
Mayor Perre: Mr. Plummer moves that the ballot be unanimous for Mr. Carlos
Arboieya,
Mr. Lacasa: Second.
Mayor Verret Further discussion? Call the roll.
A motion to take the vote unanimous for Mr. Arboleya was passed and
adopted by a unanimous vote of the City Commission.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 19-70
A RESOLUTION APPOINTING THE CHAIRPERSON OF THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY
COMMITTEE
(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 Rose Gordon
Commissioner Armando Lacasa.
Commissioner, (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor. Maurice A. Ferre
Mr. Plummer: Mr. Manager, while the Mayor is tied up momentarily, I have a
little bit of a problem here with the wording,and it would seem like to me,
that this Board as created, is it in fact an Advisory Board or an Authority?
It was my understanding that this Board would serve similar as the Off -Street
Parking Authority. Now there's a big difference between an Authority and Advisory.
Mr. Grassie: That's true Commissioner, there is a big difference and this was
set up in the agreement between the City and the University as an Advisory Board.
It is an Advisory Board,
Mr. Plummer: Then what you are saying is, that this Advisory Board will then
be subject at all timed to Commission approval.
Mr Grassie:Yes, any of their actions would be advisory to the administration
and any administration action would be subject to review and determination by
the City Commission,
Mr, Plummer. 1 have no problem
Mayor Terre. All right, Further discussion on item #4,.
1.4
Ft ►
10 AUTHORI2E CITY MANAGER ENTER INTO AGREEMENTS WITH
NON= EOEIT gOCIAL SERVICE O GANI ATIONg FOR
LEAgE OF APACE IN NEW LITTLE HHAVANA COMMUNITY
CENTER
Mayor Ferret We are now on itet #5 . Mr. Managet.
Mr, Grassie: This itenij Mr. Mayor and members of the City Cot issiod would
authorize us to etter into agreetnents with the agencies which have indicated
an interest in using the Little Havana Community Cetitet, following the
negotiation of leases with each one of them. Mese leases would proVide
for the payment of the cost of space, as you know, and also would provide
for all the general conditions ttnder which the agencies would use the tittle
Havana Community Centel
Mayor Ferre: All right.
Does anybody else want to discuss this? Is there any
discussion on this item?
Mrs. Gordon: Only one question for information, Mr. Bond. Is h
Mr. Grassie: Mr. Bond is in Washington today, Commissioner.
Mrs. Gordon: Okay, I had asked if he could meet with me, and I said yes heocouldd,
would, but I was unfortunately ill last week and couldn't meet same t with hite for the
like would
. to ask you then, if each of these agencies are paying
stage that they occupy.
Mr. Grassie: As soon as they enter into a lease with the City, they would be. They.
are not now, but they would be as soon as they enter into a lease, yes.
Mrs. Gordon: What I'm trying to find out is if there is equity, equal rent
paid by each one, per square foot.
Mr. Grassie: That is our intention. Now keep in mind that
tt elare
l eftalkithengeas boutyut thee
e
new building. In the new building 'it is our intention
same rate.
Mrs. Gordon: Are the rates included in this information?
Mr. Grassie: Yes, they are. The rate is $4.00 per square foot.
Unidentified: Four -fifty.
Mr. Grassie: I'm sorry,'$4.50 per square foot.
Mrs. Gordon: Does this include the maintenance and the utilities and so forth?
Mr. Grassier Yes, that includes the operating cost, including the cleaning of.
the building, routine maintenance and all utilities..
Mrs. Gordon: The question,....
Mr. Plummer: No, no, no. Excuse me Rose. Mr, Manager, may I inquire, because one
of the questions that I had, it does not include utilities. It includes telephone,
but it does not include,...
Mr.`Grassie, No, it is the other way around, Commissioner. It does not include
telephone, but it does include utilities,
Mayor Fevre. In other words it includes electricity and water, but not the
Mr, Grassie: That is correct,
Mrs, Gordon; Does it include daily maintenance?
Mr. Grassie; Janitorial maintenance?
Gordon; Yes,
Mrs Orassie: Yes,
Mr§, Cordon: Okay. The question then that 1 want answered is one of return opt
investment,
Mayor Perte: Re'turti on nveetments?
Mrs. Cordon: Yes. In other words, dies the City,..+.
Mayor Terre: You are taking your presidency of the ttealtors too seriously, Rose,
Mrs. Cordon:Not really. Its a 25 year practice of analyzing return on investttents.
The return oh just asked about, is the City going to turn out in the black on this
operation or in the red?
Mr. Grassier It is anticipated that the City will turn out in a break-even position
on operating costs. It will not compensate itself for invested capital. Ittvested
Capital comes from Community Development monies which we've gotten froth the Federal
Government,
Mayor Ferrel Those are Federal funds.
Mr. Grassiet And we do not antiticpate that the agencies will reimburse the
City for these Federal funds.
Mrs, Gordon: There'll be no income- producing there. But you are certain without
any doubt that we will not be subsidized from the standpoint:"...
Mr, Plummer: You're a dreamer.
Mr. Grassier It is our intention Commission to write leases which will cover
all of the operating costs of the City.
Mrs. Gordon: Is there any escalation in those leases at all? Or is the rate,...
Mr. Grassier We are talking about annual renewals on thelease and each year
we would anticipate that the rate will be reviewed, and -if necessary, increased.
Mayor Ferrer Mr. Manager what's our return on the investment of the
we use for the Day Care Centers?
Mr.'Grassie: The Day Care Centers don't pay for themselves
subsidize them.
moneys
Mr. Mayor. We
Mayor Ferre: In other words I guess the City once in a while, take it upon them
sieves to render social services to the community. Is, that correct?
Mr. Grassier Yes,
Mayor Ferrer And we feel that that is an incumbent obligation as long as we can
do it. For example we have a Police Department that has a very expensive building`
with a lot of computers We don't have any return on the investment on that. We
don't charge and get,....we're not covered on the services,
Mr, Grassie:Only in public safety, that's all.
Mayor Ferre;That's what taxes are for, --supposedly, whatever you get from the
government, Well, now, as a matter of statement to the record, this is not the
Miami Marine Stadium, or this is not the Dinner Key Marina, where we are rendering
something that is 'a non-eseemtiai, so -to -speak iuxury,or'an amenity to the community,
The organizations as'1 read this thing, it says these are the following criteria,
one, that the organization serve, low and moderate income residents of the target
area, two, the ability to meet space requirements of the organization, three, non -
duplication of services, four, past record of agency's ability to provide that
particular service, and lastly, the stability of funding, That is the ability to
pay rent. 1 would hope that we don't go into the kind of a situation when this
1s a drain PP the general fund,
Mrs. Gordon: That's the question that 1 posed, Mr, Mayor. There w er intent
indicated by my question.
16
FEB 1 1979
as no oth
Mayor Pare: I just want to make sure that people don't misunderetand,.1.
Mrs. Cordova The reeord rent -eta that
Mayor Terre: in other tad►, I'm just going to f nish# than I'fn
through,
the Cathblic Service
aby dote
render a "community serine.
We ittakeotherfacilities availabletoDay:tareCemters amid i don't think we
charge themi,�or do we charge the other bay Cares $4a00 a aware foot?
Mr. mraasie: No, we don't Mayor.
Mayor Ferret ',see. tiell, then, shouldn't we consider charging the other Day
Care Centers $4.00 a square foot?
Mr. Grassie: Well, the other bay Care Centers in which the City is involved other'
than those that we have subsidized through the Federal Revenue Sharing Program,
y Centers � are. operated by the City. Of bourse, in those cases :
are Day Care Centers that
we do not charge ourselves.
Mayor Ferre: I have no problems with either one of these.
Mr. Plutmner: Mr. Mayor, I want to ask Mr. Manager, something was brought to my
attention that really I guess troubles --me, but maybe it doesn't, and I want
more explanation. It is my understanding that a request has been trade and maybe
granted, that a third of this building is going to be used by the Federal Govern-
ment for food stamp distribution. Is that correct?
Mr. Grassie: The square footage that you've indicated is a little high,Cotmnissioner.
But the food stamp program is by far the largest single user of the building, yes.
They have been a user of the original, the old Little Bavaria Community Center
Building, they are possibly the most, --the single most popular use of the Community
Center, if you want to, put it in the sense of a service which has a lot of support
and demand by the citizens in the area, and of course they are prepared to sign
a lease with the City which will assure the City that they will pay their fair
share of cost.
Mrs.Gordon: At what rate?
Mr. Grassie: At the same rate as the other agencies Commissioner,which would be
$4.50 a squarefoot.
Mr. Plummer: Mr. Manager, why is that contract not before us today?
Mr. Grassie: Well, what:we are asking for here is authorization to negotiate
leases with all of these agencies. Now, subsequent to this authorization, we
go back and negotiate leases.
Mr.Plummer; Am I to understand then that these organizations and:the food stamps,
there will be no other space available
Mr. Grassie; If all -of these organizations are able to sign'leases with the
City based on:their willingness to pay the rent, and so on, then, that' would
ptetty,much fill up the building. That is correct.
me•hereetto a rove a roximatel two-thirds. I feel it is you are g asking
• Well, you see Mr. Manager where my problem comes,
today pp pp y behooving this
Commission:to establish a priority in our own minds as to who is getting this
$4,50 a square foot, Now I cannot: take,' until you give me the total picture,
and set a priority of who 1 think is most important of those which have been,
I'tn requesting until 1 have a total picture. In other words, you are giving
me 1 assuu►e, two-thirds of it here today, with a possible one-third, committed
but yet not negotiated.
Mr. Greseie. No, Cplw4 siortet what we are giving you here is a list of all of
the organizations that have -requested space in the building and indicated a.
Willingness to pay for that space.,
Mr. piummer: Arc you then indicating to we that there are no other requests
for spaee in the building?
17
1 1979
Mayor FerreLet'a go over the fists
Masi Gordon: Mrs Mayor, you Mow what bothers tie? dsL1 brought aut a tatter
Which l wa5'tot aware of and which 1 find very difficult to soeept, attd that
is that we are willing to lease epaoe to the Federal Goverttnettt at $4,10 who
they are willing to pay a great deal mote than any other place they are ahle
to go, 1 think that the space in this'buildittg should be reserved, as we've
said Mrs Mayor for the postal services that the cottuttity has to deliver. And
dote; t consider that the Federal toVetiimettt has to have space at $4. 0 a square
foot including maintenance, and we'll be just breaking even,' -its incredible,
Mayor Ferret I might point out, and that is something that of course you are
going to have to talk to, Catherine.
Mr Grassier To ant -wet the question,.,
Mayor Ferre If I tnay,...ask the question. You kttoW, l Would want answered on this,
is, as -I understand the Federal program is the food stamp program for those people
that live in the tittle Ravana area. Now that is a vital community service that is
q 50 is a very, very low rent. And I'mneeded in the area. Now the uestion is, $4.
sure that,:for example, I►N.S. who is going to rent from Tibor Rollo downtown, i'tn
sure he's going to be paying more than $4.50.
Mr. Lacasa: Let me clarify something here, because I've been involved in this
situation of the Little Havana Community Center, and the problem With the Federal
program to put stamps, which actually is administered by the Federal Government.
but by ti.R.S,, the Health and Rehabilitation Service of the State of Florida, the
problem is this, I welcome.Cotmnissioner.Plummer'sremarks because I intended to
do, the same. We are very concerned about the fact that H.R.S.,is going to take up
to one-third of the space. The whole concept of a Community Center, founded by,
Community Development is to provide a social agency that do not have enough
resources to pay high rent for adequate space to serve thecotmnunity. But the
problem here is this, we need food stamps in Little Havana. There's no question
about that, and it will be great to have a food stamp agency in Little Havana.
The problem when H.R.S. insisted to have so much space because they do not intend
to serve only the Little Havana residents, with this space out of the Community
Center, but they do'- want to have a more, broad services in there, to'expand their
services out of the Little Havana area, they want to have administrative capabilities
there that do go, --Cathy, that was the problem that we discussed with Mr. Max
Rothman.
Mayor Ferre: Why don't you speak to it Cathy?
Ms. Cathy Leff: Now, with regards to food stamps, there will be a small-adminis-
trative section for the particular food stamp operation. There will be no other
administrative offices from Health and Rehabilative Services, and from the
estimates -provided to us -_from H.R.S, they expect to serve a minimum of 8°to 10
thousand households in the Little Havana area in the issuance and certification
of food stamps.
Mrs.Gordon: How much space are
they taking Cathy?
Ms, Leff; Fifty-five hundred square
Mr. Plummer; What is the total building?
Ms. Leff; There is 14,494 rentable,.,
Mayor Ferre;: Fourteen thousand what?
Ms, Leff. 14,494 square feet,
Mr, Plummer; They are .taking mote than a
feet.
Mayor Ferre; Let me understand this right, Axe .you ei.li hi Co s
H:�t,S, will not be dispensing food ata;nps t ervXoes .or o e fan- l vans
area, or the target area that it is. stsppoeed to g+trvlee? People will not be getting
their food stamps In Hialeah or &mestead at this location,
M. Leff: NO, there ate apecifie target offices vwhere reaideats go to in Ilialeah.
Par instance right how it Lithe HAMA there is no facility that aervea the
tittle 1AVAria residefits.
Mrs.Gordon: 'There isn't Any food stamp place in tittle ItaVana lOVI
Ms. Leff: none.
Mrs. Oordott And there is no space that they could rent fro ta private property
owners that they could utilize for that purpose/
Ms,,Leff: That I couldn't tell you.
Mrs.` Gordontl an sure there is. 1 honestly believe there is and I honestly
believe they'd have to pay more than $4.50 a square foot. I personally an
opposed and I want it to be on the record that this building was constructed
to provide the kinds of social services that this community requires. Truly they
do need a food stamp outlet. There are plenty of places that they can rent, I'm
sure, that they could have that food stamp outlet.. tither that or, they be charged
a rate commensurate with the market place for them. I don't consider them a social
service in the same sense as I do the agencies whose names were listed, --the
Industrial Home for the Blind, the Action Community Center, Little Havana Dev-
elopment Authority. These are serving the needs of that population,specifically
could not be located anywhere else.
Ms. Leff: Just one more point I want to bring out is, they will be paying their
base rate will be $4.50 per square foot, however any modifications that we would
do to their offices for the food stamp operation, they will be paying for.
Mayor Ferre: Can we move along because I think I sense a consensus of the
Commission. I guess what we are saying Mr. Manager is, that with regards to
Action Community Center, Catholic Service Bureau Day Care, Catholic Service
Bureau Counselling, Industrial Home for the Blind, Little Havana Development
Authority, Riverside Baptist Church, Youth & Family counselling, Spanish American
League Against Discrimination and the Useful Aged, --we have no objections for you
to begin negotiating at $4.50. Now with regards to the H.R.S. Agency for Food Stamps,
we feel that they should try to seek space in Little Havana in the private sector.
And if they are not able to find space, and you are assured that no such space is
available, that is convenient, --these are poor people, so that means they have to
walk or ride buses to get their food stamps, or they wouldn't be on food stamps --
we are talking about 14,000 families. Now, if we find that there is no such space,
then H.R.S. should pay whatever the going price is for State and Federal agencies
in this community for renting of space.
Mrs. Gordon: Absolutely, because I can assure you that H.R.S. pays a lot more than
$4.50 in all the other locations that they have, and a difference of $2.00 a square
foot means a difference to this City of $11,000 for 5500 square feet.
Mayor Ferre: All right: Do I sense that as the sense of this Commission?
Anybody want to move that?
Rev. Gibson: Mr. Mayor I'm willing to move it with the proviso that before the
Manager signs that agreement,-Mr.Fosmoen,you and the young lady,before the agreement
is signed, that this Commission be apprised, that
hayou t sco ldn't tnfind isperhereure elsefoot.
and that you tell. us, and that you tell us hat .
You understand what I'm saying? I want to make sure you write that in the motion.
That's the motion.
Mr. Plummer; Plus, Father, I think this Commission should be aware of such other
agencies that are requesting space.
Rev, Gibson. Right,
Mayor Ferre. All right. So in ether words, this is an authorization to proceed
with those mentioned. Those not mentioned, specifically R.R.S., you'll have come
back for further discussion and at the sane time bring a _List of who else wants
the space, and your recommendations at that time.
Mrs, Gordon3f these 8 agencies that we are Approving today,' -how much space are
they going to he 9991pyins?
1s
rn
Mayor Petro Teti thousand feet
Mr. Craasie We Batt give you the specifies break dowtt if you wish. We still
haven't answered Cotnntissioner Plummer's question of about 10 minutes ago, which
seemed to the to be very germane. He asked whether there were any other Ageneies
that had asked for spate, I fait that the attawer to that was no, but I wanted
to cheek myself, Ms, teff tells the that in the last week, two additional agencies
other than the ones that you have on this memorandum, have asked for stall atouhts
of space and that her feeling is that they probably could be attotodated. tut aside
froth that the list that is in front of you represents all of the people, who have
asked for spate. If you wish to at indioate to you how much has been asked for
by each agency.
Mr. Plummer: What we would like to know not., Cathy is of these 8 what does
that represent in total square footage?
Mayor Ferrel Nine thousand square feet.
Mrs. Gordon: Give it to Us individually, and we'll jot theta down.
Ms. Leff: Okay, Catholic Service Bureau Day Care is requesting 2520
Mayor Ferre: Twenty-five hundred and twenty,ii
Ms. Leff:..right, S.A.L.A.D.,-Spanish American League Against Discrimination
is requesting 196 square feet, Action Community Center, 795 square feet,
Catholic Service Bureau Counselling Services, 1195 square feet,..
Mayor Ferret Eleven hundred what?
Ms. Leff'...1195,Viejos Utiles, 1569 square feet, Riverside,....
Mayor Ferre: Wait, wait,...it couldn't -be 1195,...is eleven thousand,.
Mrs. Gordon: No, eleven hundred,...
Ms. Leff: 1195 square feet, okay?
Mayor Ferre: That was who?
Ms. Leff: That was Catholic Service Bureau, their counselling services.
Mayor FerretWho's next?
Ms. Leff: Viejos Utiles, 1569 square feet, Riverside Baptist Church 'which
provides youth counselling, is requesting 329 square feet, Little Havana Dev-
elopment Authority, 259 square feet, Industrial Home for the Blind, 1223 square
feet,..
Mr, Plummer So that cornea to a total of what?
Ms. Leff: It comes to a total of,,,I can give you an approximation because I
don't have the figures added up, --probably about 8,000 square feet, a little bit
more.
Mayor Ferre; Action Community ie getting how much?
M_s, Leff; Seven hundred ninety five square feet,
Mr, Plummer; I want to ask another question after this motion passes,
Mayor Terre; All right, Further discussion on the ;notion that Father Gibson suede,
and who seconded the motion?
Mr. Lacasa, Second,
Mayor Ferro; Seconded by Lacaaa. Further diseussion7 C4t1 the roll.
Pis
20
FEB 19.19
The following resoiutiof was introduced by Cotamissioner Gibson who
toyed its adoption:
RESOLUTION NO, 79
A RESOLUTION AUTHORIZING THE CITY MANANGER To ENTER INTO LEASE
AGREEMENTS WITH NON -PROM SOCIAL SERVICE ORGANIZATIONS, 1OR THE
LEASE OP SPACE IN THE NEW LITTLE HAVANA COMMUNITY CENTER, LOCATED
AT 970 S,W, 1ST STREET, MIAMI FLORIDA, IN ACCORbANCE WITH THE
TERMS ANt CONDITIONS CONTAINEb IN THE ATTACHE') AGREEMENT, WITH
CERTAIN EXCEPTIONS AS SPECIPIE1 IN THE ATTACHn SCHEDULE OI`
LIMITATIONS
(Here follows body of resolution, omitted here and on file
it the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa the resolution was
passed and adopted by the following vote-
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Mr, Plummer: It is my understanding that this is know now as building C. Is
that correct? A is the church, B is the in-between,and this is C. Or is this D?
Mayor Ferre: C.
Mr. Grassie: To a very few people, Commissioner, this is known as building D.
To most people it is known simply as Little Havana Community Center.
Mr. Plummer: Okay. But our terminology all through this process has been
A,B,C & D. Mr. Manager, my concern, --building B under my recollection is to
be torn down.
Mayor Ferre: It hasn't been decided.
Mr. Grassie: That has not been determined yet. N
Mr. Plummer: My main concern,.
Mayor Ferre: Building C is going to be torn down.
Mr. Plummer: okay,'...0 is to be torn down?
Mr. Grassie: That is correct. Yes.
Mr, Plummer: My main concern, Mr. Manager, is building. A. Here we have a,
that's to remain?
Mr, Grassie: Yes. That is correct.
..and
Mr. Plummer: I pulled a record of the uses of an auditorium of approximately
seating capacity of 1,000,E-I understand its cut down from 14 to 1,000, whatever
the fire code will allow. Mr, Mayor my concern in this area is that this thing
is so poorly used, 1 think it showed a one, -year record of where this auditorium
had been used maybe 10 or 12 times, and what was worse than that record was the
record of payment.
Mayor Ferre—; Payment?
Mr, Plummer; That many of the people had fast not paid their bill., --it is a
ridiculous figure of a hundred, orhundred twenty pine dollars for the rental
of that thing, Mr. Mananger what I'm expressing, and would like :a justification
is a sunset law, that we are not getting PUT tnopey's worth, —we the community,
out .of that building. Now it is fine to have a 1,5 00 seating capacity :auditorium
21
.FEf 1 13';'
if its being utiiited, but its nett Atd t think it behooves this Commission
to immediately investigate whether or not' in fact need a capacity of that
type in the form of aft auditorium, Could it,be AMA like many churehea are date
where they build A community center, where it can be partitioned off and portion§
used of it for office space, for Meeting room or things of that nature, because
when I looked at the record of that auditorium, my Cad, it didn't code anywhere
dear Justification of this City being utitiited to its fullest, I think it behooves
the administration to come back and say betels what we auggeat, or justificatiatt
of why tee shouldn't do anything, because it is far from meeting its full utiiiza
tion.
Mr, taeasa: One of the basic problems that we have had with the auditorium is
a problem of the fire code.
Mr. Plummer: I understand,
Mr. tacasa: And either we get to work with the fire department on this, where we
find the moneys:to fik that auditorium and put it up to code,because on the other
hand, Otte of the basic considerations when this particular site was chosen for
the community center, was precisely the availability of that fide auditorium.
Andthe main reason why we have not been able to use the auditorium to its full
extent, has been precisely because of the limitations imposed by the fire code.
And this is a matter of money or, try to work out something with the fire department
through which without jeopardizing the security of the people that are going to use
the place, and we can come to an understanding of what the limitations are and to.
what extent can we use it, and put it to work, because for instance, there has been
many instances that the auditorium has been requested to be used for a specific
theater, --plays andmusicals and so forth, which is actually one of the main
reasons I insist for the community center having that auditorium to entertain
the people of low-income level in Little Havana, and we have not been able to
do it on account of these limitations.
Mr. Grassie: It may be of interest Mr. Mayor and members of the City Commission
for you to know that we are now requesting design proposals, and are seeking
solutions to the problems that Commissioner Lacasa just outlined. We have set
aside $130,000 in the Community Development budget to make those improvements.
We anticipate that much of that improvement is' going to go into some of the
fire code problems we have had in the past, and,I anticipate that once that is
accomplished that we ought to get much better utilization out the facility.
Mr. Plummer: Fine. I'm happy to hear that.
Mayor Ferre: All right.
Is there any action?
11., AMEND RESOLUTION 78-664'WHICH APPROVED CONTRACT FOR PRO-
FESSIONAL SERVICES WITH DR.`ERNEST R. BARTLEY in re
COMPREHENSIVE ZONING ORDINANCE BY CHANGING; SOURCE OF
FUNDING -FROM THIRD YEAR TO FOURTH YR. C.D. BLOCK GRANT FUND
Mayor Ferre: All right, then we are on Item #16 which is a resolution changing
the source of funding -from 3rd year to 4th', C., Block Grant, for a contract
-with Dr. Bartley in connection with the CDity's comprehensive zoning: ordinance,
Rose you want to move that?
Mrs, Gordon; Yes.
Mayor Ferrc; All right, Mrs, Gordon moves item 16, Plummer seconds it. Is there
further discussion? Any questions? A11 right, call the roll,
RESOLUTION NO. 7042
A'RESOLUTION AMENbING RESOLUTION 78464, BATE$ OCTOBER 24, 1978,
ENTIT.EO: " A RESOLUTION AUTt ORt ING THE CITY MANAGER TO EXECUTE
THE ATTACiEb CONTRACT FOR PROFESSIONAL SERVICES WITH 1R. ERNEST
R. BARTLEY IN CONNECTION WITH THE REVISION Ot THE CITY'S COMPRE.
ENSIVE ZONING OROYNANCE WITH FUOINC FOR SAIb CONTRACT TO BE
ALLOCATEb PROM THIRD YEAR COMMUNITY t)EVELOPMENT BLOCK GRANT
EUNBS IN AN AMOUNT NOT TO ERCEE1) $ 31) 000." BY AMENM)INC SECTION
1 T`E#EREO ` TO REVLECT A CHANGE IN SOURCE OF PUNDING PROM TEtIRt)
YEAR TO FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK; GRANT RMS.
(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 Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
12, PEMOt4AL AppP OE: VICTOR LOcAN/LA utI PtkLw.itl
tOnneetion faith the MiAMI §SEA
BOATot,
•
Mayor Terre: I think the way we will db this is, Mr, drassie-, if you and
Mr, ttnok will bring us upto»date as to what happened and where we are,
then we will listen from each of two groups that have a position here.
Mrr Grassier Mr, Mayor and members of the City Comission, in order to
su miarite what is itt reality a very difficult position for the City, 1
Will try to recount for you, briefly the series of eVettts that have gotten
us to a position where, in trying to do right by two competing parties,
it seems like we canit really satisfy either one of them, The first thing
that happened, and this is at least a year and a half ago, was that Mr. Pert
who had been doing with the City'for tote 12 years, started to negotiate with
the. City staff, on an exclusive right to use the what was then called'the
Dinner trey Auditorium, for a boat show. He received some encouragetnent in the
protheCess City�staff,f negotiations, specifically bytwhile Charliethat was Crumptonstill with whomghero uragement wastalking, he
received some encouragement in thinking that the City might be agreeable to.
giving him an exclusiveon the use of the.auditorium. While they were in this
discussion, they brought it to my attention I indicated that. -in my opinion,.
it should not be the:position of the City that anybody received: an exclusive
for this type of show, --or for much of any other kind of show, --and the staff
then went back;to Mr. Perl and told him that, and they started again to
negotiate. It was at about that point, -"-maybe a year after these, negotiations
had been going on back and forth, that Mr. Logan came to the City and asked for
a permit to put on a so-called summer boat show. Since I had told the staff that
we probably would not be amenable to an exclusive arrangement with anybody, and
since there was not reason to deny the permit for a summer boat'show, it was
given. We then concluded negotiations with Mr, pert and in` those negotiations,
he offered to give the City a long-term agreement, --for ten'years as a matter of
fact --covering five different shows. It was our feeling at that point, that the
Tong -term agreement, in conformance with what the City has done in other facilities
such as the Orange Bowl, where it has given special terms.to the University of
to the Dolphins and so on ,for long-term agreements, that in conformance with
that past practice,, that Mr. Per' should receive some preference because he was
willing to sign with the City fora long period of time. And at that point,' we
brought that recommended agreement to the City Commission, and we indicated to
Mr. Logan that we would, based on the long-term agreement with Mr. Perl not
be in a.position to:go forward with his summer boat show. That was, I guess,
the second point at which we got into a difficult position, because -these two
sets of -requests were going on at the same time. After that, Mr. Logan came to
the City Commission. The City Commission had a long discussion of the question,
and based pretty much on the representation that the City had trade, by the fact
of issuing,:a permit, the City Commission decided on a, majority vote,: to grant
Mr: Logan :the right to put on a summer boat show. Subsequent to that, Mr. Perl
came back to: the staff, and asked for a permit for a separate City facility,in this
case,. the Marine Stadium, and asked permission to put a boat sale at that
facility. The staff brought, this request to my attention. I asked the staff_ to
look at:all the City ordinances,, regulations, past practices,` to see whether
there was any basis on'which the City should, or could turn down the request
of Mr, Perl The answer to that,, after'the investigation, was not there was no
The
qCity s permit to use
basis -for turningdown that ue uest, so the issued to him,,a
that,"Mr.us i
came back to the City Commission with the request'that he be given an exciusva
not only on the Dinner Key facility for which he had a permit, but also on any`
other City facility. Again the City Commission debated this at some length and
concluded that they were willing to go along with that request. Based on that
position by the City Co ssion, we sent Mr, Pert a letter cancet.iing the
agreement that he had with us for the use of the Marine Stadium Mr, Pei- I
understand, at that point, took the position that he wanted to retain his right
to use the Marine Stadium, as I understand it,, based on the theory that his re=
quest, and permission to use the faoi..ity,-7that is, the Marine Stadium —was made
and granted before the City CoCommtssion took a position On the ,question of an ,
exclusive summer boat show for Mr, Logan, i understand since then,(i only found
this out this morning), i understand that they had written then to the City,
e€
Attorney, the City Attorney# 1 believe several days ego, informed Mr, ?
that yes, be was correct with regard to his interpretation of his permit to
24 s 419/
use the Marine Stadium, and it is based on that new conflict theft, the Cott-
filet between what we have indicated to Mr, Logan he would get by way of pro
tection for his show, and the right Mr► Peri feels he has based Oh the permit
which he received prior to that determitation by the City Cot nission, that oon
Met then, is the position that we are in, and what 1 presume the two parties.
will bring to the City COMMiseion►
Mrs, dordbn: Mr► Grassie, I find it Very difficult to understand how you would
permit this City Cott nission to becotte involved in a tatter Which boxes us in.
When on the 14th of December this tatter was brought to our attention by Mr.
Logan, requesting exclusivity within the City, and this Commission asked you
at several poittts of tithe for your expressions, froth you. I read these Minutes
thoroughly, froth stem to stern.I can find nowhere that you advised us that
your staff, or you, had signed a contract, indeed, with Mr. Peri, prior to
that meeting. 1 retnetnber saying , why you didn't tell us, forthrightly, that
you had already, your staff had already, gone for contract. Why didn't you
tell us?
Mr. Grassier Commissioner, what we were trying to do, was to carry out whatever
the intent and the policy position of the City Commission would be, following
that dicussion. In other words, we did not want to simply tell you that you
don't have the choice.
Mrs. Gordon: Do we have a choice?
Mr. Grassier It was my impression when we were having that discussion that
what the City has been doing in the past is giving permits for the use its
facilities, and the basic question which has never been tested before is
whether or not a permit is something which the City can in fact revoke. And
it was that question which was brought to the attention of,
Mayor Ferrer Well, now, we are getting into legal matters, so I think what we
really ought to do is, if you'll excuse the interruption, is ask Mr. Knox
his legal position, --and I see there's a letter here, would you explain what
the legal posture is and then we'll ask Mr. Paul, and Mr. Leiberman,--and then
we will come back to discussion on this.
Mrs. Gordon: All right. But Mr. Mayor, (o.k.)...
Mayor Ferrer I think you 've got a valid point.
Mrs. Gordon: I want to listen to the others first, but I have a real legitimate
gripe. I find so many things are taking place here in this City government that
I find out about after the fact, and I'm tired of it
Mr. Knox: At sometime subsequent to your December 14th Meeting wherein you
adopted a motion setting out a policy regarding summer boat shows, and you
indicated in your motion that there should be only one summer boat show in
the City of Miami. Of course, this determination would have had an impact
upon the City's obligations which were created by the agreement which the
City entered into at some time to that meeting, specifically on December
12. Mr. Per1's attorney, Dan Paul wrote me a letter —a copy of which has been
provided to all of you members of the City Commission suggesting that the
action of the City Commission would be construed in legal terms as a unilateral
modification of a contract that was in existence between the City and Mr.Perl.
And I responded to him by letter indicating that I concurred in his opinion
that there was a contract in existence at the time that the City Commission
adopted its policy regarding summer boat shows.
Mrs, Gordon; Mr. Knox, did you know on the 14th of December that a contract
had been signed with Mr► Pert for the Marine Stadium exposition?'
Mr, Knox. NO ma'am.
Mrs. Gordon, Mr, Grassie, did you 4now?
fir.. Brassie. 1 1cnaw that the staff was wprXing on it and had been wor1ing o
it 4_we4K Prior. and I anticipated that the 1 ha]y thing would be that would have
given this permit, yes.
25
1F
K;
Helot Parrs: Well, who signed the contract?
Mr. Crgss1et Mrs Jennings,
Mayor Pert: Mr, Jennings/ Wasn't that going through the legal department?
Mr. 1nott Contracts,...what we use fot the use of the marine facility, Marine
Stadiuth, 10 our standard form use agreement, and the City Attoruey's office
had approved it as to fore
Mayor Perre. All right. Let the ask you this question which t think is the
basic, germane question. Now, Mt, Crassie, oh what authority were you pro-
ceeding, as the City Manages to sign a contract with Mr. earl because that
really speaks to the crux of it. ts this something that you habitually do on
real estate, like auditoriums, or the bandshell, or what -have -=you, you don't
bring;ali these things to the City Commission as 1 understand it, Or do you?
Whit were you going on?
Mr. Grassier The authority is provided in the Charter, Mayor' and,.
Mayor Ferret What?
Mr. Grassie:.44. the authority to manage City facilities, such as the Marine.
stadium, in this case, is provided for in the City Charter. And yes,. the City
Manager, through his delegates, basically department heads, or even employees
within departtments, enter into agreements of this type with individuals and
organizations every day. And I don't see any of these as a personal matter,but
it is a routine, entering into agreements, which,I have thought of in the past
as permits, to use a facility
Mayor Ferre: Let me ask you a question-, now.Theodore Gibson, and Rose Gordon,
and I know I, had expressed,--1 think maybe Plummer did 'too -in previous meetings
we had gone because Logan had been here before December'14, that wasn't the first
time he came here.. Now, I think it was obvious by the discussion previous to
December 14, that members of this Commission tiad :serious concerns on the way
these matters were handled, and the policy, what -have -you. Now, in view of that,,
even though it may not specifically be described in the Charter, isn't. it
incumbent upon you, as the Manager, in the best sense of good management, to,
keep your policy -setting board advised of developments in an area that they
have obviously shown concern -for? And I guess the main question is, how could
we on the 14th of December, vote on something, which is' germane, without having
full information that two days prior, this matter was,....I don't see Mr Jennings
here, and I wanted to ask him if he was here on December 14. As I recall, he
was, because Father Gibson,..
Mr. Grassier I believe he was. He is on vacation today, Mr. Mayor and has
been for aweek.
Mayor Ferre: But I remember' Father Gibson specifically demanded,_ Jennings
and Mrs. Bush, come down here,' and they were not available,:and Gibson said
Well-, let's wait till they get here. You sent for them, and I want them
right here,
Rev. Gibson Right.
Mayor Ferrer And they were present. Now, you may not have been aware of the
December 12 contract signed,, but if Mr.Jennings signed the contract, he obviously
was aware of it, So 1 guess the question is, how could the Commission have
deliberated on something on policy, when two days before something was signed
that we weren't made aware of?
Mrs. Gordon: And Mr. Jennings was present on the 14th and said nothing about
having signed that contract,
Mr, Crassie; The basic question Mr, MsyQr, and we have to be clear about this
point, The basic question is whether or not the Use Permits, which the City
has been giving forfaeiiities, are something which are rew►Qka 1e by the City,
NOW, the operating assumption that we have been dealing with was that, in fact,
if the ""City ConssiQn chaQged its policy; that we could change circumstances
about issuing those permits. When the City Attorney has now reviewed the case,
6
rn
what he is telling ua is that that is not so►
Mrs, Gordon: Why didnit you ask him before the fact/ Why did you wait until
the horse was out of the barn/ i don't underatend this, it is ridieuieua,
Mr. Craeaiet Cot isaioner, iet'a remember the se4uenee, you know, (What has
happened here is that Mr,perl . has used for his advantage the same thing
that Mt. Loan used tour months earlier for his advantage. Mr. Logan ittsisted
Oft getting A permit, evert though he knew that Mr. Peri was trying to negotiate
an eatciusive agreement with the City, and since there was no reason hot to
give Mr. Logan a permit he got a permit,fow Mr, pert turned around attd did exactly
the same thing. What he did was, he asked for a permit itt another fatility, attd
since there was no reason in City rules and ordittat es for not giving him that
permit, Mr. Pearl get the permit And they both used the same deviceagainst
each other,
Mr.Logant Mr. Manager,,.
Mayor Ferret Excuse me, that can't be right now,,.s..►
Mr.Logan: He is incorrect,
Mayor Ferret No, no,,..we.will recognize you in a little while. I think the
basic point, Mr. Grassie really is,,,,I guess three things, One is information
to the Commission. The Commission is entitled to know what the administration
is doing so that in our deliberations for setting policy, we are fully informed.
Number two, 'I cannot perceive, --let's put in a national context Y--that the
President of the United States would give out certain agreements or contracts
of usage of land of the Panama Canal, okay that would impact thewell-being
of that particular area without disclosing it to Congress. And if Congress
was deliberating at that time on that particular issue, certainly the President
would remiss in not bringing out the specifics of the agreements that had been
made. I think it is particularly true, since the subject was germane, because
in the month of November that particular subject had been discussed. Now I
happen to have taken Larry Perl's position and agreed with him and voted that
way, and voted against what Mr. Logan was trying to do, both in November and
December. But I think the point that is being made is one of information, and
one of policy. And lastly, number three, I think you may be misunderstanding
or missing the point of what is being discussed here because it isn't a question
of the prerogative that the administration or the Commission has of not issuing permits
of occupancy or otherwise, but rather that the process that we follow to reach
that conclusion would not,...could not have been full, without all of the facts
and therefore if we were, --and I'rn sure it was unintentionally,and I accept that,
that denied the facts for whatever reason, then obviously our conclusions would
have different had we known these facts.
Rev. Gibson: Mr. Mayor I want to speak to this issue. Nobody in this room, out
of this room, was heard, or has been acquainted with this issue in his or her
right mind, should have done what was done We, prior to the 12th of. November,
raised any number of questions which were danger signals for the administration.
If you tell me that is not true, then I must conclude something far more serious,
either that the administration doesn't give a damn, or that the administration
isn't in its right mind, or, note now, the policy was set on the 14th, the
contract was signed on the 12th, prior to the 12th or the 14th, many danger
signals were given. All right. Now, let's get down to the thing. Whether you
did it, or Mr.Jennings did it, I don't give a happy hoot. What I'm concerned
about is, you permitted us to go through all that process here. We set-up
the policy. We even stipulated that no sign of any kind of a boat show would
be given 60 days before, nor 60 days after. I want this Commission to read.
the Minutes. Read the Minutes. This is a deliberate act,
Mrs, Gordon: Absolutely.
Rev. Gibson: Man, nobody plays me that cheap.'I am prepared , dispassionately,
to take the proper action. Don't tell me that,you know, because of past performance,
We warned you before you took this one. But you know what' you all decided that
you didn't have to listen to us, and you do what you want to do, This mate was
here, along with his attorney, and you know, I've said from here before, to
be forewarned is to be forearmed, And beware of the Athenians bearing wreaths.
I've said that. Man, you are not fooling me. New, whether you signed, or Mr,
Jennings signed, I don't care, They work for you. You work for us, It is dust that
simple.And you can't tell me Mr, Jennings is going to sign a contract, and you
don't know,And there you have us like a bunch of fools sitting tip here two days
after you already signed the contract, Said nothing, Said absolutely nothing:
And note, I wasn't as f.ppl.sh as you thought I was, I said I want Mr. Jennings
here. I want Ms. Bush here. Po you remember that? Right. Right. Right,
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And 1 of very disturbed, 'fiery. And I am floc going to he disturbed: I think
ire aught to take appropriate seton,-either you all are going to carry out
the policy of the Cotifilission, or you ain't going to Barry it but. It is just
that sihple. I hepe everybody understands it.
Mayor Ferret Weli, all right. I tell I think what we ought to do, is
get through with the specifio ease of Peru and:his request, and ttnou's,�� and
then We can tote back and discuss this other issue,t4ow, hogs do we want, .. i
Mei Paul, Mr. Logan, Mr. Lieberman, do you want to be recognized?
Mr. Plummer: Mr. Mayor'before either speak 'I't going to tell you,=you know
if we were here,(Mr. Paul) this is not a detrittent to you,Or Mr. Lieben,
Mr. Logan or MriPer1),if this Hatter before us was a matter of life or death,I'd s
it should be heard. but I've just got to say this for the record. 1 know
this wasnot scheduled on the agenda, and to make people who were called here
at 4 o'clock, wait, until this matter, which is not life or -death,- is wrong.
I'm going to say that, I'm sorry, Mr. Mayor,'I've got to say it. I'think it
would be well within propriety, that after those people who were called at
4 have been heard, that if these people want to wait, then we will hear them,
fine. Mr. Mayor I had to say that for the record.
ttev. Gibson: Mr, Mayor, I understand Commissioner Plummer, and I want to agree
with him. Mr Plummer, it is a matter of life and`death,whether you are telling
the truth or you are lying, with me. And I'll tell you what I'm prepared to do,
I'm prepared to stop the discussion, and I'm prepared to, right now, agree to
a called meeting, for the purpose of dealing with this item only. That's where
I am.
Mr. Plummer: Got no problem,... Father, you don't have to call a special meeting,,
Rev. Gibson: No, no, no, I don't want to go up in the night, you know. By that
time I'.11 be tired. I want to core here fresh, determined to take the:necessary
action that is appropriate.
Mayor Ferre: J. L., because of the importance Of the issue, I think, and I
apologize to all of the people that have been called-, but this obviously
as you can tell by hearing, is a rather emotional, and serious matter. So
please forgive us. We will try to get through this quickly and get to a con-
clusion. So I will recognize you Mr. Logan for a few minutes. Please try'to
keep it short.
Mr. Logan: Thank you. Let me start Mr. Lacasa, by welcoming you to the
Commission.
Lacasa: Thank you very much, Mr.:Logan.
Mr, Logan: I'm sorry to have to take your time again today regarding the
Miami summer'boat show. I:thought that you had adequately addressed the
question of acompeting boat show, but it seems the administration and' the
legal department: failed to pose questions:they have regarding your motions
of November 10 and December 14. On November 10th, I requesteda 60-day pro
tection proviso. Once again, November 10th,..'
Mayor Ferre: Right.
Mr. Logan. .before and after my show. My desire at that time was for it
to be open-end, not just at the Coconut Grove Convention Center. I did not
take, or think it was necessary at that time to go any further with the wording
of the Motion, and if the administration felt that there was question, they
should have posed it then because they are more familiar than I. Irrespective,
prior to the December 14th meeting, when I learned Mt. Jennings was considering
giving Larry Per a contract for the Miami Marine Stadium, I called and notified
in writing, and verbally, Mr. Grassie and Mr. Jennings as to the danger of over-
riding the Commission's Motion of November 10, and requested that they wait
four days, until. the December 14th Miami City Commission Meeting. At that time,l was
told by mr. Jennings, as was my attorney Mr, Lieberman, and .I:think 'also, Mrs,
Cvrdon't secretary, or Assistant, that Mr, Jennings would let the Commission
decide the issue on the 14th, I am now told that Mri Jennings entered into con-
tracts with the approval of Mr, Crassie, with Larry 1'er]. Is this not clearly
Wines this Cnpission's wishes? And l can't understand the desire of Mt,
Orassie and his administration to continue to confuse the issue after his
previous'aPPlOgy for the hack of comma cation in his department, previous28
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to this one, Oft the issue. Now, let point out tO Mr. Orassie's benefit that
fib permit way issued to trte previous to this. he keeps speaking about a permit.
1 was simply granted permission to mold my show, given a letter telling me
the contract would be forthcoming. Also, Mr, Crassie Indicated earlier that
he only found out this morning about Mr. Knox's letter. 1 was told by Mr. Knox
yesterday afternaon,that before he could With the answerletter to Mr. pearl's
attorney he had to get Mr.`Crassie's approval. So Mr. Crassie knew of the letter
before this Horning. Mr. Lieberman.
Mt. Lieberman: Commissioners,` I feel like there's been sabotage in this thole thing.
The way the administration is portraying this, they entered into a Hermit Oh
December 12,..it had really nothing to do with out summer boat show, and loco
and behold, on December 14th, we appeared, asked for, and received an exclusivity.
Well, it just didn't happen that way. When we were here on December 10, we re
quested exclusive use,in the City for 60-days-before-and after. There was a
Motion passed on November 10 which we found out later the City Mananger's
office interpreted not to include our request for do exclusivity. For that
reason, on November 30,-'-this is prior to December 12,--I wrote to Mr. Grassie.
I said thereis some confusion here, some disagreement, I'm told, If there is
misunderstanding on our part or your part concering out exclusive right to
have a summer boat show in the City, let's put it on the agenda, December 14.
So November 30, we requested to appear before this Commission on December 14
to decide whether or not we had the right to exclusive use with the Cityfor
the summer boat show. On December 12, I had a letter delivered to Mr. Grassie
which said, 'I most respectfully request that you instruct your staff to re-
frain from entering into any contracts on behalf of the City, concerning a
summer boat show, until after our forthcoming appearance before the Commission
to resolve this matter. We don't want to see the City put in an embarrassing
position. Twice Mr. Grassie was informed that we were going to discuss this
on the 14th, and he allowed the contract to be entered anyway. This shows a lack
of consideration and respect for the Commission and for the rights of Mr.
Logan. 0ur brochure which we showed you at the past two sessions, advertises
this event as Miami's only summer boat show. This is just a continuing intent
by Mr. Perl to put Mr. Logan out of business to undercut the boat show. Now
Mr. Plummer pointed out at the last meeting,'this is just two businessmen who
were cutting each other's throat'. Well it is not quite that way. Mr.Peri can
afford to take a bath on a summer boat show, and lose money on the boat show
because he's got four other shows to support it. This is our only show. We
can't afford to be undercut by another show. What I am saying to the City,
somebody overstepped their bounds in entering into a contract on December 12,
I think that contract should be declared null and void for that reason. I feel
like I've been made a fool of, -appearing here twice to discuss issues, which
no matter what you, the City Fathers, decide the City management goes and enters
into agreements and contracts regardless. If the contract was signed on the 12th,
(and I have some doubts that it was signed on the 12th, because everybody that
was a party to it, supposedly was here in the 14th, never mentioned it),if it
was signed on the 12th it was done so clandestinely and without notice. And
as I said last time, we are again saying an intention by Mr. Pearl to come in
through the back door to accomplish what he has not been able to accomplish
through the front door.
Mr. Dan Paul: Mr. Mayor I'll be very brief because it seems to me there's
a very simple solution to this whole matter.' I can understand the Commission's
consternation in not being advised, but Mr. Grassie and his staff only followed
exactly what you have been doing for a number of years in this City. Mr. Perl
has been putting on boat shows at Dinner Key, --in fact it was Mr,Perl'S money
who hired the architect and the engineers who came up with the original plan
which changed all of the Commission's minds for the renovation of Dinner Key,
Mr, Plummer; No.
Mayor Ferre; All but two.
Mir, Paul; All but Mr, P1wnmer's mind, In any case, Mr. Perl had put on boat
shows at Pinner Key, and you've never given him any exclusivity, The City
has gone, in two recant years, the Marine Stadium put for a boat.
show within 60 days of the time he put en his boat show here. You haven't
heard any beefs from Mr. Pea, What is fair for pne, is fair for the other.
SP what Mr, Grassie was doing, was naximiging the revenue that you would get.
from your facilities. You don't get Any revenue from dark facilities, It is
a perfectly simple Polntibn here. We have no objection to Mr, Logan putting
911 his steer boat show at Pinner Key, as he should have no objection to putting
Oh our boat show. tut l tell you here and now, if you attempt to enforce
any 60-day exclusivity, you are violating the anti'trust laws of the United
States and I guarantee you tie will hold you accountable for that. You Cannot
conspire with any private cOnteseionaite to let sons other cotSeeseionaire one
in and have an exclusive to put on a ehow whet you have facility available. All
we asked for is fair treatment, the same kind of treatment that we had in the
past We are the only one s Nr, Logan has no valid, signed contract. We are the
only ones with a valid sighed, contract. More power to hitn. Let hit put on his
summer boat show et tanner trey. WE will put on what we are planning to put on,
and have a contract for at the Miami Marine Stadiums It is as simple as that.
I A% sorry that there WAS confusion aboutit, but I think it1 Mrs Grassie's defense,
he did exactly what he's been doing to us --or his staff had been doing to us for
years, --and that is, we never had any exclusivity. We didn't come cry-baby when
somebody put on a show within 60 days at the Marine Stadium, and you got the
rent for both facilities. And I think that's what you `should do at this time,
and abandon any such foolishness about 60-day protection, which i think when Mr.knox
researches he will tell you violates the anti-trust laws of the United States.
Rev. Gibson: Mr. Paul, I'm not a lawyer, as you know. I'tn a clergyman. But I
have a sense of fair play and right and wrong which exceeds any lawyer or law,
Okay? 1 was very happy. I want this Commission to listen attentively now. I was
very happy to hear Mr. Paul say that there should not be any exclusivity. Say
a man appears before us with the Dolphins, and talks about exclusive, you know.
Mr. Paul: No, We have no exclusive lease on the Orange Bowl.
Rev. Gibson: All right.
Mayor Ferre: You mean to say we can have another professional team play football
in the Orange Bowl;
Mr. Paul If you can find one.
Rev. Gibson: That's all I was driving at. I was a little slow getting to it.
Mr. Paul: Your dispute with the Dolphins is well known.
Rev. Gibson: I have no light to guide my future but the light of the past.
If I know what is right there, I know what is right here. And I say to this Com-
mission,you ought to give that man that contract and if you want to take us
to court, --this is my attitude,..take us to court. That's what the court is
there for.
Mr. Logan: Father Gibson, I just want to answer the word exclusivity if I may
because there is a question Mayor: Ferre You people did not grant me an ex-
clusivity, and I did not request an exclusivity, which was the question Mr.
Paul was addressing. It is standard procedure all over the country for shows
to be given a protection period, as Mr.Perl himself is aware of. The Miami
International Boat Show on Miami Beach has an exclusivity totally annually and
no one has bothered to test that.
Mayor. Ferre: Now, I'd like to state my opinion on this. I think this is a legal
matter.` Now, beyond that, it is also a matter of the relationship between the
Manager and the Commission. But that is not under discussion at this point.
Mrs. Gordon: A rattier serious one.
Mayor Ferre: Yes. But that's not what's being discussed here because, that's
not what Mr.Logan is here for, and Mr. Lieberman or Mr, Paul. and Peri. They
are here on the simple question that this party says that they've got a contract.
And this pary says that that contract should be hull and void because of Commission
deliberations in November where the Commission established a posture and a policy.
Now, one of them has to be right and one of them has to be wrong, It seems to me that
in this case we have to be guided by what the legal posture is, and therefore,;
Mr. Knox,I turn to you and I want you to tell us as to what alternatives the
City of Miatni has legally.
Mr, Knox: Mr',' Mayor for the record, I will read into the record portions of
what is character -red as the City of Miami, Florida agreement for the use of
a mua q pal facility: 'This agreement made and entered into this 12th,day of
pt<ot=atber, 197S, by and between the City of Miami, a municipal corporation
30
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for the State of p`lorida, and thtposition Corporation of America, Witheaesth,
in consideration of covenant§ and agreements hereinafter set fort:, the City
doe§ hereby grant unta the utter, the privilege of entry upon the municipal
facility of the City of Miami known as Commodore Ralph Munroe Marine Stadium,
not including those areas which are under lease to others. The said facility
to be et'ttered upon or into, for the purpose of presenting an eRhibition of
new and need sail boats and power boats, and related products and services
during the Miami Summer boat Show yearend diearatiee aa1e, and for to other
purpose whatsoever for the period commencing at 5 A,M, on the 20, 21st and
22nd day of July, 1979, and terminating at 6 R.M. on those sate dates
this agreettent contains other terms and provisions', has been executed by
Larry Peri on behalf of Exposition Cotporationof America, attd R. L. ,kennings,
Director of Stadiutis and Marinas, oil behalf of the City of Miami., ,and this
agreement constitutes a valid and binding contract for the use of the Marine
Stadium on the dates in question. And ihsasmuch as this document was executed
two days prior to the anllottnceinent of the City of Miami's policy regarding
summer boat shows within the City of Miami, this agreement is binding
irrespective of the policy, based upon the legal principle that a City Com-
mission or a legislative body may not, unless it, is exercising police power,
adopt any legislation that would abrogate or impair the terms, or obligations
under an existing contract.
Rev. Gibson: Mr. Mayor, I want to now say this. It seems to me, that people
who work for you, trust have your confidence. It seems to me, that we ought
to have trust and confidence in the people who work for us. It is inconceiv-
able that the City administration would sign a contract on the 12th, have
us meet on the l4th, and not a single person in the administration says a
single word to us about a contract which has been signed. Either they are
lying about the contract having been signed, or that the contract was signed
and they didn't give a damn about us. At that point in time, I don't think
we have much of a choice.
Mr. Lacasa: Mr. Mayor, I am going to speak only to the issue. As an attorney
myself, I don't see any way that this Commission can go back on what I under-
stand is a contract. To me, Mr.Knox's recommendation is an absolute. The
credibility of the City of Miami is at stake here. We cannot afford the
luxury of giving contracts or permits, or enter into agreements and then
renounce on them, because the question here is that people who do enter
into those agreements with the City of Miami, might act on reliance on those
agreements, might enter into expenses, programmed themselves towards
the goals that are the subject of those agreements. And then, weeks, or months
or whatever afterwards, the City has not right, unless it is an extreme kind
of a situation for the public welfare, and this is contemplated by the con-
stitution of this State. And this I don't think is the case. on
those contracts, into which, through their staff, they entered. Here we nave
a twofold situation. One, the legal implications of the City renouncing on an
agreement to which I think that from a legal standpoint of view, we have to
live up to it. Secondly, the credibility of a City, that I don't think can
afford to enter into agreements and renounce afterwards on them. And this
doesn't have anything to do whatsoever with questions raised as to the way
it has been handled by the administration.
Rev. Gibson: Mr. Mayor I want to speak to it, for I am very concerned,
--
I don't plan to be no puppet, I don't plan to be pushed around. Mr. Grassie,
this is a question to you. Did you know on the 14th that that contract was signed?
Mr. Grassie: I knew the staff was working on
Rev, Gibson: I didn't ask you that.
Mr. Grassie:..,Commissioner, if you will let me answer, I will.
Rev, Gibson: I did not ask you that, Mr. Mayor I want the question answered,
Mrs. Gordon: Yes or no.
Rev, Gibson; Rit er yes or no, That's a3..; I want.
Mayor F T1e; Mr. Grsssie'
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Mr► Crassiet I AM going to give you the true Gnawer. Not a simple yes or no,
Cot tiasioner$ As 1 told you before, 1 knew that the staff had been working on
a periit for the use of the urine .Stadium in the last week before the meeting
of the 14th► 1 did nbt specifically know whether or not they had sighed one, but
1 anticipated that they weuid have, because there's no reason why it would take.
that long to do it.
Rev. Gibson: All right. Let pie ask you the other question. Mr, Mayor, I want
to take a tnotieh that this CoMniission convene at a title, a date,specified
deal with Mr. Grassie, and Mr. ,1ehhings►
Mrs. Gordon: I second that botioti.
Rev. Gibson' at not bothered with you, brother Paul, and I at not bothering
with you, my brother. Okay. The legal implication, --you know , --you've Vila the
what the legal is. I went to law school too.. Okay. I *understand. I'll to go
to the other route__
Mrs, Gordon: And also, when we convene for that discussion, I would like you
also Mr. Grassie, to be prepared to give us some information pertaining to
the information preceding the meeting which took place for the extension or
revision I should say, of the lease for the Restaurant Associates which you
apparently, and the Mayor, and maybe some other Commissioner, may have had
information about. And also, the information that I have yet to get the true
picture on the Watson Island /I.R.S. situation which apparently the newspapers
have picked up a lot of information which yet I have not received. And also,
this Logan deal which apparently is another,....
Mayor Ferrer Which deal now?
Mrs. Gordon: ..the one we are discussing now with Mr. Paul and Mr. Logan,
which apparently is another instance of us not being given true information.`
Mayor Ferrer Now, as I understand, Father Gibson made a motion which was that
the City Commission convene to discuss the specifics of the Logan -Pert question
and the Manager's information, or lack of information, to the City Commission.
Now, Mrs. Gordon has expanded that and wants to,at that same meeting also.
discussed the I.R.S. situation with Watson Island.
Mrs. Gordon: Mr. Mayor I would ask the maker of the motion if he
objection to the other items being brought up, I would withdraw
another meeting.
Rev. Gibson: Rose, I want to deal only,....
Mrs. Gordon: Okay.
Rev. Gibson:...you know I'm a simpleton, you know, and 1 want to make sure
not to confuse too many items. I'm not that, you know,...Mr. Mayor, I want
to deal, only with this item.
Mayor Ferrer The maker of the motion wants to deal only,
Mrs. Gordon: I will respect the maker of the motion's request.
mayor Fevre:'All right. We have a motion and a second. Are you setting a
date specific on this?
Rev. Gibson: Sir, at your pleasure. If I have a church service, I'll cancel
it to be present. That's how serious it is for me.
Mayor Ferro; My problem is, that I do have to be in New York Sunday evening,
Monday and Tuesday, and then I am going to Washington on Wednesday and Thursday.
Now I am perfectly willing to meet tomorrow, I guess it would have to be in the
evening, or anytime during the week -end,
Revs Gibson; 24r, Mayor you t=anvaas all the CQau iasieners because I don't want
no shucking and jiving. That's right.
Mayor Ferrer Father I'm sure you are not referring to we:
rn
Revs Gibson: No, no► I Mean I watt to take eure that everybody is here,
you eet? You have told me, I have no problem, took, you tould have it
neXt week, week after heat, but I want five CoMieaibners here*
Mayor regret I an available between now and 1t C guhday, mid I'll Meet with.
you anytime and cancel anything I have,..
Rev. Gibson: And so will I.
Mayor Perre: Now between 1:Sb Sunday and the following week, I'in going to
be absent.
Mr. Plummer: Mr, Mayor, everybody is well aware of your ability to shuck-
jive.
Mrs. Gordon: Not everybody.
Mr. Plummer: Now, even Rose, you will admit, he can shuck -and -jive.
Mrs, Gordon: ,Yes, a different kind of shucking and jiving than what
talking about.
Mayor Ferre: This is getting a little bit heavy for me.
Mr. Plummer: I've seen a demonstration, Mr.Paul, when he rode a bicycle.
One key factor that I think is being overlooked, is this setting of this
meeting. Mr. Grassie, I think it is most important that one of the key
elements, Mr. Jennings is on vacation. I happen to know he is in California,
which is not a 20 minute phone call to come back.
Mrs. Gordon: When did he leave? This morning, J.L.?
Mr. Plummer: No, I think he left Monday.
Mrs. Gordon: I heard he left this morning.
Mr. Plummer: When is he contemplating his return?
Gibson: When is he due back?
Mayor Ferre: I think we ought to have all of the people involved.
Mr. Grassier He will be gone for one more week. He's on a two -week vacation`
Mr. Plummer: To have a meeting over this week -end without one of the key
elements being present
Mayor Ferre: Father is not pressing that, J.L.
Mr. Plummer: Well, you are talking about the week -end,..
Mayor Ferre: No, no, but that's been clarified. Thank you for the clarification.
We've got to move on now. Further discussion on that motion? Call the roll
please.
Mr Plummer: Excuse me, Repeat the motion,
Ms. Hirai; A motion of intent of the City. Commission to set a certain date
and time,: --for a certain date and time, a special meeting to deal with the
specifics in the Iogal-Pert matter.
Mayor. Ferre; I think that covers it. We know exactly what that means,
Mr, Plummer; That ain't what I heard Father Pay, I don't think Father wants
to meet again about a 1pgan»Fetl matter. He wants to deal .about something
else.
Rev, Gibson; Let me make sure{ -Rush a.minute' Mrs Mayur , your are pretty
good at giving motions, telling, putting it,, am not int+ereoted in brother
Logan and brother Fete
you are
33
Mr. Plummer. Well you are, but not for this &pedal meeting.
Rev, Gibson: Not a special Meeting for that. I'm going to assuffie that the
attorney has told me what my right§ are, and those rights are, that t have
to honor that contract. Okay. I'm not going to deal with that. I now want to
deal with Mr. Orassie, and Mr, Jennings, That's where 1 am. And I'm prepared
to have a apeoial meeting to deal exclusively with them.
Mayor Ferre: All right. I think we have a sense of the motion.
Mr.Plum:aer : Now repeat the motion.
Ms. Hirai: Right, it would be as 1 said before, announced as being to
specifically deal with the alleged information or lack of information
the'Mananger had on this matter.
Mr. Plummer: Unfortunately my good friends of the law profession make
a lot money on semantics. Nov read me a motion of which I am voting on.
Not deleting, adding,..►read the motions
Mayor Ferre: Well I think that might be unfair to ask the Clerk to,,.,
Mr. Plummer: Then let Father dictate the motion of which I am going to
be asked to vote on. I understand what Father is saying.
Rev. Gibson: I' move that a special Commission meeting be called for the
purpose of dealing with Mr. Grassie, and Mr. Jennings as a result of the
Peri-Logan contract situation.
Mayor Ferre: Is that clear?
Mr. Plummer: The motion is understood.
Mayor Ferre: And it's been seconded by Mrs. Gordon.
Mrs. Gordon: Fine.
Mayor Ferre: Is there further discussion? All right, call the roll.
The following motion was introduced by Rev. Gibson who moved its adoption:
MOTION NO. 79-73
A MOTION CALLING A SPECIAL CITY COMMISSION'MEETING FOR'
FEBRUARY 26,1979, AT 1:00 P'.M. FOR THE SPECIFIC, PURPOSE
OF DEALING'WITH MESSRS. JOSEPH R. GRASSIE AND ROBERT JENNINGS
IN CONNECTION WITH THE LARRY PERL/VICTOR LOGAN MATTER. -
Upon being seconded by Mrs. Gordon, the motion was passed and adopted
by the following vote.:' Ferre.
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer,' Mr, Lacasa, Mayor
NOES: None
Rev. Gibson: Let's set the date Mr, Mayor and then I'm through,
the date
Mayor Ferre; Now, Father, I will not be back in town until the 15th of February.
So anytime after that, I'm available,
Rev.Gibson; You'll be back' in town,
Mayor Ferro: 1 have to go to Texas on the 1201,
Mr. Hummer: It 1e any understanding Mr. Jennings will not return until the 12th.
Mayor Ferro; 1. am going to be 1n Texas on the 15, and 1411 be back either that
night PT the 1.6th in the .mor'ning.
Mr. bluer: Mr. Mayor 1 will be in 'laliahaaaee repro entit% the City 6n the
loth, loth and l6th of Pebruary for the mid.00ni'erenee of the Florida teague
of cities, and alar,Mra. Gordon will be there.
Mra. Cordon: Yee, 1111 be gone too.
Rev. Gibson: When is the regular fleeting?
Mr. Flamer: The regular Meeting is seheduled for 22.
Rev. Gibson: What about the 25rd? What about the 2Srd of 1'ebrua
Mr. Plummer:
Mayor Ferre:
Mr, Plummer
Rev. Gibson:
Mrs. Gordon:
Rev. Gibson:
Mayor Ferre:
Rev. Gibson:
Mrs.Gordon :
Rev. Gibson:
Mayor Ferre:
Rev. Gibson:
I'in told that the Governor will be ih town on that day
We have Governor Graham work session with us.
Governor will be here at 1 o'clock.
Well, who!s available,... on?
The 21st,...does that suit anybody?
No. Wait a minute, Rose.
This meeting with Bob Graham
I understand,...I don't want
On the 21st?
What about the 26th?
How about the 26th?
I-'11 go for the 26th.
is v
ry important.
to interfere
with that.
Mayor Ferre: Does anybody have any objection to the 26?
Mr. Plummer:
If:it is an afternoon, I -have no objection.
Mrs. Gordon: All right.
Rev. Gibson J.L. try to give it all the time it needs, my brother.
Mr. Plummer Well, Father, knowing you and the way you operate, I don't think
it is going to take long. You are going to state your case, and then we are
going to do what we think is right.
Rev. Gibsont Thank you.
Mayor Ferret Is 2 o'clock all right?
Mr. Plummer: Two o'.clock or l o'clock? One o'clock is fine with me.
Mayor Ferret One o'clock?
Rev. Gibson: All right. One o'Clock...:
Mayor Ferre:one (O'clock is all right with me.
Mt' .
Plummer; Whsw, hank Cod for this part-time job.
Mayor Ferre; As I recall, that's pretty close to high -noon isn't it?
35
Mr. Plummet: Yes
Mts, Cordon:Mr1 Mayor, sotee.ofte would like to get your attention.
Mr. Lieberman: Mt. Mayor) I gust have a problem. Mr, Laeaaa taiaed a
question about the credibility of the City in renouncing agreements, and
I have a 4ueetion. that about the agreement the City reached with Mr. Logan
in November that he would have a front -and -back protection period for his
boat show
Mayor Ferret Would you defer that? I as Chairman would defer that to
legal counsel.
Mr. Lieberman: Please do.
Mr. Knox: The. Minutes of the meeting of November 10 reflect conversations'
concerning protect periods. The Minutes do not reflect the facility to which
those protect period would attach. So there is no evidence of any agreement
with Mr. Logan with respect to a protection, as against other facilities
within the City of Miami at this point.
Mr. Lieberman: Mr. Knox, it doesn't reflect to the contrary. That was the
reason that we asked to appear before the Commission December 14th That
was the reason for our appearance and the City knew about it. I think this city/
estopped from acting on this issue until it had been resolved by the Commission.
Mayor Ferret Mr. Knox?
Mr. Knox: As I indicated earlier, Minutes of the Meeting of November 10 at which
the City Commission took some action, don't reflect any conversation relating
to other facilities in terms of the protect period.
Mayor Ferret Ron, I would like to
and as Mayor for 10 years. I have
Miami Commission went against the
time L'm open for a motion.
tell you that I've served as a Commissioner
yet to see one occasion when the City of
advice of our legal counsel. Now at this
Mr. Plummer: Mr. Mayor, very simply, you say you are, open for a motion. I
would say to you based upon what I have heard, even the very loud and very
clear expression, of Father and Mrs. Gordon, I would say: to you at this point,
there ,is no motion. An administrative matter has'been made. and only if this
Commission wishes to override that administrative matter, would a motion be
made;
dtat at'this time,
nion by this Commission is a reaffirming of the
legalGrassie has done. Now, that's the way I understand it.
Mayor Ferre. Is that clear?
Mr. Knox: Yes, sir. No action would mean a maintenance of the status quo.
Rev. Gibson; Do we have the right?
Mr. Knox: No,
Rev, Gibson;
Mr. Plummer;
--I'm losing
Rev. Gibson;
sir.
All right. I just:want to make sure I get all of the legal,,,.
Wait a tninute,You 've been both talking back and forth in half sentences,
something in'the middle. Do we have the right to what?
Do we have the right to override the administration?
Mr, Plummer; And you say no.
Nr, Knox: No, sir we don't have the right llaterally,
Rev,Gibson; That's all I want to hear,
Nrs,GQrdPP;blame rests with Mr.Grassie,and with staff,and leaves these People
hanging from a chandelier Somebody tell me what they are supposed to de, I mean
with all equity to everybody olse,What about the Pinner Rey boat show. They4ve got
the UP
•
contract that hes been given to them with what we had Raid they oauid hams.
within that facility,
Mrs 141o10 Might, Mrs Gordon, let me da two things please, Number one t would
like to reed into the record again. Motion Not 78 717 which was adopted oft
November 10, 1979: 'A motion authorizing and directing the City Meleager to
honor the dates reserved by Victor Logan in eontteetion with the summer boat
show in June, 1979 at the Coconut gorse nthibition Center, dune 25, through
July 3 of 1979'. It's my information that Mr, togaft has been presented with
a contract to hold a boat show in the Dinner Rey exposition Hall an the dates
that he had originally requested.
Mr. Logan: Mayor Ferre, and Commissioners, let the say that he is failing to
fully read the agenda, Today, the Minutes bf the Co Mission Meeting of December
14, Were not trade correct today until this afternoon at 2 o'clock only because
of the fact that a new clerk had failed to type the Minutes accurately , and
they are still tot correct. l respectfully submit to you that the Minutes Mr,
Knox is reading from, from November 10, were also incorrect, because if you
will read the conversation that was typed from the tape on page 20, I specifically`
asked,
Mayor Ferre: Page 20 of the December or the November?
Mr. Logan:..the November loth Minutes. I specifically asked, and I'll quote
if you don't have a copy.
Mrs. Gordon: So quote, I don't have a copy.
Mr. Plummer: You are talking about page 20?
Mr. Logan: That is correct sir.
Mrs. Gordon: What was that?
Mr. Logan: Page 20 of the Minutes of Novebmer loth.
Mr. Plummer: Where are you quoting from?
Mr. Logan: Okay, if you start at the top, and we start talking about the
exclusive ,..the protection period, you will find that it points out on page
20, that I have asked for a 60-day protection period before and after the
show, and Mayor Ferre, after questioning me, as you go down the page, indicated
to me, okay, where it says "Mayor Ferre: July 20, July 3,that makes August 3,
September 3, October, --okay, Unidentified speaker myself, saying Thank you.
This was an addition to the motion, and Mayor Ferre then says anything else you
want to add,they were allowing me; to, add something to the motion. Now the
motion did not come out printed corrected in the Minutes. And I understood
when I left this Commission Meeting on November the loth, that I was also
given a 60-day,...
Mayor Ferre: You are not saying that I was asking you to write the motion,-
anything you want to add to the statement you are making. You are not making
the motion. Add to the motion?
Mr. Logan: I was asking if these things could be added to the motion, and
you, specifically used the word 'added' yourself, and then said okay.
Mayor Terre;Of course, is there anything you want to add to your statement?
Mr, Logan; No, sir,,..
Mayor Terre; You don't make the motion' YQu don't serve on this Commission.
Mr,Logan; But sir, you didn't say to your statement. I was asking if this
could be included in the motion, and if you will go back and read it,
you answered yes:
ens
FEB
, khaki M, Meyer, May t eay Ohe more thing and theft i won't have ahything elee
to say That is there is still a question, the question wa§ hat reached in the
Meeting of November 10th at to whether we were talking about a protest period for
the facility or eity'wide. Y. there was dieeueeion about a pfateot period but
howhere in this record'ire there request for„nor a diteueeion about;& protest per-
iod which would ekterd to faei itiea owned and operated by the City in other places.
Mrs. Cordon: 1 don't think. George. there was ever any thought ih anyohe's mihd
that there would be a iy other facility appropriately situated or available for that
purpose oh t oVetlbor loth - oh November 14th there was,
Rev, dibsbn# but at the subsequent Meeting the thing came up again and if you read
the miiutes there can't be any doubt in anybbdybs mind because i was the guy who
said so.
Mayor ?erre: Okay, look, we're gbing to be talking about all of this i would imagine
Oh the 26th. Mow what's before us simply is whether we take any action or hot. The
City Attorney said his bit, Plummer made his point, the attorney reaffirmed, there
is nothing else to talk about,is there?
Mrs. Gordon: What about their contract in the Dinner Key Auditorium?
Mayor ?erre :
I would imagine they have that contract don't they?
Mr. Paul They don't have such a contract,
Mr. Logan: I was,just after three months of negotiating,
tract at 2:00 O'clock this afternoon after Mr Knot said,
thought you had it and I looked the contract over and it
what Father Gibson specifically said also at the December
about things such as the deposit amounts, etc.
Rev. Gibson: That's right.
I was just given that con -
"Oh, gee, I'm sorry I
is quite to the contrary of
14th Meeting when he spoke
Mr. Logan: It's not in the contract and they have totally disrespected this Com-
mission.
Mrs. Gordon: George, I'm getting a little fed up. I'm wondering why in the devil
we're sitting here whennobody:cares a hoot or a hang about what we say or we don't
say.
Rev. Gibson:
Right.
Mrs. Gordon: Now you know you can read and I can read and you know what the intent
was and youknow what was supposed to be in it and I understand that the other facil-
ity is now a question which is moot because there has been a contract signed but
this one is`not,and this one is the one that you issued a contract for signature
apparently which does not follow the directives of this Commission. Now I. would
ask you respectfully to go over that with them and I would assume the entire Com-
mission is interested in equity and would approve of your going over with them the
points of differences and resolve them equitably.
Mr, Knox: Are you suggesting that I do that, or my office?
Yes, if t .
Mrs. :Gordon; your office is the that wrote the contract your office
is the one that should do it. If the Manager's Office wrote the contract then he
should do it/but whoever wrote this contract which apparently did not follow the
directive of this Commission should do what the Co unission has asked to be done at
least in that facility.
Mr. Logan; Mrs, Gordon, I have one last thing to say, Mr. Paul respectfully sub-
mitted to the Commission that he felt that they were within their legal rights to
sue the City of Miami. May 1 point out to you that he was, he supposedly - and I
don't believe this - but he supposedly, berry pexlesigned the contract with the
City of Miami on December 12th, He was no uncertain terms told by the City Com-
mission his contract was null and void by yOUr POMunission's decision two days later,
He then the very next day was written a letter by Bob Jennings which was signed
by the Manager on the 21st of December and by the 22nd`had this letter in his hands,
He has continued to show no respect for the Commission or the City Manager as my
letter delivered to you yesterday indicated, My point is if that Mr, Paul :and Mr,
Berl would like to sue the City of Miami, 1 would be very interested .n paying
38
whatever a Budge finds they deserve far sever: days time and that's what we're
faced with. He is confusing the marine industry) he is (siM to walk out of this
COmmission meeting today and say to the marine industry people, lit can do my goat
show at the Marine Htadiumli, we are five Months away from My Hummer toatehaw, he
LA causing Be 01011101.000 legal fees and confusion to the entire MArihe industry
and I sukait to you that I don't think a fudge will give hiss much of a verdict for
seven days.
Mr. Paull Mr. Mayor, we have already had our drawing dh our show and are signing
our contracts and our show will be full and the City will §et their full revenue,
We have been proceeding for some time, that's what a signed valid eontraot tens
in out books
Mayor Ferret Is there anything else you want to bring up at this point
Mrs. Gordon: Mo, other than that Mr, Logan understand that this CalibiSSiOri in my
opinion moat abide by its legal counsel'sadvice and although my feelings and sym-
pathies lie with you, , , , as fat as I'tn concerned the fault lies with the admin-
istration
that we're in this bind but nevertheless as far as any legal action that.
we shotl.1d direct our attorney I don't feel that we can direct him in any legal
action regarding what you just suggested,
ADJOURNMENT: There being do further business to cone before the Commission
at this tithe, the tneetiiig was adjourned at 5t44 o'clock P.M.
MAURICE A FERRE
MAYOR:
ATTEST: MA117 HIRAI
ASSISTANT CITY CLERK
ITD NO
i
DOCUMENT
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
EXPRESSING THE DrN:NEST SORROW AND GRIEF
COMMISSION TO THE FAMILY AND FRIENDS OF
EXPRESSING THE DEEPEST SORROW AND GRIEF
COMVISSION TO THE FAMILY AND FRIENDS OF
KOLISCH:
OF THE CITY
GEORGE HOLLAND
OF THE CITY
JOSEPH M,
EXPRESSING THE DI.:ENEST SORROW AND GRIEF OF THE CITY
COMMISSION THE FAMILY AND FRIENDS OF MAX OROVITZ
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS
AMENDED, CHAPTER 34, SECriON 34-63 PARKING LOT REVIEW
BOARD.
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI
ESTABLISHING PROCEDURES IN CONTRACTING FOR CERTAIN
PROFESSIONAL SERVICES BY THE CITY; ESTABLISHING COM-
PETITIVE NEGOTIATIONS FOR FIRMS OR INDIVIDUALS PROVID-
ING SUCH PROFESSIONAL SERVICES
APPOINTING THE CHAIRPERSON OF THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER ADVISORY COMMITTEE
AUTHORIZING THE CITY MANAGER TO ENTER INTO LEASE
AGREEMENT jJITH NON-PROFIT SOCIAL SERVICE ORGANIZATIONS,
FOR THE LEASE OF SPACE IN THE NEW LITTLE HAVANA COMMU-
NITY CENTER.
10 AMENDING RESOLUTION 78-664, DATED OCTOBER 24, 1978
COMMISSION
ACTION
R-79-67
R-79-68
R-79-69
R-79-70
RETRIEVAL
CODE NO._
0013
79-67
79-68
79-69
0014
0015
79-70
R-79-71 79-71
R-79-72 79-72