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CC 1979-01-18 Minutes
CI IT Y OP MIAMI tyi MCORP +MATO 11 96 • polvimissto MINUTES OETINS Hats ON %JANUARY 18, 19,9 ritEPARID SY in OFFICE OF ME CM' CLEAt' Atirr uu. RALPH G. ONGIE CITY =RI( 1 3 4 5 6 8 0 12 13 14 15 18 17 CIT maws. MET CONFIRMINGkESOLUTIoN=INTERIM APPOINTMENT TO kOUP IV-C1TY COMMISSIONER AMANbo LACASA PERSONAL APPEAIRANct-MAY0P DALE EENNtTT# MAYOR OF HIALEAli RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT LOCAL AFLIO-APSCME PERSONAL APPEARANCE-FRED ROTH-ALTERATIONS TC DOCKNASTERS OFFICE AT DINNER KEY MARINA ACCEPT DEED OF DEDICATION-N.E. CORNER -SOUTH tIAMI AVENUE & S.E. 2 STREET PROPOSED WORLD TRADE CENTER:FEASIBILITY STUDY U.D.A.G. APPLICATION COMMENT -CHAMBER OF COMMERCE CONRAD REPORT ON OUT -PARCELS DISCUSSION OF PROPOSED AGREEMENT BETWEEN CITY OF MIAMI AND RESTAURANTS ASSOCIATES-MIAMARINA RESTAURANT PROPERTY EMERGENCY ORDINANCE -ESTABLISH NEW TRUST & AGENCY FUND "CHILDREN'S CREATIVE EXPERIENCE" ACCEPT GRANT -STATE OF FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES "RECREATION PROGRAM FOR THE MENTALLY RETARDED" EMERGENCY ORDINANCE -AMEND SECTION 1 OR ORDINANCE 8719 ESTABLISH NEW TRUST & AGENCY FUND -"RECREATION PROGRAMS FOR MENTALLY RETARDED" 3rd YEAR" ACCEPT DEDICATION OF BRIDGE TO CLAUGHTON ISLAND AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH FRATES COMPANY AND EDWARD N. CLAUGHTON JR. FOR MAINTENANCE SECOND READING ORDINANCE -AMEND SEC.1 & 6-ORD. 8856 INCREASE APPROP. FOR SPECIAL PROGRAMS & ACCOUNTS SOCIAL SERVICE PROGRAMS ETC. SECOND READING ORDINANCE -ESTABLISH TRUST & AGENCY FUND "SOCIAL SERVICE PROGRAMS -FISCAL YEAR 78-79" SECOND READING ORDINANCE -ESTABLISH NEW TRUST & AGENCY FUND "INTERNATIoNAL FOLK FESTIVAL" SECOND READING ORPINANCE-ESTATILISH NEW TRUST & AGENCY FUND -''COMMUNITY ECONOMIC PEVELOPMENT DEMONSTRATION PROJECT" SECOND REAPING ORDINANCE-AMENP $FC=1, ORD, 8719- g$TADL151-1 NEW TRUST & AGENCY FUNP-"PP PF 0R0 CINE-CIRCULD QUIJURAL" SECOND REAPING ORPINANCE-ESTAPLISH NEW TRUST & AGENCY FUND-"UPAG SECOND MORTGAGE HOUSING ASSISTANCE. GRANT PROGRAM" MANCE SOLUT I ON 0 ik-79 2 Discussion 4-79-4 2.179-5 R-79-6 Discussion Discussion Ord.8887 R-79-9 Ord.8719 R-79-10 Ord.8889 Ord,8890 Ord.8891 Ord,S8K Ord,SS93 Ord$SS94 PAGE NO 3 4-€ 9 10 10-26 26-95 is 19 20 21 23 24 25 26 27 29 30 31 32 33 34 35 IND IsMIR8Rim saw PIST RtAbINO oRbINANCt-AMtNb SEC. 1a ORDINANCE 8119 ESTABLISH PIVt Ntw TRUST ANb AGENCY PUNbS POR CtTA TITLt8 I. IIb IIi VI-PSt & VI STIMULUS PRO,ItCTS IRS' READING oRb/NANct-AMb.Stc,1 & 6 ORD, 8858 PLANNING DEPARTMENT FOR PURPOSE OF FUNDING POSITION OF:"GRANTS ADMINISTRATOR /N THE PLANNING DEPT," EMERGENCY ORDINANcE-AMD,stc, 1 & 6 oRD. 6858 INCREASE SPECIAL PROGRAMS & ACCOUNTS "5.5 SALARY INCREASE FoR CITY EMPLOYEES" FIRST READING ORDINANCE -AMEND CITY CODE CHAPTER 34 SECIONT 34-63-PARKING LOT 'REVIEW ROAR- 7 MEMBERS PRESENTATIONS, PLAQUES AND SPECIAL ITEMS FORMALIZE NEGOTIATIONS WITH RESTAURANT ASSOCIATES BACK PENT...IMPROVEMENTS-PERCENTAGE LEVEL ETC. ORDERING RESOLUTION -CITY WIDE SANITARY SEVER EXTENSIONS SR-5458-C ORDERING RESOLUTION-AVALON SANITARY SEWER IMPROVEMENT SR-5452-S PUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: AVALON SANITARY SEWER IMPROVEMENT SR-5453-S FIRST READING ORDINANCE -AMEND CITY CODE -CHAPTER 56 REQUIRE EACH TAXI CAB LICENSED IN CITY TO HAVE "DROP SAFE" DISCUSSION OF METRO PROPOSED ORDINANCE REGULATING TAXICABS WHICH WOULD ELIMINATE CONTROL BY MUNICIPALITIES • FIRST READING ORDINANCE -AMEND 1 OR ORD. 8858 REIMBURSE DEPT. OF TOURIST PROMOTION -ORANGE BOWL BLOSSOM CLASSIC FOOTBALL GAME URGE DADE COUNTY SCHOOL BOARD NOT TO ELIMINATE CERTAIN SCHOOLS PERSONAL APPEARANCE-GLADYS BROWN -"KING HEIGHTS GREAT NEIGHBORHOOD PROGRAM" PUBLIC HEARING -CITY OF MIAMI PROPOSED 5TH YEAR COMMUNITY DEVELOPMENT PROGRAM AUTHORIZE SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY TO USE CITY STREETS IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS FEBRUARY 14 1979 TO FEBRUARY 14 1980 KCET BID -PINES SANITARY SEWER IMPROVEMENT BR=,5450 (C 4S) PROPOSED CONTRACT WITH '"MONUMAX"-DISPVS$ED AND TP4PQRAR3.LY PEP Page tP IMO& OR tOLlit ON NO 1tt Reading lst eadihq Ord,8895 Discussion Reading M-7-11 R-79-12 R-79-13 R-79-14 1st Reading Discussion 1st Reading R-79-15 M-79-16 Discussion Discussion R.-79-17 R-79-18 PAGE NOi Se S7 57-58 56 59 60 62-63 63-64 64 65-67 66 69-71 71 73 74-79 $0,-104 104 105 DEM IA 36 37 38 39 r#F 40.1 40.2 40.3 40.4 40.5 i'f* 40. 6 40.7 40.8 40.9 40.10 40.11 40,12 40„13 40,14 40,15 C14 DID ID MCI IAFrafklat\ EXTENb HOURS POk SALE °V ALCOHOLIC tEMAGES POR SUNDAY PREOEMNG "SUPEREOWt, XIII" PROPOSE!) AGREEMENT WITH b/sCAYNE RECREATIoNince FOR oPERATioN/bEVELoPMENT oP biNNER KEY MARINA bEVERRAL OF ENTIREPLANNING AND ZONING AGENbA To FEBRUARY 1, 1979 PRoPostb AGREEMENTS-BISCAYNE RECREATION AND NEW WORLD MARINAS -PUBLIC HEARING,-DISCUSSIO AND DEFERRAL TO FEBRUARY 22, 1979 AT 7 PM CONSENT AGENDA CLAIM SETTLEMENT-LORI BIVINS-AUTHORIZE DIRECTOR OF FINANCE TO PAY $8,500.00 CLAIM SETTLEMENT-ARTHUR WILLIAMS-AUTHORIZE DIRECTOR OF FINANCE TO PAY $13,000.00 CLAIM SETTLEMENT-JOAQUIN FERNANDEZ-AUTHORIZE DIRECTOR OF FINANCE TO PAY $5,100.00 ACCEPT COMPLETED WORK -MARINE STADIUM STRUCTURAL REPA/RS-1976 ACCEPT COMPLETED WORK-1-95 EXIT RAMP LANDSCAPING COMMUNITY DEVELOPMENT PROJECT ACCEPT COMPLETED WORK-BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE II (BID "A") HIGHWAYS). ACCEPT COMPLETED WORK -CONVENTION CENTER -PHASE II - SITE PREPARATION BID ACCEPTANCE-D.M.P. CORP. NORTHERN DRAINAGE PROJECT E-44 BID ACCEPTANCE-F & F CONSTRUCTION CO.,INC.-WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE IV EXTENSION OF EMPLOYMENT-ARTHUR HARGRAY APPOINT MEMBERS TO COMMITTEE ON ECOLOGY AND BEAUTIFICATION PRAM ACCEPTANCE -"READING IS FUNDAMENTAL" (2ND YEAR) BID ACCEPTANCE-RINKER MATERIALS CORP, FOR FURNISHING READY MIX CONCRETE PTD ACCEPTANCE -CONTROLLED ENVIROMENTS OF FLORIDA FOR FPANISHIM TOTF PARRFZ4 PTD AcCUTANCEQRAPBTC'S ORGANIZATION FOR FURNISHING 199,000 COLOR BROCHURES FOR WV PFPT, OF UMW Qp1NANCE KESOLUTION Page 03 PAGE NOi R...19=-19 bitcustion Discussion M,,79-20 R-79-22 R-79-22 R-79-23 TR-79-24 R-79-25 R-79-2E' R-79-27 R-79-26 R-79-29 R-79-30 R-79-32 R=79-34 R.-79-35 Rir79r36 110 126-129. 129-164 165 165 165 166 166 166 166 166 166 167 167 167 167 167 168 168 tax c I) Is..sQ'Ic'PE.PIA!TtliR1114 40,16 tt0 ACCtPTANCE."04tRY PRObUCt8 CORP rOk FURNISHING AUTOMATIC let Mkittkg 40.17 40.18 40.19 40.20 01; 42 43 44 45 46 47 48 49 50 tib CEPTANCt-AbbAk$606RAPR MULTIMIApH CORP, CoL0k PRINTING PRESS BID ACCEPTANCE,..IUELLE BROS., INC. FOR DEMOLITION OF UNSAFE BUILDING B/D ACCEPTANCEBEN HURWITZ, INC. FOR DEMOLITION Ot UNSAFE Bt:ILOING BID ACCEPTANCEAUTOMOTIVE AND HEAVY EQUIPMENT PARTS AND ACCESSORIES PERSONAL APPEARANCE OF MR. TOM POST REPRESENTING NEW WORLD MARINAS, INC. EXECUTE AGREEMENT-MORTON/WOLFBERG/ALVAREZ/TARACIDE/ SIEGLIE AND FRESE FOR TECHNICAL bESIGN/MODIFICAT/ON TO INCINERATOR NO.1 FIRST READING ORDINANCE -AMEND SEC.1, ORD. 8716 FINANCE DESIGN AND CONSTRUCTION EXPENSES OF INCINERATOR NO.1 FIRST READING ORDINANCE -ESTABLISH FEES FOR. SPECIALIZED RECREATIONAL AND. INSTRUCTIONAL CLASSES-DEPARTAMENT OF LEISURE SERVICES FIRST READING ORDINANCE -AMEND RETIREMENT SYSTEM PROVIDE PROCEDURE FOR PAYBACK OF SERVICE CREDITS FOR MILITARY LEAVE REAPPOINT MARX D. CAUTHEN TO THE OFF-STREET PARKING BOARD OF THE CITY REAPPOINT ARNOLD RUBIN TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI APPOINTMENT OF PERSONS TO AFFIRMATIVE ACTION ADVISORY BOARD ALLOCATE $19,500.00-M1AMI DADE CRIMINAL JUSTICE COUNCIL LOCAL MATCH CASH FOR GRANT. AUTHORIZE CITY MANAGER TO ISSUE BUILDING PERMIT TO BASCOM PALMER EYE INSTITUTE. -UNIVERSITY OF MIAMI,FLORIDA 51 EXECUTE AGRunNT-PLANNING SERVICES FOR DOWNTOWN PEOPLE MOVER 52 NEGOTIATE CONTRACT FOR PROFESSIONAL CONSULTANT $gRvICFS-"ComMuNITY ECONOMIC PEvFLOPMZNT DEMONSTRATION PROJF0T", 53 NgQOTTATg CONTRACT FOR PROFE$51ONAL CONSULTANT SERVICES 4UNTIqOPMENT STMTEGY .PTVPY FOR OF MTAMT 4 FLORTPA", 54 EXECUTE AMENPMFNT TO SVPF;XVNTAL APRUMFNT- O'LEARYFRiAUR 6 ASSOQTATT$4 PA FQF RgPguLmigNT PTXIT PARr CTTY PAGE NO, 168 16E 16E., 16E 169 169-17:1 171 170 172 172 173 173 174 - 175 .175 176 177 178 179 55 56 57 56 59 60 61 62 63 64 tri 66 67 69 69 70 IND WIDINVIZaR1114 &EJECT EXECUTE AGREEMENT -METROPOLITAN DAM COUNTY POR LEASE Or PROPERTY AT 451 N.W, STH STREET PRoPOStb LEASE AGREEMENT WITH sCCIAL SERVICE AGENCIES AT "LITTLE HAVANA COMMUNITY CENTER"-DEPERktb TO FEBRUARY 1ST 1979" DESIGNATE NEWSPAPERS FOR NOTICE OF SALE CERTIFICATES DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS ACCEPT PLAT-"MELLO GROVE" AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT- "MONEYMAX", COMPUTERIZED CASH PLO FORECASTING INVESTMENT MANAGEMENT SYSTEM, ESTABLISH ADVISORY COMMITTEE-"MIAMI CENTER ADVISORY COMMITTEE" APPOINT PERSONS TO "MIAMI CENTER ADVISORY COMMITTEE" SUPPORT APPLICATION BY SOUTH FLORIDA REGIONAL PLANNING COUNCIL PUBLIC/PRIVATE ECONOMIC STRATEGY FOR ECONOMIC DEVELOPMENT -SOUTH FLORIDA PRELIMINARY DEVELOPMENT PLAN FOR WORLD TRADE CENTER PROPOSED CONTRACT-BISCAYNE RECREATION INC. (DEFERRED TO FEBRUARY 22,1979, 7 P.M.) PROPOSED CONTRACT -NEW WORLD MARINAS INC. (DEFERRED TO FEBRUARY 22, 1979, 7 PM) GROVE KEY MARINA LEASE -AMENDMENT AMEND RESOLUTION 78-759 REGARDING EMPLOYMENT OF LAW FIRM OF SNYDER, YOUNG, STERN, BARRET AND TANNENBAUM-"JOSEPH COOK ET AL". AUTHORIZE CITY MANAGER TO RETAIN SPECIAL CONSULTANT FEASIBILITY STUDY FOR WORLD TRADE CENTER HUNTER MOSS - CHANGE DATES or FEBRUARy CITY COMMISSION MEETINGS PERSONAL APPEARANCE • FRED ROTH Pa§e P6 QpINANCE KEtourriON "4101 R-19-52 Discussion R-19-53 R-79-54 R-79-55 R-79-56 R-79-57 R-79-58 R-79-59 M-79-60 M-79-61 R-79-62 R-79-63 R-79-64 R-79-65 R-79-66 Discussion PAGE NO, 119 161 162 1E2, 1E.3 164 164 185 185 186 186 166-191 192 193 193 193 194 IMI OP ISCULAI MttirtHO OP Tillt CITT.COMMIS01014 CI Mom, PLOR bA aaaeeeea On the ig day of January 5 10705 the City Comfiaaion of Miami, Florida, met at its regular meeting place in the City Zell, BOO Pan American Drive, Miami Plortda in regular session The meeting vas called to order at 9:15 AM,,by Mayor Terre with the folioaing members of the COMniaaieh found to be present; Commissioner Armando t . Laces& Commissioner Robe Gordon Cor iasiotiOr (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummmer, Jr. Mayor Maurice A. Ferre ALSO PR€SRt t UtItt Joseph R. Grassie, City Manager R. 1.. Posmoen, Assistant City Manager George P. Knox, City Attorney Ralph G. Ongie, city Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those 17, present in a pledge of allegience to the flag. 1.CONFIRMING RESOLUTION- INTERIM APPOINTMENT TO GROUPIV CITY COMMISSIONER ARMANDO LACASA Mayor Ferre: Alright, at this time, ladies and gentlemen we will have,.. the swearing in...is that the procedure? guess Mr. Ongie: You should pass the resolution first, Mr. Mayor. Mayor Ferre: Alright. Is there a motion on the resolution? First, we'd better wait until Mrs. Gordon gets in. Will someone let Mrs. Gordon know that we are all here now? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mrs. Gordon: Why didn't you go on without me, you didn't have to give me the honor. I don't need the honor. Mayor Ferre; Alright, we are now back in session. Mr. Plummer if you would, please, Mr. Lacasa. Mr. Plummer... Mr. Plummer: Yes? Mayor Ferre; Can we get you back? Mr. Plummer: Yes. Mayor Ferre: Alright, at this time, there is a resolution appointing. Armando E. Lacasa as a member of the City Commission of the City of Miami, Florida, to fill the vacancy created by the resignation of Manoio Reboso, and to serve until said appointees or successor is elected or qualifies at the up coming election of No- vember of 1979, Is there a motion? Pr. Flummer; I move it, Mr. Mayor, Mayor Ferre; It has been moved, Rev. Gibson; I second the motion, Mayor Ferre; I has been moved by Commissioner Plummer, seconded by Commissioner Gibson, Is there further discussion on the motion? Call the roll,p1esse, 1 JAN 181979 tor The tailtWirg BRIM VBI intraduEed by COStialiBnOt F1uMt, vko adoption. RESOLUTION NO. iW A RESOLUTION APPOINTING 4ANDO E. LACASA AS A M€MER OF THE CITY. 'COMMISSION OP THE CITY OP M AMI, FLORIDA, TO PILL THE VACANCY CREATED 8Y TRt RESICNATICN OP MAf4OLO MOO, AND TO SERVE UNTIL SATh APPOINTEE'S SttCCF= SSOR IS ELECTED AND QUALIFIED AT TdE UPCO- MING ELECTION IN NOVEMBER, I979. Upon being seconded by Commissioner Gibson, the resolution adopted by the following vote: AYES: NOESt None d ite VAS passed and Commissioner Rose Gordon Cociftissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Mayor Ferre: Congratulations. Nov, we'll do the swearing in. Mr. Ongie: Raise your right hand, please,Mr. Lacasa. You Armando Lacasa solemn- ly swear that you will protect and defend the Constitution and the laws of the United States of America and the State of Florida in all respects faithfully dis- card the duties of City Commissioner Group 4 in the City of Miami, bade County, Florida. Mr. Lacasa: I do. Mr. Ongie: Congratulations! Mr. Lacasa: Thanks, so much sir. Maycr Ferre: Armando, congratulations. Billy has a good idea, he said that we ought to have a picture of the whole commission together, the New Commission. Mrs. Gordon: That's not necessary Mayor Ferre: I guess we have always done that in the past, why would we make an exception now. Father Gibson has a picture, I have a picture when the same happened with me. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Commissioner Plummer was just telling me that, this is about the eight or the nine of this, that he has participated in,of course...that kind of ages him and tell you how old he is. Mr. Plummer: I'm going to tell you something,if you really want to see something I want to bring you the picture out of my office, eight and a half years ago when I was sworn in, and compare it with the picture they just took today. I had hair, I had a hell of a waist line... Mrs. Gordon: I sure admit they're wearing you down, J. L. Mayor Ferre: I'll tell you, Plummer, speak for yourself, some Mr. Plummer; In which way? Mayor Ferre: At this time i think it is appropriate of all of us, our new commissioner, congratulate him at this time I will like to turn the microphone over make any comments,and then we get on with the meetin of us have improved. to welcome on behalf and wish _him the very best, to hilt and see if he wants to 9 Mr. Latins; Thank you very much, Mr. Mayor and members of the Commission for the confidence that- last night you put op sae. I comet . yaelf to this charge, gay Tee- Poneihilities as Commissioner of the City of Miamf,in a way that will be a ere,- dit to this Comm,iasion and to the ethnic group from which I come. I want to be very clear that I am not the satin Commissioner of the City in Miami , I aw a 2 Mrs LadASA tdoht'd) i i Y dOMMiSSio er 'of the City of Miami, Who happe is to be Latin, and the way 1 See my respohaibilities here,ia to the Whole City and not to an Spegifie group, needless tb gay that fill be Very aehtitive to Ahythih§ pertain" ing to the LAtih Coth`nuhit.y, hoWeVer 1 Will be as sehaitive toward ahyt ihhq per- taihing the tiadk Cotnuhity and the Ahglo Commuhity, because 1 feel that the res pohsibility that 1 haVe is to provide the type of leadership that Will Cooperate ih the progress on integration of this ttia.ethhic cohmuhity in Which We live. 1 a1SO Waht to take this opportuhity to state here, Very Clearly ih reiatiohi to tertait allegatiohs that have been trade in the past, cOhcerhing My activities While director of ah of✓gahi2atioh called EAttk, which has been funded by the etT A CO sortium that at ho time, I Waht this to be oh the record, at ho time dtiring my admihisttatioh of that program, from Which I do intend to resign to' day, I [didn't use any of that Ceta tithe for my OWh personal benefits., prac- ticing law or otherwise, Since this has been One of the most oOhttovertial elethents of my appointment, and the Mayor, yesterday, had tO make an explanation of this, I want to say here again, for the record, that there was heVer any grouhds for such allegations, although I understand that the question had to be raised by the press, because after all that's their responsibility. I do hope that the press will see it in a favorable way, and that my behavior here will gain their a- pproval of my performance. Mrs. Gordon: Mx, Mayor, I'll like to make a comment. Mayor Ferre: Alright, Mrs, Gordon. Mrs. Gordon: I think that in all fairness, I need to make a comment, while I didn't support you Mr. Lacasa, but I will tell you this, you're here now, and w, have to be a team, and we have benefit of the City to consider, and I would hope that you, more than anything else will prove me Wrong. That in my opinion not voting for you was wrong, I would hope that you will prove that by your actions and your conduct as a commissioner, and I wish you good luck. r. Lacasa: I'll do my very best, Rose, in that respect, and I hope that, not only you but also those who have had questions in regard to my performance in the past will be satisfied with my behavior, and I hope that after all this is over you, will help me in November and that we can together work for a better city. Mrs. Gordon: What is only important is that you will, with the matter that come before us with fairness, with open mindness, and that you will prove everybody who was not for you, they were wrong. Mr. Lacasa: Okay, Rose. 2. PERSONAL APPEARANCE - MAYOR DALE BENNETT, MAYOR OF HIALEAH Mayor Ferre; At this time, I will like to recognize our colleague Dale Bennett from Hialeah, and of course we always extend the courtesies of office to a distinguished, visitor, like the distinguished Mayor of Hialeah, Mr. Maycr is there anything that we can do for you this morning? Mayor Bennett; Thank you, Mayor Ferre, I merely came by to congratulate my old friend Armando Lacasa and to commend the recognition from your sister City Hia- leah to our sister City Miami for the fine job that you're all doing and I think the excellent choice that you made for Commissioner, so congratulations Armando Lacasa, congratulations the Commission of the City of Miami, and congratulations the City of Miami, Thank you very much, .,� P,,# * ix • 3, ICII -t , iOF• Of COLLte AfgeMt Vt to iGM 1t4G AdgtMtgt L itAv 101 AtlAdIo Mayor £ire: Okay) ladies and gehtltMeh We acts hot goifig to start With the teg gular agenda of the ZomMittee of the "Whole, I would begin, oh the reeotd, if 1 mty, is there sofnething that,., Mr. Grassie: dust.,.was going to suggest, Mt, Mayor, before We statt item "A" it has beeri tYadit ohal with the City that any time a labor Cohtraet is COhcluded,,. Mayor Ferre: Mr, Grassie, will you let Me 'cohciuded my 5tatehent? Mr. Grassie: Of Course. Mayor ferret I thahk you. I would, before we begh, with item "A", oh the record Mr, l,aCasa, I'll like t0 recothitiend to you, that you not vote on those items that you are not totally familiar with today, I thihk it would be a dangerous thing for you to get involved or your first day, and I'n just giving you publicly advice as your friend and as an interested party, that doesn't mean, that does hot meat: that if you feel comfortable with the subject, you have to be the judge of that, and I apologize, I don't mean to do this,.. bur you know, you and I can't talk about thihcs pertaining to the agenda of the commission, without violating the Sunshine Law, I normally, would have told you this in private, but now I have no choice but to do it, in this way and I just feel, and of course, Mr. Knox Will give - you legal counsel on this, as on whether or not you have to Vote, but I would... I think we always had the courtesy, I just want it to explaih this to you, in case you didn't know, We on this commission have always had the courtesy to each other that if some commissioner does not feel completely aground in the facts, of whatever the subject is, that he/she is entitled to ask for a deferral to another time. That doesn't always work, but I would say that it works 98% of the time, and I'm sure this commission and certainly I would respect your wishes if you come into something that you feel uncomfortable with. I just wanted to say that on the outside. Mr. Lacasr.: thank you very much, Mr. Mayor for that wise advice, I can assure you that there are some items in the agenda that I'm not familiar with and I do intend to take advantage of your advice, to excuse myself for voting on them or at least to ask for deferral from the commission today, to give me time to study those issues. Mayor Ferre: Mayor Bennett has request ed... Mayor Bennett, why don't you join us? Mayor Bennett has requested as a favor to him, that he will like to have a picture taken with the commission. Of course, we'll be honor, Mayor. Please step forward. Join the City of Miami Commission. You got to go all the way around there. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Now, there are several items that are going to come before the corn - mission out of their sequence, as you have them on your agenda. One case in party cular is... Mr. Kent Hall has to catch an airplane, at noon, and we're going to have to take item 35 out of sequesce, is there anybody else that have that type of time constraint? Anybody else? Now, Mr. Grassie? Mr. Grassie: I was simply going to suggest to the City Commission, Mr. Mayer that traditionaly the City has taken out of order the question of approving a labor con- tract once that is agreed to by the parties. I understand that the employees re- pyou are here and available, and if should choose to do so, you may wish to bring up item #42, which is the ratification of the contract. Mayor Ferre; Alright, we'll take up item U42, Mr, Mielke, and I guess... Are the representatives AFSCME, local 1907 AFL-CIO, present, if you would please, Gen- tlemen? Sherman? Mr, Sherman; Good morning, Mr, Mayor and members of the commission, I'll like to formally give our welcome to the new Commissioner, Mr, Lacasa, and welcome him aboard hope that we have a good rapport and relationship with City Commission and the labor organi.ation of the city employees of the city of Miami, Mr:, Mielke; Mr, mayor I'm here on behalf of the, administration to XWOMMend adop- tion of this contract entered,. tentatively entered into between the City of Miami and Z.00a1 1.907 of American Federation of. State and County Municipal.Fmployees.. r* wAr 4 ea.t-�r.� Mayor Pettei Alai§ht, &f ythitig else? Mr, MMut tier t Steil b there is oh My behalf . , . Mt. herm& t L x x go ahead Mr: Plutttetx Mayor Terre: Mr, PlUMMer? Mr, MlUMMett Mr, Mielke? Mr, Mielke: Yes, 'sir Mr. Plummer: For the record, 1 just want to make sure that 1 understohd correctly, I understand your problems of legalities and terminol0gy, but I also understand 1t'1;: dollars, by dollars meaning city dollars. I Mead of the three-year tbhtract, but yet I understood that it was a four-year settlement. Now, what I'M saying is, that if in fact I read it as a three-year total situation, it comes out at 1%,.. Mrs, Gordon: Comes out to what? Plummer! A percentage, X percentage. If I read that it is a four year settle - tent, then the percentage drops and in fact comes under the new guide lines set forth by the president,, in his efforts to reduce inflation. Now, you take the first guide- line, its above that,,. if you do it as I understand it, it's below it. will you please speak about that? Mr. Mielke: Well, you are correct, Commissioner Plummer, what we're really taking about is the resolvement of all issues, that actually go back to approximately 1G7€ and you'll remember 76,77 fiscal year when there was an organizational,split bet- ween the two organizations then GEA and AFSCME local...654 and because of that you had a year or a year and a half where it bumped on, until a coalition of those organizations. Out of that came Local 1907, was born. The employees in 10-1-76 took a pass, they got nothing, when the other employees, Police and Fire, in fact did receive a raise. If you take the time frame, and put it in perspective, I think what is important here, when you say a four year... I think you have to look at what the other employees, Police and Fire, received during that five year time frame. You go back to Fiscal year of 76, 77 and if you add them up, you're going to come up with approximately 5.1% spread over from 76 up to 61. Air. Plummer: In other words, what you're saying is, that the bottom line of this package equates itself to about a 5.1% increase, on the total package. Mr. Mielke: I think that you also have to recognize another fact, and I think that what you're talking about is putting back those relationships in the pay -plan, in other words that people who were at range 24, for example, received a certain amount of salary, whom ever they were in that particular classification. And what this does,over a graduated period, and in fact, as a matter of fact it odes not cat:b these employees up until 1980. Approximately in 195E they then are into SYNC where they would have been approximately two and a half years ago, had they re- ceived the increase that were deferred, it builds it in over a deferred length. Mrs. Gordon: And the average on that basis, is what? Mr. Plummer: 5.1%. Mr. Mielke: 5.1% Mayor Ferre: Which is under the president... Mrs. Gordon; Is it under? Mayor Terre; Under the president's guide -lines, Mr, Plummer; Which is 7$,, The president in St, Louis, when I was there said he wanted under 7$, Mayor Ferre; He said that to you personally? Mr, p1uMmer ; He said that to me personally, when we were eating peanuts together, Mayor ferret Well, 1 think that you ought to Bail him oh the phohe and tali hip that you'to f011oWih§ his ihatrtetiohs, Mr, P1umm rt 1 kept the faith. Mayor 'erne: you kept the faith, Mr, 8hermant Mr, Mayor till like to-exteht our appreciatioh and gratitude to members of the Cohission and the adtihistratioh for their cOneerh ih showing their humility and eoreern for the general employees, I'll like to say at this tits that we are very happy With the contracts and I hope the CoMMiSsioh is, the administration{ and on behalf of the general employees, we would like to thank Pethbers of the Commission and the administration for the consideration they ha..e shown, Mr, Plummert Mr, Mayor, I moved iteM #42. PEv. Gibson: Second: Mayor Ferret We have a motion on item #42, and there is a second,... Theodore Gibson or Mrs.. Gordon? Is there further discussion on the resolution on item #42? This is Mr, Lacasa, the conclusion of a bargaining procedure in which there is full concurrence between the administration, and the union. This is, I think, a hat.: conclusion after many, many months Of discussion. And now we have a motion, and a second, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EM- PLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES, AFSCME LOCAL 1907, ALF-CIO, FOR THE PERIOD OF JANUARY 18, 1979 THROUGH SEPTEMBER 30, 1981', UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF. Upon being seconded by Commissioner (Rev) Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None ON ROLL CALL; Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner Armando E. Lacasa Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre MX. Lacasa; I vote yes, and I want to say that I am very happy to cast my first ballot in this Commission, on this issue, Mayor Ferre; Alright, congratulations to all of you, for lona and hard won%. ON 01979 Pt AoNA1, APPE kANCE fktb 2C7 'H AktidtEttUkAL Ar o i fa , LTE3 A 'IOf S At4b IMP MMtNtt TO bbekMAtttAg OftfCE At bf f ffik ktY MWt4I,, Mayor Pere t Now, the Mkt thing We have, is Mt, Roth, 1 Prohised well listen to him for five minutes before 9:00 o'oiotk, and of course We didn't start Until 5 15, to We're one hoot late, till rectghite you, Mr, Roth for fiVe Minutes, (bAOitak UN1) COMMBNTS OFF THE PUBL1O RECO tb) Mr. Roth: Good MOrnihg, for the record, my name is Pred koth, I'm the thairmati of the Marina Operations REView CtiOTtittee, the Cititens Abt isory board appointed by the City Manager upoi- the recortiMendation of the City Commission. The Marina Operations Review Coththittee has met with the propose Management tottractees I tiinf is the work, and with the City Manager's office and Mr. John here has donated his time and has drawn the plans. What we have brought to you this morhing, is the proposed renovation to the bocksmaters building. This facility is Very mucho in need to replace the showers building. This facility is very mucho in need to replace the showers and the restrooms facilities, now under City Hall. It would appear that the cost is going to be in the neighborhood tf $100,000 to $125,000, 1 will hasten to point out to you that we already har'c that money in the bank as of September 30, in the improvement fund we have about $152,000, according to the Finance Office. What we are proposing here is that the present of Docksmasters' Office, which is a one story building, should then, be added a second story, and all throught the left and the right of the present building,that the showers, of both men and women, storage facilities, park facilities, workshop, laundry and so forth, be included in. This plan has total agreement as I said, of the Marina Operation Review Committee and the proposed Management contract, this was worked out in many, many meetings and in the subcommittee and we would like you to recommend to the City Manager or direct the City Manager, as you will, to pass this on to the Public Works Department.., Mayor Ferret Thank you very much. I certainly think that, that is... Mrs. Gordon: I think that is a beautiful piece of work, and a tremendous, frankly needed improvement in the area. Mr. Grassie, do we have the money at that convention? Mr. Grassie: Yes, I believe that we have a balance sufficinet in the funds dedicated to improvements, Commissioner, so that we could make the size...construction improvements that they are talking about. I have to point out to you that the staff had not had a chance to review this, Mayor Ferre: Of course, we don't expect you to react to... Mr. Grassie: But my initial reaction is very positive, and I.think that is the smart of improvement that we should be looking at seriously. Mrs. Gordon: I want to move that we proceed... I'm sorry Father Gibson, go ahead. Rev. Gibson: May I ask a question? Mayor Ferre; Let's make it quickly...what we're going to do... REv. Gibson; In this improvement that you spoke about, right after we heard the other people on that contract, Mr, Graasie: No sir, this an addition too. Rev, Gibson: Alright, let me ask you another thing. I hope, and I'm becoming sensitive more and more about spending money, okay, I hope that this plan does not conflict with any other plan, Mr. Roth: Father it does not, we took great pain, to invited in Biecayne Managemet Company into the meetings, they had a set of plans, which call for two buildings they met with our eub-oormittee on construction, Mr, pick Boggley they've worked this all out, This comes to you as a total agreed package, as even if they take it all, is supposed to be dual, .IAN 1$ 1979 kev/ dibtoh: Ate they here? Mt, rtdth3 F'm hot oettaih that they ate: v. dibsoii: The teabOh, t' t saying that, you khow, t: ►, its public life ih this btisihe$s, l'm gett hg vety, very gkapt oai of what f heat, Okay Mayor 'erte: Weil, Father, 1 don't thihk, , , v► dibaoht Ahd t Welt to be 'sure of what 1 1 eah, MY Mahager, here ie What I'm saying) if this plan is hot if] oOhfiiet, 1 waht to hear it, if it is 1 want to hear' that too, Thatla the ohly way i eould ihtel igehtly proeeed, i will accept what you're saying or the aSsuinptioh that,►.. if 1 fihd out afterwards that it iah't, 1'h going to be tip here raising all sorts of hells, Mayor `erre: rather, bhe T Teht, ekcuse to Mr, Roth. We are riot going to do anything final here.,. kEv. Gibson: Alright.,, Mayor Ferre: A11 we are going to do is to pass this on to the Manag er's consideration and he'll brine it back to us. Rev Gibson: I'll buy that, Mr, Roth: Father the minute or minutes of the Marine Operation Review Committee, will reflect Mr. Walker's statement before the committee, and I will see that you get a copy of those minutes, in which he agrees to this plan, Rev. Gibson: Let me say this... Mayor Ferre: Mr. Walker is going to be here tonight, anyway. REv. Gibson: Yes, let me sat' this. I don't have the minutes, :fir. Roth: I'll see that you get them. REv. Gibson: You understand? They are your minutes, if they were our minutes, that woud be a different story, I would be enlightened and intelligent, I'm pre- pared to pass it on to the Manager as you have suggested for review, and come back here for the final vote. Mayer Ferre: That a motion... Mrs. Gordon: I will like to move, as I started to say before, that we proceed to ask the Manager to fully go into the details, architecturaly and financialy, that are involved in dealing with this project, and I also say that is long overdue. And the facilities that have been used, they are antiquated, obsolete, and unsanitary and absolutely incredible that the City would have taken this long to make the proper sanitary facilities to those docks, Mayor Ferre: Is there a second to that motion? Mrs. Gordon: And as far as the money goes, let me simply say, that its our money that is going to be involved, the City's money with the manag ement firm so this is the City's money too, I don't see any conflict anywhere at all. Mayor Ferre: Is there a second to that motion? Mr. Plummer: Surely. Mayor Ferre; There is a second to the motion, 1 understand that there is a Stipulation that the manage' is not to proceed in anything final, without coming back to the Commission, Rev, Gibson; Alright, Mr., Grassi ; So it would be subject to the contract and the contract will have to come back to you? Mayor Ferre; Of course, That's the whole intent of the motion, iirt, Gordon; Well, we ean4t, the Manag er doesn't have authority to proceed with the contract, 8 JAt I$1979 Mr. CratSie: ThAt'•0 correct; Mayor tem; 4urthsrt diseusolani Call the roll The following motion VAS introduced by Commieeioner Cordon, who moved ita adoption. NOTION NO 7904 A MOTION AUTHORIZING ANb DIREGTlNO rgt CITY MANAGER TO EXPLORE THt FINANCIAL ANb ARCHI- TECTURAL bPT►ILS OF rat PROPOSEb MObERNIZATION AND ALTERATIONS TO THE bINNER' ICE! bOCXMASTER' S OFFICE; SUCH ALTERATIONS TO INCLtbE SANITARY FACILITIES ANT) REPORT HIS RECOtNbATIONS TO Tt#E C/TY CoHM/SSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AM: : NOES: None Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Mayor Ferre: I like to recognize the architect that was here,at this time. Mr. Bagdonoe: Mr. John Bagdonoe Mayor Ferre: Will you please,stand?• Mr. Bagdonoe: I donated this time, for you sir. Mayor Ferre: We want to thank you for your interest and donation of your time. Mrs. Gordon: ... I so move it. Mayor Ferre: Alright, there is a motion of recognition of gratitude.. Mr. Bagdonoe: John Bagdonoe. Mayor Ferre: And there is a second by Mr. Plummer. Futher discussion ?'Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO, 79-5 r ... e • Al MOTION OF -.COMMENDATION TO MR, JOHN BAGDONAS, ARCHITECT, FOR HIS PROFESSIONAL EFFORTS REN- DERED AS DESIGNER OF THE PROPOSED ALTERATIONS TO THE DOCRMASTER'S OFFICE, DINNER RET MARINA Upon being seconded by Vice Mayor Plummer, the ;notion Tom passed and adopted by the following vote; ATES; Commiasioner Roae Cordon Commiaaioner (Rev.) Theodore Gibson Commissioner Armando E, Lecasa Vice Mayor J. L. Plummer. Jr. Mayor Maurice A, Yerre NOES: Pone Him Ferro; Thant yvw, vtry much. rrs AtttPI EEb OP "bRS CATI it4aLP. CCRMRR=t it3' f MUM! AVENUE tit. 2 §TAttT 4t6P A EMT CoAtT PAORPRTIRS AUTHOMIN6 bUttbitiO PtAMft ANb AUTf Okl t tneUTION OP CCtiRNANT$ Mayor ferret At this time we're gait§ to piek up iteM 0ttl Mrs Ted Rollo, you have ah item that you wanted to... Mt, Boller My hate is Ted Rollo, 444 Briekell Avenue. Mr. Mayor, honorable members of the CommisSioh I AM ifloat appreciative of you allowing me tO dorhe 'up at this time, They told me We have to keep Piorida Qreen and I'm trying to go to New stork to aiug it out, at the Chase Manhattan bank, this afternoon, din this iteth, we have worked together with the department, to ih feet dedicate a 5ft and 4.i/2 sigh of way of our property to the City of Miami for future proposes, That represents approximately, i0t of OUr property, the entire property is only 1b0ft by 1 S ft and this 'repte- tents 1200 sq ft of our total property. In turn the department would agree, with your permission to allow us above 15 ft high and under the sidewalk to cantilever into that particular area, and we are giving a perpetual covenant in connection With it, Mayor Ferret And I assume Mr. Grassiee that this meets with the approval of the Departmental Administration. Mr. Grassier I t does so, Mr. Mayor, Mrs. Gordon: I move it. Mayor Ferrer are there questions on it? Alright, there is a motion by Mrs, Gordon, Seconded by Father Gibson, Further discussion on item 035? Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MLAMI, FLORIDA, ACCEPTING A DEED OF DEDICATION FROM FLORIDA EAST COAST PROPERTIES, INC, FOR THE WEST FIVE FEET OF LOT11, AND THE SOUTH FIVE FEET OF LOTS 11 AND 12, BLOCK 125N, A.L. KNOWLTON'S MAP OF MLAMI, AS RECORDED IN PLAT BOOK B. AT PAGE 41, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND AUTHORIZING THE PROPER OFFICIALS TO RECORD SAID DEED OF DEDICATION IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;. GRANTING A PERPETUAL EXCLUSIVE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN AND TO THE AIR RIGHTS ABOVE THE DEDICATED PROPERTY BEGINNING AT A HEIGHT OF FIFTEEN FEET ABOVE THE ESTABLISHED STREET ELEVATION TO FLORIDA EAST COAST PROPERTIES, INC., FOR THE PURPOSE OF CONSTRUCTING A PORTION OF AN OFFICE BUILDING THEREIN; AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO ISSUE A BUILDING PERMIT FOR THE AFORESAID BUILDING TO PERMIT CANTILEVER CONSTRUCTION IN SAID EASEMENT AND THE CONSTRUCTION, MAINTENANCE AND SERVICE OF CERTAIN STORAGE AREAS AND TANKS UNDER THE DEDICATED AREA IN ACCORDANCE WITH PLANS AND SPECITICATIONS ON FILE WITH THE BUILDING DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ECUTE A COVENANT TO RUN WITH THE LAND, A COPY OF WHICH IS ATTACHED HERETO AND ' ADE A PART HEREOF, WITH FLORIDA EAST COAST PROPERTIES, INC. FOR TEE CONSTRUCTION, MAINTENANCE, SERVICE AND REMOVAL OF THE AFORESAID STORAGE AREAS AND TANKS, f 1U JAN i a 1979 (66ht'c of retbl ttift) Updh beih 7 sedohded by to issiohef rkevr) Gibsoh, the fetolutit h was Massed and adopted by the foliowing Voter AVt5 t ' Cofti iissioher Rost Gotrd h Cibfffristioher (Rev,) theodote ibsoh COMMissioher Arffrando E. Lacasa Vide Mayor dzLS Ptufnher, f, Mayer Maurice Ai Verre NOES: Nohe Mayor Terre: is there ahy Other it-efn that..SHaVa a 'hood trip to New York, and e6ine back Safely. and bring back sale inohey. Is there ah ibOdy else how, that has a Oahe to catch or Some kited Of time dohstt^aih etergehdy" that Wishes to be heard? that is oh the agehda?_ 6. PROPOSED WORLD TRADE CENTER: FEASIBILITY STUDY .D.A,G, APPLICATION COMMENT, -CHAMBER OF COMMERCE CONRAD REPORT ON OUT -PARCELS Mayor Ferre: Alright, we are now on item ="A" the discussion of the World Trade Center, Parking structure, and 1,2,3, six related items, Mr, Connolly ? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr, Connolly: Mr. Mayor and Members of the Commission, at the last Regular Meeting of the Commission, the subject of the World Trade Center, and the development plan feasibility study was brought up before the Commission. There are several directions given to the City staff by the Commission to come back and report to you. The first one was, that, in that motion is recommended at the City Staff do an analysis of the subject report and it should have been back to the Commission, that was done last friday. If you have any questions on that, I'll be glad to review them, with any of the members of the Commission. The other: the second part of that was that it was felt that it might be worth while have a separate, independent analysis made and report by an outside consultant. We have discussed this with several people and recommended to the Commission, Mr. Hunter Moss, formerly of Miami and now of Boca Raton. And also Peat, Marwick and Mitchell who have done this type of Real State analysis, prior to this. In discussing this with the Commission, there is one other matter, how much will this cost, the cost will not excede $6,000, I verified that, Mayor Ferre: What did you say? Six thousand dollars? Well, that point number one, do you want to discussed that, you want to discussed that? ► x. Connolly" 1.' 11 discuss that. Mayor Ferre: I think is important to put into the record, at this point that a January eighteenth letter from the Greater Miami Chamber of Commerce, ar I saw Lester here a moment ago. Lester would you stand up, to se if there might be any questions from the... why don't you come to the microphone. And just for everybody in the audience, who might be interested, its a short letter I will read, "Dear Mayor and Commissioners is time to restate the position of the Greater, Miami Chamber of Commerce and the so-called "Phase B" of the City of Miami James L, Knight Conference Center. This will involve the possible construction of a World. Trade Center utilizing air rights over a planned parking facility adjacent to "Phase A" which is currently under construction. Based upon the preliminary development plan, it seems evident that the aforementioned annex to the Convention Center site is ideally suited for such a World. Trade Center, The Chamber of Commerce firmly supports the Concept of a World Trade Center, which can be a substantial, valuable and prestigous.adjuct to Miami's one -going New World Center, At this point, we' have not directly concerned ourselves with specific terms of the economic relationships between the City and thedeveloper,,We look to the City of Miami to. consumate a World Trade Center project through vigorous negotiations which will assure the greatest economic benefits to the City, its taxpayers and other interests. in the area, Anything less world negate the positive potential of this project, Since ti.Tne is a vital factor, we urge the City t0.move expeditiously in this direction," Now, bester, as 1 understand it the Crux Of what you"r'e saying is:, you agree with the concept, you think we ought 11 JAN 1$1979 Mayor tette (doht'd):,, to 15toeeed very cuick.y) you ate c$heethed about the deal itself and '.you resetVe your rights to dothAtht oil that f ifthef) ih the future, Mr, F'tetheht We Would ahkibus to eee these additiohai studies that we ate ta1kihq about# here today, Mayor Petrel bo you think that the it Administratioh and the City CMOMMissioh did a fairly good job with the CohVehtioh Cohf'erehce Cehter? Mr, F'reetan: Yes, Mayor tette Would it be safe t0 assure that the same people might be under the leadership of Jim Cohholly and the Mahager, also the same people that did the other deal might be able to cote up With another good deal. Mr. 1'remah: 1 thihk so, i think that's why we`re still here, Mayor Ferre: Okay, thank you, f just Wanted to get you on the tecord oh this, ($ACkGROLND COMMENT OFF THE PUHLIC RECORD) Mayor Ferre: Now, The question now is the Administration is advisinc us to spend $6,000 to oet one more objective opinion, it's that what is called? Mr, Grassier Yes, this really responds to the concern of the City Coinrnission Of a legitimate concern, I think, and we would need to make that additional expenditure to give us the kind of certainty, with regards to figures prericusly presented to you, I think it is a worth while expenditure. Mayor Ferrer That's $6,000. What is the will of this Commission? Mrs. Gordon: I want to ask a question? Mayor Ferre: Mrs. Gordon. Mrs. Gordon: Why were this particular, persons or firms selected? And what other firms were considered? f.. Mr. Connolly: We talked to several people who were in the economics consulting business. We were looking particularly for people who had done financial analysis in the Realestate Market. Mrs. Gordon: Who else did you consult with, who else were you looking at. 1 want to know your list ofconsultant firms, that you spoke to. Mr. Connolly: I don't have the list, here with me. Mrs. Gordon; Well, I would suggest that you furnish us with it, before we make any further decisions. Mayor Ferre: Don't you have that list in your office? Mr. Connolly: No, sir. That was done on the telephone. Mayor Ferre: Who did this? Mr, Connolly; 1 did. Mayor Ferre; You did, And you don't have a list anywhere of who you talked to? Mr. Connolly; Well, I can go thru my notes. Yes, but I didn't write letters and formally get responses, Mrs, Gordon; Isn't it customary to have, more or Several contacts, when something of this nature is bung considered, Isn't that the proper way to Gdo it? Mr, Connolly; ¥Qu are not really talking about, creating a feasibility study? we'Ve ask for somebody to,,, Mrs, Gordon; You're not asking for rubber stamps, are you? Mr. Connolly; No., certainly not, 12 rt h $ 19 Mft. GOkdOhl then you eettaihly WOUd b Willin§ to haVe any:, and the tonaUltents involved, wouldn't yoJI Mrt tonnolly" Of COUrbe4 Mt t4 GOrdOnt And you would tertainly keep A reCOrd Of who else you Were asking for, WOUldn't yOU/ Mt, 65r:holly: Yes, Mks. GOtdoht And you have hot. Mayor k'erret Mr. Connolly... Mr. Connollyt No, 1... Mrs. Gordon: And i Want to suggest to this Commission d nIt do anything until that is furnished. Mayor Verret That is just another stall and now go get your records and lets cot( ahead on this thing today, Plus, let me ask you a simple question, who are the peOtle yOu're recommending now? Mr. Connolly: I at recommending Hunter Moss, of Moss in Boca RatOn, and FetE, Marwick & Mitchell, particularly Robert Lehman of the New York office is special consultant on Realestate analysis. Mrs. Gordon: And you have not met any other firms it that capacity? Mayor Ferrel He didn't say that. Mrs. Gordon: Well, he hasn't... Mayor Ferrel Don't be putting words on his mouth. Mr. Connollv: I spoke to other firms, to see if they had, particular expertize in that field, and most of them, really don't specialize in that area. Mrs. Gordon: Connolly, I would suggest respectfully, that you furnish us with the ones that ycu say, you have contacted. Mayor Ferrel I wouldn't... Mrs. Gordon: He said he contacted them. I'm sure didn't say that for convenience. Mayor Ferre: I would, and I'm going to move in a moment, that we proceed with c:ne of the two. I could care 'less who you chosse. Because first, that's why I wanted Lester Freeman, did he leave? That's why I wanted Lester Freman, before we could get up and say, put this on the record, because this says, "since time is a vital factor, we urge the City to move expeditiously in this direction" Now, it is my opinion..-. Mrs. Gordon: Lester, where is Lester. Mayor Ferrel He just walked Out. Mrs. Gordon: 1 think Lester ought to come in while we are talking about him. Mayor Ferre; Is my opinion Mrs. Gordon that you are against this project, and that you will do everything to stall it, and eventually to kill it. Now, that is my personal opinion, Ms, Gordon; Alright,„ Mayor Terre; That doesn't mean,„ Mra, Gordon; YOUare entitled to yoirs and T'm entitled to mine, Mayor Ferre; Therefore,4 underetand,,,I don't blame you, that'e fair, that's fair play for you tt) try VP stall And stop this program, but I don't think that, thAt'a A fair position upon thg rest of this Commieeion, that this Cpion does not havethos same UP-glirqP1 Now, Mr,. Freeman, immediately after you walked 914t Pf the Stalemate, 1,3 ijAil 1$ 1979 Mayor Ferret i66ht'd1 . ►. ,; __......w orse 6f the key things iit your letter: That's why i asked you to §et up. Mr. treettaht That's Mt. Wolf' s letter is really ish't my, i shouldn't,,. Mayor Verret Wolf. for the New World Center, Chamber of Coifterce, "Sihce tithe is A vital factor, we urge the City to MoVe ekpeditiously in this Cifectioh Mrs. Gordon: Lester, what is the.,, Mayor pette: The first thing that we have before usis proceeding with a third objective report, two people that the Mahag et recommended to us, Hunter Most and Pete Marwick & Mitchell, how is it, i.n your opinion, ithportant for us, accordahg to this letter, to get bh with this project.? Mr. freeman: Well, of course, I think indecision is the most costly thing we have in all this kinds of projects, but there was a very late sense of urgency put on this project, the feasibility came out, I think about six weeks ago, there certain ly no urgency in getting that done, it took over a year, I think to do it, now that is out, and we are to the decision making process, indecision, really is very costly. I think we are prepared to proceed, but we do, as we said it the letter, reserve the right, and I'm sure Commissioner Gordon, does too, to see some additional information on this project: We just didn't have time, using volunteers to as thorough a job, as we normally woud have done. Mrs. Gordon: Isn't true, that the urgency apparently is one that been circulated about funds that may be lost, and so and so forth, that you were told that, and that's why you're basing that urgency upon, and with that being your reasons for your letter's tone? Correct? Mr. Freeman: The expediancy that we were rush into being here today, with a decision.. 14 JAN a f 1979 Mr, Lester treefan (ooht'd) We were rushed into beih4 heft- tiday with a decisi6h e Would 'have preferred to have given you a ti tidh more stiedi id atistvefr thatle a tether Oet etal AhgwerJ wte jiiet simple dirt have tire, We would be de .i4hted to have Hunter Moee Ahd Peat, MatWidk & Mitehell to review and they +e oo i tt t€ttieW the f eVie i acid ejet dowtti hete ih a hurry, tut l thifik it is tail' to say that how that we are to this tOitt, We would like to see it ptoceed, Mtsti Oordbtit Of the tWo fiats then, Mt, Mayor, I would suggest that we ui e Hunter Miss slid so I move it, Mayor fettet All right, Mrs, Gordon tnvoes that the firm of Hunter Moss be ieleoted, Is there a setondfi Rev. Gibsoft seeond, Mayot 'etre: Second by Rather Gibson, .,under discussion I Would like to state and 1 really don't toast to start off you know, early in the morning fighting and all that stuff but I want to etpress,,the reason that we are in a hurry is because there is a deadline for us to make the application to UDAG,,.? Mr, Grassiet That's correct, Mr, Mayor, Mayor Ferret NOw, I Want to make a statement on the record. It is my opinion after being in Washington twice on this and having spent time studying this personally, that the City of Miami will be able if we do it right and quickly and intelligently,to get from $4 trillion to $5 tnillion,..is that the correct figure?... Mr. Conolly: Yes, sir, Mayor Ferre: ...from the U.S. Government -UDAG- to put up a garage provided we have all our ducks in a row and have our things in order, and that's why time is of the essence. Mr, Conolly: And may I say something, the UDAG money will not be for a garage they will not put money into a garage structure, its for the other things in the building that make the World Trade Center happen Mr. Plummer: Well, let me ask a point here. You know, Mr. Conolly, and it's no big secret that I have some great reservations about this project, okay? Mr. Conolly: Yes. Mr. Plummer: ..and I have gone along to this point because I think, to this point, all of this input has been helpful to give me information that I need to make the final decision. Now, the question, all right?. Now, the question that I have to ask at this time,is in any way the application of this grant exclusively to a World Trade Center building,or is it to do the work that has to be done so that this City if it would want and will,lease out air space above that building? In other words, what I'm saying is very simply if I can put it is that by getting this grant does not in any way tie this City to the World Trade Center. Mr. Conolly: Well, the grant application is very specific. You have to have the principals involved in the private sector, the program at their facility, the financing of..the equity and the long-term financing security for that particular project. Mayor Ferre; Mr. Plummer, I'd like to say, that this a chicken -egg situation, J.L,, the problem is that we have a UDAG deadline. What is the deadline? Mr, Conolly; January 31. Mayor Ferre; All right, If we don't have our application in by January 31 we are dead. Now, we can always beyond January 31, if it's the will of this Cowmission not to go forward with a World Trade Center because we con't come to a successful conclusion, we can always fall back and tell. the VPAG people that we don't want the money and we can't Use it or what have you, they'll tell us, put what we cannot do is shall this thing beyond January 31'becauseat that point we lose the opportunity of setting that UDAG money, and then there is no coma.ns back, and that, -by itself, will then either Will or delay the protect, All I'm saying is, for Goodness' sakes, let's go that for. let's make our application we certai:nly,,,and come back and..,, the odds are sgainst us getting it anyway, 1 dean, at best they are 5Q/5Q,, JAN I$1979 Mt, Plummer; Weil) at lang At we trnderatartd, of 1 understand, that the decig on which i wake today does hat bind my final detieian as to the World Trade fait and that we cap► withdraw if in fact it is Ea a go item) thAt it What 1 want on the record, Mr, Craeeiet Could 1 answer your question a little More fu.iy Mr, Plummer: Certainly, Mr. Craesie: UbAG applications are subject to a specific proposals► Whether you get Ut AG honey depends oh whether or trot the private eeotor has omitted itself to make a Much larger lnvestthent than the federal government has. Now, do get the private sector to take that dbMffiittehtlyOU obviously have to have a specific projects The specific project that we happen to have to blind is the World Trade Center► It could be a different project but theone that We hav e not` or which these studies have been done is the Word Trade Center, What I'tn saying is that the UDAG grant that we would get -if we get one= Would be for this specific project that is not to Say that if we went through the whole feasibility study and found a developer that was interested in doing something else, that we could not apply for something else, but this is the only one that is available to us now. Mr, Plummer: I understand you, I just hope you understand me, Mr, Grassie: Perfectly. Mrs. Gordon: Ditto. I want to say too that, you know, we got involved in this thing originally on the basis of well, I'm just going to help out with a feasibi- lity study and now we are finding we are going to have to move another step closer to what I don't particularly think is in the best interest of the City of Miami in another pretense, that we have to do something and this is not a step we can back out of. Once we take those steps we don't get backed out, we get pushed further forward whether we like it or not, the door behind us is closed. Mayor Ferre: I don't think so far, that I'm aware of, that we've made any mis- takes in any major projects. Mrs, Gordon: Well, we are not talking of other projects and we don't need to bring them into this conversation either. I believe this is a unique type of a project which in itself is questionable Mr. Conolly: I'd just like to point out that the City Commission has made a commitment to the developer and the University and of course to themselves to produce on that site. Mrs. Gordon: Garage, yes. Mr. Conolly: All right, now, this report was done by a consultant out of the Off -Street Parking Authority points out if you eliminate separate financing, that a building of approximately $10 million is required on that site to provide the amenities required for an air right, to provide a pedestrian walk and linking into the Convention Center. Now, what we are saying is with the UDAG grant, $5 million of that $10 million can come from the Federal Government and is virtually free money and all the City has to do is build parking spaces. The People Mover Station, t1-.c Promenade Mall; the link with the Convention Center and the structure that makes World Trade Center work are UDAG moneys., Mayor Ferrre; All right, we have a motion and asecond to move forward with re- gards to the feasibility study but not going beyond that. Is there further discussion on that? Call the roll, please, THF;REUPON the foregoing motion moved by Commissioner Plummer and seconded by Commissioner Gordon was passed and adopted by the following vote: AYES; Commissioner Rose Gordon Commissioner Armando E, Laeasa Commissioner (Rev..) T. R, Gibson Vice Mayor J, L, Mummer, Jr. Mayor Maurice A. Ferre NOES; None Absent; None OFF LA 'FR RESOLVTION 79-64) ON ROLL CALF-; Mrs Plummer; ''ii vote yes. My only hesitation is that I'd have preferred a 16 JAN i$1979 i iAfti fist if both t'eft *Audi f would have preferred the Miami firm but i hate hO serious hattgup. Mayor Ferre: All right, what is next, Mr, Connolly: All right, the text thing that ohe of the points broueht uh i + tip +iiot et was askiftg u5 to point out where the cotisuitattt for the Off..Street Parking Authority and the World Trade tenter had recommended the taking of the ttto out _parcels. We have aft attathtietit which has the pages extracted from the Conrad Report and the underlining of the recommendations, The first One is a cOVer letter. Of the Conrad Report it sayt, ,the underlining of the section says - we believe it it desirable to purchase the initial parcel of land to make the study. Mayor Ferre: that page are you on? Mr. Grassie: If you look, Mr. Mayor, and Members of the City Commission, anc this is principally in response to a question asked by Cotiimissioter Gibson.,. Mr. Connolly: A-2, Mr. Grassier Attachment A-2 if look back to about..to a fourth page of that which is page 75 because it came out of the Report, you will see material under- lined in a paragraph 2 there, page 75, do you want to read that Jim? Mr. Connolly: Page 75 says: "It is recommended that the additional parcel of land be acquired by the City of Miami for use as parr of this oroiect. This ad- ditional land is necessary to construct a parking garage of the size required to properly serve the convention center complex. Also, as determined by Ferendino, Grafton... Mr. Grassie: I think that it's important to stop right there, Mr. Mayor and members of the City Commission because what the consultant is saying is that you need to acquire the property to build a parking lot to serve the Convention Center, and that's our principal concern.. Mr. Plummer: Yes, but you see, you don't say that, Joe, and that's where I have a problem. You say here you are buying this as preliminary development plan for Miami World Trade Center prepared by Secofi and Sefrius -excuse my French pronun- ciation, and that's not true, at this point. Mayor Ferre: Well, I think what he is pointing out is that the second page, which is Conrad Associate's, you know, they say in the second paragraph -that we believe it is desirable to purchase the additional parcel of land to make the site nearly square and then they talk about a garage period. They are not talking about any- thing else. So I guess what Conrad is saying is.. Mr. Plummer: Yes, but Maurice, the problem around here is that the Administration is trying to tell us something and I'm sitting here trying to tell them something else. Mayor Ferre: Well, what do you want to do. Mrs. Gordon: I don't think we need to move on buying the extra property, certainly not now: Mayor Ferre: I disagree. Mr. Grassie: I'm sorry, Commissioner, the City Commission at its last meeting aid move with regards to the acquisition of property and Commissioner Gibson asked us to come back to you with the parts of the Report which spoke to the action of the City Commission and what we are doing here is trying to comply with that request on Commissioner's Gibson part, to bring you that material which specifically says that the acquisition of a parcel is of importance to the City, Mayor Ferre: Are you reporting back? Mr. Grassie; Yes, we are simply reporting back, we are asking any action of you at this point, Mayor Ferre; Wive already taken the action, ie that correct? JAN .d 1979 Mr, 6rassiat That it torten, yes air, Mr, Plum ert We've tak rk the action, We said to the Adtiinisttatift to start sore kind of meaningful hegotiatioa with the :Mors. Hopefully it could be negotiated rather than going through the pfoteediiigs of condemnation. NOW, it Will be up to this toMmission if negotiation is hot suteessful to hake another decision as to whether We With to go through eandethhatio,, it the Way 1 would understand it. Mr, trassie: Ue would bring each,ohe of those steps, COfiMiss3.'onet. Mr, Plummer: Sure, every step a .ottg the way. Mr, Cotiitolly. , In regards to that, the propertyManager, myself met With Pad` &itler in regards to the atquisitioh of this property, We told him bas Cali using the City's legal guidelines what we could offer in lieu of condemnation which Was $315000. There are some points in negotiation which may be settled. He said that he understands the City's position and if his attorney advises hit, that it would be a good thing for him to do he would reserve the tight for him to dedicate the building to Dade Heritage Trust for tax reasons. We found nothing wrong t'ith that and we have not heard from his attorney as yet but we are avaitirg that action. We have not been able to contact directly a gentleman Who owns the other building but we are meeting with him next week, there isn't any real problem on that property. Mr, Plummer: Now where is the money coming froth? Mr. Connolly: The money would come from a UDAG grant. Mayor Ferre: Now, if we don't have the UDAG grant then we have a problem. Mr. Connolly: Yes, sir. Mayor Ferre: Not only for the Trade Center which in my opinion wouldn't have muchof a chance beyond that, but for the garage itself and then we will have to start on that one, but that's not.., you know, let's just cross bridges when we get to them. Mr. Plummer: So there is no action needed, this is just a report. Mr. Connolly: No, sir, we are just responding on what was asked by the Commissioner. Mayor Ferre: Alright, proceed, go ahead. Mrs. Gordon: Correct me if I'm wrong, but the garage could be built without a air right structure... Mayor Ferre: Right. Mrs. Gordon: .. and funded with revenue bonds, couldn't it? Mayor Ferre: Probably not according to Mitchell Wolfson and Conrad Associates. Mrs, Gordon: By the City outside the ground would be the Off —Street Parking Authority, if they cannot through their bonding process, bond any additional structures. Mr. Connolly: They are not in thew they don't have any funding ability right now, Mrs, Gordon; They don't, but the City can.,, Mr, Connolly: That's correct, Mrs, Gordon: ,,. construct it and can construct it with revenue bonding and can then turn it over to them for management without the World'Trade Center or any other air right structure, if the City so desires, Connolly_; Right on, Except that the City has already :mane a commitment to the developer as year, that he had first rights of refusal to develop air rights on top of the garage, Mrs, Gcrd9n; For a hotel, that was whet we had discussed with him, that's what his proposition was for accepting the..... :..,,...., gi 18 Mt, Connolly: In the speeifioa At the very end 41e took a year ago 'n iegoEiations, it was sat apeeified for a hotel, iE was "for Air rights deveioptflett, Mrs, Gordon. it was originally? Mr. Connolly; No, the request for proposal... lira: Gordon: Is Mr. Wareham here? Would you like to speak to it yourself? At what point ii time Were you brought into the World Trade tenter Concept and ist,'t it true that you have intended an Air rights development there that was not a World Trade Center Concept? Mr, Warshaw: ;Now, for the record Mrs. Cordon, I'm Kati Worsham, Of course. tirs. Gordon, no. The initial plans that I saw for the entire cottplex which included Phase A on which we are building the Convention Center and the Myatt regency and Phase t that was contemplated a garage and a structure otl top of that garage indicating a two hundred fifty roots hotel On phase A and a... I think a larger hotel on the Phase t site. This was the original Concept that I looked at. I determined that it would be best economically for us, if we built a six hundred room hotel.., five to six hundred roots hotel on the Phase A site and reserve the air rights above the parking garage for a structure that would be satisfactory to the City Commission and to the City, that the City could earn funds from, not specifying necessarily that it was, a hotel or another type of facility Very early in our discussions and thought processes and financing and putting together the Hyatt Regency and the Phase A site. The possibility of a World Trade Center came clearly to my attention from the Sefrius group in New York which is the French firm. And I felt as though that, that was a potential, very excellent use for the site if it could be structured to the City Commission's satisfaction and if the economic characteristics make sense both to us and to the City. And so, consequently I have been supporting of and a participant with Setrius in discussing the possibilities and planning of a World Trade Center... Mrs. Gordon: Yes, I know. I know how it came about, I know what happened prior to your being brought in. You were brought in because it was brought to the attention of those persons who were negotiating for a World Trade Center and that you had, what amounted to a first refusal on the air rights. Is that correct? Mr. Worsham: Yes, Ma'am. Mrs. Gordon: And consequently, they could not push you out ofthepicture and they will move on in to say "ok, I will have to take this because I can't get anything else". Ok, I will set the records straight. Mayor Ferre: Alright? Rev. Gibson: That's it, isn't it? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Alright, is there anything else? In other words, the point on the record simply is, that by contractual arrangements Mr Worsham and his associates have a right of first refusal of anything that we do over that particular piece of property and air rights over the garage. That is we are... Now, that doesn't mean that we can't construct a garage as I understand it,... Mrs. Gordon: That's right. Mayor Ferre: ... but if we do anything over it, then I think we are precluded until you have the right of first refusal. Is that statement right? - Mr. Grassie: Practically, that is true Mr. Mayor, They do have the right to express themselves with regard to any development, Now, we can simply make it so difficult for them that they will not want to exercise any option they have. Mayor Ferre; Which is exactly what I'm worried about, other than what's going PP around here, Mr, Worsham; Mrs. Gordon, I would like to respond somewhat tp your setting the record correct, It's not necessarily that there is not another alternative and'that'ss the only reason that I accepted the World Trade Center CQnt:ept, but really that. I really feel that the World Trade Center Concept is very compatible with the international flavor of the Mimi Center and I feel that the contracts 19 JAB 3 1979 with the „ , for ao a of these, that it does offers a Compatible development that will enhance the 'City of Miami'g ihtetnational image throughout the world and that's o:te of the "reasons that t have said that 1 will be pleased to participate in that project. Now, the speeifits to the City that is if the City can get five million dolts to help with the development of the parking garage and if the City tan sell those it rights for dollar§ and tents to the City, it mould seeit to The that it would take a good project for the City as well, but there again, that's your detitian. tut I'ti very much afraid that,,, Mayor Verne: And isn't that arattly what the Chamber of GofiMerte has gone on reeord itt telling us, And I disagree that, that is a tebulbus letter, that letter is very specific. It says "in principle, toe agreed t.ith this project", Mt, Plumber: Mr, Mayor, l'm sorry to bring up the sore point, but let the remind you, Sir, that as far as I'm oonterh and in ho disrespect to Mr, rreidman, I will show you my Comments at the bottom of this letter. This letter says nothing, Mrs, Gordon: He doesn't saV done.. Mayor Ferret Based Oh the preliminary development (INAUDI$LF) is ideally suited for such a World Trade Center, Mr, Plummer: That's right, Mayor Ferre: The Chamber firmly supports the concepts of the World Trade Center, that's what I'm talking about. Mr. Plummer: That's correct and they say that in their last letter. Now, what they have failed to say in this letter is very simple, that it be publicly, not a dime and it be private money and that's from this letter, Now, let me tell you something, there ain't no credit or no failure to be found in this letter from their standing. Mrs. Gordon: We can't blame them if it goes bust, not from this letter. Mr. Plummer: All I'm saying is that, you know, it's nice to the Chamber if everything goes right, that's fine, but if everything goes wrong, I want to know where they are. Now, Mr. Mayor, I have no problem with procedure, it's very, very important and it's very nice of Mr. Worsham having first right of refusal of A and B and I look at it as A and B,in possibly joining with these people. But that B is secondary to the City's obligation. Because he has the first right of refusal is fine, but just because he went in a joint ventureship is B and a separate, separate situation. Mayor Ferre: You see, here is where I think we are, so we understand. I'm obviously an advocate for this project and I think it's a very good project and I want to proceed with it. I believe in it, in it's financial feasibility and that it would be... just like I believed in the previous one that we did across the street. Now, as I perceive it Mrs. Gordon has some philosophical differences with the Councilman which we have respected. Mrs. Gordon:. No, I do not. I have no philosophical differences with a concept of a World Trade Center. I just don't believe the City should be in that business. Mayor Ferre: You don't think the City should be involved with it and the private sector should be completely, that what I mean, is a philosophical difference. Mrs, Gordon: Just like the Coliseum is being developed on another site and the private enterprise is involved in doing it and that's right. I encourage that. I think that's the most moderate thing about it. Mayor Ferre: It is a failure, It will be a failure, It is. , and you will know by tomorrow that the thing is absolutely on ground zero, so that's another subject. But the point that I want to get back to on this is, that just like the Convention Conference Center, in my opinion there is no way this thing can get off the ground without our being involved in it. Now, that is the philosophical difference that we have, As I perceive it, Mr, Plummer and please correct me because I want to understand the situation here, You don't have that philosophical difference, what you have is a concern about the dollars and cents and whether or not this is going to make any sense or whether or not it is going to be embarrassing lot the Clay of Miami, Now, that Is up to these people to prove that it is not the Chamber has gotstonbe put onhrecs ordfandithey've gotand I gtoecotetsooner forward Prlater say 20 JAB,J3179 "ibok, we've Itioked at the negatiated deg) We think it's a bad deal of We think it'a a goad deal". New, 1 aubtiit to you that We ate jUat making the progtesa in that direction that we ate Rat going to get because the City Administration is t►ot fihali2it g anything, we daa't have the iiiiAO application fihalited, we don't have this in final form and it isn't before us at thin 'point. Mrs Plummer! A quid( queatibh, Mr. Cohtibiiy,.,. Mts, Oordo:t: 1 lave your analysis Maurice, hob." you take out wotds acid put then ih out Mouth, that's just gorgeous. Mr, Plummer: Mr, Connolly,,,, Mrs. Gordon: 1'tn not interested ih the dollars and cents, that's what you said. I'ai interested only ih the philosophy of it or the philosophical difference, that's ridiculous Maurice, it's ridiculous, Mayor Ferret You ate against the parking garage, you are against the project period and that's why I perceive it. So, why, you know,... you refuse to see these people, they have been here waiting for you for two months. They have been calling trying to make appointments and you haven't even seen their. Mrs. Gordon: Weil, I have read their reports, I am very familar with everything that's in front... I don't need any pressure. I don't need any pressure. Mayor Ferret You don't need to see them, , you don't need to answer questions, ask questions and have answers? Mrs. Gordon: I have had all the answers and all the questions answered, Mayor Ferret Of course, don't bother me with the facts, I have already made up my mind on it. Mrs. Gordon: Oh, come on Maurice, you are going to have a beautiful day to day. Mayor Terre: You bet you. Mr. Plummer: Are you two love birds finished? Mayor Perre: Go ahead, Mr. Plummer. Mr. Plummer: Mr. Connolly, I'm disturbed here, sir. In this document that's titled A-4. At what time sir, did the proposal with the University of Miami change from a commitment in a parking garage of 250 to 300. Mr. Connolly: It was always agreed for 300. Mr. Plummer: No, sir. No, sir. Mr. Connolly: In the document it says that they need on a permanent basis thirty spots for their staff... Mr. Plummer: Yes, sir. Mr. Connolly: ... and on demand would normally require up to three hundred. Mr. Plummer: No, sir. Mr. Connolly: Well, I don't have a document here, but that's what they... Mr. Plummer: Ok, I will go get my document, And in conversation with you for the last two days, I have used the terminology 250 and 500 and you have not corrected me. If you will recall, Mr. Connolly; Yes, sir. Mr, Plummer; So, I want to know at what point did this change and you and 1 will go into further discussion on that, Mr, Connolly; Alright. Mr.. Plummer.; Once again, I want to reiterate on the record, Mr, Connolly. if you will recap., when we signed the document for the Conference/Convention Center, my concern at the time was that we wereaaking a guarantee of parking spaces, And 1 expressed to you at that time a concern that the ;ponies for the garage 21 Watt in quee'tiati and that you gave Be the assurances that rhea- fee sik thi • usafd parking spades in the DMMediatt vicinity wliioh would alleviate any Dt blems, T§ that tottaot, sift Mt. Connaiy Yea, sir. Mt. piUMMet: Alright, t juat want that oh the teoord, Tank you. Mayor Petite! Ai.right,... Mte. &ohdot: Thank you, for bringing that out and putting it on the record. That's an important factor of this whole thing, Mayor ferret is there anything else you want to brim to out attention how. Mr. Connolly: One Of the questions that was brought up a the last meeting by Commissioner Gordon was, a list of other World Trade Centers and ghat the participation In the public and private sector were. And there is another... (ACkG tOtTh D COH itNT C Tilt FU L1C itaCORb) Mr. Connolly: On k-1 in the covet tnetno you will see that of the twenty World Trade Centers that were given to us by the World Trade Center Association in New York, seven were totally publicly owned, four were straight, public and private joint ventures and nine were privately developed with four of these having some public participation and if you, will go through the list you will see what that participation was. The... Manor Ferre: In other words, out of the twenty, fifteen have some sort of public participation. Mr. Connolly: That is correct. Mayor Ferre: Whether complete which is seven, partial which is four or some involvement which is five. Mr. Connolly: Yes. Mayor Ferre: So, therefore the pattern around the Country and the World is that these things for the most part have public involvement in them. Mr. Connolly: 'Yes. Mr. Plummer: And Mr. Manager at the time when this comes back for further discussion, I think it is only right to clear the air if nothing more than in my mind. I would like the writers of two letters from the Chamber to come and explain to me and hopefully to this Commission, why the Chamber has taken a hundred eighty degree stance from their original stance. They have placed tremendous emphasis in their first letter to this Commission, that under no circumstances should this be a public involvement. And now according to this, if you can read between the lines, they have done a 180 and I would personally like to know.what motivated them to do this hundred eighty degree turn because somewhere between the two letters I'm losing a hundred seventy-nine degrees. Mrs. Gordon: I will tell you where those degrees are coming from. In my conversation with Lester Freeman, the degree of turn about was motivated by the UDAG proposition being one that was so important to the project. Five million bucks have been thrown out as being a figure that could be relied upon and this is the fact that turned the Chamber into this letter which is still a nebulous letter, Mr. Connolly; I wouldlike to make a correction there, please. The letter that J. L. Plummer is referring to is dated October 26, 1977 and was written by Lester Freeman without any concurrence from the Chamber of Commerce, the New World Center Action Committee or any sub -committees had a part of that, Another letter was sent to the Commission at the next meeting which was November 10, 1977 and if you want, I will read you that letter, Mayor Ferre; Yes, would you, into the record? Mr, Connolly; It says here; Pear Mayor and Commissioners; Recent events have prompted to restate the position of the New World Center Action Committee of the Greater Miami chamber of Commerce in regard tp the City of Miami,r►ames L, gl 22 JA.N,fg9 knight trite -meting Conference Canter and the "Paul" proposal for a Wald Trade Center as part of the tad cottipiex, dare€arei our red6fflffiendati6fit to you and to your colleagues are as followst Cfte, that a 146t1d Trade Center is in the best interest of the City of Miami because of the econotlic advantages to industry and employien which will be encouraged by such a development it the expansion of foreign Trade, T'wo, that the Convention Center Site is ideally suited as the location of the World Trade Center with maximum utili2ation of the area through eir tights developnettt over a planned parking facility, Three, therefore, that the City of iiatti support the intended feasibility study proposed by tetitioning developers with a contribution of ten thousand dollars towards the total cost of the study, provided however, A, that the City will be a Cog,clieht of the study Consulting group, ani, that the City's contribution will Only tote due when there is evidence of a contribution Of an additional twenty thousand dollars of funds from other sources essential to a total of thirty thousand dollars required by the petitioning developers to initiate the feasibility studys, end C, that a tifiie table for completion of the study will have been agreed to and cottitted,and D, that the City of Miami, for it's contribution of ten thousand dollars will receive a copy of the study for it's own uncomtitted use.and E, that the City will retain it's copy of the study without obligation to the petitioning developer even if subsequently another developer will have been selected for the World Trade Center". Mr, Plummer: Mr. Connolly, that letter has no bearing whatsoever on the first letter, sir. Nonet Mayor Ferrel The first letter was Lester Freeman's personally letter, the second letter... Mr. Plummer: No,... Now, Mr. Mayor,... Mav,l see the first letter Mr. .Connolly, I'm sure you have it there, sir. I'm speaking of the first letter Mr. Connolly, (BACKGROUND CO,L,1ENT OFF THE PUBLIC RECORD) Mr. Plummer: Excuse, me. (BACKGROUND COMENT OFF THE PUBLIC RECORD) Mr. Plummer: Mr. Lester Freeman signed the letter in behalf of the Chamber, and let me read from that letter. The Chamber's insistence, not Mr. Freeman's, the Chamber's insistence on private development of a World Trade Center recognizes the ability of private developers to finance the basic requirements of feasibility„ studies and pre -planning details eliminating the costly dollars and tine and governmental delays involved in the process. The developers should be offered the full support of the City's political and administrative leadership short of direct financial participation. Mrs. Gordon: I want a copy of that letter. Mr. Connolly: You have it there. Mrs. Gordon: No. Is this the one you were just reading, J. L.? Mr. Connolly: That's both letters.... Mr, Plummer: Yes. Yes. Now, you know, I'm not playing semantics, I'm not playing semantics. I'm telling you once again, very simply, I would like Mr. Freeman to be invited back and I would like Mr. Wolf because I see a hundred eighty degree stance between two members of the same organization. Mr, Connolly; Mack Wolf was not on the Sub -Committee at that time, but the two letters that the represent,., two letters were written two weeks apart and it was not changed a hundred eighty degrees , changes were due to the UAMG grant toward any other time constraints, Mr, Grassie; Commissioner, we will certainly try to get them to explain their position personally, I would,,, Mr, Plummer; I want the air cleared, that's all, Mr, Grassie; I would suggest though that the kind of project that the City is contemplating is not in any conflict with the first position expressed by Lester Freeman, We are talking about the City basically financing a parking structure which is our obligation under existing agreements, We are talking about the private sector with private ,money financing the World Trade Center, Now, there i•s A grey area which I think we all have to deal with and that is the question rsf whether Or riot a t4i rid Meade tenter has a public function itt it 5Vef Aftd Above the function of any run of the still Office building, Mr Plummet: t agree, Mr, brassie: Acid it is t:o that public function, if we accept that "there is one, that to are sddrtssittg the U AG Whey. Mt, Plummer: Yes, sir. Mr, Grassie t Note, . . , Mr, Plummer! What's between the top of the parkitg structure atd the bottom of the building, that's the grey? Mr, Grassier What's a very thin gtey, isn't it Commissioner? Mr. I'lutnnert Well, let's hope it's a greet area, Mr. Crassie: I think We understand the frame -work (INAUDIBLE). Mr. Plummer: Hey, I fully understand, ok, And I want to say for the record, I appreciate the Chambers "interest, but the Chamber or noone else will influence my final vote which is my vote. I merely asked to have the air cleared because in my mind there is a conflict here of opinions coming from under the same roof and I think the air needs to be cleared, that's all I'm saying, ghat else? Mr. Grassier We have summarized on the paragraph before last, the cover sheet of document A-4 the sources of actions which Jim is suggesting to the City Commission at this time. It might be well simply to review those and then to talk about the information that you would like to receive as you consider those recommendations. I'm talking about the first page of A-4, you have that in front of you. Jim, if you will review those recommendations that you have made and speak to them. Mr. Connolly: In responding to the concerns that were voiced last month, I believe we have to the best of our ability answered those needs. We are still going back to what we had asked for last month with some modifications. We are saying a direct member of the City accept the feasibility report and I think you might want to say subject to verifications by us. Mayor Ferre: What page is, that on now? Mr. Connolly: It's on A-4, it's the next to the last paragraph. Mayor Ferre: It is recommended that the City accept the feasibility report; authorize the City Manager to negotiate with the Developers, accept the consultant's recommendations as to the land acquisition, establish the need and direct the City Attorney to institute proceedings for the acquisition of such land. I'll tell you, I will pass the gavel over to Plummer and I will so move it because I think we've got to go on record philosophically on this thing and it's time for us to do it. Now, that does not preclude us in the future if we don't get the UDAG application or if this thing is not feasibile or the Chamber or some other... Mrs. Gordon: May I speak on this.,. Mayor Ferrer Now, let me finish. Mrs. Gordon; (COMMENT INAUDIBLE). Mayor Ferre; If it has any major problems, then l think we can always reverse our position but, the way I will make this motion is as follows; that the City of Miami Commission go on record of philosophically supporting the concept of a World Trade Center that we feel that'on a preliminary analysis the location that has been recommended is appropriate and that we firmly under copied the Chamber's wordings, it may be a little nebulous, I understand that - "we firmly support the concept of a World Trade Center, which can be a substantial, valuable and prestigious adjunct to Miami's ongoing New World Center", that we authorize the City Manager to begin the negotiations with the developers for the World Trade Center, that we accept the consultant's recommendations as to the land acquisition required which we have already done, we voted for and that we establish the need and direct the City Attorney to begin negotiations for the acquisition and l won't go beyond that at this point, 24 JAN j _ 7979 Mtg. derdegit Bathing you have said is anything about t AG which the fund motivating factor for you and everybody else here. Mayor forte! I will add that, that thin all be dependent upon the successful application of g MAG grant from the federal fiovernment for thin particular project, Now, there is no way in the world that we earl go wrong on that and that give ua,,, And furthermore, that we have the right to satiety our view in the future !hould we not be satisfied with the World 'trade, that we would just put up a parking garage and nothing else an that property. Now, how could that be a problem? Mr. Puert Well, Maurice, l► ► ► Mayor Perre t Wait a minute, 2 make that its the forth of a Motion, Mr. Plummer: There is a motion on the floor, is there a second? Mr, Lacasa: I second the notion, Mr, Plummer: Under discussion. Maurice, I would feel much more Coimfortable if in fact you would separate that motion, I have to disagreement with either point, but you are incorporating as one and I would like to see you separate,., Mayor Ferret Tell me where you want the separation, Mr. Plummer: .,.the acquisitionofthe property into a second motion than incorporating it because then you could be misleading or misunderstood,.. Mayor Ferre: I accept that, I accept that, Mr. Plummer: ... that it be two motions. Mayor Ferre: I accept it. Mr. Plummer: Does the Clerk understands what I'm saying? Mr. Connolly: That doesn't have to be moved because that was done last month. Mayor Ferre: So,... Alright, then just take that portion of it or make it a separate motion, I think Plummer is completely right. So, I restate my motion with everything that I have said, but that portion dealing with the acquisition of the property. Mr. Plummer: Any further discussion? Mayor Ferre: Is that acceptable to the seconder? Mr. Lacasa: That's acceptable to me and I maintain my second. Mr. Plummer: Only under discussion will I conclude by saying that I want it fully on the record and fully understood, that the intent of this motion is to proceed in an orderly fashion for the acquisition and hopeful receiving of a UDAG grant, that in no way does this bind this Commission from future action as it deems appropriate. With that Mr. Clerk, call the roll. And this is on the first portion of the motion as a separate motion. Call the roll, THEREUPON THE FOREGOING MOTION was designated MOTION NO. 79-8 was introduced by Mayor Ferre and seconded by Commissioner Lacasa was passed and adopted by the following vote; AXES; Rev. Gibson, W. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: Mrs, Gordon ABSENT; None, Mr, Plummer; The second motion preta;ining to the acquisition of land, I think is nebulous really,.. Mayor Terre; I will be guided by the Manager's recommendation, we don't need., any further actions, do you Mr, Connolly? Mr, Grassie; I think that you have taken the action that is necessary with regard to the negotiations that we pow have,,, NWT Yerrs; I didn't boar the full Qts, WAS that four to ore cr five to ;ero? Mr. Ongiet Pour to Me Mayor tore; four to ane, Mrs Piutnefl NOW, Mrs COnflaliy, tray t ask a question of you, sift Mt. Connolly: Of Mittel Mr, Mutter! It refeteflte to the aoeluisitioh of land, l see two appraises here. One, a Mt. Leoflatd Mat and a Mr. iobert Quinlivan if 1 ',remounted that oorreot Are bath of those appraisers hired by the City? Mr. Connolly: yes, sit. Mr. Grassiet `these CoMmissioner, are appraisers that were hired six months ago, Mr. Plummer: Mr. Grassie, sir, with all due respects. I commend your attention to the figures and ask the question, do you feel that both of these men are working in our behalf? Mrs. Gordon: May I make a statement or fact of regard to appraisers, J. L.? The record must be clarified. Appraisers don't work in anyone's interest, they appraise property as a market value and that's all. Nobody's interest is considered it. Mayor Ferre: FIA... what are the initials for appraisers? MIA? Mrs. Gordon: (INAUDIBLE). Mayor Ferre: "A" what? Mrs. Gordon: MAI or... they are all different designations according to the organization they have been designated by. Mayor Ferre: Now, some people say and I'm not one of them because I happen to have a high regard for it, but in the banks they say that :.:AI means 'made as instructed'. Mrs. Gordon: But no, it's MIA so you have to reverse that. Mayor Ferre: Yes. Mrs. Gordon: But that is a nature fact, no license, no ethical appraiser appraises according to the interest of the individual who hires him to do the appraisal. Mr. Plummer: Rose, you know, I accept what you say and I accept that there are all honorable people. Mrs. Gordon: No, it's not, it's evidence and they are going to get out of business and go to jail. Mr. Plummer: Rose, I then have to say 'how can two, individuals be so far a part'? Mrs. Gordon: Let me tell you how it happens. Appraising is not a science... Mr. Plummmer: It's obviously not a science. Mrs. Gordon; it is not, it's not a science, no. And that appraiser evaluates it according to an analysis based upon market values and comparable sales, reproduction or proposed construction or whatever the case may happen to be, but you know,.., No, I understand, that's in a layman who isn't involved in appraising it seems like a weirdo deal, you would expect two to come on. target, at Least within a few thousand dollars, but it does not work that way, Mr. Plummer; Rose, let me tell you sweetheart, I love you dearly, but you know, if this hadn't happened with Dal.l Point, we would have never been led down, not a primrose path, a thorn path. Ok, I just,,, Mrs, Gordon= you kflow, J. i•,, honestly.,,. I'm pin 0 have a little bit of discussion Pa appraising this Ball Point, Pall Point owners went into the courts and swore ,PP an affidavit that. that property at that point in time was 26 J N l $ 1979 north tine haft of whet the appraisers said it Vag Worth. NOVI you know, let's face it, let the meta estimate a value and the Appraiser's euttmate of value is twiee as hard. Mayor Terre: Mr. Plummer; Mrs. Gordon: appraisal. Rose, I'm sorry ttNAUD111 t)1.4 It's the old story of Whether you ere buying or selling, We Were doing a little history of hail Point and their so-called Mayor Ferret Are we ending up the appraisal tow? Mrs. Gordon: Yes, we are through with that, Mayor Terre: Was there anything else that ve Heeded to discuss tow? Mrs Connolly: No, sir. And by the way Mack Wolf, t believe, will have the report back to the Cormmiesibb at the next meeting because what they are is he is contacting other World Trade Centers to lee what the beneficial affects ate to the community. Mayor Terre: Alright, at this title before we take a five minute break I Mould like to recognize Mr, Dean Pei and Mr. Jacque Tete, 1 know that you have beer here all week on this and 1 vent to thank you, for your patience. 1 don't know how this is going to end up, but.I want to commend you for your hard work and I hope it all comes to place somewhere along the line Alright, is there anything else that is coming before the Commission on item A? At this time we will take a five minutes break. THE CITY COMMISSION TOOK A FIVL MINUTE BREAK:AT 10:55 A.M. Mayor Ferre: After a twenty minute break... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferret Alright, Lester has to catch a flight... Alright, can we get Mrs. Gordon back here? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: I tell you J. L., this is.,.. you,know, I don't like to take five minute breaks because it.take twenty, -five; minutes. And you know, it's much simpler if somebody needs to.go to :the bathroom and you can get up and go, than for us to take breaks which is forever getting people back together again. Mr. Grassie, would you have somebody from the staff go back and tell Mrs. Gordon and Mr. Lacasa that we have already began our session and we need them here? Mr. Grassie: Yes, sir. THE MEETING WAS RECONVENED AT 11:15 A.M. (WIM COMMISSIONER GORDON ABSENT). Mayor Terre: Gordon... will you please take your seat? And I don't know if Mrs. Mr. Grassie: I advised her. COMMISSIONER GORDON RE-ENTERED THE MEETING AT 11:18 A.M. Mayor Terre: Alright, well let's get going any. Normally the next item before us is the emergency ordinance one, but I know that Mr, Klepper.,, Mr. Klepper, what time is your plane? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Terre: We are going to extend to you the same courtesy that we did to Ted Hallo. What item is yours? 1, DISCUSSION OF PROPOSED AGREEMENT BETWEEN CITY OF MIAMI AND RESTAURANTS ASSOCIATES MIAMARINA RESTAURANT PROPERTY Mr, Klepper; 34, Mayor Ferry; 34, Are there any outer emergency items here this morning that need to be taken up out of sequence besides item 341 Alright, take up item (1 34, That's the City of Meta Restaurant AssQclates, Mr. Manager, we Will begin gl 27 ,!M.) 1 ¢�$ With you, Airs Mrs Crania: Mr, Mayor and tt mbera of the City CoMniagian, after a lot of relatively difficult diaedsaian with keataurant Associates, I think that the City and the organisation have taken Bare All of the iett important queatiana in the aenae of coming to tame agreement on them. There it one baait point on which we da not have agreement, let me gimpy refresh your memory 8n the two taaor things that were outt3tanding the lest time that we talked about this. Nov, you remember that we were taticertied About the level of pettettage that accrued to the City and Restaurants Associates hat agreed to itttpravifig the position of the City itt the sense of moving the 4% to Si which Cotes to the City as 2-1/2 million dollars of gross. In addition to that they have agreed attd continue to agreed as l wider -stand it to flaking an investment of three hundred fifty thousand dollars to itprove the facility within the next year, The third part of the point.., Mayor Ferret i didn't batch that last statement. Three hundred fifty thousand what Mr. Grassie: Dollars to improve the facility within the next year. Mayor Ferret Oh, I understand. Mr. Grassie: The third point and the only one on which we do not have agreement at this point is the consistence on the part of the City that they pay the hundred seventy-five thousand dollars which is now in delinquency plus whatever tax accrues. Mayor Ferre: Three, pay... Mr. Grassie: The hundred seventy-five thousand which is in delinquency before we eXecute the revised agreement. Mrs. Gordon: What was your first point, I missed it as I was coming in? Mr. Grassie: Restaurant Associates have agreed to improve the position of the City in the sense of changing the 4`: of gross which is included in the present agreement to 5% of gross which starts to take affect at the point of 2-1/2 million dollars gross volume. So they have improved the City's position in that sense. They have also agreed to a three hundred fifty thousand dollar improvement. capital improvement, an investment on 'their part, in the facility within the next year. They have... Mrs. Gordon: Wasn't that originally agreed? Mr. Grassie: No, Ma'am. Well, what I'm saying is that, that continues to be in place, something that they are willing to do. Now, what they are asking for is that the minimum rent be reduced from a hundred thousand to seventy-five thousand and the final item is the question of whether or not they will pay all of the amount that is due for back rent. And that at this point, assuring, assuming that the base rent for the current year goes from a hundred to seventy-five thousand they would owe an additional amount for back rent and that additional amount is what's in question still, whether or not they were going to pay that up front. And it's our recommendation, of course, that they do pay it before we change the agreement. Mayor Ferre: Alright, Mr. Klepper? Mrs.•Gordon: And how much is the amount of the back rent Mr. Grassie, the unpaid or the back rent is how much? Mr. Grassie: One hundred seventy-five thousand dollars. Mrs, Gordon: One seventy-five is the amoun0 is that different from what said the last time we met? Mr, Grassie: The last time we met I included the tax which they have to pay on that amoµnt. We can do that again, if, you know, if we do,,, Mrs, Gordon: BUt that's different than what you are saying now, right? Pk, ttr. Qirasalo: The practical affect is the same. The tax, of coutsea we pass on to the 'State, Mr.. 'lµmmgr; It's not our pongy, 28 1 you ter. Gt abbe t The hufdted seventy-five abet to tit;, Thy have to psi tete re: , s They hAve t.o pay a hundred seventy five plus 4t it Order to satisfy the gtete also, Mayor ferret Alright, 6-1AA its 6 of the and half a doien of the other, fn other Words, it e hundred severtyfive plus the 4* Mitt taY, is that dorfect? Mt's Grassie: That's corrects And they prefer to look at it that 'Way and that's Why I'm using those figures Mayor ferret ok, New, is that all Mr, Grassie? Mr, Grassier That is all. Mayor Ferret Alright, Mr, Klepper? Mr, Klepper: The titte is Lester Tepper, I'm the Executive mice -president of Restaurant Associates, Ure have Cote a long way since the last betetnber l4th meeting when Mr, Grassie requested a lot of changes it the proposal that we have trade then and they are all satisfactory to Us, The issue as Mr, Grassie has indicated is how soon the hundred seventy-five,,, Mayor Ferret Would you speak a little louder, sir. Mr. Klepper: Yes, the issue is how quickly the hundred seventy-five thousand would be paid -off and it's really becoming simply a matter of approvals and the extent to which we can extend ourselves and the cash that we are going to be laying out, We will be layout out -instantaneous that we sign this agreement- a hundred fourteen thousand dollars. We are immediately laying out or will probably lay out three fifty thousand dollars in the course of the next fete months or six months as we improve the facility and then by the next november we will lay out another hundred fourteen thousand dollars. Mrs, Gordon: How much is it, a hundred and what? Mr. Klepper: A hundred fourteen. Now, all those amounts to a hundred fourteen and so on, all are in addition to the sales taxes that we will be paying on which amounts to about another five or six thousand dollars a year. Mrs. Gordon: And you are going to pay the sales taxes due and owing? Mr. Klepper: Oh, sure. Sure, sure. Mrs. Gordon: Well that's a different story. Mr. Klepper: I know, there is no question about that. Mrs. Gordon: Oh. Mr. Klepper: So it's really just a question of whether we can afford to spend six hundred thousand dollars within the next few months or four hundred fifty or five hundred thousand dollars. The hundred seventy-five thousand that Mr. Grassie eluded to, we pay thirty-nine thousand two hundred of that immediately upon settling the agreement. Mayor Ferre: Of the hundred seventy-five you would pay thirty-nine thousand immediately? Mr. Klepper: Immediately and then in four additional installments of thirty- nine thousand two hundred each. Those are inclusive of 6% interest, so that the City will in essence be getting a hundred ninety-six thousand dollars for that. Mrs, Gordon; Including the hundred seventy-five thousand in back rent, to what point in time does that goes back? Mr, Klepper; That covers fragments of 1977, 1976 and 1975,.Is that right Joe? Mr, Grassie; That is correct, It includes all of the rent for those periods less the fifty thousand dollars which we got them to pay when we initiated these negotiations about a year ago, Mrs, Gordon; Why did you let it become so far in the rears, gl J IS 1979 Mr. liepper Well, principly beeauae of the issues th$t 'e bated between us and the City as far as various °Claitts we had against the City, all of which we have Agreed to put to bed if we 'Can agree OR an amendments These involves matters of the 'parking spaces that We never got and certain defects it design attd AO on. Mrs. Gordatn : in ghat? Mr. Klepper: befects in design and latent defects ail of which we haVe agreed to throw aside if t'te ekeCute this agreement. 1 might also add that there is another approximately thirty.,thiee thousand doiie's a year which we fltaybe required to pay if we dose the fourth bit of litigation that to are iovoived 1t, we are relating to the tamability.. the advaloret tamability of the lease hold. That as 1 think, 1 tdentiotted to you last title, We litigated three out of the last five years and have prevailed this litigation once again, Mrs. Gordon: lid you lose tnotey over the last few years like you said to us at a previous ttteeting? Mr. kleppert All except 1978 and then... Mayor ferret Mr. Tepper, excuse tne, but I think that that's a very itnportant question that Mrs. Gordon has pointed out and I... you sent the a.,, signed by your financial Vice-president and I gate it to the Manager for distribution and I haven't gotten back a copy, it tells me that neither have the test of the Commission received that, Rev. Gibson: Yes, Manor Ferrer You did receive it? Rev. Gibson: Yes. Mr. Grassie: I thought my office... my office was instructed to do it, I thought they had done it, but I could be wrong. Mayor Terre: Well, I have not received one. Have you received one, Plummer? Mr.' Plummer: What are you talking about? Mayor Ferrer Well, they sent a signed document which basically stated that, on item 34, that they have lest.... the loses was signed by their financial V.P. Mr. Plummer: Oh, yes. Yes, I got a copy. Mayor Ferre: Well, would you pass me a copy of that? Do you have an extra copy? I would like to kind of submit that into the record, so that it's very clearly... these are their losses over the past period. Mr. Plummer: Have you read it? Have you read it? Mayor Ferre: I just sent it to you four or five days ago. Mr. Plummer: Well, Mr. Grassie, one of the things that is in contention is the legitimacy... that's not the word, the truthfulness of the statement of a two million dollar lose. Now, have you read this document? You know, these are things that I assumed that the administration is looking into and will come back to this Commission and say "yes" we have seen the document, "yes" we agree, "no" we disagree, Now, you know, this gentleman stood before this Commission before and made those statements. Now, I heard nothing from the administration and maybe the worst thing in the world is to assume. You know the old story "the streets of hell are paved with assumptions". What I want to hear from the administration, the administration was here and heard the presentation, is that the disagreements, if they exist, you know, have you seen this document and as so do you agree or disagree? I think this is your obligation to look into it and to inform this Commission that, that was my purpose in sending it to you. Rev. Gibson: But Plummer, how were they going to,... how are you going to agree or disagree with an audit unless they audit? Mr, Mummer; That's what I expect to hear, Rev, Gibson; No, you know, if you eome,,, each year we make an audit at the church, you know, :and,,, 30 '! g.g�7 r tnt Mt, trataiti .et"s tr audits, MetMaher! glue, trs Brassie. And We have to talk about audits on several ieveis because they ate preformed at several levels, NOW, the kind of audit which the City routinely preforms to this agreement is conducted by the intethal Audit staff of the City and that audit is of the local books of tins corporation in order to determine what their gross la, We do that routinely and we get paid based on either the tinihut fee or if they make enough gross, then We get paid on a percentage, tie do that audit and always have, routinely every year and we have Confidence that what we find in that audit reflects their operating process. NOW, there is one additional thing that I had done during the process of negotiation which is not in au/way required of the City, but I simply did it as an extra precaution. The company that we are talking about is a nationally held corporation. It is traded oh the stock exchange, that means among other things that they must fleet hatianally established financial standards, that since they have stockholders, the y1must issue an audit report which is prepared by an outside CPA and the validity of their record keeping business is verified through the Whole process that makes sure that nationally trade corporations don't cheat on their books, to put it in the simplest terms. Now, what I had done Was to have the City's CPA firm, rea` Marwick and Mitchell through their New York office, verify that the schedules that the company Was giving me here, that Restaurant Associates was giving me here, were in fact supported by the books in NeW York City. What peat, Marwick told me was "yes, the information that they are presenting to you with regard to their profit and lose and with regard to their operating losses is documented it corporate books. Now, the additional point that has been made, principly, I think, through a simple lack of information and lack of knowledge oh the part of the reporter in question was that the City has not audited all of the books of Restaurant Associates. The presumption that we should is ridiculous. It would cost the City at least a hundred fifty thousand dollars to audit the books of a private corporation. The books are already being audited by a private firm and what we do is to verify through our auditors that their records thatch up with the schedules that they give us. There is no earthly reason why we should go in and pay City money to duplicate that audit by an external firm since it's already being done and keep in mind that we are talking about a publicly held corporation which is subject to all of the controls of any corporation that issues stock to the public. the record relatively Straight on the gueation of Mr.. Klepper: I might add that... Mr. Grassie: Now, what I'm saying to you is that,in fact they are extensively audited,.that we have had an independent examination of their books through our auditors to determine that the schedules they show us are verified in their books. The one thing that we haven't done and it would be rediculous for us to do it, is to go and try to prove something that their auditors have not proven and that is that somehow they are cheating or trying to cheat in maintaining their books up in New York City. What I'm saying to you is that there, is extensive audit that taKF.s place and that we have been super careful to make sure that the presentations that are made to us are documented by outside opinions. Rev. Gibson: Well, then, Mr. Grassie, pray tell me, then what is the argument about these figures? Mayor Ferre: We... there is no argument Mr. Grassie: The only argument Commissioner is with one newspaper reporter who in my estimation simply does not know what he is talking about, Rev, Gibson; Jesus! Man, I get so tired of everybody doubting everybody. Good God,., Mayor Ferre; No, no, no, no, now you are missing the point completely and I think you have to recognize the reality of our situation, The Miatni Herald Editorial Board and the policy makers want to abolish the City of Miami, They want to consolidate it, Let us not forget and get confused and not take the eyes off of the bail, it, has nothing to do with this, it is 20% their problems with Restaurant Associates and $p% other things that have nothing to do with the facts, And what we are in the midst of is one none of these little things that will or will not amount to anything depending on what previously conceived ideals you have, Now, we in my opinion have to make a judgement today PP the facts that's presented before us and the administration's recommendation and whether or not we wish to agree with the administration and whether or not we wish to agree with these 31 people, riot, there ie rid eonspiraey that 1 know cf, nobody has dent anything wrong, i runt to say again 6n the pubiie retard that even though my staff tut but the clippings of the ne s§paper etories and the aditerials, t vat to, dt the record tell you 1 haste fiat read them and it will not be itlfiueneed by them, l will only be influenced by the facts as they ate presented to us here today, And the question eimply is, that we have a signed statement here by ter, ,iosenh 1eyata Vice-president and Comptroller of Restaurant Astociate§, Inc, which states that they have lose a Million nine twenty-two, that the 1 78 estimate is that they will lose a hundred seven thousand dollars which means that these people have lose ttso rtiilibn dollars, our auditors here gone out and looked through Restaurant Associates auditors records and say that this is what they have on their books, We Cannot afford to go audit Restaurant Assaciates Industry Inc,, that would Cost us a hundred fifty thousand dollars because that is a very large corporation, Rot us to say that there is something that is wrong, is number one, questioning the integrity of Restaurant Associates Industry Ine , cumber two, is questioning the integrity of their auditors who audit the firs, and dumber three, questioning the integrity of Peat, Marwick and Mitchell our auditors who went out thereto see the auditors books. Nota, I think it's just an exercise Of futility and if you recognize it for what it is, I don't thitlk it has any basic value period, Rev. Gibson: Mr. Manager, did our auditors write us a letter and say that these figures are substantially the way they are? Mr. Grassie: No, the documentation that we have been working on Commissioner is schedules that we have received in the last month and a half or two months. This document that you have in front of you, 1 think is about three days old and that particular one has not been submitted to our auditors, but it basically puts in a different form the kind of information that we have received in other schedules in the last two months. What this does which the other schedules did not consider is it adds corporate overhead. The other schedules that we were working with dealt only with operating expenses and this simply adds corporate overhead which if you consider that also, increases the amount of loss of corporation. Now, again, simply for clarity, there are three elements that the corporation is claiming in terms of there lose. One, they have invested almost a million dollars in improving the facility and they expect to get that out, of course. Two, they have, the figures that you see there, over a million dollars of actual operating losses,those are the ones that we were dealing with, the actual operating losses. In addition to that if you add a corporate overhead factor, then they get up towards the two million figures. Mayor Ferre: No, I'm touching three million, three million because it's two million plus the million they invested in improving the place. Mr. Grassie; Yes, but 1 would suggest to you that in our discussions these have been interesting facts, but they are not keyed to the City. Mayor Ferre: Amen. Mr. Grassie: Th-:' gets paid based on gross business. Now, we don't have to go out and pro' i at their operating expenses are, that's their problem. Now, we have lister to that argument that they are losing money and we understand that and we have been sympathetic, but that is not keyed to the City's decision, we get paid on gross. Now, we have to be understanding because obvious?y, if they lose enough money they will go out of business and you know, and we get hurt along with them. But, again, our consideration is gross and we are not recommending anything to you based solely on the fact that they are losing money, that's their problem. Mrs. Gordon: May I ask a question? Mayor Ferre; Mrs, Gordon? Mrs. Gordon; It is sort of relating to this operating statement that's here. I don't know if you have the answer because,,, which is not working if you are on it. That's not you that signed this? Mr, Klepper; No, Mrs, Gordon; The rent that was due to the City in the year 1976-77 which were not paid, where are they shown here.? Mr, Klepper; That's included in,,, they are included in the Irises that are shc' because the rent has,,,, the rent is accrued as an expense when they was figuring it up, 32 JAB j$ 1979 • • Mfg: b6td61! tUt it WaAft't paid) 06 where is the money/ Where wag the flioney/ was it in A MAO tA it it Aft actoutt big held i6r UA or what? Mr, kieppett It's it the general funds of the treasury of the tompaty,it is where all the motile§ are. Mrs. Ootdott Well) then this is not a true picture. Mr, 'Kleppert 1 think its the difference between a , th,ageoutfing arid accrual ,T accoutititg, In accrual accOUttitg you aterue tottsiVtiow-whethet ' pay it itstattaneoutly or A tsfeek later Or A ititffith Mrs. Oordot! Or five years. • tIt&' Mr, Xlepper: Or for five ye ,and are -Still the orpehte and ief1ected as the part of the eXpenses. Yes. sir? - kev. oibsbn: Mr. Graa-Sie'?' ,- Mr. Grassie: ReV. Gibson: Where i man that we haveon out Stiff who would handle this... who would be an authorityin this kind of thing? Mr. Grassie' Wellt,.Tim]Gunderson:is the Finance Director person most knowleaiiable-on the staff of the City. Now, the City today,4but'ii-7 Yes) sir? v. Gibson: W0.1O.17All I'm trying to-' is... and he would he the I thiiik he is out of V40t Grwhassie: - a you -are looking for Commissioner is verification of that statement, we cap -again go through the process with Peat, Marwick of getting that done, but I'm Suggesting to -,you that why that is an interesting piece of information-and-v:oi-course, it is important to the restaurant operator that they are losing money and we are symOathetic to them, that is not the key to what the City -'does. Mr. Klepper: -1--think Mr: GYassie is right. Z..1 think we are the relevance to this argument , --that's what-thisAdiscussion is about and whether we losed X dollars or Y_4ollars_or-2,--dallars is 80 we have sapy merits for,Wposition in requesting tha*,-we have-four--Yearo paY a hundred,Seventy-five i1if5usand dollars as distinguished_frOM:paying it immediately. ApPessentially what we are saying is we dropped such a bUn-dle... Mrs. Gordoni---What are you saying?,-- -1221-.4Ph/ Mr. Klepper: Essential-I.i.; what -we_ ,are saying -is werhave *dropped such a bundle that it would be "dm fact imprudent on us to:lay out,this:nhuptIred seventy-five dollars instantaneously and Wei:are -proPos,14tt-t-ispend it... that we- lay it * out thirty-nine thousand two:11Undred,. this -year and then,each of the next four years in our new proceis:----7- 1." — Mayor Ferre: r'Let me Valte a three minute or or minute sketch of2where_we are.:=, and what I thirIV we have i;efpre,us._-___The, City of Miami put --out a'rnaOlificent structure design by Al P4ricer:that ua-,a lot of money end it was finished ten years ago or eleven years agii4E1-6Patia-4ted'witbcRestaVrantliSsoilAtes with what was then considered tostbe'rgood;04.46rboth'parties45It had been a good deal to a certain degree with the t4ity",it:hsjoeen*-4-aeal for Restaurant Associates, Now, that we are being asked for imodificatilAof it, the question is should we consider that at all? In my opinion I think we always have to have an open mind in situations where people get into trouble, The next question is are they lying. Well, evidently I don't think that they are, I think that they have lostmoney. Now, the next question is, is it reasonable for them to improve their facility so that they stop losing money or can they walk away from the contract and can they get into lawsuits for this? Now, there are sufficient things up in the air about parking and the facilities and what have you, that I think there are grounds on both sides for lawsuits for a long time. Is that prudent? Well, I don't think that will resolve anything, So, then the next question is, is there a middle ground? And the question then, is what are we going to give up and what are we going to get? Now, the first time I talked to Restaurant Associates about this was two years ago and my decision then is the same as it is WWI If you do something for us and if you do something for the facility, then I think you are entitled to ask something from us, Now4 the 33 4'1'41' 1 , g. r us _s4,-...-. :::- ,-1, r fat ut/ Wen; %Ain they Are fl4dollAtS ih iMProVeMetita. 6'''. they Are alto ihdreAt cetit C t that Will get if thifigt go Wel1. tut the fittetluettio ell, how wil l gO Well/ ...,... „. Well, We khOW that thing§ Would go Well bedati§e f you- at the retord here, since they spent some Mohey AhahOtrahfiY ehtiUghl h Mudit ', they should have, but they didn't Waft ttrItitiliftliq& ifitethit t. WhO 'tthey'Ve gone up from a million four t6 A million sit ftMtwo to Milian tight to a million hihe And now they Ate estimating it 1§78 that they went up beyond two million tot the first time. So they Ate inching up every year maybe a hutdred a hundred fifty thousand dollars. tut that's not relatiVe ih this sense that if you take the inflationary factor and you take the value of Maley today, they ate ... Ai pretty well standing still because a Million six four years ago MU',A a•,, lion 4.- eight three year Ago, that is approximately two million dollars toda ,o in effect there tealave been that dramatic ah improvement. However, they are at improving, so 1 it is reasonable to assume that if they put an injection of money into the restaurant and they do improve it, then hopefully we will get up to the 2-1/2 million dollar Area. At that point, then I think this thing becomes a reasonable thing where hopefully they will make money and we will be doing well. Now, one of the alternatives and with that I read to you. The alternatives are, one, get into a lawsuit with them and have a lawsuit on their part, fight this thing for the text six months or a year, they won't improve, they will continue to lose and eventually they are either going to walk out or get into some kind of a problem where we are just going to have nothing but ongoing problems. I would much prefer to meet the reality of the situation and recognize where we are, reassess our decision, come to a reasonable understanding where the restaurant can be improved which I think is the key and beyond that, hopefully get this thing going where they can make a profit. Why is it important that they make a profit? Because once somebody who is a lessee of the government property is losing money they are not very happy and therefore, they don't operate the thing very well. If they put the money in, in which they claim, they will go out there and advertise when they have conceded with six or seven different things and if the property begins to make a profit, ve are going to have a successful restaurant. Why is that important... why is that important to Miami? If we have a successful restaurant there, that will help our tourist face economy, that will help the other things that we are trying to do downtown, that will help the park. In conclusion, I think you really should approach this strictly from a logical, sensible, business like, reasonable sense. Mr. Plummer: I would like to ask some questions. Mr. Grassie, what's the prime rate? Grassie: 11.2 the last time I looked. Mr. Plummer: Sir, I... and I'm understanding something that was different from the last time. The last time you proposed that the money owed to the City for the past would be paid -off over the duration of the remaining seventeen years. Mr. Klepper: Correct. Mr. Plummer: It is now proposed to be paid -off in five years. lepper: No, really in four. Plummer: four year lepper: sir. N. PlumMv4 Alrigh r. Now, I find a disagreement with the percentages that youV*isfferin- a percentage. Now, the next question that I have and I'm going to give the 11 to you and then let you address them, M. Klepper: What kind of percentage are you referring to? Mr. Plummer: Well, you are offering's, As I understand you are offering the City on that back rent you are going to pay 6%, at Mr, Klepper; Correct, Mr, Plummer; The second point that is very important to me, was in fact that you indicated at the last meeting, that you were willing- let me make sure I say this correctly, That you were willing that if the PrPjeCtiPPS were not true, did not IIAPPMA reality, that at the twelfth year an analysis would be done I 8 34 by the City and that aty diserepanty between what was ptejected af`id what would be the City's bf:hihuf guarantee, that you would makeup the direhte otter the last five yeats4 Mr, Kleppett Tha0s tight, Mr, Plummer! New, ty discussion with Mt► Ctassfe was, what petcentage are you going to pay IA On that? Mt► Klepper; You teat': interest petcertage/ Mr, Plufnnert Interest, Alright, yes, site Mr, Klepper: six percent, Mr. Plufamer: i eil, I got a problem with that and 1 will tell you, alright? Now, to be because of the shortness of time, may be that's a different stwr:, alright, Mr. Grassie: Could we address that before you move on to the, Mr. Plummer: Please do, please do. Mr, Grassie: There is a difference between the prime rate Commissioner. asryou know, and what the City borrows... Mr. Plummer: Yes, I know, you are not builds a house. I understand. Do you feel that six percent is fair? Mr, Grassie: The six percent was established on this basis. Ve borro`'ed eighteen million dollars a couple of months ago at just over five percent. Nov, on that basis six percent is reasonable. It is reasonable for a municipality, 1t1not a commercial interest rate. Mr, Plummer: Alright, but you feel that the six percent is 'bat" Mr. Grassie: It is reasonable for a municipality, yes. would accept it. think thai shed? we Mr. Plummer: Now, then that answers the first two, but yore willing to pay interest on both portions? Mr. Klepper: Yes, sir. Mr. Plummer: Now, I have heard this morning referred to a portion of what I heard before and for the record I want to make sure that the other portion has not somewhere disappeared or deleted. This reference this morning is, that you are going to immediately inject three hundred fifty thousand dollars in improvements. Mr. Klepper: Correct. Mr.. Plummer: The last time I heard was, that was the first portion of a guaranteed injection over the period of ten, twelve... Mr.. Klepper: Nine years, I think. Mr.. Plummer: Nine years... Mr. Klepper: That figure still holds. It's a mi11 on two twenty-five. Mr, Plummer; ... of a million two in improvements that you will put into it. Mr.. Klepper; Correct, Yes... Mr, Plummer; Alright, Mr, Grassie; But Conissioner, I want you to be clear about that so that you are Apt 3aisled. Mr, Plummer; That's why I'm ,asking the questions, Mr, Grassie, Mr, .GrasPie; The three hundred fifty thousand dollars which will be invepted up front in the first 'year, iP throe hundred fifty thouaapd Qf what 1 would Dell major capital iwprQv€ ►ents. The rent -of the money PT the difference between 2,5 f>lllion..,, 1,25 mil on and three hundred fifty thousand dollars, In other 35 JAN 131979 vordt, the other tithundred thaueend dot!lre toughly, is ftOte in the hgttite Of tdittetathe itVegttettds tot talki;4 Abut jghit6tiell but ft talkitg about routine Wittetatte t6 the Structure and it What be totOgted With a tapitai itVegtfteht Which is Witt a kit to replacing a toof 6t regating gii Of the air eonditioting ayetet �t eolething like that, Se Ve he to kW that in thitd ae a dietinotion. _,,,,A.NA4h7,??4041*5-!4,41, Mt , kleppefl really,The second a,„itii5tturri'hije-ii,ofilt6ilarite atd tapital; itorbveihetta=bet for tis t� rjet hot., we art to pettd this in the next nine veat5' C, M , vb*$'1 t triglalOrgp f161:47,.)15:00.61 cot• 0 ow: oc) e '*tti:=',7T c4°ii`aS2i-:..,,t 7-tht- Mr 71U:=,eztv, . .,.,7•:-• :4utT,O waavputSuing 1 th_ik itkiAbOffr-St,X0T.4, P. ATA. theretOU1d':b§0**40t0404-0 where pitiiIii.efetlit5.00 Grassie,Orkeof the ttita probiem Ipitypat thp:_OpkpnOtiMe ,isp#r , there', is no question-._ mind that Flia,0110$4.diSigre04t,,,ths 1ss stateentis e;lU'etp- th*i Problems4:41,44tiO4**A14091iWO4 would denythat,'ii,VOu:•KnOW,n4..ii411-' A you may be don'tY000tially 'Or Wholellt'VotiOWViiiif•JuSiiit-operal without adequate plai)410,4-0W , 1 1!,ari t... to s,Wfht,whather.: this goes thio4kZ today or not, I think ili".iggf-fepify-T-4140'--a-dtkinistratloffWhmoiengiffint:OTa;OtittfAct with these people to provideviii#,11iarking747-atelS:An4,_MA*400ee't1 able to provide about 50% of that, I&Wetarii*Og,p,q oakti.(er:,4fier"problem has .Ji 0 t.54 't1 0 ,v got to be addressed, l'I'' 'a Mr, GTASSie; Well, Commissioner, two or three things, One of the things that Wg are trying tP accovplish with this agreement is to put aside the legal proble= involving the park, Mr, Flumeer; That's a problem, 1 understand that, 4appip; Now, Pn adifferonT le,vel, the operation of the restaurant, There ere tWPwayOf viewing that, I think that, that restaurant in comparison to most Qa 36 q •••'' tt3,„ C,c,40 o c?et- e-t:PLia th artth�t tiY • • .0. _ 0 0 0 ''O'ar •—•,- • • . , 4-$.' Lea`""i:.7.•:',.:r.•7-•-.'-,-L7.7-,-'0'42' ficncelOcileceldf,,rr .,cr " • • • ' 'r 00 0 gl 37 JAN I 1979 a 1 - r Mt, Omelet that iethe key Iltleatiah that la it front at youvtethet tat they have to pay up ttesht ot whether they should be esttehded net tout yeatt tot the $1,t4000, ,maydt;ettef eiueatithot_whether Ve ate gig to forgive the debt " la 'a tilleatibtin-ohrwhether, you pay it toi4 or whether you pay it &Vet , , •. ,..•. 2 •;* 11 th�fiey ,t6.0.;!; ePPer- a s2O4tc,es'''" ask - rig; $60b,000 today, we can't * t ; mayor Ferrer,' Well, let's pursue that a '.1iftle-bit,--now:.suPP"e,4inst,!.",4t! oYspending $350,000, you only spend $250,0,!30,,t?, iMp,r0,74117,S!TsPt, keep that $100,000 for next year. Mr. Klepper; .-WeLwould prefer,,,to'be',able to spend $ 500,000, what we want to do is to make the improvements into this facilities, so that it will work, Mr. Fine; Mr, Mayor, let me just comment on that., Mayor Ferre; This is Mr. Max Fine, the president of Restaurant Associates, M. Fine; We ewin order to really affect the change in the upstairs res- taurant, what it would be necessary is to close the restaurant down, for a brief period of time and to deal with both the mechanical problems of the restaurant, which even though we had a number of studies done including one by the City, we ore not really sure what's going to be involved in there financially, until it happens,,, 38 J!N I$1979 00 Mft, Witte: (taht'd),,.uhtil they get ihto the meahaftieal as Bete, ktdhai doe stave to deal tie the leak at the teatautaht, the ea et, 6hair.a,.tabi.e, dtapia, deaat, arid twat have you, arid tie believe brat ' e,the., . b � '6 ': f: = lip �aba oiute=.,121 tut figure at%d very 1ikely,aa Mr�� GrasAte p61''rte u '° ,.ta' ll roba13. ,t : hough, rababl: zt4 eatild alase'daufhthe• teatturaht �'' rho;' �..�i'a�38�1t •,��ttc� �',�e �;�Lii`:��`�'�'`�:I��'c���t`��:,.,,`�..`,'t.;:-:: alY o- te.�.t1tdd- •b1ee a'as:'that 'MO;sb1t.'ta�'iii.. taYh'eatet'��.;pi�a:�'t'i_f;`.t�•fi.en�''t���i�",�.,:�`..:'uld: be 4 n `i e a . Jefps£ _ si5r 8;'`1�e�:,coittn� ���.�tt�o::_.t�'�::�'e�s'�� "Ir ::�E�i•�:tr:e•''i`s't' .:�, p: �:'• .:.. ��i;-ant:.<;..t�'::�`s�a'e..,t1i'�rt. ;�•s,o f : t', •� tn i'` `'�' o; �'t o�.;�',` e'°a_ �i'':',:���0``'a•CCO�1�'CJ`d� en ookin c9G,N it,,. _G•. 75. - ;ia - _ r, ^,e.•. .:;.{a ,1::e'v: - €,:. 1?"- 'vi,yi': a.v ,.,�,r ,i.. y. - ,?o O ®`JG • .. ,2 j ;ilk. :«...,`<<.,_: .,.C'" :s„-'•.., h- ca 0� �;So �L tf•, ':;,: i":;L''i� 'ii;;. - �'t;: ^f' '!i:i .j'y: f=y -.���. r�f;i�'rt'� �:.1 ere :iy 0 Mr, F. u .' S � :,:° ; . ",1�s.?`):�Y :bN: ''(..." � D 4 O (> ,1 uime � W �-' 'e�" Iaat .°:s�pe'. 1` ► ° s pp Q 3° jr C -� andli he'°way cI see it, c:•c.e �I�OoU: cc:'C3 L�0 p',� � Ol;r� �r� iir^a �'aSi�O oFlhpt,,fl ri- � and I agree with Mr. Grassie. The key' point©right now; of this adversary posi- tion really boils down to the fact,,,are they going to pay us the back rent up- front, and reduce their improvements from $350,000 to $175,000 with the contention that it conceivably is going to run above $350,000,that's really the way 1 see it, Mayor Ferre; You're missing a lot of moneys here, let the tell you something, l would be willing to accept what you're proposing, provided however,,,of what you Mast said, I would be willing to accept what your recommendataon,,,as a middle ground of what you said as a middle ground, provided however that eventually we can retain that $175,000,-now, and then all we're doing is just,, you know, L1 ,� 11iVGT7' ;o L.u'D,04' 00 J AN 1 $ 1979 •,•• . ° ; °Rte.. 41•9tdot : • t. •tititdcdtsofand at treat was. oykr °a Stear° 'or a year .apiloa" half°,. and ° 0 0% 0 0 0.o sg y°csu• pea•.ner ,wete talkains °with theta, 9r wit king 'With them, negotiating woith 0 • "*3:* .• „ • .0 . • . • o a • ° • • 'F.e•rtoeo: wai9tt,° 0 43 0 ••• • . .2 o* e o, • •° • fx`ef-.1..e6t • 000 a 0 0 o 0° 0 o 00 00 0 0 0 0 00 0 t the° recaord on pp-fsonal priFilege,21.et the record • o o 0 @c3 0 o o 0 ° o 0° • . • 0 0 * ° o°° 0 0 0 o 0 00 ° b: e • .0 . 6 0 . Wr0d-ixral • T.0f, it 'is SQ,; Let the tecor reflect'. ° oo 0 0 • t' May, ie9r+ e°,e.°Ole' r e cot f Vezcqt that 0 the' Mayor: ci id not meet with tir. 0 00 b .• * 6 0 00 •GTaskie 'tyhee p2eopl•Fe to negotiate anything., 00 . 00 oc, 4 p 0 ° 0 Q * o 0 0 °Q ° ° o. ° 00 ' "Nfa. 9r • fer ;e; lac, vitntox ouc,c13"eliev-f anything you.oread in° s . 0 • 0 0 6%as v. niotc-so,: 0 occ., 0 0 ° 0 Von°:° ,0 jus-t speak* Thr your .• • o • t• . * ° ;.. •;‘, tItitl•• OPr thi2s b.t.rd'en°00 ilc-1 'by oyqur 0 "• °a '0.: e ° • .• . a a . •0 f 0 kel . XV. abp,e tha ' th0e°ret jayment • that .Rep now (2-what happened was a o o 0 o o o 0 0 0 0 0 a oi 0 0 0 - ' But, Commi- 0 0 0 0 t didp' he'd it° 411 by mYeelt. teurint Afspciates makes is an that when they •in to ;else up • • .e‘• • " • 'VP 4e R. s•,• 443444:At°40.4:1-;kaii, ;....ct. •••". floiri."- a • •• i • °•-• Axt*.•:thp,c111VVRIP , o' ,`,"0 • ;* ° o °•.:: V 4 • °' • • saicifter ; ° the aript '"4"r;.••-:,a' • • r period' That 11•11161,0:.•,•!•0 s° '' :"..iiii4...40-if.ii...i•g4,..:•:.' .4:.1;1, 1,t',...:-Oilk.'s .•,..11 ; .4;;Or,,.. , --,,,.• •-;,. •- ,•..e.• '.;• 1. ..k..'1'..• 't ti.' litay..e. 4 .: . :. . .., ,••, , ,.• • .• eatt ..a,„ ,, e. •••,••• • t ..:•e;t4 .,,,- u ':te. itr -, : • '.. • o. • . v• .••• V..1.;.L.. illtilt. ° royt 4 't° • ... - • o - . .6 •••Le. ti:iky 40: • e •• • . A " • ' 'fit • • it' 6 **Iittek• ...i.C.§. ' .031.6:::•'•i:.4. 1 'it.i,trimi.' 4.tt.:44'',tf,lit.,„...e.41:4;41;:ilte.l.e.t.1.1...455Tib...:*..,,;::::.: e " v+'' Ca:. 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' ...°,.. id...1"°<,* :0' *.e$ *. *: ° : **•:* * -; 0 -- - i *hat ti t• t. . • a ° .° ':•F••'• '',•• ,: ttd.•i7..5°•••Gti•okont....••ttt, ..G.t,„a§:s:we, 40 V stroi.?bitit°t 6 ,g9 'beAk k 1:4.ttle,,b_it be5au_ sie ,,t 0 930 ., ., ......0., ..,•: ....,...,.: s'-.44,d..•a•-ii,.:°t•Allytt,,..ifas° „15.Vert..b0othatil oetnetct ''Ibt1.1.:tteabb.kIttedinWtig t°alitcsott.cttlwthy s fo-- a :I. pf,, :-• t. .l.''..1,wh.,,v °Vast 1.'t if: btought tAl tlrehaving.° " . . ,. ... • -T. • , - :, -` 1 .. . .- r°,, thgt: °Off: va: the teht? ° .0° 00 ° .., 00 ". "' Pq•*>'n tbg Te.e:t.'° ? •• 0 ''' ' ° . • ° • ' ° ° .. • e • "' 15 -c.atie t a -4b-1:311-y °Pat °Be easier to r peocs „ • , . wbulk !90, intense y e 0 „ 'ttifiOtt :S° • grA, 'Het% ethe WaV .t. a,. 0 , -- • tsg itto° 0- 0 0 0 0 0 ° t y itel-migtitrhave Veen c.brought to the.otable% • 0 0 0 0 0 0 0 * 6 n es 00 ,Ar as sokett......1'...M, .0r1t. e 00. 4, 0 . e 0 a. just cpallfoI rea-d, I cdidh t spy it is a, fact. 0 0 o a a e 0° ° ° o°° 0 . 0 0 0 0 o 0 o 0 `r° 0° o0 g a ° ol 0 0 0 0 s.1 , 0 0 0 0 dertain newspapers, . ° o 00 0 o 0 0 0 0 r‘j o • t : atcroar payitnetit° they. tnake oa ye-ar0,, .:'‘AW.°01€ 113.4:0ber; ultt •ert. • if ic „en es on involved 9 laims that 'the deskgn . 00 . 0. c.E. self and lust otell me why, y 0, .6 0 0 . int,60 '4e faiii.t.; gild, the. 4ty in short order, aske 0the •'" • 14..t.:a'kirl..:24*.t". theI • raep°ondid wcith yae'ry -lorig°cfetpiled Ipati.pr a).legitig a. .0 0. o a 4.:.'"*.`"-""1-11 •°' **- f°- (qipart oof tfle City in livitig atict6 0. OU ' 0 0 o a 00'11 0\ that . 01)! Vhtax cittipnietit was inadequate; tohei Maintenance 0responsibiltties° ° "ite."!1. of.°0e. lease. a greOmeift . .0 That ••,.... •. • 'tht;tily, ,:;14g crnet th-dt0 Vet -king obligation'S of the City had. riot ,beep 0 0 •00211- 't•::•.;ahce -thd..tt°,° EatIt.ot;Tke 0of' th'oF..e. things oriaB to be .apaictzed to. determine. . feet' washired, engineaex, a, ye hfreod 4re a of adciAimtatit-pod,p*SPeStaL U57- ews° i s °. ° t1P.: •,„ „,.s. ft:tete:44's d.tcit cd0 c a. 1116:e ,:,atrgon,!:%;°.. ao:j..)1\ '''" 9,(kr -ohk`itairtop was .1-Fatt; 02' _ h bliptiops °all) of,%' tn 5 :I.COAt':144.104 0.4(1,4144o. ot,,q °that ere have ad 71;44,40, witt v.ieV 4424 . • ??, •`• tuii0 iiArAgort ;4'11.4 • ..R.- • °: e "gatilperti4 40i1S•4,3,,PpR°. 11..,tuit:3,4y- 111-X§.4° atAP•TIV.$ r ° ° °this° it ri,bok0over a what bt,tr clasp, °Trait. on Et • .b te,cilitsfrp . 7... ° °to deter:411P. beae"ensi fokatp. yh° aqq.9 Pe014-e ' d verins0 of% AF".. TA. • 4g-t . posattio•i't bvithy est 'Pei Agt,..:0,tte.ft-t4tni124::;attria,c1:iieT,100 ;61:13.;t:ln'ee lotwes.a.41,e0;,it-p't: %gto,tarryul‘tcylf,rtz;e0i,,°. pwip on 004 patt t . Vt..Tt::0.`•,TP.Y1*.n; • • .0-01e,r .ypirdi°,. we NaGetvo i:',A000 to tfivh. °040.4a - • ••. • • • 4° -ti°Aptil?,•„ .* • 9..x. • .494 14.4oft.liclkao° ' R,Vt 'OW %..•,• • • • • • . ° • ° g • • $ • • 1 ‘" .• • *e• r • Nv •Y•:-:IfAr'iv•••••11 ,a,pora...4,.:Vck•.s..r.: • 371 ' %.4.fk•AFi.114,ge.,• Pd'i•A••• •••• • ,o‘ ' • •eiT the ro'j'ec.f, ° °„ • 0 o Qo 0 c'? 00 IY. *IiS .0tOgVt.4; *W1Ogia6Wt 4i4%1'A :i: fiiitiAg 4itti#0.1 h*::6h '1/2iii .ile*'.4if.f .thiilf*.:0$.'0,...fif5Vii; P..:1:1'0:1*1520::;'"Ae: ,;').11;'..1';ithi? 0. does an .6 • 4:§.,.thot ..all.,tilktC.Miliffig tit y y°0...aizi:,/Atti"nti 't tOe'l, ,a-adt'd.fiiitI:.I.TheatOgr...iivivila64,' 01-504 it.4totiI 4 a utwpt..tiltet6pap4'mohoi:t4Ify!aoVep iAtt wbbl'd.ad .0::f'7.4 •°,p ipol:Nothet . OA . ittist'at,e aq ObAtise :t'Oti i 6 a life: .fat ° is that °than MMe littiCI ....:°•°:-.4*,§0.11. .4 the level whete we ate trycing to debettatle„ *it the epetieeki0 tte,:fs, , ••'`.47: • °are, to g0 Itit'(; a odisoussien with you t ono tht fact that ic.te ahave, a problek, ad.dpofy, .. 0. . . a - . .. ,:v•Alk leaves s you,44ilh,,,,a 14 ofo 41.tektions and no thswers., a 6 ° ° 0 , 0 0 " 0 ' a % • o • 4 • A e ea ° a a I ° .. .•. t, .%4, a •'.z: Z. .. . „ Mayo. r ettel, Alright, °Puther: question s'? -30 0 . o 0o • . .... AAto Grassie' a have a'iot of these tningSeehat'afebging work on by staff and ., ... . .. . °A• 4 , 9,.i_ a that is haPPehihg Oh it, 0 . . 0 o a a J ° °....thdy don't tell telt,the every dayof everything ",•, .. . Mtp, Gordon True, 0 . . 0 . o . kr. Grassie: And it's not reasonable to spect that they would. . . 0 . . O Mrs. Gordo n: True§,and again I car only a.ay what I reed in the paper,' and I don't know if that's the fat-. Was that the Mayor knew about the problem, ...),L.0 O 0 knew about the problem, I dcidn't know anything about the problem. lodidn't even °.° think there was a probAam. 0 0 o tt,0 0 0 0 0 0 0 ..P°,.3 Mayor Ferre: 1'4 like to, again on the ngcord0 state that the only reason I 0 knew about the prob'plet5 wasn't.. because Mr. Grassie came to talk to me about it. b,73°0* . Mr. Grassie never came to talk to me about it, the r(eason I knew about the pro- 0, blem is because Restaurant Associates requested a meeting with me and cauie to 0 0 talleto me about it, and rrecognized and took themat face value that they were pavink a probiju ,I was not involvedin any way in any of the negotiations, period. o And I was°informed of the problem, and it is my opinion tnat they ougnt to try to re— solve it as qdickly cas possible, and I so informed the Manager. 00 0 0 0 Mr. Grassie: Keep in mind, Commissioner, that some of these discussions that we 0 ° are talking about go back -longer than I have been with the City, some of these 0 0 contacts you're talking about, it took place before I was even here... 0 0 Mayor Ferre: When they first came to see me Mr. Paul Andrew was the Manager. t?c%, o 0 Alb, 0 o -o 1,0 c0 ' o !,6C 0 o o 1:°°° 0 ',D o o 0 o I o 0 cp o0 ° 0 0 ca 17c" 0 o 0 ° 0 is 0 00 ° 4111 0 ea 80 D0 I° 0 2. o 0 ° 300 0 0 -00 o ') 0 0 'sboo At'oo 0 0 00 00 00 0 ° o "0 0 0 0 0 o Mr. Grassi t: °This was 0 months and montps. 0 Mrs. Gordon: Yes, but when the rents didn't come in, it seems to m, tacit Iob“%da.o., rave 0 been made aware of it. I'm not saying that had to know all the engineering 0 °problem, particularly exactly what the engineerieg problem Was... 0 Mayor Ferre: I think that's a valid point. o 0 0 Mrs. Gordon: But rthink I shoulcl have known that there was a problem, that there was no rent coming in and therefore there was a problem. o 0 0 0 0 Mayor Ferre: I think that's a valid point, N. Gfassie. I think whenever any major 0 0 lease does not°make it's payment, I think is a matter, of course, you should noti0 0 the members of th5, City Commission. I said "major lease" I don't mean youcknoy some- body that didn't pay 34C, or $34.28, O 0 0 M. Grassie: 10'11 be happy to institute that kind of a report, it would be a frinan-c6 cis]. report which simply indicates anticipated revenues which have not men rea13.zea, 00 0 0 >0. 0 ca0 0 O Mayor Ferre: el4thip the reasonable period of time, 0 0,, . e0. Pot a priority item that even came to mv attention, for 0 o= . 8 01, 0 0 0 Thirty days, 0 0 t, 0%00 Mt, Cl;aSsie; All thaedoes is identify the fact that somebody is wbrking pn Chat' it -0 • 0 ea 0 cp does not provided y(.0_1 yltbcthe answers of why that. is takingplace,.what's bcing % 0 • 0 0_ • 0 c, • o dope, .0 ,°0°0-0 0.0° Mayor Ferre3; Let's not play, .1 think Mrs, Gordon is correct, that on smethin, ecpou nef c; 0 Wan oyctui re° talkleg 4014° the ,Paytuent close tp $200,000 that was?C t paid, The '00 .08,3- ciao b4rs pf the City Cowmission andothe publiscare enticl to know thit this waspito° 0 - 0 oc, 0 ° 0 . 0 00 0 0 6'1 0 0 039, - • a a a 61:4% 4'1'51; 9 - "00 a°°9oC' o a °° C!0'C' ° 'P001° 0.0 paid, lAhink thax's°13 regoest, O ° 0 0 P 00 0 0 0 0 clIt-PL0 0 0 0 00 0 00 0 ng te,qoPto which°w41 hr,ing qut, , 0 0 ° 4 44 g.; We cp. % 0 GO 0 0 0 ca a 0 0 0 0 forty five dayS. o 0. o a,00po.0 oo o0 aaoa ao ?cio - 0 00:0. 0 0:1°. oaa,o8'd 0 e°4°o 42:* 0:0 0°,, lityk o a ago. o ca, e o 000 a fil„ock ° f. fi,3%641.z!'34*Ate,i'ele . o uoo a o aa a ea o Jaitsor.o 90,3% oo o .9* 0 0. *ay. 8°4*.s. * 4 :".13Pe491 01,1;, 00 or O coo P a1140:0134°17 * 00 0a a z 0 0 0 o0 0 o 0 e, 0 0 0 (30 0 o 0 0 c an>t, instrcTo°° 0 1444 ca°routl _ of ° 0 ° �° .4 °0 to vote on this matter. A very important issue is at stake, the contract of owhich0I have no knowledge of whatsoever and which I will like to see before I have 0 the opportunity to vote on this. I understand some of the questions, but I°don't • have knowledge of all of the facts, and I think it would be very unfair,on ny part f`I take,any position, pro or conc, at this point, Therefore, I would 4ke to knot if from this basis, I am allowed by the Charter to excuse myself from voting, car ° abstain}myself from voting at this question now, a ° o o 0 00 • acM °Knoat, The trharter, Mr. La asp provides that no Member shill be ° 'or. °° ° o oti � Fep� on Za ' xivo v ng t eo cons eras of.oni$ own official con tact, b Tr .,e'i r 1.: •l R� �t� 440 era spa t"' a e.fybody, d 1' area . i.I = rota. you a tf i, buy Thee' are o tarryb tp=r6.'6•s 5 iJth ;scan thithgg• that .we ;a.te• into, that in my opi:a • blob these s lack . ° eot p.le•t eo unica't=iOti�°, and 1° t:hirkk we' ire kind bf ;payit notiaeluet eea faor °t•hat, beeause,,`ail° °types; of .unneceaaa`ry ,ques tiona eb a out.,. ° °and stispicioti `°of things that ' fen 1y-arer'•t- so, acid therefore we end up 'paying ase a glee for tot.proper commun°itatioti, a ,lot more than the trouble:` of keeping °€�vervboav advised+' ow, be that at it bay, we're here and the question is what is the Will of the Commiasion at this point? ° Mt, Flutt ner t Maurice, state again for tne,.if you you...° Mayor Ferret I'll tell you t»rhat...let me so we the gavel over to you and put it itt the forts of Mr. 1'lutnmert 1 got it. Mayor Ferret The motion is as follows; "That the manager be instructed to finalize the tlegotiations with Restaurant Associates, on the basis that he has,sub:titted tc us in writing (and we had before -us for some time) which for the most part( just o the highlights) increases the level of percentage that we will be getting (as out- line)Nc.2, We would required that Restaurant Associate spend 5350,000 W`ithi`. a year in improvements°in the restaurant and under the term of the contract spend a million like inthi 1%advents. And all the other things that recently have been negotiated, two em1%oadvertising and the other requirements be incorporated (as outline L`.;• t:,� e,a- naeer's memorandum) and lastly that with regards to the delinquent 5175,C�: t:�st ?.es= taurant Associatesimmediatelypay and come current to that $175,000 or whatever it may be, owe us in back -rent. That, that be put up in the reserve frog which tr.e city' draws for the purposes of those improvement that in previous discussions,,Restau- rant Associates claimeo was the City's responsibility, Wh1cf 1s the Ttlechanlcalr tnt air conditioning, and all such improvements, providing however that we do tiot accept any legal liability, or that we do not accept by so doing the fact that we were wrong, and that we're legally liabel. And that whatever amounts are.used, by Restaurants Associates for this purpose it'll be paying to u�, %aver t:o rucr-.. of five years, at 6% percent simple' increase. I think, does that cover it Mr. Grassie? I so move. will, what was the cottiprothise that tat taove along.. , let me pats the a taotion. Okay. You got the gavel. Mr. Plummer: Rev. Gibson;. ° Mr. Grassie: Is there a second? Mr• Manager, you can live with that? Yes, I think so. Rev. Gibson: I second the motion. Mr. Plummer: Motion seconded. Discussion? Mr. Lacasa: Mr. Mayor... Mr. Plummer: Vice' -Mayor. Mr. Lacasa: Vice -Mayor, before going on I'll like to ask,a legal opinion fro Mr. Knox. Mr. Plummer: Mr. Knox. Mr. Lacasa: Mr, Knox, as you are well aware ►I took over this position today, I haven't had the opportunity to review the agenda, to reviek the material that vas given to me, five minutes before this Commission meeting started. I feel that ° this is unquestionably a controvertial item, and I don't feel qualified at this point O 0 0 °° v i l i h i d i h d „ Cy d o g 6 0 C 0• e 6. ° or°when h#s f ;tang-ia't interest are invotv'ep, pistorlcaly,° brie°r9s,irion.of ° 04�� r°e°°se %Ci`t co is4 on hake bken. thact in iAd v du i °° d;ir�ctltosar' °even ret?totely ° s° .ne rz �'� �_!. ° . •, �. . e3 a ct wr �nter., a '-3; some at>:ers° tha°_ r'�• ,. :,a•'n t i si'on that. th 5 ewer a °tted. `ta af'r✓t �� of ` ifs ° •e�aztiegb°>t°nE. .4., l invpk or ognc r �t ppn�• �' 0e. 5 R"t 7ym'!LV a c/y�R' r o , ` o p G_ e o .. t•-, ..• 2 •• ty 0 T �+. a ° ' o a ° dV. r ° e ° o �° ? ��• .°,�. Ed •,,,..,....„ la 7q�1. {o .fi... ��.bi• '*o : o , + r...• e ° ti e {C• ° .' t+�. i 1, '1 • [ 4• .wo ;Iv "' ° + . • •. o °,;+. �•,; tt ° o t9 ggr P S...F K t 4, f °' t ,. `o � ., •a ., y°. b �4 „ } j � 9. i ° cot r ,,1, • • % .._ <o. . P.t•L ,.": • ��•.ud �,,•���y. (°j rr�ty �.* »..6-. .•^;• "�'. ia °.._..• J._.t. �_ rpt •;o,tgi� £�'� S�tli4gi. _siEf� i .r, • Mt4 ihot.(c6ht4d) ,r,desite to abstain oh the public tedotd►s' Mt:, Lacasat %ell, that doesh't apply to the; because 1 haVe do relationship What= soeVer. Mayor Fetter Vellt Wit a tihute, what that Mang ia,what you'te saying it that he has to Vote oh this, then there is brie of tW6 solutions, Very siffiply, one is either for you to tequest a eotttihuati h, of 1 think you haVe a Very itpottant Phone call that you hake to a'ttettd to itt your officer ($ACIt ItOtt b COMMENT ovr THE plt$L1C I11COith) Mr. Lacasa I'll cettainly be candily. As 1 stated before that;is my position, I just Want to knot,; hoW George, if I were not here, at this point, physically present because 11eaVe, if that is not in violation of the Chatter? Mr, Knout The Commissioners do have an obligation to Vote existor st Orall atteescbththat cot e before them, unless, number one, there is a conflict of reason which in the mind of the individual Commissioner that would treclude the casting of an intelligent vote, Mr, Lacasa: Well, them, and straight to the point I will have them, Mr. Vice - Mayor to request that this Commission postpone this hearing until I am familiar with this situation, because quite frankly I can not vote on this, Mayor Ferret I think that's the right thing. I hate to do this to you, there is a motion and there is a second on the floor. Now, Mr. Knoxcan there be a motion now to table this matter, and when you table it, it automatically comes up at the next Commission Meeting, is that correct? Mr. Knox: Yes, sir, if you tabled it, it will come up at the next Commission Meeting. Mayor Ferre: When would the next meeting be? Mr. Ongie: February, February 8. Mr. Grassier May I just suggest, that if... Mayor Ferre: Does that creates a problem for you? Mr. Fine: Well, I think it's a problem finishall itof us, today,bweaseem�'tow'betsooclose, get started it on this work. and if we could and everyone has it on their mind. If we could deal with this today it would be helpful, I mean is obviously in your hands, but I think it would speed up the work... Mayor Ferre:Well, I'll tell you, I would recommend, perhaps that we go to a roll call, let me see if I can figure this right. The reason for you to walk out, would be... Mrs. Gordon: No, he can't do that. Mayor Ferre: Be can't do that? And if the thing glhadstthrIedvotes,t heow can t vote e on, the negative, no, that wouldn't be fair ei solution Mr, Knox: Mr, Mayor, is the matter that's been Mayor Ferre; Yes. Mr, I.acasa: Let lee ask a question here, is this the first meeting on this reading on this question? Mr* Knox: The matter that is being consider is a resolution, is not a reading or adopted the.first time around, Rev, Gibson': Let me as a question, Si considered a resolution? • W. Grassier Yes, .C9utznissioner? 1 am €greyer getting in trouble, t } .nk all of use. woulo want to work �gv:, .GibsQn�� out,a reasonable solution, '; :hear what you have said, but isn't it ppbs ss ble t att yproceed p-.. •t 11.4t-e �. ..ttit=re is• :a OMbusnees man,. a :bvilder, Y--ou . know, that 9V JAN a81979 RaVt u l iiti�etsEanditig tftote � ifir€ �'tassieohasngivitio eet 'Vout �achit�etV ih totioi`i: the fug under �c dii giving g you cone teptieve of a kited that he 4 s Under !Omit, IS NAYotValle: the wrong with that Father is, what if he doesh+t have three votes bn this do fission to Vote With the Tthtioh, Adv. Gibson: rot Mt, orasaie? Mayor Pertet for this Cotission. Rev, dibsont No, the point I'm Making is,,, Mayor Ferret You and I express an opinion, I presume by making and secohding the bOt on, but that's only two of us. heV, Gibson: But, here is the thing, his reason for not twtantitg US to delay thirty days, because he wants to proceed, what I"tn trying to say to hit is that in the average in stitutioh,ktiowing that you're dealing With responsab1e people, you can proceed to do those things, you knot. you have to do, or put them in tno- tion,it will take you thirty days to do it anyway, Mayor Ferre: Iil] tell you x just thought of another solution, this is an imposi- tion on all the Commissioners and I apologize for it, but on the interest of moving this thing along. Is there any reason why Monday, we couldn't meet for five minutes? Mrs. Gordon: I not available, Mr. Plummer: I got to work, I'm sorry Mayor Ferre: Five minutes? Mr. Plummer No, sir I'm sorry, Mayor Ferret Okay, I'll take it back. Mr. Plummer: You want me for five minutes, tomorrow. I got to be here all day tomorrow , for Pension Board. Mayor Ferre: What's tomorrow? Mr. Plummer: Tomorrow is Friday. I'll meet tomorrow... Mayor Ferre: Did I give you enough time? Mr. Plummer: God, I have been in my office two hours this week, I'm sorry. Mayor Ferre: Mr. Lacasa, would you have enought time between now and tomorrow: to read up the facts, say tomorrow afternoon? Mrs. Gordon: I won't be available. Mayor Ferre: Mrs.. Gordon won't be available. So that's out. Tell me what the solution is. Mrs, Gordon: I think you can bring it out later in the day. • Mayor Ferre: What? Rev. Gibson: She said, to bring it out, later in the day. Mr. Lacasa; Later today I could.,. Rev, Gibson: But you wouldn't have a chance,,, Mr. Plummer: Can I make a good suggestion? I'm sorry for you and your airplane and all the snow your faced with, but I would suggest that someone from staff gets with Mr, Lacasa sometime during this day, They are the ones that are pushing and they are the ones, who, 1 can understanoenbly want this thing finished, but I. have to respect Mr. Lacasa wanting to be familiar with the facts, that somewhere during thin day he giv€. up something and someone from staff sits with him for an hour, brief him, and then he'll just have to come back and ask if there is any further questions if not he agrees or he disagrees' Now that's what 1 would do. 44 d r t .error Mt. Rleppett Wit be glad to daapetate a MI Mayor Pere: tet's rho it that wiay them. MrY PIUMbett 1 don't kft6W anYth1fg else to suggest. 1 teaiiy don'ts Mt, Lacasat Okay, all 1 tan say is that 1'11 do my vety hest, tel tIatk ir, toolietak tion with the staff to get acqua.fted with this situation, however 1 like to say very clearly that if 1 an fotoedat this point with voting on this tasue, and 1 at nOt cbmPletly eatisf {, abt only with the issue as a whole but with my knowledge of it, 1 would have to Vote not And with that understanding 1 have ho objeetioti what- soever, to go into this, this afternoon and 1111 do my very best Mayor Verret Then 1 Will take the motion to the chair that this Matter be tabled into this afternoon, and I think that doesn't require a second. All you need is the vote on it, kght? You can't do that? Mt. Knox: Deferred until this afternoon? Mayor Ferret Deferred, that the item be deferred, continue, hob` that requires a second. Mrs. Gordon: Won't iou just remove your motion? Mayor Ferret The motion is on the floor, With a second and 1 want to leave it that way, so all I really want to do is defer. So we don't lose the motion and the second. Mr. Plummer.: What is needed George,?.Dammit, know what we're trying to do. What are we going to do? Mayor Ferre: I'll make a motion that the item be deferred, is there a second? Mr. Plummer: Is there a second? 'You better second it. Mr. Lacasa: I second it. Mr. Plummer: call 'the roll, on the deferment. Mayor Ferre: Until this afternoon. THE CITY COMMISSION RECESSED AT 12:30 P.M. AND RECOVERED AT 2:20 P.M. WITH ALL THE MEMBERS PRESENT ABSENT REv..G BSON. 8. EMERGENCY ORDINANCE- ESTABLISH; NEW TRUST d AGENCY FL';;D "CHILDREN' S CREATIVE EXPERIENCE " Mayor Ferre: Take up item number 1. Is that controversial? Mr. Grassie is No.1 controversial, or not? Mr. Plummer: Rose, moves it, I seconded it. Mayor Ferre: Mrs. Gordon moves ##1, on an emergency ordinance, Plummer se- conded it. Further discussion? City Manager recommends, call the ordinance. AN ORDINANCE ENTILED- AN EMERGENCY ORDINANCE ESTADLISHING A NEW TRUST AND AGENCY FUND ENTITLED; "CHILDREN'S CREATIVE EXPERIENCE* FOR THE DEPARTMENT OF LEISURE SERVICES; PROVIDING FOR REVENUES THEREINTO DE COLLECTED FROM PARTICIPANT FEES IN AN AMOUNT OF $4 500; AND MAKING APPROPRIATIONS THEREFROM DY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING PRE-SCHOOL ACTIVITY PROGRAMS TIC THE CITY PARRS; CONTAINING A REPEALER PROVISION AND A SEVERADTLITY' CLAUSE. Was introduced by Co Issa.oner Gprdpn and Seconded by VIcg MAPPr plummet for adoption as an emergency uaasurA and dispensing with the regutteugnt Qf reading same pn twp separate days, whlph was agreed to by Ow following VP tRoii caii cortt d) _ AnSt co tiaaioner dose 06rdoa COffini§§iMer Atafido t. Lacasa Vice Mayor J. L. Vitiffineti Jr, Mayor tvtatirice A. Vetre NOES: Node AbStNTt Commissioner (Rev) Theodore It. Gibson t hereupon the Cott iissitin on ntotiott 3f Cddlitit§iftet Gordon and Seconded by Vice Mayor J, Pluthat, adopted Said Ordinance by the following Vote: MS: COMMisSiOner hoseGordon CotitTnissiotier Atfandb E. Lacasa Vice Mayor J. L. Plummet, Jr, Mayor Maurice A. t=erte NOES: None SAI% abINAN_Gt WAS bgSIGNATtrb NOPENCY dttbNNANCE NO. 8887. Tile City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferret Ladies and gentlemen, there are some of you here that are here to receive presentations, of proclamations. We are waiting for Father Gibson the moment we have a full Commission, we have three presentations that We'll be ta- king, 9. ACCEPT GRANT - STATE OF FORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES "RECREATION PROGRAM FOR THE MENTALLY RETARDED". Mr. Plummer: second No. 2. Mayor Ferre: Who moved no.2? Mr. Plummer: Mrs. Gordon. Mayor Ferre: Mrs. Gordon moved, item No. 2, Plummer seconded. Is there further discussion on this resolution. Call the ro111 please. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-9 A RESOLUTION AUTHORIZING THE CITY'MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES FOR RECREATION PROGRAMS FOR THE MENTALLY RETARDED AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR AGREE- MENT(S) TO IMPLEMENT THE PROGRAM. FURTHER AUTHORIZING A NECESSARY OUTLAY OF REIMBURSABLE FUNDS NOT TO EXCEED $15,000.00 FROM BUDGETED FUNDS OF THE DEPARTMENT OF LEISURE SERVICES. Upon being seconded by Vice Mayor, the resolution was passed and adopted by the following vote: AYES; Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L, Plummer, Jr, Mayor Maurice A, Ferre NOES; None ABSENT; Commissioner (Rev) Theodore R. Gibson 46 1979 I tNCY OtbINANtE= A`t ib ttfffoN 1 n oltb1NAlfCE 8/19 1 R 'At3.t SH t!t t } TREgt & _A@ENCY Ptil b "REGREATIbN PR6GRAMt fth HtMtlatt AtTARbtb" Std VEAL" Mayon tenet 1s there any problems with timber Mts. Gordont No, t move it. Mra Plummet! I second it. Mayor t"erte: Alright, moved by Gordoni seconded by Pluttniet. Furthet discussion? Is aft Ordinance, read it. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ING SECTION I OF ORDINANCE NO. 8719 . ADOPTED OCTOBER 26, 19774 THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: " RECREATION PROGRAMS FOR THE MENTALLY RETARDED (3rd YEAR)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF S15,076.00 ; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon and seconded by Vice Mayor J. L. Plummer for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: none ABSENT: Commissioner (Rev) Theodore R. Gibson Whereupon the Commission on motion of Commissioner Gordon and seconded by Vice Mayor Plummer, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner (Rev) Theodore R. Gibson SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8888. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. it, ACCtfl f t;bicAiib►4 of bfttbbt TO OLAUORtON ittAlth Abniotatt CM HAMM 115 ENtth hito Ai ltl,MtNt gt 11 FftAttS COMPANY At36 t b iAIb N. CLAUCt4T014 JR, Fox MA1t3Tbt4ANC . Mayot Ferret Mr.Ciaughton and Mt Prates , are the items that you're not controversial ate they, Mr. Gtassie? Mr. Orassiet t don't believe they should be, at this point,all the items asked for by the City have been tttet, Mayor Ferret What tiuthbet is it? Mr. Grassier No, 32, I believe Mayor Ferret #E32. Well, let's get into it and if it gets controversial, we'll fait for Gibson to come back, will you explain What the problem is all about? Mr, Grassie: This is the acceptance of dedication of a bridge, acceptance by the City and I'm going to ask Vince Grimm, to explain the most of the details to you, ti, they're Mayor Ferre: Mr. Grimm? Mr. Grimm: Is acceptance by the City of the Bridge which now services claughtcn Island and the willingness on their part to continue to maintain the bridge for the next five years, and that's basically what this is, Mayor Ferre: And then beyond that, whose responsibility would it be? Mr. Grimm: It would be our responsability. Mayor Ferre: And how much would that cost? Mr. Grimm: Well, we have no way of knowing, this is... Mayor Ferre: But of course we have taxes,got to pay taxis, Aon't we. And don't have any fire hazards or police problems, or any of the other.... and if we do I hope we do real soon, means that they are building it real quick. Right? Mr. Grimm: Well, remember Mr. Mayor we're now talking about the bridge, not the development on the island Mayor Ferre: They want to dedicate the bridge to the City of Miami and they'll maintain it and keep it for five years and then is our responsability. And hope- fully in five years, that place would be full of buildings that are on it's way or on it's way to have one or two buildings. Mr. Grimm: Well, Mr. Mayor, at the time the bridge was built, it was a requirement that the bridge be dedicated to the public, so what we're doing now by getting this people to carry out amaintenance during the development of the island. Mrs. Gordon: Well, every street that goes into a subdivision is a responsibility of the public body. Mr. Grimm: This is an advantage to t he city, not a detriment. Mayor Ferre: Who is against it? Mr. Plummer: No, I merely said, I have some questions,now, the questions rapidly are getting answered, Mayor Terre; What other questions you got, Mr, Plummer? Mr, Plummer: I would like to know, beyond the five years, l don't accept that pay- ing taxes is a benefit to the City, because we all know that paying taxes to the City doesn't cover the cost of the Municipal services,,, Mayor Ferre; In that place it does, and,,, Mrs, Gordon; VOL J, L,, you know, it a public access point and it's our respon- s.bility, and that's that, 48 JAN 1$1979 Mt%'GrasSie: In Thost oaseas tottabit§i6bet ih Which a developer etedieatet the Street to the City and the City assumes immediate obligation for the n►aiiteiiattde 6f the streets once it bedo ies A OUbiic stteetr in thisbecause of the heavy eotsstttietio i that we ahtieipate on the i'slandi hopefully v ry soon% we, ► - s have asked the deVeio er to attlatie the oblit at tih for the firtt five yeats, that tint §ofethittg that most Deople do% they have agreed to do it, to t:het-e is 5otie advantages to the fifty, but they afo going a little beyond ghat we ask of most people. Mayor Verret Alright, Further question? Mrs, Gordon: I ` i ToVe. Mayor Fertet Moved by Mrs, Gordon, Is there a `second? 141r4 Plummer: Second, Mayor Ferre: Seconded by Plummer, Further discussion? Ca11 the roll. The following resolution Vas introduced by Commissioner Gordon, who Moved its adoption: RESOLUTION N0. 79-10 A RESOLUTION ACCEPTING THE DEDICATION OF THE BRIDGE CONNECTING THE EASTERLY TERMINUS OF S.E. 8TH STREET WITH CLAUGHTON ISLAND, SUBJECT TO THE EXECUTION OF AN AGREEMENT BY THE CITY OF MIAMI AND THE OWNERS OF CLAUGHTON ISLAND TO PAY FOR THE REPAIR OF ANY DAMAGES TO THE BRIDGE AS MAY BE CAUSED BY THE OWNERS, OR THEIR AGENTS, DURING THE CONSTRUCTION OF STRUCTURES ON CLAUGHTON ISLAND,AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: APES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner(Rev) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner (Rev) Theodore R. Gibson Mayor Ferre: Is there anything else that need to come up on an emergency basis, does someone has to catch an airplane, or problems of the nature. You got to catch an airplane...we don't have Father Gibson here and I would advise that you wait until we have Father Gibson. Is there anybody else who has pressing problem? Otherwise we go back to the regular agenda, until Father Gibson arrives, and then we got a presentation to make, to the daughters of the American Revolution on the proclamation to our American History Month and to the Physician's Association of Clinics, Hospitals and Annex (PACHA) Day. Are the representatives of PACHA here? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: P-A-C-H-A, Mr, Plummer; D, A, R. is here. Mayor Ferre; D.A,R,, but we don't have Father Gibson, do you want to do it with- out Fatter 'Gibson? Mr, Plummer; No, no wait for him. 49 JAte It 1979 4 12. tttat AtAMN6 b tNANC€ . /MA §tC. 1 & 6 . aRb 88t8 iNCRRAtt APPROP#ROB SPECIAL P1t0aRAMS t ACCOUNTS SOCIAL SPRV10E PROORAMS Rfl, MAyot PerretNd ,ge' ii take up item to, 451,1 Mt P iu tet t Move it, Hr Gbtdoh: Second it, Mayor Ferte: Moved by nutter, seconded it by Gotdon. Further discussion iteth no. 47 head the otdinatice. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO, 88584 ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIATIONS oRDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 3O, 1979, AS AMENDED, BY INCREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS, SOCIAL SERVICES PROGRAM IN AN AMOUNT OF $4,401; BY DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN AN AMOUNT OF S10,261; AND BY INCREASING ANTICIPATE:. REVENUES, FUND BALANCE APPROPRIATION IN THE AMOUNT OF 533,140(FROM FISCAL YEAR 1977-78 FEDERAL REVENtE SHARING SOCIAL SERVICES PROGRAM UNEXPENDED APPROPRIATIONS); CONTAINING A REPEALER PROVISION AND A .SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 14, 1978, it was taken up for its second and final reading by title and adoption. on motion of Vice Mayor Plummer, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner (Rev) Theodore R. Gibson SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8889 . The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City'Commission and to the public. 13. SECOND READING ORDINANCE- ESTABLISH TRUST b AGENCY FUND "SOCIAL SERVICE PROGRAMS- FISCAL YEAR 78-79" Mayor Ferrer Take up item no.5. Mrs. Gordon moves. Mr, Plummer: Second Mayor Ferre; Plummer seconded it, further discussion? Mr. Lacasa: I'll like to know what exactiy,this means? Mayor Ferre; Mr, Manager? Mr, Grassie; In the past, Commissioner Lacasa, the City has funded its Social Services Programs out of the general fund, what this ordinance does is, instead of maintaining these monfy$ in the general fund, we are #nutting them into a deal- cated fund, so that once the City ?pmmission approves moneys for a speoific Pro- gram. if the program for some reason has a fiscal year which runs the City's fiscal year, the money does not drop off, See what happens when they're budgetting the general fund of the City, we have a very difficult time coinciding their con- tract year, with PVT' fiscal year. What this does is to Preserve their honeys, so 50 , , N 151979 4 Mtz Ora§§ie teont' d) : , thet their tsattey tune its the general l ► in t ht §PetiA1 tuft eeeoutit, nee the City Ceffltieei6itt hee tO iroVet ti Mr. LeeAee: Yee, f underttend, thank ysuI Mayor Verret Furthet dieeueeih?? Call the toll, AN ORDINANCE ENT1TEbffi AN ORDINANCE ESMARLISt11NG A. NEW TRUST AND AGENCY FUND ENTITLED i`SOCtAL SERVICE PROS GRAMS$ISCAL YEAR 197805" APPROPRIATING $552,180 FOR THE OPERATION or SPECIFIC SOCIAL SERVICE PROGRAMS, PROVIDING FOR REVENUES IN SAID AMOUNT; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its firstreadiig by title at the teeing of December 14, 1578, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Tice Mayor Plurtner, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AVES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Terre NOES: None ABSENT: Commissioner (Rev) Theodore R. Gibson SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8890. The City Attorney read the ordinance into the public record and announced that copies were availabel to the members of the City Commission and to the public. 51 Mt, Grasai't; t year with our iiacA1 yea. What this 'dove is it p eaer ea their money as that their money runts in the special trot account enee the City Cettatiissioh has approved it, Mr. Plummer: in other words, eatabiiahing time £undo► Mt:, Lataaat Yes, 1 understand. Thank you, Mayor ferret Ck, further discussion, Cali the roll 6h nett , 5 is it? Mt, Ongie t 5, AN ORLINANCE ENTITLED= AN OttbINANCE ESTABLIS1t1NG A NEW 'TRUST AND AGENCY FUND ENT/TM "SOCIAL SERVICE RROGRAM54 ISCAL YEAR 1978z79''; APPRbPRIATING $552,180 FOR THE OPtkATION Or SPECIFIC SOCIAL SERVICE PROGRAMS, PROVIDING FOR REVENUES 1N SAID AMOUNT; AND CONTAIN1t4G A REPEALER PROVIS10N AND A SEVERA$ILIT? CLAUSE. Passed on its first reading by title at the meeting of December 14, 1918 Was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Vice -Mayor Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following voter AYES: Mrs, Gordon, Mr, Lacasa, Vice -Mayor Plummer and Mayor Ferre, NOES: None, ABSENT; Rev, Gibson, THE. ORDINANCE WAS DESIGNATED ORDINANCE NO. 8890 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 14. SECOND READING ORDINANCE Establish New Trust & Agency Fund "INTERNATIONAL FOLK FESTIVAL" Mayor Ferre: Alright, we are now going to take up item #6,.,. excuse me, for a moment. ( INAUDIBLE) I was explaining that we are waiting five minutes for Commissioner Gibson to be here before we make the presentation. Mrs. Gordon: I understood that one, you spoke slow enough. Mayor Ferrel Ok, we are now on item 6 which is the Folk Festival. Mrs. Gordon moves,... Mrs, Gordon; Yes, Mayor Ferre; Plummer are seconding it? Mr. Lacasa seconds, further discussion on item 6, read the ordinance. Alright, further discussion, second reading, call the roll, 4t; 1t 197 AN ORMANCE t 1 1TLtbx AN ORbI ANCt tgtAttigUINt A NM tkUs`T AND A NC fbgb tNTITLtb "INTtANATiONAL PUR 'Ptgl`IVAle APPROPRIATINd THtRETO AN AMOUNT OP $1 , 7bt PROM tHt aNtRAL PUNN SPt tAL PROMKg Aim ACCOUNTg, t111 115P tVtNl'S; Atb PPOVIDlNd POR ktVPNU S TH IN TO $E COLLtdTtb Ag PROCttbS PROM PPSTIVAL EVEt4Ts5 r O tAtNtNG A RtPEALER P1 OV1 1ON Aft A gtVtRAttLITY CLAttst. Passed on its first teadit g by title at the tneetitig of January 18, 109 was taken up for its second and final reading by title and adoption, Oh ,otior Of Got missiofier Gordon, seconded by CoMtniStiot',er Lacasa, the Otdinarice was thereupon given its second and final reading by title and passed aid adapted by the following Vote: A?Es Mrs. Gordon, Mr, Lacasa, Vice -Mayor Plummer and 'Mayor Terre, Nast None, ABSENT: Rev. Gibson THE ORDINANCE t,}AS DESIGNATED ORDINANCE NO. 8891 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Gorunission and to the public. 15. SECOND READING ORDINANCE - Establish New Trust d Agency Fund "CO"1Nt ITY ECONOMIC DEVELOPMENT DEMONSTRATION PROJECT" Mayor Ferre: Take up item 7. Mr. Plummer: Move it. Mrs. Gordon: This is second reading, right? Mayor Ferre: Second reading. Mrs. Gordon: I will second it. Mayor Ferre: Moved by Plummer, seconded by Gordon, further discussion on 7, read the ordinance. Mrs. Gordon: A large portion of that is the grant money that we received, is that correct? How much was the grant? Mr. Grassier Thirty thousand dollars, Commissioner, Mrs, Gordon: Just to make the record clear that we are not Mayor Ferre; Call the roll, 5 if,,� 1$1979 AN R%INANCE ENTtTRPtim A4 ORDINANCE AMEt 1NG gECTION 1 Of Okbt. MANGE NO, g7n At OPTEb. O'CTORER 26, 10,) T11E SUMMARY GRANT APPROPRIATIONS OR$INA 4CE, Ag AMENbt 1, RY ESTARt 1SI1INO A NEW TRUST ANi ACRNCY VUN16 RNTtTLtb "COMMUNITY ECONOMIC btVELOPMENT bt;MONSTRATtON PROJECT'`, Alb APPROPRIATINO 1 UNbg POR Tilt OPERATION OF SAME IN THE AMOUNT OP $45,000; CONTAINING A 1 EPEALER PROVISION AND A SEVERABILITY CLAti t Passed oh its first reading by title at the meeting of becettber 14, 19/8 Was taken up for its second and final reading by title and adoption. Ott motion of Vice=Mayor Plutamer, seconded by Corna,issioner Gordon, the ordinance Ues thereupon given its second and final reading by title and passed and adopted by the following Vote: AYES: Mrs. Gordon, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: Note. ABSENT: Rev. Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8892 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16. SECOND READING ORDINANCE - Amend Sec. 1, Ord. 8719 Establish New Trust & Agency Fund "EDAD DE ORO CINE-CIRCULO CULTURAL" Mayor Ferre: # 8 .. . Take up item 8 it's in second reading. Mr. Lacasa: So move. Mr. Plummer: Second. Mayor Ferre: This is who? Mrs. Gordon: Second. Mr. Lacasa moves item Mayor Ferre: And Mrs. Gordon seconds, further discussion on second reading for "Edad de Oro Cine-Circulo Cultural"? Alright, call the roll. That's pretty good there Knox, you must be going to school. Ah? Are you learning the rpanich terms? Mr. Knox: Just a little bit. Mayor Ferre; Well, ok, call the roll. Jtf1 j 9 1979 AN ORDINANCE ENTITLED» AN ORDINANCE ANDIblN6 SECTION 1 Of ORDINANCE E/194 ADOPTED OCTOEER 264 1§77, THE SUMMARY GRANT APPRORRt ATIONS ORDINANCE, AS AMENDED, EV ESTAELISt1INO A NEW TRUST ANb AGENCY PUNDI APEROERIAT NO EUNbS FOR THE OPERATION OP THE NEW TRUST AND AGENCY PUND ENTITLED "EDAb DE ORO CINE$CI1 CULO CULTURAL;" CONTAii41NO A REPEALER PROVISION ANb A SEVERAEILIT?'CLAUSE, Passed on its firs reading by title at the meeting of December 144 1975 etas taken up for its second and final reading by title and adoption, On taotion of Cotftlissionat Lacasas seconded by Commissioner Gordon, the Ordinance was thereupon given its second And final reading by tide and passed and adopted by the follot,ting vote: AWES: Mrs, Gordon, Mt, Lacasa0 Vice -Mayor Plummer Arid Mayor Terre, NOES: None. ABSENT: ReV, Gibson, THE ORDINANCE VAS DESIGNATED ORDINANCE NO. 8893 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 17, SECOND READING ORDINANCE - Establish New Trust & Agency Fund "UDAG SECOND .`MORTGAGE HOUSING ASSISTANCE GRANT PROGRA'.1" Mayor Ferre: Take up 9. Mrs. Gordon: I'll move 9. Mr. Plummer: Move it. Mayor Ferre: Moved by Mrs. Gordon, seconded by Plummer, further discussion? Mrs. Gordon: Yes, I just want to talk about. I think it's a terrific idea and a great program. And recently at the State Convention of the Florida Association of Realtors these programs the City is involved in I mentioned and we have set a pace for the State. I really do and in fact, in June there will he a seminar on the State level and I had told them I would try to bring some expertise from our area to that seminar to tell the rest of the State how to do it. Ok. Mr. Grassier Please don't do that. Mayor Ferre: Alright, further discussion, call the roll. Alright, call the roll. 55 AN ORDINANCE ENTITLED* AN ORDINANCE MENDING SECTION 1 Or ORDINANCE NO1 871E ADOPTED OCTOSER 'Rb, 1077, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE., EY ESTABLISHING A NEW TRUST AND AGENCY PUNb; ENTITLED UDAG SECOND MORTGAGE HOUSING ASSISTANCE GRAN PROGRAM; AND APPROPRIATING81,b80,000 POR THE EXECUTION OP SAME, REPEALING ALL ORDINANCES OR PARTS OP ORDINANCES IN CONDUCT HEREWITH; AND CONTAINING A SEVERAEILITY PROVISION, Passed on its €irat reading by title at the meeting of December 14, 1978 vas taken up for its seeond and final reading by title and adoption. On motion of Commissioner Gordon“ seconded by Vice -Mayor Plummer, the Ordinance was thereupon given its second and final reading -by title and passed and adopted by the following vote: AYES: Mrs, Gordon, Mr. Lacasa, Vice -Mayor Plummer and Mayor Perte. NOES: None. ABSENT: Rev. Gibson. THE ORDINANCE WAS bESIGNATEb ORDINANCE NO, 8894 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. FIRST READING ORDINANCE - Amend Sec. 1 of Ordinance 8719 ESTABLISH FIVE NEW TRUST AND AGENCY FUNDS FOR CETA Titles I, II-D, III, VI -?SE & VI Stimulus Projects Mayor Ferre: the Manager's Mr. Plummer: Take up item 10, this is for the small sum of $13,989,991 for recommendation. Who is going to move it? I did. Mr. Lacasa: Second. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll. Ca11 the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUM- MARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING FIVE NEW TRUST AND AGENCY FUNDS FOR CETA TITLES I, II-D, III, VI- PSE, AND VI -STIMULUS PROJECTS; AND APPROPRI- ATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $13,989,991; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice -Mayor Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote; AYES; Mrs, Gordon, Mr, Lacasa, Vice -Mayor Plummer and Mayor Ferre, NOES; None, ABSENT; Rev, Gibson, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Cptn_missipn and to the public, 5. JAN 1;$1 75 i9t P1RHT AEAMNO O v1NANtt g Ands Sec, 1 & 6 or Ordr -8g5g Planning bepartment for outpost of funding Potitioh of "dRAN`rS AAM NISTkATOk IN THE PLM NtN bEPT s" Mayor Ferre: Take up item number 11 on first reading, the Manager tecorn1ends. Mt. Plummer! Move it. Mayor Ferre: Piunitiiet troves, M. Lacasa: Second, Mayor Ferret Seconded by Lacasa, further disctssiott, read the Ordinance. Further discussion, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 8858, ADOPTED SEPTEMBER 28 1978, AS AMENDED, THE ANNUAL APPROPRI- ATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979; BY INCREAS- ING THE APPROPRIATION FOR THE GENERAL FUND, PLANNING DEPARTMENT, IN AN AMOUNT OF $21,602; BY DECREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN AN AMOUNT OF $10,801; AND BY INCREASING ANTICIPATED REVENUES, GENERAL F1ND, SOURCES OTHER THAN AD VALOREM TAX, IN AN AMOUNT OF $10,801 FROM FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; FOR THE PURPOSE OF FUNDING A POSITION OF GRANTS ADMINISTRATOR IN THE PLANNING DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITZ CLAUSE. Was introduced by Vice -Mayor Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Mrs. Gordon, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: 10vr Gibson. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 20. EMERGENCY ORDINANCE - Amd, Sec, 1 & 6 Ord. 885E increase Special Programs & Accounts "5.5 SALARY . INCREASE FOR CITY EMPLOYEES'' Mayor Ferre; We will leave 12 until Father Gibson gets here, 13? Mr, Mummer; Move it, Mayor Jerre; Moved by Plummer, Mr, leacaa1; Second, Mayor Ferre; Seconded by Laeasa, further discussion, read the emergence ordnance, Alright, call the roll, 57 ,,.r a31979 AN ORDINANCE tftinEbA, AN EMERGENCY ORDINANCR A tENIOING SECTIONS 1 AND 6 OP OREINANCt NO, 88581 ADoiftb SEPTMMRER 28, 978, THE ANNUAL APPROPRIATIONS ORbINANCt Pon THE FISCAL YEAR ENbINt StPTEMftR 'SO, I909, AS AMENbtb fY INCRtA$ING TIIE APPROPRIATION PCR TM1E GENERAL VU D, SPECIAL PROGRAMS Ate ACCOUNTS, RESERVE POR EMPLOYEE tmort AND SALARY Ai3.ft,tSTMENTS, tN AN AMOUNT OP $1, 214, 268 t tY INa ASING ANTICIPATtb REVENUES, I`NND BALANCE APPROPRIATION EY $429, 460; SOURCtS OTHER THAN AD VALOREM TAX EY $750,881; STREET LIGATING POND By $24,927 POR THt PURPOSE OF GRANTING A 5,5% SALARY INCREASE Volt THE CITY OP MIAMt At SCME t3ARGAINING UNIT BMPLOYEES, MANAGERIAL AND/ok CONFIDENTIAL EMPLOYEES AND APPOINTED oPP/CIALSt CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, Was introduced by Vice.,Mayor Plummer and seconded by commissioner Lacasa, for adoption as an emergency measure and dispensing with the requirement of reading lathe on two separate days, which Was agreed to by the following Vote! AYES: Mrs. Gordon, Mr, Lacasa, Vice -Mayor Plummer and Mayor Ferre, NOESt None. ABSENT: Rev. Gibson. Whereupon the Couttnission !notion of Vice -Mayor Plummer and seconded by Commissioner Lacasa, adopted said Ordinance ,by the following vote: AYES: Mrs, Gordon, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. SAID ORDINANCE VAS DESIGNATED EMERGENCY ORDINANCE NO. 8895 The City Attorney read the ordinance into the public record and announced that copies were available to member of the City Commission and to the public. 21. FIRST READING ORDINANCE - Amend City Code Chapter 34, n 34-63 PARKING LOT REVIEW BOARD Section members Mayor Ferre: Take up 14, amending the City of Miami Code, reestablishing a Board consisting of seven members appointed by the City Manager, replacing the present five members. It's the Parking Lot Review Board. Why do we need seven rather than five? Mr. Grassie: But this is being done at the request of the present citizens board members simply so that the citizen board members will out number the staff appointments and we don't object to that at all. Mrs. Gordon: Well, what do you want appointed? Mr. Grassie; Well, I don't Commissioner, that's the way you established it before I got there. Mrs, Gordon; Well, let's change it then and we will appoint them. The reason 1 say that isn't because you can't appoint those kind of people, that's ok, but you are already appoint a staff. Mayor Ferre; That's absolutely correct, Mrs, Gordon; And since the citizens involved wants to have more representation, may be they want it from another source, (FATUR GIBSON RETURNED TO THE MEETING AT '2;50 P,r1,) Mayor Ferre; Alright, we will take that up in a moment. Is Father Gibson here? Now, that Father :Gibson is here I would like to ask the two ladies that are here with there daughters of the American Revolution, if they would step forward, please, 55 art l $179 22, PRRSRNTA IONS, 1 LAOUtg AND SPRCIAL 1Ti c s 1, Preset►tatiOn of a service Plaque to Mr, Praaklin C. Williatis, of Property and Maintenance Division, its recognitions of 28 years Of service to the City of Miami, 2. Presentation of a 1?roclatnation designating `Saturday, January 13, 109 as "Physician's Association of Clinics, Hospitals and Annex (PACHA) Day, Accepting the Proclattation will be Drs. Alfredo Sardinas, M, D, , Manuel Campo, M b , Marcel Hill, M.D, , and Tony Alvarea, PACHA is an association which has greatly contributed to the bettertnent of docters completing their internship in area hospitals. 3. Presentation of a Proclamation designating the month of February as "Arnericat History Month", Receiving the presentation will be Mrs. Doris Thieryune, Past Regettt of John MacDonald Chapter of the Daughters of the American Revolution; Mrs, Connie Leech and Mrs, Esther Peterson, current members of D.A.R, . FORMALIZE NEGOTIATIONS WITH RESTAURANT ASSOCIATES BACK RENT - V PROVEMENTS - PERCENTAGE LEVEL ETC. Mayor Ferre: Now, I think we do have a time constraint with Mr.. Fine and Where is Lester? Did he have to catch his plane? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, Mr. Lacasa, I assumed you had some time to look over the material with regards to Restaurant Associates, so now we are going to bring this thing... I think we are ahead and then you vote whichever way you think your conscience speak to. Ok, now, where are we now? Mr. Plummer: Well, we were in at the first status of a motion which you made. Mr. Clerk, do you want to repeat the motion? Mrs. Gordon: That's impossible. Mr. Plummer: If possible. Mayor ,Ferre: I doubt it, that was a real long windedone. That was onE of my classic Ms. Hirai: We did have it and we gave it to the Law Department, Mr, Ongie; We will read it, sir, Mayor Ferre; Alright, go ahead, This is the one that I made Father Gibson second, right? Mr, Ongie; 'yes, sir, Mayor Ferro; So, then you are chairing the meeting now, Mr, Ongie, That the City Manager be instructed to formalize negotiations with Associates on the basis of what he has transmitted in writing to the City GPUission which for the most part inFreases the Iavel of percentage that the City will be getting as outlined, Item 2, which would require that Restaurant A$P00,4teP expend three hundred fifty thousand dollars within a period Pf.ona year on improvements and over the terra of the contract that 1,2 million would be expendf. in improvements, That Restaurants Associates immediately pay,,. 197 Mayor Petrel And thattg nutber three/ Number three, go ahead, Mr, Cngiet one seventy five thousand dollars become current on the back rent and that is to be put in a teserVe for the City to draw upon for itisrOVen►etts es needed su'oh as air conditioning repairs, provided hotsever, that We do not ateept any legal responsibility for eueh a Maintenance and whatever amounts are used fro% this oontingeney for repair over the five year period be repaid at Siu peree1%t simple ittteres't. There was Odle other thing Mr. Mayor, something about one percent advertising Mayor Verret NO, tto, forget that because that's trot gerniahe, that's part of the contract. But there is something you have Hissed there, when t said about legal liability that this would not in our action be adfnission,,, Mt, Ongie: Right. Alright. Mayor Ferre: ,,, of the previous wrong doing, Mr, Ongie: Might, right, Mayor Ferret Ok, On the City's part. Does that cover it Joe? Mr, Grassier I think it does, Mayor. Mayor Ferre: And this has your recommendation? Mr. Grassie: Yes, I think we cat live with this, Mr. Plummer; Any further discussion, hearing none, call the roll, The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 7 -11 A MOTION THAT THE CITY MANAGER BE INSTRUCTED TO FORMALIZE NEGOTIATIONS WITH RESTAURANT ASSOCIATES ON THE BASIS OF MATERIAL PREVIOUSLY SUBMITTED TO THE CITY COMMISSION IN WRITING, SUCH NEGOTIATIONS TO ENCOMPASS THE FOLLOWING: I. THAT IT WOULD INCREASE THE LEVEL OF PERCENTAGE THAT THE CITY IS GETTING; 2. REQUIRING THAT RESTAURANT ASSOCIATES EXPEND $350,000 ON IMPROVEMENTS WITHIN ONE YEAR AND $1,200,000 OVER THE TOTAL LENGTH OF THE CONTRACT; 3. FURTHER REQUIRING THAT RESTAURANT ASSOCIATES IMMEDIATELY PAY $175,000 IN BACK RENT AND BECOME CURRENT, AND THAT THIS AMOUNT BE PUT IN A RESERVE ACCOUNT FROM WHICH THE CITY CAN DRAW FOR NECESSARY IMPROVEMENTS/MAINTENANCE OF THE FACILITY, PROVIDED HOWEVER, THAT THE CITY DOES NOT ACCEPT, BY SO DOING, ANY LEGAL RESPONSIBILITY FOR SUCH MAINTENANCE, AND THAT WHATEVER AMOUNTS ARE EXPENDED FROM THIS RESERVE ACCOUNT FOR REPAIRS/MAINTENANCE OF THE FACILITY SHALL BE REPAID TO THE CITY OF MIAMI BY RESTAURANT ASSOCIATES OVER A 5-YEAR PERIOD AT SIX PERCENT (6%) SIMPLE INTEREST. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- AYES: Rev. Gibson, Vice -Mayor Plummer and Maypr Ferre, NOES; Mrs. Gordon and Mr, Lacasa, ABSENT; None. ON ROLL CALL; Mayor Terre;, I vote yes, I think I ,can live with that, Nre, Gordon; I'm going to etate'that Mr, Connolly put the eobject before us, I receives infPrwation at public hearinge and prior tQ that; a day or two before received so a Written information, Since then I have received .eonaiderably more informations SP;ne of which -eaves me with great ,doubte in my mind about so J < I$197 the it o ftiiiio t supposed iose over the years, would like to see the City receive the beok rent, if eby Modifieatiots are then Wade it the ieaae, then would be made after receiving the back tent and to 1 Vote no. Mr, put et: Let tie.tz wait a blnute, Wait a minute, l'h hearing something from Mrs. Gorden that t don't understand. §he is stating that the bank rent is Mt being paid, your Motion said that the back „ , Mrs, Gordon: yes; he is just saying it'e going to be put into a trust and he eet't use it and they can draw upon it aeeotding to the... Mayot Pefte No. Yes. No, ho. Mr. Plummer: Oh, rio, the baek tent is being paid, Mayor Ferret The back rent of a million. a hundred seventy-five thousand is being paid. Mr. Plummer: Yes, sir, Mrs. Gordon: But I heard that it's going into a trust and that trust cannot be used by the City , Mayor Ferret No, no, no, I didn't.., there is a motion made about a trust? Mr. Ongie: I understood it was to go into an escrow fund, yes, sir. Mayor Ferre: Well, ok, let's amend that then, to say that when we get the back rents paid of a hundred seventy-five thousand, then as they need the monies for work done, for air conditioning and other things of that nature, then we would advance those monies. Mrs. Gordon: Well, that's what I object with that. I don't think that a company to have a loan from the City's taxpayers along on that and that's whyI'm not vot Mr. Plummer: Continue. Mr. Ongie: You were the last one, sir. Mr. Plummer: Yes. to Mr. Mayor, I would not go along of the stature of this company needs . I object to that, I just do not go ing with the motion. Mayor Ferre: Alright, we are now on item #f14, an ordinance on first reading. Let me ask you this. Can we skip over 14 and 15. ? Is there anybody here on item 15, on item 16, 17, 18, 19, 20? We will come back to these later on. Now, we are now on item.,. we are down to 21. 24. ORDERING RESOLUTION CITY WIDE SANITARY SEWER EXTENSIONS SR-5458-C Mayor Ferre; Now, we are at the public hearing which is item 22, Is there anybody here that wishes to speak on behalf of the City Wide Sanitary Sewer Extensions Improvements on Flag1er Street? You, sir? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre; Alright, Mr, Grassie who is going tQ cover this, Mr, Grimm?? Mr, Grassie; I'm sorry, sir? Mayor Ferri; We are on item 22, I'm asMog you who is going to covor this, is Vince going to do that? 61 to 519 Mayor Vette! §afiltdity StWet Fiagler Street? Mt* Orattiet bon Cathet, the bitectot Of Public Works will covet it, Mt, Mayor, Mayor Parte: tOti Ate you ready ti5 make A atatementl Mt. drAttiet bon Cattier. Mayor Vette: 1 Mean bal. Mr. Cattier! The City Wide Sanitary Sewer Extensions itprovemetitt on Hagler Street. The ettitated construction it three hundred fifty thousand dollars, the expenses are fotty..fiVe thOUsand. Rev, Gibson: Use the mike, Mayor Ferret 1 thitk it would be better if you turned it on. Mt, cathet: The total is three hundred ftinety,,,five thousand, five hundred dollars, The City's share Would be two hundred thirty thousand, eight hundred and the property owner's share would be one hundred sixty-two thousand, seen hundred, The assessment pet front foot is eleven dollars, per lateral will be six hundred fifty dollars, a typical front foot lot for fifty feet would be twelve hundred dollars. There are a hundred fourteen properties involved, fifty-three hundred people are served and the property owners were sent out on January 5, 1918 one of the proposed improvement8, zero objected and one was undecided, Is there anything else you would like to know, sir? I have a map here of the area. Mayor Ferre: Alright, are there any members of the public who wish to be heard on this? Does anybody wish to speak on this item on Flagler Street? Does anybody wishes to be heard on this item? This is a public hearing, does anybody wish to address the Commission? You do. Yes, sir? Sir, you have to stand by the microphone and you have to state your name and address for the record and make your statement. No, the other microphone. Mr. Kassin: My name is Harold Kassin, K-a-s-s-i-n, Flagler - Ponce Realty Corporation, 3636 West Flagler Street. I would like to say that I'm in favor of the sewers being installed on Flagler Street because I understand that the street is going to be towed and repaired and beautified and I think that if this is going to happen it would be a very good time to lay the sewer pipes between 27th Avenue and Lejeune Road where the street is going to be towed anyway. I think that would save the taxpayers money to put the pipes in at the time of the beautification improvement, rather than delay this and then have to tear up the street at a future date. Mayor Ferre:, Alright, sir, thank you. Any comments from the administration? Mr. Cather: I would like to say thatwe are putting this sewer in here now because we want to get it in the ground before the County improves Flagler Street. Thank you. Mayor Ferre: Ok. Further comments or objections on this item? What's the will of this Commission? Rev. Gibson: Move, Mayor Ferre: Father Gibson moves, is there a second? Mr, Plummer: Second, Mayor Ferre; Seconded by Plummer, further discussion on item 22, the Manager, recommends, call the roll, 62 JIM. 1$ 1979 The following ing reeoiution wins introduced by Commissioner Oibton, who moved its Adoption; RESOLUTION NO, /9.42 A RESOLUTION CONFIRMING ORMING RESOLUTION NO, 78496 Alb AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SRALEU RtbS FOR THE CONSTRUCTION oP CITY t4lbE SANITARY SEWER EXTENSIONS It ROVEMENT M AUER STREET SR-5458C (centerline sewer) tN CITY WIDE SANITARY SEWER EXTENSIONS /MEttOVEt ENT t)ISTRICT t✓LAGLER STREET SR-S458.,C (centerline sewer) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Vice -Mayor Plummer, the resolution was passed and adopted by the following vote: AYEst NOES: None, Commissioner Rose Gordon Commissioner Armando E, Latasa Commissioner (Rev,) Theodore R, Gibson Vice -Mayor J, L, Plummer, Jr. Mayor Maurice A. Terre 25. ORDERING RESOLUTION - AVALON SANITARY SEWER IMOVEMENT SR-5452-S 04, Mayor Ferre: Now, we are on item 23 which is the Avalon Sanitary Sewer Improvements. Are there any speakers on that one? Does anybody want to address the Commission on item f23? Do you want to give us a brief description Mr. Cather: Yes. The Avalon Sanitary Sewer Improvement, that is the area bounded by S. W. 26th Street on the north, the;F.E.C. Railroad on the south, S. W. 32nd Avenue on the east, and on the west by S. W. 37th Avenue. I have a map here which describes it if you would like to see it. The construction is estimated at a hundred fifty-six thousand, the total will be six hundred seventy-six thousand dollars, the City's share is forty-seven thousand and the property owner's share would be eight hundred eight thousand, six hundred thirty for these two improvements. This is items 23 and 24. Each are going to consist of both sideline and centerline sewers and there are six hundred sixty-four properties involving fifty-three hundred people served.There were three wanted it and zero objections. And this will be in progress the same time as the adjoining tie-in to South Bay Sanitary Sewer Improvements. Mayor Ferre; Alright, further discussion? Mrs. Gordon; Yes, I just want to make a comment because I know the necessity of proceeding with things of this kind when we have to move that way, but I believe when you get to the point where you are making a contract, whoever becomes the bidder and gets the bid, that they be made to understand that they have to minimize the inconvenience to the neighborhood, These contractors are appalling to me in many instances, Such as the one we dealt with recently from Mr, , they take the attitude that they can do anything they want and you know, everybody has to bear with them for whatever they want, to do, for whatever length of time they want to take to do it and that's it, And I can tell you richt now,_and I want to put in on public record, There is a „whatever construction job starting in the vicinity of where 1 live on bayahore and Crystal Court, there is a vacant piece of property that they never even got permission ft" the owner Qf the property and they are using it to pile large sts'res of trash and garbage and it's an absolute site to see on South bayahore Drive, Now, 1 hadint said anything here because you know, 1 have to tolerate it 63 J Ate ;I $ 979 because 115 A belfliMiMiOner, t hake to toidrate a lot, but it'd itlotedihie that we don't you knot, at least itok but for the i terest of those people who ate Doi is3 to be s � i.ncr nuehiet+" d Ana t ia� csi : thedfa tei Yh tcc khot4y r to ao ryi but this is the way we ate going to d6 3t any of Mtt Cathert Thank you, Mayor Pertel Ok, any other of tents] bogs anybody else r aht to speak Oh this item/ This is iteth #23 oht;e again, the Avalon Sanitary Sewet Improvement, without further discus theta is there a Moti tt? ReV, Gibson: .MoVe. Mayot Ferret Moved by Gibson, is there a second? Is there a second to item 23? Mr. Plummet: Second ► Mayor Ferret Seconded by Plummer, further discussion, call the toll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 79-13 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 78-791 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF AVALON SANITARY SEWER IMPROVEMENT SR-5453-C (centerline sewer) IN AVALON SANITARY SEWER IMPROVEMENT DISTRICT SR-5453-C (centerline sewer). Upon being seconded by Vice -Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 26. AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: AVALON SANITARY SEWER IMPROVEMENT SR-5453-S Mayor Ferre: We now have a public hearing confirming and ordering Resolution No. 78-791.1 and authorizing the Clerk to advertise for sealed bids for Avalon Sanitary Sewer Improvements., Does anybody want to speak to that, if not, Plummer moves, Father Gibson seconds that we advertise for bids. Further discussion, call the roll on'item'24. The following resolution was introduced by Vice -Mayor Plummer, who moved its adoption; RESOLUTION NO, 79-14 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 78-791..1 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIAS FOR THE CON- STRUCTION OF AVALON SANITARY SEWER IMPROVEMENT SR-5453,-S (sideline sewer) IN AVALON SANITARY SEWER IMPROVEMENT DISTRICT SR-5453-5 (sideline sewer) (Here follows body of resolution, omitted here and Pn file in the office of the City Clerk),, 64 Ji.i a 1979 Upon being eeoaoded by C3mmiesionet Cibea , the reaolut.oh ids Pagaed and adopted by the following Vote; A�€ NOES: None, CoMMIA§ biter Lose cordon Commiesidnet ArmA! do Ri tacasa Co iesioter (ReV4) Thebdare Rs Gibson Vi t#,Mayor 3, 1.4 Rlufimier4 Jr. Mayor Maurice A, Rerte MST READING ORDiNANCE AMEND CITY CODE - Chapter 56 Require each Taxi Cab licensed in City to have "DROP 8A' Mayor Ferret Now We are going to take up item 1I18 because there is a policeman here,frChaptero56hofitheecitysbyhat right, providing ar, Matager? This is new section requiringnthatieache Taxi Amending h Cab licensed by the City of Miami be equipped with a device known as the Drop Safe. And my first question to you Sergeant is why not also have a protective shield, you knows, with the plastic like they do in New York and some other places?? Sgt. Campbells Well, Mr. Mayor, there is an ordinance being written at this time and it's in the City Attorney's Office, The ordinance didn't get on for this Commission Meeting. The Police Department would recommend the use of the Drop Safe. We have found it to be.., trie one item that was successful. Mayor Ferret I have no problem with that, I'm all for it, but that's not the question. My question is why not also, the barrier glass between the driver and rider? Sgt. Campbell: Well, sir, we do have an ordinance being written now. It's just not before this Commission. Mr. Knox: Yes, sir, there is an ordinance being drafted at this time, that will be presented at the next meeting. Mayor Ferre: Is it going to have your recommendation, Mr. Manager or have the Administration's recommendation? Mr. Grassie: I can't tell you that without talking to the Police Chief. "'.y understanding Mr. Mayor, of the circumstances so far, are these. The Police Department has in conjunction with the industry looked at this question of how to best protect the drivers for a period of months. The recommendation that has come from the department to me is the one that you have in front of you and that is, that we adopt the Drop Safes, I understand now from the Sergeant that we are again, considering the question of shields. As soon as I get a recommendation from the Chief, I would bring that to you. Mayor Ferre: Alright, are there any members of the public that wish to be heard .on this item. Rev. Gibson: Here is a man, Mayor Ferre: Yes, sir. (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre; Now, I tell you, why don't you come up to the microphone so we can get your name and address. Mr, Kemyatta David Kemyatta, President of the United Cab Drivers Association We support the bullet-proof shield, We have records, they are documented, stated there is five pities through -out the United States that have used the ahield very effectively, New York, Detroit, Chicago, Cleveland and San Francisco, as welU as Chicago where they have the shield and .t reduced the robberies and it protects not only the driver, it protects the public as well, And we feel 63 1071 that the shield is nedessary to proteet the driver, the safe alone Whit do it, both together Mould be effective. the eost would Only run about, May be, three hundred ten dollars and i think it's very teason to protaet the limes Of the drivers and reduce the robberies s Mayor Pare! Mt, lefyatta, you tepreseiit the people who's litres ate at stake ih this 'because you tepresetit the drivers, don't you? Mr. kettyattat Corte -et, Mayor Ferre: And you are ?ow telling us about the will of the people that you represent, in other t. ords, for' the people that are i['lvolved, Is that correct? Mt. kehyatta: That's correct. Mayor Ferre: Alright, and 1 think 1 would... Now, I can't speak for the Police Chief,ot for the Manager, but I certainly... they would have a very hard tune convincing The otherwise. Now, because 1 have seen it operate in New Fork and I know that the shields are an important protective device, And I think they are terrible because you can never speak to the driver and they ate very hard to deal with, but I'tn sure it's from a psychological point, if nothing else, Mr. Kemyatta: Well, they might modify the shield where that you can speak to the passenger from the drivers side, If they have holes up top, holes on the side, in fact, I have copied... I would like for you to take a look at,.. Mayor Ferre: But I know,... I mean, I have seen them. Yes, pass it to the other members of the Commission. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, I think what we ought to do, if it's alright with you Mr. Kemyatta, is to move along on item 18 which is the Drop Safe, which you are in agreement with and then we will... the Manager will have a recommendation hopefully, by the next Commission Meeting. Is that correct Sergeant? Sgt. Campbell: Excuse me. Mr. Mayor, let me just reiterate one point. At the Police Department we have to recommend the thing that we find will work best... Mayor Ferre: I agree. Sgt. Campbell: ... and the Drop Safe has proven to be a good method of reducing the robbery rate which in terms less drivers are getting hurt if we can take out the element of robbery. All of our staffs have proven that the shield has not reduce the rate of robbery. Mayor Ferre: Is that a conclusion on your part now? Are you recommendingagainst it? Sgt. Campbell: No, sir. No, sir. I have a report that was written in Los Angeles, Chicago, New York and the recommendation of the report states this in the report, also, the shield only gives one quarter protection, they can come anywhere around. It's been proven in your Metro buses that the Drop Safe has worked, beer trucks, whiskey trucks and all that. Mayor Ferre: That's not what we are discussing. I didn't even get the consensus of this Commission on the Drop Safe touch less... and the question is one, when will we have a recommendation about shields? Two, what will that recommendation be? Do you already have a conclusion on it? And if you don't have a conclusion when we get under conclusion.,. we will discuss it then, Mr, Kemyatta, Mr, Grassie: We do not have a conclusion at this time, The Sergeant is indicating, I think, that the department has statistics indicating what has happened in other cities, I cannot tell- you at this time when the department will have a recommendation, but certainly I will indicate to the chief that there is a .concern and question being raised and as soon as they are ready with a report, we will bring it to you, Mayor Ferre; Fine, And then would you also advise Mr, .}eryat_ta so be can be present for the discuss at that time, 66 JP,' is 1 79 Mtn, draaaie: i will oak the depatt1eat to do chats Mayas Vette Fite, thank you, very much Mrs, Oordot : H#aa the roil been oohed? Mayor Farce: We haven't had a root ott yet, Mrs. o8rdotit Doyou cunt a Matiar oh 'that, air? Oki let's Make a trhotion acid t'ii Move its Kett. Gibson: MoVedi Mayor Farra t NW) there is,,, saved by,. , Mrs: Gordon; Father Gibson and t second, Mayor Ferret , .. Gibson, seconded by Gardoi, further discussion Oft 18? Would you read the ordinance? Alright, call the roll, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 56-3O OF THE CODE OF THE CITY OF MIAI•MI, FLORIDA, AS AMENDED, BY REQUIRING INSTALLATION of A CONTAINER OF STEEL CONSTRUCTION FOR HOLDING MONEY, OTHERWISE KNOWN AS A "DROP SAFE" OR "DEPOSITORY", IN ALL TAXICABS WHICH OPERATE UNDER A CERTIFICATE ISSUED BY THE CITY, IN THE FRONT PORTION THEREOF, AND PROVIDING FOR THE DI.MENSIONS OF SAID CONTAINER; REQUIRING THAT THE LOCK PROVIDING ACCESS TO SAID CONTAINER HAVE DUAL KEY CONTROLS; REQUIRING THAT THE CONTAINER DOOR $E EQUIPPED WITH AN AUTOMATIC RELOCK DEVICE; FURTHER REQUIRING THAT ALL TAXICABS EXHIBIT DECALS OR SIGNS ON THE EXTERIOR' OF EACH OF THE VEHICLE'S REAR DOORS NOTIFYING THE PUBLIC THAT THE TAXICAB HAS A DROP SAFE AND THAT THE DRIVER HAS NO KEY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE, Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members'of the City Commission and to the public. Mayor Ferre; Now, we are on item 4, Rev, Gibson; Mr, Mayor, while they are here. 67 ' .! 18 1979 • • 28, DIkUssION Of Mt110 PROPO8tb allotNANCE ktOULATTNo TalCAts WHtcH Woltb tLIMtNATE CONTROL tY MUM/C/PAttttt8 Mts. Cordon! Ok, I will have the Manager bring td the MayOr/s attention and you have to 8sign somebody to it. TOtheittOW at 10 o'clock there will be the first meeting tO discuss the proposed ordinance change by Metrbpolitan/bade County. It's assuming control of takitabs by Metro and t't hbt able to, go, Itt conducting Meeting here tomorrow for the Pension Hoard. Would you assign someone then, to attend this meeting and I will. turn this over to you? Mayor Ferret Who would like to volunteer? Mr. Plummer: / got a Pension Meeting tomorrow, Mayor Ferret You've got what? Mr. Plummer: I got a Pension Meeting. Mrs. Gordon: Mr. Lacasa as got more free time than we do... Mayor Ferre: Well, Mr. Lacasa, I guess you have been volunteered. Mrs. Gordon: Hey, we volunteered you. Mr. Lacasa: I got a meeting tomorrow, Mayor Ferre: He has,a meeting..He has got a meeting at the big white house. Mrs. Gordon: Well, I suggest the Manager take care of this and see that, may be Mr. Merrill can attend. Rev. Gibson: Mr. Mayor? Mayor Ferre: Yes, sir. Rev. Gibson: I would hope we would send whoever is going to represent us with some directions. Mayor Ferre: That's a good point. (BACKGROUND STATEMENT INAUDIBLE) Rev. Gibson: You see,... Sir, don't you leave. Is that Sergeant? Don't you leave. I'm very concerned that what is on the scene and on the horizon is that Metropolitan/Dade County wants to and perhaps would like to control the taxi business even in the City of Miami and to me it's a serious matter. Sgt. Campl,e11! It wnuld he a hio mistake Rev. Gibson: You see. And I would hope that we send our representative, whoever he is, with a direction. Mr. Grassie: Well, would this Commission like to take a position on this at this time? Rev, Gibson: Well, I don't know about the rest of them, my position is I don't want it done. Now, you tell ne how I get the rest of you to take, Mrs, Gordon: This is an information session tomorrow for discussion, I guess each person going want to know,,, Mayor Ferre; Nothing is, going to happen tomorrow, but their discussion and they are not going to be voting on it, are they? Mrs. Gordon; No, 68 j 1 I 1179 Rev: Cibaois tut, tIt: Mayor, thay MOM already Maaaed a tesolutiof and taken the first vote, Ask11 fan t that right: air/ tot, tamnbeil: Weil, air, i waa at the County CoMMiasion Meeting and they wouldn't let anybody talk and they acid they were going to have first readings and nobody could speak. Arid there they are supposed to go back Marth 20th for an open hearing. Now: the Taxi Association and their Adhoc COMMittee report that it has retained Mr, Fteeian to appateht1y try and fight this, Mrs. Cordon: Well: what's happening tomorrow, is a meeting Maurice, of the setup by the League of Cities to discuss with the other cities the issue of. the ordinance, Now: the reptesetttative that We send have to go and speak as a peisoti from this city to other cities to decide then what attion will be taken by the Various municipalities, Mayor Ferret What time is the tneeting, Rose? Mrs. Gordon! 10 o'clock, A letter will be given to you in a minute,.. Mayor Ferret Alright, Evidently, there is nobody iti the Commission that's going to be available tomorrow at 10. Mrs. Gordon: Clark Merrill has been very active... Mayor Ferret the Sergeant alright, Mr. Mr. Grassie: just so that adopted this Rev. Gibson: But, I think we ought to have Clark and perhaps you might want to go With you and I think that would be appropriate. Is that ?tanager? Certainly, we can have staff there Mr. Mayor. I do understand, ... for your information; I do understand that the County has on first reading... Sure. Mrs. Gordon: 0n first reading? Rev. Gibson: Sure. Mr. Grassie: The ordinance has been adopted on first reading. Rev. Gibson: Right. And let me say this, that the Policy Committee of Mass Transit addressed this same issue and that's why I'm saying to the Commission you need to make your wishes known because we can... we are supposed " we are supposed to" have control of Mass Transit and all the transit in this County, don't let anybody fool you. Mayor Fevre: Alright, further discussion on that item? Now, before we move along I may as well put on the record, tell you Mr. Manager that I had a very nice conversation with the Governor this morning and I requested that he give us a morning sometime for us to have a public meeting with him or a meeting... I will just deal with, to the press and therefore, public in which we would discuss with him the three or four key items that we as a City are interested in and the City of Miami are interested in. He told me he definitely wanted on the agenda the whole discussion on Dupont Plaza and the tunnels and the bridges. And he said that the other subjects certainly would be whatever we thought was appropriate. Now, he said he would be willing to dedicate as much time as needed to do a proper job. I indicated to him about how busy it is these days and we wouldn't want to take more than two or three hours each time and he would be willing to come to Miami for that purpose. I think the place to do it is down at the DDA Conference Room where we have maps and drawings and three dimensional stuff and what have you. But, I would love very much for you to prepare a proposed agenda and for it to be discussed at this Commission Meeting February 8th, so that we could all come to an agreement as to what the items are we are going to talk to the Governor about. Ok? 69 20, FIRST I AD1Na ORDINANCE AMehd 1 of 'Ord, 8888 keitnbttt se Dept of Thufiat Ffotfiotibti Uhivefaity (Florida API) Otange Bowl B115ss15t; Ciassit Football Gage Mayor Ferret NOW, the nett iteh is Father Gibson wants to trove itet 4E12 Which is the Florida A & M Uri vefsity MUM' Orange,Blossott► Classic Football Gabe ih Which We art increasing the appropriation for Tourist Prohotioh by thirty,- five hundred dollars and Mr, P1utt>t»er will second that motion, Wound you read the ordinance, please? Alright, call the, roll. AN ORDINANCE ENTITLED, - AN ORDINANCE AMENDING SECTION'I OF ORDINANCE NO. 8858, ADOPTED SEPTEMBER 28, 1978, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, TOURIST PROMO- TION, IN AN AMOUNT OF $31500; AND BY DECREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE -CITY WIDE EVENTS, IN THE SAME AMOUNT; FOR THE PURPOSE OF REIMBURSING THE DEPARTMENT OF TOURIST PROMOTION FOR THE PROMOTIONAL ASSISTANCE AGREEMENT WITH FLORIDA A & M UNIVERSITY FOR THE ANNUAL ORANGE BLOSSOM CLASSIC FOOTBALL GAME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Vice -Mayor Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: Did we vote on 11? Mr. Ongie: Yes, sir. Mayor Ferre: Alright, Father Gibson? Mrs. Gordon: You know, we never had any discussion on 11, it. I don't know how you all feel, you all voted with it, because the amount of money we are allocating for a Grants my opinion, is a small investment for a big possibility of know, that's not spending, that's investing. Mr. Plummer; I'll buy that. I can live with that. but I'm.in favor of but the reason is Administrator in a return. So, you 0 °' $1 7 S0 t!R(E bAf)E COUNT SCHOOL ISNIA10 NOT TO ELititNATE MAN SCHOOLS Rev, Gibson: Mr, Mayor, the attorney as the resolution, 'sir, may be he will be glad to read it, Mayor -Verret Alright, Mr. Knox, would you read the resolutial that Father is discussing with regards to Booker T. ? Rev. Gibson: Booker Washington, , Mr. Knox: Yes, sir: At your workshop session you directed the City Attorney to prepare a resolution itt regard to Looker T. and I will read the title into the record. (THE CITY ATTORNEY READ THE RESOLUTION INTO THE RECORD), Mayor Ferret Alright, moved by Father Gibson. Is there a second? Mr. Plummer: Second. Mayor Ferre': Seconded by Plummer, further discussion, call the roll, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION N0, 79-15 A RESOLUTION STRONGLY URGING PROMPT AND FAVORABLE CONSIDERATION BY THE FLORIDA DEPARTMENT OF EDUCATION OF THE PENDING APPLICATION FOR FUNDING APPROVAL OF THE CONSTRUCTION OF THE NEW BOOKER T. WASHINGTON SENIOR HIGH SCHOOL AT 1200 N.W. 6th AVENUE, MIAMI, FLORIDA, AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF THE HEREIN RESOLUTION TO THE PROPER STATE OFFICIAL. (Here follows body of resolution, omitted here and in the Office of the City Clerk). Upon being seconded by Vice -Mayor Plummer, the resolution was adopted by the following vote: AYES: NOES: None. FURTHER DISCUSSION: Mayor Bette: Now, resolution that we other two schools. Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre on file passed and Father, I wouldn't want to weaken the strength of this just passed, by passing the other resolutions about the But, however, I would like to request for you to pass a,.. Rev, Gibson; Similar,,, Mayor Ferre; .,, broader,., not as specific as this, so we don't want to give it as much weight., But l say that we have that problem with Robert R, Lee. School and the Ada Merritt School and 1 think we ought to kind of go on record that we are concerned, Rev.,Wagon; Yes, sir, I would be delighted to offer such 44,, mayor ferra! Father mbaaft ao mita. mt. tacaaa! §acond. Mr. Plummer: Second. Mayor Vette! Aitighti it was seconded by MrIiii Mr. Plummer! Latage4 Mayor Vette! se4 //stags. further discussion/ 16t the meffibeta of the public the... I guess kibd of what ute ate doing hete... the State is going tO title it the heXt Week 6t two as to whether 6t tot they tiassify tooket T. Washitigtoh, Ada Mettitt afid RObett t, teet,, 72 s 197S Mayor Vetret Pathet" Oibsaa ab eaves. Mt. Lacasa Second. Ott, Plummet: Second. Mayor Pete: Alright, it was seconded by Mr.... Mt. Plummet: Lacasa. MayorPorte: ...Lacasa, further discussion? For the tnetnbers of the public the...I guess kind of what we are doing here... the State is going to rule in the nest week or two as tb whether or not they classify $ooker Ti trlashington, Ada Merritt acid Robert E. Lee Junior schools is such category it teats that to statehent is to be expected On it for improvements. irnventually, they would be paid that in full. That, -of Bourse, will leeve the City of Miami with three less Junior High schools which we think is very itnportaht for the Well being of the future in our community; itts a very 'very itnportant item in the future of welfare for the people of this community. Alright, call the roll. The following motion was introduced by Commissioner Gibson who moved its adoption. MOTION N079--16 A MOTION URGING THE DADE COUNTY BOARD OF PUBLIC INSTRUCTION NOT TO CONSIDER THE ELIMINATION OF THE FOLLOWING SCHOOLS WITHIN THE CITY OF MIAMI: 1. BOOKER T. WASHINGTON SENIOR HIGH SCHOOL 2, ADA MERRITT JUNIOR HIGH SCHOOL 3. ROBERT E. LEE JUNIOR HIGH.SCHOOL Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr., Mayor Maurice A. Ferre 73 -'�; $$ fin PEMONAt APPLAIANCE! &lady§ trOWn "MO HEiCHT§ CAM E/CMORINt MCCAW" MAW Pare: NOW We Ate at itn 25 Which it the nertOnAl AppeArAnte by Mrt. ClAdyt train, president Of the Martin Lather King NeighbOrhOod AAAACiAtin te) du tt to its pArticipAtion plant of King Heights Greet Neighborhood ProgrAt. Mrs, trOWn. Mrs. Brown: tkcute the. Mayor tette! bo We heed those lights how, Julie/ Thank you. There is always a friend bow about one more, now About two tort) About three tibte? bnidehtified Speaker: No, they put it Again,. Mrs, Brown: Mayor Ferre and members of the CoMMitsion, my hate is Mrs. Marie Ernaridt live at 1100 N. W. 61 st. Street, I'th speakitsg ot behalf.../st given a presentation on behalf Mrs. Gladys trown who is President of the Martin Luther King Neighborhood Associatioh. We want to thank you for this opportunity to discuss citizens participations as it pertains to the King teights Great Neighborhood Program. 1would like to begin by directing your attention to the followitg quotation in your cover letter. This comes from your City of Miami Great Neighborhood Program , it reads, and I quote:" Experiments ih residential rehabilitation in other areas of the country have shown that no matter how well conceived and carefully planned a government's revitalization effort is, it ViI1 not take hold unless the residents directly affected bv it are involved ArH carried nn the troaran wi- enthusiasm". To the Martin Luther King Neighborhood Association these were the long overdue but a welcome addition because they thought it substantiated what we've been saying all along that specific neighborhood revitalization policy and decission making powers should be redistributed and shared with neighborhood groups or as HrD's Secretary Harris has said and I quote: "One of HUD goals as to increase the capacity of neighborhood organizations, to participate in revital- ization of nation's cities. If revitalization efforts are to succeed, an effect -iv( partnership most be created between local government and neighborhood groups". Mayor Ferre, members of the Commission, the Martin Luther King Neighborhood Association is here this afternoon because we know that the King Heights Great Neighborhood Program will not be successful unless there is a working relation- ship or partnership, as SecretaryHarris calls it, between the City of Miami and the King Heights neighborhood. However, for the heighborhood to effectively participate and be an active partner, it needs more than just volunteers. The Martin Luther King Neighborhood Association which represents the King Heights neighborhood is therfore,quote:" Requesting funds to hire its own technical people to assist our volunteers and to ensure that our participation will be effective". Their proposal, I believe, has been passed among you already. We fully realize that the City has its own professional and technical people whom we have been told will be assigned to King Hieghts; however, we feel that the present number which is one community worker,is extremely inadequate. Further, a true partnership again as HUDand Secretary Harris are postulating, is one in which all responsibilities and benefits are shared. We therefore ask that the administrating funds for the King Heights Great Neighborhood Program which DOT of Dade County HUD is relative to City Departmentsof Planning, Citizen Services and Community Development be shared with us. Through such a sharing the King Heights area will have a real chance of becoming one of Miami great neighborhoods. Thank you. Mayor Ferre: All right, thank you very much Mrs. Brown. Mrs. Brown„.. Mrs.Gladys Brown; I'm relieved, I'm Gladys Brown, I live in 1130 N,W, 60th Street. I'm president of the Martin Luther King Neighborhood Association, For the past year and a half, our Organization has been dedicated to work in our community to improve our conditions in the King Heights area, At this moment because of our firm belief is that the condition in our community is in the need of physical improvements, A$ of this Moment, the City of Miami has millions of dollars in this proposal for the target of King Height e area to revitalize our area, The thing that we are asking here is that Sufficient Money j-P allocated by our area so that we can go about revitalizing that area and have, the residents have a great input in that area, If the government is going tp PPM in and work with us, we want to work through the Pqmpnity, through their organizations so that the million Of dollars that was paesed along three or or years agof we feel a great waste there because the •effect of the moneys was never Peen in the Model Cities area, Millions of dollars epent out there four or five years ago, and we have not seen a great improvement, And, what we wP1410 like VP (IP is work le.the city of Mi4Mi 74 J 1$ at3d improve 60. conditions in that community, And I say to .you, Maurita Perre, fellow Commissioners. it's a great eritical teed ib the Rifd Heights germ tity area but things to happen. Oet out there and work to improve our coMMUhity. Thank you, Mayor err 3 I thank you very much, Mrs, arowt. At this time I'd like to recogtiiae a distinguished representative of the State bepartment, OWeh Cherry. Who I saw toting just a while ago. All right, now, are there ally questions of Mrs, trot t ? Vice Mayor Plummer: t4ell, Mr, Mayor; Pth assuming this has been to the Manager. It has not been,,.,do'you have the information? Mr, Orassie: Not of my level Comnissioher, but apparently we have had neighborhood staff talking with the citizens about this and possibly Mr. Postmen ehlighteh Us oh that. Vice Mayor Plummer: I'd like to hear from Mr. Fostnoen. Mr. Fosmoen: Commissioners, I think really what it was done to it is that..., perhaps there are two issues involved. (1) The members and residents of the King Heights area would like at allocation from the City in order to begin staff of for a neighborhood Organization. Secondly, I believe there is a problem in terms of the organization within the neighborhood that we are working with. We, as I understand it, are going to be holding a meeting in the next several weeks to attempt to bring in all of the neighborhood to legitimize the Kink Heights Association under CD, and I think that that's presenting some problems in the neighborhood. So really there are two issues in fact T: what organization represents the neighborhood within that neighbor strategy area, secondly,is the City going to begin funding neighborhood based organizations, to work in the neighborhood strategy programs. Of course,we have four running already and this will be one of those four. Vice Mayor Plummer: The one that is existing is that is that a target area. Mr. Fosmoen: King Heights? Yes, sir. Vice Mayor Plummer: That is a target area of C.D.? Mr. Fosmoen: Can somebody put a map up here that model City Clerk? Mrs. Gordon: Now, that's one of the proposed ones to begin,I believe next year... Mr. Fosmoen: Corresponding this year , 4th Community Development. Mrs. Gordon: ...only that this year but the organization's concept. Vice Mayor Plummer: Do I understand you to say then that there are seems to be some conflict between the neighborhood as to who's going to represent then? Mr. Fosmoen: That's one point. The other point is.... Vice Mayor Plummer: Well, isn't there usually elections for that? Mr. Fosmoen: No, let me.... Mrs. Gordon: No. Vice Mayor Plummer: ....Among the people? M. Fosmoen: ...we have two levels of citizen participation. The first is the overall target area, the Model Cities target area and elections are herd under the County's guidelines, the people are elected--Lacasa was chairman until this Tnorning in the Little Havana area. Vice Mayor Plummer; Right, Mr, Fosmoen: The second level if you will,is that a much smaller geographic area, We don't cover the entire Community Development target area with a rehabilitation program. we take it on in both sides :churl s You can see on that nap the designation of the neighborhood strategy area where we have areas within the Community Development target area, in those rehabilitation areas, 75 .A" IS MS we've attefpeted to stfud:ture citizen participation; you know, we're taking A 'Vote► intehsiVe affort i.t those. dark btown afeat at tehabiiitatioh. As 1 underate,d itfthe king #eights Neighborhood Aaaat.iation at thin point nays, we Ar'e a tneighbothaod group that you should tsork with and out potitian is, that's fine,iet's held the meeting and why don't iegititnite that. The second point is that the king Heights Asse iatioti is requesting funding through Cb to staff= up to do ghat ih this point I'm hat quite clear. tut to ataff.,up ta, perhaps, to assist in the itple tettation of that rehabilitation effort, you khow. We have City staff and bade County staff that are running that program and of course we have three other target areas, neighborhood target areas,Where We have rehab, programrutinitig also. Vice Mayor Flutninert What is your recotfttettdatiot to this Cotmnissioh? Mr. Fostnoett l think this is part of the next item on the Agenda which is the 3:00 O'clock public Vearitg on Coetmunity beveloptnett. Y think We have to tread very carefully if we begin staffing with CD funds attd paying for staff in the neighborhoods, that it fact is duplicating the efforts that are being carried on by the City and the Coutity. And l think also We treed to recognize that are four areas, in over the test several years there will be more areas, What we're doing is intensive door to door inspection rehabilitations. That's going to becote a very expensive proposition of the City within each of those rehab.areas, we start staffing local orgahizations. To this point the citizen participation has depended oh volunteer effort Mrs. Gordon: For the coordination of the organization and the liaison with the City and the residents. Mr. Fosmoen: Well, Commissioner, we have citizen participation staff in that neighborhood, establishing, you know, taking minutes and making sure that people are aware of that the meetings are being held, etc., etc., etc.. Vice Mayor Plummer: Oh, what is that it can't be done under the umbrella existing that they're proposing to do? Mr. Fosmoen: (Comment made off the public record). Vice Mayor Plummer: Well, I think that's they should then speak to is, you know, my staff is telling us from CD they have an umbrella there now and they're saying that all the services that are needed you can get through them. how, what do you propose to do that you feel that they can't cover? Mrs. Brown: Well, #1, there's no conflict and at this point, at this point if there is no conflict with the residents. What we are asking them is to come out and work through our neighborhood group so we can get the input from the residents and not let him come out and tell our residents what we need and what we are going to do, Mayor Ferre: That's the key of this whole thing and I think what we are at is very, very simply what Mrs. Gladys Brown and Mrs. Brown are saying is that there is already established a group of concerned citizens that are active just in that particular community called the Martin Luther King Neighborhood Association. And they want to be considered, they want to be partners and I think that, if they are what they say they are and I assume that that's all. So, that you can verify that, I think they should be involved in the process. Mr. Fosmoen: Mr. Mayor,we would not expect to do that at this point. My impression is that we are simply asking for a meeting in the neighborhood and we are going to notify everyone in that neighborhood other meeting and attempt to legitimize that status.,.. Mayor Ferre Why? Mr, Fosmoen: ..,.bur I don't think that we can assume that the Association represents the others, Mayor Ferre: I agree, I'm sure Mrs, Brown understands that we can't assume that you represented everybody in that general area: so what he is sysing is he is calling a meeting and I'tn sure you' II have all your people there and I''tn sure you the representative of that area and it will work out that way so you need not worry about that, 7 jk;tY 1979 Mrs. Browtit As t Said What by point is that we should tali a meeting, the residents should tali a beeting, not the City Of MidtI MI6 out and call the betting, Mayor Fevre: Pine, you tall the Meeting.,.. Mrb. tram! You cant' call the meeting. Mayor Ferret it3e, you Ball the meeting provided however,,,, Mrs. trawn: And we are the odes who represents the City, Mayor Fevre: ..,.provided however, Mrs. hrOW, that we have the opportunity to agree oh heeting date, the tweeting place,and we that we also will let people know because ate don't matt you to calling a meeting there you get all of your people involved and some of the rest of the neighborhood aren't requested to be present, do you follows me? Mrs. Crow is I follow you. Mayor Fevre: t think there's a happy meeting ground somewhere in the tidde, that. I'm sure that it will work out, Mrs. Gordon: Let me make an observation, Dick, because I think this is an important observation. Most of the other target areas, specifically the ones you've been in already,do not have a strong neighborhood organization at all in fact, some didn't have any organization, period. Here,there's quite a different variety of people living here who are already organized and the:. not want to be disbanded and reorganized and that's what you hear Mayor Ferre: That' it. Mrs, Gordon: So, I would like to offer my personal opinion, I'm not talking to the funding part but I'm talking about the organizational part of it. I find nothing particularly hard to accept with regards to involving them in the organizational portion of it which is to get this thing moving, goes through them, let them call the population, you'll probably get a tremendous response may be more than we get because we aren't in there. Am I right? Mrs. Brown: Right. This is exactly what we've been telling all the time. Mrs. Gordon: Well, that's my opinion, I will deal with the rest of it as we get through with that part. Mr. Fosmoen: Just in as in a way of a reminder, Commissioner, although I believe were in attendance at the Pena Vista meeting. Mrs. Gordon: Yes, what? Mr. Fosmoen: .... there're 500 people out there. Mrs. Gordon: I realize it was a fantastic show that it wasn't an organization existing, this is the first,bringing.together a population which is different. This is different, Dick, and we've got to adjust to the differences. Mr. Fosmoen: I don't have any problem, I just can't assume and none of this staff presume that they represent at this point the entire neighborhood, Mrs, Gordon; Yes, well, let's presume that they do and let them call the meeting together with us, (inaudible) Rev., Gibson: Mr, Mayor, what I think I hear them say and what was said to Tne. was the staff comes in there, has been in there, goes in there with its preconceived notion and attitude, isn't that what you'aid to me in my office, Mayor Fevre; i' d hope not, Rev. Gibson; Ah? Mayor Terre; 1 would hope not, Rev. Gibson; If I'm not saying what you told me, you know, you could say he 77 1079 is a liar. Mrs ► htatsn t No, you ate absolutely a rtett. key► Gibson: Okay? 8es what flit tailing? Mayor Ferre That's what Mts, htott told you, keV. Gibson: 'hat.,,,,No, a Committee fi`oth that outfit Caine to thy offices,. Mayor Fettle: Oh, t See, okay, Rev. Gibsort x.4 and told Tile they said, look, the Staff ootnes ih with its precohoeiVed notion acid the, staff is unmindful that We are, t oW, let the say sotething, I said to this Cottnission and I'M going to put it MI the table n6ti4 Mr. Fosttloen, Mr, rOsmoen is that Mrs, Spilltnan's Assistant? Mr. VostnOerit That's one of her staff people, yes, sit, Rev. Gibson: No, no, I don't ask for Assistant, that's the he%t in chard'' Okay, I wonder if this staff of this Commission rettember when I said when this a similar matter came out before, See, that's why he didn't want to answer that question for me, you know what I mean, And note, when we tr t ta^k t-:�'p'r• at the Committee of the Whole -that room back there- you know, Mrs, Spillman was in the hospital sick and they thought I Vas going to raise the issue then and I Vas polite, I thought that with tender loving care through prayers wcu1d get well,so I could bring back up here, you know what I mean, What I'M saving is those people are saying, Mr. Grassie, that the staff goes in there and does it thing and disregards them, What they want, they want the staff to recognize that they're there and they are willing to be used but not to be used by the staff. Do you understand what I'm saying, Mr. Fosmoen? Mayor Ferre: Like in Edison Little River. Rev. Gibson: If it's a lie , they told it in my church office, you see any time I want to get of the whole the truth I go to my church office, you see, do you understand? Mayor Ferre: Yes. Rev. Gibson: Isn't that what you... isn't that you understanding I ant, Okay I'm not saying no more. Mr. Fosmoen: Mr. Mayor, members of the Commission, Mr. Giros just informed me that apparently he and Mrs. Brown had agreed to hold the joint meeting in the neighborhood. Mayor Ferre: What we're arguing about then? Mrs. Brown: Pardon me? Mayor Ferre: We're in agreement? Mr. Fosmoen: If you had agreed to hold the joint meeting in the neighborhood. Mrs. Brown: Yes, I have. Mayor Ferre: Okay? Now, Mrs. Brown, I want you to come back here in a future that you feel that the way things should be going don't go the way that they should be going. So, I'm sure that the City unify and the. City of Miami and its staff cooperate cognizant of the neighborhood and the needs of the people who live in that neighborhood. Mrs, Brown; I would like to say at this point, it's not the meeting, the organization the big meeting that we are called, it's the funding of this organization in the regulations and stately clears tnat if money eet'asIde for funding on neighborhood group, Mayor Terre; We're nQt talking about that today,we're talking about, what we're about with you as of right now, as l understand it s to have a neighbor- hood organization PP that we understand what the will of that neighborhood is 78 y: 1979 aid this aatablishes that it does speak for the t+eighbofhota drat Ms= trotri atd Ms, brawt and attooiates, the others that are here are just 10 people that represett 15 people, that you represent: 1,000 people that live it that area. And whet we establish that with you, we surely will, I'm sure that there will hot be sty problem. Mrs. tram: We hake ih our audience today tote that 10 people Who es i t the Martt Luther King teighborhood. Mayor Verret Tewilty people, or 50 people, or 110 people. I want, we watt to take sure that you represent the con utity acid this is the true will of that comtufiity► And et that point, I think we can start discussing other things as we have oh other heighbothoOds,'is 'that correct'? Mr. Fosmoen: Yes, sir. Mayor Vette : Okay , thank you 'very touch. All right , is there anything else on item 25? 32, PUBLIC NEARING - CITY OF MIAMI PROPOSED 5TH YEAR COMMUtiITY DEVELOPMENT PROGRAM. Mayor Ferre: We are now on the 3:00 O'Clock Public Nearing and we are now on item 26 which is the "hear citizens input and comments regarding the Cite Miami proposed 5th year Community Development Program". Mr. Fosmoen: Mr. Mayor, may I make a few opening remarks? Mayor Terre: Yes, sir. Mr.'Fosmoen, I recognize you. Mr. Fosmoen: This is the 5th time that this City Commission will have gone through a hearing about the allocation of Community Development dollars for the coming CD Fiscal Year which begins in July 1979. We'd like to take a few minutes of your time and run,as quickly as we can, through $10,000,000 of projects that are going to be started after July of this year. One additional point, 1 sho::la make is that we're looking at a 3-year program,not a 1-year program. HUD is insisting that the City put together, each of the cities put together in a 3-year strategy on how Community Development dollars are going to be spent. The emphasis, obviously, is on the first year, because each year we have an opportunity to amend and add another year of that program. I'd like to intro- duce Miss Nancy Bond who is acting Dena's stead when she is not available. Well quickly run through the projects with. you and at that point open, it up for public hearing. Ms. Nancy'Bond: You have the intent "A"package which contains the major com- ponents of the recommended applications for the next 3 years of Community Developoment Block Grant funding. Mayor Ferre: Is this it? Ms. Bond: Yes, that it is, plain white wrapper, Mayor Ferre; I go along with that. Ms. Bond; The funding that we're talking about comes from the Department of Housing Urban Development, it's primarily for physical improvement to im?reve neighborhood and expand economic opportunity. In the City, as you know, there are 8 target areas,these are Allapatah. Coconut Grove, Culmer, Downtown, Edison Little River, Little Havana, Model Cities,and Wynwo'od; and those are on the snap that you have accross from you, Within the target areas we concentrate in nefghherheed strategy areas,and some of these areas have an also designated Straight neighborhood, These are areas in which concentrated physical develop= Pent activities are taking place and cencentrateed hens ng rehabilitation programs, These areas are also shown en the rap for y_u, We began a Citizen participation planning process in August 1978 The City and the County said 79 f6 181975 held joint meetings ih the lneighborhood, to we wouldn't burden the nei; hbor hood with separate f eetintjs, At these 1fleetihgs, the residents Wad ihforf;ed of the schedule toff the applications process, We di ell sed the heeds of the 1heiethbothcod anc the 3ayear plan aspect, This i`s the tint title that we are actually doing a -,year plan as is required by Mb and it's also an annual plait to be sf+#bitted each year which would be in accord with the 3.yeer plait and the 1.yeafr plan may be revis`eA as it'g necessary, The task forces diacuesed the teed§ and projects for the neighborhood and in November,they submitted their retof befldations for projects to the Community Development office, These were reviewed along with outer recommendations for projects oft December 29,--the ihfOrMatidh that was provided to you was provided to the chairpersons of the task forces and last week they wete theetings it, the neighborhood at which the recoftMehdetiois were reviewed, t think you'll see the results of those Meetings here, today. ih the number of people that are here to Speak on this issue, Mr, Foslnoens Nancy, if t cats interrupt you for a second. Ih the report that's before you, each of the recoth1 ended programs is listed and cott>f'tents as to whether is recofntnended by the staff or not and the reasons why hot. Mrs. Gordon; Oh, we are in the, which funding year/ Ms. Bond: to are going into the 5th funding year, Mr, Fostnoen: Fifth funding year. Mayor Ferret Fourth...is this the 5th that we're talking about? Ms. Bond: This is the 5th, 6th and 7th, 3 years--S32,000,000, Mfrs. Gordon: Two down the row.. ,but we're.in the 6th now. Ms, Bond: Yes. You're in the 6th, the 5th year will begin June 15, 1979.... Mrs. Gordon: '79... will be the end of the 5th? (Inaudible) Ms. Bond: ....will be the beginning of the 5th year, June...yes, we're in the 4th now. With a proiect were reviewed, the recommended projects were reviewed based on funding criteria that you discussed in previous years, we concluded the emphasis on physical improvement, the selectedremoval of slum andbright lights, the benefits in low and moderate income person improve- ment of the tax paid improving job opportunities, maximize the housing programs, increasing the base housing stockAdditionally, this year the Federal Government gave us more guidelines for the Public Service Programsand the projects were reviewed and accord with these Federal Regulations which support previous local determination to maintain a low per cent of Public Service funding and the regulations are more stringent in regard to the serving NSA areas and also showing that the public services are necessary to support the physical Community Development funding project. No new social service projects are recommended for the 5th, 6th and 7th years. When the application is submitted, HUD will also review social service projects a little differently than they do the physical because the main emphasis of the program is on physical. So, the possibility exist as it does to the whole application that HUD may disapprove of some items within the application when it is sent to them. Another item that we tried to emphasize this to you is leveraging of Community Develop- ment funds but other funds such as Fire Bonds or Housing Bonds, other funds such as that. We. are not recommending funding of commercial street improvements projects with the investor owners in those areas we feel that we could find other funds possibly Highway Bonds and make them asessable projects. Another item of importance is the support of our housing programs, we have an Urban Development Action Grant which you set up a Trust Fund for it this morning, earlier, and we have trade a commitment to the Federal Government that we will indeed take, carry out certain physical projects which will support the housing programs. on page 3 of the packet before you, there is a comparison table, and this comparison table shows the target area and the City wide allocations by year for each target area and then the last 3 years are gxv°.spec together. "B" also shows the funds committed which are those funds which arP under contractor design or under management at this time. Pages 4 through 7 are some summary lists of the recommended project These are by year and by target area, And page 8 in the .introductory material genera. budgetoqt:line and these for the primary categories in which funds will be spent, About half, if you look at the 3 year total about half of these will be in for public facilities improveThents on City wide on target area basis, Our funding 80 TJ II 117' level far the nekt a yearn, for the 5th yeara= o,1641 W ; for the 6th year is estimated $1b,021000 and that date figure for the 7th yeat, The baiaiee,,, mast of the rent of the packet that you have, it contains the project ref dation . by area and status reports which ate the yellow pages it the book, NOV We have a map !IOW of the City Wide projects and 1 briefly hit hli§htt these projects and then go to each of the target areas, Mayor Verret All right, 1 thihk it tight be., it Mt. Mummer around? Vice Mayor Pluttert Yes, Mayor Ferret i just want to make a statement So We don't have confusion on the Cottissioh. What we are doing here is,this is the first of two public hearings acid We are first getting overall view of what UbA is recot ending and ghat preritheters are and then we ate going to have inputs from the cottMUhity which is the purpose of this public hearing and then.,. the Commission is hot going to come on any conclusion oh this today, this is just a public hearing process. We will have a second public hearing on February... Mr. Footmen: t.'henever, whenever you need. Mr. Grassier Assuming that you have one meeting on February, will be February 1 Mayor Ferret ?es. and we are going to have a lot of talking in between, okay? Ms. Bond: The major City wide projects, there is the tittle Havana Fire Station located on Beacon Boulevard, this is going to be leveraged with fire Bonds; Dinner Key,Island Park and, by the way these are all in touch more detail, 1 didn't know how much detail you've got to go into, I'm going to sort of skim over them and we can discuss any any further detail you would like. Other projects are Dinner Key Island Park which is going to be leveraged with tureau of Outdoor Recreation funds, the Garment District ext;ansion which is intended to increase. job opportunities, remove slums and blight and hopely, also be involved with a great deal of private investments from the merchants in that area. The Miami River Specialty Center which I'm sure you're familiar with it. Mayor Ferre: I've got to interrupt you, I'm sorry because I... we have a little bit of problem that I see come up, a lot of people going to the Clerk, that's what they are asking to have their names to put down as speakers; maybe you better start to organize it slowly, (inaudible) . Those of you that wish to be heard today that wish to speak and address the Commission would you raise your hands? 1, 2, 3, 4, 5, about 20 and 1 up there, is under 25. All right, in orderly fashion, don't rush, please about 3 or 4 at a time. Would you give your names, those of you that have not the clerk and I would call you,not in the order that you submit them, sir, so we don't have rush,I'll move it around a little bit. Three or four at a time so we don't interrupt the proceedings here. I am not going to do it that way so you don't have to worrv.Go a:%ead. Ms. Bond: All right, thank you, The Miami River Specialty Center is another project and we will also being seeking additional funds for the Specialty Center from other sources as the plans for that center become more final. And Economic Development on City wide basis is another project. We have other projects, a demolition fund-- for buildings which are delapidated, planting of trees, removal of architectural barriers historic preservation and rnntrarrnr training. Briefly, those are the projects recommended for City wide implementation over the next three years. In the target areas,,,., Mayor Ferre: Now, these were determined by staff, Ms. Bond; These are staff recommendations, yes, sir, Now,these recommendations are generally in response,..we want to speak about the target area, but generally in response to the preliminary with the list of the target areas recommended to the staff, andthese are the ones that the staff is concurring to recommend that to the Commission, First of all, we have a major emphasis which I would like to describe in almost all of the target areas and this iS three major projects that we've undertake in each of the areas, --housing rehabilitation in order to improve our housing stock; the adquisitior. of land for housing,sc we will have lard on which to build the houses that we are going to be doing with n,ir Gecon' NQrtgage programs; and street improvements in order to improve the neighborhoods where we are building the houses, Almost all of the neighbprhQQds'hove thoae 81 JAN 7 , 1979 three prOgraftit and rather than ekpiaitt each of theft g tunes; 1 had to Mention those first and then go on and explain that other programs each of the neighbor= hood also have, Weill be doing these ih Alphabetical order and Aiiapetteh is the first area , hat; the three programs, rehabilitations, land acquisitions, street ifprovethehts attd in addition we have 2 park development projects mere is a Miti park teat to a public hosing project from which We have a letter of dofflititu. tett frog the Public Pouting Agehcy to operate once it it estab1ished and improvement to Curtis park At area that the Neighborhood have long beat corcertied with. It additioh, there is liarket study for the neighborhood and a transportation for the elderly 'project. These are the reeottiended projects in the Allapattah target area, It Coconut Grove, we have' again the three tbajor projeets-iiretiabi= tations, acquisitions, Street itprovettletit and additionally there it a Mental Health Clinic and a Graphic Art program ihich is a continuing program. In Cutter target area there are two NSA's tithip Cultter, borothy Wheatley and the Overtotn area. Generally we are initiating housing rehabilitation, land acquisitions, street improvement programs and We're also continuing interim assistance and economic development in the Clumer target area, As 1 said before each of these are further defined• bowntot,;n,is a little bit different target area and our emphasis is different Since it is the center of the business district. We do have housing rehabilitations and land acquisitions in accord with the spcial Section i'A" Grant for the Lummus park,Little Havana —tittle Havana Lummus park Section "A" neighborhood and we will accros to it doing multi- unit rehabilitations in that vicinity, There is also the"new town iti town" project which 1 believe you have communications in regard'to and it is to provide funds for the implementation of that project. Land acquisition for the Miami -Dade New World Center Campus, the south block where that campus is, included in your recommendations; and the Elderly Service project and projects which also be carried out in the area, In Edison Little River, we have a housing rehabilitation, land acquisition and street improvement in the Buena Vista NSA, There is special emphasis on the street improvement in that area. In Little Havana, again, there are housing rehabilitation, land acquisitions, street improvements, The housing rehabilitation is in accord with the special Section "A" Grant that we are receiving from the Federal Government and is designated for multi -unit buildings. We also have funds for Latin Riverfront Park, some funds for Cuban Memorial Boulevard and other funds will be sourced as new programs be developed by Federal Government, A transportation program, residential homemaker and Centro Mater Day Care, Child Care program. In Model Cities, in the target area of Model Cities by the way on the portion within the City of Miami,we had the, King Heights neighborhood that the housing rehabilitation land acquisition with its street improvements; also Tacolcy is an ongoing prefect as is Tenant Education and finally, is Wynwood target area. Again the three major programs --rehabilitation, acquisition, street improvements and also a Senior Citizen Recreation and Transportation program,. Those are the recommended projects for the target areas; also in your packets is the first draft of our housing assistance plan; this is on page 112 of your note books, it sum- marizes the needs and coals of the city of Miami for assistance housing fcr the next three years; however, these figures are being thoroughly revised at this time. The Federal Government is, has not completed their regulations on how we're to calculate these figures so we expect revisions 'in that regard and also Dade County may have to track with them since, you know, they are... our housing authority is already and our housing is just as planned has to be in accord with one another but you will get the final figures back when they are revised. Unidentified Speaker: What page you said that was on? Ms, Bond: That starts on page 112 so last tab on your book (Inaudible)...and very briefly, and I'm sure if Ms. Spillman was here, she'd be able, to do this a little bit better with the information that she has from all the programs for that is the essence of the application. We must send a draft of this application to A-95 Review by February 15, The Commission is meeting after that when the revisions are made then we will. Send those. Vice Mayor Plummer; WhatA-95 Review? Ms, Bond; A795, this is a .,,,, Mr, Fosmoen; it's a Regional Clearing Hous0, Mr, Mayor, All the Federal Application goes to the Regional Clearing House for comments, Mayor Terre; Ts that is Atlanta? Mr, Fos►oen; Ito, sir, the youth Florida Regional Planning fs in the state, 82 JAN 1 111979 Ms, ofidt lfid bade CC fity Piahh hg, theft ate the of theft (i latidibie) �_g Mayor ferret �veii, f think the uestoh that we ivAil't to know is that We ate hot goihq is be tied With that are wel, Ms. fond! Hof we May send reVisio s. Mayor terret Well, the point, t quest it this, You ate Plot ekpectihq to tee thie City COMMissiofi to take a positioh oh these thihc s today, Aire you? MY. F'ostoent No sit, Mayor Fetter Vow, February l5, what happens if we donit have a theetihq before' Mx. rosmoent We send the a draft, this is a draft that Goes to thet tc start the Clock ticking. They have 60 days to review the application,'As revisiO`:s are tade by this Cofnmissioh, we send those revisions, !•'.s, Sondt And We anticipate the second public hearing when, you set your meeting of February and our flew grant year for 5th year will begin on ,tune 15, 19?9. Thank you. Mayor Ferret A11 right, thank you very Mucho for the presentation and..,. Mr. Fosmoen: Two other cofiments, Mr. Mayor. What you see before you represe:,tt the City's Community Development application and the funds that the City will spend from Community Development. There are a few projects which have net been discussed, which are funded through the County in each of the target areas. They are proposed for funding out of their 5th year allocation: One other point, it looks like the County will be withdrawing C,D. funding from, the City in their 6th year a year and a half from now-- with the exception of :rode: Cities. Mrs. Gordon! The &nifty ptdjects, Dick, that they At°e doings Ate they ih hate As wen!) Mt. Posffioen: NO) they Ate tot listed ih here. Mrs. Gotdoht tan we have a summary, so that we cafl, you know, have but otfi thehtal piotute cetplete eh she... Mr. 'ostoeh! Yes, yes, we will get you that by tOMOttOw, Cbtbissibner, Mrs Plutlimer: bbh't let that. ► Mrs. Gordon: Yes, you could put those sheets oh another color Raper and we can just insert them ih this note -book and have the whole story before us without being confused by it, You don't have to do it tomorrow, you cAti do it ttext week, but do it in that way and it will be easier to spot, Plummer. Mr, Fosmoenyou Mrs , passed over it very lightly and I hope it means that you are not giving too much credence to your last statement that says "in the sixth year,the County is not goingto fund Miami _ projects, except Model City". I assume you are really not concerned and that it's really not a lot of money. And even though your indication, it's very few dollars, but I'd still like to know the reason why? Mr, Fosmoen: Well, I am concerned Commissioner and that's the reason that I brought it to your attention. Mr. Plummer: I don't find much concern in one sentence that is going to withdraw the money", says the Count•: Mr. Fosmoen: The purpose of the hearing is not, you know, not for that. fully intend... Mr. Plummer: Well, but, why don't you let these:people that are all here know the truth, like I would like to know it? Mr. Fosmoen: ... to bring that issue back to this Commission. But, you ask the question why? Mr. Plummer: Two questions, hoc, much and why. Mr. Fosmoen: Can somebody tell me how much? Let me answer why first. Mr. Plummer: Excuse me. Mr. Fosmoen, the Mayor is over here doing cartwheels. I hope you did not, as he thinks you did, when I said be honest, I am not questioning your honesty or integrity in any way, shape or form, Now, will you relax, Mr. Mayor? Mayor Ferre: J. L., listen, I'm probably the worse culprit, so let me start blaming myself. Half of the problems that we have on this Commission are self inflicted by the way we talk about things. Now, we don't mean to say these things, but I do it all the time and then everybody gets excited and then... Mr, Plummer: Ok. With my apologies that I do not question your honesty or integrity, I only question you comments. Would you please answer the two simple questions, how much and why? Mr. Fosmoen: Alright. How much has five numbers attached to it because each year their funding has been going down, the amount of funding in the City has 'been going down. The first year Dade County spent ten million dollars in the City, the second year eight million, the third year seven million, the fourth year five million, the fifth year 2.1 million, and in the sixth year a few projects will be funded, with virtualy no money set aside for the City, ,As to the why, in 1974 Dade County had an allocation of twenty-six million dollars CpuntyrWide,In'1979 Dade County will have an allocation of thirteen million dollars, Mayor Ferre; Mr. Fosmoen; Mayor Ferre; From how much? Thirteen million, Well, then the first pne was six..,. 84 Mr. Poarnoen: T'taentymai5t tali lion, Mayor Petra: Ptott twenty six to thirteen, Mt. Plummer: hat it half, Mr, Postoen: in 104 the City had an allotation of tWo zillion dollars, in 1979 the City's olloeatiorl is almost eleven million dollars, Not, the reason for that CottisSioner, is then the 0 legislation Oas passed it tsas recognized that some areas had been very successful in getting Community beveloprent dollars and urban rural open spate, others had trot, ltt our case, toe had not gotten aty prior to 1974 because Dade County is our re -development agency, so they had gotten all of the programs with the exception of a couple of open space grants, Congress's intent at the end of three years WaSS that those eities that were successful would be brought down, those Cities that have trot gotten anything in the past would be brought lip to an entitlement amount and frotr there on up, everybody is equal., SO, the thirteen million that Dade County is getting is what they ate entitled to under a population, poverty and over=trot.+ding formula, The eleven million that the City is getting is what we are entitled to on a population, over -crowding, and poverty formula. Mrs. Gordon: I question that Dick, for information purposes., When they present their statistical information relating to those factors are they counting ours? Mr, Fosmoen: No, Ma'am. Mrs. Gordon: They are just counting those that are outside of the City of Miami? Mr. Fosmoen: Outside of the City of Miami, outside of the Miami Beach and outside of Hialeah. There are three other entitlement cities in Dade County, (BACKGROUND COrfl'ENT OFF THE PUBLIC RECORD) Mr. Fosmoen: Their allocation... Their entitlement is based on the statistics from places like Sweetwater, North Miami, North Miami Beach and the unincorporated areas. 'Mrs. Gordon: And that's how they will explain away the fact that they are not going to spend anymore here? Mr. Fosmoen: Yes. The problem is, of course, they still have and hold the legal responsibilities for the renewal or re -development for housing and we got... Mrs. Gordon: Yes. Mayor Ferre:, Look, it's very... you know, I want to make this point again to all of us because it's a very important point for us to keep in mind. The City of Miami has a hundred twenty million dollar budget, ok, of which thirty and some odd million comes from advalorem taxes, the restof it comes from some where else. That's what the County has always been interested in, in consolidation, that what this is all about, And if you take into account these CD funds and all these funds, that if the County had the City they would be getting. In proportion to our relative budgets, it's something that's a real... I mean, that's what it's all about. It isn't the advalorem taxes that they are interested in, it's all the other many things that really make-up of the City what it's all about. And here is a classic case and point. We are talking now in the sixth year,where we are receiving eleven million dollars and the County is receiving thirteen million dollars,and there you see it. It's that simple, all it is, is dollars and cents. Nothing personal. Mr, Fosmoen; I did want to make the Commission aware of that particularly before the public hearing. Now, because you need to recognize the impact of the reduced. a potential to reduce County funding and our future commitments if the only source for funding Community Development kinds of projects is the eleven million that the City gets, That's all we have, Mr. Mayor. Mayor Ferre; Alright, can we go to a public hearing now? The first speaker is Mr, Ramon Atiles, Senior Citizen's Wynwood elderly. Mr, Artiles? (DACKGRQUND COMMENT OFF THE ?UELIC RECORD) '• t 85 JA B F, 197 Mayor rerret Alright, Now, is there anybody of the twehty&five speakers that need to spear for mane than three minutes? Anybody need to speak Mare than three minutes? Raise your hands, those who treed mare that; three minutes, Annette, l knew you would, Anybody else? Mr Plummer! It take Annette three minutes to introduce herself, Mr. Atiles. Thanks. Cood afternoon Mr, Mayor and tethers of the CoMiti§Siotit Mayor Retire: Would you put the time on, it's three minutes for each speaker and we have another public hearing toting up at six and another public hearing at eight, Sot,., Mr. Atiles! I am speaking in behalf of the elderly tenter of Wytidwood, at a member of that section. Forthe last three years we had an aasitttnent of $17,000.00 for the expenses, transportation and recreation, that's that goes in the recreation Of the elderly people, But as you know, everything is going up, gasoline, food are among the expenses that are part of the elderly program, My request is that, that assignment be raised at least 25% so l will be able to keep going on living, I mean, Mayor Ferret Alright, sir. I wish, I could wave the Wand and say'... Mr, Atiles: I know you will do your best, Mayor Ferre: Alright, thank you, very much, Mr. Ramon Atiles. Alright, now Ms. Carolyn Wilder, building... I mean. Board of Directors of Wynwood Neighborhood Program, That's Carolyn Wilder. Is that correct? Ms. Wilder: My apologies for my handwriting. I commend the City of Miami Community Development for their projections and improvements in the Wynwood area, I do however, wish to enter my concern as to the distribution of funds in the area of transportation where seventy-two thousand dollars was tentatively awarded across the board for grant year five, six and seven. I feel very strongly that no consideration has been given to the cost of living increments, to economics or to basic prices. I kind of... I guess, exemplify it by saying that what we purchased this year, we will never be able to purchase the same items the following year and certainly not the third year at the same price. Therefore, I feel that no adequate thought to the consumer has been considered, though we are very grateful for the seventy-two thousand dollars. I request that 25% be considered for the sixth and seventh year in order to be able to make-up for the cost of living and the increments that will arise. My second concern is that the budgeted figure is in nn way justifying same of the improvements and some of the new recommendations that Wynwood elderly is going to be able to do. We are presently at a site, at a church on 36th Street where we are paying rent of two hundred dollars. We are within either the end of this year or the following year going to be moved to the Eugenio Maria de Ostos, a social service center and the rent there is going to be seven hundred fifty dollars a month which is a huge increment. I feel that some consideration and some, I guess in put by us has to be done and discussion in order to how we may either adjust our budget or that how you can add to our budget in order to give us the assistance that we need. I would also like to present the third concern at this point. I know that we are all very grateful for the thought now that there will be elderly housing in the Wynwood area and the three hundred fifty thousand dollars that's going to come out of funds of the original twenty-five million. million. Both structures in the area is most greatly appreciated, but I kind of request at this point, that it's great to have a lot with what kind of concerns for projection as to where are the monies going to come from in order to construct the buildings? And I think that many of us in the Wynwood area would like, you know, some of these answers as the discussions of the afternoon go on. I thank you for your courtesy. Mayor Ferre; I thank you. And the next speaker will be Alicia Abrev? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre; Abrev, I'm sorry, The Catholic Service Bureau of Day Care Center, Alright, Ms, Abrev; Mr, Mayor and members of the Commission, as you have mentioned, my name ie Alicia Abrev and I am the Director of the Pay Care and Neighborhood Centers, Division Pf Catholic Service Bureau., My presence here this afternoon is to inform you that the Catholic Service Bureau of the Archdiocese. of Miami wants to continue it's services to the families of Little Havana by establishing 86 JAN1E. 179 the operation Of the eatholie gervice turesu + € tittle t#Avana hay Care center at §70 S: 14. lat Htreet, the neighbbrhood's facility medicated earlier today. this program will stpple►ent the care that pteathool Children, three to tiR years of age receive 'frog, their Parente and We contribute to their physical, mental and efttififiel development While their parents are working. We plat to offer services to sixty pre-school Children from 7 A.M. in the morning to 11 P.M. The. Catholic tervace bureau is a ttiuitiaserVice agency uisdet: the a aspaces 1U— krchdioeese of Miami and directed by Monsignor Bryan Malsh LkecutiVe birectot? of Catholic 'Charities, Out several yet of eXperienced planning, a tmiiliste `ing, operating and providing technical assistance to forty social services prograts, — including areas of Contract implementation, improvement of services , evaluations and fiscal reporting qualified us for the operation of this program. We offer day Care as a preventive and remedial input to provide conditions favorable to child development and of such, to prevent the occurrence of social emotional health problems. I would like to request that this Commission reconsiders the City's position tecoinmendations and allocate the deeded sixty thousand dollars that matched with forty-seven thousand seven hundred fifteen dollars of program service fees and twenty-two thousand ttc_ hundred thirty-eight dollars for the Child Care Food Program that Our agency is sponsoring in the City of Miami, We complete the proposed budget of a hundred twenty-seven thousand, nine hundred fifty-two dollars needed to make possible the deliver of the day care services. Let us keep in mind that children day care is the only instrument that we have, that have been proven that reduces the cycle of dependency: I will like to recommend that money be for considered use for prevention, instead of programs to pick-up piece= later on. Thank you, for your time; Mayor Ferre: Now, the next speaker is Sylvia Corral of the Industrial Home of the Blind Foundation. Ms. Corral: Good afternoon Mr. Mayor and members of the Commission, I am proud to represent the Industrial Home for the Blind foundation, an organization to help our blind clients. I am the assistant of Mr. S. Vida=. and my name is Sylvia Corral. i would like to tell you someting aodut our program. Our main purpose is to help the blind clients to develop into the bi-langual community and be of something useful in them. We would like to provide them rehabilitation and work in our community. We have established a curriculum of different subjects that they learn and also work. We request more money for our organization in order that we may establish more service to our blind clients and also, in order to get more staff, professional staff in order to serve these blind clients and especially in the Little Havana Community Center, there is a lot of blind people that need this kind of rehabilitation in order to feel something for the society in which we live. And we request fifty thousand dollars to fulfill our needs. Mayor Ferre: Thank you. Now,... I sorry, I thought you had completed your statement. Ms. Corral: Yes, I'm sorry? Mayor Ferre: Are you finished with your statement? Ms. Corral: Yes, I am. Mayor Ferre: Alright, thank you, very much. Alright, now the next speaker will be Lorraine Dunne. Ms. Dunne: I am Lorraine Dunne-Gliston, 130 Northeast 82 Street, We have a funded program in our area that has done a great deal of good for the commercial revitalization, The funding did not come from the City, We feel that in view of the County's stated position of withdrawing the funding from within the City for the reasons discussed earlier, that some consideration projectsto ongoing Commerce Association's revitalization ofa commercial area, a given some consideration for funding from City funds as the County funds phase out. Now, this is the primary' thrust of my discussion this afternoon, Annette will take up other matters, Mayor Ferre: Alright, Now, at this time we will hear from Annette Eisenberg, Annette how much time will you need? ($4CK ROUND COMMENT OFF THE PUBLIC RECORD) 87 Mayor Porte! tiause me3 Ms. gitenberg: i will &ake it feet: Ate pittnberg) lice'Northeast 86th gtreet, eoardinatof 6f the tittle River toffliterde Aaa8eiatidn and a WAN ireeter butaide of the' 6Veti6r1a tiansieh with J. L. Mr. Plummert 1 got to tell you Maurledi this little half=pint tan put away More oysters and beer and eoffee in ten thitutet and using the acute that the was freezing. gut, slit stead there in Tallahassee and she was engulfing those oysters... Ms: Eisenberg: 1 did not eat at oyt'ter, 1 ate the chieken and 1 didn't eop ant, 1 stood in that line until 1 got in, Mr: Plummer: tut you were wearing that old raccoon that you have. Ms. Eisenberg: That raccoon was a .Wink.' (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Ms. Eisenberg: First of a11, I think so that,I can best explain our position. if Matthew will put up the Little River map here... I think that would demonstrate my concerns. Now, gentlemen and ladies and our new Commissioner, I want you to know that, yes', the County is cutting dok*n, but in the Little River case the County is being more generous and more concerned for Little River than the City of Miami because the City, as you can see, is not planning on spending one dollar in Little River in the next three years. But this year, the sixth and the seventh the County is going to fund us for another year, plus the fact they did not say no more money, they said to be determined. The City of Miami is not spending one cent in Little River. We have another complain. The City of Miami made a definite commitment to Little River to do Northeast 2nd Avenue from 78th Street to 84th Street. We are now told that with the fourth year funds that was to be, we are now told that there is not enough money, so that they are going to only do 79th Steet to 84th Street. To shot.: you how uncompatible this is, Dade County is coming down and doing 79th Street from the railroad tracks to Miami Avenue and they have to go... while they are doing the intersection, they have to go twenty feet into Northeast 2nd Avenue heading South to 78th Street and the City is telling us that they are just going to leave it there. Now, because of the commitment that has been made to us all the years, because they say that 78th to 84th is our impact area, we are asking the City to fund us an additional amount of money and I have a letter here from the Department of Public Works saying that " Mr. George Campbell has informed you that our original budget of two hundred thousand dollars for Northeast 2nd Avenue has been reduced to a hundred thousand dollars. In order to stay within this new budget the area South of Northeast 79th Street has to be eliminated from this project. I our preliminary estimate is eleven thousand dollars for landscaping for this portion of improvements. However, in order to landscape the street has to be rebuilt at a cost of seventy thousand dollars" and he thanks me for my interest. Well, he doesn't have my interest, he has my scorn. It is up to the City of Miami to fulfill their commitment to Little River and that is to do 78th Street to 84th Street and do it now. As I said, for the fifth, sixth and seventh year the City of Miami have wiped Little River off their allocation. I wish we could wipe our taxes off of these, but we won't because we are proud to be in the City of Miami. Ok (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Ms. Eisenberg: No, Now, I want to speak to you as Annette Eisenberg, citizen and not Annette Eisenberg Coordinator of the Little River Commerce Association. I am terribly concerned about other projects that you are funding out of Community Development money, I am asking you to look at the two hundred thousand dollars that these people are asking you to put in the Office of Economic Development, Now, I agree that the County is not the easiest person in the world to work with. However, Dade County has an office of Economic Development that's funded to the hilt, You've got the Industrial Development Division, you've got the Greater Miami Chamber of Commerce, you've got the Downtown Development Program, When I go for information or resources in my office, I don't know which office to go to, there are some many duplicating the services. What are you adding to this by allocating two hundred thousand dollars to establish an office of Economic Development, Now, if you have to sort of fund the County's to a certain amount to get some services out of them, I 8 JAB' 1 1979 east ufdetatand thatt but why another duplidatioh, you ere leaving yourae f wideg,open to the Herald as soap At they identity this 'Mere is another thing that you ate funding that I would like you to investigate. Conttattotle gaining Program. bade County funds the Co►traetor'e Training Program to the tune, and they are the settle An15i3Of ttEtt 5t as Ve, t +i.at`e ftifid4. tttem to the tune Of A hutdred thousand donate or better. Neowi why are you atepp g in tiro ate agency like that and duplitati ►g ssetvides too' Plesee, look into that. that le contractor's Training. Offide of tconot►ie beveloprneht acid the fact that they are saying Lfttie Rover tto longer exists. Mayor fetter Thank you, very thuth Annette, Ms. Eisenberg: You are weltottte ► Mayor Parr: hank you, The Hutt speaker will be Sylvia Millares which is Central Utibre'-tspanic and Vocational Ooeta Penertorv. Mg, Millatest 1:kouse tne. I want somebody.,. Good afternoon. (INAG`DIEL'E) I Watt to sI::>cL. in Spanish. Mayor Terre: Alright, Mr, Manager, can we have a translator? You know, we should have somebody all the time ready for this business, I mean it certain] happens enough, you don't have to waste any time. Ms. Millares: Cathy Leff? Mayor Ferre: Cathy Leff. Do you want to be a translator Cathy? Ms, Millares: (IS SPEAKING IN SPANISH) Ms. Leff: (IS TRANSLATING) We the agencies of Little Havana are here because the day before yesterday when our new Commissioner Armando Lacasa was still the Chairman of the Little Havana Community Development Task Force, we had the last meeting over which he presided as Chairman when he did not recommend that we come down here to reject the package that Community Development has presented, to come here and present our position and our complaint that all the agencies... that we are all anxious that they give us the funds that we feel that we merit and we hope that today you will decide that. Alright, and now I'm going to speak of my agency. Our agency has vocational schools and day care which are right now closed for problems of the building which everybody knows. In artistic and cultural programs we have presented free opera to the community and we have programs that are for the future, educational programs, artistic programs, cultural programs and we are going to present opera directed by the Master Rinaldi who is the director of the symphony of the Roman Vatican for the past fifteen years. He has volunteered to work for us because he feels the Latin atmosphere... (COMMENTS INAUDIBLE) Mrs. Gordon: How about a consecutive translation, Maurice. Mayor Ferre: She is saying that she thought that there was a law in the City of Miami and in this County, that whenever citizens wanted things decided that they could demand that they be decided that day and by petitioning before the Commission and that we would have to decide it today. And I was explaining to her that there is no such law. Mr. Plummer; How come the translator quit and sat down and you started talking? Mayor Terre: .,, And I want to thank you, Cathy, I was very impressed, Now, we have Jessie Wright of Carrie Lee Rogers,., no, I'm sorry, that's another person, isn't it? I beg your pardon, Jessie Wright and Carrie Lee Rogers and then there is somebody written down under that, that says John, but there is no last name, so.., Mg. Rogers: Good evening, Mr. Mayor and members of the Commission. my name is ors, Carrie Lee Rogers and l'm the Vice-president of the Allapattah Tenant Council. We are down here today asking for a mini -park, l'm from 2118 Northwest 19th Terrace, excuse me and Site 10, I'm representing Allapattah Tenant Council and I'm here asking for a mini -park at Site lb on 21 Avenue and 200 Street, We have vacant land there with rats running all over it, Semeone said at one time, they saw a snake crawling aerees the read there, We have children sitting there rubbing the paint off of the tenants cars in our Parking lot 89 JA NN 1979 and we deaided we would eoe down and Ask for funds to build a mini pack oh that \aeant land tot our little thiidren and also our older Children, 1 don't liaVe tf6 mue.h to say. SO I'm going to let Mks, Utight say a fey* words and het neighbor. John. a ere praying and trusting in the Loyd and hoping that you all will look Into this and see that our kids get somewhere to play besides eti the neighbors cats and in the parking lot, tits. Gordont Yes, I know l would like to know about that. to we Already have ah aequsition of the Site tot that purpose? ($ACIWROU ib COMANT OFF' f14 PUttIt tte ) tirs, Gordon: We dos And what is the plan for the improVetneht of it? Mr. Fosttoeh: My impression is that We need to recommend this program, Mrs, Gordon: you are recommending it? Mr. Foethoetit ' es, we are. Mrs, Gordon: Alright, do you realize that they sari it's ok, they want to do it? Now, the question is when? Mr. Fosmoen: Funding out of fifth year? It's funding out of fifth year Community Development which means that the dollars,.. Mrs. Gordon: That's this year coming up, right? Mr. Fosmoen: July of this year. Mrs. Gordon: Ok, when you get back you tell your children and whoever...I. got a lot of letters from them and so, I appreciate hearing this. Mr. Fosmoen: Commissioner, in order that we not lead anyone as astray, however let's make sure that we understand that when the funds become available in July, that doesn't mean that the bulldozer hits the site in July. There is going to be a, you know, there is a design period, there is a contract lettirct period involved. The fastest that we can get a park going is probably three or four or six months from the date we get our dollars to the date we see something happening on the site. Mrs. Gordon: Which is nearly a year from now? Mr. Fosmoen: Yes, Ma'am. Mrs. Gordon: Is there anyway of speeding up that process, this is the real improvement to an area that certainly can use some improvements. Dick, can you start the planning process, can you be ready so when you get the money you can start digging? Mr. Fosmoen: Yes, I will talk to the design staff in Parks... Mrs, Gordon: Alright, if you do that, you will save a half a year. Mr,.Fosmoen: Ok. Ms. Rogers: Thank you, so much. UNIDENTIFIED SPEAKER: Ok, thank you. Mr. Williams: Excuse me, City Councillor, that's not all that we need, Mrs, Gordon, Ok, Mr. Williams: We had a murder,,, Mr, Ongie: Your name for the record, Mr, Williams: John Williams. We had a murder down there, now the press is here, tell you that it was a racial problem and it's just about to turn into that. 17e need aepurlty and we need the City to work with me, to Five me a crime wateb down there, Now, 1 talked to Maior PiXon in the Miami Police Departtaent. be said he is going to give the a crime watch, but 1 don't want to wait until next week to get the erire watch, 1 want it as soon as possible, _Mrs, Gordon, Grime watch as 1 understand its is a oitizon P;artieipatlon,.4 90 JAN 1 8 1979 Mr. Williams! might, we have the eit.ens, but we don't have the Poiee. Mrs. Gordo n , . program who are willing to do their duty if somebody would get it started and working. Mr. Williams: Yes, Well, Officer Aie ander was here, he knows and he tried to work with the on it and we don't get the City's eooperatioh it"i this. Mrs. cordon: You doh't? Mr. Williat>ts: Yes. Well, I got one po icettan, I want to Meet hit personally in the gytn. tut, then we don't want those Policemen there. So, we need good people on both sides and we heed it now. Mrs. Gordon: honestly, Mt. Grassie, this shouldn't even have to be part of the CD program. This should be a program that we ought to encourage itttinediately to do whatever we can to ttiake certain adjusthet]ts to the operation. You were listening to that he said. Mr. Grassie: The Police Department does that Commissioner and... Mrs. Gordon: Yes, but they have had their cooperation. Mr. Grassie: ... I would suggest that we... Mr. Williams: Yes, but they are dragging their legs. I got a meeting in my house Sunday at 3 O'clock. Mr. Grassie: Well, the thing to do is leave your name with us. I'll come right out here in back and if you will meet me out there, we will talk about how we can get in touch, ok? Mr. Williams: Well, this is one Officer here, he knows who I am. I want these people to start working now. Mr. Grassie: Well, we have to work with the Police Department, I don't know that they can start working now, but I'm certainly willing to find out what your problem is and we will see whether we can get it in gear. Mr. Williams: And when she asked for the park, it was to get the frustration out, because you are talking in terms of a race riot. We are talking in terms of people hating people and this is not something that you can pass over right away. I would appreciate your cooperation in this matter right away. Mrs. Gordon: Yes, they are raking note of that. Mr. Williams: Thank you. Mayor Ferre: Alright, Mr. Fosmoen, the question from Mrs. Gordon is that I hope that somebody is taking proper notice of Mr. Williams's statement. Mr. Fosmoen: Mrs. Gordon: let them feel the Police as I'm sorry, Commissioner. Yes, we are. And that something, you know, real soon take place at least to that they have the kind of, you know, cooperation from here and well. Mayor Ferre: Alright, the next speaker will be Mr. Richard Kri nzman. ion, my ame is Mr. Kzmanam theies and yeforemen of the MiatnieFashionsDistrictnRichard Associationand Krim _ .man , attorney I'm here to talk on the Garment Center Re -development Project, I was before you once before and from the Miami Fashion District Association which is one year in growing, We would like to thank you, for any input that you have helpcomeed in in, thetbusgus the bus transportationahasortation incr'easedoandewerea arefor Ver,he workers to with that, We are one year old in growing and we represent at this point 38% of the garment related businesses in the area, including wholesale, retail, landlords and manufacturing. I'm here today to urge the funding of the garment Center Re -development Project for this year which 1 understand is in the area of shout a million dollars for re -development, The funds which are eventually to come to this area are to be used for job training, Wynwood residents would be getting priority in this Job training and we are looking forward to training people to come to work in the area, AP you know right 91 .J N $ 197 now, that wee have problem§ getting people to dote try work in the area and we hope that the re=developmeat funds will be used in this area, lt's alga apart of my ihfotinatibh that in the evert that re -development does aft come is the Areal there are §im businesses ready to pullout this year, one of whioh is a very large conoerii by the name of 'ifiropic togs", they have already been approached by the gtate of Arkansas for free rent for sim years if they were tb Move their business, They need area for empansioti, There ate, from what t understand out of forty three firts,polied tWenty.three finis are looking for eXpafisith area in the garment eetiter and we heed re -development fonds for that specific purpose, This is garment related business as indicated interest acid 10,10 acres of additional land thrOU gh redevelopment project and with anticipated employment that can be generated by the proposed empantion, it's approximately a thousand Herd jobs, We also Urge the City of Miami to look at it on another basis, by to -development you would be taking hofi income producing property, abandoned property and marginal property and putting them oh a good solid tax base for the City, Irt addition to that, you would be increasing your tax base by way of an inventory,,,, your inventory taxes, The tote business, the more prosperous that you have in that concentrated area are the more tax revenues you are going to raise for the City by inventory related taxes, Last, but tot least, you will also be increasing the tax base of this area by providing jobs for unemployed residents of the Wnnwood area and We urge the passing and the funding of redevelopment in the garment area. Thank you, Mayor Ferrer Alright, thank you, very much for that statement, At this time I'tn going to recognize Representative Gwen Cherry, Now, Gwen with my apolozies I didn't realize that you wanted to be a speaker, I just ran.., I'm going dot,-n these names as they,.. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Manor Ferre: Happy to have you with us., Ms. Cherry: It's a pleasure to be here this afternoon Mr. Mayor and the Commission. I want to say that you are beginning to do a very good job in. the Culmer area, the plants are going in, although the street is torn up. Now, the constituents in that area that I have are concerned about two things. They are concerned about the fact that you are not going to use the funds for the Culmer Center. The County is taking back the one hundred fifty thousand dollars for the Culmer Center because they say that you are not going to make use of .it and this is a great concern with the community. Mrs. Gordon: What are you talking about, Gwen? Mayor Ferre: What's that? Mrs. Gordon: What didn't we do that we were supposed to do? Mr. Plummer: Yes, that's a difference between... Rose, they brought it out the other day about the old Police Station and... Ms. Cherry: The Culmer Center, yes... Mr. Plummer: and the new one up there and they are too close in proximity... Mrs, Gordon; Oh, that #H on that map, that's what you are talking about? Mr. Plummer: Gwen, they didn't speak, but they brought out it our Tuesday's workshop... Ms. Cherry; Ok, alright. Mrs. Cordor: Yes. Mr., Plummer; ,,,that it is a concern and we did express a concern,,, They are saying that the old Police Station and the new proposed Culmer Center are too close together, that they really in fact serve the one clientele, sa they are not planning on redoing the old Police Station, but that's really not the problem, The problem is that the County wants to develop this stuff, but then they are going to turn it over to us to maintain it on the annual basis and that's where the real expense, Am l correct? In other words, they will put the brick and the mortar and then they want to :drop it and say '"ok, City, hereit's yours. And that's where the real dollars come in, is -when you try to operate .two centers, is the way it was made understandable to me Tuesday., 92 Ms, Cherry! tN60, that's sort 8f like the erum et the problett,,, but it was felt that If they saes fitted it up, theft perhaps the City would de the day todda', week to Meek ERpetite§ 'on the building, Mt, Plumber: Weil, I see it as two problems Wen, The first being and has to be answered, are the two facilities that are proposed too close to each ether/ Can one facility serve the entire Cu 'ter area/ The seeotd faeility, riot the old police "station is the bigger t,f the tto facilities which is the proposed. The second problem is the perdieti to operate and that's what we kicked around the other day,., 6h Tuesday, Ms: Cherry: tel , are you going to do a survey to find out whethet or not they art tbo e2ose to ogle another Ot if the community teeds both center's? Mr, Fostntieti `es, Ma'atn we ate, `We ate going to try and find out, nutnber one, what our operational cost are going to be if the old Police Station is rehab and number two, what kinds of programs would be put ihto the tiew center that the County is going to build and operate. And what kind of programs the City May run in the old Police Station, Ms, Cherry;: Thank you, so much, And there is another concern that the community has.,. Mrs. Gordon: Gwen? Excuse me, Gwen, I want to tell you what I suggested for that building, a Day Care Center to service the adjacent neighborhood. Ms. Cherry: I think that would be great, Rose, I think that would be very good. Mr. Fosmoen: You also suggested that we seek State funding for the operation of that Day Care Center, Mrs. Gordon: Yes, that's right and I also told you today about a funding source that hasn't been touched yet, so... Mayor Ferre: Now, that you happen to be here Representative Cherry and... we have a few things we want to talk to you about. Ms. Cherry: I think that's within the realm of possibility. The other concern the community had was about the Economic Development Program. the administration of it. I've read something in the paper about it, I.think this young man was supportive and the community has a concern. Now, it's my understanding... Is that Mr. Fosmoen? Mayor Ferre: Yes, and he is very grateful that you call that young man. Ms. Cherry: It's my understanding that you are seeking now to correct whatever the problem is and I'm just... I don't know whether the Commission was alerted to it, but I would like to see the problem corrected. The community would like to see it... Mrs. Gordon: Which one is it, Gwen? Ms. Cherry: The Economic Development Program, Mrs. Gordon: Oh, yes, Ms. Cherry: That's in the... Mayor Ferre; Thank you, very much Gwen. Ms, Cherry; Thank you, for allowing me this time. Mayor Ferre; And we would like to know if you have support of the, Bella hpzug pecause 1 nave, Ms, Cherry; I was.number one, 93 sent your telegrams in .A'N. f .49.79 Mayot Perre t All tight, we have Ms. Ahhe Marie, , . Mt. Atthe Marie Adkert Its Adker, Mayor Ferret I'm terrible about reading people's hand'wt'iting, to I apologize Ms. Adkert Most people 'make mistakes with that name.Its still American though. Mayor; Cotnissiohers, I'm Anne Marie Adker and I'm from the forgotten area caned Cutter. I at a native resident there,and though I tan take issue with every thug that you have on here that's related to Culmer. I would like to focus on the economic development prograt7. Now, you, through C.D. yoU have asked for citizens participation in recommendations on these particular programs. Yet, we have all this itput yet when we get it back We get staff recommendation that we actually throw out. Let's begin at the beginning. The residents in Culther a few years back, saw it necessary to back an organization called New Washington Heights, which Went from Commercial Rehab to Economic Development in the period of one year, funded by Community Development. But there was one stipulation from the Community Development that New Washington t-Ieights make a a quarterly report.The executive directress, Ms. Bell, ignored this completely. In September 1978, the program came up for funding and that's when the task force of Community Development sought to get a three-year report. At that time We demanded a three-year audited report. Okay. Since. then, Mr. Fosmoen has done an evaluation on that program, and I don't know whether you the Commissioners saw this evaluation or not. But he has recom- mendations on that. Yes. When the staff comes back, two or three meetings, -- they came back with a recommendation, recommended for funding. This project is an importantcomponent in the economic revitalization of the overtown and Dorsey-Wheatly N.S.A. Ths project will be undertaken by the City of Miami office of Trade and Commerce Development and New Washington Heights Office of Economic Development. Now we need economic development, redevelop- ment, revitalization, --you name it. We need it. We are not down in that, but we certainly don't want economic development under the directress of, --and we can have New Washington Heights but not under the Executive Directress. Mayor Ferre: All right. Thank you very much. Mr. Frederick W. Stewart of Miami Beach. Mr. Stewart you are next. Mendez, you are next after Mr. Stewart. ft 4 Mr. Frederick W. Stewart: Honorable Commissioners, my name is Frederick W. Stewart. I live at 101 N.W. 47th Terrace. I am on the Inter -Government Board of the great Buena Vista neighborhood. We are here as a group of residents of the Buena Vista strategy neighborhood area. We request the Buena Vista neighborhood be representing the Buena Vista Great Neighborhood Association. We like to take this opportunity to express our appreciation to you Commissioners for the fact that the City of Miami has taken the initiative to improve housing and living conditions in our neighborhood. The response from the resident to the City of. Miami housing, rehabilitati n program has been overwhelming. Thus far 133 Buena Vista residents have applied for these low -interest loans. We are here also today to address, express, a major concern of the Buena Vista residents.: Decent streets, — they are as basic as decent housino ,The streets in Buena Vista are in an unbelieving deteriorated condition, We challenge each of you to come and see for yourself the street in Buena Vista, and a disgrace for the City of Miami, Neighborhood strategy area guidelines call for concentrated efforts in impact areas. The improvements made should be visible and should make a difference. The housing rehabilation program in Buena Vista needs a compliment or better, it needs a foundation. Without decent streets and housing, the rehabilitation program lacks its foundation, We request that these basic needs to be satisfied through Community Development funds or through other funds which do not require financial outlays for the residents, One of the reasons the residents of Bdisoptittle River did not approve the recommendations of the Planning Department put forward to them January 10, 1979 was the referral to the bond funds, which require a 25% matching from residents. Ninety-five percent of the Buena Vista residents will be unable to bear that burden. That is why so many apply for low -interest loans to rehabilitate their homes, and to include and loan the cost for the sewer hooiup. We ask you again to provide the DVena Vista Neighborhood program with its basic structure with the Aid Foundation of Decent Streets, 94 Respectfully submitted, Buet;a Vista Neighborhood Assoeiatioh, tttel=� Government Relation Board. Mayor Ferret Thank you Mr. Stewart, Mr► Mendel, Mr, Jose Mende2t Mr. Mayor, distinguished COMMissiotiers, as you recall last year, I have appealed to you, taking sure together with Rufala Praiser, she is around here somewhere,tnaking sure that the money that was not appropriated for the garment industry, it was rot for human removal, but it was for the expansion and the improvement of the Wynwood area. Last year, I somehow came to you all again and l said to you all, the cotntnunity of WynWood approved the whole package with the exception of the garment industry because We wanted the unemployed of the Wynwood community tc become employable and finally employ to some percentage by the needle industry in the WynWood area. But somehow or the other, my message did not get across, and this year, because the WynWood leadership had protested and because I had indicated other alternatives to the office of Community Development. What they did was, that they took that portion of the garment industry and placed it on a city-wide nackaap. You know, if my father dcn't give me permission to do this I am going to go to my mother, --that's exactly how it sounds to me. I'm not saying ladies and gentlemen, that we don't need the million, five -hundred,-- to be spent in the garment industry What I'rn saying to every one of you is, that I don't want lip service, that I don't want an attorney,(and I have a lot of respect for attorneys),to come here and give you lip service. I want something in writing, where indicated, that area of Wynwood,is going to benefit, to certain extent out of that million, five -hundred dollars. That's number one. I Went to Washington a couple of months ago, and I spoke to Robert Embry who is the Assistant Secretary of H.L.D. and Robert Embry indicated to me, in front of an audience of about 700 people, that he has not received a pro- posal from the City of Miami for Urban Action Grant. The most appropriate grant to be used for such a project. And its already been,... Mayor Ferre: Is the UDAG? Mr. Mendez: UDAG. That's correct. Mayor Ferre: We've applied for about three of them that I know of. Mr. Mendez: Robert Embry indicated, Mayor Ferre: Robert Embry doesn't know what he's talking about. Mr. Mendez;...excuse me, Mr. Mayor, he indicated to me that the City of Miami has submitted one proposal and it was funded for some kind of housing rehab, or housing loan. Okay? When I spoke to him, this conversation has been followed through with several phone calls from Washington to my office here. Dena Spillman has said to me, that they have not written any proposal for UDAG in regard to that partcular porject of the garment industry. She ad- mitted that to me. And Robert Embry said to me that that would be the most appropriate to do. Mayor Ferre: I think that your time is up. T think that is a very good valid suggestion. sGonit's afantastic suggestion, 'eoultto Q'p onitBut the one �utthe one that yousaidwedidapply and didn't get t is for the second mortgage subsidized financing orooram that we arP a rParlA, embarking upon. Is that right Dick Fosmoen? Mayor Ferre; You know that IJDAC things don't get tied one with the other, You are going to make separate application. Mr, Mendez; Be made it very clear and be even indicated what his responsi- bilities were when we were in that meeting, Now he said that the L!DAG Program was one of his responsibilities and that he was willing to do eowething for the City. 95 Mayor Parse: All right, Mr, Mendel: ;vow, what lit saying to you, that whatever you hear, these people ate telling you, please tell them to put it ifi writing because 1 don't believe in lip serviee, Mrs, Gordon: 1 think your idea is very good,.,,.,revitali2e an atea that really we don't have the other funding to do it with; Mayor Ferre: Thank your bid Mr, John Williams speak? I thought 1 heard him speak before, Now, the next speaker will be Mary goutherh from Allapattah, Mary Southern fron Allapattah? Then we have Octavio Blanco, Mr, Octavio Blanco: We are coming in front of you today again with the proposal for a program that you are aware, to try to continue givinc the service that we do give, to the elderly. Mayor Ferre: Mr, Blanco, I'll tell you what, Why don't you go out and get her and in the meantime we'll hear Anita Cofino. Mr. Blanco: Thank you, Ms. Anita Cofino: Mayor Ferre, Commissioners, my name is Anita Cofirc I reside at 955 S.W. 1st Street, and at 9 o'clock this morning at 1 P.M. I became official the Chairperson of the Little Havana. Mayor Ferre:Congratulations. Mrs. Gordon: Are you the first Woman to serve in that position? Double congratulations. Ms. Cofino: I'm here and believe me, it is more surprise to me than I believe anybody else because even though I've fully aware of the problems of the Little Havana, I never expected I was going to be in front of this Commission today. But there are different things that I would to bring up even though some of the different agencies in Little Havana already brought their issue to the Commission. Now, this is something that in the last three meetings that we have held with our people in the Little Havana,, and its the will of the people in the Little Havana, that these programs continue to serve these people of the Little Havana area. I would like to call,(I don't knot; if I may), on Commissioner Lacasa. He was supposed to give this pre- sentation today and because of my not being so aware with the Commission and all these problems, he might be more aware and more emphatic in the real problem of these different agencies, and I will need your help Com- missioner. Mayor Ferre: Ms. Cofino,--I grr.nt you the remainder of her time which is 35 seconds. Mr. Lacasa: Just 35 seconds? Let me ask George first if I can go all. Mr. Knox, is there any legal problems in my voting to this explanation about what was on the meetings of the Little Havana Community Development when 1 was chairman? Mr, Knox: Again, there is a conflict of interest if in your own mind you feel that your participation would serve, some financial interest of your own, Mayor Ferre; You have no financial interest in Little Havana Community Center do you? Mrs, Cordon; Xou have an obligation to give us information, That's all, Mayor Ferre; May, Tell it like it is, Mr, Lacasa Okay, The situation goes like this, The Little Mavane CQm- munity Development Neighborhood has net three ti es,end the basic problem we .are facing tQ support the p,a kage presented by the staff of the City of Mimi Con erning the funding recommendation for the 546,and 7 year 96 JAN 1 1979 COMMUftity Development, is based abeciEitally.on three social programs that are WOE being considered at this point by the recommendation of the staff far funding, dose are the Aceiott, the trap portatiott program the Catholic Welfare bureau, Child Care program, and the induttrial Moi`ne for the Blind. The tittle Havana Co 'nudity Devei.op ,ent flask Force feels vet, very strot►giy, andl cannot a ►phasiie it -strongly enough, this feeling that this three particular programs have been serving out+ community very Well for the last years, The agencies that sp+ohsot these programs are proven ageflcies. Audits conducted On these agencies, evalU., ations conducted oh these ageheiesi has proven beyond arty doubt the effective. tress of their administration► There is a tremendous teed for these seiivites, aid the position that the e.i. Program of Little Havaha has taken is, that they will go to this C0mtni.ssiOt to plead with you once again as it has been done in previous years, that, the human problems when they are reasonable dike in this particular case, -=they feel they are, be considered. Especially since the regulations for Community Development funds provides that any program, any social program that is related to any fiscal program, funded by C.D,,--in that particular case, the Little Havana Community Center, is an eligible project for funding under C,b, Finally, another project that have never been funded, UMBk1LLA, was also strongly recommended by the Community Development task fore. Ms. Cofino: I would like to thank'Commissioner Lacasa for his help and believe me Commissioner, this will be the last time I call on you. Next time I'll be doing the talking. Thank you very much. Mayor Ferre: Thank you very much. Mr. Plummer: Let me ask a question Mr. Mayor. I don't need to intercede, The one that I am missing here today, and I wonder why really he is not here, and I never pronounce it correctly, --the elderly man. Inaudible. Mr. Plummer: No, no. Now, you say please. Let me tell you something. I want to know why, --am I happily surprised at the reason that he is not here is because his people have been taken care of? Unidentified: Yes, sir. Mayor Ferre: He is talking to Mr. Bond, right now. Where's Mr. Bond? Mr. Plummer: Where is Mr. Bond? Mayor Ferre: Mr. Bond is talking to Dr. Regalado Don't you worry about Dr Regalado I know what is going on. Mr. Plummer: Let me check one more thing. Mr. Bond the last time I went down there and went around to the different facilities, he had what I thought was a very, very legitimate concern about how much space, -- about space, for his program and the City was going to try to you know, dust really charge him more rent than they could afford, Now is that problem being addressed? That's all I really want to know. Mayor Perre; Who's program is that J,L? Unidentified person: His space needs are being met sir in the new facilities,,,.1 Mayor Perre; Not under his candle factory f hope? Unidentified;Negative, for the Los viejos vtiles Mr, Plummer; The old people,» -something program? Unidentified; The Useful aged. Mr, Plummer='Xes, DUt you are following through on that? Okay, 7 the Useful Aged, JAN $1979 i Mayor 'erre: All right, Mrs Blehoo, Mr, Odtaviei biehdOt Mr, Mayor, let Me keep try to giVe you a little bit more up oh What the heW Chairman §aid before With respedt to the agehdiee. Would like, Mayor and COMMis§iOhers to §ee why, as you heard today fro i the tttettbers of the ttaff of Cotmft Ihity bevelopmeht, ;ow eofe if the f>ihde to the City of Miami and Cottfitunity bevelopmeht have beeh going up, they haven't gone up oh the sate petaehtage toward the agehdies, Mow dOMe, if they got tore today thah they got yesterday, they keep denying the heoesti.ties that the peoples, i<'i the input that the CO rUhiti has to us and tell them to do it, They ca ,e in Mass Where the people,,, after they keep giving,' them the same atttouht of money, Ohe of the cohcerhs that we have, because i do work as part of the task force from Community bevelOpmert, is for a thillioh and two hundred thousand dollars uhder Riverfroht park, We are kind of Cohcerned. We do believe it is too much tttOhey. We Waht to have More time to tee if this Money is worth it, Mayor Ferre: Wait, wait,,,, Mr. Blanco: I'm talking now with all the heart, Mayor Ferre: Are you talking about the Latin River Park, or are you talking about the Special Activities Center, or what is it called?? Mr. Blanco River Park. Mr. Fosmoen Specialty Centers. Mayor Ferre: Which one are you talking about? Nr. Blanco: Specialty... Mayor Ferre: Specialty, okay. Mr. Blanco: We need more time because the community really is figuring that we are spending too much money in this specific project. We ask the Commission to talk to the staff of Community Development to please listen a little bit more to the people who devote that time to work with them and be there and spend many hours with them. With respect to the Action Community Center as you you have in front of you are, first of all, the recommendations from the Community Development staff on the monitor .and the result that we got these days, and I do believe that even, if you can read that on the recommendations, .that we are being recommended by the staff because the loss of money that we have lost from CETA and Dade County, --we lost I think it was about 80 thousand dollars, let me see if I can find -it, 70 thousand dollars from Federal Revenue Sharing, and we lost 5 positions from CETA in the City of Miami. Mr. Mayor, Commissioners, thi_ :v is working only., one third capacity of last year. I do believe you are aware that last year we did serve 36 thousand trips to the community.. Mayor Ferre: Now many? Mr. Blanco: Thirty-six thousand trips to serve last year. Mayor Ferre: With how many buses? can see Mx. Blanco: With 5 buses. Unfortunately until today, we have been promised, and I do believe that they are doing their best to get for us positions to get at least the three drivers. But, as of today we haven't got the drivers, we are only working with two drivers. I believe when we are trying to get the other two buses that are there and they don't want to start because they are kind of old and they have been stuck over there for four months, I don't believe they are going to run again. M. Lacasa: Mr, Planco, does your agency serve Only Little Havana or other areas of thecityof Miami? Mrs Mahn: No, tit We nerve the whole City of Miami area, Mks PiUMMet : tut wily the City' Mr. bianco: Only the City of Miami, one of the requirements o our program is they have to be a resident of the City of Miami. Mrg. tordont 'Octavio, you mesh, you pick-up people it any place ih the City of Miami and bring them where ever they heed to §off Mr. Blanco'! Yes, sotrietimee 1e have to go outside of the limits of the City of Miami to take the people, but today to be entitled to have more services, they have to reside ih the City of Miami. Mrs, Gerson: How call you.., l don't tihderstand it, there are only two buses moving... Mayor f'erre: Five Mrs. Gordoh: Yes, he has got five, but only two are working, he only has two drivers, he just said so. tsn't that right? Mr. Blanco: Yes, Rbse. Mrs. Gordon: he even said he doesn't, even know if the other buses will start because they have not been started up in a while. Right? Mr. Blanco: Yes, and it's another thing that we wanted for you to consider on the first program that we presented we were asking for fourteen thousand dollars matching fund and by that time Mr. Parkins was the Manager and we told him, look, if we do get the money from the Department of Transportation, we don't need the fourteen thousand, but please, can you help us to get the fourteen thousand dollars if we get the fifty-eight from the....and he told us, we will get it. Mrs. Gordon: You know, that's really a serious problem because here you have a program whose hands are tied. They want to perform the service and they are limited in what they can perform with half the vehicles and half the drivers. What can we do Mr. Fosmoen? Mayor Ferre: Rose, before we continue with that, I see some people coming in on this question of the Miamarina here and the trust and what have you. And we are not going to get to that, Mr. Dublin, for about an hour, so if you want to go out and have a cup of coffee or something... come back in an hour and we will se you at 6:30. (BACKGROUND COMMENTS OFF THE PUBLIC RECORDS) Mr. Fosmoen: Commissioner Gordon then asked what can be done about the busing.... Mayor Ferre: If you start answering all this... Mrs. Gordon; No, that's a question that needs an immediate answer because it has an immediate problem that needs to be resolved. We are wasting money by having, in my opinion, vehicles sitting. Mayor Ferre; Okay. (COMMENT INAUDIBLE) Mayor Ferre; Are you going to give her the answer. Mr. Fosmoen; Yes, but don't have an answer for you right now, Mrs, Gordon; Would you look into that then, if it is possible? Mayor Ferre; Would you put it ins „ Mr, Fosmoen, would you put it in writing and would you go see Mrs, Gordon personally and then to the rest of us send a copy in writing? Commissioner. Mrs, Gordon; No.. you can send it to me, don't need a personal presentation, (bACKGYQ ?NQ =inn QFF Tig FSLIC 1 CQRP) Dlanco;Mr. Mayor, for .your information and information o.t the 9,9 JAN F1979 tommittionert. f do believe that about three or four manth§ ago' tammit;giohor Plummer asked to the Community tavelopment how mueh money they were apendiMg on the tonal 'dery fit program§ that they auppoted tamest' were ihttructad by the Cotmnission to §peed 'ten parent and the answer wa§ that they efiy spent last year ts2 per-eent. WI do believe that wa were supposed to get the tan percent, why do they have to detyy it to the terviee &gannet the ten percent that you people gave ua? Mayor Ferret Well, also hlaheo, the total amount has increased St of what Mr. Blanco: Yeti air, from two Malian to eleven tillioh. Mayor` Ferret ao, five pereerit Of two minion it a hundred thousand, titre percent of eleven million is a lot there money, you tee, Mr. alatieot We got a lot of Money, Thank you, Mr. Mayor. Mayor Ferret I think you read that eiear you read that a lot Clearer, Okay, Mrs. kosl}+n S, Sparks and'Mrs, Federica Brown from the Coeoniit Grove Target Area, Ms, Sparks:. Mr Mayor and to the other City COMMissioners, my hate is toslyn Sparks, I live at 3067 Carter Street, Coconut Grove. On behalf of the CAACb Advisory Task Committee of Coconut Grove, I would like to have you reconsider one bf our priorities and assume you have all of them before you, one of our priorities for the fifth year in order to complement some of the services and benefits some of the residents bf the area are already receiving or hope to receive, as well as to serve the general public of the area who fall into the low and modern income level, As We strive tc eradicate many of the problems of our area, especifically the physical o e . we are finding that other problems are popping up. And one of our problems certainly is that of legal services, as our residents are getting their homes rehabilitated, as they are buying homes under the new Housing Assistance Grant, they are also buying goods and furnishings to put into those houses and they are finding that they are in need of legal help, in terms of understanding their warranty, their guaranties, returning defective products and how to get it back or never getting it back. So these people are continuing to have some problems, I would like to call your attention to one in particular. A senior citizen had her house rehab, she was able to get a rug, carpeting for her floor, she found for herself a person who could clean the rug- our of the yellow pages, she thought it was, you know, reasonable, but they use too strong a detergent for whatever amd of are the rug. The rug just started coming apart and to this day she has not been able to solve that problem, she doesn't have anybody. We have morn and more of these people who are,getting bit by trying to buy stuff tc improve the interior of their homes as they improve. So, it is our' feelings that we must have legal services in the area for them. The reason given for not funding the project was, number one,, that there are no funds available,and number too, that there are..such services are provided or. a County wide basis. Any person in the Coconut Grove Target Area who would need some legal services will have to get himself or herself over to Southwest 1st Street and 13th Avenue and wait. It is our opinion and our with that you reconsider this and fund our project. In response to no more funds available, we way, well we ,thank you, for the amount that's already alloted if it is' absolutely necessary, though we hope it is not, then you reallocate or redistribute what has already been allocated. Thank you, very Much. Mayor Ferre: Alright, thank you. And wenow would like to hear from Irby McKnight of Calmer... Is Ms. McKnight here? Oh, Mr, McKnight, I'm sorry. Mr, McKnight; Good afternoon, my name is Irby McKnight, I am a citizen of Culmer, The Culmer community has long been a neglected conanunity by City officials and County. Ladies and gentleman, fellow citizens, we ask that you take a close look at what's happening in our neighborhood, A few weeks ago, plans were announced to clean-up the derelicts from Downtown, We in Culmer are not aware of whether these plans have gone into effect or not, but we know that the announcement of such a plan is working. Our neighborhood is now a well integrated neighborhood of Black and White derelicts, if as though we didn't already have enough problems, We have eliminated the purse snatchers from among us► now the City has taken up that habit, They have started with teh purse strings of the drug program that was once held in Culmer, community mental health that was located J 1979 oil ; !tide o liner, thteretew i peoreation Ceh er TAM and now there hfie been a threat to cut the funds to New Weehingtoe Height§ the eu tutal advisory eoaneil, all thus program that serve the area. Commissioners end Mr. Mayor, who fire you kidding? U111 there be real efforts made to redevelop out neighborhood? Or, are we wasting out t se? It has been asked that the ,gement center be shoved to emptied to the south frog where they ate located, while the garment eentet does provide ettpioyeent for people, done of them live ire Culmer. The new axtiansiori of the oarftent setter will enable the center to provide more Jobe for people outside of Culmer or are we going to it back and take this? fir, Mayor and CoMMissiotters, Tease take a look at the people in Culver, If you believe for one moment we are going to continue to eit there after fighting so many years to control our lives, to control our neighborhood and to work out the problems that have been affecting us, It seem as though, after problem§ are eliniit►ated by concerned community people, if nets ones do not crop -up on their owh, the City invent one and give us. The days of inventions, when Atneriea was as young State was definitely a needed thing that was probably enjoyed by all those concerned, but today that we know the wheel is here to stay, today that we know the color television is not contagious nor is it a joke We also know that re -development in Culmer may be a joke. If the City is going to handle it based on what to have learned from our paSt experience in a neighborhood, in a community that we have held together by tooth and nail and what other means necessary. When we examined the programs that are designed to help people alleviate suffering and other ills that plague them in society, we have learned that our biggest mistake may have been to eliminate the purse snatchers, for while we had them the City didn't dare come into the neighborhood. But now that we the citizens have eliminated them, the purses are still being snatched by a higher authority Sometimes we wonder who the real thug is. We ask that you consider in Community Development Block Grant that the Culmer is given top priority: We ask that the Commissioners and the Mayor here today and all of you sitting here, eyeball them, ride them, stay with them or follow them around if necessary until our community is developed or you will see us on your doorsteps in your community. Thank you. Mayor Ferre: Alright, thank you, Mr. McKnight. Alright, the next speaker is Rona Bartelstone of the United Family Children Services and Downtown Elderly Service Program. Ms. Bartelstone: Thank you, very much. I just want to tell you a little bit about our program and thank you for your support in hopes that you will continue to support us for the coming three years under CD Public Service Funds. Our program is targeted for Downtown Miami which is more than 50% elderly at this time. We are a counseling program, we do psychological counseling and we do environmental manipulation to help those elderly get the services that they need Downtown.' We work primarily with the handicapped, isolated elderly who don't get out of the area and don't get the social services that they need. We see approximately a hundred seventy clients a month with only three staff, only one of which is funded through CD and we are working very closely with the two Downtown Senior Citizens Programs and with the HUD relocation. We have been in touch with the relocation workers, we have worked out a team system and we are going to be working with them on the relocation. And because of the tremendous impact of the relocation on the elderly Downtown, we feel that it is very important that we continue and we hope that we will have your continuous support. Thank you. Mayor Ferre; Thank you, very much, The next sneaker is Mary McCoy Green of the allapattah area. Ms. Green? Ms. Green; Honorable Mayor and members of the Commission, I have had to change wry area because I thought I was in Allapattah area and I found out I am in the Manor Park area. But, anyway I'in in the Model City area, but I want you to know that I cane here because of what I saw in the newspaper, that it was an input by citizens of the community to know what was going on. And as I sat here this afternoon snd heard the reports from the various people, I found out that my area to not even mentioned, so I was glad that 1 whs last to cone to the podium, however. Manor Park is where 1 live, 4950 Northwest 15th Court has not received any of the money for years one, two, three and foot', and here comes year five and we have asked for sours of the money, And you .444 hear from this that we would like to have one thousand five hundred dollars to see about the 101 JAN 197 concentrated code enfareement and rehabilitation loans and grants. We would like to have three thoueend five hundred dollars for area improvements including curbs, gutters, sidewalks, re*servieing and landecaping. We would like to have a hundred fifty thousand dollars for acquisition of deteriorated structures and vacant land for new housing, Now, may i say to you who are it eherge of Community Development, please look over your program, revise it, revamp it, recount and put us in as #0 target area. Thank you, Mayor Ferret Alright, thank you. Alright, Mr► Florence? Ht. Florenee, are you here? Mode Florence? 1 peas he is not. Are there any other speakers or any other people that wish to address the City of Miami Commission at this public hearing with regard to Community Development? Alright, sir Yes, Ha' att7 Ms. Wilshire: Commissioner, my name it Marie Wilshire and 1 have worked it, the Model City area for the last ten years and one of the things that I would like to address is, that the funds that are available for the Model City area... Mayor Ferre: Ms. Wilshire, eXeuse Me. I see some people corning in for the meeting at 6 O'clock on the Marina here at Dinner Key We are not going to have that meeting for at least an hour, so there is no use in you standing here, come back in about one hour or Close to 7 O'clock and you will be just about in time, Ms. Wilshire: Thank you. Mayor Ferre: Go ahead. Ms. Wilshire: And I would like for you all to reconsider the amount that is allocated, that I ask for a 25% increase in order to help some of the programs in the Model City area. Mayor Ferre: Alright, thank you. sorry, go ahead. I guess just that concludes then, all... Mr. Erwin: Mayor Ferre and members of the Commission, my name is James Erwin, I live at 1030 Northwest 57th Street. I am a member of the Martin Luther King Neighborhood Association and we have had the opportunity to review the recommended three. year community development budget for the King Heights strategy area and based on our review, we have a few questions. What is the difference between the rehabilitation and revitalization as they are two separate cost categories on the King Heights recommended budget? Also, does revitalization include land acquisition? .How and what basis or rather who made the decision for the detailed breakdown of the items recommended for the budget? Mr. James Irwin (eont'd): Ibe reason far this is that wt are venting to know the input, if there was any, by the residents themselves as tberevere alsarly no Xing Heights residents involved it preparing the final details in the budget breakdown of the recommended budget of fling Heights, and at the amount rem., mended by the City Community bevelopment Office is not enough to do an effective rehabilitation and revitalisation program. Ca brhaif of the residents of cling getghtr4 and the Martin Luther Ming Neighborhood Association ve hereby recommend that the City gives us an opportunity to have a bit of input into their final budget decision for the Xing Heights area. Thank you. Mr, George Hepburn: 1 am going to make it very quick, your Honor, To the Mayor, members of the Comiasion, and also to the latest member of the Miami Commission I wish to publicly 000sratuiate you beeauseryou came from our group which gives all the City Chair oersons that hope we, too, eat make it to the City Commission and to the County CoM issibh one day. As Chairman of the Model Cities Cb Mr. Ongiet Four name and address for the record, please. Mr. Hepburn: ...George Hepburn, 2126 N,W, 47 Terri 1 wish to say a few things about the overall proposal in terms of the Model Cities and that portion that happens to be in the City of. Miami. Number one, 1'd like to point out to you and it has been spoken about earlier, in terms of the Manor Park.Nsh area, which was designated by the City of Miami CD staff as a neighborhood strategy area, unfortunately, it should not have been done because they; saw fit to not even allocate a penny to that. The thing that is bothering mejis that right now the City of Miami is spending millions of dollars in that neighborhood in terms of water and sewer improvements. 1 would like to ask, at the end of that improve- ment, what are you going to do about the streets that are being torn up i f CD does not allocate those dollars of estimated cost for the improvement of the streets and resurfacing of the streets, landscaping and What not' Now, it is my understanding from the City of Miami Public Works that no dollars have been allocated for street improvements from your Capital Improvements Fund which means that the only source the residents of that neighborhood can rely on is CD funds. There- fore, I'm in support of the residents from the community who ask that you direct City staff to go back and look at their proposal I'm sure, from vhat they have told me, that in terms of any of these Capital Improvement proposals it takes a year for the design. I'm saying that they can utilize some of the money that they are talking about the waterfront river improvement until the sixth year to put in that particular area as soon as they get through with the water and sewers. The other area, happens to be the King Heights area. As ve look at that, it is supposed to be a partnership between the county and the City of $500,000 and we are talking about revitalization, redevelopment of an area. It is totally impossible to use those limited funds in order to revitalize and redevelop that area. What ve are suggesting, and here again you direct staff to pursue all avenues to procure funds, additional funds from whatever sources there might be, to use in that particular area in order to actually do some type of revitalization. The $500,000 is really insufficient. The last item is one in which I vas sur- prised to learn just now from the person who is supposed to be our planner in the Model Cities Neighborhoods from the City of Miami that they don't even know portions of their own City. A request vas made at the Public Rearing in the Model Cities Neighborhoods by the Carver Branch of the YMCA, which is located on 58th St. and 15th Ave. which is in the City of Miami limits. One, they have requested of the Dade County CD, and they have been very receptive to the proposal, that they acquire a parcel of land that is located in the county for the reloca- tion of the Y. The thing that they are asking the City of Miami to do to acquire the old Carver site for housing, not in the fifth year, but possibly included in the sixth or seventh year land acquisition program. This can be done. This way will enhance the Y to relocate, to redevelop, but that site can be used for single family housing which will be compatible with the housing that is currently there. I thank you. Mayor Ferret Thank you very much, Mr. Hepburn. Are there any other speakers now? If not, I grant to thanks all of the participants for your addressing the City Comuiseion on sty Development. pow, I think that a dlstinguisbed former City of Miami Commiealonerr, Alice Wainwright, came in a few mutes ego,+.we +ire always happy to have you with us Mrs, Wainwright, We are, ai you may remember, from your days with the City mission, ' running once again behind schedule, Me, Wainwright; t Wow late are you? Mayor Terre; 1 think about an bo r< and 1p minimes lets, 1 don't think that we say ';V4431979 will be hearing the item on the Dfnnar Key HArina Mail 70O o'eloak. We're been running like thin All day, va haven't had..Roaa hasn't even had loth yet go it's been a diffieuit day, Now, 1 think, mashers of the Communion, if we eat atirk together fat another 15 minutes and not do too much talking ve tan clean up I'd say .... Mrs. Cordon: Mayor terra: all right, THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 5 50 P.M, AND RECONVENED AT 7:10 P.M. WITH ALL MEMBERS OP THE CITY COMMISSION POUND TO BE PRESENT EXCEPT COMM/SSIONEItS CORDON MTh LACASA. Leta eean up later, let's go on a break now. You went to clean up later7..We wili than reconvene at 7 o'clock, 33. AUTHO%IEE SOUTHERN BELL TELEPHONE & TELEGtPH COMPANY TO USE CITY STHEETS IN ACCORDANCE WITH CERTAIN TERMS AND CO NDITIONS4EERtiAPY 1; 109 TO FEB ttiAtkY 1, 100 Mayor Ferre: I'm sorry Father, it's been a long day. Okay, note, Mr. Fosmoen, you told me that tack Gilstrap had something that he's been waiting for for four hours or something like that. Mr. Fosmoen; It's item 43, Mr. Mayor, it's an extension of the Southern Bell Franchise for one year. Mayor Ferre: Is that a controversial problem?' UNIDENTIFIED SPEAKER: Not 43. Mr. Fosmoen: I'm sorry, 46. Mayor Ferre: All right, is there any problems with item 46? Mr. Plummer: If there is none, I'll move it. Mayor Ferre: Now, Mr. Gilstrap, I want to make this with the following point that when Mrs. Gordon gets here and Mr. Lacasa just arrived, if anybody has any objection I would give them the courtesy of bringing this matter up again, should it be a problem for Mrs. Gordon. (COMMISSIONER LACASA ENTERS THE MEETING AT 7:13 P.M.) Mayor Ferre: All right, so it's been moved by Plummer and seconded by Gibson, with that, further discussion and call the roll on 46. The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO. 79-17 A RESOLUTION AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COM- PANY TO USE THE CITY STREETS DURING 1978 AND 1979 IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS, AND PAYMENT THEREFOR TO BE MADE ON FEBRUARY 1, 1979 AND FEBRUARY 1. 1980, PROVIDING THAT SOUTHERN BELL'S ACCEPTANCE OF THE TERMS AND ITS PAYMENT OF THE CONSIDERATION HEREUNDER CONSTITUTES A FULL AND COMPLETE COMPROMISE SETTLEMENT FOR THE USE OF THE STREETS FOR 1978 AND 1979; FURTHER PROVIDING THAT SOUTHERN DEI.'S PAYMENT DE WITHOUT PREJUDICE TO THE CONTENTION OF SOUTHERN DELL IN ALL MATTERS HEREIN; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON IFAATX OF THE CITY REFLECTING THE TERMS HEREIN, UPON SOUTHERN DELL'S FILING OF ITS WRITTEN AND BINDING ACCEPTANCE OF THE TERMS HEREOF WITHIN 30 DAYS FROM AND AFTER THE DATE THE HEREIN RESOLU- TION DECOKES EFFECTIVE, 104 (Hare follows body of resolution, omitted here and on file in the Glide of the City Clerk). Upon being seconded by Commissioner Cibgon, the resolution Was passed and adopted by the following met AYES: Commissioner Rose Cordon* Commissioner (Rev.) Theodote R. Gibson Commissioner M,gnolo Reboso Vile Mayor 3, L Plummer, Jr. Mayor Maurice A. Pare NOES: None. *(Even though Commissioner Rose Cordon was absent on roll call she asked that she be shawl as voting With this motion) . 34. ACCEPT BID: PINES SANITARY SEWER IMPROVEMENT SR-5450 (C & S) Mayor Ferret Now, is there anything else that somebody has been waiting up all afternoon that needs to be taken care of. Yes, sir, step forward. (INAUDIBLE STATEMENT MADE OUTSIDE OF THE PUBLIC RECORD). Mayor Ferret And you've been here since 2t00 o'clock. You've been here 5 hours too, okay. Pines Sanitary Sewer Improvement, accepting bid of Intercounty Construction Corporation, recommended by' the City Manager, is there any problem? Moved by Plummer, seconded by Gibson, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-18 A RESOLUTION ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION CORPORATION OF FLORIDA IN THE AMOUNT OF $3,467,428.75,THE TOTAL BID OF THE PROPO- SAL, FOR THE PINES SANITARY SEWER IMPROVEMENT SR-5450-C (centerline sewer) IN THE PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-C (centerline sewer) AND (sideline sewer) IN THE PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-S (sideline sewer); WITH MONIESTHEREFOR ALLOCATED FROM THE "SANITARY SEWER G.O. BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED FOR PROJECT AND INCIDENTAL EXPENSE FROM AFORESAID FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon* Commissioner (Rev.) Theodore R. Gibson Commissioner Manolo Reboso Vice Mayor J. L. Plummer, Jr. Mayor Maurice A, Perre NOES: None. *NOTE: Even though Commissioner Rose Cordon was absent on roll call, she requested that she be shown as voting WITH this Rion, 1 105 Mr. Plummer What's the problem? Mr. Dngie: lto, the gentlemen asked at if that itet had beau taken up. Mayor Perre: Okay, this it Pines gatitary Sever for Intereounty Construe- tion Corporation, right? Ca11 the roli. Mr. Plummer: Excuse me, f hate to do this to you, I know you are counsel, are you the representative of the Company, sir? UNtbENttPtEb SHAM: Yea, air. Ni. Plummer: All right, sir, it only fait to tell you what took date here earlier if you didn't,.. Mayor Terre t Put his name on the record. Mr. Plummer: Put your nafae on the record. Mr. Mike Marinelli: Mike Marinelli, President of Ittercounty Construction Mr. Plummer: Sir, this Commission is becoming very, very cognizant, I'm not picking on you, I don't know that any of your projects are involved, but this Commission is becoming very aware of problems existing when construction is going on. This Commission is becoming plagued with complaints. We give you as a word of caution, we ask you to be extremely careful and cause the least inconvenience to the residents as is possible. I think that you should have that warning, that We are start looking real heavy into that in the future. Mr. Marinelli: Sir, that has been a problem throughout the years with the City in work. The City Commission has...I guess...they put us in a position where we just don't have a place to operate. It is getting to be quite a problem, we would like to review it another time with you, at your convenience, Mr. Plummer: All right. Mayor Ferre: Mike, I apologize to you for this long delay,.I wish really you had stepped forward and told me, you know...I didn't see you here before, you have been here for 5 hours and you've waited this long, with all due respects to you it is your own fault because that was put through at 2:00 o'clock. Mr. Marinelli: Well, I knew you had a lot of people here, we appreciate the time, thank you. Mayor Ferre: All right, is there anybody else here, since this morning that has waited all afternoon on any of the undone work that we have pending before us in the afternoon? Through item 75, that we haven't done. (INAUDIBLE COMMENT FROM THE AUDIENCE MADE OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Yes,, sir, item 47. All right. (COMMISSIONER ROSE GORDON ENTERS THE MEETING AT 7:17 P.M.) Mayor Terre; and 27. Mrs. Gordon: Mayor Terre: Problem with Mrs. Gordon: Rose, we passed item 35, no we did it this morning...we did 46 I voted on those, just naw. I recorded my vote. Okay, and I made any of those that That's only two, a statement into the record that if you had any we would reconsider, and I vote affirmatively, ior IL', j 1571 3b. PROPORM CONTRACT VIM MONHlf Discussed and temporarily deferred. Mayor Ferre. All right now, we are now on item 47... Mt. Plummer: There it going to be some diseutsion by me► Mayor Ferret Authorizing the City Manager to eceeute a eoatraet with Witmer As- soeiates, inc.; to provide for the purchase and inttallation of the "MONFYMAi" computerized each flow forecasting and investment management syetem. City Manager reeommetds. First of all let's hear from the Administration and then let's heat from Mr. Burns. Mr. Posmoen: I'd like for Mr, Burns to present this item, Mayor Ferre: All right, Mr. Burns. Mr. Plummer: Who is Mr, Burns? Mr. Fosmoen: Sorry, Mr. burns works in the Finance Department, Mr. Gunderson is on vacation. Mr. Burns: I am the Assistant Finance Director to the Treasury Management Division. One of our functions is investing the City's funds. Initially, I planned to summarize Mr. Gunderson's order to the City Manager recommending the purchase...I since found out that is part of the package that is in front of you so I won't belabor that point. Mr, Plummer: I don;t have it as part of my package, that's the reason I'm asking. Mayor Ferre: Item 46? Mr. Plummer: Item 47. I've got 46 and then it jumps to 48. Have you got 47? Mayor Ferre: Plummer: I've got 47, Plummer that means they just leave you out of some things. Mr. Plummer: They are trying to pull a sneaky Pete here! Mayor Ferre: flow much is this going to cost? Mr. Plummer: $62,000 in operating costs annually and $17,000 Mr. Burns: Yes, the $62,000 is a one time installation cost. Mayor Ferre: Well let me tell you something, if this thing predicts daily cash flow with 95% accuracy you take the interest that we're going to be saving on money and all that, how much is this going to make for us? Mr. Burns: We're estimating the total package will generate between 200 and $400,000 a year annually. Mayor Ferre; All right, I see. And this is something that's not experimental in nature, it's well-known, it's used by Orange County in California and so on? Mr, Burns: Right. It's also used by Dade County, the City of Jacksonville, Jack- sonville Electric Authority. Mayor Ferre; And this has the Manager's recommendation? Mr. Plummer; Mr, Mayor, I would ask this be deferred because I have not had the chance to read it and I'm sorry, Mayor Pierre; $200,000 a year divided by 12, do you want to defer it? Mr, Plummer; I want it deferred, yes, sir, Mayor Ferre; It's an $10,0OO deferral, iOp e,� Mfs Kumar; ter. Meyer. it is not my feeponsibility to fill eat the peehage it's theirs. Mayor Ferre: It's your responsibility to Is $1d,OO6 tar the Dapla of Mil it you ears. My advice to you is that before the end of the night you raid it and pass it. l r. Plummer; till go along with that. Mr. Burns: Also, if i may interrupt, there has been one ehange. initially the oast of this proSect was in Capital ProSeete, that has since charged and we now plan to fund it, the $e2,000 and the $1'f,OOO operating east from the increased revenges. Mayor Ferret (1) 1 apologize to you) you're going to have to wait longer be- cause l think Mg. Plummer is entitled to question) it will Have to wait until he's had the opportunity to review it MY. Planer: Was this put out to bid? Mr. Burma: Yes, it was. Mr. Plummer: And how many bids were received? Mr. Burns: One. There were 33 applications sent out, four companies attended our three bid conferences. Mr. Plummer: You put out 67 bids and only got 1. Mr. Burns: Thirty-three. _ Mr. Plummer: l can't believe that, Mr. Mayor. May I see a copy of the specs, please? Mayor Ferre: You mean the specs were written in a way that only one.... Mr. Plummer: Something's got to tell me something around here and somebody else one of these days. Mayor Ferre: See, here we go again. Mr. Plummer: Put out 289 invitations to bid on Dinner Key Auditorium and got 1. May I see a set of the specs, please? Mr. Burns: All right, when you're talking about a set of specs.... Mr. Plummer: That you sent for invitations to bid. Mr. Burns: Yes, I'll get that for you. Mr. Plummer: Please. Mayor Ferre: I would like - is he with the City of Miami? Mr. Fosmoen: Yes, sir. Mayor Ferre: Would you do me a favor? Mr. Plummer, when you have some time tomorrow.... Mr. Plummer: I'll be here all day, I've got Pension all day tomorrow. Mayor Ferre; Will you make it a point to sit down with Mr. Plummer to sit down with Mr, Plummer and show him the whole bid procedure and the bid docu- ment? because you know I'm tired of hearing implications or Allegations of wrong doing that never some to a head and if there is wrong doing i want the person responsible for any wrong doing brought to light end this is criminal wrong doing, let's take them to the Grand Jury and to the supreme Court of the United states if we have to and lust you know, but these things about = well... You know, Mr. Plummer; Mt. Mayor, I don't want you to misconstrue any remarks that l have that I'm wing any iccusationst I thiWthe numbers epee% to; themselves, I'm not Paying that there is any criminal ar any intentional wrong doing, I'm saying wheh you have invitations to Did to 209 people for s restaurant and you only get one bid something is wrong. Whorl you send out a vexter of a 1.0Q JA±d 1 13 1919 • million dollars of invitations to bid for automtbileg and you get baok elhe bid something is wrong. Mayor Perrot Then I think we ought tb get Alh auditing committee or Ut Mint th §et somebody that's' Mr. Plummer: That's why t fought /16 damned hard at thd budget time to get a spee writer and 1 gat defeated. You know) something is Mayor Perrel You gat defeated by who Mr. Plummer: Overridden by the administration who said they looked into the matter and did hbt justify the $25.006 eXpehte. Now you know) please don't misunderstand me) you ih particular) sir, because the Mayor beethe t6 feel that I'M picking on you I'm sure. Mayor Perret Mo. Mr. Plummer: All I'm saying it the numbers is what I'm playing t6. Mayor Perret No. C. L.. it's hot that you're picking on hitn it's that with all honorable and good intentions we and up getting ourselves ih pickles be- cause we imply things. See# the implication or the statement just made is that some 30 people were invited to bid and 4 came to the pre -bid conference and only 1 bidsomething is wrong and the something has got to be that the City of Miami has done something either illicit, illegal, immoral or unethical. See? Or inaccurate. Okay, and the point is that / think it is time for us to stop saying that and for us to get to the bottom of this damned thing, Now if there is that kind of a problem let's fine out what it is and put it to rest, Let's not complain about it anymore, let's solve, let's get into it. And I'm perfectly willing at your request to call a special Commission Meet- ing to do nothing but that and we'll get into all of these things that you want about how many bids we got and how many bids we didn't get, Mr. Fosmoen t Mr. Mayor, on this particular issue 1 think that Mr. Burns may have a couple of points that are worth noting: (1) He tells me that this particular system is virtually sole -source.... Mrs. Gordon: Virtually what? Mayor Ferret Well then you didn't have thirty bids.... Mr. Burns: No, we sent out 33, we sent out proposals to 33 companies. Mr. Plummer: How can you send out proposals to 33 people when there is only a sole source? It's just a joke. Mr. Fosmoen: The system that they have is a package system. There are very few others .... Mx. Plummer: Well then how can you send.... Mr. Fosmoen;. Because we were inquiring as to whether or not anyone else had the capability. Mayor Ferre: Well let me ask you this, Mr. Burns, who does Metropolitan Dade County use? That's the question. Mr. Burns: They are using Wismer's Moneymax System. Mayor Ferre; That's the question. They are using Wismer's. Mr, Burns; Yes, Mayor Ferre; Who does Jacksonville use? Mr, Burns: The same system. Mayor Form Who does Orange County, California Will you excise my lsnpage, why in the hell didn't you say that in the begiming? Mx. Burns; It hadn't occurred to me, Mayor Ferro; have no further questions. 109 JA14 8 ig7g Mr. Plummer! ! Forget it. Mayor Ferrel le there auythirg else, Mr. Plummer! Not en this matter, ro. Mrs. Gordon! Are you going to mall ter a gate now/ Mayor Ferret Well, Plummer wants to read it. Mr. Plummer! 1 want to read it, Able, Mayor Ferret Thank you, Mr. Burns. 36. EXTEND HOURS FOR SALE OP ALCOHOLIC EEVCRAGES FOR POR SUNbAY PREC btNG t'SUPERBOWL Mt". Mayor Ferret Is there anything else that hat to come before the Corr ;ission? Mr. Plummer: Mr, Mayor, the only thing I'd like to bring up, Mr. Fosmoen, there is nothing on this agenda that 1 can see but I keep hearing all over TV tonight that this Commission is considering changing the hours of alcoholic beverages for Superbowl. Mayor Ferret Yes, I am the culprit. Mr. Plummer: Culprit? I'm in favor of it but I just want to know where the hell it is. Mayor Ferre: I'm going to tell you what it is. What it is is that the Hotel Association called my office and reminded me that at all Superbowls we have always done that and would we please comply again. I said, of course, we'd be happy to put it on the agenda. Mr. Plummer: I'm watching TV and I grabbed for the agenda because I didn't see a thing on it. May I? Mayor Ferre: Bob, I got this request from Skippy Sheppard last Wednesday an! I told your office about it Wednesday or Thursday, why is it being given to the Commission a week later? Mr. Hob Homan: I didn't know about it until after the agenda went to print. Mayor Ferre: When did the agenda go to print? Mr. Homan: Thursday night. Mayor Ferre: Okay. ... This is only for the date of January 21st. Mr, Plummer: Yes, the same thing we do on New Year's Eve and Christmas Eve. The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO, 79-19 A RESOLUTION PERMITTING AN EXTENSION OF SOURS OF SALE ON JANUARY 21, 1979 FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being sacon4ed by Commissioner Gibson, the resolution was passed and adopted by the following vote A S; NOES. None. Commissioner Rose Gordon Commissioner Armando LacWa Commissioner (Nev-.) Theodore Gibson Vite'Mayor Lie Plummer* r, Mayor Maurice A, err@ 37 PROPOSED AGREEMENT WITH BISCAYNE RECREATION, INC. FOR OPERATION/DEVELOPMENT OF DINNER KEY MARINA Mayor Ferre: We are now on the 6 o'clock, --what item is it? Items 72 and 73. The first item is authorizing the City.Mananger to enter an agreement with Biscayne Recreation Inc. for the operation and development of Dinner Key Marina for a period of 10 yearn City Mananger recommends, #73 is authorizing the City Mananger to enter into an agreement with New World Marina Inc, for the operation and development of Miammarina for period of 4 years.City Mananger recommends. I would Imagine that 73 is not going to be a controversial item . Is that correct? #73? Miamarina. Unidentified person: Miamarina? Mayor Ferre: Does anybody have any problems with Miamarina? You do? Mr. Roth? Inaudible: Mayor Ferre: .....a little problem? Okay. Stand corrected. So we will have to take them in sequence. Yes, sir Mr. Lacasa. Ir. Lacasa:I feel, that in order to be fair with the public and this Commission tonight, in this highly controversial issue, I must state, that at this point, having taken this position as Commissioner this morning, and having not the opportunity of looking at this package and having complete information about what is going to be discussed tonight here, I don't feel qualified to vote at this point. I am very willing to hear the whole case, but if by the time the presentation finishes, since I haven't had the opportunity to look at the con- tracts to see what really means the changes that are being proposed, I may have to ask this Commission for a deferral on this item. Mrs. Gordon: Mr. Mayor,look at the size of the crowd we have here tonight, and I don't think its fair to all these people to defer an item of such magnitude. I would suggest to Mr. Lacasa that , if he feels the way he does, he should leave the room and let us proceed. He can sit down in the audience where he won't be assisting on the Commission level, here. He would not be in the voting position. He will not be allowed, as I understand the Attorney's opinion this morning, to abstain from voting on it, because the only reason for abstaining is a financial involvement, or conflict of that nature. So I respectfully suggest that we do that. Mayor Ferre: Mrs. Gordon I concur with your opinion that we should proceed with the public hearing. Beyond that point I don't think that anybody can predict what the will of this Commission is going to be. I think that is something that I can't precludefrom what is going to happen beyond this. I think in courtesy to Mr. Lacasa, that I think he is completely entitled to feel the way he does. He is just not in a knowledgeable position to vote intelligently on something that he hasn't been sufficiently informed on. Mrs. Gordon: I didn't ask him,... Mayoroferre:I earl what u said. I heard exactly what you said. He can become y partnot be in a voting posture and we can proceed, with the vote. I heard very clearly, and I agree, I not only heard, but I also concur. Now, I also said beyond that, we may not come to a vote on this thing tonight, We may and may not. That is something that we will have to decide as we go along. So, Mr, Lacasa my advice to you is, --George, there is no big technicality on that, as to where he sits, is there? In the audience? Mr, Knox: The record has XQ ' reflect that he is not in a posture to participate in a vote, and I think that would establish the fact of his intention in that regard andif he moved, physically moved, it would only be symbolic of the sit- uation uation as it really exists, 111 JAN 18 Mrs Lacasa, Okay Mr, Mayors I am going to stay and I am going to do my Very best to try to get the fundamentals Of this tonight, Mayor Perm You don't have to put yourself in a position of voting if you feel uncomfortable that you don't know the information, And 1 would recommend that you stay and lister, so that you, along with us, get the education that we are about to get. O`kay.`Mr. Assistant City Mananager, you can now proceed, Mr. rosmoen: Mr. Mayor what I'd like to do is review with the C6Mnission the major key elements of the agreement that is before you from Biscayne Recreation. review with you Some Changes thatthave oetured in that agreement and you received those changes in :your agenda oaeket,... Mr. Dan Paula Mr: Mayor, we have a problem here at the doorObviously there's not enough seats for the public, and this policemen is attempting to throw the people out who are standing. Will the Commission give some instructions so we can continue to stand? Mayor Ferret Well, I'm sure that the police will recognize the people are entitled to listen. I would hope that you wouldn't be there discussing things. I think what he is trying to do is keep people from disrupting the Commission meeting. Mrs. Joanne Holtzhauser: We have not been talking Maurice. We told him we wished to stand there in case we need to speak. thatrlFsee, soOur ifaany�ofes. youThere's likeabout to5sitseats down,ayoubare welcomeout 1toseats, down. If you want to stand in the back, I don't see anything wrong with that, as long as they don't talk. Thank you. He was just following instructions. Okay.. Mr. rosmoen: I would like also to review with the Commission changes that have occured in that agreement from your December meeting, as a result of bond counsel's review of that agreement.There have also been several letters that the City has received concerning the agreement User's Com- mittee that's appointed by the Mananger, and another. from an interested party.We have responded to both of those letters. We also have represehtatives from Hough and Company here, who have been our financial advisers through this process. And we have some information on the bond and the payment schedules that may be of interestto the Commission. It relates particularly to a question that I think is important to the audience and that is the rate schedule. Let me first start with the review of the key elements of the management agreement.The agreement as is before you calls for a term of 10 years, with semiannual inspections, and if the company has generally rated well on each of those inspections, then they would entitled to an additional 5-year term. The u yes for the ,property included under Management, will be generally as they are now,-- a small boat marina, a boat ramp, anticipated at the Seminole site with no charge, showers and restrooms, security systems, some concessions, although the amount of concessions would be limited to the design of the facility, and concessions are spelled out in the management agreement. There is no allowances in the agreement for the annual fall boat show. In other words, as it happens now, people would have to vacate designated spaces during the fall boat show, Under consideration, there have been several changes and I am going to bring those particularly to your attention. When and if the agreement goes into effect, the flow of cash would be as follows: the City would receive gross receipts from the marina, the manengement company.would be responsible for the collection of those receipts and they. would be deposited dailyin the city account. The Company would then draw on that account for its operating ex- penses,.Then the City would pay to the manangement company a fee of QM cent per foot per day for each foot of leased dock space, Any net revenue that is avail- able immediately, that is, prior to any reconstruction occuring, would go into a construction reserve account which would be ultimately used for a reduction in the size of the bond issue.. One change that has occured in the agreement, is that we have provided for the contingency that this project has envisioned. In other words, expansion to 550 slips. We provided for the contingency that that project may not be able to be accomplished, Either- it couldn't be bonded, or permits could not be issued, or couldn't obtain the necessary permits' from the environmental agencies. if that occurs, the project cannot go ahead as en. visioned. Then the flow of cash would be as follows; gross receipts, minus the operating expenses, minus the menangement fee, which would be at one cent per foot per day, and any remaining revenues would be split 50/50 between 12 JAN 18 a eohstruetion reserve fund, and the City. The Construction reserve fund would be used for major repairs et.binner key as it currently exists, That it a major change in the agreement, Orin.addition to the agreement. If the rojeet is bondable, if revenue bonds can be issued, and if permits can be obtained, then the flow of cash, and this again under consideration, would be as follows! the company Would collect the receipts on a daily basis. They would be deposited in a City trust account. From that account, we would first draw for operating ex* poses, then the debt service would be paid. It is estimated that we are looking at a 4.5 million dollar bond issue, with the first several years of interest capital2ed in annual debt service of about four hundred thousand dollars, Then the City would receive 5C percent of that debt service. It is expected that the bonds would be issued with a 1,5 coverage requirement, So you would have gross receipts, minus operating, minus debt service, and the City would receive its 50 percent of debt service. Then the company would receive one cent per foot per day for each foot of leased space. In addition, as the rates increase', and it is expected they will increase, and in order to compensate the company for the inflation which is expected will occur, they would receive an additionaluone-tenth of one cent for each penny that the rate exceeds 12 cents. When the rate reaches 13 cents per foot, the company would receive 1,1 cents per foot per day. If and when the rates reach fifteen cents, the company would receive 1,3 cents per foot per day. The rationale behind that is, that you have a 'fixed amount of useable space, and if we left the management fee of one cent per `foot per day, the company would be getting in 1988, the end of this agreement, the same dollar amount that they were receiving in 1978, for their management services So that was put in as an attempt to compensate for inflation, Finally, any net revenue would be split, --any surplus revenue --would be split 50/50 between the City and the company. I do have with me this evening, --I will pass out to you when I've finished reviewing the contract, --some numbers so that we can see what this lookslike in real terms. We should also point out that the agreement calls for a payment to City, out of the gross receipts, prior to any payment for management fees, an amount equivalent to 1/35 of the construction costs. It will be set up as a depreciation fund. Our accountants have recommended to us, that we begin establishing for our facility operations a reserve and depreciation fund. The expected life on the marina is 35 years, therefore 1/35 annually is set aside for a depreciation fund. Finally the company would be required to pay the City one cent for each gallon of fuel pumped. There is an additional consideration to the company. It's expected that there will be concessions at the marina, such things :as tackle, brokerage,services, and that's limited to 5% of the lineal feet of ` dock space available. Perhaps a laundry facility, a carry -out restaurant, --not a sit-down restaurant --the company would be entitlted to any profit that was generated from those concessions. However, they would be required to pay the City for the use of space, in which those concession are operating in, an amount,.. we would build under the bond issue the space for concessions. We would replace for example, the Seminole with a decent facility. The company would be required to pay the City the amount of debt service on that space, 50 percent debt service, and 1/35 of the value into a depreciation fund: Yr. Plummer: What percentage do we get on the commission. Mr. Fosmoen: There is no percentage, sir. Mr. Plummer: None.' Mr. Fosmoen: No, sir, Mayor Ferre: Percentage of the what, Mr. Plummer? Mr. Plummer: Percentage of the concession Mr. Fosmoen; The return to the City is in effect 50 percent of the cost of the space. Mr, Plummer; Whet about a boot concession? Boat brokerage :concession? Mr. Fosmoen; There is no return to the city. Mr, Plummer ; None? 113 JAN 18 rn Mr. Plummer: Whet about a boat concession? Boat brokerage Concession. Mr. Postmen: There is no return to the City. Mr. Plummer: None? Mr. fosrnien; No. Let me finish the description of the agreement, then perhaps,. another change that has occured in the contract, initially the company was to provide,. -put up front, $50,000 toward the cost of permitting design development, if an additional $50,000 were required, then .the City would advance the company those funds from bond proceeds, and the company would pay the City back over the term of the agreement. The agreement has been changed, so that the company is now required to put up $100,000.00) without any advances from the city, $100000 for permitting design development, as but.af-pocket expenses, prior to any constructionbe is paying b y yby occur�n� It expected that the company would select the design team for the work that theyare for, Any contracts let the City would, of course, be subject to the normal bidding, procedures, by the City. A couple of points on dockage rates and rules and regulations. The initial contract indicated that the company, --the December contract indicated that the company would set the rates and they would be subject to the approval of the Manager. The contract now reads that the company shall recommend rates to the City Manager, Tfl 114 J►:N18 The Industrial 'bond Act in this state, under which the revenue bonds w u1d be issued, requires that the bonding authority for the city set the rates, So we removed Language that says "the Company sets", and substituted 1anquaae that says " the company recommends"the rate. Now there is language 0 the agreement tnat lays out some guidelines for setting those rates. The first is that we have to recognize our bond requirements, the second is that the rates shall be generally consistent with marinas of comparable quality located on public land in Dade County, which is very broad, obviously broad, guidelines, It does begin to set some parameters on how the rates will be set. There is a default provision in the contract, if the company does not correct violations in the contract within 30 days, the City can terminate the contract.If the default would require longer than 30 days to correct, such as a sunken boat, for example, and it would require some time to get out of the water, the company would have to demonstrate . On the issue of taxes, the agreement provides that if concession properties are taxed, the city may, not shall, but may choose to defend concessionaires against ad valorem taxes. If the facility itself, in other words, the marina portion, is taxed, then the City along with the company shall defend against any ,a ,tempt at ad valorem taxes on the property, if finplly the facility is judged to be taxable because of the management agreement, not because of some change in State law,that taxes all marinas, but because'of the management agreement, and if those taxes raise... the imposition of those taxes, raise the rates beyond what is the average rate of the binner Key area,then one of two things happens. Either the company pays the additional tax, or the City terminates the agreement and reimburses the company for its original design expenses. Several other changes have been made in the agreement that I want to bring to your attention. The agreement that was before you, in January becember,anticipated that the company would be handling cash and would be transferring it to the City. They would first,for example,pay out of the gross receipts their operating expenses, then they would pay the City 1/12 of the debt service and 1/12 of our fifty percent coverage. The agreement has been changed so that it is the City that is handling the cash at all times. The company collects on a daily basis, deposits it with the City, and the City then pays out operating expenses, debt service, etc. Secondly, and I think of major import, there is language in the agreement that is before you that subordinates this agreement to any future revenue bond ordinances that are adopted by this Commission to rebuild Dinner Key. This is upon advice of our bond counsel, and I think it is a major change in the agreement. The agreement is subordinated to the bond ordinance that would be passed by this Commission to generate the 4.5 million dollars for the construction. Mrs. Gordon: Would you please repeat subordination statement? Mr. Fosmoen: In other words, we don't know what the bond ordinance is going to look like for issuing 4.5 million dollars for revenue bonds for Dinner Key. Normal bond ordinances are 30 to 40 pages long, and requires several weeks of legal time to prepare. They are prepared after you have a feeling that the thing can be permitted. We simply don't know what that ordinance is going to look like. What, for instance, commitments are going to have to be made to potential bond purchases. So this agreement, if it is required to be changed, be consistent with the bond ordinance, would be changed. Okay. Am I clear on it? Mrs. Gordon: Very clear. Mr. Plummer: Are we then putting the cart before the horse? Mayor Ferre You are just foreseeing. Mr. Fosmoen:. We are including a provision that foresees, I guesssome minor conflicts in trying to avoid going back and renegotiating our whole manangement agreement, to clear up what may be simply procedural problems in the bond issue. Mr. Plummer; What about if there are major conflicts ? Mr. Fosmoen: The language in the agreement before you says that`if the ordinance has a disagreement , it shall .be changed as .necessary to issue the bends_and al so_says that the amount Of management fee paid to the company one cent per foot der day, shall not be reduced, Mr. Plummer. Let me ask you another question. Number one, in the payoff is the operating expense. 115 ,lAta 18 Mr. Posmoent Yes, sir. Mr. Plummer'Who determines the operating expanse? Mr. Posmoen:Iht company brings to the City Mananger on a Betioannual basis an operating budget which is approved by him, Mr. Plummer: By the City Mananger? Mr: rosmoen: By the City Mananger. Mr. Plummer: No way. Are you talking to me, saying for example,that their head man, whether he be a dockmaster or coordinator, or whatever he is ire terminology, that they will set his salary, and the City Mananger will approve and this Comrssion will not have the authority,.., Mr, Posmoen: I would have to respond the same way we responded last tire, art that is, that the Cornrission, I would expect would be notified, and the prole- woO d be brought to you. Mr. Plummer: But it doesn't necessarily have to be under this terrrinolo .. Mr. Fosmoen: It does not have to be. Mr. Plummer: Mr. Mayor I'll reserve my questions till later. There were the ones that were up front. Dick, the one thing I an concerned with,.... Mayor Ferre: wait, wait a minute, J.L. I don't want hir to lost his train of thought, if you are not finished. Are you finished with your statement'? Mr. Fosmoen: That covers the major provisions of the agreement before you. There was a typo in the agreement that Was sent out to you, --several typos, ar� had those corrected.They are not important changes,... if you will. I have several other items. There were letters from the. Users' Committee, that was apaointed by the City Mananger, there °s a letter from Mr. Engle, an znterestee citizen, and there is also an estimate from Mr. Krause, of the number of City employees :hat would be affected by a lay-off, as opposed to roll -back or bump -back provisions,..which is a total of nine, if both Miamarina end Dinner Key are put cut for manangenent, The ultimate end result, Commissioner, if people at the bottom end cannot be placed somewhere else,...potential is 1E, plus,.... Mr. Plummer:weil,the potential. as I reau here is 18, plus four C.E.'".A. Mr. Fosmoen. The immediate impact however would be nine. There are nine peoc': who do not have roll -back, or bump -back rights within the system. I have a set of numbers,...Mr. Connolly has been busy putting these together frog. H3jch and Company and it may put some of the consideration questions in better light for you. If you wish I can try to run through those numbers for you at this time, or we can come back to it at another point. If there are questions in the basic agreement perhaps you want to deal with those first, and then I can run through the numbers. There are representatives of Biscayne Recreation here and perhaps they have a statement they wish to make to the Commission. Mayor Ferre; Well, Murray, we will take you in a moment, What I want you to do is to finish whatever statements you have and ,then I am going to ask the members of the Commission to ask any questions on your statements, Then I am going ask the representatives of Biscayne Recreation to make their statements, and then we are going to start recognizing, first I guess, is Mr. Roth who asked to be heard, and'th'en Mr. Iaconis, and, soon I, am sure there will be many others, Mr, Fosmoen; I guess I have to have some guidance from you Mr, .Mayor. Po you wish me to go through each of the responses to the two letters that were submitted? Mayor Ferre; Well, I think first, let's ,see if there are any, questions from members of the City Commission on what you have said so far, Mr, foment Then .perhaps we can get into some numbers, then get to Biscayne, Mayor Ferre; All right. Now we are at the questions. .Are there any questions? Mayor Terre. Are there any questions? If llot, then we can go ahead and proceed with answering questions that have been submitted on the record, Go ahead. r sef mot The C if tAtttorney reminded me of one point, The resolution that you choose to enter into the management agreement, directs the City Manager to take the steps necessary to repeal Chapter 50 which is the rate ordinance relating to marinas, He expected that would take between 60 to 90 days to accomplish, given to procedure for ordinance recision, The management agreement would not take effect until ordinance 50 is repealed, I simply want to make .that point,..., I have Mr, tehdon here from Hough and Company, who put these numbers together, ano wt�at we've attempted to do is show the Commission, based on some assumptions, the kinds of revenues that would be generated at Dinner Key through a reconstructed marina, the kinds of revenues that would come to the City and to the management company. I have extra copies but I obviously don't have enough for the entire audience. Mayor Ferret Are you talking about these figures you just passed out? How many extra copies do you have? Mr. Fosmoen: About seventy. Mayor Ferre: Seventy? Well, how many people would like to have a copy of this,raise your hands. So I think we have enough. Would you have somebody from staff go down and pass them out. As you go down the line, just hands raised,..: not now, but when he comes by, raise your hands so he can count the numbers that have to be passed. Mr. Plummer: Mr. Fosmoen would you tell me, in all of these figures where the operating expenses projection is. Mr. Fosmoen: This is an estimate from Biscayne Recreation. Mr. Plummer: Which is where? Mr. Fosmoen: If you look, you have assumptions, revenue on cash flow basis, investment income and then disbursements, 0 and M expense--0 and Ntexpense, plus ordinany expenses. These are estimates. Mr. Plummer: What they are saying roughly here,... Mr. Fosmoen: Let me make one point. The first column covers an 18-month period. All other columns cover a 12-month period. The reason that the first column covers an 18-month period, is because we don't expect that we are going to be issuing bonds for the first six months. We are going to be into this for at least six months before this. bond issue, --and probably a full year. But then we get into the construction period, during the ensuing six to twelve months. The Management Agreement,..,.let me run through this, across the top, you have first an 18-month period, then four 12-month periods..jr"the left hand column you have a series of assumptions that relate to rates, at the facilities. Next is revenue on cash that's generated based on those assumptions. Then you have investment income from 4.5 million dollars in bonds, plus revenue on reserve replacement accounts, on special reserve funds, etc., disbursements, then con- tractual payments, then payment to the manager, and then, down at the bottom you see what the net on surplus revenues are. For example, during the period of January 1, 1979, through June 30, 1980. We would expect that there would be a one -cent rate increase, would be caused the managementAgreement. The rates are currently at fiveand ten cents, but with ie-raise, It would go to eleven' and six cents. There are assumptions on the rates for commercial sailboat space,the commercial boat space, transient moorings, and moorings themselves, Moorings are expected to occur within the Dinner Key area. Revenues would be generated -let me go to a column perhaps starting in 7/1/80 thru 6/30/81, the second column --where we have virtually all new facilities, but the same lineal feet for dock space, We are talking about a phase construction period, We understand that the proposal as it now is, would first build one new pier, and then we would move everyone off of, for instance, pier 1,we would rebuild pier 1, move people from the pier Z to the new pier 1, with a domino effect, So by 7/1/80, we would have new facilities in place. The same number of lineal feet but new facilities, We would expectat that point that the rates would be at 13t per foot per day. increase would be an in sailboat rental space and commercial boats and etc, The revenue that would generated from the facility, --that is the second column jj7 JAN16 total dock revenue, $837,000► There would be an additional $606006 generated from investment income, for its gross revenue of $806,000, The first disbursement is operating and maintenance expense, $514600b during that year. That gives you a net revenue of $3426O00, Then the City would get fifty percent of debt services Nowt we have structured tentatively,.'I want to make Blear that all of these numbers are tentative at this point, -'but they are based on Bough's best guess of what a bond issue is going to look like, We have eapitali2ed to the bond issue the first year's interest payment, We are also using interest on the can., struction fund, to pay the first year's interest payment. The $170,000 that you see going to the City, is fifty percent on the interest due.. The interest on the bonds would be approximately $340,000, So the City, in 7/1/80 through 6/30/81 would receive $170,000, The management company would receive $62,477, and there could be a net or surplus,of $149,000 which would be split between the Company and the City. If I can take just a minute, I have it We plate in this stack an estimate of what that means in percentages. Mayor Ferre: While you are doing that, hick, I'd like to point out „`.ladies and gentlemen who are at the back of the room, I see about 5 seats, one right here, and about 2 or 3 over there, so if anybody wants to sit down, there are some seats available in the auditorium, One over here, and two over there. Mr. Fosmoen: Let me translate that into a percentage, if I may.For the 7/1/80 to 6/30/81 period, based on the minimum due to the City, that is, fifty percent of the debt service, the City would receive 19% of gross revenues, before any split in surplus, the company would receive 6.9 percent of gross revenues. if you include the surplus, the city's return is 27 percent, the company's return is 15%. That is based on surplus. I again point out that the City sets the rates The Company does not set the rates. If we follow that through, and let me take it out to 7/1/83, all the numbers are here, 7/1/83 through 6/30/84 which would be probably the second full year of operation of a reconstructed Dinner Key. These numbers are based on about 22,000 lineal feet of dock space available to lease. The City at that point, would be receiving fifty percent of the total debt service due, which $203,000, $100,000 in a depreciation account,... Mayor Ferret Mr. Fosmoen, let me interrupt you again, I see that the T.V. cameras are not taking any pictures now. Do you mind, for we have been under these lights all day, could we turnoff those lights, and whenever you want them on, you can switch them right on. Thank you. Mr. Fosmoen: The company's minimum payment for.its mananaement fee, based on 15c per foot, beginning in July, 1983, would'be $113,000 and there would be approx- imately $41,000 available in surplus to split between the City and the Company. Let me translate that into percentages if I may. The City's percentage of gross would oe twenty percent; --prior to any disbureement of surplus revenue. It would be about twenty-one percentfifter a disbursement of surplus revenues. The Company's percentage would be 7.5 percent prior to disbursement surplus revenue, and 8.9 percent after disbursement of surplus revenue. Now, I know that there are an awful lot of figures on this sheet. I wanted to give the, Commission and the audience some impression based on a 4.5 million dollar bond issue, the minimum due to City and the Company, what kind of rates would be necessary to support the 4.5 dollar bond issue, the City's minimum guarantees, the Company's minimum guarantees and the kind of revenue that would be left after, for dis- tribution. Mayor Ferre: Murray do you have anything you want to add to that? Mr. Murray Dubbin: No. The footnotes are there. Mr. Fosmoen; There are footnotes included and what the assumptions are, and there is also a schedule for the construction fund to show how cash can be disbursed from a 4.5 million dollar construction fund. Mayor Ferre; Okay, Questions, Mr, Fosmoen: I'm sorry. The construction fund would i$ 4,5 million dollar bond issue, There are reserve there pre points paid, etc, Mayor Ferro; May I see,,. -did you say that Biscayne for the operating expenses? Mr, Fosmoen; Yes, sir. not be 4►0, obviously. it funds established, and developed the projection Mr. Plummer! Murray, do yau, or whoever, have a copy of how you came upon that projection? Mr. Dubbin: Yes. We didn't bring that with us. (inaudible) Mr. Plummer, I'd like to have a copy. Mr. Fosmoen: I want to again stress the point,.. Mr. Plummer! £xeuse me, for the record, did you show it to the administration, and they were in basic accord that this was in line? Mr. Foment It is generally in line,... Mr. Plummer: You've seen it? Mr. Fosmoen: Yes. That was several months ago, Commissioner. But yes, I have seen it. Mr. Plummer: All right. Thank you. Mayor Ferre: In other words it is all guess work? Mr, Fosmoen: The operating budget, I should point out to the Commission, that the contract says the operating budget is for, in terms of personnel, the dockmaster down, it does not include members of the corporation, with one exception, Mr. Dubbin is a member of the corporation. It is expected that his legal fees would come out of the operating expenses, his legal fees that relate to the marina itself, not to the company. In other words, if a tenant doesn't pafar his rent, somebody's got to go after him, and it is expected, and provided in thi s contract with Mr. Dubbin's firm, would provide those kinds of legal services, not legal advice to the corporation itself. So we are not talking about Mr. Walker's salary, or Mr.Traugutt's salary or other members of the corporation, but personnel from the dockmaster down, and maintenance expenses, major maintenance, things that would be done 10 years out, 8 years out, to add to the life of the facility, would come out of a reserve and replacement fund. It would be provided for in the bond issue. Mr. Plummer: Is it proposed that there would a maximum cap on that? Mr.Fosmoen: 0n the reserve and replacement? Mr. Plummer: No, on the operating expenses. Mr. Fosmoen: No. There is no cap provided for. That is why we had manager's approval. Mr. Plummer: But in other words, they are giving semi-annual projections or budgets, and if they exceed that, it is out of their own pocket? Mr. Fosmoen:The contract does not say that if they exceed that, it comes out of their own pocket, Commissioner. The contract does provide an incentive to keep those operation and management costs down, because there is a 50/50 sharing at'the end of any surplus revenue. Mr. Plumper: If there is surplus revenue. Mr. Fosmoen; If there is surplus revenue. But that is their incentive to keep the operating cost down. Okay, Obviously that cash goes to the company, instead of to the dockmaster or assistant dockmaster. Are there any questions of the Commission? Unless there are questions from the Commission, perhaps Biscayne has a statement and then I believe Mr. Roth from the Users' Committee has a statement , Mayor Ferre; Mr, Dubbin or Mr. Walker. Mr, Dubbin; Mr. Mayor and members of the Commission, we don't have a prepared statement.Your City Manager has made a very faithful presentation of the proposed Management agreement that is before you for consideration. I can say that it is 119 JaN 18 a result bf,:, Mr. Plummer Murray, its` the other lei ke you went, that it the recording, Mr. bubbin:..it results from many months of very intensive negotiations. It represents whet I consider a true, management agreement. The figures involved have been checked. The projections of the company have been checked and re- checked by the Mananger's office, by your accountants. We answered, we think, faithfully any questions that anyone had about our projections at the manage= dent level. We have no secret on our concepts of it, or management projections, We have them available and we stick with the figures that we presented to your manager. The contract was examined by, and we workedtojether with, the City Attorneys office and worked very carefully in,the latter couple of weeks with your bond counsel. I can tell you that your bond counsel submitted "a 6-page single spaced, -type -written, critique whereby he raised questions having tb do with the bonding validation proceedings and the propriety of the bonds,he raised questions having to do with the conformity of the project to law, and he was right, and the contract reflects the recommendations of the City's bond counsel, The funds to be received are of course all city funds. The funds will be received by the city, disbursed by the city, The company will probably handle the physical collection, but if the city wants us to, which I think the city does, but their city funds will be deposited in city account, and disbursed by the city in accordance with the agreement. Mr. Plummer raised the question at the last meeting about who sets the rates. Your bond counsel raised .the same question, And he pointed out to us that under the Revenue Bond Act under which these bonds would be distributed, the power of the city to set rates, must be exercised by its delegate, by its elected govermentai officials and couldn't be delegated. The contract makes it clear that the buck will stop with you, on setting the dock rates. The procedure is of ,course in accordance with our recommendation and the recommendation of your •Manager which I believe most of your rates are set anyway. The final judgement is at this level. As to the approval of semi- annual budgets. being done by the City, they are approved by the City Mananger, you raised that question this evening. We were just under the impression that the approval, --you notice they are semi-annual budgets, --which means that if a mistake is made, one way or the other, we can try to, either the city can correct it.We can correct it jointly with the submission of the next semi-annual budget, so if there is an error of some kind, it's not the type of error that will not be caught and caught quick. So Mr. Mayor and members of the Commission, I feel that we are very comfortable, that we have a true,...we responded to your mandate. We've come back with a true 'Management Agreement,which I believe will be to the public good. The members of groups that I represent and I, have public orientation. We are satisfied and believe, and are prepared to demonstrate, and anybody who undertakes to enter into an agreement such as this, undertakes a public trust, I conveyed this to you many, many months ago when we first started discussing, when Biscayne Rec. first responded, together with other good bidders to the competition proposed by the City. Our position as to the belief that we are performing a public trust, and our desire to do a good job for the j ty, has not waned. I can tell you," you've got the toughest negotiator I've ever negotiated with, sitting in your City Mananger's office.' You've got a good contract I believe and we are here to answer such other detailed questions as we are capable of answering. Thank you. Mayor Ferre: Are there any questions of Mr. Dubbin? All right. Mr. Walker. Mr. Paul Walker; Mr. Mayor and Commissioners, Mr. Fosmoen did a excellent job detailing and explaining what had happened in our agreement. It is a Management and ome of the things thatI must er some of the have come out,guestions particulathat n havewbeen and television. in newspapers Mayor Ferre; What? Mr, Walker; I just want to answer,,,.respond, This is, es Mr. Dubbin and Mr. Fosmoen stated, • Management Agreement, And I would like to bring to your attention the City Clerk's report that said that Biscayne Recreotion should be considered for a construction management contract for the operation of Dinner Key Marine for a period not to exceed 4 years, plus an additional sNort= erm, operatin =management contract for the entire facility. Theadditional short.Term is the other six years, wnicna ma It a ten -.year agreement, Inc Hough report does fill us in very well and this evening is the first time I've seen the report, 120 JAN 18 N 1 Mayor Terre: You Mean by that, Mr,Walker, the new Hough report that was just passed out this evening, Mr, Walkers That's correct, I have put dawn for the city's share of the fifty percent of debt service, $205,000, the Hough Company has $2b3. I see where Hough for the first year and a half says, that Biscayne Recreation is going to get 78,551 through the one tent a foot arrangement. This comes to 02,600 a year and I have shown us an income to the Company, of $51,000 a year. So I was off. The other things that Mr, Posmoen Covered very well, fifty percent of the debt service is income to city, fifty percent of the profit as Mr. Plummer said, if there is a profit, and this is where I differ with the Hough Company becasue I do not sea the amount of profit in that they do, because 1 do not know when the moorings will come into being, and when the construction will be completed, The dockage rates will be set by the City and approved by the City and this is in section g, page 17 of the agreement. Then if you want to understand better the meaning of the 1/35 of the bond money yearly that is being given to the City or passed on to the City, this is like depreciation and it is almost like depreciation twice. If this money were not touched for the period of 35 years which they say is the useful life of a marina of this type, this $100,000 a year would be in excess of 10 million dollars, enough to start a new marina down the road, Additionally, the city gets from the company, $100,000 which;we are obligated to pay for, plans and studies, and you will find this at the bottom of page 16, our obligation. Then the important question, and Dick brought this out too, how does the City get its money. The City gets the money first. We have to be concerned when we get money, that we get money for payroll, and pay the utility bills. But if you look at paragraph E on page 6 of the agreement, you'll see that it is spelled out. Mayor Ferre: Are you taking pictures now? Thank you. Paragraph what? Mr. Walker: E, page 6. I hope I don't have a different copy because my copy is about a day older than yours. It says; the company agrees that all revenue and other income of the maraina facilities, including collections of rates, rents, fees, and charges and all other income derived or arising from or in connection with the operation, repair, maintenance and management of the marina facilities, excluding however income from concessions which the company may operate, as hereinafter set forth in subsection G, will be collected and deposited daily, as far as practical, in the name of the City to the credit of the revenue fund established under the bond ordinance: The income from the City, --the Hough report spells it out very well, --the company gets one cent per foot per day. There's approximately 15,000 lineal feet of boats docked out there and it comes to about $51,000 a year. I was talking to someone just before this meeting, and they asked me how much we were going to make out this, and I said 51 thousand a year, it looks like. He said you mean 51 thousand dollars a month. I guess he had been reading some of the cards outside. But that's what it comes to and Mr. Hough says the same thing. Ten percent of the mooring revenue, if it's forty dollars a boat, we would get a4.00 a month for the service. Plus, the company will share with the City if there is a profit from the efficient operation of the marina, and .the city gets the other fifty percent, if there is a profit. Then we do have the right to operate concessions. Laundry facilties, we have estimated that this will bring us 6 or 7 hundred dollars a month; the sale of bait, tackle, ice, beer and take—out food and this is a very difficult one to project. And you probably, when you project it, would find out that you would do just as well with your money in a savings and loan today as you would investing in one of these businesses. And the boat brokerage, we envision this as an in-house arrangement. First of all we can only have, or have for sale in the marina, according to the agreement, five percent of the total number of slips. There's usually quite a few boats for sale. And they may take up to 5% and a broker, a man working on a ;modest commission, could work out of the marina office and be a broker to Qrim ted degree. We are not talking about one of the big brokerage houses, else. Mr. Plummer; What about if a man docked in the marina wanted to sell his own boat? Is that excluded from this contract? Mr. Walker; No, we have no .rights of exclusion, Mr. Plummer; But you would not get a percentage as the manager or the broker? 121 JAN 18 Mr, Walker; We'd oet nothinqfrom it. Nothing at All , I non't have Shy more. COMMehts. Mr, Plummer: Mr, Walker, I've never seen a contract with the City where concessions were involved, that the City did not derive some percentage, Wave you derived a projection on, I am assuming that this lest document, which they are calling the Hough reporto—that your figures here as to what this contract is worth to you, that that does not include any concessions. Mr. Walker; I have put down for myself, and this is not official, this it a guess, that the concessions could bring to the company from 20 to 40 thousand dollars, operated properly. This is only a guess, But the investment as 1 pointed out, could be substantial 'Mr.plu+mrnerr. Wp11 the avestion I hAva to ask right off the bat,Mr,Fosfnoen, I don't want to tib Mr. Roth', hand,of a very fine pretentation,..I'11 wait. Mr, Walker: Thank you very much. Mayor perre. Mr. Walker you may have some.questions,...further questions in a moment. This time I'd like to recognize,....I'd like to recbgnize former Commissioner Alice Wainwright and thank her for her patience. And while she is coming up, ladies and gentlemen, I would like to thank each and everyone of you for being so civil as you have, I haven't heard anybody whistle, or boo, or anything like that yet. I think that certaily speaks well civility of all the citizens present, and I what to thank you for that courtesy. Mrs. Wainwright we are always honored with your presence, and you know how very fond, and how important your good counsel has always been to this Commission. of the Mrs. Alice Wainwright: Thank you very much Mr. Mayor for your gracious remarks, and I want to say if your audience, or your group is courteous it's because of the courteous manner in which you conduct the proceedings here. I want to wish the new member of the Commission well, good luck, and I want to say to all of you, I think I am the only one sitting out there who can visualize how tired you people must be. I sympathize with you. I'm tired myself because we had a long meeting today, at which former Commissioner Athalie Range was present of the Citizens' Transportation Committee, and so that's kind of un•starched me. The reason that I'm here Mr. Mayor and members of the Commission is, I have long been interested in the marine facilities of the City. I want to say at the outset that I have every respect to Mr. Walker, and also for Commander Sprague who I understand would manage this operation. I have been a boat owner myself. I am familiar with the problems to some extent, that boat owners have.I had a small sail boat. I had to give it up, because I got busy in politics, etc. But I want to say that I strongly endorse the concept of a public trust for all citv's marine facilities, the water facilities, basically because I do not believe that the Commission has the time to devote to the analysis, and the continuing supervision and check that would be involved in such an operation. And certainly the Mananger's office I don't believe has the time to spare. And if you will bear with me for a few minutes I will relate some experiences that I had as a commissioner, because I think they illustrate a point. When I was a commis- sioner the marina here was a forgotten child pretty much, then Commander Sprague came along and straightened matters up. I saw what a mess things were in, so I asked the Commission to appoint an advisory committee and people served on it such, Tim Sullivan, Worth Munroe, and People of that stature. All right. Did anybody in government listen to their recommendations? The answer was no. Therefore the Marine Stadium continued to be a money loser, therefore the Miamarina was built in a fashion that was not suitable for docking facilities. I feel that an operation., of this sort, is best managed by a mix of very fine business leaders and people with experience in the boating world, The City has never, in my opinion fully realized the potential that exists in these waterfront properties, and I would like to see the concept of a public trust expanded to encompass the operation of all the city's marine facilities, and really make them go by having leadership from the public, citizens that are knowledgeable and that are good businessmen who could devote sufficient time to such a project. I gust want to say that I hope that you will give this matter your very, very deep consideration, I hope you will all go home and get CaU9ht up on youry privilege to appear before you ,rest, ;hank ypu, It is *Nays a Mrs. Gordon; I want to let Alice know how very pleased I am thet she is here, and looking well., 122 JAN 18 Mrs. Wainwright. Thank you, Rose. Always good to see you, And its good to see you, Reverend. Hope your net* is feeling better, Mayor Ferre:Aiice before you go, since I know you are tired, and probably will be leaving, I just wanted to have the opportunity, because of the respect i have for you, just to share about 3 minutes of thoughts with you ►We've had,,,,we've been struggling with this problem now, for years. Mrs, Wainwright: Yes, I'know you have, Mayor Ferrer Going back to your tide, really when you were on this Commisson, and there are four alternatives that we bounce back and fourth on, One, of course was for the City administration itself to take on the task to reinforce whatever management night be needed, to take on the job, and do the job ourselves, within the City administration, and the argument there, has always been,...it is a City facility, that is what government is supposed to do, and government should therefore be responsible for it, and fix the facility, and run it, in the same way that we run other governmental facilities, whether they be golf ooursesstennis courses or parks or other recreational facilities, That's one alternative. The second alternative,(there's five alternatives),...the second alternative is to Igo to a strictly advisory board. But as you have said, an advisory -boar. would end 'up being just that. They give advice --the advice is not often followed.' Mrs. Wainwright: Not even asked sometimes. Mayor Ferre: The third alternative was to go to an authority, and come back into a modification of going to a trust, which is not quite like an authority, but has similar aspects to it. The problem that that has met at the commission ' level , not of course often with every Commissioner, but some of us, and I've been one of those that had a problem with this, is that, I philosophically have a problem with the authority concept. If I had it to do all over again, I would have voted against the Downtown Development Authority, I would have voted against the Off Street Parking Authority, because what you do, --and maybe I am too much a Jeffersonian in my feelings, I do not think that you can properly delegate to self-perpetuating board authorities that really belong to elected public officials. Now, there is a valid answer, which I think Mr. Iaconis and Dixon, and others have worked so diligently on this, and I really .think they merit a great deal of respect and admiration for their tenacity, and I think for their dedication to this. I think it is a fairly valid answer, ard that is, that a trust differs from an authority, in that it can be dissolved,and therefore it is not self-perpetuating, like for example the Off Street'Parking Authority is, in which basically there are a lot of problems, where the City administration and this City Commission disagrees. As much as we love, respect and admire Mitchell Wolfson and the Board, a lot of times we don't agree with the things they do but there's not very much we can do about it. Mrs. Wainwright: I know exactly. We had the same problem. Mayor Ferre: Now, the counter of that, is, that once you create public trusts, it is very difficult, to dissolve.But that's first philosophical in nature. Now, then there are two last alternatives. One is, to go out and sell the facility or go out and sell the property and the let the public sector develop it. That was considered. The problem witpi that is, that in a way, even though I think it must be admitted, that not everybody in Miami is a boat owner, or a potential boat owner, that there is a responsibility for those people that are boat owners, for us to provide the facilities that we have and should be providing, and that if indeed'we are in`this business of providing tennis courts or golf courses, and parks for people to run and exercise in, and what -have -you, and if we do get into the boating and marina field,that we also should not want to sell, public land 'to the private sector, The last alternative is,,for us to maintain the ownership of the property and go to a Management Agreement, in, wherein what we do is, we don't sell anything, we don't get rid of anything, werdp.'t release anything, but we rather go to professional, private manangementand to the theory that the private sector can usually do things better than the public sector, Now, the problem with that, and thj,s is where ;'ve been wrestling with that problem, is that at what point does a Management Agreement really mean that you've given out the facility, but really don't have much hold. .And that.s the real difficult question, because if —'in fact what we do by giving up the Management is to lose centreJ of the facility,in effect though we retain the title we don't reall own it. And that's where the problem come in there. Therefore, 1 think in 123 JAN 18 rn that area; what we have to do is make lute that there are sufficient safeguards built into the contract so that first of all we have a way of getting out, if they are not doing a proper job, or that it, on a short term enough basis so that the community, the public is not stuck with this thing for an unreasonable amount of time. 'That s what we are struggling with, and I hope you„,.. Mrs. Wainwright: I appreciate your summary Mr. Mayor, I'm hoping you are thinking that you will take this whole problem one step further and think about the other marine facilities that the City has, that still not have been brought into their greatest potential. That's my concern. Mayor Ferre: I think that's a very valid point, Mrs. Wainwright: Thank you very Much. Mayor Ferre: Now, ladies and gentlemen, here's the way we are going to proceed from this point on, As I said, I was going to recognize Mr, Roth first for an announcement of something we agreed to this morning. Secondly for some brief words. Then I'm going to recognize, I guess,„.Mr: bixon, is it you or Mr, Iaconis? Unidentified: Both of us. Mayor Ferre: Both of you? All right. Then we will proceed from there. Now, Mr. Roth, one nice thing I want to say. I want to remind the members of the public here, that we have through a public hearing on this very same matter, --not quite the same matter --but on the question of the trust, before this time.. When was that public hearing?July? Mr. Fosmoen: July and September. Mayor Ferre: July and September? So this is not the first time that we'vF had a public hearing on the matter of the trust. Now, as you recall, the mos: of you were present, At that time, the trust was not accepted as a premise, even. though the idea has always been alive, and it still is alive. But at that point, it was obvious that the Commission had the intention of proceeding with the Management Agreement because we instructed the Mananger to begin negotiations, and defacto, that means that was the will of the Commission. And that's exactly what's been happening now for 6 or 7 months. What we are about here is the culmination of that process one way or the other, as the agreement that has been negotiated between the administration and the people that were the successful bidders after a public bid process, in which they were selected for purposes negotiations. Now, I say all of this because you are entitled to say whatever you want to with the regard to the subject, but I want to reiterate to you that the questions of the public trust has on several occasions before been discussed, at a public hearing and considered. Mr. Roth. Mr. Roth: Thank you Mr. Mayor. If I might,with your permission, and with Mr. Lacasa as a new member of the City Commission, I would like to pass to him a copy of the letter which all of you received, to our comments, and my comments will follow that outline. With your permission, I'd like to give it to Commissioner Lacasa please. Mr. Ongie: He already has it. Mayor Ferre; I have one in the packet, Mr. Roth for the record, for those that may not know you, would you restate who you are representing. Mr, Roth; Yes, sir, I'm surprised how many people here didn't know what it was all about, May name is Fred Roth, and I am the Chairman of the Marina operations Review Committee, which was established after our July public hearing by the City Commission, The City Manager appointed 10 people, -,not necessarily users, to serve on that coammittee, Please do not confuse this with the Dinner Key Tenants Association. This Committee has met every other Tuesday night since Mr, Grassie appointed it. The comments 1 will make tonight are based on the contract that was presented to the Marina Operations Review Committee, Mayor Ferre: Will you identify the members of your Committee so we are all 124 JAN iF Mr, Roth: Yes, sir, In addition to myself, Mr, Alan Bliss, Mr. Joe Taylor) Mr. Eugene Gibson, Evelyn Wedge) Richard Oakley, Lewis Oakes, Tom Dixon, Ike laconic, and our vice=thairman and every valuable secretary,Sytvia King, without whom we could not function, May I also at this time publicly thank Mr. Fosmoen for giving up two of this evenings to meet with this committee, and Mr. Fosrr�enksr�eisurewho ttftne�den��wev�nlik�m�oetg. I'm sure we cut into to Mr. ' ' thank you publicly for taking time, Mr, Fosmoen, If I might digress for just one minute, one moment again for the benefit of our new Commissioner, Mr, Lama, ,.b0,...marine operation and people in the audience, the Marine Operations Reivew Committee has to this point accomplished, we think, two things, We are strictly an advisory group, but we have two accomplishments in our eight months. Number one, the pilings that you see being put out here today are a result of this Committee's work►The Commission accepted ourrecommendations co aftereendationseoe MY appence before them and the pilings arenowbeingthis morning I came before the City Commission with the plans drawn up by our sub -committee, headed up by Mr. Dick Oakley, and plans that were donated by Mr. John and the City Commission this morning unanimously accepted our recommendations and instructed the City Mananger to turn those plans to the publie Works Dept. to prepare plans and submit for bids. This will give you showers, laundry facilities, ice making facilities, etc. The plans are on display at the moment over at the Dinner Key dock office. We thank the City Commission for that. Again'I would like to preface my remarks, Mr. Mayor and Commissioner, --I know long you've been here,because I was here when you started this morning. I will try to follow the letter that we submitted to you, the City Mananger, however please bear in mind that I have just received some figures that I had not seen previously, the Committee had not seen previously, so perhaps some of the comments that I have prepared prior, to coming here tonight may not be up-to-date. So please bear with me. All I can say is bring it back to the Committee who will go over them again. On January 8, we wrote to Mr. Grassie, giving to him what he had asked us to do,namely, to provide input on the proposed contract with Biscayne Recreation. We have not reviewed the contract with Miamarina. We were not asked to, and it has not been presented to us. Our comments to you,.. Mayor Ferre: Excuse me. Why not? Mr. Fosmoen: I believe the direction of this Commission in September was to appoint a committee specifically on Dinner Key, sir, not on the Miamarina. Mayor Ferre: But if it is valid for one, wouldn't it be valid for the other? Mr. Fosmoen: They are really two different agreements, and this one, anticipates a major revenue bond issue. The one at Miamarina does not anticipate a major revenue bond issue. Mr. Roth: The Committee's findings are as follows: after careful review of the proposed contract, the Committee's findings are as follows: the teen of the contract --the term exceeds the authority in ordinance number 78-532 by being in excess of four years. Let me go back if I might, to July 28, another special meeting which went ail hours. The Commission had determined et that time that they would not execute a long-term contract. Father Gibson suggested then a short-term management contract. Father Gibson specifically asked Mr. Walker in the presence of everybody here at a public hearing, "Mr. Walker, will you accept a short-term management contract?" The answer from Mr. Walker was affirmative. Those questions and those answers may, be found in the Minutes of that meeting of July 23, When Mr. Fosmoen attended our Committee meeting and was asked, why Mr. Fosmoen, is the City Manager proposing a longterm contract. 125 JAN 18 DEFtRRAL OE ENTIRE PLANNING AND 20NING AGENDA TO FEBRUARY 1, 1979 Mayor Ferret You are gang to have to forgive me for doing this to you, but I am worried about some things. 1 think we may as well see if we can solve it now. I foresee that this is going to take at lease two hours. Huh? More you say? Well, it'll. be at lease two hours, It is now almost g o'clock. NOW, Mrs Robinson, as you pointed out, has a big zoning matter which is going to be very controversial, 1 don't know how many other controversial things are go ing to be coming up. We sat here for 11 hours yesterday. I where here till 11 o'clock last night, having gotten here at 7, and we've been here all day, I got here at 8, and I just want to tell you that I am just about as tired as I've ever been on the City Commission, and I think it is Just going to be,.. I feel sorry for whoever has to make any presentation for us on any zoning matters, and it's just going to be hell to pay, You are not going to be on until beyond 11:15 or 11:30, I really think that we,...this system of ours of ha ving all-day marathon session and then at night going to the zoni ng that go on forever, Just doesn't work. It is not going to work tonight. Now, how many of you are here, --applicants on zoning matters that would feel greatly put out and disturbed if we put this thing out, What? Inaudible. Mayor Ferre: They are out in the hall? Well, you'd better tell them to come in, because I am just about ready to make a decision here, unless I'm overruled. Mrs. Gordon: Maurice, it is really warm in here. If we could turn up the air- conditioning it wouldn't be so bad. Mayor Ferre: Rose, the air-conditioning is at its maximum, or its lowest, what- ever you want,....and its the lights that do it, plus the fact we have a room full of people. Mort, and Jimmy, and Dr. Robertson and all of you that are here on zoning matters, I just made a statement that at the rate this hearing is going, in my opinion we will be here until 11:30 just on this matter. You're going to say good night? Mrs. Gordon: Which item. What number, so we will know. Mayor Ferre: Now, does anybody feel greatly put out if we put these zoning matters off for another day? Mr. Plummer: Or month? Mrs. Gordon: You mean a month? Mayor Ferre: Well, a week, --two weeks, then we continue them for a week, or something like that. Mrs. Gordon: We have to readvertise. Mayor Ferre: Radvertise. Okay. Whatever has to be done. I just don't think you are going to get a fair hearing. I've been here since 8 o'clock this morning. We were here 11 hours yesterday. I didn't leave till 11 o'clock, and`I got here at 7 in the morning yesterday. And you know, we are bushed. Unidentified: Mr. Mayor item 01 011 take quite a long time. I am sure Mr. Rice will agree with me and put it off and readvertise, Meyor Ferre:Does anybody have any objections of doing that? I mean, you are entitled of course. 126 Jaa 18 rn Unidentified: Mr. Mayor Mayor Fern: Yes, sir. Unidentified: My item,I had no cpposition,.,.no anything, and will take like 3 minutes. Is there any way we could get it lined up, like a week, or two weeks and not have to wait an entire month? Mayor Terre: Here's my opinion. The answer is yes, t think if it tan be properly advertised, and we are just going to have to come back next week sometime, Mr. Plummer: I'll be gone all next week. Mayor Terre; When will you be back Plummer? Mr. Plummer: I'll be back Mr. Mayor on the 3lst. Mrs..Gordon: Early part of February. Mr. Plummer: Then I will be leaving again on the 6th to the 9th, and the 14th to the 16th. Mayor Ferre: You'll be leaving from the 6th to the 9th. Could we meet on the 5th? Mr. Plummer: Can we meet on the 5th? I would prefer it on the 1st. Mayor Ferre: On the 1st. That's a Friday. Mr. Plummer: No, a Thursday. Mayor Ferre: 0n a Thursday. Ilose, how about you? Mrs. Gordon: Okay. Mayor Ferre: Mr. Plummer: Mr. Fosmoen: Mayor Ferre: Mr. Plummer: Mr. Fosmoen: to Mr. Davis Father, how about you? The lst,...well, I cal:'t check. My secretary is not here. We need 10 days for readvertisement. Well, you have 10 days. You've got 10 days. That'll give you 12. There are 9 items on the zoning agenda. One of them, according is controversial. Mr. Plummer: Let me ask this question if I may, just so I can draw conclusions. How many people are here on Number 1 which is the so-called controversial. Unidentified: There's a lot of people,.... Mr. Plummer: You are talking about 20 people, Thank you. Any of you got any big problem coming back on the 1st of February? You're tired like we are. What's on T.Y. tonight? Say it isn't so. Inaudible. Mr, Plummer: Let me ask, is there anyone here for zoning on other than Item 1, an applicant? Are you here as an applicant or an objector on it? Unidentified; ApPilcant. W. planner; MP, Is there anyone here in objection, other than Item 1? Mr, Robert 1I4►isi Mere night be several people outside, Mr. Plummer. 127 J N,1 Mr. Plummer; You are, you are,. ,other than item problem. Well, see there's the Mayor Ferret Well, I'm going to Washington, 26th, 27,..rioht? I don't have anything on the 31tt. It looks like the 1st it all right vith Wit tite would you like to do it? I like the morning better, Mr. Plummer: No, no, no,no, Do it at night, Mrs. Gordon, How about the ist? Is.it all right with you? Mayor Ferret It looks like the lst is all right with me, What time woult you like to do it? Mrs. Gordon: About 10 o'clock in the morning? Mayor Ferret I think the morning is better, isn't it? Rev, Gibson: Let's go 9 o'clock and be throug►-, Mrs, Gordon: I have to be somewhere at 9 o'clocL, Rev. Gibson: All right 10 then. Mayor Ferre: Look, I'll do whatever you want. You tell me what the will o`tr,t majority is. Mr. Plummer; I'd like to have it at 7. Mayor Ferre: We have one vote for 7. You want to do it at 9, and you warn to do it at 10 in the morning? Rev. Gibson: I'll go for 10. Mrs. Gordon: No, wait a minute. Maurice, I have to give a speech at noon. I guess about 2 o'clock. Mayor Ferre: All right. We have one vote for 2. Rev. Gibson: I'll gor for 2. Mayor Ferre: Two o'clock. Mr. Plummer: I have no objection. Mayor Ferre: Two o'clock. Two o'clock. 0n the 1st of February, it falls on Thursday. Mrs. Gordon: All right, 2 o'clock. Mayor Ferre; Yes, zoning public hearing. Ladies and gentlemen, unless I hear otherwise at this time, all of the zoning matters,.... yes, sir, On the microphone so we can have a record, Mrs. Gordon; Your name. Mr. Bill Hoppe fly name is Bill Noppe,For all the residents who are objecting to No. 1, an afternoon day -time session is extremely difficult. If you could reverse the order, and take 2 through'9 and then come to us and put us at'the end, we could be here at 5 o'clock, is all,we have to be here, Is that possible? Mayor Ferre: Yes, that's possible, Mrs, Gordon:: Make it the last item on the agenda, Mayor Ferre; We'll put it as the last item, but I don't want you to feel upset if it cones up at 4 or 4:30, or something like that, you know, I can't control how quickly these things go, S JAN 18 Mr. Hoppe:five just been told Mr. Mayor that 2 through g are totally non• controversial. It might take 15 minutes. We would object to not having a time when all the retidentt who are concerned with No. 1, should be here. Mayor Ferro: What time do you want to make it? Wt . Gordon. Make it 4 o'clock, Mayor Ferre: That' acceptable to me. Four o'elock,.,.. Mr. Hoppe:If you start at 4 o'clock, I think our people could be here at 5 o'clock, Mayor Ferre: Plummer? Where did Plummer go? Plummer? Mr. Hoppe:We would rather have the evening,_ Mayor Ferre: All right. We will, unless I hear otherwise in the next 30 seconds, --Plummer, you are getting your last chance. We will meet at 4 P.M, on the 1st day of February, which falls on Thursday. Okay? Mr. Hoppe: And this group will put us at the end of that group. Mayor Ferre: And you will be the last item on that agenda. Mrs. Gordon: Four o'clock. Mayor Ferre: Now, in the is concerned, I think we appointments tonight? We interest of continuity as far as the Zoning Board should try to,...are we going to try to make those have some appointments coming up, Mr. Davis: One appointment,..its on the agenda. Mrs. Gordon: It's only an alternate. Mayor Ferre: Then we will put off the appointments until that date too. Rev. Gibson: Right. Mrs. Gordon: Because they are operating with a full board. Mayor Ferre: So all of you go home. I wish I could go with you. Unidentified: What was the outcome Mr. Mayor? Mayor Ferre: The outcome is, 4 P.M. February 1st, Thursday. Item No. 1 on tonight's agenda will the last agenda item on that meeting.And we will advertise. Okay. Unidentified: Thank you very much. Mayor Ferre: Thank you and I apologize for making you wait this long to come to that conclusion. I hope you understand. 39. PROPOSED AGREEMENTS -BISCAYNE RECREATION AND NEW WORLD MARINAS -PUBLIC HEARING -DISCUSSION AND DEFERRAL TO FEBRUARY 22, 1979 at 7 P.M. Mayor Ferre; All right, Mr. Roth. I'm sorry for this, Mrs, Gordon; Whew, what a relief, Mr, Roth; . Mr. Mayor I understand. I don't know how you do it I don't know why you do it, Mrs. Gordon: That's right. More important • 12,9 JAN 18 Mr, Roth; Management Contract was our No, 2 if we could return to it. Mayor Ferret Would those of you that are leaving in the back, Mr. Rite,,.. Mr. Rice,,...would you do me a favor Jack, and tell those people to just get out, or keep quietone or the other, so we can proceed. M Plu met! press Mr. M,Mrrayer, , for your information, in case everybody it wondering where to. Ir the next 5 minutes they are contemplating a very serious problem at the airport. A Pen American plane took off, blew an engine, they have taken it out over the Everglades, they have dumped all the fuel and it is now,15 miles from the airport and a touchdown. So that's where all the press ran out to. Mayor Ferre: There's a problem with a Pan American flight, Okay, All right, Back to you Mr► Roth, Mr, Roth: This Committee operates by a sub -committee. Everything we do is passed through a sub -committee who then takes it out into the business community and tries to get the expertise of the people involved, This is true of iterr No, 2, the Manangement Contract. My comments to Mr, Grassie were, "the forearm of the agreement is the lease, rather than the Manangemen+ Contract, because it grants the right to lease property owned by the City." That paragraph results from the sub -committee, having gone out and talker with attorneys and with realtors, got .....some comments that this in fact does represent in that bundle of rights that we know of in real estate that you are in fact giving away some of those . Under income to the City, my comments were, no guarantee of income to the City until bonds are paid off, however, the Management Contract, based upon present rates, will receive $133,500 this year, the first year. To support that, we attached ar addendum. Dinner Key Marina, in the year just ended, fiscal year just ended, September 30, 1978 showed a profit of $185,000 due primarily to the increased rates which are now part of the City ordinances, where the rates now go up. as the budget goes up, and as the need for the City to get funds, the rates go up. The transient rate was the biggest increase. We can anticipate that with some improvements in the handling of transient rentals out here, that if we do nothing,nobody does nothing for the next year, -he is the Management Company, but sit in that office and do absolutely nothing. The profit would be $200,000, and if they held their expenses exactly what they are today, which for private enterprise would be absolutely no problem, because they are not burdened with a pension fund and etc. that the City is. If we take those figures then, the profit from the Marina $200,000,of their fee, off the top of that is $67,000. Again I remind you, this is based on the contract presented to the Committee three weeks ago.The net profit then would be $133,000. 0n a 50/50 split, the City would receive a total of $66,500 and I hasten to add you could not spend it. Under the City ordinances it must go into the improvement fund. Biscayne Recreation however, will have received a total of $133,550 of the total profit of $200,000. Mayor Ferre: How much is that again Fred? Mr. Roth: Biscayne Recreation will receive under this Contract the first year $133,500, The City will receive $66,500. Mr, Plummer: Fred, now, you know,. Mr. Roth: Again, these figures are changed tonight, --I just got a copy of some changed figures, Mr. Plummer: But when you start saying things like this,..if it was a thousand or twelve hundred, or two thousand dollars difference,...what I'm reading here and what has been given to us for decision purposes, the first year, the Manager will make $81,000 plus a possible,®.it's not definite, —a possible 42, So what you are saying is they are 11 thousand off. Is that what you are saying? 130 JAN 18 Mr. Roth, Oh, ten or eleven thousand. When we are talking about 133, you know. Again this was presented to our Committee three weeks ago, Mr. Plummer, and but, figures have changed since then, Mr. Plummer, The point, does your projections indicate that there in fact will be a surplus? Mr. Roth, Prom the operation of the marina? Mr. Plummer! Yes, Mr. Roth. Yes, Mr. Plummer. They do absolutely nothing more than a dockrhaster is doing over there now. There's going to be a $200,000 profit next year. bo nothing. Do absolutely nothing. Put somebody over there to Collect +._ they ' , i ° expenses of running that the rents,and if can t save BOG over the ex en dockmaster s office over there,Ill eat it. Mr. Postnoen: bo you want a response Mr. Mayor? Mr, Roth: May I finish my comments please, Mr. Mayor and Commissioners? We sat very quietly through Mr. Posroen's presentation. Mayor Ferre:You are right, Mr. Roth. Proceed. Mr. Roth: Please, this is not me talking. I just happen to be the unlucky one who has to stand up here and go through all of this. Consideration,.. Mrs. Gordon: What happened? Mr. Plummer: It's on the ground and fine. Mrs. Gordon: It's all right? Oh, thank God. Mr. Roth: This Agreement appears to reward for inefficiency, since Biscayne Recreation will receive 10% of all increased revenues over a certain rate. See page 4, item 4, page 18, item 19, again the Contract's been changed since we've seen it. It might be in another place, but the principle is still there. The principle in this Contract is to reward Biscayne Recreation for inefficiency. Who in the devil's name ever heard of a thing like that ?I'm sorry. I'm supposed to be telling you the Committee. Concessions --the Agreement requires, --please this again comes from the sub -committee who has spent hours and hours. The word 'requires' is important, --requires services of concessions with a company receiving all of the profits from the concessions operated on City property, with the exception of one -cent per gallon for gasoline sold. Now, I must make an addition to that, there is a provision that if they have a City -owned building, maybe you are going to get 1/35 of the depreciation cost. Maybe. We just can't put a figure on it, but I can tell you that from our dis- cussions again, and Mr. Walker previously stated here for the record, he thought this would be 20 to 20 thousand dollars a year. The Contract gives Biscayne Recreation the right, and publicly the duty, to set up a marine store, --a marine hardware store, to operate a,bait and tackle shop, and to operate sail boats. This Contract gives them the right to take over,the sail boat rentals over there. This is our Committee's interpretation. And you mean to tell me that that's only worth 20 to 40 thousand? I would say more closely 200 thousand. Operating expenses, I think were covered very well by Mr. Plummer, but again we made a comment on it. There is no control over operating expenses. Who is to say how much the Director is going'to get? Who is to say how much the Secretary is going to be paid? They are going to come beck to the City Mananger for approval'. More about that in a minute. Legal and advertisinge—the marina is presently full with a 4 year waiting list, and should require no advertising expenses, Someone has gone to great lengths in this contract to provide for an ae„ertising budget, and a legal expense budget. Fine. Is Biscayne Recreation going to turn this into a transient marina? I think it is a question worthy of your consideration. Evaluation of performance, --and this is one the Committee really has trouble with. Evaluation is by the City Mananger,—this Contract throughout does not in any paragraph mention the words 'City Commission', It gives the Manager. the right to make the decisions, dock rates, what he can lease, how much business he can do. We as an advisory group strongly oppose this. We feel that It is your legal duty. Tou have accepted it, it is your decision to make and not the City 131 JAN 18 Manager's, with all due tespett to the City Manager. And there it another important point in that eathe paragraph, that the City Mananger will evaivata the perforimanee of hiseayne Recreation. And do you know what the criteria for that performance is? Let se read it to you, lased on the condition of the docks, and tltatiinees. Nothing to ray as to whether they Are good mention, fiscal managers,--nothit►g to say whether they are helping to take a good profit, —only if they keep the docks clean. if they keep the docks clean, they Are going to enjoy a SO -year eontratt, make too taistake about it. Construction management, -'at one of the meetings of the Marine Operations Review Committee, Mrs Paul Walker attended and stated in response to a question from one of the Comttttee members, 'that, to present employee of Biscayne Recreation has tiny construction management ettperiente,I as quoting from the record: Again, the Minutes ate available for your inspection. i' li conclude it note, The conclusion that I gave to the City Manager, and I'm lust going to add a touple of notes to its In conclusion, since it appeats that the Company is not now willing to enter into a short -tetra Contract as they indicated here to you On duly 28 of last year. The Committee members do not feel that this long-term Management Agreemett, or Lease would be in the best interest of either the City or its citizens, and would recommend that the City seek alternate ways of operating and expanding its marinas..I would like to add to that, that in a final meeting,your Advisory group hat discussed the pro- posed bond issue of 4.5 million dollars to build an additional 156 slips. We are not at all sure that this is the way to get more slips Perhaps the 4.5 million dollars will build 500 or more slips at another location, --say Virginia Key, for example. A Sub -Committee of the Marine operations Review Committee will soon begin work on this question and report back. We recommend that this lease not be accepted, that the Company has had the opportunity to negotiate a short-term Management Contract, and to be paid a reasonable management fee. They have apparently decided that this is not what they will accept. Therefore, the City should, one, --continue to run the marinas, keep the profits for the City, reorganize the staff, -- especially at Dinner Key --give the Advisory Board an opportunity to help revamp day-to-day operations, or two, --set up a Public Trust which would hire its own staff or contract for management services, the trustees to come from the community, of interested, but not having vested, or self-serving interests. I thank you for your attention. Mayor Ferre: Are there any questions of Mr. Roth's statements, or any of the presentation? Mrs. Gordon: I really think that Mr. Fosmoen should answer the question, Mayor Ferre: I want to get to that,... Mrs. Gordon: -of the four years, — Mayor Terre: There's a lot of questions,.... Mrs. Gordon: --particularly, which is not in conformance with the resolution that vas passed about that, The rest of the terms I think you've worked together on, but that is not in conformance of why Mr. Fosmoen: We11, Commissioner, the only way that I can respond, and as I responded to the Committee, it is first of all, what the Commission passed is a motion of intent,snd it said a four-year construction Management Agreement, plus a short term Management Agreement for the facility, and obviously through negotiations which have been going essentially since last September, The Company is putting up $100,000 for the cost of permitting this facility, toward the coat of preliminary design, We are probably looking a 3 to 4 year construction period for the facility, and the additional 6 years was to permit the Company to enjoy the benefits of the work that they've put into this project, to redevelop Dinner Key, to provide for approximately 560 slips. Mrs, Gordon; Mow long ago did you know that this was the request, and this vas the Bray you had to move along, according to your feelings, and what you just said? 132 JAN 18 Mt. Patton! I don't remember at exactly whet port that waa dtanned. Mra. Gordon: Would you say five weeks ago? gariy part of,.... Mr. liftmen! It wee fairly early into the negotiationa,'about half -way through. I don't know. Mrs. Cordon: I at, net trying to be critical of you, but it would Beet to the at that point in time, you should have cote back and asked for an amendment for whatever, from thoee persons who voted affirmatively for it, a four-year limitation. Mr. posfnoent The Commission's words, in their motions were, a four-year con= struction Management Agreement,and a short-tertl Management Agreement, Now, I guess that that is subject to interpretation and in the negotiations with Biscayne Recreation, that Management period was extended to 6 years. It is the only answer I can give you. Would you like me to go through it point..by=point, on the comments from the Committee? Mrs, Gordon: No, because the Mayor indicated that he didn't want that to be done now. I just wanted to know that one point. Mayor Ferret I am perfectly willing, you know, to do what everybody,., what the majority wants here. My inclination would be, that I think that Mr. Roth and the Committee have rendered a valuable service, that is critical in nature and the questions that have been brought out, -one or two major ones, and five or six important ones, --is really the answer. Mr. Fosmoent Let me go through it point -by -point, if I may. Regarding the question is to whether or not this Management Contract, or a lease agreement, -- the only thing I can suggest to the Commission is,that that is opinion, that there is language certainly contained within the agreement that suggests that this is a Management Agreement and language has been inserted into the Agreement since our discussions with Mr. Guandola, our bond counsel, that would strengthen that position. For example, the Management Company collects the revenues for the City but they are deposited daily into a City account. That suggests the Management Agreement. There are a series of paragraphs in the most recent draft of the Agreement, that I think strengthen the position that it is a Management Agreement. As to the income to the City, I believe the comment in the letter is, there is no guarantee of income to the City until bonds are paid off, however the Management Company based on present rates will receive $133,500 per year. I am not going to debate which version of the Agreement was before the Committee. I will tell you what is now in the Agreement. If bonds are sold, the City will receive as its minimum guarantee, 50 percent of the debt service. That is esti- mated at approximately $200,000 a year. In addition they would receive an amount equal to 1/35 of the construction costs, that is estimated at $100,000 a year based on 3.5 to 4 million dollar construction cost. Immediately upon the ex- ecution of this Agreement, Mr.Roth is correct, the City would not receive any revenue. However, any surplus revenue would go into a construction reserve account which would reduce the bond issue. Mr. Roth indicated in his letter the Committee indicated, that the Company would be entitled to $133,500 assuming the $200,000 profit, if you will, from the Marina, --profit, after expenses. If you accept Mr. Roth's figure of a Management fee to Biscayne Recreation of $67,000 immediately upon execution, during the next year, that net profit would go into a construction reserve account. Again, accepting Mr. Roth's figures, if this project .cannot be permitted, or cannot be bonded, and acceptwe profitthat amount would be split between the construction Management fee and $availrablefor work at Dinner Rey, and the City. So in that case the City would receive approximately $66,500. None of that would flow to the Company, The only profit, the only fee to the Company, if this project is not built, is one cent per foot per day, plus con- cession revenues, Mayor /erne; If it's all right,I'd like for Fosc►oen to continue answering the questions and just mark down on your paper what questions you have and then we will go to questions. Then I'll give Mr. Roth as opportunity to rebut. Mr, Foswaon; As to Concession, Mr., Roth is correct. The Company would receive profits from the concession, and we would have to go back to where we started with the Company in terms of the original propooal, to recognise that that its in fat one of the things that vas negotiated as a profit center for the Company, vas the revenues from the concession'. Mayor Perm You didn't answer the question about the sail bests. Mr, Patent Oh, I'm tarty. Thank you vary Ruch. On page,..,there it a list of eoneesstoris that the Company gay operate. The sail boat rental is not included in that list of eoneessions. Unidentified: In our copy it had it itt there, You tnadifted that copy, Mr. PbAMOttit Yes, sir, Uriidentifiedt Okay, Many modifications ere made within the last two dais, Mr. Mayor. Mayor Ferret Co on, gait, you will have your Chance, Mrs. Oordon.t,hat about charter boat and commercial boat rentals? Is that still ded? Mr. Posmoent Those are not included in the concession agreement. Mrs, Cordon: That whole sentence has been removed? Mr. Fosmoen: Operating expenses,There is no control over operating expenses-- compensation is the exclusive authority. The Company, in response to that is that the Company must provide a semi-annual operating budget to the City Manager. Legal and advertising, --it is correct the marina is full, with a 4 year waiting, list, however it has been the position of Biscayne Recreation, that through proper advertising the Dinner Key can become the Flagship Marina in south Florida. The operating budget which includes the advertising budget, would. be subject to review on a semi-annual basis. As to the question of legal fees, I believe I touched on that earlier. Mr. Dubbin, it is expected within the contract, would provide legal services to the Company that relate to the mangement of the facility. His fees, or legal services to the Company for, ,Company oriented questions if you will, separated from marina questions, would not be included in the operating expenses. On the evaluation, you recall thatthere has been a change in the agreement, that provides that this agreement would be subordinated to the bond agreement,on the 'bond ordinance. If it is necessary to expand on the evaluation, it can be done in the bond ordinance. Further, there was a default provision, if the Company is in default of any items in the con- tract, they must correct it within 30 days — On question of construction management, I would ask Mr. Walker to respond to that. Mayor Ferre:Mr. Walker? W. Paul Walker; I just want to answer one of the things that Mr. Iaconis said in front of me here. He said that the sail boats and everything were not in his contract, and he has his contract right here, and it's exactly the same as mine. Mayor Ferret Well, that is something Mr. Walker, that, --you know he'll have an opportunity to say, and I'll certainly give you the opportunity to challenge back and forth until we get it resolved one way or the other. But let's now stick to the germane questions . Th 134 J►N18 Mrs Walker: As far as eanetruetion, startitlg some 88 years ago WAS in et arse ,6t a 4h minion dollar building for the zany that t work far which was the Allied gteres'Camp&ny, the mere of Jordan Marsh here, and this was a stare built that t supervised from the ground up its Mieksvi le, Mid&fs and plaza, in Mieksvilie, iiM§ Islands MIS. COMM You're trot eo ins through laud enough. Mr. Walker: Mrs. Gordon, t said the first job t had in supervising eonstruetien WAS for the Allied Stores Company in 19 , where t supervised a 4t trillion dollar store built from the ground up, five stories, its rlorida f supervised, t planned with the architects, of course, with the general contractor and built P:icherds' stores ih Lauderhill, Palm beach, Hollywood, Cutler Plage, Palm Springs and Midi island Mali and these were stores from 2 to 4 million dollars. live had.my owr' case right here ih Ci eontst trove, I bought land and built a number of duplexes right ih the Move,, so t have had building estperiet ee. The same with one of my associates, Mr. 'rraugott, who is er, electrical contractor in tbdiana and had five years of electrical contracting experience before moving to Florida. That's the building. Mr. Roth: Mr. Walker, our comment was "marina construction experience." Mr. Walker: And I said I had no marina, Mr. Roth: That is correct, that is what you said on the record, yes, sir. Mx. Plummer: May I inquire at this point to that particular point? Mr. Fosmoen, it is my understanding that these will be revenue bonds and as such will come under the bidding procedures of the City. Mr. Fosmoen: That's correct, sir. Mr. Plummer: And isn't it to assume that this City Commission will be picking the contractor? Mr. Fosmoen: Yes, you would pick the contractor, furthermore, nothing in this con- tract precludes us from having a construction manager on the site during construc- tion. The reason that that was included as one of the management services, that's on site - over -sight if you will of the construction process - is because we would have someone 24 hours a day on the site during construction. Mayor Ferret Precisely, but I mean we're not going to have them as management con- tractors and then go out and have our own management contractor watching their's. That's like having a policeman to watch over a policeman. Mr. Roth: In that same vein, Mr. Mayor, may I bring to you another comment before '., the committee which was right on target? The City Manager said to our committee, and I'm quoting again from the record, "The City will have a consultant to review the performance of Biscayne Recreation." Mayor Ferre: All right, any other comments in answer to Mr. Roth's January 8th letter? Do you have any further comments on his answers to your letter? Mr. Roth: Mr. Mayor, we could go on all night like this. I don't feel qualified to answer each and every one of the points. We heve a ten member committee who have spent hours and weeks going over the contract on their own time as a commun- ity service. I wouldn't presume to answer for all of the expertise that we have, so all.... Mayor Ferre: Fred, I realize that but we're coining to the decision point, we have to.... Mr. Roth; I understand, I've Made my comments as we've cone along here, I've missed one committee observation that I'd like to make and I think there are other people in the audience who will probably carryout that theme. I don't feel *pall- tied to go point by point by point, Mz. Fosmoen does this for a living I do not. However, there was one very very important point that I have neglected to make, if I might va_ke it then I will relinquish the floor, This contract gives to Riscsyne the right to take over PI of the slips from the day this management contract is signed, excuse me, this lease is signed. We have people who have been waiting four and four and a half years -Commissioner Plummer waited what, three and .a half years? And then he didn't have a boat when he finally got the slip. And we're going to turn around now and give to Biscayne Recreation ;VI slips and deprive the citirens of Miami Who have been waiting four years to get into this marina to let them rt 135 JAN 18 Engage in the brokerage business on eity.owned property and pay no tapes and give you no Share of the pretit'A Thank you. Mayor ferret be you wish to add anything else, bileayne Aeereatien/ Mr. Walker! We have no plena of taking away any slips or deleting any one's nae,e from the fiat. Mayor Ferret All right, Mr. Walker, Mow, are there any questions from moehere of the e6MMiesiort before we go er to Mr. Licatis and Mr.. bikon7 All right. Mr. Tom bikont Air. Mayor, City Cot niaaieners, I feel like I've been here ter a year and 1 realize that now I have been before this Commiesioh for almost a year and 1 don't mean to Hick at individual items iti this tahagecneht agreeMEht, 1 think What we need to do is look at What we're all trying to eeeotnpiish. I've been be- -fore the Corrrmissibn,_a let of people have spelt'a lot of time saying what can we do to help the City of Miami become a real boating eapitai. Let's don't look at Dinner Key, let's don't look at Miamarina let's look at Miami's waterfront. What is the best thing to do, the best thing for you to do, the best thing for the adrnininttation to do and the best thing for the citizens, And if you think abo;at it I think you'll come to realize that the creation of a trust which car, provide marine facilities, We can look at marinas - did you, ever imagine how nice it wou c be for the people who can't afford boats to have a fishing pier? for the people that can't afford to tie up to a marina to tie up to moorings? These are the kinds of services that could be provided by a tryst, you talked about the five alterna- tives, I think you have to realize that the concept of a trust will make sure that Miami's Waterfront and its future will be protected, it will provide a service to the citizens - as you will recall, the leases that the City has signed in the past end up who benefits? - not you the landlord, for some reason it seems to be the tenant. And I'd like to suggest that you reconsider the trust, that you reconsider the concept of the trust - if it is necessary that the trustees are all non-boatins people fine. We have to axe to grind it's the concept that we're trying to get across to you. We would ask that you reconsider at this point because there is a lot of controversy with these agreements both with Miamarina and with Dinner Key. It is interesting to note that Dinner Key is ten years and Miamarina is four years. I've read the Miamarina lease, no one asked me to but I did and it is interesting that whereas you've got two leases,one for four and one for tenjbut the whole ques- tion of leasing I think is bad. Keep Miami's waterfront for the citizens of Miami. Thank you. Mr. Murray Dubbin: Mr. Mayor and members of the Commission, I have no comments on Mr. Dixon's words because we're not here debating the issue that he discussed. I thought that that had been settled and in any event it would not lie within our function to comment, criticize or take a position on the trust or not on the trust, that's, completely within your delegated power. I am concerned about what I think is a misapprehension or misunderstanding possibly in Mrs. Gordon's mind having to do with the question of the term of the agreement. There is no way in the world I can sit and respond to somebody, who says this is a leaseeit's not a management agreement - it's like when you were children, we were all children, we'd say yo;: know my father can beat your father and it is just one of those things that we're not really here to debate. To a great extent the concept of the length of this, Mrs. Gordon, much of these words are directed to the questions that you raised and I don't think that they were adequately answered. The question had to de with a ten-year term. As you remember, when Biscayne Rec. first made its proposal1it proposed a much longer period of time. It proposed in effect an agreement for a period of 30 years. And by the way, the other proposals came through 30, 40, 2: and the like. The account Commission very carefully stated these words: "A con- struction management contract for the operation of Dinner Key for a period not to exceed 4 years" that's a construction management contract, clearly in our mind evidencing the intent of the Commission that there be massive reconstruction under- taken immediately and then an additional short term operating management contract for theentire facility. As you'll remember, when the proposal that Was made by Biscayne was made the Construction concept was completely different. Our idea was to do the construction with private funds, private capital, rebuild the deterior- ated slips one at a time and to extend a second phase eastward toward the bay. The City Manager did not agree with that and I assume that the City Commission didn't agree with that particular- preferred a different way of doi.ng it, The City Mdanager's Office reflected and convinced Biscayne Rec., as managers that the desire end the needs of the City was to completely rebuild the existing docks end to add to them eo that you would have a total of perhaps '7 docks and a total of 550 slips within which to locate, a cottpleteiy different concept. This meant im- mediate massive permitting efforts because without the permitting efforts nobody does anything on Biscayne bay or any body of user and properly so, It also in- volved a m unive immediate rebuilding project. We were instructed that our job wig to go to work and to rebid and to provide this vision which was presented rt 136 JAN to tte: This meant, obviously, the permitting process using all due diligence. If we think we can get pant it within A period of a year Wre'te being very opti6 miatic. We hope that we pan tetween the permitting proaees, the bonding process a and bear in mind the ending eoneept was a nev eoneept to ua but was not new to the Cityaand'the construction proem, the feur•year management of eonatruetion period is used up very quiekly and then thequeetion of what period of time there= atter is a %hart period of ti!A€,ei can tell you we tried to get an additional fifteen years, we then backed dawn to an additional ten years and thenhby i tia= tiohj backed dawn to a total of tee► years it eluding the permitting ar,d the construe& tion preens. This is how it happened and l feel that you should be aware of it I assume that you have vote general knowledge but this is where we're at. We feel that we delivered the produet that the City really requested. The other question having to do,unfortunately Mr. Roth = not is your discredit of to the committee's discredit = the eontraet ended up with approximately forty same odd pages and was completely 'typed up last week, distribt'ted f think to the Commission over the week- end, we found two additional typographical iri effect errors today which de hot affect the substance of it but that's the nature of the product. I can tell you it probably won't wir, prizes for literature but it is something I believe Will co the job that you want. That's the only response 1 wish to make to Mr. Roth, Mayor Ferret All right, Mr. laeohis. Mrs Ike Iaconis: Mr. Mayor, I'd like to respectfully request that I hold my re- marks until we've had some of the people in the audience make their remarks and I'll provide some sutrmary at the end of their comments, May I request that/ Mayor Terre: Ike, I'd like to respectfully ask members of the audience, 1 don't Mean to insult anybody's intelligence, but 1 hope that we Won't go through one of these things where 30 or 40 people get up and say the same things over and over and over again because that doesn't really accomplish, we can do that with a shoo, of hands. Mr. Iaconist 1 have no control over that, your honor. Mayor Ferret I know, and 1 don't completely either. I can rule people out of order but then people start to get upset when I start ruling them out of order because they're repeating something that's already been said and then everybody starts getting angry and what have you. And 1 want to try to avoid that so let me see if 1 can do it on a voluntary basis. If somebody said what you were going to say, if somebody says it even if he doesn't say it as well as you can say it please don't stand up and give us a long ten minute dissertation or two minute dissertation on the same thing. Now, I would be grateful if we could just try to limit that type of discussion because otherwise it serves no useful purpose. This is a public meeting, the publicmeeting is basically for the purpose of reviewing the proposed lease of Biscayne Recreation Development Company. I realize that 95% of the people that are here tonight are basically here becausethey would like a trust created. I'm very well aware of that, there's no big secret or surprise !, about that. That's not what this public hearing is supposedly about. I know I can't stop people from going into that but I would respectfully request that you try to limit your statements and be precise and concise and not repetitious. Okay, how many speakers do we have tonight? Eleven, where's Dan Paul? He counts for at least eleven. Where's Al Sakolsky? Dan left? The client stayed and the attorney left, that's pretty good. I would say we probably have about thirteen or fourteen speakers. Does anybody feel that they need more than three minutes to speak? I think that should be adequate. If you could keep it to two we'd be most grateful but let's get going. With three minutes per speaker that's going to be a good 45 minutes. Let's start this way and we'll work across the room. Who is the first speaker on this side? No volunteers? Step right up, sir. Mr. Bill Adams; Mr. Mayor, Commissioners, I'm Bill Adams, I'm a tenant of Dinner Key. I have two questions I'd like to ask of the proposed managers and, indeed, the Commission, why they wrote the contract in this way. The rental fee for the Manager goes up 10% for all the rental in excess of 120 a foot, would it not be better organized so that his inflation allowance is related to the coat of living in- stead of an inducement to increase the rates/ It seems to sae a fair, inducement for' him to put it out not in favor of the tenants. A point that never was brought out is that Miami is a waterfront community, boats on the waterfront are one of our major tourist attractions, if by virtue of a profit minded manager who is not encouraging tourists and not encouraging the worldwide flood of tourists to come anchor out in the bay, if our -manager is not going to do that for us he's going tQ hurt the tourism in Miami and the tourists who come by boat are normally wealthy and bring a lot of money to the community. l hope those two points can be cor- rected. Thank you, sir, Mayor Ferre; All right, who is the nest a&er? Steve. 137 JAN 18 Mrs fteve Canal stover darner, S200 poinciana, '1'he thing that means me about this contract if it is even -considered for aeeeptanee is the feet that it's an if=eome contract. Cin the basis of than existing struetur a if it's left done the City gives up VI of its ineome for tha Measure of having somebody else manage it. If the City goats ahead with the, if the operator goes ahead and manages to get the funding of the issue; the bond issue,• whieh is highly unlikely considering all the ageneies that have to be taken into consideration. At that point, the eity's posi- tion thatges somewhat better but while it goes as it goer presently they get noth- ing and they give up III. What eoneerns to frankly is that on page 14 of the eopy that I'm reading they have the right to sublease without permission the doeking, the dockage and moorings, whieh means that they tan negotiate this eontraet, sell off that portion of it aid walk away from its continue to eolieet the 100% of all the toneessions that they've given bUt and there is absolutely no proteetion for the City. The only thing that has been pointed but that's a z ualificatioh here is that if they keep the docks Blear► for the first six months they wind up with a tehoyeai eontraet. And by promising to possibly commit a hundred thousand dollars they get that ten years, that was the big consideration, that they have tb coarse up with that one hundred thousand. That's a pretty good return on inVeStMent6 All the other funds are subject to getting the bond issue. Really ay feelings here is the getting of the public Trust which I'm in favor of and my feelings here is the city doesn't heed this thing, the city needs it appropriately negotiated.... This is a erin,inal act. Mayor Ferre: Do you want to respond or does Biscayne Recreation want to respond? Murray, why don't you sit up in one of these chairs so you don't have to... Mr. Dubbin: Maybe I'll just stand here. I'd love to sit next to you, Mr. Iaconis, better than sitting in front of you. I'm just kidding. Mayor Ferre: Well, I'm glad you said it because I haven't had a laugh all evening and I needed one. Mr. Dubbin: Mr. Mayor, in response to Steve's comments, his mathematics are simply inaccurate and I think that the information provided by the Manager's Office rebuts that and answers the question. The question of the ability to in effect assign these rights is covered and I don't know if you have the contract but page 28, para- graph 38 is a clear prohibition against assignment of the management agreement with- out the prior approval of the City Commission, so that has been taken care of. INAUDIBLE COMMENTS FROM AUDIENCE Mr. Dubbin: Steve, I appreciate your legal advice but I can promise you that if somebody tried to assign a part of that agreement they would be stopped. That's really all I think that anyone can respond to because most of it was opinion.' Mayor Ferre: A11 right, let me understand the response. His statement was made with regards to the sub -lease or the assigning of the lease, that was the question. The answer is that it cannot be done without the City Commission's'approval. Mr. Dubbin: Correct Mayor Ferre: Did I get that right? Mr. Dubbin: That',s right. Mayor Ferre: Of course, that can happen now, you know, under what in effect you're saying is that that does not change the Mr. Dubbin; No, I don't think he was talking about change, I paragraph was in the draft that he.... Mayor Ferre; I'm talking about the existing situation. Mr, Dubbin; I'm not sure it changes the existing situation a problem. I'm trying to respond to what was a,,,. Mayor Ferre; A.] right, Steve, if you would like to address appreciate your doing it through the chair on the microphone a record of everything that goes on, Any further discussion who is the neat speaker? We'll start over this way, ma'am, our own control but substance. 'a: not sure that this tall, it's not my Mr, AObin 1 would that way we'll have on that? All right, You have a microphone. Mss, RAzion Reed; M. ,Mayor And commissioners, I'm Marion Reed and I'm here repre= stinting the Sierra Club and the Marine Wilderness Society' One of the things that came out of the earlier meetings that we were discussing is that there was an environmental advi,aor)' board appointed and we were asked to meet with Siec.ayne Ft 135 .J N 1'8 J bereatien and dieauea the plant far binner Ray which we did. There seamed to be a very eooperative atmoetphare gang on and there were a lot of euggettiene made and a lot of ehasges made and after our dieeuaeiane, we are net the ea y member§ bbvieuely of this eommittee, only the Sierra Club and the Marine Wiiderneas goeiety have agreed that Pima i of the piano are aeeeptabie are cry environmental level. We are not supporting the tiseayme Recreation or the Trutt or any other thing, We are only +eom►enting or► our observations from studying the plane that We era eider* this to be environmentally acceptable. Thank you. Mayer Perm Ma. Reed, we want to thank you and the other members who served on that ebmmittee for that valuable serviee, but, of eourse, your eharee was to help us protect the environmental aepeet of it hot to give ue advice either legally er on the business aspeet or on anything but the eevironmehtai, Of eourse you're entitled to give us your opinion Oh something else. Ms1 Reed: No, but X wanted to be understood that t am only representing those two organizations, there were other organizations who did hot come to any agreefeet as a tOMmittee so you may hear froth other Members of that COMMittee6 Mayor Ferret All right, thank you very much. The next speaker. Mr. Sohn Ba donxs.= Myname g M is Sohn Ba gdonis, I'm a Massachusettes architect. I've been asked by the Dinner Key Review Committee to advise them on architectural mat- ters that they've been involved with and have previously talked this evening. The biggest, the bulk of this management contract involves a 4.5 million dollar: bond for the reconstruction of the marina so I want to elaborate on what Mr, Roth said earlier when he mentioned that he wasn't sure that Dinner Key should be re- designed and he also mentioned Virginia Key might be another area or there may be other waterfront areas to be considered, I have been to the architect's office that Biscayne Development has retained and I've reviewed the site plan that they are proposing. It incorporates building an additional pier north of pier I and an additional pier south of Pier V and respacing the existing piers in between. Now Dinner Key was blessed in having been surrounded by islands. These islands provided a natural breakwater and that's why the marina was born here originally. Pier I is not protected in a northeast blow by these islands, consequently any pier north of that iv going to be exposed even more, Pier I becomes a disaster area in a northeast blow. It has been mentioned by.... Mayor Ferre: I'm confused, I'm sorry, are you talking about proposed Pier I? Mr. Bagdonnis: Well, you see we don't have the plans here that Biscayne Develop- ment is proposing and I think they should be reviewed. So I'm trying to draw you a picture as best I can. Mayor Ferre: A11 right, well when you finish remind me, Dick, to ask you a ques- tion about whether or not we've got environmental advice, and we're getting a lot of advice on the business aspects and the legal what have you, have we had any- body give us advice on the marine aspects of this thing? Because you know, I don't want to remind us of a bad experience but there's been a lot of criticism than we made a lot of basic mistakes 15 years ago in the design of,Miamarina. Mr. Fosmoen: Any plans, and I have a copy of Biscayne's proposed plan at this point, any plan is subject to change that's why Biscayne is going to put up $100,000 for preliminary design. Furthermore, this Commission would have approval of the design in addition, of course, to working with the bonding houses and their engin- eers.. So,I think the questions relating to design may be premature, I think they are important for input but obviously they're not a full set of design plans. Mayor Ferro: I understand and that'•is a satisfactory answer. Go ahead, John. Mr. Bagdonis: Ok. The pier that they're proposing north of Pier I does not have the surrounding area to incorporate a breakwater wall, therefore, you are contra- dicting knowledge which mariners knew hundreds of years ago and that is you do not provide a marina facing the open water without providing a breakwater, That is Pier number , I mean we'll call it Pier 0, it's not Pier I that they're proposing, Ijet's call the.other one south of Pier Pier VI. This pier is being introduced into the most crucial channel of Pinner Key. That channel is used by the Coconut Grove Sailing Club, it is used by the Seminole boat ramp as well as the sailboat rentals and the shrimpers and they are proposing to put this pier right in the mid- dle of that channel which is going to mean that it is going to wipe out about, you're going to have to build a channel around it which is going to wipe out, t estimate about 30% of the Wirings of the Coconut Grove Sailing Club, l think we should have some input on that, Then you're going to respect all of the existing five piers so that they're closer together, Thcee existing five Piers, the wain pier is a Ft 139 JAN 18 eanerete str+eture it will last forever, so What I'm saying is 1 don't thinksNo- when we get into parking, the exhibition onto!, when the exhibition eenter is exhibiting the boat show or the home show er whateveroDinner Key beeo+es a disaster area. hiseayne r veiopment is proposing that they increase the marina, they're going to double it. They're going to go from 331 slip& to S5b plus gab moorings, Now that's over a 1081 increase, Where are you going to park the cars, Now l Can tell you from being here several years that in the summer time you can see the human waste floating in the bay and when you talk about ihereasing a mar' ins to that proportion I'm saying thet Dinner Key is already the largest marina in Miami and 1 think that you should eonsider other areas of the waterfront for additional slips and t do want to say that it is important that you consider addi- tional ]marinas because the boating community is growing and it must be provided fors Thank you. Mayor retre: next speaker, Al, Mr. Al sakolsky: t#ello Murray, My name is Al sakolsky, 1 own the Coconut Grove Hotel. 1 at vitaiy interested in the waterfront of the City of Miami as a:ly Citizen should be. I don't think that there can be a price put on what the return of revenue is to the citizens of the City where the parks are concerned or public lands otherwise New York City would no longer have Central Park because the value of the land is so expensive or Chicago wouldn't have its great park districts I think the public facility which is the Dinner:Xey Marina is part of the trust of the lands that are put in front of this Commission and they're acting ih trust for the people of this City and it should be kept out of private hands and for use of the citizens of the City as part of the overall benefits they receive from living in the City, from paying taxes in the City, and from working in the City. If you take away all these public areas we'll have a big jungle out here. Thank yoa. Mr. halter Jackson: I would call this a sweetheart of a deal. You put up $100,000 and all you can do is make money for fifteen years, you can't lose any money. Mr. Mayor, you're a business man and Mr. Plummer, you're a businessman and I think you can get a better deal. I have a couple of questions. My name is welter Jackson, I've been on Pier IV for a number of years. It never was made clear how much the executives of this group can pay themselves. We have talked about the pier manage- ment down but nothing about the executive group and I wonder if that's a wide open thing or if there is some control on it because we've got to have a profit left here after everybody gets paid. Mayor Ferre: Go ahead, Mr. Fosmoen. Mx. Fosmoen: Any member of the management group would receive their compensation from the management fee or from any surplus funds that are available for distribu- tion but members of the management group would not be paid out of operating expenses from Dinner Key. Mr. Jackson: They would be paid out of their profit? Mr. Fosmoen.: Out of their profit and their management fee, 1C per foot per day. Mr, Jackson: Thank you. The only other question I have is the matter of nepotism. We have seen one of our House of Representatives convicted on many points of nepo- tism, what is to prevent these very fine people from hiring wives as secretaries, sons as dock workers, brothers and cousins, etc.? I have watched this current management that we now have breaking in Latins and bla. .s and I think the City has performed a great service and I wonder if we aren't throwingthat service down the drain when we turn this marina over to private enterprise. Thank you. Mr. Fosmoen; Mr. Mayor, in response to the second question, Article XXVII there is a Conflict of Interest Clause, ".,. No stockholders, directors or esPloyees of the company shall have any interest in any business who supplies the company with goods or services without advice to and consent of the City Manager." Mr. Walker; In addition to that we have an employee manual that has been written and in the enloyee's seal no one can work for this company that is related to any of the officers of the company, Mayor Ferro; That, of course, ie not something that is binding though because that's a mama, Mp, Walker; It's our manual and we weren't asked to bind ourselves on this point, mayor Mrs; l understand but I just wanted so there's no misunderstanding on that, i4, there are a lot of people, a tot of people that haven't telked, l witl give you an opportunity spin tater on but let's give everybody a fair chance. Who is the next .Wakes? Alt right, .air. Mr. Rioh:ard p. gr'iggef Mrs Mayer and Catonieeioners, m name iS ftiehard ps Briggs. 1 represent the Marine °Csineii of Miami, l have a very brief statement bare that I'd like to read to you than l will furnish you espies, The Marine Couneil Board of bireetor§ peened the following resolution this date = and it it dated today %After having reviewed the various plans from the original bidders as wail as the aspeets °et a pttblie trust as presented by the eotrmittce advoeating the trust and the speeifie eartraet between Biscayne Recreation Corporation and the City before the Cotriseier this evening, the Marina Couneil endorses and recommends the City n ission award the proposed management eontraet to Biscayne Reereation Develop- ment corporation for the management of Dinner My. The Marine Council requests that the City continue to ask for its adviee on City matters relating to the mar- ine eommunity. Submitted as directed, Richard B. Briggs, Executive Director.", Mayor ?erre: Thank you, sir, Are you'yoing to submit that into the recordokay, bilhie, you wanted to speak, if you would COMB up. let's give her a ehatiee. Mrs. Joanne_Molzhauser: Joanne Molrhauser, 4210 Ingraham Highway, Coconut Grove, I'r+ President of the Coeonut Grove Civic Club. it'd like to ask, I haven't heard this answered any place, I've theeked with the clerk's Office, I'd like to know what the exact legal description is of the property. Mr. Plummer: Yt's outlined on this map. Mrs, folzhauser: it's outlined on the map, Mr. Fosmoen: There was also a trap distributed to the Commission. Mr, Plummer: I think there is a mistake though, isn't there just about where the Dockmaster's Office is/ No, this one shows it,the one I saw this morning doesn't. That's it there though. Mrs. Gordon: Were you asking for the terminology and the description? Mrs, Holzhauser: Well, it's just that in talking to a number of people about it I realized that it has never been clearly delineated in the material that the pub- lic got at the last meeting or anything else exactly what the region was that was being discussed, whether the islands were included or weren't, how far they went towards the Sailing Club, things such as this and those seemed to be very import- ant that the public have access to those and that they be clearly spelled out in any documents that should arise. Mrs. Gordon: That's a very good point, nobody has mentioned yet.... Mrs. Holzhauser: It has not been talked about, I've been here through most of it and there's really been no discussion of what is the area that we're talking about. Mr. Fosmoen: Shall I give a verbal description if I may? Mayor Ferre: Well, it's not really necessary when we have a drawing, why don't you give her a copy of the drawing. Mrs. Holzhauser: Yes, if I could see a copy of the drawing even. Mayor Ferre: We'll pass you copies of it1 how many people want copies of it? Raise your hands, Okay, will you get the Xerox machine working and distribute the copies. Mr, Fosmoen: It's an area less than the original lease bid package. Mayor Ferre; We'll get some other copies so anyone who wants them will have them, A11 right, what's your next question? Mrs. Holzhauser; So then the islands are included in this. W. Fosmoen; No, not all of them, Mr. , Flurme': Parts of them. Mrs. Holzhauser; Well I'a sorr^y, there arcs two islands which are included, the two shall we say control islands ere included. 1 think that that alone will bri.nq so many other agencies into ttas thing that for the Comission to even begin with the contract to foolhardy right from the start because 1 tank almost every ;eeponsib.e_envi.ronmental group in the Mate end t County and probably the Federal Goverment will be .invo lied in this. Those islands are valuable, they ere valuable to ell of uasso i think that is one question. I don t went to rt 141 Jaru 18 labor the point of the management ntraets and all the systems that are going into it but it is 5ust a let of manly spent here and it seems to me that what it really results ih is this group it going to be eilowed to use publie land and if Mere is a profit after they've done whatever they want to do they'll give us sage and that is really the thrust of what t want to say tonight. This land be- longs to the people of the City of Miami, it lust belongs to all of us TW6 of any kids were boat at Morey Hospital, l live in the Grove. I fight for the Grove and I'm hot dust eereerned Nit with the Grove. if you ell are so all fired eon. eerned with reereatieh areas why didn't you do what you premised with the parks for people? Why didn't you build things for the people in bvertown, the people in the Guyer bistriet► sate of the people right here in Coconut Grove? There's ee much tithe Ahd ee ttat h stoney spent oh taking public land, giving it over to private interest for the haves, it's not a tatter of tam' ih Miami any more it's net a hatter of rage, if you want to call it color it'e green it's the money, it's the money that you're going to get out of something that is public land. Let the public have accees,to this land. l think this whole thing is an absolute stineh in the nostrils of the public of the City of Miami. ,Since last Cuiy, and I know that everyone says you're oblivious to editorials, you're oblivious to letters to the editor, to anything, why in cod's name can't you all realize you were elected for the people? You then hire and appoint people to work for the people, It's our land, can't any of you hear us when we tell you what we'd like to see? You've thrust ironer key down our throats, the Exhibition Hall, we have spent years in Coconut Grove fighting to have a little bit of say about our la:i so you all live in Coconut Grove, There are five of you up there, you live in Coconut Grove - there are a lot more of us out here, we live here and there are a lot of people who don't ever come to the City Commission Chambers but they de- pend on you, Can't you once and for all let the public have a say? why give it over to private interests? I say it again; it's a stinch in the nostrils of the public but you're going to sit here tonight and talk about giving a management contract to a private group when there are citizens who would like to be involve in the say-so of their own area, of their own money. It's our money that guaran- tees their profit. There's nothing wrong with making a profit, let them go buy land and make their own profit stop asking us to come up with all the bony money, all the guarantees, the employees who sit down and work with the developers, we're paying their salaries and we're tired of it here in Coconut Grove and r hope some of the other people in Miami who aren't here tonight will hear this. Put the parks where the kids need them. There are little kids in here who are never going to have a boat, they want a place to play, they want a decent place to live and I think it is a shame, it's a disgrace that we're down here tonight fighting about who is going to have a yacht space and who is' going to have a place to eat and drink and do whatever. Talk about the people in this City that deserve your sup- port and turn down contracts like this until the people are taken care, of, the common man, those plain old people that pay the taxes. And I'm not talking about having any Proposition 13, you know me, I want public services but let's talk about the private individuals around here and do something for the kids and the old people in this town first before we do it for the developers and the capital- ists.' Mayor Ferre: Al, I just want to comment that I'm glad to'see you didn't appla::c on that, when they said the capitalists you didn't go for that one. All right, who is the next speaker? UNIDENTIFIED SPEAKER: I'm the next speaker, Mr. Mayor. Mayor Ferre: No, I think this gentleman over here but all right, you're the next speaker and then you're next, Mr. Waldo Ellison: I'm Waldo Ellison, I live at 1623 Micanopy Avenue in Coconut Grove. I just would like a clarification, please. From what I heard, and it may be erroneous, you stated that 56 of the total space available for boats can be utilized for brokerage, is that correct, up to 56? So that would mean of the 550 slips approximately 27 would be given to brokerage; Now is the City to receive money for this? How' is this thing organized, why is it that 27 slips should be given to private enterprise as a maximum to go and utilise for their own personal benefit? How do the people of Miami benefit from this? And I would like a re' spQnse. • Fosmoen; The brokerage is ono of those concessions that the company may pro- vide, obviously any boats that occupy those slips would have to pay the regular fee for occupying those slips. • . lison; Is this so stated? Mr, Fos n; YO6, rt 142 tiMMENTIPIED 'SPSAMER! It'a stated Oh page 3, Artidle VIII. Mt, Ellison! Eft nevertheless, passibiy 2, slips would be sitting there that people at the City of Miami would not have aeeess to. UNIbENT1PIE5 SMAnk I. NAtfiblhi. Mf Ellison! For your own persohai gain. Thahk you, May Perm All right, the next speaker, your turn►. Mr. Alan bliss! I'm Alan Miss, 3S64 Crystal Court. A while ago, Mr, Mayor, you were very instrumental ih helping keep the Sailboat Rectal business down if binnet Key. you said it was a publie:good, you waited to keep the rates so that people eould use them, It is a Monopoly no matter how you look at it because there isn't though dock spaee for everybody, When the City has it or a government agency has it at least they have guidelines but when you turn it over to private enterprise it is ridiculous for them not to get as Mich Money as they call beeause private enter- prise is supposed to work on the idea.,., Mayor Ferre: We set the rates, the City Commission sets the rates, Mr. Bliss: Yes, it iSt't the way we read it when we had our meetings on it though, that was tonight t heard that. Okay. They're still going to go up, the plans, for the advertising kind of proves it. The only reason you'd need advertising is if your rates went up high enough where you could only draw in people who could pay a higher price. We don't have any parking now, it is so bad now it isn't even funny, They're talking about putting two more slips in, there is no parking plans, no plans and you're going to try to improve Dinne Key by making it worse of a problem of parking and that's part of the reason you have slums, you don't have parking for cars and things like that. If we're making $185,000 a year now, the City from the Dinner Key Marina, and we're spending it so we must be making it, they've already started to put some of the money out. How can the City afford to give a large share of this money to private enterprise? Because certainly what- ever you're going to lose to them is going to be money that could be put into the Dinner Key Marina and the reason originally you came up with this whole idea was the fact that Dinner Key was losing money and there was no reason for the City to have to subsidize the docks and that was what started this whole thing. Now, you're proving that Dinner Key isn't losing money, Dinner Key doesn't have to subsidize the docks, the docks can subsidize themselves and do the whole thing without any outside interests. Thank you. Mayor Ferre: We have two more speakers, Al, if you can hold your patience for five minutes you'll have another chance. Mr. Bill Auro: My name is Bill Aura, I've been a resident of Dinner Key for a number, of years. Back when the Commission first started this investigation into the bids to lease the marina the whole idea in the beginning was to use private funds to develop the marina. It went from this concept to a revenue sharing bond concept. I was cruising during the summer, I don't know the exact reason, I think it was because the long term lease was not feasible. Biscayne Development and most of the other bidders bid using their own private funds. If the rules have changed somewhere along the line why not giave all of the original bidders another chance to see if they can come up with a better deal for us and the City by re- bidding it on a revenue bond sharing? I do believe we can get a better deal, let's look at all the possibilities. Thank you, Mr. Jack Lowell: Mr. Mayor and Commissioners, I'm Jack Lowell, I live at 3600 Seward Avenue and I'm President of the Coconut Grove Chamber of Commerce, that's a'iroup of about 160 firms and individuals who work or live in the Coconut Grove area, The Coconut Grove Chamber of Commerce believes strongly that you are pur- suing the right concept for the expansion of Dinner Key and we all recognize that the plans for the expansion of Dinner Key ha•;e been considered for the last ten years or so and nothing has happened. We are in agreement with a number of people in the audience tonight that the public access to the bey has got to be expanded with the beet protection for the City. The thing that bothers us most, is that nothing is happening - nothing is happening, Meanwhile, Miami Beach is building a'tremendous facility which will compete with Pinner Key, the County is planning two POP; marinas and has recently signed a lease with a group for Pelican Harbor for exansion and modernisation. So while the City of Miami does nothing the other municipalities and orge izations in the area are expanding their marine facilities at our expense. We are concerned with the health of Coconut Grove and with the ability► to have accsss to the waterfront. We hope that you will proceed as rapidly as possible with the best arrangement for the City to get the job done as MOD as we can Thank y Ou. rt 143 JAN 18 Mayor Petrie: 1 to believe you were the last speaker, la there anybody else who has not had an oppertuh ty to weak once, All right, now we've got 4 new Speakers, Ok, well start with you and that go bask this way and then, A1, after everybody has had an opportunity to speak we'll §o to the esconi round, Mrs, Marilyn heed: My name is Marilyn aced, for the reeord I'm a property ewnaf and taxpayer of Coconut Grove, I'm hot hare to speak for the environmental part of this tonight, I think it is inappropriate, that should cone at a later time, I am still not happy with this contract, Theta is a growing trend here to turn all pubie facilities riot only in the City of Miami but there are other areas that surround the bay that are going into private hands too rapidly, You will iota aeeess to the bay whieh is most heeded by the publie, it has been establish- ed in the Metro Master plan and various other plans,,,, go on and bh with these plans where they're searehing out federal funds to restore the bay and plan for the bay ar,d one of the major thrusts is pubiie access, We don't have enough here and it eame clearly home to no the other Might when i was over at the Government Canter in Coconut Grove to the Community bevelopmeht Meeting which was attendee by the black community and some of the complaints there were just this. There was one man that said he had been run off from 'down here when he came door:, to fish and that was right over here next door where you have a lease with a private operation. if this is going to continue you are cutting off your black people who have historically had access to this bay. There is no place for their, to cote drop a line hardly at all now, there is no place for them to go out oh a pier and fish: 1 think these things must be considered and I just simply cannot accept this trend of turning public facilities over to private interests. I think the alternative would be the public trust. San Francisco found a wale to manage their bay, it wouldn't work here but they darned sure found a way and it wasn't to give it over to private interests by contract. They have a Commission, they have le- islation, it seems to be working fine, That's a tri-county situation. We don't have that here. I think what the City needs to start doing is coordinating with the other plans that are going on right now and are being federally funded and I mean specifically the Bay Restoration Plan. Mayor Ferre: What? Mrs. Reed: Bay Restoration Plan. Dade County has just contracted with the DES, there is.funding coming in, they're planning and implementing it right now and I'm already seeing conflicts with what they plan for the entire bay under the auspices of the DER and federal funding which is coming from several big programs and what you all are planning on doing down here. I think you need to coordinate these things and it's not being done and I think it needs ,to be done on a public interest basis and not through private contract: I have one other thing to say, that when we did sit on that committee, and this will come up later but we do have a problem because it has now appeared in the contract is the extension of this boundary line, we were told at the environmental meetings that this would not be included out here and now it is in there so at a later date we will have to address that but I do have a problem with it and I hope you will reconsider and not Ok this contract. Thank you very much. Mrs. Gordon: Mr. Mayor, I'd like to ask you to ask if anyone has come in for a zoning matter because we have postponed all zoning matters and there may be peo- ple here thinking we're on zoning.' Mayor Ferre: Is there anybody here under the illusion that we are going tonight to talk about zoning, any zoning matter that was scheduled? Nobody here waiting for a zoning matter? Okay, go ahead. Mr. Russell, would you, use the other micro- phone? Mr, Ray Russell: My name is Ray Russell, I work for Dade County as a lowly paid civil servant and I can't currently afford your dock rates so nu anchored out in the bay. UNIDENTIFIED SPEAKER: We can't hear him. Mr. Russell; My name is Ray , I work tor Dade County as a lowly paid civil servant and I currently can't Rafford your dock rates, let alone can't get in but we are anchored out in the bay at present. What is going to happen in the anchor- age, where are these moorings going to be and is there going to be any anchorage? Mayor Terre; All right, would you answer that, Mr. Fos oen? Mr. Fosmoen.; One of the reasons that we have extended the area for management by piscayne cut beyond this central mole is so that aQmevne world, in fact. be controlling and managing what happens in the free area, Thee are no fees charged in that arcs but it is City bay bottom .land and it is expected that that will be Ft 144 ,JA�N 18 One at the aria§ where We may place moorings, ebviaugiy there arieu ties with moorings there because it is in open water but at the aam►e tithe there it vit. tually no eentrol over what it happening in that area now. Mayor Perrot Any further questions Mr. Austell: i still haven't heard exactly where they're going tb be, i haven't Beth any map or any plan. Mr. postnoen: What's correct, there art he) atapt except the drawings that are here) preliminary plans tot moorings. One et the areas is outside the central ►hole, another area is adiacent tb the south mole but those plant simply aren't ready yet and that it ohe Of the reasons tiseayne is putting up $100,000. Mr. Russell: My only other comment_ oh this is that the City ;Cot fission is being asked to buy a pig iti a poik in approving a contract without seeing any glade, Mayor Ferret The next speaker will be Do we have any further speakers: Mr, .noel Gaffer: My name is 'Mel Jaffer, I live at 3268 Mary Street and like the Mayor says we've heard lots about the business and even the environmental aspects of the area that I've heard a couple of people express mention for the actual bayshore and if we took at the bayshore of Miami it is pretty well preserv- ed except for the hospital and the Imaculata High School and then when you get down to Dinner Key it's a floating parking lot - that's all it is, And this floating parking lot is killing the bayshore if it is doing anything and it would be my opinion that if you all are really concerned about the bayshore of Miami just tear down Dinner Key all together and leave the bayfront the way it was when fr we got here. Mayor Ferret Now there's an alternate. Mr. Plummer: That's alternate Number 6. Mayor Ferre: Do we have any other people who have not had the opportunity to express an opinion, who wants to say something before I recognize Mr., yes, sir. Mr. Morton Engel. My name is Morton Engel, I'm a transient at Dinner Key right now, I've been a transient there for 15 years, we come in sometime before the Southern Ocean Racing Circuit and stay through the Circuit and I like Dinner Key very much. I spent 271 years running marinas both city and public. I took the trouble to write twelve pages of comments on the contract that I was shown a month ago and on recommendations to the City. I must say that I think it is very unfair of the. City Commissioners, the City Manager and everybody else concerned that I come into a meeting here and find that the contract has been changed with- out being given the opportunity to either revise my comments or add to them. Now I have no axe to grind whether it is the trust which I heard about today for the first time or Biscayne Recreation,but as a man who has run city marinas, is a consultant to the City of Cleveland/and presently a consultant to one of the. Arab countries, I've been a consultant to a major sports company that owns a marina and operated and ran five others)I must say that this contract is one I would have loved to have gotten before I retired. Mayor Ferre: I think it would be very helpful, whatever happens here, for you to submit your comments, all twelve pages. Mr. Plummer: We have them. Mayor Ferre: Oh, we have them here, I see. Excuse me, If you have any other additions or changes or corrections we would like to have them for the record. Now, are there any other speakers? Mr. Robert Usherson; My name is Robert Usherson, I presently :live at 3034 Oak Avenue, I've lived in this City for 20 years, 1 grew up right up the block here and I feel I must be redundant because there's one port that's been mentioned but l don't know if you all have a really adequate appreciation of it although it has been mentioned innumerable times here tonight and that is that everything here is strictly profit -oriented and nothing more and l personally am a trailer boater and what has happened to the trailer facilities has ready been, they've been degraded at the expense of other pro€itrmaking facilities in, the area, one of which is the auditorium over here, The parking facilities are now gone and I also use the amine gtadium facility which by the way I think is fine, l think it is well served by the City employees, the rates are excellent ae far as the hoist seance, The County hoist eervioe costs just slightly more but occasionally art 145 JAN 18 unfortunately have to Use private hoist servvieset around taut which are triple the eost of using a City or County owned Wet aerviee and this is the kind of thing 3 art us getting into here at the tamer Rey paeility here, l can see the parking faeilities far the ramp spaces being further lost at the expense of other prafit•meking facilities, l see any 'gamins that are going to be put in are gas, ing to be oriented toward profit and net oriented toward providing a good servie6 to the publie and 1 think there are other intangible types of things that govern= meat really does have a responsibility to provide that aren't going to provide the level of theme that let's say other kinds of eoncessions or services would, l think this is extremely important to the public and l hope you do fully appreeL iota this and reconsider turning this over to the private seetbr. Thank you,. Mayor Ferrer Are there any other members of the public who have hot spoken who with to be heard' Yes, sir. Mr. bill Weiss: My name is Hill Weiss, I was a tenant et binner Key twehty years ago, 2'm a tenant at M at-narina now and t,ihk the City has had a very euceessful tsarina operation in both places with a good reputation all yip and down the east coast. Now you have said that there were five alternatives, you've added a sixth, I would like to acid a seventh and that is do nothing. At Lucille bail puts it, don't fool around with success. Mayor Ferret Are there any other members of the public who would like to address the Commission at this time that have not been heard before? All right, now, Mr. Sakolsky, this is your opportunity to have your second crack. Mr. Sakolsky: Oh :lot second crack, I left something out. Mayor Ferret Okay. Mr. Sakolsky: I was busy addressing the public.... Mayor Ferre: I noticed that. Mr. Sakolsky: I was addressing the public because last night on the 30th ballot Maurice Ferre said if they didn't elect Mr. Lacasa he was going to put my name up and you got a unanimous vote. Mayor Ferret I don't know why I didn't think of that on the 20th vote. Mr.. Sakolsky: but I would like to address the Commission, I would really like to address the Commission and send them outside but what I'd'like to say here is simply'the last time we had a meeting in this Commission Hall, Beverend Gibson who is'not very vocal tonight was extremely vocal then and he said - I will give these people four years and' everybody said we'll give them four years and these` people cane up here and said they would not use anything but their own funds. Now they've'got ten years,'41 million dollars of public funds, I'd,like to ask the Commission how did all this come about? I just want to ask a question for my own clarification. I mean I didn't come here to question this contract because I don't believe in a contract and first of all'I don't think the City should enter into a contract for public land. I don't want to question it, I see a lot of peo- ple standing up here saying this is right or this is wrong and I'm sure that any contract that the City draws certain citizens will' not like it. But I just want to know one thing - how did we get to'413 million dollars of public money and how did we go to ten years? Please tell me. Mayor Ferre: again. Maybe I. Sakolsky; looks like. I think Mr. Fosmoen answered that once, I'll ask you to answer it Mr. Sakolsky was talking to his attorney/Dan Paul,and wasn't listen - No, I wasn't talking to anybody I've been talking to myself it Mr. Fosmoen; The issue of the revenue bonds was at the direction of this Commis- sion upon recommendation of the City Manager. Mr. Sakolsky; Out that was brought up et this Commission sleeting when this Com- m.t5Sion Said, "We'll try it for four years", these people came up and said, "We do not want anyone glee's money, we are putting our money into this City" and I come back tonight, we're giving them 41/4 million dollars • say tax money, every- body else's here.. Wye giving them 4k million dollars of ter money from the people of the City of Miami? I want to know how and why, that's all, Mayor Terre; Mr. Sakolsky, let me respond to one of your questions, Revenue bond aseuee I think,as you wall knows a►re not paid by the Mayers money, they are paid by the revenues of the issue, Of the revenues pradueed from the marina That's not tb say that your other questions and paints may or may not be valid, I'm just saying that revenue band issues are paid from the revenues. Mr. 5akoisky: Well, if I understand a revehtlb bond issue, if you have a hundred dollar cheek that you took home for a paycheck and you say, "l pledge $2t of that because you're going to get that...." Mayor Parte: The City's not pledging anything. Mr, gakolsky; Ch yes they are. Mayor ?erre: What's Mr. takosky: The City is pledging to pay back from the revenue of that marina Ali million dollars . they're putting the good will of the eitiZen0 into it and they're raising Al million dollars in revenue bons by pledging the money coming in to the City that could be pledged for anything else that the City needs. Now tell me, is that coming out of our paycheck; Maurice, or hot? Mayor Ferre: Again, it is not a full faith and credit bond it is a revenue bond issue. Now, who else wants to make a second round statement before we get on to. to IbFNTIFIHD SPEAKER: May I make a comment? Mayor Ferre:If you will come up to the microphone, identify yourself and make your comment, then I'm going to, I think, close the public section of this and get involved in some discussion at the Commission level and see where we go from here. Mr. Herbert Quartin: My name is Herbert Quartin, I live at Inaugua Avenue. I've lived in the Grove for 27 years. I really didn't intend to speak here tonight but aesthetically I love the Grove and I'm a boatman but how many departments, how many areas does the City of Miami have that make money? Does the Police De- partment make money? Does the Fire Department make money? Is there any depart- ment that you have in this City that produces viable revenue for the City? This happens to be a revenue producer. Now the fact that the revenue is scooped away from here and used in other areas I can understand but this does help fill the public coffer in a painless non -taxing way. For twenty-seven years I've paid taxes up on the hill. Okay, I like, to live in the Grove, I pay my taxes but here is a money maker, why do we have to share that with a private business? Why can't the City expand it? Why can't the City operate it and make more money for the City instead of for somebody else? Mayor Ferre: Are there any further statements to be made? Yes, sir. Mr. Frank Albritton: My name is Frank Albritton, I'm with Castle Harbor Sailboat Rentals. In looking over this, I've seen preliminary drawings to this affect and on this drawing I have here it says preliminary, as I' understand how it is going to run with the increase in additional amount of slips but also 200 moorings and what I want to ask is on the 200 moorings how does that figure in the percent- age of figures that will be split between the City and the proposed developer? Mr. Fosmoen: The return to the developer would be 10% of the mooring revenues, I'm sorry, let me restate that. The management company would receive 10% of the fees from moorings, Mr. Albritton: Well, what I'm trying to figure out is where these 200 moorings, now this is another revised one that I've looked at of what the boundaries are but unless they have some drawings about where they're going to put the moorings I don't see where they could get 200 moorings in here, I really don't. If we had a nautical map outlining this area and corresponding with the water depth a lot of that is taken up by water that is too shallow and I just don't under- stand, I'm trying to understand where they're going to put all the moorings, They say, well it could be worked out later but unless you dredge you can't change this later, that's a fixed denominator, the bay bottom, the depth and as I understand it there is no plans for any extensive dredging or there would be problems in the permitting process so I would like to ask exactly where they're going to put 200 moorings which ties into the figure of what the City is going to receive because I know the bay bottom very intimately, I know exactly, I have problems with it every day and I just don't see where they're going to put the so I was wondering how they arrived at and where they're going to put 200 moorings, rt 147 JN18 Mfs MUM Mri Mayor, again, the drawings that Nrz klbritteh hat are prelim* fiery, the ,company in their original preposal ter the City thdieated they erpeet to be able to plan 100 moorings. The permitting difficulties are going to b their problem and any plant that the eampany develops far eIM'Lhgt and ter deek man. lien mill be °rubeet to this Cemmitsien's approvals itr. Plummer: Well, Oink, though i thine the point that hest trying to make) if 1 understand It, and 1 think you were away from hit mitt, and that it that the City's projection as well as the rianageMent lease proSeetion it bated upon in these figures which were given tb us this evening as part of the to ai. So what he ie saying►.if you can only put 100 mooring§ instead of 206 moorings, that, ih fact, your figurer are going to change a,hd as such then the projections ars hot correct. 2 thick he rakes a point, Mr. POSMOeh: Re is eorreet and in that case the bond issue will be lower, the Moss revenue will be lower, the fee of the management oo ,pant' for moorings, 10t, will be i5bnexibtent. Mr. Albritton: Because I've had the unfortunate experience from the start of this whole procedure to look as an observer on the sideline with idea grandiose that not trying to be an active and negative spirit as far as development of the marinas and to intrease the attraction that we have in the City of Miami but I think at some point in time wetve got to call a halt to going to Pluto or going to the Moon and I think there is only so much that you can do with the area and l think that if it is not carefully analyzed before we make a decision Oh a type of Contract that we are going to end up, I`m afraid, with a lot of the problems that we have committed in the past and I would not like to see the same old re- hash of the errors. Thank you. Mayor Ferret All right, are there any other members of the public that wish to, Mr. Roth. Mr. Fred Roth: Mr. Mayor and Commissioners, one of my committee members has re- minded me that I overlooked to bring to your attention, to the attention of the Commission and the public tonight that at the first meeting that Mr. Fosmoen attended the question was asked, "Mr. Postmen, why do we have the ten-year con- tract instead of the four-year contract?" and his answer was again on the record, "Sy negotiations." Questions If you could not negotiate a four-year contract as requested or directed by the City Commission why did you not come back, why did not the City Manager come back to the Commission and say gentlemen, lady, we cannot get a four-year contract?", To that we always get the answer of the bond issue, the bond issue, the bond issue. The plain and simple matter of fact is that an employee of mine, given the parameters with which' to negotiate a contract, if you have allowed him to negotiate up to four -years, if he could not get a four- year contract he is bound by duty to come back to me, in this case back to the Commission and this is why we say, gentlemen, they have not carried out your direc- tive. Mayor Ferre: Thank you. Are there any other members of the public that wish to address the Commission? Seeing none, I guess the public portion is now.... You want to make your closing statement? Please. rt 148 JAN 18 Mr1 Ike taooniat Mt Mayor, Cott iasionere, I'd like to start off my discussion and presentation this evening by welce Ling the new Commisbiener, Carnitsioner Lamm and I'd like to with you good luak and I'd like to Mitten something that a great American gave in a similar diseueeion of leaders in a presentation to a new MAjor nilitary leader. tie eeMMant wee trade that great leaders beeame great and they beeame leaders precisely because they theriaelvea have eetienced the identity struggle of their people both it a neat personal and a moat representai tive way and with that I wish you good luck and hope you become a very very excell- ent member of the Ce r►issien and in your language, hopefully, Buena Suerte. Mr. Lacasat dank you very much, I really appreciate your cottatents. Mr Iaconist My Next comment ie to provide an award for outstanding aehievetnent to the City Manager's office for''guidanee above and beyond the Ball of duty, i. award the Edward A, ta1terman Award to the City Administration for their perform- ance this evening in terms of this contract and I think that they deserve a hand for that, don't you? 1 have no desire to be the innocent among the sinners and for rather Gibson I'd like to make the comment, and you know this better than I. sir, that he who is without a sin let him cast the first stone. However, we also have a cliche that says people in glass houses shouldn't throw stones and the City administration lives in a very large. glass house and thirdly with tongue in cheek ' IsBiscayne to comment that I believe that the city administration as well as perhaps I'd Development p probably feel that I'm a pain in the glass. So with that in mind in terms of stones in glass houses I'd like to bring to the Commission's attention some factors in terms of your being misled by the City administration. Mr. Plummer: How come you picked on everybody's profession uphere but thine. Mr. Iaconis: I don't want to touch that one with a ten foot pole or a five foot three. And, of course, to Mrs. Gordon and the beautiful flowers and arrangements, we'll let that go as well. We're talking apples and oranges and I think that's very very important. We started out with a request for proposals that have almost nothing to do with what we are talking about tonight except the fact that we're discussing Dinner Key. Yet, as a result of the prolonged process where Biscayne Recreation came to the top of the water so to speak what they started with and how they were picked is not what we're talking about tonight. I think you should be aware of that. Mr. Grassie indicated in other items, and I don't wish to belabor this in terms of a law report withheld in terms of Miamarina, in terms of Monty Trainer's rental but i would like to bring to your, attention an area of possible misguidance, either that or ignorance or incompetence and that is when you take a person's rental and you say instead of 'owing me a certain amount of money, let's say a thousand dollars today and a thousand dollars next month since it is the same money I'll let you pay me that same two thousand dollars a year from now or two years from now and that's exactly what happened and the City administration in indicat- ing to you said, and I remember the quote in the paper - "After all, it's the same money we're just going to have them pay it off later on". Now unfortunately when you consider the present value of money, and I'm sure I don't have to make you more aware of that that isn't true it's not the same money and you've been mis- led by the City administration. A City administration official had indicated to personnel when I asked to see books, materials, files of the City the City personnel indicated directly to that that high official told them, "Don't lethim see the files if he looks at the files don't answer any questions and don't let him have anything and don't give him any information whatsoever." That is not what was dis- cussed here in the City Commission when we were asked to get that information. The City kept saying that they were losing money about two years ago, you remember that. One of the biggest problems we had was attempting to, convince the City with- out the appropriate books and records because they were kept very very poorly as you know that the marinas were losing coney. Dinner Key was losing money` and, therefore, the rates had to be increased. After we had the public scrutiny of those records and indicated to you that the City was making money and after the first year of operation under the ordinance low and behold we made $100,000 that first year f;c.m nothing, essentially nothing, the second year $185,000. In discussing matters with Mr. Grassie in terms of the poisoning, the term that s used directly with Mr, Grassie, the p0isoning of the public's mind when they came to the City for information concerning the trust Mr. Grassie indicated to me that he didn't like the tone of what 1 was saying but he did nothing about it, The proposal re- view group that was put together was loaded with two gentlemen from the Marine Council who were very very positive about one particular proposer and as you re- member in a previous discussion the poor marina tenants' representative was sup- posed to be berried. That didn't happen. There was information that was provided to me in terms of the city Administration attempting to load that group. The Spencer Meredith memo which you all received a copy of and l have right here was presented to you by the City administration yet one of the pages indicates that rt 149 JaN 18 411 this Summary et the Mien& Marina Watertroht Trutt was prepared by the City butt following meeting§ with Wart. lafthia And bison who patented their eoneepts, !his M*1 not presented, this vat net preparad by the City administratien it wit plowed by Spann Meredith. Vou were gilled by the City administration and thit is what you were handod and 1 have a ebpy of that partieular me tits. Cordon: Mrs Potmaen. will you &newer th&t, tist that bne pant, Mayer Perm I think that the thing te do here is for Mt. taeenit tb finish his eteteMent and then 2 think, kr1 rotmoens we're going to ask you tb re. spend to the statements that have been nAde, Mr. /aeonist May 1 eentinue, Mts. Cordon, with due respeet /'11 continue if that's all right with you all. The hOtien that you had eoneerning the Ouly 29th results here at the ehmbers was totally disregarded by the City adminiStration. Now that's an unfair atatement, right? Well, you've already heard about the four years becom- ing ten years, let et not belabor that, you know faetually what that was, However. it also stated that there was to be a publie hearing in beeember and your batember meeting believe was beeember Ith or 14th . there was no publie hearing, We brought that to your attention. When we discussed that with the City adminittra- tion theyfeigned total ignorance, They were not aware that it was in the motion and if you recall it was X who brought it to the City Commission's attention ot the floor of the chambers - hO One remembered it. (2) LI the motion, Mayor Ferre, you created a User's Group with Ike Iaconis and Tot Dixon representing a relatively small user's group with the intent of assisting the administration. Mx. Grasse in his inimitable wisdom created two users groups, Tom Dixon, Ike Iaconis out in limbt, a Second users group made up of the marina representatives then proceede to do their work. The group that was the Tom Dixon..lke Iaconis group was headed by Mr. Jennings. Mr. Jennings was not a part of the deliberations or any of the proceedings. The second users group headed or representing the City for the Second users group, the MarinaOperations Review Group was not any part of the delibera- tions and continued to indicate that he did not understand what was going on, he wasn't a party to the negotiations. Unfortunately I am also a representative hav- ing been voted by the marina tenants as the bulkhead representative. I brought this to Mr. Fosmoen's attention. Do you know what his comment was? "How the heck did you swing that?" And I said that / had been doing it for the last two years. Unfortunately then they had no choice but to put me on the second users group because / was an official representative. That's subterfuge, you're being deluded. Your motion was disregarded. Mr. Fosmoen said at the December meeting when J. L. Plummer said, "What do you have to say about this contract that you're presenting to us?" Mr. Fosmoen said, "We've done our best" - hog wash! Okay? I don't think we have to discuss that anymore you've heard it tonightyourselves. The guarantee that Mr. Fosmoen indicated to you, he said, "I don't know what everybody is talk- ing about, there is still a guarantee. We're going to take that extra 50%, the bond holders will demand 150%, we pay 100%, we take the 50%." Do you know who pays that? Do you know who is going to pay that now? That guarantee will no longer be paid by the contractor that guarantee is now the owner's responsibility on demand of the marina tenants so now instead of getting a minimum guarantee from the contract it'sulet's rip off the tenants, let's get another amount and look Commissioners, look how terrific I am, look what I've done. We've now milked th% tenants for more money and the contractor goes scot free. Isn't that wonderful? Fantastic negotiating capability. Mr. Fosmoen and Mr. Walker attended a December meeting of the Marina operation Review Committee. At that meeting one of their more members unfortunately had the audacity to ask them how far along they were in the construction of the contract, how much longer would it be before we would be able to see that contract. Mk. Fosmoen and Mt. Walker indicated that it was a long long time. That question was reiterated to mr. walker and Mir. Walker said"it's so far from becoming a negotiated contract that I don't even want to talk about ituyet Mr. Fosmoen tonight said to Mrs. Rose Gordon that they knew that it was a ten Year contract from early September early in the negotiations yet they did not tell that to the marine Users Group - Fantastic, absolutely fan- tastic! Is there a misleading Prooesita You bet your life there is, Why didn't they tell us? We received the contract about two days, three days before the December meeting. The changes that have been taking place on that contract have continued through the beginning of this week. Mr. Fosmoen in it phone call that made to him said Z would be able to get 4 OOpy at the City Clerk's Office nonsense! The City Clerk didn't know what my representative was talking about, We waited until Tuesday to get that information, Mt, rosmoen tot(' me that there were very very few changes mode except the changes by the bond counsel, you have heard tonight in anguished tones that people ere saying, "Weit a minute, how did that get into the contrect?" *Now did this get into the contrect?" all of lud. den the sailboats are no longer in the connexions all of s sudden the St is not the es me thing it was before many changes gads within the last two to three days, wee anyone informed? Nos sir, no salami Zs that subterfuge? I believe rt 150 JAN 18 it is Are you being deluded, 1 believe you are, to that faitt 1 don't believe it is fair. tee last itetnt 'you've 111 read it the new apere about our distiht, guiehed financial eonsultant who provided a report meaning the viability of the trust. Those geritlemeh are here tonight. A report that was presehted to you indieated fortunately that the best possible deal for the City was the public waterfront trust that provided the highest return to the City no scatter what nun►* bars we used. Then the memoranda, the memorandum report proceeded to be very very sour on hew the trust could come &bout and put natty many stumbling blocks. That report also indicated that one particular proposer cooked much better than the rest. `ghat you are now aware of is that there were two reports = there was a re- port of 6eptember filth which just mentioned to you which is in your files and there is a second report of 5eptenber 6th sighed by Mr. Crondo, there is no pre- liminary stamp, there is no draft stamp, there is noufor internal use oniy'stemp, it is a letter report to Mr. Crassie and it lauds the trust, it indicates that the CityCoMmission should continue negotiations with the trust and there is no mention that one particular proposer should be touch touch preferred over the others. 1 believe that that's a very very serious concern, 1 believe that you've been misled, tt may have been in good faith, it may have been that the city administration say= ing, "Well, since we know that they want this one particular proposer let's just channel the efforts, let's just make it .easier for the Commission to make their decision." There's only one problem - you can't do that. You don't pressure your financial consultant, the financial consultant, the person who is going to sell your bonds, the person who is going to get $67,000 by selling your bonds. Are you going to pressure him into changing his report/ How objective is that going to be if you're going to give $67,0007 That I think should be challenged and I request that the City Commission look into that very very carefully. 14r. Mayor, this last comment is decidedly you, ou, I would like to quote an American. And he said,"I know no safe depository of the ultimate power of the society but the people themselves and if we think them not enlightened to exercise their control with wholesome discretion the remedy is not to take it from them but to inform their discretion." Mr. Mayor, your favorite American and mine, Thomas Jefferson. And with that in mind I would like to indicate the following: Let's help the people. in their discretion, this is their land. The state gave you this land not to give it away in a contract but the state indicated in its deed to you that if you want to do something with it other than use it for public purposes they're not going to like it. Why did the state give the City of Miami the property? Because hopefully in perpetuity the residents of the City and the County can have the beau- tiful waterfront. You know as well, as I do a four year contract, a ten year con- tract will become thirty year lease and we'll have condominiums, we'll have a hotel on these premises, we'll have all those shops and it will happen sooner than we think Just as it has happened before where leases somehow come about. We fear that, we fear that drastically and it makes one of the most significant problems that we wish to bring to your attention. I, therefore, make the following request: I would like you to create an interim governing board or have the option of a board, a group representing a trust to discuss the model for the Miami Waterfront Trust. We understand that there is a concern of the Commissioners in the midst of the personnel who would serve on that trust. Perhaps a list of candidates presented by both the City administration and the Miami Waterfront Committee or those pres- ented to you by whomever you would desire "A Blue Ribbon Panel". As I understand that worked out very well for Mr. Lacasa and I think it can work out very very well for the Waterfront Trust. Would you agree with me, Mr. Lacasa? Mr. Lacasa: It worked for me, that much I would agree to. Mr. Iaconis: Therefore, we have proven that citizens can help the City. Citizens helped the City this morning if you'll remember that the Dockmaster's area is go- ing to be revised, we had an architect at no cost to the City help draw up the initial rendering and it will now go to the. Public Works Department. We are going to come back to you next month with a moorings plan that can be handled with money that's presently available in the Marinas Fund that will have additional revenue, will take care of the waiting list and assist, the City. This can be done before any contract is let and can be done through a users group or interim governing board. We request that any mix that you desire that you feel would not have a vested interest, that would not have an axe to grind be appointed to assist you in the deliberations of how to handle the marina. We ask that you allow us to refine the document which was originally presented to you in June, Allow us to work with the City administration to give you a document that will work for the City, will work for the tenants and we would be delighted to assist the adminis- tration and the COCommission in any way that we can, if you wish, and as you re- member earlier talking to the former ssoner, the trust approach will not ask for public land - the title will stay with, the City, War two, you can re- voke the Charter for the trust, your option. l request that we make this a short term option, let us have monthly reports to you, if we don't muster up within 30 days or 60 or whatever perio4 you set if we don't fellow exactly what We have said cut um off= Ihe City loses nothing. The City is already making it 151 JaN 18 $1 S,b00 a year. The only thing that eat happen is we ea► do it better, We can't do it worse. And if Ybu don't like what we're doing you sari shays.,.. tiNTERAUPT€b -IV APPLAUSE) What we ask you to do is to create Chit group to ass et the City, ae the former eOMMilaiOher had mentioned, so 'that wecan take the burdeh of wondering what to da al ►ut the Marina from you at least temporarily and come back and give you an overall plan. That't eur request, We would be delighted to sit down and diseuss that at any time with the City ade►inistration, we desire that it be 'short tern so that our report eard will have straight A'st would like to say that this time let's do it right, thank you very rrueh. Mayer Perrot Mrs ► Corder.. Mrs, Gordon: Mr. theonis ended oh a very calm note but some of the things that he said before he came to that part of his presentation is icier=edible. If those are facts, Mr. Fosmoen, they require a very eonciusive answer, would you please answer them M6 Fosmoen: I fully ihtehd to answer them, Commissioner. I have one question before i begin to answer those, however. Mrs. Gordon: pardon fie? Mr. Fosmoen: I have a question for Mr. Iaconis before I attempt to respond any I'm hot sure that l can respond to every point he made because I am not sure that I can remember them all. The first queetioh is I'd like to know at what meeting of the Users Committee I told them that we were months apart in our agreenert with Biscayne Recreation, Mr. Iaconis: We met on the second week of December at which time Mr, Paul Walker and Mr. Fosmoen attended. Mr. Fosmoen may recall that he was concerned that 1 was interrogating him too forcefully, and if you remember that, Mr. Fosmoen, it was at that meeting that it was discussed. Mr. Fosmoen: Mr. Iaconis, at that meeting you were presented with a draft of the contract that eventually led to the contract that was before the Commission on the 28th of December. Mr. Iaconis: No, there was no meeting on the 28th of December, Mr. Fosmoen.. I'm sorry I have to bring that to your attention, there was only one meeting. Mr. Fosmoen: The last meeting.... Mr. Iaconis: There was only one meeting in December and it was two days later. Mr. Fosmoen: Mr. Iaconis. Mr. Iaconis: Yes, Mr. Fosmoen. Mr. Fosmoen: I'm telling you that'you were presented at that meeting.with a draft of the contract that was going to the City Commission. 'Now I don't know why I would tell you.... Mr. Iaconis: Have you finished your question, Mr. Fosmoen? Mr. Fosmoen: Mr. Mayor, may I be permitted.... Mr. Iaconis: I believe he is circumventing the question and the answer Mr. Mayor.. Nayor Ferro: I think it is very important, the more difficult things become the more emotional we get the calmer we try to approach matters. These are very very, this is a very emotional moment for a lot of people. I know how much this means to you, I know how much time and effort you have spent, Now S think it behooves all of us to see if we can come to a logical and reasonable conclusion. If we let everybody have the opportunity to answer, and I will recognize you again and again and again until you're satisfied but let's let ?oamoen now have the oppor- tunitysay . . .. ' yougain. tunic to whatever he has to say and then I'll recognize a Mr. Iaconis: $r, Mayor, one question. May I ask Mr. frosmen to answer the toes. tion as to whether he made those comments at all, at any tie to the marina Users' Group and let's get rid of all the moi4e, please, sir, Mayor Terre; Now, let M R Fosmoen have the full opportunity to SASVIVT any way he wants and I'll rcoognlae you again it you're not satisfied. rt 152 JAN 18 Hr1 raiment Mr. Mayor, at the meeting that I attended of the tilers' Croup i do not recall telling them that we were months apart. We wars talking but a cons tract at that meeting, it was coming to this e8Ta ssion attheir next meeting. That's paint one. point two • if sailboats were included as one of the conces- sions in the agreement that was presented to the users Committee it was discussed with them, it was removed prior to presentation to this CoMnission ih beeember. It was not the intention nor had it been the intuition to include sailboats as one of those eoneeesieha that biseayne Recreation could operate. Mt. laconist Not true. Mt• posmoe it point three - 1's► sorry, I didn't hear you, Mr. Iaconie. Mayor Ferret No, let's not get into that, just answer.... Mr. iaconist Let me turn off the microphone, your honor, for try private eon eht► Mr► Posmoeht Mr. rtaconis's private cotninent for the record was that's hot true. Mr. Iaeonist 1 slipped, your honor. Mr. Fosmoent As to the question of the memorandum of September llth, it is not unusual and we do it all the time with all of the City's consultants, we sit down with them as they are preparing their work, if we don't think that their work is adequate we ask them to go into more detail, that is not an unusual eircumstarioe. 1 believe that Mr. Condon who is present tonight can also comment on that. As to a memorandum that we presented to you with comments on the Marina Trust, I have not seen the memorandum, if I get a copy of it I will be happy to research my files and come back to you with an answer. Now if there are other points the Coif i sion wishes me to answer I'll attempt to. Mayor Ferre: Mrs. Gordon. Mrs. Gordon: The consultant report that came out on the 6th which you say you then went back into consultation with the consultant, did we receive that copy as the copy of the llth? Mr. Fosmoen: No, you did not and as far as I'm concerned we sat down with Mr. Condon and members of his staff as they were drawing up an analysis, a request that this Commission made. We reviewed material that they had with them, we did not keep the material, we commented on it, we asked them to go back and do a more in-depth analysis. Any material that was presented to us I considered as a draft at that point. Mrs. Gordon: Okay. I personally would like to see a copy of the 6th and the llth reports for my own comparison so I may become personally involved in whether I think it was or was not, you kno, tailored. And I'll be objective because I'm accustomed to reading contracts and I would like to have that. Mayor Ferre: Yes, I think we should all have that. I asked Mr. Iaconis to submit that to me and outline the differences between one and the other. Ike, would you do that? Mr. Iaconis: I outlined it very very briefly, in the haste this afternoon what I did was try to brackett them out. Can I respond to Mr. Fosmoen's comments, please? Mayor Ferre: Wait a minute, before you do that, Ok, they're bracketted in red ink. Mr. Iaconis: Some items are left out. Now if you would like I will be more speci- fic and show you what is out and want is in and I'll take it back. Mayor Ferrel I'll tell you I think it is too important..., Mrs. Gordon; I would like personal copies of the whole thing, Mr, Iaconis: lees, ma"am. Mayor Ferre; And why don't you make sure that all wafters of the Commission get copy of it, All right, Mr. ieconis: Mr, Foen did not answer the question as to whether he said that and whether he was even at a mooting that was attended, 1 also mentioned that Paul. W44ker in a second question asked by that samo irascible member at that meet- ing end tit, Walker answered the same way, Perhaps Mr, Walker would like an stppor• :unity to rebut that, 153 JAN18 Mayor Perre! Mr. laconis: here tonight perhaps also Cain if it is Mr, Walker! I °don have ley diary with m, I attended three Usersleommittte Meetings, riot one and at one of them t was asked, "Row gloss are you to ming to ar agreement," and t said Oh that hecatys§ we had eovered three et four items and a ittt of things were yet to be bewared, t said we're weeks away. That's ail I ran remember, weeks away from an agreement, All right, Mr, pasmaeh, do you want to Bay something, tyr, Iaconis. If necessary, your honor, there are several bribers of that eotmiittee and if you care to poll them ih terms of their aye -witness report and include Mr. aenninga who was there and also the bocktaster, Hector necessary for tis to go through an interrogation of some kind, Mayor Ferret Ike, look this isn't a court of inquiry, Mr, laconis: I wish simply to establish the troth, your horror and ante and for all let's get the truth. Mayor Ferret I think the way to do that simply is I think what you ought to do is submit that statement signed by all the people who wish to sigh into the re- cord and I accept you're representing your position truthfully and I think that's perfectly agreeable unless somebody has an objection. You get the people who want to make that statement sign a piece of paper. Now 1 accept that that will be done and that's that. Now is there anything else? Mr. Iaconis: Mr. Fosmoen didn't answer the items as Mrs. Gordon had requested, if he likes I'll go back through those items one by one by one and find out if Nam.- Fosmoen would like to reply to them. I'm stare he'd be delighted to. Mayor Ferret Well, let's see what items have not been answered. Mr, Iaconis: I'd like Mr. Fosmoen to respond to the item concerning the disregard of your motion; concerning the items of the four years; the fact that they did not remember the public hearing and that there were two users' groups that were developed instead of one inorder to faction off the groups and hopefully to put us into limbo. I'd like Mr. Fosmoen to comment on that. Mayor Ferre: Mr Mr. Fosmoen: I eral times this point? . Fosmoen. believe the first part of question has already been answered sev- evening concerning the term of the contract. Your second Mr. Iaconis: As you can see, his, we're having difficulty very very small points, your honor. Mayor Ferre: Ike, it is late in the day, we've been at it like all of us even getting a few all day, Mr. Fosmoe:. Mr. Iaconis: Right, Ok, as a matter of fact I'll make it very very easy for him, one at a time, your honor. Mayor Ferre: I will repeat the questions. The question was and the point was why were the different users groups separated at different times and was there an attempt to circumvent he, Mr. Iaconis and Mr. Dixon and the other representatives of the users - I guess that's the thrust of the question. Mr. ?osnoen; There was not an attempt to circumvent Mr. Iaconis or anyone else. There were two committees appointed, one the purpose of which was to give input to the day to day operations of the marina facility to try and improve the man- agement of the marina facility, to try and improve the management of the marina. The second committee was appointed to deal with redevelopment and the management agreement. Mayor Ferro; All right, your next question, Mr. laconis; That *newer is all we have to go by? would you like,, Mayor Ferre; Well you know ioo) , l can't force anybody to do, you've asked the question and the an has answered it, Now if you're not satisfied with the answer fine and you know whet else do y want se to do? Do you want ime to have him quartered? rt Mr. laeenis: Well, as a matter of feet that was on page 4 of ny list, Mr. Mayor. 1n the interest of ny not 'displaying any further emotion, you're right this is vary highly eharged. 1 feel vary very strongly, 1 lean no disrespect to any pub' lie effieial. My eoneern is far what we've been talking about for quite a while, for a long Sting time. 1 reeognire your long hours and unfortunately in spite of the usual eaoi there has to be a certain amount of emotion because I ean't keep it in any longer, your honor. 1 Not emit keep it in any longer. Something has got to be done. Mayor Perrot All right, Mr. 'taeon's, thank you for your presentation. 1 think we're going to take a five minute break because I've gat to go to the bathroom. I've been sitting here for almost five hours. We'll come back in five minutes, Thereupon the City Commission took a brief recess and reconverted with all members of the Commission present. Mayor Ferret Again, ladies and gentlemen, I know there has been ah awful lot of heat and I think there has also been some light and I thank those of you that have been able to be patient and 1 sympathize with those of you that have not been able to be patient. We all tend to feel, a young lady from One of the radio stations just asked me what 1 thought and I didn't know how to su narize that in 45 seconds but I do feel that there is an awful lot of emotionalism and some of it with very good reason and cause and there have been an awful lot of things that have been brought out. We in. the City of Miami and Metropolitan bade County I think suffer, have a quality not of being paranoid even though sometimes I think that comes out a little bit but rather of seeing conspiracies in everything. We are conspiracy. conscious, we think that everybody is out to do somebody in or do us in. 1 want to state for the record my personal opinion that I think that Joseph Grassie, the City Manager and Dick Fosmoen the Assistant City Manager are honest men. Now they are, of course, human and if they made mistakes I think they have been mis- G takes not done on purpose or with any malice intended or with any sense of con- spiracy. I may be wrong. Those that have come to talk to me about that I have recommended that if there is any charges that are criminal in nature that the appropriate place to take that is to the State Attorney's Office and the Grand Jury. They are the ones who deal with these things in our society. Now, having said that I think I'll throw it open to members of the Commission to get their comments and see where we go from here. Mrs. Gordon. Mrs. Gordon: Mr. Mayor, Mr. Fosmoen started to respond to the statements that were made but I understand he's tired as we are tired. I would like a transcript of this evening's discussion made as quickly as the Clerks can have it ready for us so that Mr. Fosmoen, you and I and all the rest of the people who want to see it and I'd ask you, Mr. Fosmoen, to respond to it to us in writing with documented facts on each of the points that were mentioned. I don't know what else we could do about it tonight, nobody can dig into their memory exactly and not be disputed, if you get it documented there's no problem. I don't personally, and the Commis- sioners know it and others know it, I'm not in favor of the contract, of any con- tract so I mean I'm not even going to comment on the contract. I am in favor of public control of our own public property and I would hope that the Commission would feel the same way but I don't believe that's the facts because indications have been by actions that have been taken that the majority of the Commission does not feel the same way. So I guess that the majority has to speak to the issue and say how you feel or what you intend to do, have a minority report. Mayor Ferre: The Chair is open and if nobody wishes to comment then I'll make a comment and a recommendation in a moment but for now I'll open it up to members of the Commission. Mr. Plummer: Mr. Mayor, let me comment. To me one of the very critical docu- ments that I think will have a bearing on my vote is as I always say the bottom line and that's this document which I have truthfully in being handed this even- ing don't feel that I have had the time to go through this document. There is a lot of things involved here, as you say a lot of emotion, but we the Commission have to sift through the emotion, we have to as they say take the final stand or the buck stops here and I think this commission would be foolhearted to try to do that this evening, I really do. I see some areas in this contract that I personally feel and I will make these areas of concern of mine known to the administration in writing prior to the next meeting, I think some way I expressed some of them here this evening. The one thing that 1 spoke with some of the pep., pie about, and Mx. Fosmoen, I'm going to put it on the record this evening and 1 wi.l.l request you and counsel to respond, This thing as indicated this evening has come a long path and there is no resemblance of what is being presented mere is evening for a vote cared to some of the extremely grandiose proposals that originally Came before thisCommission' One of the things that 1 would be interested in knowing, Mr. Fosmoen, any times it has been referred to having a Waterfront Trust, well in semantics alone T have problem with that. I am Ft 155 JAN 1 referred te the Offe P Autherity. et uld be tetally opposedgteea setupnsueh el that. ftlhea den t knew that 'met said that there is a paesibie problem as tar as tke binding as concerned and that's ens of the &hewers that I need. But leaking at it on the ether hand I deh't think anyone sitting here this evening of the publie hr the Commission would meet us is appeint a ebI ittee and meet then to de the nuts and bete eperatieh in the Same set up of the bff'Street parking authority, they have a centraet with a nan- ageriai firm, Ramp Asseiatee, is that the name of it I believe it is ready immaterial, the MB% but they have a eempa y tb de the nuts and bolts day tb day operation and I care invisien that there eduid, ih feet, be rem for the same kind bf a set up to some lesser er here degree as that it it in relation to the water= front properties of this city. I have always stated in ey eight and a half years Oh this Ceththiesion that I think one of the greatest natural wastes thet we have the 104' acres that the only thing we have tb show for is a very successful reeteurar,t, a subsidised stadium and a processing plant of don't let to eey it, a processing plait and that's Viirgihia key. And for abme reason, maybe re. crazy and aeannie will beet re over the heed because I'm sure it would take some dredging but I've always invisioned Virginia Key as being the greatest bcating mecca, capital ih this united States. And people $bon forget that we are the larg- est city on the East Coast of the United States that don't hire lifeguards, The only lifeguard we've' got is in swimming pools, We've got oceanfront property that is hot being used or developed. I think Alice Wainwright hit it right on the head, we have the potenti here of just sbmething that is really unbelievable ar,d it's never been developed, We have a river that could be developed. We have other properties that could be developed and I do feel that there is room for an umbrella. Really what you're doing is shifting the operation or the responsibility from the administration to this umbrella. Now, if in fact, the bonding council says that there is no possible way then I can understand the problems, But Mr. Fosmoet, what I would like to know, if it is possible, whether it is worth exploring - I'm will- ing to entertain the idea. I'm also willing to entertain a management contract, those people who for a fee, nobody works in this life except Commissioners for nothing and'I want to tell you somebody has to dothe day to day work and it is going to take a company who is going to manage it as Biscayne or someone else and I think there is room for that kind of exploration, So I can't say anyththg more. I am, Mr. Mayor, in no way prepared to vote this evening. I've got to take all of this material and re -digest it, make my areas of concern known to the adminis- tration for possible renegotiation and let it come back before this Commission. And Mr. Mayor, I just want to conclude by saying 2 think this is probably about the tenth or twelfth time I have sat through one of these public hearings in relation to the marinas and all of the rest of them have been screaming matches but tonight maybe it's we've mellowed and we've gotten better with age but I would like to thank all of you for acting like ladies and gentlemen and made my life a lot eas- ier. Thank you. Mayor Ferre: Mayor Ferre: All right, we have other members of the Commission, Rose, and then I'll recognize you. Mrs. Gordon: ....to what J. L. just said because I was very happy to hear what he said. Mayor Ferre: Don't you think you'd like to let the other members of the Commission make a statement then I'll recognize you again? Mrs. Gordon: Okay Mayor Ferre: Okay, Father Gibson or Commissioner Lacasa. Mr. Lacasa: Mr, Mayor, at the beginning of this meeting I acknowledged the fact that I have very little information and that I was highly concerned about that. After having listened to Commissioner Plvmmer's statement that after, how many, J. L. , about ten or twelve meetings. Mr:, Plummer; At least. Mr, Lacasa: And you still don't feel that you have all the facts to vote on this I have to say that I coapletely share J. L.'s .feelings. Mayor Ilene; You don't feel so bad now, right? Mr, Lacasa; And I don't feel bad as .I felt at the beginning, Coe thing though that I want to . I don't want to enter into specifics - but one thing that I would like to mention here for future negotiations on this subject is the question of the concessione. Quite frankly it would be very hard for me to ;guider any type Ft 156 JAN 18 of cataract of this !tature whata land Or faeilitiea of the City of Miami are going to be used, are gaing to ba utilised by private anterprisa far eotseassion purpolat without a fair shard for the City and with that , leave you. Mayor Parra: rather Gibson. Rev. +Gibson: Mr. Mayer and members of the CCtii t{Ss6n, r have heard all that was said tonight at; if I didn't hear what wad said at other times. f shall take this material heft, read it and eotea bark at the next heating prepared to Mt. Plummer: piah or out bait. Rev. Gibson: That's right - east my vote one way or the other. Mayor Perm: All right, Mrs. Cordon. Mrs. Gordon: Gust to add to what J. t,. was saying, f would like to see someone, some group of people, perhaps the group that's been advising the City, somebody discuss a model trust, I mean nobody yet has come up with an exact picture, a diagram if you please, a way that it would be done and if you would, Mr. Mayor, consider assigning that to that group and let them come back with something more definitive than anything we have heard yet. We haven't talked about an utrbrell. Mayor Ferre: That's open for discussion and t certainly have no objections to cU scuFsing it and seeing what the will of the majority is. I guess perhaps now is the time for me to express my opinion. Somebody told me earlier this evening, it reminded me of a code that really was well used in Tallahassee and that was you know just because you're paranoid doesn't mean that they're not out to get you anyway. Mrs. Gordon: I'll remember that one. Mr. Plummer: That's like the hypochondriac's grave marker that said, "See, I told you I was sick." Mayor Ferre: I think that we in Miami at one time or another all feel like that and I think really this is the time for us to kind of withdraw and do a lot of thinking and a lot of reading and a lot of discussion. I certainly would like to do that with the Manager and with you, Dick and with Ike and Mr. Dixon and Mr. Roth and the others that have been involved. I'd like to leave with you this evening just a few thoughts. There have been some, there were some comments that implied that we on this Commission aren't sensitive to what the Community may or may not want. I'd like to remind those people that every two years we submit our names before the public and we either get elected or don't get elected. My position was well known when I ran last November, the previous November. I don't think it was any secret, the fact that I did get re-elected and the time before that and the time before that without a run-off against the opponents certainly tells me that at least some of the people in Miami thought that my position was not incon- sistent with what the Public Trust was. I'd like to point out that the decision, for example, on the auditorium for which I was strongly for and I still remain proud of, it was something that was done before the prior election and even here in Coconut Grove where I felt that perhaps I might feel the sting of that strongest I carried every single precinct, Now that doesn't mean that if it could happen again but I do believe, and you're right and that's a wonderful quote from Jeffer- son - I do feel very strongly identified with the Jeffersonian concept of govern- ment and I do feel that it works, sometimes it takes along time fox it to work but it does work. And I do think that in the long run things given their free rein work out to the best, and maybe I'm an optimist or too much of an optimist. Now, one thing that I am not for is to do nothing, that I am against. Now 1 know there are some people who would like to do nothing and I know there are some people who would like to go back to the good old days when there was more of a wilderness and when Miami was a community of a hundred or two or three hundred thousand people. Those are all very nice dreams but it is not a reality. And 1 well remember an experience that I had which maybe some of you have heard a►e express before when 1 was in the Soviet Union in Moscow when 1 npent a day talking to the city planners of Moscow and in the afternoon one fellow turned around and said, "You know the problem that we have here is keeping all these darned Ukrainians out of Moscow," And 1 said, "What do you n►ean keeping all the Ukrainians out?" He said, "Yes, they're coming in and they're giving us ail kinds of problems.," , " And 1 thought to myself if in a controlled dictatorial society like the Soviet Union they can't keep the Ukrainians out of. Moscow then how in the world can we keep people from wing into mini or people from going to Oregon or going to any part in a free pociety, And the fact is that J'U.wi is and South Florida and f'lorida are desirable 157 JAN 18 rt places Arid people will ease here, Ahd they cost here because it is thawing and freezing up there and down here Chi weather is fine and it's sunny and it's 'wars and people when they watch the duper Bawl Oahe this min weekend en dunday and three are game to be :51b00$O00 wetehing it you're going to have mere people wanting to vaeatien here and buy apartments and live here and that', Nat a fact of life. Now there are many teeny people who dbn't like that and 1 tthderatah►d and i respect that and many of them are going to the went coast of Florida er further north or somewhere else but that's a reality, Ahd the fact is we in Mimi trust live with the reality that this is a dynamie expanding growing community but that doesn't fiiean that we ihoul:dr►'t proteet Virginia Meyi that doesn't Meth that those areas that we have left we shouldn't want to keep them green or that we shouldn't protect our waterfront, ao►ewhere along the line there has to be a balanee in myopinion to that we heed to it+prove erne of our urine facilities because Ood knows we haven't dose enough. Now f don't think, and I've ehahged ty opinion a little bit in recent yearn l don't really want Florida tO become like California and f've changed any mind on that because l ueed to think that what we really needed was an extension of tong beach and we ought to have 2. 00 dock slips here but we don't need 2,000 dock slips but we do need to impro►e what we, have and that bust be done somehow someway, Now, obviously we're not Corning to a conclusion, and I'm not going to l think that the concensys here is that we're not going to come to a conclusion tonight. We Will reconvene or call for an extension of this public hearing some tune in February. Hopefully by. that time we will have thought this thing through and come to some kind of a conclusion as to what we do about improving the Dinner Key Marina area and other recommendations that may come up. Now with regards to the question of studying the trust, any of you who wish to submit any recommendations on it you're perfectly welcome to do it. Nov;, whether or not we want to do it in a structured form is something that the majority of this Commission will have to decide. Rev. Gibson: When do we take this matter up again, Mr. Mayor? Mayor Ferree Y think that we should either take it up on February 1st if that's not packing it in too much. No? Mr. Fosmoen: Mr. Mayor, you've asked for a considerable amount of information from staff and your agenda package has to go out five days before your meeting. 158 JAN 18 Mayor Perrot Furthermore, we are going caning matter that I guarantee you will n't da it February 1st, When is our fi Mre. Cardona The 22nd. to have a very, very aOntPoversi1 take three at four hours, so we should* st Regular CaMilission Meeting in February? Mr. POWWOW We are going to suggest that you set the 22nd as your meeting data in February. Mayor Ferret All right, on the 22nd. 1 vase this matter will just have to wait until the 22nd of February unless you want to call... (COMMENT MADE OPP TRE PURL10 RUM) Mayor Ferret The 8th? Are we having one meeting oh the 8th? . Foet oen: 1 think we ate suggesting one meeting in February, .Mr. Mayor. Mayor Ferre: Well, I'm going to tell you.../ for one -this is just one voice here= refuse to come to any more of these 18-hour meetings.... Mr. Fosmoen: Particularly, back-to.sback. Mayor Ferre: ...and I think we don't make the best decisions, you know, at 11:00 o'clock at night after having been here all day. And t really think that if we have to go back to two meetings a month..there is too things happening in this City for us to keep on going this way. I would recommend that we go to two meetings in February again. Mrs. Gordon: We have, the 1st and the 22nd. Mayor Ferre: The 1st is an extension of today's meeting which caused the problem and that's exactly what I want to avoid again. Mr. Plummer: Make it a full -day meeting. Mayor Ferre: you, cramming Rev. Gibson: to me. Well, I don't mind making the lst a full -day meeting but I'll tell everything into one day and one night is just hell. Well, I notice up there you have the 8th and the 22nd, explain that Mayor Ferre: That's what the Charter calls for. The Charter calls for two meetings a month, on the second and the fourth Thursday and that's what that indicates there, and what we are saying now is that we are going to cram it all into one meeting on the 22nd. The fact that we have a meeting on February lst is because we tried to cram everything into one meeting in January. Mrs. Gordon: Well, why don't we have one on the 8th, Is there anybody that's going to be out of town? Mr. Plummer: Something tells me I'm going to be out from the 6th to the 9th. Mayor Ferre: Well, I would like to recommend this, I think we will have a meeting on the 1st on zoning, by that time,.can we if the Agenda requires it, Mr. Fosmoen, call the meeting for the 15th or the 22nd? Mr. Plummer: No, then I'm definitely out of town. Mts. Gordon: I'll be out of town, Mr. Fosmoen. We will have two Commissioners out of the 15th. Mayor Ferre; Okay, you see, that's another problem, Well, were are we? Rev, Gibson; Well, Mr, Mayor, why don't we agree, now, this is January, why don't we agree that for all the months following February, we will go back to two meetings? Mayor Ferre; yes, air, 1 think that's something that we've got to do, I believe, before we go much further,,,we've got about 60 agenda items that haven't been covered end I'm going to tell you, I'm not going to be here unless you tell me you have en emergency that can't wait, 159 JAN 18 Mr. Plummer: Them ere a few there, i knew theta ere. Mayor Perm Well, we are going to be here until 130 A.M.tontght and this is exactly my point, now, let's gat on ea that ve may ftniah with our business, now, 1pt'e decide what day ve are going to meet act that the person that Are here may know. Mr. Plummer: Mr. Mayor, t would suggest to have it an the.►..when does your zoning start, is it 4:00 o'clock? Mayor Verret Why don't we have it in the morning? Mr. Plummer! On the list.. Mr. Foment Yes...but, your Agenda package goes out, 1 think, S days..and you've asked for a lot of background information and additional informatiot, it the discussions. Mayor Terre: That teats wed have to have our Agenda package by text Friday, that's almost impossible. Mr. Fosmoen: Mr. Plummer: Mr. Fosmoen: asked for. From my perspective it is, yes. Then Just put it over to the 22nd. Might 1 suggest the 22nd given the amount of information you've Mayor Ferre: All right, will we do this in the evening again?..But please, no zoning meeting that night. so that we don't back up into this thing all over again. Mr. Fosmoen: Do I understand you to say that, first, we are going to have a zoning meeting on the 1st, at 4:00 o'clock; we are going to have a full com- mission meeting on the 22nd... Mayor Ferre: That's correct. Mr. Fosmoen: ..we will probably need a zoning meeting some time in February. Mayor Ferre: Well, why don't you try to put as much as you can in that meeting of the 1st? Mr. Fosmoen: Okay. Mrs. Gordon: Yes, and then we'll carry the rest over until March. Rev. Gibson: And, that every month thereafter we will have two meetings. Mr. Plummer: And no workshops. Mayor Ferre: Okay, are we agreed now that this hearing will be continued until 6 PM...is that an acceptable time?..or 7:00 P.M., any preference? Mr. Fosmoen: The way your agendas run I would suggest 7:00 o'clock. Mayor Terre: 7:00 P.M. on the 22nd day of February, which is..isn't it Washington's Birthday or somebody's birthday?... Mr. Fosmoen: But it is not the day that it is celebrated on. it's celebrated on the 1.7th, sir, Mayor Terre; is that Washington's Birthday?..but that's not a holiday, Mr, Fostpoen; Tea, sir, Washington's Birthday is a *et celebrated on the 17th, sir,. Mrs, Gordon; Po you think that you fellows could come up with some kind of a model idea with regards to how a trust could work? K, Dimon; Mt, Foo en has already drafted it, we've got :a rough draft of the proposdd Ordinance. �, and it's 160 JAN 18 Mrs. Gordon: Mr, Poemo& Mr. /aeania: Mere is a 3*page memo that wee diaeusged between the Trim Group, 'Tom Dixon and myself, Mr. 011141e, Mr. roman and that 3-page Male model was presented to you, last year Mfg Plummer: And that was turned down. Mrs. Gordon: Go wa gat that back again, W. roman? Mr. lanais: No, nothing was turned down, Mr. Plummer. H''`. Fosmoen: Yes, it wan. Mr. Plummer: Yes, it was. Mr. Iaconis: I beg to differ with you, what happened was we hed aJuly 20th meeting and Mr. Plummer asked of the financial consultants to review the activities of the Trust, and then in September the financial consultant came back with his findings. Rev Gibson: I remember specifically.... Mayor Ferre: Wait, wait a minute Fahter, we could do it very simply. I'll put it on the record, I am against the Trust. Rev. Gibson: I voted against it. Mayor Ferre: Plummer? Mr. Plummer: That concept which you proferred, I am opposed to. Mayor Ferre: Okay, now, is that clear that there are at least three members here who, at that time, were against what was proferred. Now, that does not Mean that we cannot change our minds, cause God knows that's happened. Mr. Dixon: We will meet with you and negotiate an acceptable alternative. Mayor Ferre: Okay, now... Mrs. Gordon: Will you come up with some sample? Mr. Iaconis: Now, how do you suggest we do that? Do you have any idea of the mechanics?..Shall we meet with the Adminsstration? Can we meet with the Commission?...What would you suggest? Mrs. Gordon: Why not Maurice? Mayor Ferre: Well, why not what? Mrs. Gordon: Why not listen and meeting whoever... Mr. Plummer: Every time I turn around now you are in my office, so what's the difference? Mayor Ferre: I have no objections to meeting and discussing these things... you know, we have to run a City in the meantime, this isn't the only thing even though sometimes I begin to believe that this is the only thing that we really do around here. Mr. Iaconis: We will be delighted to work with you and work with the City Administration to come up with an acceptable document. Mayor Ferre: But with a smile and no accusations, if you've got accusations you know where you could take them. Mr. Iacon1.s: Mk. Mayor, I'tn only human, Mayor Ferre: I know, okay, Now, are there any further questions, Do we need a motion? Mrs, Gordon; I'll move it, rt Mr. Foomoen: Sure, Mr, Mayor. 161 JAN 18 Mr. Murry 'Dubin; 1 waI going to oak if you could discuss the Trust at 'a difi. ferant meeting, a meeting ahead of time of the proposed eantract with Biscayne ROE. and the tithetri by recommendation...1 dott't avert want to be here what you discuss the Trust. T don't consider it something that 1, as the proponent of a particular plantshould betel* involved in. And 1 would really like to see you address yauraelvea to the Trust, hear this malarkey from Mt. iatehia separate and apart from the time that t have to ba here and be subjected to it. 1 think It's a different issue, if you decide that you want A Trust and want to tell Biscayne Rec. and everybody else to go peddle our papers, fine. but 1 would like to suggest that it's a proper issue to be divided at different times and discuss the Trust first, Mayor Ferret Well, the point is that what's being discussed here today which is this proposed lease vas Continued, this is a public hearing to that effect, and that is continued until 7:O0 o'clock in the evening of February 22nd. Nov, with regards to discussion on the Trust, Rose; Mrs. Gordont I think it is impossible to discuss it before the 22nd, l don't think they tan tome up with anything for us to discuss before then, so therefore we have to do the reverse. Mayor Ferre: No, because what's before us is tot the Trust, it's just that there are three people here who have said that we should go on with the Trust idea unless somebody wants to change their... Mrs. Gordon: Unless we hear it in the morning on the same day, and then let's hear that in the evening of the same day, I think that would be agreeable,.. it'11 be the 22nd. Mayor Ferre See, I think that there is a question here of good faith also. The Administration has been dealing, under our instructions, and this Commission took a position and there was a four to one (4-to-1) vote instructing the Manager to sit down,negotiate and come back with a negotiated contract, the Manager has done that. Now, the matter is before us. It seems to me that that has to come to a conclusion. If the conclusion is that it is not acceptable, that we are not going.to come to that, then I think we are back to peg one. Mrs. Gordon: Maurice, I agree with you on that. The only thing that has come to light has been some accusations which may or may not affect your considera- tion of the lease... Mayor Ferre: Of the what?.. Mrs. Gordon: ..of the Management Contract. So therefore I need all this informa- tion it has to be given to us. And somebody ought to draft what would be a consideration of a Trust. We have nothing, really for consideration other than the name, right now. Mayor Ferre: Rose, I would recommend that we do this. We are going to be meeting as a Commission on other matters...nevertheless, on February lst. Now, I think that at that meeting on February lst, I think we will have almost two weeks and I think well have some thoughts or ideas after reading the transcript and getting some additional information. Then at that time we can discuss whether. or not..where we want to put this Trust discussion in, if at all. Mr. Plummer: Yes, but...Mr. Mayor?... Mrs. Gordon; I don't think we will have all that material ready and assimilated. Mayor Ferre; Then, vhat's your recommendation. Mrs, Gordon; The 22nd, in the morning. Mayor Ferre; Well, but isn't that putting the cart before the horse? Mrs. Gordon; That's what he said, put them before us., that's what he said, he doesn't care if it is the same day, he just didn't want to listen to it, two separate issues. There to nQthinBpes you know, he fs right: that they are . Plummer; Look, Mr. Dubbin is right, l said beioretwhith in my envisionipg a waterfront authority to tee they are going to have to have a management contract, okay?, they are going to have samepody to run the knots and bolts operation and l think there ie ae much difference between the two items here as there ie, between this Pine€key and Mamarinai t'e two eeperate issues, it's two separate comcepte4 tiro. rdon: night, if we theta ask them to draft something And come beck, work vtththe City, the Mayor said that woe nine, creme in an the moaning... Mr. Ab9t5oen, have then tame in in the morning of the 22nd and we'll hear the contract's final preaentgtion in the evening. There is no problem, you've gat to separate. Mayor Petra: Yee, where have you been/,..you've been polite. Mrs. Cordon: Me's been it the balcony. Mr. hob Traugott t Mr. Mayor, my han►e is Bob Traugott. I've worked a long time it this hiseayte keereation development lease. I want to say ote thing, that 1 feel that the holding of public hearings on gisesyne Recreation develop - matt lease has cote to an end. There is no longer anybody that is combatting the lease for the pure sake of combatting the lease, they are combatting it with the idea that they vent a Trust. Nov, I think it behooves this Comrmissior to decide whether they want a Trust, or whether they want a professional manage. tent contract to operate this Marina and then we can proceed from there, But the public hearings in which we ate going to be talking about the Trust forever are not going to accomplish anything, in my opinion.. Mayor Ferret 1 realize your point, and I think that there is a lot of validity to it however, we are talking in the political arena about very, very sensitive matters in which there are an awful lot of people interested in. And, as I've said before, even though I'm paranoid, you know, etc., etc. I don't...it doesn't mean they are not out to get you. I think we have to take that into consideration and I think we do ourselves, all of us, more harm by cutting of the bait than by leaving the opportunity open to people to express themselves. That does tot con- flict with what Murray Dubin has said, that those things should not be heard at the same time. And 1 think why --as he said-- why should he get involved with something which he does not care to be presented with. He is entitled to do that so I would concur and I don't...even though I think it is putting the cart before the horse, okay, let's do it in this case until we can hear the discussion of the Trust in the morning and then we can hear the Biscayne Recreation thing in the afternoon. Mrs. Gordon: To Mr. Traugott for what he said, you know, we have a lot more water- front land than just here, at Dinner Key; we've got lots of more waterfront land for this community to be concerned about. Mayor Ferre: You are going to shed some light or more heat? Mr. Al Sakolski: More heat, Mr. Mayor, more heat. Mayor Ferre: Okay, Al. Mr.. Sakolski: I,don't want to address J. L. Plummer because I've read his speech 10 times, I need more time,' I'don't want to hear that. It would be like going into a place and flipping a coin that -has tails on both sides, because when you got all field you wouldn't see the other side of the coin, now would you. I think it is very important and it behooves this Commission to hear both sides of the matter. I don't think this Commission should shy, away from its responsibility to the people because Mr. Dubbin feels, in his heart that it is.,-Murray,'let me finish, maybe you don't feel like it, -but you can say it later.,. (INAUDIBLE COMMENT OFF THE PUBLIC RECOR)) Mr, Sakolski: I have an ides of what you are saying, we think that there is ,a conflict. Well, there is, there is truly a conflict,,.aren't we here at'12:15? Mayor Ferre: All right... Mr. Sakolski: ..and I think you should hear it all at one time so we get both sides of the issue, Mayor Ferro; To that your opinion Mr. Sakolski? Thank you very much, Does say., 'gentlemen .and We'll see you otha Ind, bod else want ;O'Day anything?Okay., if not, thank you very much ladies 'And Now, the agenda items, 1 through 103 or what have you that we still have to do tonight. Please'', airs, Gordon; Maurice, do we need a motion on that action? Mayor Ferro; Make it, sake it in the form of a motion. rt 163 JAN 18 tira� Mordant move you the wa ihatruet the Advisory Co„"ittee to atrueture b model Trust and present it okay/ Mayor Petrel All right, there is a motion' is there a a end/ Mr. Plummer: What vaa the motion/ Mrs. Cordon: Yt'a just what we were diaeussing, Mayor Perm A motion that we instruct the Advisory Committee tb.►. hie Comtoiseion in the morning of February 22, Mrs. Cbrdont..structure a model of a Trust and present it on the momitg of the 22td of February and that's what we and they agreed, and we all agreed to it. Mr. Plummer: Well, if vhat your mbtioti it saying, Rose, to tome back with ideas... Mrs. Cordon: Write that. to us►►their ideas just said to these it that we want them Mr. Plummer: ...and things of that nature where this Commission cat: pick an8 choose yes, 1 second the motion. But I don't watt them to come back with a document locked in iron, and you've got to... Mrs. Gordon: Mr. Plummer: Mrs. Gordon: Mayor Ferre: Mr. Plummer: the staff. Mrs. Gordon No, they didn't do that... ...well, that's what you did to me the last time. Okay, call the roll. All right, is there a second... Very definitely, that is also input from the Commission...from Of course. Mayor Ferre: A11 right, there is a motion and a second. Is there any confusion on this?....What a silly question. Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 79-20 A MOTION DIRECTING THE MARINA OPERATIONS REVIEW ADVISORY COMMITTEE TO STRUCTURE A NEW "MODEL TRUST" TO BE PRESENTED TO THE CITY COM- MISSION FOR THEIR CONSIDERATION DURING THE MORNING SESSION OF THE MEETING TO BE HELD ON FEBRUARY 22, 1979. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando E. Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre IMES : Norte. 164 JAN 18 Mr. Plummer! Unless a member of the City Commission Wishet to tiemnove speoifit items frog, this portion of the agenda, Items Voi§titute the Consent Agenda, These resolutions are sell==explariatary acid ate not expeoted to require additional review or distusdion, Lath item will be r000rded as individually numbered resolutions, adopted Uheha, imousiy by the following Motion, ",,,,that the Consent Agenda, tot. prised Of items S ' 1 be adopted," "Before the vote Oh adopting all itemt inoluded in the Consent Agenda is taken, is there anyone present who is ah objector or proponent that wishes to speak on any item in the Consent Agehdai Hearing none, the vote on the adoption of the Consent Agenda Will now be taken," The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Gibson and passed and adopted by the following vote - AYES: NONE . Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, 3r. Mayor Maurice A. Ferre 40.1 CLAIM SETTLEMENT LORI BIVINS, AUTHORIZE DIRECTOR OF FINANCE TO PAY $8,500. RESOLUTION NO. 79-21 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCETO PAY TO LORI BIVINS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $8,500.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, AND HOSPI- TAL LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. 40.2 CLAIM SETTLEMENT - ARTHUR WILLIAMS, AUTHORIZE DIRECTOR OF FINANCE TO PAY $13,000. rt RESOLUTION NO. 79-22 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ARTHUR WILLIAMS, PARRIE WILLIAMS AND GEORGE WILLIAMS, HER HUSBAND, WITH- OUT THE ADMISSION OF LIABILITY, THE SUM OF THIRTEEN THOUSAND (513,000,00) DOLLARS IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI AND ,TORN CHARLES CHAPMAN FOR ALLEGED PERSONAL INOURIES AND PROPERTY DAMAGE SUSTAINED BY THEM, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND main CHARLES CHAPMAN FROM ALL CLAIMS AND DEMANDS WHATSOEVER. 165 JAN 18 mu 40.3 CLAIM StTTLEME `T 1 JOAQUIN PERNANDEL AUTHORI2E DIRECTOR OP FINANCE TO PAYS 100 RESOLUTION NO. 75•25 A RESOLUTION AUTHORI21N THE DIRECTOR OP FINANCE TO PAY TO 00A U1 PERHANb AND CLAMS PERHANDE/ WITHOUT THE ADMISSION OP LIABILITY, THE SUM OP $50.00,00 IN PULL AND COMPLETE SETTLEMENT O€` ALL BODILY INJURY, LOSS OP USE, AND AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS AND DEMANDS AGAINST THE CITY' OP MIAMI, UPON THE EXECUTION OP A RELEASE, RELEASING THE CITY OP MIAMI - PROM ALL 'CLAIMS AND DEMANDS, AND TO PAY TO SOUTH CAROLINA INSUPANCE COMPANY WITHOUT THE ADMt SION OP LIABILITY, THE SUM 0f SSSA, IN PULL ARD COMPLETE SETTLE.. MINT OF THE COLLISION SUBROGATION CLAIMS AND DEMANDS AGAINST THE CITY 0? MIAMI, UPON THE EXECUTION OF A RELEASE' RELEASING THE CIT1 6F MIAMI PROM ALL CLAIMS Aft DEMAMS. 40.4 ACCEPT COMPLETED WORK - MARINE STADIUM STRUCTURAL REPAIRS=1§7$. RESOLUTION N0. 59.,24 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY PNEUMATIC CONCRETE, INC. AT A TOTAL COST OF $22,900.00 FOR THE MARINE STADIUrM - STRUCTURAL REPAIR - 1978; AND AUTHORIZING A FINAL PAYMENT OF $114,50. 40.5 ACCEPT COMPLETED WORK - I.95 EXIT RAMP LANDSCAPING COMMUNITY DEVELOPMENT PROJECT, RESOLUTION NO. /9-25 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY RUSSELL, INC. AT A TOTAL COST OF $18,230,00 FOR THE I.-95 EXIT RAMP LAND- SCAPING COMMUNITY DEVELOPMENT PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $1,823.00. 40.6 ACCEPT COMPLETED WORK BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE II (BID "A" - HIGHWAYS). RESOLUTION NO. 79-26 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HOLLAND PAVING COMPANY, INC. AT A TOTAL COST OF $130,250.90 FOR THE BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE II (BID "A" - HIGHWAYS); AND AUTHORIZING A FINAL PAYMENT OF $13,723.39. 40.7 ACCEPT COMPLETED WORK - CONVENTION CENTER, PHASE II - SITE PREPARATION. RESOLUTION NO. 79-27 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY JOE REIN£RTS( :';,QUIPMENT COMPANY AT A TOTAL COST OF S106,048.00 FOR THE CONVENTION CENTER, PHASE II - SITE PREPARATION; AND AUTHORIZING A FINAL PAYMENT OF $10,604.80. 40.8 BID ACCEPTANCE - D.M.P. CORP. - NORTHERN DRAINAGE PROJECT E-44. It RESOLUTION NO. 79-28 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $188,491.80, 7WE BASE BID OF THE PROPOSAL, FOR THE NORTHERN DRAINAGE PROJECT E-44; WITH MONIES THEREFORE ALLOCATED FROM THE "STORM SEWER S.O. BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED FOR PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH $ADD FIRM. 166 JAN 18 40,0 Bib ACCEPTANCE = P S F CONS?RUCT1ON CO., INC a W1Now00b COMMUN11Y DEVELOPMENT FAVINO PROJECT a PHASE IV. Rt&OLt TION t4O 70-gg A RESOLUTION ACCEPTING THE Bib OP £ & P CONSTRICTION 65. i INC. ANb LUIS Ms PEERER# AN OPEN JOINT VENTURE? IN THE PROPOSEB AMOUNT OP $21 S 1783 ti 01 POlk WYM= COMMUNITY bEVELOPMNT PAVING PAW= a PHASE IV; WITS` PU MOS ALLOCATEO PROM TIIE` 4TH YtAtt PEIiEIiAL COMMUNITY DEVELOPMENT RLOCX GRANT IN Tilt AMOUNT Of $235005.95 TO COVER THE CONTRACT COST; ALLOCATING PROM SAIb Pugh THE AMOUNT OP $25►9/7.07 TO COVERCOgT OP PROJECT EXPMEI ALLOCATING PROM SAIb PUYNb THE AMOUNT OP $4.714.00 TO COVER THE COST OP SUCH ITEM AS ADVEERTISING+ TESTING LABORATOR/ES, AND POSTAGE; At4b AUTHORIZING THE CITY MANAGER TO Utt= A CONTRACT WITH SAIb FIRM. 40.10 EXTENSION OF EMPLOYMENT - ARTHUR HARGRAY RESOLUTION NO. 79,-30 A RESOLUTION RATIFYING AND APPROVING A ONE YEAR EXTENSION OF EMPLOYMENT PAST'THE AGE OF 71 FOR ARTHUR HARGRAY, LABORER II, DEPARTMENT OF PARKS1 EFFECTIVE SEPTEMBER 7, 19784 THROUGH SEPTEMBER 6, 1979, WITH PROVISION THAT IN THE EVENT OF A ROLL- BACK OR LAYOFF, MR. HARGRAY, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. 40.11 APPOINT MEMBERS TO COMMITTEE ON ECOLOGY AND BEAUTIFICATION+ RESOLUTION NO. 79-32 * A RESOLUTION APPOINTING MR. DANIEL K. GILL AND MR. JOHN J. ENGLE AS MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOTY AND BEAUTI- FICATION. 40.12 GRANT ACCEPTANCE "READING IS FUNDAMENTAL" C2ND YEAR). RESOLUTION NO. 79-33 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD OF $1,250 FROM READING IS FUNDAMENTAL, INCORPORATED TO FUND A CHILDREN'S READING PROGRAM KNOWN AS "READING IS FUNDA- MENTAL" (2ND YEAR); AND FURTHER AUTHORIZING THE CITY. MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) TO. IMPLEMENT THIS PROGRAM USING FUNDS THEREFOR FROM THE CITY CASH -MATCH ACCOUNT. 40.13 BID ACCEPTANCE - RINKER MATERIALS CORP. FOR FURNISHING READY MIX CONCRETE. RSOLUTION NO. 79-34 A RESOLUTION ACCEPTING THE BID OF RINKER MATERIALS CORP. FOR FURNISHING READY MIX CONCRETE ON A CONTRACT BASIS, AS NEEDED, FOR ONE YEAR FOR THE DEPARTMENT OF PUBLIC WORKS, AT A PROPOSED TOTAL COST OF $118,800; ALLOCATING FUNDS FROM THE 1978-79 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL. * Item 061 was removed from the agenda because of duplication, thus Resolution No. 79-31 has not been assigned. rt 167 JAN 18 4t�r11+r EIb ACCEPTANCE a CONTROLLED ENVIRONMENTS OP FLORIDA P'OA PU N1SHINO 'COTE DARRE4S r RIBOLUTIoN No, 75=35 A RESOLUTION ACCEPTING THE Bib OP CONTROLLED EMIRONMENTS Of PLOW% POR PURNIBUMG SOO TOTE BARRELS POR THE SEPA tTMENT Of SOLID WASTE; AT A TOTAL Got? CP $ , SAS; ALLOGATttIO f tJNDS PROM THE 197$-79 OPERATING 9UDGET or SAID DEPARTMENTt AUTHOIdnft THE CITY MANAGER AND THE PURCHASING AGENT TO 3SSUE THE PURCHASE OMER Pt% THIS BQU/PMENT, 40,1E BID ACCEPTANCE _ GRAPHIC'S ORGANItATION FOR FURNISHING 100,00E COLOR BROCHURES FOR THE DEPT, OP LEISURE SERVICES. RESOLUTION NO, 79-36 A RESOLUTION ACCEPTING 'THE SID OF GRAPHIC'S ORGANIZATION top. FURNISHING 100,000 COLOR BROCHURES P'OR TI4 DEPARTMENT Op LEISt;RT. SERVICES AT A TOTAL COST OF $5,165; ALLOCATING FUNDS FROM. THE 1977-78 ANb 1978-79 OPERATING $t1DOET OP SAIb DEPARTMENT; WNW: - /ZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. 40.16 BID ACCEPTANCE - GARY PRODUCTS CORP FOR FURNISHING AUTOMATIC ICE MAKERS, RESOLUTION NO, 79-17 A RESOLUTION ACCEPTING THE BID OF GARY PRODUCTS CORP. FOR FURN- ISHING.TWO AUTOMATIC ICE MAKERS FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL COST OF S18,470; ALLOCATING FUNDS FROM THE 197E-79 OPERATING BUDGET OF SAID DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 40.17 BID ACCEPTANCE - ADDRESSOGRAPH MULTIGRAPH CORP - COLOR PRINTING PRESS. RESOLUTION NO. 79-38 A RESOLUTION ACCEPTING THE BID OF ADDRESSOGRAPH MULTIGRAPH CORP. FOR THE LEASE - PURCHASE OF ONE TWO COLOR PRINTING PRESS FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $15,604; ALLOCATING FUNDS FROM THE 1978-79 OPERATING BUDGET OF SAID DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 40.18 BID ACCEPTANCE - JUELLE BROS., INC. - DEMOLITION OF UNSAFE BUILDING. RESOLUTION NO. 79-39 A RESOLUTION ACCEPTING THE BID OF JUELLE BROS., INC, FOR FURN- ISHING DEMOLITION AND REMOVAL OF UNSAFE BUILDING FOR THE DEPART- MENT OF BUILDING AND ZONING INSPECTION; AT A TOTAL COST OF S22,670.00; ALLOCATING FUNDS FROM .THE COMMUNITY DEVELOPMENT TARGET AREA WIDE DEMOLITION PROGRAM; AUTHORIZING THE CITY MANAGER AND TIME PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. 40,19 BID ACCEPTANCE - BEN HURWITZ, INC, - DEMOLITION OF UNSAFE BUILDING, RESOLUTION NO. 79-40 A RESOLUTION ACCEPTING THE SID QF BEN HURWITZ, INC, FAR FURNISHING DEMOLITION AND REMOVAL OF AN UNSAFE BUILDING FQR THE PEFARTMENT OF BUILDING AND ZONING INSPECTION; AT A TOTAL COST OF $B, S0P; ALLOx CATING FUNDS FROM THE COMMUNITY DEVELOPMENT TARGET AREA WIDE DEMOLITION PROGRAM 9UTHQRIZING THE CITY MANAGER AND TIE PURCHASING AGENT TO ISSUE THE PURE' ORDER FOR THIS SERVICE, 168 JAN 18 4'0.2b BID ABCBPTANC - AUTOMOTIVE AND HEAVY €QU!PMBNARTB AND ACCUt k I ES SOtoTION Nts, ')§-Ai A RESOLUTION ACCPT NC THE SIDS RECEtVEb PROM NIt Ti'EEN rig) SUPPLIES f ANb APPROiVI C SIX (S) AbbtTlO} AL %MONA AS StNCtt SOURCE SUPPLtERA, OP AUTOMOTIVt AIM WAVY tOUIPMtNT PAT§ Aft ACCtSSOfi ES POR USE AS NttEtb, CITY WtbE r ON A CONTRACT SAM Pb i Ot4E YEAR PROM bATS OP AWAY AT A TOTAL COST OP APPRb IMATELY $360060,001 AUTHORI It3O THE CITY HAMMER ANb Tim PU .. MAIM AUNT TO ISSUE THE PURCHASE MIMS Pot THESE MATERIALS, 41, PERSONAL APPEARANCE OF Mk. TOM POST REPRBSENTINa NEW WORL-b MARINAS) INC. Mr. Fowmoen: Mr. Mayor, may I raise one question with you? Mayor Ferre: Yes, Mr. Fosmoen: You did have another public hearing on Miamarina, are you talking about that tonight? 1 Mayor Ferre: At ten minutes after midnight? Mrs. Gordon: Frankly, no. Mr. Formosn: to you want it back on the 22nd? Mrs. Gordon: Yes. ... Mayor Ferre: Yes. Mr. Plummer: Wait a minute now, in all fairness let's hear from the gentleman here, I'm sure he wants to make a comment. My God, we give five hours to the other one and we won't give him ten seconds? Mr. Tom Post: Very briefly, you have all been provided a copy of a proposed con- tract. 1 Mr. Ongie: Your name, please. Mr. Post: I'm sorry, my name is Tom Post I'm an attorney, I represent New World Marinas, Inc. New World was requested to negotiate with the City for a contract for the short term management of Miamarina. We have met for four months with staff, we have negotiated the contract thoroughly, the contract has been provided to you, we would respect the will of the Commission if the Commission would like to hear it tonight we're prepared. If the Commission would like to have it deferred until the 22nd we are happy to do that, we want you to know that it's available, there are two very simple items that there is a slight disagreement on and that is the term of the lease. We would like to have a four year option and the City recommends that we have a two year option to renew and there is a very slight difference in connection with the guarantee we have proposed to the City and those two differences are spelled out for you in the memo from the City Manager recommending the contract, Rev, Gibson; Mr, Fosmoen, I didn't say anything about the other thing but why a two year over against a four year? I mean explain, I'd like to be --*- Mr, Plummer; No, it's four and two. Mr, Fosmoen; We're asking that they have a two year renewal option. It's a four year agreement, our position is a two year renewal option, their position is a four year renewal option for a total of eight. Mx, Plummer; The difference, rather, is at Dinner Key they're going to be doing a 4 million dollar redoing, Mere, their improvements are minor so that's the reason why the additional four years for Pinner Key was suggested to help anortire out the 4 million dollars and let them also enjoy some years of the completedimprovements' There's a big difference, 169 JAN 16 1 Mts raiment f'm lerry3 I misundarstesd your question, If you' remparing this agreement with Dinkier Rey I would give you a different answer, Rev, Gibson: No, I'm not eamparing there beau I knew one's an apple and the ether Oh& is an orange, I would think that four years for these people is not unreasonable butts.s Mayor Petrel Ara we going to came to a eonelusion on this tonight'? Mr, Plummer No, Mr, Pesmeent Mr, Mayor, 1 would have to reeommend if you are at all etnsidering the trust that this be deferred, Mayor Ferret Look, 1'ti not going to vote ors this thing tonight, 1 don't know how anybody else feels about it, I'M just not voting ern it, Mr• Plummer: yes, Mrs. Gordo:.: I'd rather not even discuss it..... Rev, Gibson: I'm hot going to vote on it tonight but 1 want to say to the staff 1 think you ought to give these people a four year option, Mr. Fosmoen: For a total of eight years as opposed to six? Rev Gibson: Right, that's the way Theodore Gibson feels. Mr. Plummer: Well, let me tell you my feeling on that very quickly if you're grog to discuss it. Okay? My feeling is that we would want as we did down, here tat both of these would run concurrent terms so in other words we're in the marina bus- iness, the City in two marinas. if you're going to have this one here running eight years then run that one eight years. That's my opinion. Mayor Ferre: Let's go. It's 12:15 and we're going to be out of here at 1:0. Mr. Post: _Thank you very much. We'll be happy to come back. Mayor Ferre: A11 right, now ladies and gentlemen, here's what we're going to do. We're going to run down these things 1, 2, 3. Mrs. Gordon: Yes, go down the whole list. Mayor Ferre: Listen to me so we can getout of here quickly. If anybody, I mean anybody says a peep of discussion I will defer the item until the next time. Mrs. Gordon: Okay. Mayor Ferre: We're just going to zip down and the first time somebody has a dis- agreement on anything that's deferred. Okay? Mr. Fosmoen: May I at least point out whether it is an emergency or not? Mayor Ferre: Well Ok, we'll give you an option to yell help. Ok. NOTE: Agenda Items, 14, 15 6 16 have been deferred. rt 170 JAN 8 42, EXECUTE AGREEMENT.MORTONNOLFEE'1 %ALVAAE2ITAk,4'Gi6E/ S1EGL1E ANb EbR TECHNICAL DEE1 N/ IOD1E1OA1'1ONS TO I NC I NERA'TOA No. I. The following rosoiutioh was ihtrodvesd by Commissit5her dibsor,, Who Mooed its adoption: RESOLUTION NO. 79.42 A RESOLUTION AUTHOR/MG THE CITY MANAdER TO EXECUTE THE ATTACHES AGREEMENT EETWEEN'THE CITY OP MIAMI AND MORTON/ WbL€'EERVALVAREE/TARACIDO/SEtGLIE & FRESE, ARCHITECTS, ENGINEERS, PLANNERS, TO PROVIDE THE NECESSARY PRb'ESSIONAL AND ,TECHNICAL SERVICES FOR THE DESIGN AND CONSTRUCTION MODtI'ICATIONSOP INCINERATOR NO. 1, WITH FUNDS TREREFOR TO BE PROVIDED PROM THE POLLUTION CONTROL ANb INCINERATOR FACILITiEs BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.)`. Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOESa None. 43. FIRST READING ORDINANCE -AMEND SEC. 1, ORD. 8716 FINANCE DESIGN AND CONSTRUCTION EXPENSES OF INCINERATOR NO. 1. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION l OF ORDINANCE NO. 8716, ADOPTED OCTOBER 26, 1977, AS AMENDED, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE; BY APPROPRIATING AN AMOUNT OF $1,207,700.00 FROM THE POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS TO FINANCE THE DESIGN AND CONSTRUCTION EXPENSES OF INCINERATOR NO. 1, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr, Mayor Maurice . Ferre NOES; None, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. 171 JAN 1 44. FIRST RSADIN+ ORDI'NANCE*I STASLISP FEES FOR SPECIALI2Sb RECREATIONAL AND INSTAuCTIONAL CLASSES, DSRARTMSNF OP LEISURE SERVICES, AN ORDNANCE ENTITLED& AN ORDINANCE ESTABLISH= PEES POR SPECIALISED RECREATIONAL AND tNSTRUCTIBNAL CLASSES TO EE CONDUCTED by THE DEPARTMENT OP LEISURE SERVICESt PROVIDING A SEVERAEILITY PROV ER N AND A REPEALER CLAUSE REPEALING ALL ORDINANCES OR PARTS THEREOF tN CONpLICT3 AND PROVIDING POk AN € 'PECTIVE DATE, Was introduced by Commissioner Gordon and seconded by Commissioner Gibstt, 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 O. L. Plummer. Gr, Mayor Maurice , Terre NOES: None, The City Attorney read the ordinance into the public record and announced that copies were available to themembers of the Cit commission and tbthe uti_c. 45. FIRST READING ORDINANCE -AMEND RETIREMENT SYSTEM, PROVIDE PROCEDURE FOR PAYBACK OF SERVICE CREDITS FOR MILITARY LEAVE. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREI✓.ENT SYSTEM (ORDINANCE NO. 2230, JANUARY 1, 1940, AS AMENDED), AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 89, AS AMENDED OF SAID CHAPTER 2; PROVIDING A PROCEDURE FOR PAYBACK OF SERVICE CREDITS FOR MILITARY LEAVE BY REQUIRING THE FILING OF A FORM WITH THE BOARD CONTAINING AN ELECTION TO EXERCISE THIS OPTION, FURTHER PROVIDING THAT SAID FORMS SHALL BE SENT TO ELEGIBLE MEMBERS BY REGISTERED MAIL UPON THE MEMBERS COM- PLETION OF TEN YEARS OF CREDITABLE SERVICE; FURTHER PROVID- ING THAT SAID FORM SHALL BE RETURNED TO THE BOARD WITHIN THIRTY (30) DAYS OF RECEIPT BY THE MEMBERS; FURTHER PROVID- ING THAT SAID PAYBACK MAY BE MADE IN A LUMP SUM OR INSTALL- MENTS NOT TO EXCEED FIVE YEARS;' FURTHER PROVIDING.THAT IF ANY MEMBER WHO ELECTS TO MAKE SAID PAYBACK BECOMES ELIGIBLE FOR DISABILITY RETIREMENT PRIOR TO COMPLETING SAID PAYBACK, THE DISABILITY BENEFIT SHALL BE REDUCED BY THE OUTSTANDING BALANCE, CONTAINING A REPEALER CLAUSE, A SEVERABIL3TY PROVISION, AND AN EFFECTIVE DATE, Was introduced by Commissioner Plummer and seconded by Commissioner Gordon 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, dz, Mayor Maurice Terre NOES; None, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public, Zit 172 JAN 15 46, I RAPPOtNT MARX D. CAUTHEN TO THt OPP&STREET PARK! t 4 BOARD OF THE CITY, The following resolution Wat Lntroduted by COMMigtiOhet Gordon, who moved itt adoption: RESOLUTION NO. 7g-48 A RESOLUTION CONRtG THE REAPPOINTMENT or MARX D. CAUN TO THE OFT -STREET PARXING ROARO OF THE CITY OF Mom, FLOAnA. (Here follows body of resolution, omitted here and 5n file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution Was passed ai d adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando hacasa Ccmiiesioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plurrmner, Jr. Mayor Maurice A. Fevre 47. REAPPOINT ARNOLD RUDIN TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI. The following resolution was introduced by Commissioner Plumper, who moved its adoption: RESOLUTION NO. 79-44 A RESOIIITION CONFIRMING THE REAPPOINTMENT OF ARNOLD RUBIN TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: NOES: Nome. rt Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plumper, Jr. Mayor Maurice A. Ferre 173 JAN 16 40. APPOINTMENT tP PR LONE T8 APPIkMAT VE ACT1bN ADVtSbRY Mayor Fevre: Mrs. bordbnt Mayor Porret Mrs. gordont Mayor Pierre Mt. Lacasa t Mayor Ferret Mr. Plummer: With regards to the Affirmative Action appointments.... I have two people, t would name then. All right, Mrs. Gordon. bemetrib Peret and Marta Luis. bemetrio Perez and Marta Luis. As I recall you had.►.: I have two others, Ce$as and.... You only have one appointment. Homan, do / have any vacancies there? Mayor Ferret You have one vacancy, Reboso has one vacancy is what I'm swing.... And I will appoint Jimmy Cassell and the other guy was C.P. Smith.... 1 told you Smith, H. T. Smith: A11 right, further discussion? The following resolution was introduced by Commissioner Gibson, who move$ its adoption: RESOLUTION NO. 79-45 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD. (Here follows body.,of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 174 JAN 18 471 ALLOCATE $15,500■MIAM1 DADS CRtMtNAL dUSTIC COLIN IL LOCAL MATCH DASH FOR GRANT, The following resolution was introduced by Commissioner Gordon, who moved its adoption RESOLUTION NO. 70-46 A R ESOLUT/ON ALLOCATING A SUM OP $15, SOO PROM THE CITY OF MIAMI PISCAL YEAR 107E BUDGET: SPECIAL PROGRAMS AND ACCOUNTS: RESERVE POR PYMEb AND SUNDAY: MATCHING FORDS POR FEDERAL GRANTS, TO METROPOLITAN DADE COUNTY POR USE BY THE OFFICE OF THE bAbE-MIAMt CRIMINAL 31JSTICE COM= AS LOCAL CASH MATCH FOR A GRANT FROM THE UN/TED STATES DEPARTMENT OF JUSTICE: LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, TO HELP SUPPORT SAID OFFICE. (Here follows body of resolution, omitted here and Oh file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 50. AUTHORIZE CITY MANAGER TO ISSUE BUILDING PERMIT TO BASCOM PALMER EYE INSTITUTE -UNIVERSITY OF MIAMI. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-47 A RESOLUTION AUTHORIZING THE ISSUANCE OF A CONDITIONAL BUILDING PERMIT TO PERMIT CONSTRUCTION OF AN AUDITORIUM BUILDING AND BRIDGE FROM SAID BUILDING:TO THE EXISTING BUILDING AT THE BASCOM PALMER EYE INSTITUTE, ON LOTS 1 THROUGH 5 AND 24 THROUGH 28, LESS THE NORTH 15 FEET OF LOT 1 AND LOT 28, BLOCK 22 HIGHLAND PARK (2-13), TOGETHER WITH THAT 10 FOOT WIDE NORTH -SOUTH ALLEY LYING BETWEEN THE AFORESAID LOTS 1 THROUGH 5 AND LOTS 24 THROUGH 28 LESS AND EXCEPT THE NORTH 10 FEET THEREOF, ALSO,KNOWN AS TRACT 6 OF THE TENTATIVE PLAT 787-8 JACKSON MEMORIAL HOSPITAL TRACT ADDITIONS, BEING 900 S. W. 17TH STREET, AS PER VARIANCES GRANTED BY ZONING BOARD RESOLUTION ZB 4-78 DATED JANDARY 9, 1978, AND EXTENDED BY CITY COMMISSION RESOLUTION NO, 78-439 ADOPTED JUNE 22, 1978, SUBJECT TO THE REQUIREMENT OF RECORDING THE APPROVED PLAT WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO THE ISSUANCE OF THE CERTIFICATE Or OCCUPANCY. (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- AVASe N4i~8 ; None, rt Commissioner Rose Gordon Commissioner ssoner Armando Lacasa Commissioner (Rev,) Theodore Gibson Vice -Mayor a, &. ?limner, Jr, Mayor Maurice A. Terre 175 JAN 18 51. EXECUTE AGREEMENT PLANNING 5ERVIGES FOR bbWNTbwN PEOPLE MOVER, Mr, Pinner: Who is recommending it, f mean are we going to do it in&house' Mr. Mew: Vet, Rir. The County is buying services froth us The following resolution was introduced by Commissioner Plummer, who moved its adoption: REtOLUTI034 NO. 70.48 A RESOLUTION AUTHORt2XNG THE CITY MANAGER TO EXECUTE A CONTRACT WITH BASE COUNTY FOR THE PROVISION 8Y THE CITY OP MIAMI or PROFESSIONAL PLANNING SERVICES PbR THE DOWNTOWN PEOPLE MOV! PRELIM NARY ENGINEERING PROGRAM. AND TO NEGOTIATE A PEE POA THOSE SERVICES NOT LESS THAN $24,500, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon„ the resolution was passed ar.c adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J, L. Plummer, Jr. Mayor Maurice A. rerre 52. NEGOTIATE CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES -"COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRA-. TION PROJECT".' Mrs. Gordon: 37 was done,.wasn't it? Mr. Fosmoen: No. There was an ordinance amendment appropriating the funding, this is authorizing the Manager to negotiate a contract. Mayor Ferre: We accepted the grant. Mr, Fosmoen: You accepted the grant. Mayor Ferre; We appropriated the money and now this is the final thing we've gc: to do, right? Mr, Fosmoen: Yes. Mr, Plummer: But who are you doing it with? Mr, Fosmoen: I'm sorry, Mariscei and Company. There was a selection committee comprised of not only staff representatives but representatives of the Office of the Industrial Development Council and Dade County's Economic Development Office, Mariscel and Company is recommended as the first choice, I'll have to look for my memorandum for the second two, Commissioner, MayorFerro; Is that a minority contractor? , Fosmoen; fla€iscel is Weshin9ton based with a local office., I cannot,te44 you whether they are minority owned or not,.., Mrs, Guidon; Which one ire you wor)inq on now? Mayor Ferro; We're on 97 which is the pardon of the Community Pconomic pevelopr sent Pemonetrotion project 176 JAN 18 Mr: Plummer: Mayor perre: What ss.s W.room: free eSA, we Mayor Perrot this. • s, Mr. Postmen: Mayor per re got it. Let's defer it. NU Veit s moment. this it an important thing. Wit thie the one This is to work an a publie development eorparation, it's a grant would bring the dontraot book to you for ratification. is Mariseei that fellow mho game down and brought us -trio idea or is Yee, airy. Okay, those people worked very hard to get us this thing and we've The fallowing resolution was introduced by commissioner Plummer, who toyed its adoption: RESOLUTION NO. 79=49 A RESOLUTION AU HoR12ING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES, IN AN AMOUNT NOT EXCEEDING $45,000, TO IMPLEMENT A COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRATION PROJECT FOR THE CITY OF MIAMI, WITH FUNDS THEREFORE ALLOCATED FROM THE TRUST & AGENCY FUND ENTITLED "COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRATION PROJECT"; AND bIRECTING THE CITY MANAGER TO PRESENT THE EXECUTED CONTRACT TO THE CITY COMMISSION AT THE EARLIEST SCHEDULED COMMISSION MEETING AFTER THE EXECUTION OF THE CON- TRACT FOR RATIFICATION AND APPROVAL OF THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed adopted by the following vote - AYES: NOES: None. Mrs. Gordon: ` develop, how Mr. Fosmoen: Mayor Ferre: Mrs. Gordon: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre and I just want to ask Fosmoen a question. What did you call that did you word that? A public what? Public Development Corporation. The packet had the full memorandum and description Yes, but don't ask me to look at it now. 177 on it. to JAN 18 .- S3. NEGOTIATE CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES "DEVELOPMENT 'STRATEGY STUDY 'POR THE CITY OP MI AMI rt Mrs, Cordon: The 301 could we pass that one by because / want to look at that one. Mayor Porte: We're going to skip over 30 All right' Defer 36, You have a prob- lem with 187 Mr Fosatog t Yet, Again, we received $75 ► 50b froth the Economic DeVelopment Ad tin» istration► it must be matched with local funning. This is to prepare► part of it is to prepare an economic base study which will make the City eligible for further Economic Development Grants, Mayor Perte: It 's very important, Mrs. Gordon: Ali right, /ill inotve it, The following resolution was introduced by Commissioner Gordon, who mote its adoption. RESOLUTION NO. 79.5C A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES, IN AN AMOUNT NOT EXCEEDING $70,000, TO CONDUCT AN ECONOMIC ANALYSIS AND DEVELOPMENT STRATEGY STUDY FOR THE CITY OF MIAMI, WITH FUNDS THEREFORE ALLOCATED FROM 4TH YEAR COMMUN- ITY DEVELOPMENT BLOCK GRANT FUNDS; AND DIRECTING THE CITY MANAGER TO PRESENT THE EXECUTED CONTRACT TO THE CITY COM- MISSION AT THE EARLIEST SCHEDULED COMMISSION MEETING AFTER THE EXECUTION OF THE CONTRACT FOR RATIFICATION AND APPROVAL OF THE COMMISSION. (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 NOES: None. Mayor Ferre: Who was it, have you got somebody that you're going to award this to or what? Mr. Fosmoen; Yes we do Mayor Ferre: All right... I'll look at it tomorrow. We'll ratify it next time. 178 JaN 18 X401511- 54# EXECUTE AMENOMENT TO SUPPLEMENTAL ACREEMENT O'LEARY- SHAFER & ASSOCIATES) PA FOR REDEVELOPMENT OF DIXIE PARK, The foliowihq rosolutioh was introduced by Commiesioher Oiblohl who moved its adeptiom RESOLUTION NO, 7S.,S1 A RESOLUTION AUTHOR/EING THE CITY MANAGER TO EXECUTE AN AMENI› KENT TO THE SUPPLEMENTAL AGREEMENT WITH OILEARY.,SHAPER AND ASSOC/ATES, P.A., TO PROVIDE PROPESS/OMAL SERV/CES PO) THE REDEVELOPMENT OP b/XIE PA RX BASED ON A REVISED DEVELOPMENT EUDGET OP $2.002,000 PLUS A REVISED CONSULTANT'S DESIGN PEE OP $114,576 WITH PUNDS, THEREPORE, TO BE ALLOCATED PROM THE PARKS PbR PEOPLE 16ND PROGRAM AND COMMUN/TY DEVELOPMENT titOcK GRANT PROGRAMS. (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: 11110 NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr, Mayor Maurice A. Ferre 55. EXECUTE AGREEMENT - METROPOLITAN DADE COUNTY FOR LEASE OF PROPERTY AT 451 N.w. 5TH STREET. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-52 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH METROPOLITAN DADE COUNTY FOR THE LEASE OF PROPERTY LOCATED AT 451 N.W. STH STREET, AS PART OF THE CITY'S COMMUN- ITY DEVELOPMENT PROGRAM IN ACCORDANCE WITH THE TERMS AND CON- DITIONS SET FORTH IN THE ATTACHED AGREEMENT, SAID OCCUPANCY WILL NOT REQUIRE ANY RENTAL PAYMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson. adopted by the following vote - AYES; NOES; None. TV the resolution was passed and Casmissioher Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J, L. Plummer, Jr, Mayor Maurice A. Ferre 179 JAN 18 a S PROPOSED LUASt AGREEMENT WITH SOCIAL ;Min AGENCIES, AT "LITTLE HAVANA COMMUNITY CENTER" - DEFSRR6b TO PEERUARY 1) 19§ Mrs. Gordon: Do we have to do 42 tonigh0 t sure as the devil would like to look it aver. Mr. Plummer: No, ga would 1, Mrs, Cordon: Could we hbid it back until the hejtt meeting? Mr. P1UMMet t yes. Mr. i,acasa: 1 agree, let's defer that one. Mrs. Gordon: I honesty don't know what's in it. Mr. Grassie: it's just a basic lease. Mrs. Gordon: I don't know what the leases are, which ones, who's gettincleases or anything. Mr. Sack Bond: Well, actually it is a blanket contract allowing the City Manager to . . . . Mrs. Gordon: I don't want to give you a blanket. Mr. Plummer: Yes, but Mr. Bond, let me tell you teal quick like, my problem is that I'm understanding that they've got a problem existing there already by one tenant is going to be taking up a third of that building. Mrs. Gordon: I want to look into this, Mr. Mayor, I don't want to act on it. Mr. Bond: That is not the contract here, this is private non-profit corporations. Mr. Plummer: Yes, I understand but let me tell you something - you know we pass this, we don't know the square footage and I want to know that. Mr. Bond: That's a separate contract. Mrs. Gordon: Okay, let's defer that one. Mr. Plummer: Ok, I've got some problems with one tenant taking up a third of that building - maybe I don't. Mr. Bond: Okay, just so you understand, we don't move in and we cannot dispose of Building C. Mr. Fosmoen: Which holds up the public housing project. Mrs. Gordon: We'll do it on the first of February as a special item but I'm just too tired. Mayor Ferre; Is there a major tragedy with that? Mr. Fosmoen; Well, we hold up the demolition of Building C which has an impact on the public housing project. Mfrs, Gordon; 1 know, but you've got to realize this is not just a thing you just bl*nketly cover until you know what you're doing, Mr. Plummer; That's right, once they've moved in try to get them out. Mrs. Gordon; Yes, Mayor Yore; Okay, 1 agree that it's to be deferred but let me ask a question; on it, If We were to authorise this would that give you now the carte blanche to 99 mead and Cont€act or would you have to bring them all back to us for a final vote? :t says, "To enter into a leave agreement with non-profit social .services:,.," rt 180 J AN 18 revs Gibsont That'll right, Mayor perte: You'd have blanket, you'd have ear blanche, that wouldn't dome to ut again, right/ Mr. Graseie: !t3AUbISL Mr. Plummer: It will not. Mr. Foe►aent No it won't, not for these organi2ations4 Mayor Perre: Mr. Poemoen: Mayor Ferre: Mr. Fosmoen: And all this is going to do is hold up the demolition. And the construction. And the construction, for one month/ If we could bring it back on the first.... back Mayor Ferre: All right, would you bring it back then on February 1st? Would you put it on for February 1st/ That way it is' only a two week delay. Okay 57. DESIGNATE NEWSPAPERS FOR NOTICE OF SALE CERTIFICATES DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS, Mayor Ferret Mrs. Gordon: Mr. Plummer: Mayor Ferre: Item 44. Move. No, you've got to move the papers. Oh, name the papers: New York Times, Boston Globe. Mrs. Gordon: Oh come on. Mayor Ferre: Well name the papers. Mrs. Gordon: E1 Miami Herald. Mr. Plummer: Mayor Ferre: Mr. Plummer: The Miami Review. The what? The Miami Review is a legal paper, Miami Times, Mayor Ferre: And the Liberty News... Mrs. Gordon: Mayor Ferre: do it because Mrs. Gordon; Mayor Ferre: Diario Las Americas The Miami News, the Miami Herald,.... No, not the Miami Herald, that's not in there. In the past we didn't of their rates so we go to the Miami News. INAUDIBLE Well, that's what we've done in the past. Okay, Mrs. Gordon; Well the Clerks don't know whether we're kibitzing what we really mean. Mx. Plummer; I just told you, Mayor Terre; The fact is; "Selection of newspapers for sale of ial improvement assessment liens advertising," In the past what was; The miami Review, The miami News, Diario Las Americas, and Mr.. Plummer; Mayor Terre; Bev, ibson; That's it, Now, do you want to do it the same way or nOt? What about TheemM Times? Tiff or not, tell them delinquent spec - we have done The Liberty News, iiimimmommmin Mayor Petrel W. Plummer: edge anymore Mrs, Gordon: And :111,.Ato . tam, m, New wait a minute new, Mr, Mayor, I don't think we have that privii= of gain§ into the t3aw without the t ra. d ih that now eeftbinatie►r, rate, Yet, it's ail one package, Mr, bngie: bight, it's 5oint advertising, Mr. Plummer: On that combination rate. Mayor Ferre: Mews trala, it's the same newspaper. I'm sorry bill, i didh't Mean to say that. Mr. Plummer: belete them both, Mrs. Gordon: I think the paper ought to give you gays a raise.... Mayor Ferre: He's asleep. Ok► we include the Miami Herald. I'm sorry Thelma, excuse ice John, Mr. Fosmoer: Mr. Mayor, this Commission several months ago expressed a great deal of concern about our advertising budget. I. Plummer: Boy you'd better believe it, $3.19 a line. Mayor Ferre: Look, what they're telling you is that the Miami Herald and the Miami News as far as their advertising agency are one and the same newspaper. Now they're separate newspapers as far as the City Desk and the News staff, they're the same newspaper for advertising and editorials, now what do you want me to tell you? Mr. Fosmoen: I would agree with you on editorials, I believe there is a different rate for News advertising than there is for Herald. Mayor Ferre: All right then I stand corrected, we'll do it the same way we did . it last year. We'll do it the same way we did it last year. There is a motion and a second, further discussion on 44 the way it is in our packet? Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-53 A RESOLUTION DESIGNATING NEWSPAPERS IN WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR DELIN- QUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE PUB- LISHED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; Vice -.mayor 3, L.'Piummer, Jr, rt and 182 J 1 18 • • Mrs. Cordon: I do want to say we had asked that all of these be put oh th€ 2ohir Agendas and this one was not but there is nothing controversial about this to I move it but ih the future put the Oh the zoning, Mr. PlUMMer: Is that where they smoke r►ariivaha "Mellow stove" The following tesoiutioh was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO, 99$4 A RESOLUTION ACCEPTING THE PLAT ENTITLED MEI.Lb GROVE, A Ste- DI IS/ON IN THE CITY OF MIAMI, FLORIDA: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH tMPROVttNTS UNTIL REQUXREb BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHOR/ZING ANb DIRECTING THE CITY MANAGER AND THE CITY CLERX TO EXECUTE THE PLAT. (Here follows body, of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plumper, Jr. Mayor Maurice A. Ferre 59. AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT - "MONEYMAX", COMPUTERIZED CASH FLOW FORECASTING 6 INVESTMENT MANAGEMENT SYSTEM. Mayor Ferre: We did Moneymax. Mr. Plummer: No, you did not and I haven't had time to read it. Pass it and let me vote against it. Go ahead. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-55 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS BETWEEN THE CITY OF MIAMI AND WISHER ASSOCIATES, INC. PROVIDING FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF THE MONEYMAX COMPUTERIZED CASH FLOW FORECASTING AND INVESTMENT MANAGEMENT SYS- TEM FOR THE FINANCE DEPARTMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENTS ► WITH FUNDS THERE- FOR TO BE APPROPRIATED FROM THE GENERAL FUND, USING INCREASED INTEREST EARNINGS, Mere follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gibson, the resolution was 17,45Ped and adopted by the following vote - AYES; Commissioner Rose OQFdQn Cnissioner AadQ Lacasa Commissioner MRev,) Theodore Pibson NsyOr Maurice A, Terre NOES; Commissioner 4, II, FIUMMTI 183 JN18 11111111111111 • 1111111111 60. ESTABLISH ADVISORY COMMITTEE _ "MIAMI CENTER ADVISORY COMMITTEE"' The following resolution was irtrodueed by Commissioner Plummer, who paved itt ado tiOn t RESOLUTION NO, 79-56 A RESOLUTION ESTARLISHINd THE CITY OP MIAMI/UNIVERStT'Y OP MIAMI AMES L► WNIOHT INTERNATIONAL CENTER ADVISORY COMMITTEE OP Nltr VOTIM &VIERS, TO BE APPOINTED) BY THE CITY COMMISt/ON ARO PRO- V1DtNG THAT THE SAIb COMMITTEE SHALL FORTHWITH RECOMMEND) TO THE C/TY MANAGER QUALIPIEb PERSONS TO SERVE AS THE EXECUTIVE bIRECTOF OF THE CENTER, WHO SHALL ALSO SERVE AS THE DIRECTOR OP THE DEPART- MENT OF CONt=ERENCES AND COtt<ENTIONS; AND PROVIbING POP THE COM- MITTEE TO AbVISE ANb CONSULT WITH THE CITY COMMISSION, THE CITY MANAGER, ANb THE UNIVERSITY OF MIAM/ BOARD OF TRUSTEES, AS WELL AS THE DIRECTOR OF SAIb OEPARTNIENT ON MATTERS PERTAINING TO THE USE ANb 01:ERAT/ON OF THE AFORESAID CENTER; AND FURTHER PR0VIDtN THAT THE APORESAIb COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPEN- SATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following Vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre SI.. APPOINT PERSONS TO "MIAMI CENTER ADVISOr^.Y C0 NITTEE" The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-57 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO 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 adopted by the following vote - AYES; NOES; None. Commissioner Rose Gordon Commissioner Asmaodo Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor 17, L, Plummer, Tr, Mayor Maurice A, Ferre and 184 JAN 18 62, SUPPORT APPLICATION BY SOUTH FLORIDA RE6IO 1AL PLANNIUO COUNCIL PUBLIC/PRIVATE ECONOMIC 6TRA?E'O' FOR ECONOMIC DEVELOPMENT -SOUTH FLORIDA The following resolutionwee introduced by Commiseiarsr Gordong who moved its adoption: RESOLUTION NO. ?9$8 A AESOLUT/ON URGING PAVORARLE CONSIDERATION AND APPROVAL BY THE ECONOMIC DEVELOPMENT ADMINISTRATION OP THE U, S. DEPARTMENT OP COMMERCE OP THt PENDING PROPOSAL OP THE SOUTH PtOktbA REGIONAL PLANNING COUNCIL POR DEMONSTRATION PUNDING TO DEVELOP A REGIONAL ECONOMIC DEVELOPMENT STRATEGY; AND DIRECTING THE CITY CLEM TO PORWARD A COPY OP TMIE HEREIN RESOLUTION TO THE DEPUTY ASSISTANT SECRETARY POR POLICY AND PLANNING OP THE ECONOMIC DEVELOPMENT ADMINISTRATION. (Here follows body of resolution. omitted here and On file. in the Office of the City Clerk.) Upon being seconded by ComZnissibner Gibson. the resolution was passed and adopted by the following vote -- AYES: NOESt None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plwnmer, Jr. Mayor Maurice A. Ferre. 63. PRELIMINARY DEVELOPMENT PLAN FOR WORLD TRADE CENTER. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-59 A RESOLUTION ACCEPTING THE ATTACHED "PRELIMINARY DEVELOPMENT PLAN" AND FEASIBILITY STUDY FOR WORLD TRADE CENTER PREPARED BY MIAMI WORLD TRADE CENTER, INC. AND AUTHORIZING THE CITY MANAGER TO PROMPTLY PROCEED WITH THE CITY'S APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT FROM THE DEPARTMENT OF HOUS- ING AND URBAN DEVELOPMENT FOR THIS WORLD TRADE CENTER PROJECT; FURTHER, STIPULATING THAT THE AFORESAID ACCEPTANCE AND AUTHOR- IZATION ARE WITHOUT PREJUDICE TO THE RIGHT OF THE CITY Fo LIMIT OR DISCONTINUE ITS SUPPORT OF THE WORLD TRADE CENTER CONCEPT AS AN ADJUNCT TO THE CITY CENTER PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote- AYES; Comniesioner Armando Lacasa Commissioner oner (Rev.) Theodore Gibson Vice -Mayor a, 10, Plummer, Jr, Mayor Maurice A. Ferre NOES; CoMmiSSioner Rose Portion 1135 1 64 PROPOSED CONTRACT BISCAYNE RECREATION INC. (Deferred to February P2I WO' 7 P.M.I Mrs. Cordon! Number 72, don't we have to defer it, We didn't make a M6ti6 i to defer that. Mayor Ferret 2 think there was a Th ti6h that we have a meeting an February 22nd at 6t00 P.M. Mrs. Cordon: It was a statement but not a motion. Mayor Ferret Mrs. Gordon moves and Plumber seconds that this matter be deferred is that the word that you want to use? Mrs. Gordon: Well, I don't know what else you would use, Mayor Ferret All right, put off or deferred or rescheduled for the 22nd of tel. ruary at 7t00 P.M. Further discussion? Call the roil. The following motion was introduced by Commissioner Gordon. who move6 its adoption: MOTION N0, 79-60 A MOTION TO DEFER CONSIDERATION OF AGREEMENT WITH BISCAYNE PROPERTIES, INC. FOR THE OPERATION OF DINNER KEY MARINA TO A MEETING TO BE HELD ON FEBRUARY 22, 1979, AT 7:00 O'CLOCK P.M. Upon being seconded by Commissioner Plummer, the motion 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. 65. PROPOSED CONTRACT -NE\! WORLD MARINAS INC. (Deferred to February 22, 1979, 7 P.M.) The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 79-61 A MOTION TO DEFER CONSIDERATION OF AGREEMENT WITH NEW WORLD MARINAS, INC. FOR THE OPERATION OF MIAMARINA TO A MEETING TO BE HELD ON FEBRUARY 22, 1979, AT 7:00 O'CLOCK P,M, Upon being seconded by Commissioner Plummer, the motion 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, 186 JAN 18 4` Mte. Gordan: And then we had a 74 but it wasn't written on the printed a§ends and / move that far deferment too. Mayor Perret That'a Grove key Marina. Mr. Most: You have to speak to 74.... Mr. Plummer: Rose, you've got to speak to 14+ you've got to. There's a court Case. Mrs. Gordon: We have to speak to it now? Mr. Plummer: Yes, it's very essential in the court case, Mrs. Gordon: Okay, then let's finish up. Mr. Knox: item 74 is a proposed resolution which would authorize certain amend- ments to.a contract between the City of Miami and Coconut GrOve Marina Inc. and a sublease between Coconut Grove Marina and Grove Restaurants Limited. The nature of the changes would be;(1) that the lessee would agree to pay all ad valorem taxes that may be imposed upon land or the improvements. (2) that the improvements such as the providing of access roads, water service and electrical improvements would be paid for by the lessee or the sublessee and (3) is a clear statement that the City of Miami would not incur any financial obligation associated with the financ- ing factors. Now the reason that this is important is because the City is involved in litigation regarding this matter. There was a court hearing at 8:00 O'clock this morning regarding it and a trial date has been set for January 28th. Mrs. Gordon: Well, you know this item really should have discussion and it really needs to be aired as a public matter. Mr. Al Sakolsky: Absolutely. I would like to say that this item is not on the agenda. Mayor Ferre: Who the hell are you? Mr. Sakolsky: Who am I? I'm the party in the lawsuit in this item. I am the one who is suing you. Mayor Ferre: Oh, Ok. Mr. Sakolsky: And I have as much a right to be heard in this Commission Chamber as these people who are asking the City to take an item that is not on the agenda, make it an emergency hearing and asking a judge to hear their case on a Sunday - on the 28th I've got to go to court at 10 O'Clock in the morning because all of a sudden this is an emergency. Mayor Ferre; Ok, you had your say? Mr. Ed !boss: That's what your lawyer agreed to, Mr. Sakoisky, Mr. Paul agreed to that, Mr, Sakolsky; Well, you're the one who asked for it. Mrs. Gordon;I don't believe we need to have that. Mayor Ferro; Hey, wait a moment, you just calm down or we're not ,going to hear you at all. Just calm down and make your statement. Mr. Soko sky; Let am finish what l have to say, Maurice. Mayor Ferre; T will if you do it quietly. Mr. Sakolsky; l want the record clear, since you brought it lip. 1 personally am opposed completely to any tax exonneration clauses that this City or any contribu- tion clauses it nay enter into which are in the present leeee. In other words this gentleman, Mr, Spencer Meredith, has a lease with the City which cOMPletelY 187 JAN 18 exonerates him and he has Clauses vhioh eampleteiy allow the City to came in and put the roads, the water and the sewer. Mewl t think sOMetking like this is so important that you cannot put it at held 74 when it has to eame up before this City. Mr. i'oemaen mailed it emergency in front of a public hearing, and it the people of this Commission don't feel that this 'ease is right and that it's ptaper then it should be put out for bid again and give somebody else a ehanre to offer the City either more money or be modified but this is nething that you rush through under the door and that's why I'm here at l:%ib O'Cioek in the morning and l'm ashamed of this Commission to consider it. Mayor Ferre: Ali right, further discussion by the members of the Commission, be‘ cause I'M going to move it pereonally'if nobody else does. Mrs. Cordon: What did you say, Maurice? Mayor Paste: r lust don't like to be talked to that way. Mr. Moss: 1 understand that and t don't like to be irn this position either. Mrs. Gordon: Maurice, 1 lust talked to Mr. *,ox, I wanted to know whether it would adversely affect the City if we don't do anything now on this item and he said no it would not and l feel that at this hour, a quarter of one in the morning I airy not physically fit to act on this item end.... Mayor Petrel Okay, you've.... Mrs. Gordon: ... And when you said to me before that we don't have to act,.... Mayor Ferret Ok, don't push it anymore. You don't have any emergency with this do you? Mrs. Gordon: I move to defer this. • Mr. Moss: Well, you know everyone has been heard except the party most interested. Mr. Ongie: May we have you name, please, sir. Mr. Moss: My name is Ed Moss and I represent Grove Key Restaurants. Mr. Sakolsky grabbed the microphone and because he shouted loudest was able to be heard. Mr. Sakolsky: I didn't shout loudest, my friend, it's not on the agenda. You're asking this Commission to sit at .... Mayor Ferre: You are out of order, the Chair does not recognize you and would you finish whatever it is that you have to say. Mr. Moss: Yes, and I'll be quite brief. Mr. Sakolsky has filed a lawsuit against the City and Grove Key, my client, challerging the validity of the lease that the City and Grove Key entered into. We don't want to be bothered with his lawsuit as spurious as it is present, we've got to get started on the construction. The only thing that we've done here, and is before you right now, is give to the City things that you're not entitled to under the binding lease. We're agreeing to pay for the water, sewer and roads which are your obligation under the lease. We are agree- ing to pay taxes which under the lease as it presently exists we don't have to. We think all the clauses in the lease are valid but it is a matter of economics and in weighing everything we have a commitment from a contractor that runs out and we're agreeing to give this to the City now. If the City will not act on it now then the reason for our asking becomes moot and it will be my recommendation to my client that we withdraw the offer and go back and let the City pay for these roads which you've agreed to and pay for these sewers and pay for the lights Mayor Ferre: We're going to pay for of these? INAUDIBLE INTERMIXED COMMENTS Mr, Moss: Now Commissioner Gordon, I heard you say we're not going to pay for it, but how about asking your attorney, 44r. Knox, and don't take my word for it and ask him what the lease says, George, are you obligated to pay for those things tinder the existing lease? Mt, Xnos; Under the existing lease the City is obligated to provide access roads, water service, sewer service and ornamental lighting except that there is a ;when, - ism built into the lease whereby the City would be reimbursed from the proceeds cf the bees in ardor to pay for those, The second thing is that there is a pro. vision in the agreement concerning an adjustment in the rent provided that real 188 JAN 18 prapart► tames are assessed against the leaaahald interest and anee again the lessees have agreed to pay those tares without any abatement in the agreed to amount at the lease, Now, as i indieatad, there is a trial date scheduled, It is important.,,, Mayor Parrs: Trial data far what/ Mr. Mosel or Sakoisky's suit, Mayor Perry: What does that have to do with this? Mr. itha : The nature of Mr. A oisky's. .. Mr. Plummer: because these are the poihts of the suit and they're trying to withdraw the points so that the suit will not have any meaning, Mayor Ferre: 1 tell you, you know I'm going to vote for that because 1 feel very strongly about the fact, we've gone under contract with these people to do this and this Corinission has gone On record.... Mr. Plummer: Is it pertinent to your lawsuit or not? Mr, hf1oX: it's pertinent to the lawsuit in order to establish a record before the court that we can introduce as evidence to rebut the charge. (Conversation between Mrs. Gordon and Mayor Ferre largely inaudible) Mayor Ferre: .... and this is something Mrs. Gordon: Maurice, I'tn not going to vote on anything unless it's life or death and 1 don't see any life or death involved in this issue at a quarter to one, no life or death is involved. Mayor Ferre: Absolutely. I'll tell you what, I'll call a Special Commission Meeting on this one. Mr. Sakolsky: I think you should, Mayor. A gentleman comes up before this Commission and tells you if you don't hear him now he's going to charge you and this City and everybody in here putting in roads, water and sewers.... Mrs. Gordon: Hey, Al, cool it. I want to go home and I'm going to move defer- ment on this item. Mr. Fosmoen: Mr. Mayor, just to clarify the record, the public improvements would occur on public property they would not occur on the leased property and it is our responsibility as it was with the Rusty Pelican to provide the access roads and the water to the property line not on the property. Mr. Sakolsky: Mr. Fosmoen, there's more than that involved here. Mayor Ferre: Wait a minute, Al. What are you recommending now? Mr. Fosmoen: I simply wanted to clarify the issue that we're not providing roads and water and sewer on the leased property - leading to the leased prop- erty. Mayor Ferre: A11 right, now..., Mrs. Gordon; Maurice, do...,.. Mr. Saiolsky; I think this Commission should be made aware that the City has already spent $15,000 of the taxpayers' money without anyone on this Commis- sion knowing it to provide services so far out there that weren't there that they would have to provide themselves. I think that we should have a public hearing. And I also want this Commission, and beg this Commission to instruct the City Attorney that we don't have to have a hearing on Sunday the 28th, let the lawsuit take its natural course. I don't have to go on a Sunday be- cause Mr, Meredith has got an emergency to build,,,, Mayor Ferre; book, this is much too important an item for us to just let ride by. We know what the issues ere' it's dear cut, as far as I'm concerned it nobody else does it I'm going to wove this thing, I'll pass the gavel to you and I move this - it's just that s.ple, 189 JAN 18 Mr, Plummer Nation made to pass item 074, is there a saeend/ Mrs, Gordon: Well, till tail you ems thing t'e net gain§ to mend it, /1Th riot going to be totted into aver, voting an this it unless it is a negative vote at this hour of the mining and l think it is ridteuieus far us tb be forced into a vesture like this at -this hear. Mr. Plummer Is there a wear Mr. Lae&sa: I have to ask a question here, George. Let me see if t uhderstarsd this eorreetiy+. Mrs. Jordon t There appears to me . exeuse mee Lacasa = a lot of things that 1 don't khow about this thug that I want to know before I vote on it. Mx Meese: Well, I have the right, ROW to ask a gueetiOn to George. Mrs. Gordon: I'm sorry, I'm hot ,screaming at you. I'm trying to tell these people out here that are trying to pressure me into a vote. Mr. Plummer: Is there a second? Mr. Lacasa: 1 Want to ask a question first, Mr. Knox, do 1 understand the situation correctly that there has been a lawsuit filed against the City of Miami and that what this resolution entails is that by passing this resolutiot the points of the lawsuit will cease to exist and then we won't have that ,type of a situation and also that it will result in the City of Miami taking certain advantages over an existing lease which in other words was binding the City tc a situation that was weaker than the one we should have if this resolution passes? Is my understanding correct? Mr. Knox: Yes, sir. The only thing that I will add is that, of course, it will be up to the judge to decide whether or not the existence of the changes that are represented in the proposal would indeed discharge the allegations that are contained in the complaint but each of them is addressed to the spe- cific allegations that are contained in it. Mr. Lacasa: But my understanding is correct as to what I said? I second the motion. Mr. Sakolsky: Mr. Lacasa, I would like to address you on that point too if I might. Mr. Plummer: Under discussion. Mr. Sakolsky; Okay, thank you. Mr. Lacasa, let me put it to you this way because you are on this Commission, and if I'm wrong, Mr. Knox, please correct me. This gentleman has entered into a lease with the City of Miami - Mr. Mere- dith - in his agreement with the City he has received certain contingent bene- fits which we are contesting as being illegal. Now he wants to come at 1;45 in the afternoon, we know and we believe that they should be removed but this would change the terms and conditions under which this lease was given and we say there should be a public hearing, We're against the City giving him a con- cession, that's why we, filed suit, we don't want the concession. But it doesn't alter the fact that he walks away with a lease. We are asking the City to listen to this and maybe the City would want to put this out for bid. It was never done by bid to build this restaurant on public land, it was done by pri- vate negotiation and I think that in all due respect the people of the City and the people on the Commission that represent us should try to make the best deal that they can to receive the best revenue, If they're going to alter this tease then I believe they should put it out forbid, it's just that simple. Mr. Plummer; Any further discussion? Mr. Moss; Yes, I'd like to just respond to that very quickly, The lease is made and can't be put out for bid, it was negotiated in good faith, it was entered into. Mr, Sakolsky is attempting to try to try his lawsuit before this panel.. M. Sakolsky; I am not, you are, sir, M. Moss; Mr, Sakolsky, you know you ought to be a little,, 190 JAN 18 Mt Sakalekys tont Sorry. Mt, Piuirearr 1416 Chair will run the meeting. Mr, Mean; eontimue, l r, 'Moss, ermine. Mr. Moss: Mr, Sakolsky would like to try his lawsuit wherever he ems He'd like to try it here right now but it is not going to be done, fudge Crr will deeide that and will deeide the issues as Mr. Knox will tell you. Me. Plummer: Further dissuasion? Mrs. Cordon: Or diaeugeion, I'm totally opposed to the proeedure that's being taken, I believe amending the lease of any wort should call for a public hear- ing whether it is to our advantage or disadvantage that's to be decided at that time and this is an improper aotion of this Collision, Mayor Pere And we've gone through this before.... Mr. Plummer: You're out of order, I didn't ask for more discussion, Mayor[ Terre: Okay, We'Ve gone though this before, this is not the first time. Mr. Plummer: Any further discussion? Call the roll, The following resolution Was ir►troduced by Mayor Fevre, who moved its adoption: RESOLUTION N0. 79-62 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANAMEND- MENT TO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND GROVE KEY MARINA, INC., A FLORIDA CORPORATION, SAID AGREEMENT HAVING BEEN ORIGINALLY ENTERED INTO BY THE PARTIES ON APRIL 1, 1976; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN ADDENDUM BETWEEN THE CITY OF MIAMI AND GROVE KEY MARINA, INC., A FLORIDA CORPORATION, SAID ADDENDUM HAVING BEEN ORIG- INALLY ENTERED INTO BY THE PARTIES ON JANUARY 31, 1977; FURTHER APPROVING AN AMENDMENT TO A SUBLEASE AGREEMENT BETWEEN GROVE KEY MARINA, INC., A FLORIDA CORPORATION AND GROVE RESTAURANT LIMITED, A FLORIDA LIMITED PARTNERSHIP, SAID SUBLEASE AGREE- MENT HAVING BEEN ORIGINALLY ENTERED INTO BY THE PARTIES ON JANUARY 31, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Rose Gordon. Mayor Ferre: what's the next item? Mx, Sakolsky: Well Maurice, I'll tell you something, it's really something, it's amazing at 12;50 at night you can change in the middle of ... Excuse me, that's beautiful, I love to see that. ..., Mayor Fevre: I am consistent in my feeling on this, 191 JAN 18 67, AMEND RESOLUTION 7805g REBARDINa EMPLO MENT OP LAW PIRM OP SNYDER; YOUN4) STERN) BARRETT AND TANNENBAUM "JOSEPH COOK ET AL". The following resolution was introdueed by Commissioner Plummer, who moved its adoption: REEOLUTION NO, 70-63 A RESOLUTION AMEND/NO SECT/OH 1 OP RESOLUTION O. 76-7S00 MOM =ban 14, 1978, ENT/TiEbt “A RESOLUTION APPROV/HG, RATIFYING AND CONFIRMING ACTION OP THE CITY ATTORNEY KEW-MHO THE EMPLOYMENT OF THE LAW P/AM Or SNYDER, YOUNG, STERN, BAARETT t TANNENEAUM TO A -EPA -EMT THE CITY OP MAN/ /N THE cASE OP JOSEPH COOK V. CITY OP MIAMI, ET AL., U.S DISTRICT COURT, SOUTHERN DISTRICT OP FLORIDA, CIVIL AcT/ON 408-3225-c/V-aG; FURTHER AUTHOR/2/NC THE PAYMENT OF $10,339.40 TO THE SAID LAW FIRM WITH FUNDS THEREFOR ALLOCATED PROM THE SELF-INSURANCE TRUST FUND; LIMIT- ING THE TOTAL PAYMENT TO SAID LAW FIRM TO $30,000 UNLESS FURTHER AUTHORIZED BY THE CITY COMMISSION." BY ADDING THE FOLLOWING UNNUMBERED PARAGRAPH THERETO: "THE EMPLOYMENT OF THE ABOVE LAW FIRM OF SNYDER, YOUNG, STERN, BARRETT & TANNENBAUM CONSISTS OF HAVING ENGAGED THE SERVICES OF JOHN R. BARRETT, ESQ. AND THE SERVICES OF BURTON YOUNG, ESQ. IN CONNECTION WITH THE REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF JOSEPH COOK V. CITY OF MIAMI, ET AL., U. S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CIVIL ACTION #78-3225 - CIV-JG." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 68. AUTHORIZE CITY MANAGER TO RETAIN SPECIAL CONSULTANT - FEASIBILITY STUDY FOR WORLD TRADE CENTER - HUNTER - MOSS. Mayor Ferre: All right now, on this Hunter -Moss thing, have we passed that? All right, Gibson moves. Plummer, it has been amended to $6,000. Mr. Plummer; Yes, $6,000 is what...., Ws. Gordon; This resolution 1 have doesn't say Hunter -Moss, it says "A special consultant", Does it say it in the text? Mayor Ferrel Yes. It Says, ",,,a contract with Hunter MOW, Mrs. Gordon; Oksy. 192 JAN 18 The following reeoiutieri Was intf ue d by COMBilleienef Piu er, who moved itt adoption! RESOLUTION Ms 1944 A RESOLUTION AUTO R!E#i4G THE CITY MANAGER TO RETAIN A SPECIAL CORSMANT TO wow THE WOROMIC DEVELOPMENT PLAN AND FEASIttLe tTY STUDY POR A WORLD TRADE 'CENTER AND PREPARE AN ECONOMM ANAt,YSfS OP SAtb REPORT WITMt t THnTY DAYS uSIMO PONDS PROM THE CONVENT/ON CENTER PfJNb, (Here follows body of teeolutUon, omitted here and Oh 'file iri the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the fallowing vote - AYES: CtanmiSeiotier Rose Cordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor . La Plummer, Cr. Mayor Maurice A. 'erne 69. CHANGE BATES OF FEBRUARY CITY COP1MISSION MEETINGS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-65 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JANUARY 25, 1979, TO TAKE PLACE ON FEBRUARY 1, 1979, AT 4 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.. 79-66 A RESOLUTION RESCHEDULING THE REGULAR CITY, COMMISSION MEETINGS OF FEBRUARY 8 AND FEBRUARY 22, 1979 TO TAKE PLACE ON FEBRUARY 22, 1979, AT 9 A.M. AND 8 P.M., RESPECTIVELY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner _Lacasa, the resolution was passed and adopted by the following vote - AYES; Cc nissioner Rose Gordon Commissioner Armando LacaeA Commissioner (Rev.) Theodore :Oson Vice -Mayor 0, L. Plummer; Jr. Mayor Maurice A. Ferro NOESM None. 193 JAN 18 • 'Os PERSONAL APPEARANCE PREb ROTH. Mayor Pare: Is there ahythihg else before mr. fired Rath: Mrs Mayer, 0116 more ebrabht instructed to give to the Marina Operetioht tract for the Miamariharei�i Mayor Pelle: YOU are gob ihstructed. Mrs Roth: Thank you, this Commission/ please. Could the City Mahager be Review COMMittOe the proposed eoh- There being no further business to come before the City Con= mission, the meeting was adjourned at 12:55 O'Clock A,M. ATTEST: RatO G. Ongie CITY CLERK Natty Hikai ASSISTANT CITY CLERK 194 Mautiee A. FgAlLe MAYOR TUB Oral JAN 18 • �w66 664tto le ° 96 ITEM NO 1 COMMISSION AGENDA AND CITY CLERK REPORT CITY OF M!LI,/MI DOCUMENT D DOCUMENT IDENTIFICATION 2 APPOINTING ARMANDO E. LACASA AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MILAt lI . MEETING CASE: Janutty 18, 1979 COMMISSION ACTION RETRIEVAL CODE NO. 0001 R-79-2 79-2 3 AUTHORIZING THE CITY MANAGER TO ENTER INTO A C0TTFCTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYMEE ORGANIZATION KNOWN AS THE vatilia GENERAL EMPLOYEES, AFSCME LOCAL 1907. R-79-3 79-3 4 ACCEFriNG A DRFD OF DEDICATION FROM FLORIDA EAST R-79-6 79-6 COAST PROPERTIES, INC. 5 AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITA- TIVE SERVICES FOR RECREATIONAL PROGRAMS FOR THE MENTAL LY RETARDED. R-79-9 79-9 6 ACCEPTING THE DEDICATION OF THE BRIDGE CONNECTING THE EASTERLY TERMINUS OF S.E. 8TH STREET WITH CLAUGHTON ISLAND. R-79-10 79-10 7 CONFIRMING ORDERING RESOLUTION NO. 78-790 R-79-12 79-12 8 CONFIRMING ORDERING RESOLUTION NO. 78-791 R-79-13 79-13 9 CONFIRMING ORDERING RESOLUTION NO. 78-791.1 R-79-14 79-14 10 STRONGLY URGING PROMPT AND FAVORABLE CONSIDERATION BY THE FLORIDA DEPARTMENT OF EDUCATION OF THE PENDING APPLICATION FOR FUNDING APPROVAL OF THE CONSTRUCTION OF THE NEW BOOKER T. WASHINGTON SENIOR HIGH SCHOOL R-79-15 79-15 1 1 2 3 L 0 AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELE- GRAPH COMPANY TO USE THE CITY STREETS DURING 1978 AND 1979 IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS R-79-17 79-17 ACCEPTING THE BID OF INTERCOUNTX CONSTRUCTION CORPORA- TION OF FLORIDA IN THE AMOUNT OF $3,467,75, THE TOTAL BID OF THE PROPOSAL, FOR THE PINES SANITARY SEWER IMPROVEMENT SR-5450-C R-79-18 79-18 PERMITTING AN EXTENSION OF HOURS OF SALE ON JANUATY 21, 1979 FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES. R-79-19 79-19 AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LORI BIVINS,`WITHOUT THE ADSSION OF LIABILITY, THE SUM OF $8 , 500.00 IN FULL AND COMPLETE SETILMENT OF ALL BODILY INJURY AU'WIIORIZING T DIRECTOR OF FINANCE TO PAY TO ARTHUR WILLIAMS, WITHOUT THE ASSION OF LIABILITY THE SUM OF THIRMN THOUSAND ($13,000,00) DOLLARS IN FULL MT COM $ETrumr OF HIS AIM AGAINST THE :CITY ,OF MAK R-79-2I 79�2 R-79-22 7942 • OCUMENHN DEX CONTINUED .. simigromm 1TM NO, DOCUMNT 1D N1D'1CATION 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AUTHORIZING THE DIRECIbi OF FINANCL TO PAY TO .JOAQUIN VEINANDEZ AND GLADYS FERNANDEZ WITHOUT THE ADMISSION OF LIABILITY, THE SUM OP $5100.00 IN FULL ANb COMPLETE SETTLEMENT OF ALL BODILY INJURY, ACCEPTING THE COMPLETED WORK PERFORMED BY PNEUMATIC CONCRETE, INC. AT A TOTAL COST OF $22,900,00 FOR THE MARINE STADIUM -STRUCTURAL REPAIRS-1978 ACCEPTING THE COMPLETED, WORK PERFORMED BY RUSSF1J., INC. AT A TOTAL COST OF $18,230,00 FOR THE 1-95 EXIT RAMP LANDSCAPING CON+UNITY DEVELOPMENT PROJECT ACCEPTING THE COMPLETED WORK PERFORMED BY HOLLAND PAVING COMPANY, INC AT A TOTAL COST OF $130,250,90 ACCEPTING THE COMPLETED WORK PERFORMED BY JOE REINERTSON EQUIPMENT COMPANY AT A TOTAL COST OF $106,048.00 ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $188,491.80 ACCEPTING THE BID OF F&F CONSTRUXiON CO,, INC. RATIFYING AND APPROVING A ONE YEAR EXTENSION OF EMPLOY- MENT PAST THE AGE OF 71 FOR ARTHUR HARGRAY APPOINTING MR. DANIEL K. GILL AND MR. JOHN J. ENGLE AS MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION AUTHORIZING THE CITY MANAGER TO AC(»'IA GRANT AWARD OF $1,250 FROM READING IS FUNDAMENTAL, INCORPORATED ACCEPTING THE BID OF RIMER MATERIALS CORP, FOR FURNISHING READY MIX CONCRETE ON A CONTRACT BASIS, AS NEEDED, FOR ONE YEAR FOR THE DEPARTMENT OF PUBLIC WORKS ACCEPTING THE BID OF CONTROLLED ENVIRONMENTS OF FLA. FOR FURNISHING 500 TOTE BARRELS FOR THE DEPARTN1 OF SOLID WASTE; AT A TOTAL COST OF '$9,525. ACCEPTING THE BID OF GRAPHIC'S ORGANIZATION FOR FURNISHING 100,000 COLOR BROCHURES FOR THE DEPARTMENT OF LEISURE SERVICES'AT A TOTAL COST OF $5,185. ACCEPTING THE BID OF ADDRESSOGRAPH MULTIGRAPH CORP, FOR THE LEASE -PURCHASE OF ONE 'IWO COLOR PRINTING PRESS FOR THE DEPART OF BUILDING AND VEHICLE MAINTENANCE AT A IOTA% COST OF $15,604 ACCEPTING THE BID OF jUELLE BROS,, INC, ACCEPTING 'THE BID OF BEN JURt TE, INC, FOR FURNISHING DEMOLITION AND R VAL, OF AN UNSAFE BUILDING FOR THE DEPARIMENT OF BUILDING AND ZONING ACCEPTING `THE BII $ RECEIVED FROM NINETEEN 9) $UP PLIERS, AND APPROVI SIX .0.6) ADDITIONAL VENDORS OF AU'I'1 AND MAW Egarwalr FARTS ACTION_.... o _.CO .NO. R-79�23 79-23 R-79-24 79-24 R-79-25 79-25 R-79-26 79-26 R-79-27 79-27 R-79-28 79-28 R-79-29 79-29 R-79-30 79-30 R-79-32 79-32 R-79-33 79-33 R-79-34 R-79-35 R-79-36 R-79-38 R-79-39 R-79-40 R=79-41. 79-34 79-35 79-36 79.38 79.39 79.40 79.41 CUMENI'INDE AM WO DOCUMEN1 IDENTIriCATtON CONTINUED 33 34 35 36 37 39 40 41 42 43 45 46 47 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN IRE CITY OF MIAMI AND MORTON/WOLFBERG ALVAREZ/TARACIDO/SEIGLE & FRESE, ARCRITECTS, ENGINPRS, PLANNERS, TO PROVIDE IRE NECESSARY PROFESSIONAL SERVICES CONFIRMING THS REAPPOINTMENT OF MARK D. CAUTHEN TO THE OFF-STREET PARKING BOARD Or THE CITY OF MIAMI CONFIRMING THE REAPPOINTMENT OF ARNOLD RUBIN TO THE OFF STREET PARKING BOARD OF THE CITY OF MIAMI APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD ALLOCATING A SUM OF $19,500 FROM THE CITY OF MIAMI ,FISCAL YEAR 1979 BUDGET: SPECIAL PROGRAMS AND ACCOUNTS: RESERVE FOR FIXED AND SUNDRY: MATCHING FUNDS FOR EEDE- RAL GRANTS, TO METROPOLITAN DADE COUNTY FOR USE BY THE OFFICE OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL AUTHORIZING THE ISSUANCE OF A CONDITIONAL BUILDING PERMIT TO PERMIT CONSTRUCTION OF AN AUDITORIUM BUILDING AND BRIDGE FROM SAID BUILDING TO THE EXISTING BUILDING AT THE I3ASCOM PAYER EYE INSTITUTE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DADE COUNTY FOR THE PROVISION BY THE CITY OF MIAMI OF PROFESSIONAL PLANNING SERVICES FOR THE DOWNTOWN PEOPLE MOVER PRELIMINARY ENGINEERING PROGRAM AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES, IN AN AMOUNT NOT EXCEEDING $45,000, TO IMPLEMENT A CCM- MUNITY ECONOMIC DEVEUMMENT DEMONSTRATION PROJECT FOR THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES, IN AN AMOUNT NOT EXCEEDING $70,000. AUTHORIZING THE cutmamERTo EXECUTE AN AMENDMENT TO THE SUPPLEMENTAL AGREEMENT WITH O'LEARY-SHAFER AND ASSOCIATES, P.A. AUTHORIZING THE CITY MANAGJ TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE LEASE OF PROPER-1 TY LOCATED AT 451 N.W. 5TH STREET DESIGNATING NEWSPAPERS IN 'WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF FOR DELINQUENT SPECIAL 13vIPROVEMENT ASSESSMENT LIENS :SHALL BE PUSLISHED, ACCEPTING THE PLAT ENTITLED NELL° GRCVE, A SUBDIVISION IN 71-1E cm OF IIIAM AVIHORIZING THE CITY mANAGER To ENTER INT0 CoNTRAcrr$ BETWEEN TtlE CITY OF KW AND WISMER ASSOCIATES, INC ESTABLISHING THE CITY OF MIAMI UNIVFASITY OF KAI JAMES L MIGHT DITERNATIoNa, CAR ADVISORY Ti OF 'ME VOTING les5ERS TO 13E AMIN= BY R1E CITY CMSSION R-79-42 R-79-43 R-79-44 R-79-45 R-79-46 R-79-47 R-79-48 R-79-49 R-79-50 R-79-51 R-79-52 R-79-53 R-79-54 R-79-55 R-79-56 • ETRI L ID" 79=42 79=43 79-44 79-45 79-46 79-47 79-48 79-49 79-50 79-51 79-52 79-53 79-54 79-55 79-56 AIM NO4 DOCUMENT IDENTIFICATION . 48 49 50 51 52 53 54 APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MTAMI/ UNIVERSITY OF tit= JAMES L= KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE ACCEPTING THE ATTACHED "PRELIMINARY DEVELOPMENT PLAN" AND FEASIBILITY STUDY FOR A WORLD TRADE CENTER PREPARED BY MIAMI WORLD TRADE CENTER, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMWT TO AN AGREEMENT BETWEEN THE CITY OF MIANII AND GROVE KEY MARINA, INC. AMENDING SECTION 1 OF RESOLUTION NO. 78-759 AUTHORIZING THE CITY MANAGER TO RETAIN A SPECIAL CONSULTANT TO STUDY THE ECONOMIC DEVELOPMENT PLAN AND FEASIBILITY STUDY FOR A WORLD TRADE CENTER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JANUARY 25, 1979, TO TAKE PLACE ON FEBRUARY 1, 1979 RESCHEDULING THE REGULAR CITY CCMMISSION MEETINGS OF FEBRUARY 8 AND FEBRUARY 22, 1979 TO TAKE PLACE ON FEBRUARY 22, 1979 AT 9. A.M. AND 8P.M., RESPECTIVELY UMENII N DEX ONTINUED.__ COM NO* ININTUYSN AtTION__ R=79 -57 R-79-59 R-79-62 R-79-63 R-79-64 R-79-65 R-79-66 79.-57 79-59 79-62 79-63 79-64 79-65