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HomeMy WebLinkAboutCC 1978-07-28 MinutesCITY OF MIAMI SPECIAL COMMISSION MINUTES OF MEETING HEL2 oN JUL 2 8 1978 PREPARED $Y THE OFFICE OrinE CITY CLERIC c I TY HALL. RAVI' 6 0/16IE CITY ci"Ak ITEM NO, 1. 2. 3. 4 . 5. 6. 7. B. 9. SPECIAL MEETING TABLE OF CONTENTS SECOND READING ORDINANCE: AMEND SECTIONS 4 (a) & 13(b) of the CITY CHARTER - Provide for enlarged CITY COMMISSION - 5 to 9 Members. RESOLUTION CALLING SPECIAL ELECTION: Submit to qualified electors - ENLARGED CITY COMMISSION 5 to 9 Members. AUTHORIZE CITY MANAGER TO RECEIVE BIDS & AWARD CONTRACTS: ORANGE BOWL STADIUM -Lower Press -refurbish Gate 14 Ticket Office Renovation. BRIEF DISCUSSION: INTENT OF USE OF REVENUES RECEIVED FROM SOUTHERN BELL FRANCHISE CALL SPECIAL MEETING: Tuesday, August 1, 1978 - 3;30 P.M. to fill vacancy CIVIL SERVICE BOARD DISCUSSION ITEM: SALE OF BEER IN THE ORANGE BOWL PUBLIC HEARING: MARINA PROPOSALS - DINNER KEY & MIAMARINA - CONSIDERATION OF WATERFRONT TRUST SELECTION OF FIRMS FOR MANAGEMENT CONTRACTS FOR OPERATION. CONFIRMING RESOLUTION: INTENT FOR USE OF REVENUES SOUTHERN BELL FRANCHISE. PERSONAL APPEARANCE; JOYCE LYNCH - Continuing problems in DAY CARE CENTERS - Referred to the City Manager. Ord. 8840 Res. 78-530 Res, 78-531 Discussion Discussion Discussion Mot. 78-532 Mot. 78-533 Mot. 78-534 Mot. 78-535 Res. 78-536 Discussion 8-1 1 12 12-76 'gun 2 819781 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * * * On the 28th day of July, 1978, the City Commission of Miami, Florida, met at its regular meeting place in said City in Special Session to consider business of public import. The meeting was called to order at 4:30 P.M. o'clock by Mayor Maurice A. Ferre with the following members of the Commission present: ALSO PRESENT: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Theodore R. Gibson, then led those present in a pledge of allegiance to the flag. who 1. SECOND READING ORDINANCE: SPECIAL COMMISSION MEETING AMEND SECTIONS 4(a) & 13(b) Of the CITY CHARTER - Provide for enlarged CITY COMMISSION - 5 to 9 members Mayor Ferre; Good afternoon, ladies and gentlemen, this is a Special Commission Meeting, you have the agenda before you. We are now on item 1l 1, which is the ordinance on Second Reading amending Sections 4(a), 4 (b) and 13 (b) of the City Charter to provide for an enlargedCity Commission from five to nine and so on. As I recall, yesterday, Mr. Vice Mayor, I'll do the same thing I did yesterday which is pass the gavel to you and make the motion at this time on second reading. Mr. Reboso: Okay, we have a motion on the floor. Mr. Plummer: As yesterday, I second the motion. Mr. Reboso: Okay, we have a motion and a second. City Attorney, will you please read the ordinance. CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD. Mr. Reboso: Call the roll, please. AN ORDINANCE ENTITLED AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTIONS 4 (a), 4 (b) AND 13 (b) OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE FOR AN ENLARGED CITY COMMISSION FROM FIVE TO NINE MEMBERS WITH THE FOUR ADDITIONAL CITY COMMISSIONERS TO BE ELECTED FROM FOUR DISTRICTS BEGINNING WITH THE 1979 REGULAR MUNICIPAL ELECTION; PROVIDING FOR A METHOD OF ESTABLISHING THE SAID DISTRICTS; PROVIDING FOR A FOUR YEAR TERM OF OFFICE FOR SAID ADDITIONAL COMMISSIONERS; SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE SPECIAL MUNICIPAL ELECTION OF NOVEMBER 7, 1978 PROVIDING THAT THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS "PROPOSED MIAMI CHARTER AMENDMENT NO. 1"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 27th, it was taken up for its second and final reading by title and adoption. On motion of Mayor Ferre, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon *Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None.. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8840. 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. ON ROLL CALL: Ars. Gordon: matter before wish to have. fir. Plummer: I vote yes. I stated yesterday that I have no opposition to placing a the electors of the City of Miami and let them decide what they I vote yes. With the same comments I made yesterday in relation, as she did, SPECIAL COMMISSION MEETING 2. RESOLUTION CALLING SPECIAL ELECTION: Submit to qualified electors - ENLARGED CITY COMMISSION 5 to 9 members Mayor Ferre: I move item 2. Mr. Reboso: Okay, Mayor Ferre move item 2. Mr. Plummer: The only problem, I seconded the motion. Mr. Manager, I question the wording, "providing for a Special Election" nRual_ly that connotation is that there is going to be a cost involved. It is my understanding that this is a regular election. Mr. Grassie: It's the run-off election, that's correct... Mr. Plummer: Okay, and it is not,in fact, a Special Election. Mr. Knox: No, there are only two definitions that can be applied under the charter, either Special Election or General Election.The General Election is on November 2nd. Any other election is classified as anSpecial Election. Mr. Plummer: Okay, with that clarification on the record and understanding, of course, second the motion. • • • • Mt. Rehm(); Okay, We, have a motion and a second. Call the question, please. The following resolution was introduced by Mayor Ferre; who moved its Adoption: RESOLUTION NO. 78-530 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF OCTOBER 1978, OR, IN THE ALTERNATIVE, ON NOVEMBER 7, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE KNOWN AS ORDINANCE NO. 8840, PASSED AND ADOPTED BY THE CITY COMMISSION ON JULY 28, 1978, ENTITLED "AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTIONS 4 (a), 4 (b) AND 13 (b) OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE FOR AN ENLARGED CITY COMMISSION FROM FIVE TO NINE MEMBERS WITH THE FOUR ADDITIONAL CITY COMMISSIONERS TO BE ELECTED FROM FOUR DISTRICTS BEGINNING WITH THE 1979 REGULAR MUNICIPAL ELECTION; PROVIDING FOR A METHOD OF ESTABLISHING THE SAID DISTRICTS; PROVIDING FOR A FOUR YEAR TERM OF OFFICE FOR SAID ADDITIONAL COMMISSIONERS; SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MLAMI AT THE SPECIAL MUNICIPAL ELECTION OF OCTOBER 5, 1978; PROVIDING THAT THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS "PROPOSED MIAMI CHARTER AMENDMENT NO. 1,; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (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:. Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Ferre: Alright, Mr. Vice Mayor, I want to make a third motion, substi- tuting from the 5th day of October, 1978, with the 2nd.day of November, 1978, as an alternate, so thatJoyce Dieffenderfer can have her choice if in case she can put it on the November ballot, I think you'll have more people voting in November and it'll be more of a choice for the people of Miami and I would leave that in her hands and trust that she chooses the best of the two dates. Mr. Knox, are there any legal problems with that? Mr. Knox: Well, there are two alternatives under the Charter in terms of Charter Amendment Elections, one of them says that election shall be held at the next general Election, the other alternative is that the election be held at a special election called for that purpose. Perhaps, we could .Lnterlinea`e in the resolution the alternative date. Mayor Ferre: Okay, then I would offer that as a substitute motion for the previous motion that passed that it would have in it either the 5th day of October, 1978 or the 2nd day of November, 1978, I don't think we have to say anything more than that. Mr. Reboso: Okay, we have a motion on the floor. 3 Mr. Plummer: It�g #ine with me just so that there's no misunderstanding. Mayor Ferre: I mean, I would just hate for all of a sudden for Joyce to say, well, you know, we really could have it on November 2nd, and then find that we didn't pass it and then the Commission is out of session and all that. Mr. Knox: Alright, it would be, "Calling for and providing a Special Municipal Election to be held on the 5th day of October, 1978 or an alternative to be held at the November 7th,General Election." Mayor Ferre: Okay, I so move. Mr. Reboso: We have a motion..., Mr. Plummer: I second it. Mr. Reboso: ... a motion and a second. Call the roll, please. THIS PROPOSED AMENDMENT PROVIDING FOR ALTERNATIVE DATE WAS INCORPORATED INTO RESOLUTION NO, 78-530. Mayor Ferre: Item #3 has been withdrawn. SPECIAL COMMISSION MEETING AUTHIRIZE CITY 3. MANAGER TO RECEIVE BIDS & AWARD CONTRACTS: ORANGE BOWL STADIUM Lower Press Box-refurbishin= Gate 14 Ticket Office Renovation Mayor Ferre: We're now on item 1i4, which is authorizing the Manager to accept and receive bids and award contracts for the "Orange Bowl - Lower Press Box - Refurbishing, etc...,any problems with that? Mr. Plummer: I have a resolution here Mr. Grassie, but without any cost attached. Mr. Grimm: It's about a$115,000 project Commissioner, roughly estimated $100,000 for the press box and about $15,000 for renovations of the Dolphins Ticket Office. We intend to go out and get bids and come back before this Commission to ratify the Manager's action. Mr. Plummer: Okay, just for the record, so nobody has a misunderstanding,this work will in no way impede the regular opening season of the Dolphins. Mr. Grimm: Absolutely not. Mr. Plummer: Alright, sir, with that I'll move it. Mayor Ferre: We have a motion on item 114, is there a second? Mr. Reboso: Second. Mayor Ferre: Seconded by Commissioner Reboso. Further discussion? Call the roll. 'JUL 2 R 147R a NNW Mffig ■M 1111111iiiMinommmum The folic:Q.1ns resolution ups introduced by Commissioner Plummet`, who tnoVed ita adoption; RESOLUTION NO+ 784-531 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FOR THE "ORANGE BOWL <.LOWER PRESS BOX - REFURBISHING PHASE I AND GATE 14 TICKET OFFICE RENOVATION < 1978" AND THE "ORANGE BOWL - LOWER PRESS BOX - REFURBIS.HING - PHASE II - 1978"; WITH FUNDS THEREFOR TO BE EXPENDED FROM THE "ORANGE BOWL ENTERPRISE FUND"; SUBJECT TO THE APPROVAL OF THE CITY COMMISSION PRIOR TO THE EXECUTION OF THE AFORESAID CONSTRUCTION CONTRACTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Vice Mavor Reboso, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Vice Mavor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 4. BRIEF DISCUSSION: SPECIAL COMMISSION MEETING INTENT OF USE OF REVENUES RECEIVED FROM SOUTHERN BELL FRANCHISE Mayor Ferre: Now, we have before us the Southern BellFranchise fees. Yesterday we asked the Manager to come back with some specific recommendations,that the electors when they vote on it mould know what kind of projects these monies would be used for. Now, Ruse, you had a recommendation. Mrs. Gordon: I recommended that this he a matter for choice and that one of the choices should be the reduction in the ad valorem tax and I don't see anything in here that says that. Mayor Ferre: Well, add it. Mrs. Gordon: Nothing. Mayor Ferre: Mr. Manager? Mr. Grassie: There isn't anything in this particular resolution that, Commissioner. Mayor Ferre: Well, what's the difference? Mr. Grassie: The practical impact of making that a promise in my estimation is that you might as well not do this. Myaor Ferre: Why? Mr. Grassie: Simply, because you're substituting one dollar for another. Mrs. Gordon: So what?, 1 mean let's face it the property owner has taken the brunt of the burden fcr too long and now it's going to be spread perhaps to others who don't have property and aren't paying a property tax. I don't think that it's a matter of substituting one dollar for another, I think it's a matter of practicality to try to find ways of reducing the millage and this is a way that we possibly could,there are very few other ways. Mayor Ferre; Well, I agree with the premise of that, however, let's not kid JUL 2 81978. ourselves. that there is a distinction between a regressiye and a progressive type of a tax., A regressive tax and property taxes. are regressive in nature. Now, let me tell you what happened with Proposition 13, as, Rey. Jess.e Jackson so ably put the other day? do you know what happened?, out of the $8 billion dollars supposedly saved,$3 billion went to large corporations outside, mostly outside of the State of California, $2 billion dollars go to the Federal Government in the total amount, "Saved by the so-called property taxes owners in California .is $2 billion dollars", and so therefore to gain $2 billion the State of California has given up $7 billion dollars. t irs. Gordon: Well, Maurice, I understand what you're saying and yet,... Mayor Ferre: I heard Jerry Brown... Mrs. Gordon: ... and yet, I see by wording it the way we have that we preclude any possibility of doing the other. j'layor Ferre: I agree with that, Rose, and I'm perfectly willing to vote for it, with a possible choice the reduction of ad valorem taxes. Mr. Grassie: As we were drafting this, Mr. Mayor and members of the City Commission, we concluded that we could not accomplish both of your objectives. Now, we can do one or the other, which ever one you decide. We can ... Mayor Ferre: I don't agree with that at all. Mr. Grassie: Mr. Mayor, you cannot in my judgment, substitute one dollar for another ending up with the same amount of dollars that have and still have money which can be dedicated to support revenue bond issues. Now you can't use the money for ... Mayor Ferre: You didn't hear what Mrs. Gordon said. Mrs. Gordon said that she wants on the ballot to put this as a choice that obviously a future Commission is going to have,if you're telling the people that you're going to go and spend money for neighborhood commercial redevelopment in Culmer, Little Havana Specialty Center, Coconut Grove Parking, Sporting Facilities, and a Downtown J. L. Knight Parking International Center/University of Miami Parking Garage, that you also include as possibility the reduction of ad valorem taxes. Mr. Grassie: As an alt.ernaiivc? Mayor Ferre: Sure, that will he number 6, so it would read as follows: "That it is the intent of the City Commission that Southern Bell Franchise Fees in excess of 1Z, that are received subsequent to an approval by the Miami electors be used to provide financial backing for revenue bond issues. . a) to reduce ad valorem taxes, or (b) to provide financial backing for revenue bond issues and necessary feasibility studies for the projects which shall include the following, boom, boom... Mrs. Gordon: There would need to be an amendment also, in the paragraph that introduces the resolution because it recites specifically public construction revenue bond and I think that it would have to be reworded in the title as well,to provide an alternative that the Commissioners could choose either to utilize it for that or in the alternative that they could give a millage reduction,and I don't think the way it's worded we have that option. Mr. Grassie: No, the way this is worded you do not have that option. This wording tracks the ordinance which you have already adopted., Now, if you want to provide that flexibility for yourself we're probably going to have to go hack and change the ordinance also. Mr. Plummer: Well, but Joe, let me try to paraphrase it in a different way. it's not the wording for ourselves, This thing is for 30-years, you know, I don't think anybody sitting up here thinks we're going to be here half that long, and what we're doing here today..,, Mrs. Gordon: You might J. L., but I won't, Mr. Plummer: ... possibly is b.inding.... Red: Gibson: 'You know you know J.. t. Mt. Plummer: Well, I'll speak for J. t.., you know, that the people into the future we're living in a changing world. Mr. Grassie: Well, you know, I'-m entirely in favor of providing flexibility. The wording that we have tracks the present ordinance, If you would likes we can try and go back and change the ordinance on an emergency basis today, and then we will adopt this resolution. Mrs. Gordon: Okay, we can do it later, we're going to be here.. Mr. Grassie: Well, we'd have to do both those things, because what We have provided for is what you have in your ordinance., Mrs. Gordon: Okay. Mayor Ferre: Alright, then, why don't you go ahead and do that and prepare it. I'll give you a copy of what I wrote as to my recommendation as to how to do it and you do it any way you want, and that was after the words, "he used (a) to reduce ad valorem taxes or (b) to provide and so on." If you want to do this another way come up with another recommendation. Alright, now, we have til 5, and there are several things that we have to talk about, oneis the beer thing, yes, we have to pass a motion on that, don't we? Mr. Plummer: We passed it last night. Mayor Ferre: Oh, is that all done? Mr. Grassie: I think you did that yesterday, Mr. Mayor, Mayor Ferre: Oh, okay. Mr. Plummer: For the record, did you contact the firm? Mr. Grassie: No, I have not yet. Mr. Plummer: Has the City contacted the firm? Mr. Grassie: No, not yet. Mayor Ferre: Well, you got to do it, because they've only got 14 days, Joe. It was supposed to be done as of yesterday. Mr. Grassie: Yes, Mayor, but we left here at 1:30 yesterday in morning. We've been in budget sessions all morning. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Well., I'll tell you what, we're going to take a recess right now so you can accomplish that, will that give you time to do it? Mr. Grassie: Well, no, I'll have a staff person do it„ Mayor Ferre: Well, I don't mean you personally. Mrs. Gordon: What do you want done, Maurice? Mayor Ferre: He's got to contact the Miami Dolphins, he hasn't done that yet. Mrs. Gordon: Oh. JUL 2 8197a SPECIAL COMMISSION MEETING Tuesday, August 1, 1978 5, CALL SPECIAL MEETING: 3:30 P.M. to fill vacancy CIVIL SERVICE BOARD Mayor Ferre: Mr. Grassie, Mr. Plummer, ... Mr. Plummer: Excuse me. Mayor Ferre: ... we have a problem that I want to, in the Civil Service Boatd; and that as you know, and I think this is a matter of great honor to the City that our own Mr. Argues has been selected by one of the candidates to run as candidate for Lieutenant Governor and as a consequence he has. had to resign. Mrs. Gordon: Has he left the position? Mayor Ferre: Yes, he has and he has tendered his resignation. He has given it to me in writing and of course, to the Civil Service Board. Mrs. Gordon: Effective when? Mayor Ferre: Effective immediately. Mrs. Gordon: Okay. Mayor Ferre: And, therefore there's a vacancy, and I think what we ought to do is that I will open it up for nominations, you nominate who you think and then. we'll do it the way we always do, we can write down... Mrs. Gordon: ...Does the Civil Service Board meet in August? Mayor Ferre: Well, there might be a meeting, and that's something that. Mr. Plummer: Well, excuse me, it's immaterial. Mayor Ferre: ... I'll ask Mr. Bond. Mr. Plummer: Mr. Mayor, I am not in any way shape or right now. Mrs. Gordon: Neither. am I. Mr. Plummer: Now, I'm sorry, this is the first. I,of course,knew that Mr. Argues had been chosen but until you have just announced it, sir, I was unaware that he resigned and until such time as I have had some time to ... Mayor Ferre: Fine. Mrs. Gordon: Me too. Mr. Plummer: ... so it's, to me... Mayor Ferre: We'll take it up in September then,...1 if you have any kind of an emergency, I don't know,I will call the Commission and I will warn you that I am very sorry if you are on vacation or out-of-town... Mrs. Gordon: You're not leaving town, Mayor, are you ? Mayor Ferre: If I can get three people here we will have a Special Commission Meeting to appoint that member. I think it's a dangerous thing to do, to have four members. Hrs. Gordon: Maurice, when did you get the letter f ram him? Mayor Ferre: The letter was this morning. Mra. Gordon: We haven't had two minutes notice. Mayor Ferre: Yes, well, but this is the last time we're going to meet until.'. JUL 9 P 10711 MEM roWeeWit MMEW MOW e. September, and I talked to Mr. Atques this morning and you know., Mr. Hans Tanzler has. insisted that he resign because under the law he has too, and,therefore,it creates and immediate vacancy.. I assume then the Civil Service Board is not meeting. (BACKGROUND COMMENTS) Mayor Ferre: ...There are three meetings in August: Mrs Plummer, how much time will you need ? Because I'll call a Special Commission Meeting, will Monday be alright? Mr. Plummer: Mr. Mayor, I'll be glad to let you know when I'm ready,sir. Mayor Ferre: Well,Hr.Plummer, I don't mean to be rude to you, I will wait for a certain amount of time and then 1 will call a Special Commission Meeting. Mr. Plummer: Okay, fine. Mayor Ferre: You know, 1 don't want to be arbitrary about this and I'll give you as much time as is reasonable but I certainly want to appoint before that next meeting. In fact, I, ... would you tell me when the next meeting is so he can determine it right now? UNIDENTIFIED SPEAKER: The next meeting is August 1st. Mayor Ferre: Alright, I will call a Special Commission Meeting on Monday and I'll give you the time right now. Mr. Reboso: I'm am going out-of-town and arriving at about 5:00 o'clock in the afternoon or something like that. Mayor Ferre: You're leaving at 5? Mr. Reboso: No, no, Mayor Ferre: Oh Mrs. Gordon; Monday' at Mr. Reboso: Monday 'at r), I lave a program at 6:30 P.M. Mayor Ferre: Oh Boy, out the problem is you're having a meeting on Tuesday. Mrs. Gordon: Well. if a Commission can meet with four members, how come a Civil Service Board would be so crippled that it couldn't be with four members? Mayor Ferre: For a very simple reason is that you well know. Well, we certainly don't want to have a Commission meeting, well, I can get Mr. Argues to withdraw, perhaps, and be at that one other meeting, he can withdraw his resignation until then. Mr. Reboso: Can we have the meeting Tuesday at 8:00 o'clock? Mrs. Gordon: When is the meeting after the 1st, Mr. Krause, the next meeting? Mr. Krause: Mr. Mayor, members of the Commission, as you know, one of the problems of the Civil Service Board meeting with an equal number of members is that they conduct appeal hearings. There are three appeal hearings scheduled for Tuesday of next week. If they come to a tie vote- there are certain legal implications that that has, some of these things have been appealed to court, becomes a very difficult kind of thing. I was asked two questions I guess, the first meeting they have is Tuesday, August 1st. The next meeting they have in August is Monday, August 14th, at which they have a re -hearing of an appeal that was heard two years ago, which ended in a tie vote and went to court and has been remanded by the court to the Board for a rehearing. The next day,Tuesday August 15th is a regular meeting also with three appeal hearings scheduled for that day. Mrs. Gordon: Okay, Mr. Mayor,... Mr. Plummer: And there is a prohibition against re -scheduling? JUL 28197 ■ Mt. Krause: There's not a prohibition against re -scheduling. Many of these case have been re -scheduled, and as a matter-vf-fact, the case that is scheduled for the 15th which was heard two years ago, was re -scheduled. The Judge ordered that it he heard on the 28th of July, but two witnesses were unavailable to be subpoenaed so the Civil Service Board voted to re -schedule that one for the 14th of August. Mr. Plummer: I guess it's all a matter of priorities, isn't it? Mayor Ferre: Re -schedule .it. Mr. Krause: I may say that 1 talked tothe Chairman this morning about the question of whether the attorneys for these appellants should be advised of the oroblem of four members and it was the Chairman's decision that the Board would have to go forward with these hearings because so m':ch of this backlog results from the fact that earlier meetings of the Board when there were fiye members resulted in certain absences and hearings that had been scheduled previously have been re -scheduled two or three times. It's my understanding that at least the Chairman of the Board is prepared to go forward on Tuesday in the hopes that they will be able to reach a majority vote rather than a tie vote. Mr. Plummer: We wish them well. Mayor Ferre: Oh, we're back to re -scheduling time. Then as I understand it Commissioner Reboso, you'll he back at 5:00 o'clock, you've got a 6:30 television appearance and the meeting is Tuesday at what time? Mr. Krause: 9:00 o'clock, sir. Mayor Ferre: I don't know how in the world you're going to appoint somebody and have them here by 9:00 o'clock Tuesday to sit in on something as important as these things are. Mr. Plummer: That's exactly correct, and it's a very important and crucial decision to make selecting the right person. Mrs. Gordon: Absolutely, 1 agree, and I do agree that also we haven't had a five days notice Mr. Mayor, so it isn't even proper for us to have to pull something out of our heads. Mayor Ferre: Mr. Krause, willyou tell the Chairman to cancel the meeting on Tuesday. Mr. Plummer: I think that would be very proper. Mayor Ferre: We'll have to then meet, well, it won't be Tuesday because Mrs. Gordon... 1 don't know whether, ... Mr. Knox, on an appointment I guF.s 5- day rule applies too. Mr. Knox: Well, if this is a regular meeting, of course, the 5-day rule has not apply to special meetings. Mayor Ferre: This is a special meeting. Mr. Knox: 5-day rule does not apply to special meetings. Mayor Ferre: Well, in other words, if I call a special meeting there is no 5-day rule, okay, I get you. So then on Tuesday, we could call a special meeting for this purpose, will that give you enough time, J. L.? Mr. Plummer: Maurice, I hope it does, I really do, because, like to get it done and behind us, but each and every one of would like to proffer a name that we feel comfortable with. Mayor Ferre: Is that alright with you, Father, Tuesday? Rev. Gibson: Thursday? Mayor Ferre: Tuesday? (INAUDBILE BACKGROUND COMMENT) 10 you us, know, I'd I'm sure • • • • Mayor Ferre: Ros.el is that alright with you? Mts. Gordon: Thursday? Mayor Ferre: No, Tuesday, Rev. Gibson: Tuesday? Mayor Ferre: Tuesday, this coming Tuesday. Mrs. Gordon: Thursday I'd be more available than I am on Tues.dayk Mr. Reboso: The only day I'm going to be in town is Tuesday, I'm arriving on Monday and leaving on Wednesday. Rev. Gibson: If I were to go for Tuesday it must be before 11;00 or after 1;00. Mayor Ferre: Before 11:00 or after 1:00. Mrs.. Gordon: It would have to be after .1:00 then. Rev. Gibson: Alright, 2:00 o'clock. Mayor Ferre: Rose, what time do you have? Mrs. Gordon: I'm tied up in the morning, all the morning. In have something I'll try to cancel it but it won't be, I won't be 3:00 because 1 have a speech to make. the afternoon I through until Mayor Ferre: Well, let's make it 3:30 to give you a little extra time. Mrs. Gordon: Okay, alright, Mayor Ferre: Father, is that alright with you? Rev. Gibson: Fine. Mayor Ferre: Manolo, is that alright with you? Mr. Reboso: Yes. Mayor Ferre; J. L., at 3:30? Mr. Plummer: As far as 1 know. I don 't,have"August calendar is my problem, my secretary is not in. Mayor Ferre: Okay. Mr. Plummer: As far as I know it's alright. Mayor Ferre: Alright, we're going to have a Commission meeting Tuesday at 3:30 for the purposes of selecting a ... filling the vacancy in the Civil Service Board. Okay, I think, it's almost 5:00, so can we begin a little earlier, Mr. Manager? Mrs. Gordon: Just a couple of minutes more, SPECIAL COMMISSION MEETING 6. DISCUSSION ITEtl; SALE OF BEER -IN THE ORANGE BO"IL Mr. Grassie: Mayor Ferre: #5. Yea, Mayor. It's your turn, you are ... it's your meeting. This is item Mr. Grassie.: First., Mr. Mayor, a report on the question that you asked just a minute ago with regard to the company having made an offer on beer in the Orange Bowl,we have had a staff person contact them, they're agreeable to all the terms that we have outlined in the .letter that would be going to the Dolphins, the same terms that appeared in their first letter. We have not had a chance to do the things that Commissioner Plummer asked, that is that we be assured of their financial stability and their record in the catering field and all of these things, of course, we have not had a chance to do but we will try to get that done and ... Mr. Plummer: Excuse me, Mr. Grassie, you know, I couldn't have been clearer yesterday on the record and off the record that you had to be comfortable with this company as I felt comfortable, but you know, I'm not an expert negotiator, and I didn't go into any fine details with this company and I don't want this City if you find a pitfall in this company. Mr. Grassie: Excuse me, Commissioner, I'm not indicating to you that we have any reservations about the company, it's simply a question of time. I haven't had a chance to get those things done, that's all I'm indicating to you, but we will get them done. It's just a question of time. Mr. Plummer: Yes, but have you sent the letter to the Dolphins. Mr. Grassie: No, I have not sent a letter to the Dolphins. The letter is, right here. Mr. Plummer: Excuse me, I misunderstood, sir. Okay. Rev. Gibson: Can't we proceed? Mr. Plummer: Well, Father, I don't want him to proceed in sending that letter until such time as he feels as comfortable as I felt with the proposal. He's professional, he's got a staff that can exa`Tine that company forward, backward and sideways, and if he feels as comfortable, that was part of the motion then the letter is asnt ., SPECIAL MEETING 7. PUBLIC REARTN S: MARINA PROPOSALS- DINNER KEY & & MIAMARINA CONSIDERATION•IF WATERFRONT TRUST SELECTION OF FIRMS FOR MANAGEMENT CONTRACTS FOR OPERATION Mr. Grassie: Now, Mr. Mayor, and members of the City Commission, if you would like to start the.portion of your meeting which is scheduled for 5;00 o'clock, I would like to suggest this order of proceeding and this is conditioned mostly by the precedent that we have. If you remember in the first meeting that we had on this subject there were a number of people in the audience who wanted to speak to the question. We were, because of the lateness of the day not able to hear all of those presentations. What I would suggest to you is that we start with a very brief statement of the recommendations of your staff,that we then,open up the floor to all of those citizens who wanted to comment before, that we in third place offer an opportunity to the group which has been interested in supporting the Marina Trust proposal to make their presentation and I think that we had promised them time and in fairness we should allow them to fully explore their position. I think that we should also, as a fourth item, ask the parties that have been making proposals to the City, whether they are willing to go forward with their proposals under the circumstances of the recommendations, because the recommendations do place some limitations and do represent some Variance from the OF original proposals and ip fifth places that we. open up to the City CoinMissioxt for questions and for exploration of anything that you would like to have clarified.. Mayor Ferre: Tell me again, where the trust fits in.. Mr. Grassie: Well, in order that we had outlined, after the initial recommendation, and after the publir discussion, you would receivea-full presentation on the trust question, get the position of the proposers with regard to whether or not they're willing to continue their proposals under the terms that we're outlining for you in the recommendation, and finally open up for questions. One of the things that I would like to have the City Commission have an opportunity_ to do is to question the financial advisors to the City, Hough & Company. Mayor Ferre: Are they here? Mr. Grassie: They are here, and of course, you have their report, but you may want to question them personally with regard to their results. Mayor Ferre: Alright. Okay. I have one question of you before we get started on the procedure, and then we can talk about the procedure and then we can . the preliminary question is did the Administration make their recommendations before or after, I mean, the Hough Organization's recommendation? Mr. Grassie: After. Mayor Ferre: After. Mr. Grassie: Yes. Mayor Ferre: So you took the Hough recommendation`in your deliberations into account. Mr. Grassie: Oh, ylea MayorFerre: I st.e ,they were very much apart of it. Alright, Mr. Plummer, you had a... Fr . `Plummer: `v,el i , Mr. Mayor, you know, I'm ... very upset by this letter which is in front of rye, and if nothing more, I think should be read out of courtesy to the writer, because obviously the Administration as well as, I think this Commission put a lot of credence in a so-called advisory committee and... Mayor Ferre: Plummer, would you read it into the record so that we'd have it? Mr. Plummer: Alright, sir. This is a letter addressed to Mr. Grassie, dated the 26th of July. "Dear Mr. Grassie: As a member of the Miami Marina Review Committee, I would like to briefly present my opinions to you regarding the lease/management proposals and marina trust proposal. I will be out-of-town on Friday, July 28, 1978 and will not be able to attend the public hearing . In addition to being a member of the Review Committee, I am the publisher of GO BOATING, immediate past president of the Marine Council, 1st Vice President of the Marine Industries Association of Florida, past Director of the Greater Miami Marine Association and immediate past president of the Admirals of the of the Fleet of Florida. There are four areas which I would like to address: (1) Mr. Ike Iaconis (2) Dinner Key Marina (3) Miamarina and (4) the Marina Trust. (Number one, and this is what bothers me tremendously, that's my comment.) 1. The statements of Mr. I.aconis at the June 22nd Commission meeting were not entirely the views of the majority of the Review Committee. His bitter attack on one of the proposers was entirely unjust and uncalled for and did not reflect the views of myself or Mr. Sawyer, the other committee member. Also, his reference to marina operations favorable to the Marina Trust proposals were again not discussed by the committee and represents his own personal views. Mr. Iaconis was selected Chairman of the Review Committee by a draw of straws and I feel that he misused his position as chairman by expressing his personal views as that of the report of the Committee, I believe he should have disqualified himself, since we now know that he is an outspoken advocate of the Marina Trust which is directly in conflict with the Lease/Management Proposals which he was to objectively judge. 2. Dinner Key Marina. It is my opinion that the proposal of Dinner Key Marina, Inc. offers the best in management and financial return to the City. The experience of Mr. Spencer Meredith and Mr. Robert Carter in the operation and management of the marina is considered to be superior. 3. Miamarina. Although Biscayne Recreation Development offers, the City the greatest financial return, it my opinion that the proposal of the New World Marina$,Ince, should be strongly considered., Their plan calla for many innovative ideas that will greatly enchance Miami's reclamation of being the "Yachting Capital of the World", a title which has been taken from us by our neighbors to the North,Ft. Lauderdale. The yachting world knows of Pier 66 and Bahia Mar. I believe that Miamarina can surpass this status and New World Marinas,Inc. offers the best opportunity to achieve this. This is one case where innovation should be considered,not just dollars.. 4, Marina Trust. This proposal is born from the Marina Tenants Association and is, in my opinion, organized solely to keep low rates at the City marinas. I agree entirely with the comments of Mayor Ferre that the public officials are elected to run the community, not to create authorities to do the jobs and that in luxury or recreational facilities, that if you can involve the private sector you are much better off. Mr. Pete Sawyer, the third member of the Review Committee is out of the country at this time and will not be present for July 28th hearing. He has, however, previously reviewed these views and is in agreement with the opinions in this letter. Mr. Grassie, thank you for this opportunity to serve the City of Miami. I particularly want to commend Dick Fosmoen and Clark Merrill for their extraordinary cooperation. I do hope that I can be of service to you and the City in the future.. Signed, Sincerly, Richard R. Cummins, Member of the Review Committee." Now, my question, Mr. Grassie, after you have read this letter and this represents the third or possibly two-thirds of the thinking of a committee. I think it's 180 degrees in the report that was made to this Commission. I really, I guess, what I'm saying is I'd like you to comment.. Mr. Plummer: Does the Clerk have a copy?, I'll give you my copy. Mr. Grassie: Commissioner Plummer, and members of the City Commission, it's particular difficult to comment on this sort of thing because it's impossible to do it without getting into personalities. I had relatively, brief contact the advisory committee, my staff had daily contact with them when they were meeting. I became aware towards the end of the process that there was a difference of opinion with regard to what the City ought to do within that committee of three people. I had not realized, I guess until I received this letter that the reaction of two of the committee members was asstrong as apparently it was after that report that you received the first time. The only immediate reaction that I got was that the other two members did not want to serve any longer with Mr. Iaconis, and consequently, I did not call the committee back together after that meeting. Mayor Ferre: Mr. Grassie, in the interest I think of expediting things, unless Mr. Iaconis wants a personal privilege to answer, which I would allow him that privilege if he wants it. I don't think that we're going to accomplish one single thing by delaboring that point anymore than what the statement of the letter, and it is not our committee. It is the committee that you appointed, you've made your statement, Mr. what's his name, made his statement from GO BOATING and Mr. Iaconis can make his, and then let's get on with the business at hand. Mr. Plummer: Mr. Mayor, please, the only reason that I brought this up and I was asking Mr. Grassie to comment was I have to know how much emphasis was placed on the committee report, because as proposed before this Commission, the committee report, and I'm almost certain Mr. Iaconis indicated was the majority thinking of the committee. Mayor Ferre: Mr. Grassie: Mr. Plummer: Well, then, if that's the case... That is correct, Commissioner, of the two... Excuse me, but yet, we have a letter saying that ain't true. Mr. Grassie: No, that is exactly true, Mr. Iaconis, was the minority on that committee. He said it was a majority report. It was a majority of two people, the other two people. Mr. Iaconis: No, that's not correct, sir. My would you mind? Mayor Ferre; Ike, I'm going to let you do it and I think you're completely entitled to do it. 14 J U L 2 81978 fc iaconiat Thank you, Mayor Ferre: And, I realize because your name is invoived Mr. Iaconis: Yes, sir. Mayor Ferre: ... this guy is giving some pretty strong accuastions, I understand how I'm sure you feel, but the point is that we're going to sit here splitting hairs and getting away from the thrust of something which is very important, which is we have three recommendations on two marinas and the possibility of creating a trust and that's really what we should address ourselves to. Mr. Iaconis: I agree, Mr. Mayor. I'm taken backa bit by the letter but I'd like to address it. In specific answer to the comment concerning a report. Ok. there was a complete list of all of the pros and cons of each proposer that was prepared by the committee. In the preparation of the report, I requested the other two members to each take a part in the final presentation _they declined. They said that I could do it and that we would agree upon the factors that would be presented. We met and we discussed each and every one of the items that you have read in the minutes of the meeting. There were several other items that had been discussed that did not have a unanimous agreement that they should be presented before the Commission, they were not presented before the Commission. The only items presented before the Commission had the unanimous 100% agreement by all three members of the committee prior to my standing before you. What did happen was that when Mr. Meredith had a very poor presentation, one of the members, Mr. Cummins came to me and said I better not make it any worse for Spencer Meredith, and I said, that I would present my report exactly as we had agreed and he was very disgruntled. Another comment made by Mr, Cummins to me and I would wish to make it public at this time,was that when we attempted to verify one of the items that Mr. Meredith made concerning his endorsement by the Coconut Grove Sailing Club, he said, he had the endorsement of the Coconut Grove Sailing Club and had spoken to the Board of Directors. I received a letter from the Commodore of the Coconut Grove Sailing Club saying that in no way did he endorse it and he gave me a copy of a letter of March 18, 1978, that said, that Mr. Meredith we are not endorsing your proposal. Mr. Meredith did say so at our presentations. When I discussed this with my fellow committee members I was told by Mr. Cummins,'listen,the man is allowed to do that, after all there are millions of dollars at stake. "Now, that in my estimation is something you should be aware of. The two gentlemen are members of the Marine Council. Mr. Meredith is a member of the Marine Council. The two gentlemen on the committee are directors of the Marine Council. Mr. Meredith is a director of the Marine Council. I represented the Marina Tenants on that committee , as I have been requested by the good Reverend Gibson back in February, 1977, I assumed that I was there representing the tenants and on an objective basis. Approximately, four weeks before the committee was formed a group called the Miami Waterfront Committee went to Mr. Grassie and in a form of a letter Mr. Grassie had the names and addresses of all the members of that committee. One month before a committee was formed my name was on that list. Two weeks before the committee was formed we were to meet with Mr. Grassie, who became ill, instead we met with Mr. Vince Grimm in the upstairs Conference Room. I was among those members representing the Miami Waterfront Committee talking about an authority. Mr. Grimm said the authority idea is no good because of several reasons and at that time I had indicated my involvement with the Public Health Trust, and then we said the trust doesn't take title but the authority does, and Mr. Grimm said that might work, that's when the trust idea was borne, in Mr. Grimm's presence with the members of the Miami Waterfront Committee and I was there,the day the Waterfront Committee was formed,I asked Mr. Fosmoen if there would be any discussion concerning the Public Waterfront Trust. He said, there would be none. We were to address ourselves only to an evaluation of the proposals. Approximately, halfway through the presentations on a Thursday evening I met with Mr. Grassie and I told him of my involvement with the trust,although I felt that I was being totally objective in my evaluation, he complimented me in what he had heard about my contribution to the committee and said that that was no problem. If that's considered a conflict or if that was considered being secret, then how come the City didn't know that I was on the committee when a month before they had my name and address?, I met with Mr. Grimm, I met with Mr. Fosmoen, and I met with Mr. Grasaie, all during the course of this add before the course of this , Does, that sound like I waa in conflict or secretlytrying to not make sure that the trust was taken care of? boo, sir, no, ma'am. I cleared this all the way along so that we would not have this now. What was supposed to happen was, that the 15 JUL 2 81978 two Members. of the Marine Council were supposed to bury the Marina Tenant flan and it was two against pne., Unfortunately, it didni•t happen. Ik 11 stop right there.. Mr. Plummer: I'm in the business to bury. Mayor Ferre: Alright, anything else on this? Mr. Plummer: Just for the record, and I think.in the defense of Mr. laconic, Mr. Cummins and Mr. Sawyer both were present here the day that he made his. report. Rev. Gibson: ME ME . Mayor Ferre: Alright, I want to repeat again that this is the Manager's ■ committee that he appointed and as far as I'm concerned it's his problem. I Can we now move along to the main thrust of what we're here convened about? And Mr. Manager, I think the procedure that you outlined is acceptable. Is it acceptable to you, the outline? Right! • 1 Mr. Plummer: And, they did not stand and ask to be recognized in any way. I want to present both sides, because I remember and I'm trying to find now but I definitely remember asking the question, was this the full report of the committee. Rev. Gibson: Right, right. Mr. Plummer: So, I want that in the record when I, you know, I think we ought to have it all on board. Rev. Gibson: Mr. Mayor, I have some problems. You know, common sense tells me that what we ought to do is to put on the table once and for all the trust. Now, you can't be doing all that you're going to do and then after you've given me all of that then talk about a trust. Let us get rid of the trust or let us agree to have a trust. Let me tell you I run a church organization and I know the danger of doing what you're talking about. Now, let's... Mayor Ferre: I have no objections. Rev. Gibson: Mr. Mayor, ... for instance, you have made some recommendations, listen, Mayor Ferre: I'm listening. Rev. Gibson: The staff has made some recommendations. Mayor Ferre: Yes, sir, and... Mr. Plummer: Prior to hearing the trust. Rev. Gibson: Right! Mayor Ferre: Now, wait, wait, wait a moment, no, no, I must not have read properly and don't understand. Mr. Grassie, as I understand, your recommendations took fully into the account what you thought the trust would accomplish. Now, whether or not you heard a full presentation or an elaborate presentation or a documented presentation that we're about to hear is something else but that has nothing to do as I understand it with your specific recommendation. Now, unless you're going to change your mindwhich,of course,, you're perfectly entitled to do. Mr. Grassie: I heard that story yesterday, Mayor. Mayor Ferre: Huh? Mr. Grassie: We heard that yesterday. Let's review the record for just minute. Mayor Ferre: Joe, before you make your comment I just want to repeat that I think that that what Father Gibson has outlined is perfectly acceptable to me. I have no objections on hearing the trust and bringing it to a conclusion and putting it to a vote and then if the trust is created there's no need to hear 16 JUL 281978 anybody else, Rev. Gibson: Right., Mr, Grassie: I agree. Mayor Ferret I have no problems. wfth that. Mr. Grassie: Let's review for just a moment the record, The City Conunissiun months ago, nine months ago, decided to go out for proposals, we've done that,. When we brought those proposals back to the City Commission I added one element We brought to you three companies recommended by the Citizens Committee and I added as a fourth alternative the possibility for you to consider the Marina Trust, remember? Since then, and you determined at that time that based on the presentations and the evidence in front of you you did not want to take a position, you sent it back to the staff and asked us to make a specific recommendation. At that point, we have gone through a process of three weeks of analysis. You have about 60-pages of the result of that in front of you, including a financial analysis by the Consultants to the City, the Hough Company. Mrs. Gordon; Mr. Grassie, may I ask a question, please?? Mr. Grassie: Not until I'm finished, please Commissioner. All of that then led to some specific recommendations, and what we have said to you is that there is one company recommended for each of the two facilities among the three that were identified by the Citizen's Committee and in addition to that, we comment that in our opinion,at this time,based on where the City is and everything that the City has done in terms of going out for proposals that it is not advisable to consider the trust no'... Now that's our recommendation, you asked for it, that's what we're recommending. In terms of the order in which you consider these things that's entirely up to you. Rev. Gibson: Alright. Mrs. Gordon: I wanted to know whether the Consultants that analyzed the other propositions also analyzed the benefits that would accrued to the City by virtue of proceeding in a trust manner, the matter of a trust, the Hough Company. Mr. Grassie: Well, there was no way for them to do that. The trust really is a management and policy setting alternative. Now, we have no proposal that outlines the dollars that are involved in the trust creation You know, it's simply not an alternative that was available to them. Mrs. Gordon: But, Mr. Grassie, what I'm trying to get to is that in this analysis that they made they took hypothetical situations because all of the proposals were not uniform and they had to take and design a model and utilize the model in determining what the results would be that's what this recommendation by this company is based on.. If they're taking a model then it seems to me they should've made a model for a trust and come back and said, well, if you operate with a trust and if you do this, that, and the next thing as it says in here for there other things then you derive a profit of x-number of dollars. '{.r. Grassie; But, you'd have to have a atartingpoint. You'd have to have a proposal that would outline some dollars. Mr. Plummer; The missing element here is that you are not aware that we are, that Mr. Iaconis has come to, I assume every Commissioner and he is making a propoaal here today on behalf of the trust with dollars and cents attached to it.. Mr. Grassie: Then, the answer to your question,Commissioner is that the reason it was not considered is because we don't have it. Mr. Plummer; Okay, an I think that's where the fallacy ... Mayor Ferre; The chair 1s now going to try to rule that this has gone on for half an hour, we haven't gotten off home plate, so I'm going to alter the sequence Mr. Grassie if it's alright with you and follow Father's reeoM,Mendation and we will hear first from the trust and then this Commission if it wishes can decide either to put off a decision and hear the others or.decide whether or not we're going to go to a trust route or what, so JUL 28197g M MEC MEW Mr. Grassie; It sounds very good to me. Mayor Ferre: I accept that. Sot would half an hour be sufficient Mti latonis? Mr. Dixon, how much time do you feel you need? Mr. Dixon: We need thrity-three minutes. Mayor Ferre: You have thirty-three minutes. Alright, well, I'm going to just make a statement so that nobody gets excited at 6:00 o'clock. At 6:00 o'clock which is more than thirty-three minutes, we're going to move on, bring this thing to a head,hopefully. Mr. Cummins: Before we begin the presentation, let me mention that what you're about to see represents the efforts of a group of concerned citizens working on behalf of the public interest with no budget to speak of, spending many hours, without any thought of compensation to provide an alternative to the lease proposals. The committee wishes to keep the public property for the public interest, and the profit generated from the operation of these marinas should he for the citizens of Miami, who literally bwn this public property. The presentation will take about thirty minutes and we request that the questions and comments be held until the end of the presentation. What we have before us is some of the area that is represented by the public waterfront of the City of Miami, and we'd like to take a few minutes just to have the Commission and the people in the audience reflect on the area that we are referring to. Mr. Iaconis: Mr. Mayor and Commissioners, my name is Ike Iaconis, as has been outlined by Mr. Cummins a few minutes ago. Tom Dixon and I representing the Miami Waterfront Committee would like to present to you our concepts related to formation of the Miami Waterfront Trust. However, what we'd like to do is to begin with some recent history concerning the Marinas and the factors which led to this presentation. Conditions at Dinner Key prior to the Chapter 50 Ordinance included the facts that the docks were in various phases of deterioation being 20 to 30-years old. There hadn't been any rate increase from 1969 to 1976, but there weren't any improvements either since all the excess revenue was put in the City's General Fund and there were no reserves setup for any renovation. The Marina conditions during this period included the fact that there has been and currently exists that there is no long range planning of Marina activities. There is a very low degree of coordination between Marina operations and City Departments. For example, where is Mr. Jennings and Mr. Gai in this presentation? Why didn't Mr. Grassie include these gentlemen in the discussion? They're no where to be found. That indicates the type of low coordination that has been going on in the City and Marinas for quite some time. There are no fiscal controls provided •at the Marina operations level by the City Administration. As a matter-of-fact, last year at the end of the fiscal year I had the revenue and expense from Miamarina and Dinner Key before Mr. Jennings and Mr. Gai, and six months later, they still did not have the year-end data concerning their operation and when I showed it to them again,they said,they still didn't know what the numbers were. They had no idea what they was spending. They had no idea overall what they were taking in. We feel that this current attitude is that of a caretaker management and that is a problem. The result is a minimum operating effectiveness and a frustration both on the part of the City Commission, as well as the tenants. At the time of the rate hearings in late 1976 and early 1977, citizens became involved and the Commission directed the City Manager to open discussion with the Citizen's Group. The results of the joint committee made-up of Mr. Vince Grimm and the City staff, Marina tenants, commercial tenants, who had reached some administrative and some fiscal agreement was a new Chapter 5Q Ordinance, and I'd like to bring to your attention the specific elements of the new ordinance that was adopted in February, 1977, went into effect in April, 1977, rates were to be based on cost and based on the budgeted cost so that there would be no one way or the other concerning where the dollars came from to start with. A reserve for replacement was initiated based on excess revenue over expenses. Self -funding was provided for. We did not wish the citizens of Miami to pay anything for the Marina, it should pay for itself and rather than have a hassle on an annual basis with the City over rateincreaser for boththe tenant& part as well as the Commission's part the Chapter 5Q Ordinance included an automatic increase in rates based on budget data and as a matter of fact on January 1, 1978i a 51 increase automatically vent into effect without the Commission having to hear it, without any harangues from the tenants and it working. The Commission's reaction was missed, and the result was.a section by the Commission to put out a proposal for private leasings of Dinner Key and Miamarina. After the proposals were received as of March 31, 1978, the City Manager appointed a Marina 18 Proposal Review Committee to provide an evaluation by marine oriented citizens of the Marina Proposal.. After hearing approximately a dozen proposers and presentations,the committee selected those presentations to receive further consideration and as a footnote the items, presented to the Commission represented the unanimous agreement of the committee. These proposals together with the report of the pros and cons was presented at the June 22nd meeting and was favorably received. I'd like to comment very, very briefly on the private proposals. In summarytthe proposals appeared very difficult to compare because of their diversity in responding to the City's request for proposals. Some were elaborate t some were very sparse in terms of detail , some proposals did not follow the rules setup by their request for proposals, and they became very controversial. There was a management contract versus a lease. There was extensive landside development which was not in the scope of the request for proposals. There was the use of public funds, public bond funds, to renovate private lease area. There were endorsements that were assumed to have been gotten by a particular proposer ')ut,in fact, we could not find evidence of having those endorsements. I referenced that earlier in my comments. Their were differing facts that were presented by proposers in the different presentations. The proposal had one set of facts, the Marina Review Committee heard that set of facts and then the Commission heard in some cases a different set of facts, changes were made in certain proposals after they had been submitted in order to suit public opinion. ,This led to a serious concern about the future of the waterfront in the hands of the private lessees, the public would be left out, there would be an unnecessary middle man profit,exorbitant profit and cause a 30-year lockout of the public involvement in the waterfront improvements. A group of citizens felt that there must be a better way. This group developed an alternative. The group that was formed was the Miami Waterfront Committee and the goals of this Waterfront Committee were as follows: they wish to assure that the public property would be provided for the public interest. They wish to develop a guide for the future use of the waterfront activities, they wish to have the involvement of citizens similar to the Chapter 50 Ordinance involvement similar to the Miami Review Committee involvement in the process of the development, the management, the eo.'er ance of the waterfront areas, and perhaps, they can help the City. Something la formation of the committee, just briefly for you; The committee was formed in November, 1977, of public spirited citizens who had marine related interests. The concern of the committee was the fracturing of the waterfront and the limiting of the areas marine related potentials. The committee after meeting with Mc. Vince Grimm adopted his suggestion that the most logical conclusion was the creation of a Miami Waterfront Trust. And now ,to introduce the trust, I'd like to introduce Mr. Tom Dixon. Mr. Dixon: An overview of the trust shows you that the concept behind the trust would be that it would be a public entity , that is that the property, the marinas, any developments on the waterfront would remain public propery. That citizens would be involved and participate in what happens with Miami's future and also they would benefit from these improvements that would be made to Miami's waterfront property .Also the creation and the appointment of the members or the trustees of the waterfront trust would be appointed and have Commission conformation, that is, I think at the last meeting was brought up that the buck stops with the Commissioners and we would make sure that you would have the input to appoint and nominate those members of the waterfront trust who would serve for the citizens of Miami. The purpose of the trust would be to operate, improve, and govern marine facilities and in addition, develop new facilities in areas that are presently not being used to their fullest potential as you will see later on. The goals of the trust, the public should benefit from public property, Dinner Key, Miamarina belong to the citizens of Miami, they should not be given away, the profits from them should not be given to private industry, they are the property of the citizens of Miami. The trust would develop additional Marina space. Presently, the Administration within the City has shown a sore lack of effect to either upgrade the present facilities or create additional Marina space. Thu trust's goal and intent would be to expand the Marina space on property the City now owns, and to work towards the development of a waterfront guide. A guide for the development of Miami's waterfront future involving marine oriented, marine concern citizens in conjunction with private consultants so that we could look to create a true waterfront area for the citizens of the City of Miami. The trust would be composed of members who would be nominated from these basic groups. We would have the marine users who would possibly nominate three candidates to.become members of the trust, three from the marine associations, civic groups, enviornmental groups, and public at large, these nominations from each of these three groups then you would have the opportunity to select that individual that you feel most qualified. There would 19 'JUL 28197 be one from the marine user, one from the marine associstions,.one from the Civic groups,one from the environmental grouns.three from the public at laree.a total of 7 voting members of the trust, and in addition, there would be a representative of the City, Manager's office, a representative of the Public Works Department, and a respresentative of the Planning Department who would have non -voting but would participate in the planning process for the trust, These trustees, who would be appointed by you would serve staggered terms of office for continuity of management. They would, of course, have to be protected so that would not be any conflict of interest in any transactions that they may be involved in and they would serve at no compensation and I think this is a key ingredient that we believe there are citizens who are willing to step forward, who are concerned with the future of the City of Miami as it relates to its waterfront and are willing to participate,and I think the example that what you're seeing today shows you how concerned the citizens of Miami really are. What would be the duties and powers of this trust which will be created? And first we can talk about the real property . TheCity of Miami would retain ownership of the real property, the trust would obtain ownership of the personal property so they could, for example, have the ownership of the typewriters, the stationery equipment of that type. This authority would have the power to contract, sue, hire, and borrow, this is where it differs from an advisory committee or a Board because the trust.itself would have the power to enter into contracts, to take action and to do things. The personnel could either come from the existing Marina personnel, they could be people from the outside or they could be a combination. We have proposed in our meetings with Mr. Grassie that there be a transition period after the creation of this trust so that the existing employees can be either filtered into the trust and work for the trust or could be placed in appropriate positions within the City. The trust would have the authority to set rates, enforce collections of rents, and accept gifts and grants, so that if the State or the Federal Government decided to give grants to the creation and development of Marine facilities the trust could receive the benefits of these. I'd now like to turn the presentation back to Ike, to talk about financial administration. Mr. Iaconis: The financial administration of the trust would be as follows: The fiscal year of the City would be applied to the fiscal year of the trust; the budget approval would be in the same way in which current City Departments go through their budget preparation and authorization stages; A revenue bond would go through the City of Miami, taking advantage of the municipal rates as opposed to the commercial rates; purchasing power of both the external area as well as the public area utilizing, for example, the legal services, the accounting services of the City of Miami would help keep expenses down. We would require, as the City would,an audit by and external auditor as well as reviews of operations by the City's internal auditor. We would also welcome the City Manager's staff in reviewing the operations to assure that everything that the trust is supposed to do is being accomplished and we would suggest that check points be set. There is no question about the fact that the trust would be self -funding and we'll see in a minute that the dollars and cents accruing now in the Marina's benefit is substantial. The excess revenue that would be produced, that is the excess revenue after paying all direct expenses, all indirect expenses, all cost of the bond, and bond repayment as well as an appropriate return to the City ... that excess would be put back into the Marina or turned over to the City. Now, let's talk about the trust in terms of its model..Tbe model that we had for the creation of the waterfront trust is the Public Health o E made County, the complex at Jackson Memorial Hospital. The citizen's involvement in terms of the facilities is that approximately 5-years ago, prior to the trust,the County ran the hospital department which was Jackson Memorial Hospital. All costs on the basis of the catalog price for indigents was paid by the County along �.i*th all bad debts. The County did not have any citizens involvement and thereforeJas very, very difficult for the County Commission to get any agreement as to what to do with Jackson Memorial, hence there were many delays in decisions being made, additional money had to be spent, money was lost and it was wasted. The creation of the Public Health Trust by the County eliminated that. A 15--member Hoard,no compensation provided,governs the Public Health Trust today. As a result of their involvement on a dollar-and.cents basis, the City now pays only the cost at a 25% less cost to the County than it did before. In our view this trust, this approach, the model was what we used in terms of our discussion of the Waterfront Trust. The trust makes timely decisions, saves money and provides close scrutiny. We would like to do the same thing with the Waterfront Trust. Now, we talked about cost of the Public Health Trust. I'd like to talk about the fiscal operation and show you the current revenue and expense of Dinner Key that determines the present funding, and it should be noted and I understand that someone said; How could Iaconia say that the Marina is paying its way and doing a heck of a job?" 20 I'd like to show You that for fiscal 1976-1977.Total revenue and these are the figures, Mr. Plummer, that I finally got from the City, these are not my figures. The total reyenue in 1976-77 was $388 and some odd thousand. The total expense direct and indirect expenses., not only the direct cost of operating the Marina but the indirect cost of the Marinate Manager and the Director of Facilities offices was $288,000. The excess available and upon which an interest was paid by the City to the Marina account, The reserve account came to over $100,0000 and I'd like to bring to your attention that in Fiscal 1976 for half cf that time that the City was on the same rates that it had since 1969 and that only a half of that fiscal year did we have the new rates and we still brought in $100,000 of excess of revenue over expense. The 77-78 figures are even more dramatic. A total revenue on an estimated basis based on having data through May 31, 1978 shows a revenue of over $500,000;expenses both direct and indirect of over $300,000,giving an excess available for renovation in this fiscal year of $1S3,000. None of this money has been spent as of today. At the end of September, 1978,we will have $293,000 plus interest paid for by the City at 6% to the Reserve Fund, That's quite a formidable operation using a nickel and a dime. We'll talk more about that in a minute because that's the cost of the Marina today and we are making that kind of money. Now, let's take a look at a mythical Marina, similar to the Hough proposal and I'd like to mention that our data was presented to the press several days before the Hough Report, as I under- stand it,was presented to Mr. Grassie. When Mr. Grassie said that he did not receive any data, I called Mr. Grassie approximately a week ago, I still have yet to get a response to my telephone call. I called up his secretary to find out if he had gotten the message and I was told he was a very busy man. I went personally to his office in order to provide this data, which he had requested, I got no response. I released this information last Friday to the newspapers. You will find,interestly, that the Hough Report uses the same mythical number of slips and that same number of feet. Okay, let's go from here. If we use a lease example of 13c for live-aboards and 10e for non-live-ahoards with 500 slips in an average of 45 ft. per slip, we get 22,500 ft. for purposes of apples -to -apples comparison. The total revenue of the live-aboardsand non-live-ahoards transient revenue, and the commercial interest, not including moorings, not including the annex as we currently have it at the present time,would be over a million dollars. The total expense was $310,000 on an estimated basis. You will note that there was $308,000 last year. Since there are something like $25,000 to $30,000 of property maintenance that was spent in this fiscal year we would substract that if we had brand new peers and,therefore, that amount of maintenance wouldn't be necessary. The total number of people at Dinner Key in our estimation could be revised to be more efficient and therefore,taking hose items into account and substracting them from the expense we wind up with a number that is less than the current operation cost to the Marina. We then sacked it in an inflation factor for two years from now, added another fudge factor to assure that we had at least the amount that we had in the current year and that's where we got the $310,000. The annual bond cost on the basis of the City saying you must spend at least two million dollars and requested that of the proposers, we used that as our guide. If the answer is you need four million dollars you would simply double that annual cost,but for the sake of an apples -to -apples comparison, we used the two million dollars as a starter. If you give a minimum guarantee to the City of 15% which one proposer provided and only $50,000 from another proposer. We used the larger of the two. If we substract that amount at ten and thirteen cents, the net income, the dollars in pocket after expenses to that proposer or those proposers would be over $400,000 on an annual basis. Now, let's take a look at another mythical operation. If we take an 18C for live-ahoards and a 20% reduction if you're a non -live -aboard using the same factors, do no include moorings, do not include the annex revenue, you wind up with $1.5 million. The total expense will be exactly the same for purposes of our comparison. If you take a minimum guarantee of $180,000 and granted that if we use a very complicated formula it could be something else which we're not sure of, we figured at least $180,000 is guaranteed in the proposals today. That would leave,ladies and gentlemen of the audience, Mr. Mayor and Commissioners, over $800,000 on an annual basis to that particular proposer. If, for example, you wish to say that the bond cost us $4 million substract another $210,000 and it's still $600.000 on an annual basis. That's why we're here tonight, the private interest, specifically at Dinner Key Marina are going to line their pockets at your expense and we don't want it to happen, that money should go back into the City , it should help the Marinas, and we don't want to see that happen. I'd like to also mention that that $800,0,-)J is $8 million dollars in a 10-year period so whoever gets this in terns of JUL 2 81978 the private leases as we understand it we will automatically make that person a millionaire. I think that a word of congratulations is in order to the person who is going to get it. The trust example? and figuring that two years from now with some inflationary factor it might be more. I would like to show you on a very conservative basis using today's number3,1977-1978 numbers,wtth the rate increase as of January 1, 1978, a nickel for non -live -a- boards and a dime for live- aboards, an outrageously small number according to many of the opponents, it's impossible, how can you make any money at the Marina based on those low rates? Let's show you how much the City can get using the very same factors, we get a total revenue of only $787,000 with the same total expense. We Wind upbeforea guarantee of over $300,000 with every- thing being paid for and the annual bond cost because we take into account the municipal bond that a maximum of 71%, the fact that it would cost the trust less than it would cost the commercial lessee.. If we give a minimum guarantee to the City which is at Least equal to the maximum/minimum guarantee of one of the proposals at the ten and thirteen cents level, we will still have and I inivite you to look at this very carefully ewe will still have $159,0001eft in profit that can go back into another two million dollars of bonds or additional expenses, we will have over $300,000 and that's at today's Marina prices, that cannot be matched by Inc private lessees, they cannot be matched or it won't be matched according to their proposals . What I'd like to do now is to turn this back over to Tom, in terms of talking about bond ,financing, and the expansion plans to he discussed by the trust. Mr. Dixon: Here's a chart that shows an example of the additional coststhat are involved if the private lessee has to borrow the money in a commercial money market,. As an example, we 've used the figure of $2 million dollars, both for the trust and for the private lessee. the difference is in the interest rates. The private lessee would have to probably pay in today's market 10%. The trust, because the bonds that would be issued, the revenue bonds, would be tax exempt, could probably he issued at 71%. The terms are identical 30-years. The annual payment, however, as you can see is $210,000 for the private lessee, $167,000 for the trust. The total interest over a 30-year bond period would be $4,300,000 for the private lessee, $3 million dollars for the trust. Now let's look at a comparison between these two, that is the annual cost for private financing would be 25% per year more than what it would be for the trust. The total interest over the 30-year period would be 42% more. As you can see, if you go with the private lessee it's going to cost the voting public substantially more than it would cost if you went with the trust concept. Now, let's look at some expansion plans. We've looked at Dinner Key as an example of what the revenue ... Mayor Ferre: I'll tell you, is there anyway to go back to that, because I really couldn't see with all those lights shining in my face. Could you go one... back to those figures? Mr. Dixon: They'd asked... Okay. Mayor Ferre: Okay, that's what I want to go over. Mr. Dixon: I think the Financial Consultant would satisfy these involved with this daily in my work and these numbers are... Mr. Iaconis: We reviewed this in terms of the Hough proposal area and very close. Mayor Ferre: Yes. Okay. Mr. Dixon: We've looked at some expansion plans, I've taken and this is a satellite photo of Biscayne Bay and we've said, you know, Miami is located in an area that has the waterfront, it has the sunshine, it has the location, it has every feature so that the City of Miami could become truly a boating capital and so what I've done is taken a very cursory look at the City property, that is the property the City presently owns,to see what could be done with it in terms of Marina expansion. I have done this'as Ike has pointed out, we've worked on this at no cost because we are concerned with Miami's waterfront future. Yesterday, the Commission spent $15,000 for a similar study. We're going to look at additional slips and moorings. We can look at Dinner Key, there's a possibility of putting in a thousand additional moorings and r`]4ps in the Dinner Key area. Bicentennial Park, Miamarina, we anticipate an additional 200 slips in each of these areas. There is presently at Bicentennial Park as a satellite a 1,000.ft. of dock that is not being uaed because the City 22 JUL 2 81978 MM MM • No • • a • administration told us; the water is too deep. American Legion Park in North Miami, the possibility of 100 slips there. Morningside Park - 250 slips. Cuttis Park,which.is up the Miami River,would he idealy suited for a in-and- out,rack storage system for email boats. Venetian Causeway as you can see the bottom half of this slide, possible IOQ slips could go in here. And, Virginia Key, the possibility of 1,300 slips. In summary, we're looking at total slips and moorings of 3,700. Now, these are just estimates, and I'm sure the study that Greenleaf/Telesca is going to come up with will reflect exact numbers, Rut 1 think the key is that the opportunity for Miami to become what it should become,which is a true boating capital,rests within the opportunity of the trust. The City owns the land, citizens are willing to participate to make it happen, we just have to have the opportunity to move forward. Now let's look at the differences between the trust and the lessee. First, let's look at the compensation to the trustees, As we've said, they would receive no compen- sation because they're citizens and concerned with Miami's future. The lessee, however, obviously as you've seentis concerned with profit. In one case, $800,000 a year. The goals of the trust would be for the public interest. The goals of the lessee obviously would be for private gain . What are the long range benefits of a trust? Well, the increase and the expansion of the water- front would benefit all citizens. The lessee, he's only going to look obviously for the period his lease. Development plan, the trust as we've said would enter and prepare a long range development guide. The leasing of Dinner Key and Miamarina in our estimation is a patchwork attempt and it will not lead to any constructive development of Miami's waterfront and possibly could cripple it for the next 30-years. There's a question that has been brought up about ad valorem taxation on the lease. The trust would be exempt. There are legal questions, of course, with the lessee . Revenue bond financing,as you've seen,would cost less than private financing, and of course, the lower rate would be available to the trust, it would be more expensive for the lessee. There is a reverter clause and that is a clause when the City of Miami obtained Dinner Key that said if you lease or contract this property it will revert back to the grantee, excuse me, the grantor, who was the internal improvement Fund. We're not sure as to the applicability of this, but it will involve a legal problem. Government grants, the trust would he eligible for government grants, the lessee would not. The rates would be based on cost, not based on profits. The implementationtas you will hear,could be immediate;and,of course, with the lessee there are legal questions as to -the procedures that the City has followed and the proprietory of the efforts and suggestions that have been made. And non-performance. We propose that the waterfront trust could be revoked at the will of the Commission if it does not perform to its expectations. If you enter into a long term lease or management agreement you're going to have to sue for cause if there is non- performance. Ultimately,the trust envisions that the City of Miami's property and the City of Miami become(VISUAL ENDING WAS PROJECTED ON SCREEN). I'd now like to turn the presentation over to Ike, so he can make someclosing comments. Mr. Iaconis: The presentation you've just seem is another example of public spirit citizens involvement for the common good without a profit motive. We've discussed the concerns. We believe we have an answer to handle those concerns. It's an effective solution to take care of the concerns of the Commission, the City Manager in what he's going to possibly do with the proposal he's just presented to you tonight, the Marina tenants the boating public, we therefore request the City Commission to do the following: Create the Miami Waterfront Trust and make that trust revokable at your option. Permit the trust to immediately direct the renovation and expansion of Miamarina and Dinner Key Marina.Provide moorings as an immediate project for revenue but also to take away the 3-year waiting list for slips that now exists. We would like you to initiate the activities of this Trust with an immediate selection of an interim governing beard effective October 1st, to put this plan into effect. We're confident that this approach will work and we'd like to do it right this time. I would like to have an expression of the audience to know if they believe that and would like to have a Trust also, what do you think? Any questions or comment? Mayor Ferre: 1 just want to congratulate you,Mr. Iaconis and Mr. Dixon,for one of the very best presentations that I've ever seen done, very best. I'm glad to see that the boating community is enthusiastic and that people feel as strong as they obviously feel. Just out of curiosity, how many of you here actually own boats? Okay, and how many of you actually lease apace from the City of Miami some place or other at this point? Well, I'm glad that you're here to protect your interests and to talk about something that's of interest to you, I appreciate that. 23 Mr, Dixon: Are there any questions of the Commission? lfira, Gordon; I'd just simply like. to state in reiteration to what the Mayo, said, 14n very impressed vithyouur presentation. It was very professional and very comprehensive., Mr. Dixon; Thank you Rose and Mayor. I think in summary, what we're saying to you is that there are concerned citizens•We've. put a tremendous amount of time into. We feel that it is an opportunity for the City to become truly a boating capital and all we ask is that you pass tonight, perhaps the initial resolution to direct the Manager to prepare an ordinance and let's move forward with this thing, we're prepared. Mayor Ferre; Alright, Mr. Dixon, thank you. Are there any questions froth members, of the Commission at this time? Mrs.. Gordon: Any further questions? Mayor Ferre: No questions. Any comments from... any questions from the Administration at this point, any questions that you might want to... and then I'll recognize you for comments and I'll be happy to start it out or wait until you've all done it, anyway? Let's go to the questions first. Any questions? J,. L., you want to.„.? Mr. Plummer: The only comment Mr. Mayor, I hope that Mr. Iaconis has this very fine presentation reduced to writing so that it can be submitted for evaluation. Mr. Dixon: The Mayor and the Manager have a copy.. Mr. Plummer: Fine. (INAUDIBLE BACKGROUND COMMENTS MADE OFF TEE PUBLIC RECORD). Mayor Ferre: Ike, I'll express an opinion and get this thing rolling one way or the other. You can substitute wherever you say,"trust', City of Miami." Mr. Iaconis: Yes, sir. Mayor Ferre: And, either accomplish or not accomplish the same thing. Mr. Iaconis: Our impression is that if it could have been accomplished by the City and the City wanted to do it,it could be ongoing. But we believe that since it hasn't happened and aince there has been a frustration level by the City Commission on what's going on with the Marinas , we believe that the approach of the Trust would allow public spirited citizens to assist the City with the operation of the Marinas. Mayor Ferre: I think all of us,and that's the one thing that might be the only thing that we may all agree on is that we all want to do something to improve the waterfront usage in those areas that we want to use. Now, I might for example, disagree, I don't think that Margaret Pace Park should ever be used, ever,for Marinas. That's a green open park,period.And as long as I'm on this Commission I'll vote against it every single time it comes up. I just would not vote for that as a place for a Marina. Mr. Dixon: Of course, you understand, though, that we were just bringing to your attention what could be done. Mayor Ferre: I understand. I understand. I just would be totally opposed to putting Marinas at Bicentennial— New World Park, I'm just.uialterably opposed to it. Mr. Dixon: We'd be delighted to take that into account,Mr. Mayor. Mayor Ferre: Yea, but the point is that I'm the one who gets elected and the five people that are on this Board are the ones who get elected to make those deciaiona.AAA we go to bat....I go to hat every two years and I know I get latched out. I got called all kinda of names by aome people and then when I voted the other ray I got called all kinds of names but I said, fine, listen, I'11 be, up to bat next Novebber, you remember me, you can vote against me or you run for public office or you do..‘ Now, do you know what the bottomline is? The bottamline was -and you'll have your chance, you know+. the bottomlipe 24 1 remember one time 15 years ago, and I told you this. when you camme to see Me, and the thing I've got to decide is the difference between an Authority and a T mist, and that's, the thing that I don't quite yet know, and I might agree with the creation of a T us.t. I atq unalterably and totally opposed to the creation of any more Authorities. Mr. Dixon: We agree. Mayor Ferre; I don't believe in passing the buck. I don't believe in creating citizen groups that are going to do what I'm elected to do or these people.. I'm not going to abdicate my responsibility. I just don't believe in public Authorities anymore. I'm not, I don't people to misunderstand. I'm not against, I don't want to eliminate the Off -Street Parking Authority. I don't want to eliminate the Downtown Development Authority. I don't want to eliminate the Water & Sewer Board, but I'm going to tell you this, if they were before me now and I was, voting for them now,I wouldn't vote for the creation of a Downtown Authority or an Off -Street Parking Authority or a Water & Sewer Board or the airport..!hat was the name of that Airport Authority we had for years here? Mrs. Gordon: Port Authority. Mayor Ferre: The Port Authority•And I remember when that thing came up for discussion I got involved in that public argument,as a citizen,and I remember the argument. I started out saying, well, you know, those guys in that Airport Authority are better qualified to run the airport than the County Commission; Why? Well, because they have more time,they'il take more interest, they're going to get more involved, but you know, and I hope I don't touch on toes, but what happened was that those that were being served also somehow got involved in the regulation process, like the Public Service Commission you know, and there are a lot of questions on that, but... Mr., Dixon: Mr. Mayor... Mayor Ferre: ... I'm just about finished and I... you know, you talked thirty- eight minutes and I didn't stop you at thirty and I'm going to stop in a minute or two and we're just in a discussion purpose. Now, I remember when we went through that soal searching in the community about whether or not to have an Airport Authority and as you recall, the Commission, County Commission, finally Voted against it and dissolved it and the reason was, the old question is who keeps time on the time keeper? Now, you know, who controls the controllers? who...? Now,there is no good answer. Nobody has ever found one in the history of mankind but as old Tom Jefferson said,"our system is not the best and it's far from being perfect", but by God,in the electoral process there's no catch and that is -throw the bums out, if they don't do the job you get rid of them,and I think that there's just no substitute for the public, there's no substitute in government for the fact that you just stand up and you say okay, here I am, if I'd done a bad job I'm out, run against me, and if I'd done a good job then I go back into office and keep on doing it. And I think one way or the other I get so concerned when I see these terrible turnouts in cities around the United States, New York or California,and in Miami, but until somebody shows me a better way to govern the City of Miami or Metropolitan Dade County or the State of Florida, I'll tell you,I'm for the electoral process. Mr. Dixon: Mr. Mayor, are you aware of the Public health Trust? Are you aware how it's working? Mayor Ferre: Yes, and I've talked to Bill Frates about that and I'Ve talked... know, I serve on the Board of Trustees at the University in Miami, you want me to tell you about the Public Health Trust.? Mr. Plummer: I do. Mrs. Gordon: Yes, what are you going to say? Mayor Ferre: I'll give you an opinion. I'll give you an opinion on it, this is just,again, a personal opinion. The Public Health Trust Fund was an absolute necessity, absolute necessity because you have some very unique circumstances. You have an indigent hospital taking care of the welfare needh of a community. You have a major medical hospital taking care of private citis.ens demanding superior medical attention that cannot be given in any other hospital in this community, including Mercy.and Mt. Sinai. You have a teaching; hospital where a 25 You JUL 2 81978 university is. trxing to train"doctors for the future and you have g specialized Amedical center, and those four things are, by their very nature, eXclusionary Min conflicting., Mr. Dixon: Conflicting you sa Mayor Ferret Abeolettc l y t <:t:f lic•t ing, there ie not one medical center whether itts Harvard Medical. School Or the Peter Beck Brigham Hospital or Methodist oft KleeInstitute and 7 happen toknow a little bit about it because I served nat on particular committee of the 1hivers1ty of Miami's Board of Trustees, and the one thing that came up over and over and over again is that when you serve the indigent community you conflict with the University's interest, and the moment you $erve the medical te'tc.hine profession then you conflict with the private practice of the doctors and thEre.£ore,you have a game that's built-in that nobody can win and the?r=a'e one: major problem and that is that it requires a tremendous amount of Inowledgc because it's a complicated business and what wee happening was that Jackson Memorial Hospital was serving the indigent needs, the indigent needs of this community but it was not serving the purposes of the University of Mian,i,and as a member of the Board of Trustees of the University of Miami, I will tell you pibli.cly and openly that it was one of the smartest and most: cleverly eent.7ived ways of circumventing the service of a public hospital by balancing off the needs of a medical school for the benefit of the University of Miami. That does not mean that the University of Miami does not serve a public purpose but it does ratan that that's why that Public Trust was created and it is doing that and I rongl tulate the University and the School of Medicine which {'a'greatly improved and Dr. Mannie Papper and all of the people that are involved,but that it serves the indigent community better,that remains to be seen so as far as, public teustsare concerned they serve the particular interests of particular grow;__:. Mr, jaconis:And, so does the Marina Trust, We have a controversy. We have a specific and unique area, Fii e eayne Bay, We have Dinner Key Marina, the Queen of the Waterfront, and ei; ine it to private intereststo have them line their pockets, especially on an t.xces)e. basis, means that we need a unique way to handle it similar to the ee;i }eie_ problems of the Public Health Trust and that is why we are ister:;_;ted in having a Trust at this timetto take care of those unique needs of this particular community. We're not talking indigents here but we're talking a different community, the waterfront community. There is ciontroversy, The weterttcnt belne given to private interest and have them gobble up the waterfront or to have it sere the public purpose: Mayor, the • Trust 'is dynamitetlt really can help and I think you should really listen, listen hard and appreciate the ;act that The trust can take care of the problems that are facing you tonight, The dilemma that you have in being able to have the private interest say that the Commission is going to go their way and the lining of the pockets is going to happen. Is that going to be at the expense of the public good: We don't want that to happen. Let's make it work,that's what we are saying to you,let's try it.lf you don't like it,revoke ittbut once you give it away for 30--years or for 4-years or another 4-years or whatever has been --suggested, okay, then you have to lire with it.If you don't like the Trust, if it's not up to atandards,revoke it and try something else you lose nothing, there's no money coming from the pockets of the City. Mayor Ferret Ike, let's see if we can move to something that perhaps, might give us a road to progress and trove in a directiontbecause we may be talking pure theory here as far as the Manager is concerned and we may have to end up with sowe kind of either a public trust oe the City of Miami doing this on its own. The Manager has come back with a recommendation based on the Hough recommenda- tions,twothat I've read,and I'm sure the rest of the Commission has looked into it which tray not be acceptable to anybody... Mr. laconis: That's true H. Mayor. Mayor Ferre: ... because itchanges the premise of long-term leases to short- term leases. Mr. Laconia: That's correct.. The ratings were based on the 30-year leases and Mr, City Manager is using it on a 4-year basis, apples and oranges., Mayor Ferre: Ok.. Now, 1 think before we progress any further, and this is just my personal opinion Mr. Manage-r, is that we ought to get the principals here and say as the Manager recommends the premise, not the selection of who, but he's talking about going back to something which is short-term contracts, it may not be financiable. 26 • • MU 'JUL 9 Q in- The private sector that ate bidding on this thing may say, well, 1 jtts.t have no interest in it, and then? don't you see that we may have a completely different ballgame here: Then, the question would be if... and perhaps it_might be time for me to make this statement. I've done an awful lot of soul searching and thinking about this in' discussion and the one thing that 1 am sure of is that I am against 30-year tlong,-term leases. Mr. Iaconis Thank you Mr. Mayor, Mayor Ferre: Yes. And, that's the one thing that I think, that step I'Ve taken. How many other steps we'll take beyond that I don't know, 1 just can't go for a 30-year lease. Mr. Iaconis Then, what you're saying is we should withdraw the request tot proposal. Mayor Ferre: No, I'm not saying that. I'm saying that I just oannot,at this point,accept a 30-year lease and therefore, we go back to short-term leases. If,the short-term lease function, now follow me because this gets kind of boggy -down here, If the short-term leases are the only thing that this Commission would accept,I don't know what the consensus is on this Commission, and if the private sector says -I can't put up $3 million dollars for a five- year lease,then we may be back to either the City doing this and then going out on a management contract, or a public trust with a very short lease that can be defused in thirty seconds flat whenever three members of this Commission decide to do that in the future. Mr. laconis The revocability of the Trust, the approach that we're suggesting and we will honor that. Mayor Ferre: So we may be putting the cart before the horse or... Mr. Iaconis: You see with the Trust,your honor, you can go immediately, it's an arm of the City, the public spirited citizens would assist the City,if you don't like it,take it back. It doesn't cost you anything, the leases, the management contracts are legal entities and that if you don't have a problem in terrs of cost von're stncti with thit lease. There are problems with that. The revocability of the Trust minimizes that. Rev. Gibson: Mr. Mayor, memlvert.: of the Commission, I want to express myself. I remember when the boating public came down here sometime ago and they were in an uproar, they were very, very angry. I have told this to several people. I've made only two commitments since I've been on this Commission. Number one, remember when the man who built the building on Flagler, that Metropolitan Dade County now occupies... Mr. Plummer: Revitz's. Rev. Gibson: Yes. When he was down here and we weren't doing what he wanted us to do, I said to him, I said, Mr. Revitz please trust me when you come back,we'll have it together for you.And he came back, I think we were a little slow and then he stood up there and he says, Reverend, he said,when I was down here, he said, no, no, I'm just... example, he says, Reverend, when I was down here you asked me to trust you, I trusted you, now I expect you to deliver. I said, okay, sir,1 said I'm ready to keep my commitment,and shortly thereafter we did the thing that he had come for us to do. When you were down here wanting to take this building apart because you alleged and 1 think it was more than an alleged as fact remains the presentation this ... now, evening showed that we were collecting a little more money than we put back into the facility and you were very, very angry and I beg you to trust me that we were going to improve these facilities and I thought it did and I think 1t did quieted you down and I said I promise you, I promise you. I want to make sure everybody understands this=I'm prepared to keep my commitment and promise. I happen to be the one guy on this Commission who hasconsistently nudged this administration about getting those docks put in first class shape. I promise you tonight that I will let nothing deter me from that, okay. I may not be here tomorrow, I mean Plummer may have a job, but I promise you tonight I'm prepared to take the necessary steps to keep my commitment Now,with that in mind I find it rather difficult, I want you to hear thin Mr. Mayor, I find it rather difficult to have said to you the public, you the money managers and people who invest your money, who spend your money, over a period of time I said to you, you go get some proposals bring them back here to me for me to vote upon. I made that suggestion to you in good faith. I find it 2 J U L 2 81978 difficult to ask an indi ✓id r:l . or a company of people to spenu ti►eir money. 1 wouldn't mind 1f it was city money, your money, because you know, you're talking, but to have a group of people, the three companies nowt who went out here in good conscience believing that we were going the route that we said we were going. In other words, they went out all over this country and looked around and got experts and technicians and put it on paper and showed it to us and then in the midst of it we say, look we want to go the Trust route. Alright, let me explain so thatyou don't get excited. Theodore Gibson believes that in good coriscierp:e and just keeping your word, you don't change the rule of the game in the middle of the game, so what I want to see happen is that you go ahead and proceed a -pronto to repair this facility and having repaired the facility or rebuild It., whatever you're going to do, then come back here and .,. if you think a; that time a Publlc Trust is the thing I have no objection. I have some serious objections and I have an awful, awful time voting for a Public Trust having asked people to spend their money if I expect your tax money I would feel. diff=rent.ly 1'd say okay, you know it belongs to all of us, okay. Now, again you have no problem with me with the Trust later on,b.ut right now I want to proceed a -pronto t.:n repair these docks, keep my commitment with you so thativou know, if tomorrow ai;_I I'm not here I would have done it and I want to be fair to those people who have spent their money. Now, I don't know how anybody else feels. I've told you how I feel and I'm also ready to express my feeling in the form of rr Mayor Ferre: Well, I'll recognize you. Let everybody else express their opinion and then if you want I'll recognize you for a motion if you want. Alright, anybody who wants to express - before. Mr. Plumiler; Mr. Ma or, the only thing 1 would express,here again I'm not a financial expert and I'm nut a boating expert. I would hope that this Commission would sQ r fit that so,;w that we have been presented by the Trust with dollars and cents in a prnpuai ti,at the same procedure be followed with the Trust as it is with the other three proposals as sending it to the so-called experts, the Hough Company,for E;valuation and let me go ahead and pursue one other. Mayor Ferre: We had nothin your own. with that. You chose that Hough outfit on if my comments gave any indication that I was n 'I ,., please let me correct it in a hurry. Mayor Ferre: ' No, I didn't get that out of your comments,J. L., I'm so ry... Mr. Plummer: It was selected by the Manager, I'm sure, but what I'm saying is Mr. Mayor that this proposal of the Trust be sent to Hough for evaluation and coulinuing on because the recou.reudations of the Managertin my estimation,are like a fifth proposal and I got some serious questions with basic mathematics whether that will even fly or float. 1 would like both of these proposals, new proposals if you wiil.,to be sent to Hough for evaluation as was done with the other three proposals, so I think in all fairness so that this Commission can have one train of think1nf, or one source of good information that I would hope that these other proposals w)uld be sent likewise for evaluation. Mr. Laconia: Thank you, Mr. ?Jammer.. Mayor Ferre: One of the proposals ... you're talking about one proposal, which is a Trust proposal, Mr. Plummer: No, sir. In my estimation what the Manager has recommended in the form of a memo to me in reality is a fifth proposal. Mayor Ferre: Oh, I ate. Mr. Plummer: Alright., sir. In other words, the Manager has discounted the private. He has discounted the Trust and he has made his own, which I like because it's healthy, you know, we get all of this information, and in my estimation this is one more proposal. Now as I said before,... Mayor Ferre: My only problem 'with that, J. L., I'm just thinking out loud.. Plummer: Please do. 28 al 281978 VO � r 'erre: ...is, you know, we get elected elected to listen and make decisious, gof somebody called"the administration"and most of the time... well, listen to me now, then what we do is. we throw j.t over to the. administration and you say, alright administration we're part time , you're full-time you got the money and the staff and the people, you analyze it and come back with your recommendation. Alright, now, we did'nt select Hough, the Manager selected Hough. We didn't select the Advisory Committee, the Manager selected the Advisory Committee, that's his problem_ Now he comes back with a recommenda- tion which I assume has been well thought out. Now, either we have faith in the Manager or we give him a vote of no faith, you know, and get rid of the Manager's system of government and goto atheocracy or some other kind of a government or we assume that that's the way it functions and he's come up with a recommendation and this Commission should vote it's conviction one way or the other. Mr. Plummer: You know, you lost me somewhere there from the boats'to tiring the Manager is a long road. Mayor Ferre: Well, what I'm saying is that's what you have the Manager for he's come up with a recommendation. Mr. Plummer: Yes, but here again, Mr. Mayor, the Manager was this information which has just been presented tonight, not privileged to Mayor Ferre: Wait, wait, what is this, this is a last minute letter, the first time we've seen this? Mrs. Gordon: Yes. Mr. Grassie: I got this?Mr. Mayortabout twenty minute: ago. Mayor Ferre: Well, let's take three minutes off to read it. Mr. Grassie: Mr. Hough is here and if you would like, in response to Commissioner Plummer's question... Mayor Ferre: What he's saying is that he foresaw what you were going to do... Mr. Grassie: ... keep in mind that the staff has had this proposal for, I don't know, a few hours or a day or something like that. Mayor Ferre: Mr. Grassie, since members of the public are interested in this and we only have five copies so far ... Mr. Grassie: What I'm suggesting is that let the company present it. Mayor Ferre: I will do that. I'm going to do that in a second, but for the interest of everybody understanding what we're talking about I'm going to redo the record, the letter addressed to you July 28th, which is today. "To: Mr. Joseph Grassie , From: William R. Hough, signed by Ray Condon._ William R. Hough & Co. has reviewed materials prepared by the Miami Waterfront Trust for use in a news conference on July 26, 1978. Unfortunately, a detailed proposal has not been submitted as of this date. Our comments will be limited as the content of the material was very general and incomplete. The material submitted did include an income projection and expense projection and a comparison between Waterfront Trust and other proposals. While the projections did not include a statement of assumption, we did note several problem areas and they are as follows: 1. Projected expense figures for 1977-78 fall short of our projection by approximate 10% or $30,000 per annum. 2. Income projections for 1977-78 are prepared by the trust are below our projections by approximately $35,000. 3. The comparison of proposals assumes that private corporations cannot take advantage of tax free revenue bonds. This assumption is incorrect. 4. The comparison of proposals indicate a two million dollar bond issue. We can only assume that the proposal does not call for new peers, as did the other proposals. The projected size of a bond issue for a new Marina is approximately $4,250,000. 5. The rates, slip rental submitted by the other proposals was based on a capital expenditure in excess of $2 million dollars and thus, any comparison to the Trust proposal would not be equitable. 6. None of the proposals minimum guarantees to the City reflect a total participation of the City in the revenue to be realized. There are other areas that would be considered in a more detailed analysis. There was no information provided on the proposed management and staff of the Marina. The expense of 'a revenue bond 29 .1111 O o ,non �fi t•• • BEEN is a function of the quality of the management{ It is, ifnpetative that there be a strong,experiencedmanagement team. I hope the above information is of some help to you.. We would welcome the opportunity to review a more detailed proposal submitted by the Miami. Waterfront Trust. Sincerely and Respectfully, Ray Condon." Alright, Mt. Condon, I think the Manager wanted to ask the Hough Company to elaborate on this. Mr. Grassie: Well, only it the spirit of responding to Commissioner Plummer question. 1, as I say, I had not read this until you just read, so I didn't know what was in the letter. Mr. Condon: I ' m Ray Condon If William R . Hough & Company. Mr. Salida: I'm Jer Mrs, Gordon: What Mayor Fet.: Mr. Salida Ma y o r 1`e r Mr. Condon pal ticular? Mayor F'erre: with William R. Hough. Jerry Sa1l..1c', 21t1 ll i to R. 'llough', IseE Having read the 1.c tte t+ do you want us to respond to anything itf The Manager is the one who asked you to come forward, so. Mr. Grassie: ldei 1 , l rrrr�i a ,t ..ar t.f t.:ip at.ed that you would read the letter,and cc nsegoent 1 I tti::+r1,►:t. `hapitrd ience would understand the main comments here that, possibly they would dc, that verbally and now you have read it, if you would 1 ike them to expand on it iu anyway they can? Mayor Ferro: 1 think the .letter is very clear as to your position and basically what you say is that: you have ai.x areas where you disagree but that you don't have enough information to i eo1l,r come to a conclusion, but that which is what Plummer was saying before, but 1 think that really skirts the basic issue and that is one of the philosophy of government, do we want to go to a Trust approach or do we want tr.) k,i: Oat and let the private sector develop these marinas and it's just: that. sirnplc. Mrt:. Gordon: Well, do you want us to speak to our personal philosophies cord on Hr. Mayor? I mean,if you're talking about personal philosophy, 'm inthe trust c_uucept because in r,y, opinion you have control. 'You nave no control once you give the property wider a lease or management contract, particularly , where you anticipate or hope to develop an extensive network of facilities and that is the reason why 1 thought thatehere is merit in pursuing the Trust concept to its fullest. 1 don't think we have a full analysis tonight, but I think we ,;ihould be able to have a full analysis before we make a decision of any kind and this would be my proposal , that we go ahead and ask for a full analysis bused upon all things being equal, rates, income, expenses, etc., then what is ti,e_bottoml.ine as far a5 net profits goes to the City. Mr. Condon: As we've: said, that the only thing ethat r tawe rreviewed dewere reptheo look proposals as we saw them. We wound up our at this one. If it were you knew to give us all of the information that we need that we thought we got from the other proposers, and evaluate it on the badis of something complete and uri tt.en. One of our real problems treally ,was that we didn't knoll' anythiri about the management background that could be anticipated and that'll terribly important in a revenue producingCity project bodythis. Now so far as, giving up control of the projectby the body in a management contrac;t,that doesn't have to be very worrisome because the bond resolution would have to be written to issue these bonds and it wouldnd be written in much a way that you'd have your prerogatives because the holder would want to know that you're still in control. Mrs. Gordon: Mr. Condon, may 1 ask a question of you, would anybody manage without profit that you know of? Mr. Condon; There are several non-profit corporations,, Mrs. Gordon: Those that yvu analyzed are they non-prgfit corporations? 30 Mt, Condor t Yegy Wei .... ► 1 want you to understattd k.. Mrs.. Gordon: That you analyzed for the. City? Mr, Condon: Yes, we would go through an analysis on that We'd want to be Bute of the law on this. You have to bear in mind that we were brought in at a very late on this and didn't have the benefit of a lot of background and perhaps seriously, we didn't have the benefit of consultation with engineers and attorneys and we'd want to be reassured on all of this and actually when you select the people you want to work with,as I see it,it's just the beginning of the deal. There's a negotiation that has to take place and it goes through the issuance of a bond issue. There's a bond resolution that has to take place. There has to be an engineering report because you can't sell bonds for market with- out a qualified engineer acceptable to the bond market giving a feasibility report, so there's much to be done really when you select the operators that you want to work with,that's really the beginning of putting something together. Mr. Plummer: That's if the City sells the bonds. Mr. Condon: Yes. Mr. Plummer: If the private developer sold his own bonds then that would not be a criteria and no necessary mandate for us to do, Mr. Condon: No, but then,Commissioner Plummer,what you'd want to do is be sure that he had the wherewithal to borrow the amount of money needed to complete the project against which the revenues from which he was going to pay you here. Mr. Plummer: always the bottomline, sir. Mrs. Gordon:, Alright, one more question to you Mr. Condon, because you seem to think the management factor is a very important factor, quality of managtnent. But the fact that you would be dealing with an entity which would be created by the City for a specific purpose, don't you believe it's possible that the City could develop a good management team of volunteer , participants, citizens, public spirited, don't you think they might be just as qualified ... Mr. Condon: You mean as... Mrs. Gordon: ... as any other management group? Mr. Condon: What do you mean, I'm not sure I understand the question? Mrs. Gordon: The membership of the Trust being selected from very qualified people able to do a particular job involved would then give a stronger management Trust as there would be another entity that would be hired for that purpose. Mr. Condon: Well, you mean as a consulting firm perhaps that...? Mrs. Gordon: No, you analyzedtwo or three propositons and I'm saying that if the City put together a package made up of people who would be selected... Mr. Condon: I see. Mrs. Gordon:...with particular skills to be apart of this Public Trust, this entity that you know, therefore, the management factor could be equal on either •i.de in my opinion. Mr. Condon; It seems that this City should be capable of putting together a management team with the skills necessary to do that, Does that answer your question? Mayor Ferre: The question of leases, private property in government,is one that we have many examples of in Miami, the City of Miami itself for example, has a long term lease for the Rusty Pelican. Now, the Rusty Pelican is something that corporation came up, put up its money, built and I can't get into the darn place myself, I have to wait all the time in line to get in by the number of people that are always waiting Mr. Plummer: But you don't tip. Mayor Ferre; I don't know whether a committee couldtve done that or whether you 31 JUL 9R107 Ye know, the fact is that Specialty Restaurant has, a track record to do that kind of restaurants, and they do it well and the City of Miami is making a lot of money, the public is heing served, the private sector is also doing well, but I donut personally have any objections to that as long.as the public Is served and that's, exactly the kind of a situation, for example, we got into with_WatsonIsland, Watson Island is a proposed long-term lease, Miamarina is another one and we have all kinds of these long-term leases to do things. We have Wometco out here that has its Seaquarium. Now whether or not they're paying taxes or not that's another lawsuit, another problem but that's got nothing to do with the fact that there many public properties that are involved also with the public purpose. You know, Proposition 13 as Dan Paul, yes, that's the point, Proposition 13, as Dan Paul said on channel 10 last Sunday,is a lot more than just a tax revolt, it's a lot more than a tax revolt because basically what's happening in places like New York City is that people are beginning t(.1 say all we want are basic services, police, fire, and garbage pick-up,and all tlres.c othei things that you guys are getting involved in,such as social services, And all these things of putting up facilities and sports facilities and ail thess things you let somebody else do that, you know, so there's something that t: >'+:e got to think about very carefully is the kind of message that we think Preposition 13 is all about Now, we've had three opinions so far, and I think we , ct ; : t, to ,*et , two more opinions and then see what the will of the rajc'city is anC. tcf a vote and move along. Mr. Plummer: May 1 to review the reconLnc Mr. Condon: Mr. P1 Mr. Condon, did you have the opportunity Manager? re t to t commient on Mr. Condon I think :ne fol I�we 1 considered in our re °meiendati�,n of it. .'INAUDIBLE COMMENTS i'L CFI: 'J hh tt:c r.x. l erre: Yes, but you see tir. Plummer: That's' ly the question 'r Mr. Plummer: his recommendations? ecommendation,'however, we had not trust I can't respond to that part PUBLIC RECORD) Ike, we maybe wasting an awful lot of time . t"1 was hoeing you would comment on, you know. Mr. Condon, nager is proposing to initially put out on four Okay, it's four plus, plus a short-term, whatever short-term is. Mr. Crassie : Could I Commission? make a Mr. Plummer: Please do. ying comment, Mr. Mayor and members of the Mr. Grassic: When we received proposals from the private sector we got two kinds of proposals, one that the private sector raise, the money and the other that the City raise the money but that we have long-term private management. The essence of what is in my vecorimendation to you is that the City adopt the alternative of the public raising of money through a revenue bond issue. Now, that is the technique that would be used by the Trust,necessarily, that's the only wee they would rc;i:e money. It is the technique that would be used by the City if it were doing it itself, and it is the technique that was proposed by one of the private propotcrs. So in terms of the source of the money, we're talking about a revenue 13ue, What I'm talking about in terms of management is that with a City revenue ittsuc:,where you do not expect a private sector to invest their own money, it: is reasonable then to give them a shorter term to manage the facility because cAhc•.' do not have the obligation to recoup their private investment. What. I'zi baying is that if we're talking about a revenue issue,which is by tar the cheapest money in terms of building the facility and is the way that it will he financed in three of the alternatives, if we're talking about a revenue issue of the City then you have the option of offering the private sector a shorter term,and that was the extent of my recommendation. Ht. Condon; Mr. Plummer, I :wean.. what I said, I didn't take into consideration Ir. Grasaie idea about ar four year lease, however, I do have a point -of --view t-.:t the length of a lease. 3, Mta Plummer: Please express..,. Mt. Condon: I think 30 and 40 Years is too 1enge We didn't really address ourselves to the proper term of a lease but I've had that in my Mind in regard: Mr. Plummer: What would you say is a minimum year lease? I think the average, Mr. Grassie, would I be correct that the investment was in the five to six million dollar category, is that a ball. park? Mr. Grassie: The City's investment would be in that category, yes. Mr. Plummer: Let's say a six million dollars project, what would you say would be a minimum amount of years of a lease for amortization? Mr. Condon: Well, there's really nothing for the management to recapture in the way of money. They haven't put out anything in the way of money, they've put out their time and talent to come up to this point which is worth money but so far as dollars expenditures) would imagine that would be kind of minima] so that there's little he has to have to recapture that would require the justification for a very long-term lease,and you asked me a question of, what did I think of the term of the lease under those circumstances?, I haven't thought about it seriously enoueh,I could probably come Up with an answer but my associate might even have a different number of years as an answer but I think that the long, long lease is too long and I think that when I said that this is geared at the point now when you select somebody you really begin studying the deal that that's going to be part of the negotiation and it's one of the things that I have in mind always that should be looked into,the length of the lease. Mayor Ferre: I want to make sure that we all understand exactly what the Manager is recommending that we do and I think just for the purposes of focusing on it let's just rattle them off. Number one,that the City immediately proceed to negotiate short-term management contract with Biscayne Recreation for the operation of Miamarina. Two, that the City begin negotiations with Dinner Key Marina on a construction management contract for Dinner Key not to exceed four years and then additional short-term operating management contract for the entire facility. Three, that the City proceed to raise the capital required to improve Dinner Key and Miamarina through the issuance of Revenue Bonds guaranteed by the improvement facilities.Four,that the City work with the successful management firm of Dinner Key in the preparation of necessary plans to obtain permits for the expansion of Dinner Key in accordance with the accepted Marina design standards. Five, that the City begin negotiations with Coconut Grove Sailing Club for its expansion and relocation. Six, that the City work with the successful management firm of Dinner Key and with the Coconut Grove Sailing Club to expand both mooring facilities in the Dinner Key area immediately. Seven, that the City Manager be authorized to appoint an advisory committee to assist the City in the development of a Marina Master Plan for the City. Now, where we're at is we're trying to get a consensus as to whether or not to proceed on the Trust basis. If we go to the Trust;then that's a new ball game, if we don't go to the Trust then I would recommend that we start with one and go right down to seven and vote on these things and either defeat them or move along so let's bring it to a head. What't?...Plummer, there's three of us that have expressed opinions, you and Reboso have not at this point, if you want, otherwise I'll do it any way that you want. I'm limiting this to the members of the Commission at this point. (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mayor Ferre: Sir, I have the right,as the Chairman of this Board,to do what I think is the appropriate way, now the Commission can overrule me, but you cannot and at this point I am giving the extension of the courtesy to Mr. Plummer and Mr. Reboso and you are out -of -order, now sit down. You're out -of -order, sir. Mr. Plummer: Mr. Mayor, I will reserve comment until I have had the total input, I think what you're really asking at this time is for the Commission to express itself vis-a-vis gust or no --Trust and I want to go more into depth with the Trust than I want to go more in-depth to the Manager's recommendation so I would reserve my comment until such time as I',ve had to do that. Mayor Ferre: Mr. Reboso? Mr. Reboso: Mr. Mayor, in my opinion, this proposal came to the Marina Tenants' Association was to keep the low rates of the City's Marina, so at this time i am 33 Mil 99 107t) inclined to follow the ref.erranendations of the administration in favor of private contract management in contrast looking for the proposals involved in thecreation of the Marina Trust. Mayor Ferre: Alright, now, this Is a public hearing and 1 will hear from anybody who wants to speak in a moment. We're going to get to that. At this point and 1 think what rm've heard basically is four opinions and one reservation with regards to the Trust. Now, how does the Commission... -and I'll ask for your guidance -- how do you want to move now? Mrs. Gordon, Public her Roy, Gibson: let of minutes and thin 1 Mayor Ferre:. okay. Mayor Ferre: Let's not get i.nt is that acceptable to everybo l stion of the Trust for now, of the Manager's recommendation this let's take a five minutes break and... Mayor Ferre: Well, Wait, writ, 1'et's set the guidelines of what we're going to do, because we've bunts at tli .s ,now for an hour and a half. Now, how many people would like, to speak on tb s 'Issue- along, the trust issue, raise your hands, please, those of you that wish to speak, 1,...2,3,4,5,6,7,8,9,10,11,12,13, 13, alright, now does anybody need to speak more than three minutes of those 13?...Ma'am, I'm just asking a question, cb-.1 anybody wish to speak more than three minutes? You do?, well, how many.miuutes would you like to :peak? ... five minutes, six. Anybody else? Alright, this lady has six minutes and everybody else will have .hree minutes and .if y=; .' l ;ame ;over b,2re and give the Clerk your name and there's 13 of you as I saw it, and we'll take a five minute break while you do that and then we'll start hearing public comments. (THE COMMISSION TOOK A FIVE i;it I T1.S RECESS). Mayor Ferre: If you'll tdk;. y.'u7 ..eats we'll proceed, it's now 7:00 o'clock P.M. Would you please take your seats? Alright, lir. Clerk, would you tell us who the first speaker is? No, you don't need to bring me the list, you read it, just read it off, who is the first speaker? Mr. Ongie : Jack Lowell. Mr. Lowell: Members of the Coruuission. My name is Jack Lowell, I'm President of the Coconut Grove Chamber of Commerce. I reside at 3600 Stewart Avenue in Coconut Grove. I sent each of, you a letter on behalf of the Chamber of Commerce setting forth the Chambers position as opposed to the Waterfront Trust, a public trust procedure for Dinner Key., Mr. Plummer: Opposed. Mr. Lowell: Opposed. Mrs. Gordon: Why? Mr. Lowell: Our feeling is that the Commission has approved a Master Plan in 1472 and nothing has happened and that if you try and pursue the public trust route nothing is going to happen either and I think it's time to get something done. We're a little concerned that the financial projections which have been required of the other applicants have tsvt been done by the Trust and when questioned on these things they've been rather vague, and my own personal experience has been that these items are the weakest part on any public or semi—public authority. think in t.he iinau.iai aeL t.uc it'c u very weak stay to go. I would also like to 107 that as far as the specific proposals before your we're in favor of the exi,a,r144oh of the Marina facilities and would like to see if any other expansion 14 done; gee tt liMited to one additional restaurant and 1f there are any shops included they would he Marine -related facilities and that cons.ideration be given 3 j .ill= 00 in70 f to the Marine Suppliers from Coconut Grove doing business. now, Again; I reiterate the Board of the Chamber of Commerce has, voted not only not to aupport the public trust but to recommend that if a Trust is formed in the. future that the Dinner Key facilitiea not be included in the public trusts Thank you. Mayor Ferre: Alright, sir, next speaker. Mrs. Gordon: Mr. Lowell; may I ask you a question? , Mr, Lowell, may I ask you a question? (repeat), Will you tell me when it was that the Chamber examined the Trust agreement concept and how long ago that was? Mr. Lowell; Mr. Dixon, spoke to a general meeting of the Chamber about two or three months ago and he also appeared at a Board meeting about two or three week$ ago to speak to us again and at that point, the Chamber reconsidered the issue of the Trust and did not change its vote at all. Mayor Ferre: Any other questions? Alright, the next speaker: Mr. Clerk? Mr, Ongie. Fred Roth, Mayor Ferre: Mr. Roth? Now, Mr. Roth, it's your turn to talk? Mr. Roth: Mr. Mayor, let me first apologize to you. Mayor Ferre: It's_ alright, you don't have to do that. Mr. Roth: We've been here before as you well know, but please accept my apologies., I just felt that the public ... I misunderstood you, I thought you were ready for a vote and I thought this was a public hearing. This, of course, Mr. Mayor, the whole idea of a public trust, although, it wasn't called that originated with you two years ago when we were here, remember? Father Gibson, if you'll recall, you and I had quite a conservation about electrical bills here about a year ago, right? Rev. Gibson: Yes, sir. Mr. Roth: I was really amazed at your statement, if I quote you correctly, that you're concerned about the money that the potential lessees'have spent in putting together their proposals . Father Gibson, this is a free enterprise system they paid their money and they're going to take their chances, I'm really not worried about them. Do you know what I'm worried about Father Gibson, you're giving away $800,000 a year for three years,$2.4 million dollars of my money, You are willing to give away my property, not your property, my property. What would your church members say if you proposed this to them?- They would not b.e at all concerned about the lessees'that are sitting here, and neither am I let's keep that $2.4 million dollars in the City of Miami. And, I would like to make another point on lessees. Mr. Plummer: Mr. Roth, could you do it a little softer? Mr. Roth; Mr. Plummer, thank you, I get carried away as you know. Mr. Plummer: Yes, but my head after 1:00 A.M. this morning being here can't take it again. Mr. Roth: Sir, I had a 10- hour day too. Mr. Plummer: We had a 17-hour day yesterday. Mr. Roth: My apologies. Mr. Plummer: I didn't ask for apologles,just a little softer. Mr. Roth: While we're on the subject of lessees'; the City of Miami has had 4 lot of giucceaa with lessees' in other endeavors but might I bring to your attention, sir and madwn,that within 1,000 yards of here you have a lessee, who is not able to pay the rent on the Marina facility you leased to him, Lady and gentlemen, I'm in the property management business, I manage buildings that have g3 leases in them and if they don't pay their rent on the lot day of the month we get them out, we don't go back and renegotiate the rent two years later, which is what I heard here a month or so ago at the City Commission meeting somebody in 35 JUL 2R197R • • • ME the Administration said, " Oh: we're going to change it around because it was front loaded, it was heavy on the front, now we're going to change it around and put it to the rear". What's, the leas,ee doing putting that money in his Swiss Bank? Matta:my money, Father Gibson. That's my property Father Gibson, it is not yours to give away and this is what you are proposing.. Now, 1 have one final comment, I see my three minutes is gone, Mr. Mayor. I have served on a Waterfront Committee, I have served on a Tenants Committee, as you all well know, and I must make one statement as a private citizen. I too, have been trying to get information and I must make this statement, that the public does not share the confidence that this Commission shares in your City Manager. Thank you. Mayor Ferre: Alzieb next. speaker, Mr. Clerk. EE Mr. Ongir: Tim Filingmm ME Rey. Gibson: Mr. Mayor, Em too, so this is a ��rt Mayor; kern:: he or she can Mr, ongie Jim Wellington Mayor Ferre: Jim Wellington, o c Mr. Ellington: I'rr. 'I'ta:, E11ix,&ton. I'm just a taxpayer, you know I don't represent any group: l don't really have any influence behind me. I'm a boat owner and this is my nLighhenhoods In listening to this session tonight I. don't really think that a dt:...sir:. can he made yet. The gentleman from William R. Hough and I happen to Le i.rrvt:lved in the same type of business and hold that company in high rcgatd, ;yet :it' stated than they came in a little bit late and that they didn't have the bevel it of roast lting engineers and so forth. I agree with Cunm;isionr-; Fti t, t:,otcion that perhaps based on the presenta- tion made tor,il;itt it e ez _t r 0,o e-ssi..nal but this should he looked into a little bit more rc'g�+..?ai t a:t�r : t..Also ;- :-A l iicpe i'ui not out of line just based on what 'I've read in the :. w ,l r�i:,si uit' of these proposals sound pretty ridiculous to me. I don't, you know, to put a Latin Food Restaurant with a Coconut Grove Sailing is, I mean, you're trying to build up S.W. 8th Street to Latin quarters, if yc,r.r're intere;,tec{ i.r1 T at is Restaurants go help those people and I don't see building bridgesacress, yeu know, the. Bay is going to ruin aesthetically. I just think that we should improve, that we should improve the Bay area, the Coconut Grove area, so that there's not a tremendous waiting list,so the people don't have to pay boat owners don't have to pay exorbitant rates and I also agree with Rose Gordon tht:t 1 thin we could put together a team, you know ,to manage_ it, it's a boating community and it's, you know ,let's keep it that way. nn.. Alright., r be asp*a r1 lot my Mr. Ongie; Jim Wellington. me share this wl th the speaker, I'm 'a property owner lwraperty too: Item. Who's the speaker 'following hat so that Mr. Wellington: James Wellington, Audaban Society. We support the concept of the Riverfront Trust in principle and also speaking as a private person I do, and 1 -would not like to see that land given away where it would be inaccessible and very difficult for those that do not have boats to either view or use or just to obaer•ve, thank you. }ir. tingle: The neat speaker is Marilyn Reed. Mayor Ferre: Mrs. Reed has six minutes rather than three, okay. Mra. Reed: My name is Mai.il,l bLod,I reside in Coconut Grove. I'm representing Friends of the Everglades, Save BiMcayne Bay, Inc., and a group of homeowners, who reside in Central Grove. I cannot emphasize enough in the strongest language pos.aih.le our opposition to the public facilities proposed to be turned over to private development under any c-ondirions, whether by lease, by management or otherwise. The City --owned marine facilities belong to the public, not to the Cgiwiz.sion. The people hold a huge investment in these public properties and the City has no h:tsinesb tura1og these public facilities over to private interest for their private profit atthe expense of the public and the taxpayii.g citizens of this community. fioteovie , the City does not own the Bay. It is a atate park an aquatic perserve protected by law. It belongs to all the people, not just the City to do with as it pleaseai the boundary line of the water column is the main high water line under the act that protects the Bay, The proposed plans which 38 you then presented by private developers are nothing more than profit making schemes fox the developer and they're rushing their greed to be considered as a successful applicant.,Tbey failed to consult with environmental groups., they failed to thoroughly investigate the possibility of getting permits from State I and Federal agencies, they spent their money, they took their chances without thorough investigation. We have no sympathy for them in their outlaying of ' expenditures. It is the capitalistic formula of risk -taking. For many years m scheme after scheme has cropped -up to grab the public lands and facilities. We have been through racing domes, the"Big Moe",wild west tour shows, many interama's shopping malls, pizza parlors, theme parks and now this. i Environmentally, none of these projects are acceptable, nor will they stand up in the light of Federal and State laws for permitting. Mr. Meredith according t the press, in Miami Herald,has been ranked the b.est on the basis of quote, and this was in the Herald,"environmental,aesthetic economic and other considerations by what standards,Mr. Grassie,did you measure the environmental concerns, by what rules, by what laws, and by what meeting with any of the leading environmental groups? Mr. Meredith has just been cited by the Department of Environmental Regulation Management of Dade County for polluting the Bay. Indeed, these same violations also put him in violation of the State and Federal Water Quality and pollution laws, as well as., Florida Statute 258.165 which prohibits affluentsfrom being dumped into the Bay.. This is hardly the proper type management group for any Bayfront properties owned by the public. It is ironic that Mr. Meredith is contributing to the destruction of the Bay, also sits on the Bay Rules Writing Committee,with me, underthe Chapter 258.165 the legislative intent of which is quote,from the act,"that Biscayne Bay be perserved in an essentially naturalcondition so that it's biological and aesthetic values may endure for the enjoyi.,ant of future generations. It is also interesting that we in Dade County, in conjunction with the Department of Environmental Regulation in Tallahassee and Dade County agencies, are embarking on a long-range program of Biscayne Bay restoration with the first workshop schedule for August 26th at the Museum of Science. We have obtained the seed money from the State Legislature in the 1978 session and we'll have matching grants for Bay restoration from the Federal Government. Why is it the City of Miami always sits like an island onto itself and never coordinates either with the laws for the Bay or their rules or with any of the environmental groups or agencies who work so hard to improve the Bay for everybody's benefit. I would like to remind you that in considering the increasing of slip space ,that you must also consider where these boats are going to be safely harbored during time of storm and hurricane. As boat registration has increased in this county, the available spaces for boat storage in time a storm has decreased, to just say that you're going to build many more Marinas without considering numerically available storage is to court disaster. Dr. Neil Frank, at the University of Miami ,is daily about this problem. The time has come to take a different course and that course must be to support the concept of a public trust to manage the public's Bayfront properties. The environmental groups I am representing here, Friends of the Everglades, Save Biscayne Bay. totalling 3500 members support this concept. It is the only viable alternative from the standpoint of economics, the environment and most important,the public interest in welfare. We are unalterably opposed to private developers taking over the public property and urge that you consider the ramifications of long-term opposition,which will come during the permitting process from the environmental groupsand concerned citizens towardprivate development applications that as to dredge and thereby destroy bay bottom or to fill in this bay with islands, causeways, and other such schemes which are prohibited by law. The other day the came over and informed Mr. Merrill of this and I think you should talk to Mr. Merrill about these proposals. The public trust has my personal support as a City of Miami resident and taxpayer, it has, the support of the groups I represent here today for their management concept., We are willing tp continue to work with them as weLve done in the past few weeks, to help them achieve their goals which are indeed in the public interest and not for private gain at the expense of the public environment and the Bay. Thank you. Mr. Ongie: The next speaker is Bob Danforth. Mr, Danforth: Well, I feel it's an impossible act to follow, What could I say except that Mr.. Mayor? you have stated on several occasions? as a matter of fact several timea tonight,that you do not wish to give up the responsibility t., 1f I can find your exact wording here. --you cannot give the responsib.igty to others? the elected officials of the ..,., that thlts Charter cannot pass the buck. I believe. you even said that? when I brought up a Similar kind of thing that it doesn't matter who runs, that who you turn over the management to if you are turning over the management you are turning over the responsibility, the trust 01 that I have seen is the only thing that you maintain the responsibility.'' Mr. Ongie; The next speaker is Joe Taylor. Mr. Taylor: Commissioners, I'm Joe Taylor, I'"m the President of, the Organized Fishermen of Florida of the Biscayne Chapter. Of all the plans that I've heard here and unfortunately none of them are complete that you can make a total appraisal on but out of all the proposals that was heard here the management plan most assuredly appears to use to be the most constructive development plan for the Dinner Key Marina, the other plans don't incorporate the features, they speak and address themselves to profit,the speak and address themselves to the specific areas of Dinner Key/Miamaliii:I. ihc Trust Dtvei.opment addresses itself to the total City needs and this ir a real vital issue here, it's not simply Dinner Key and Miamarina, but the whale issue and because we have dropped so far behind,one thing as, a commercial fisherman that I'm extremely afraid of is that we have created a price structure and dockage,literally created,b.y our inactivity in developing Marine facilities,, boating facilities. Now, as a boat owner who is engaged in e public servl ee,we are basically at Dinner Key Providing bait for the spe t`fishing industr.y.We haven't had a rate increase in 8-years, we are producing bait at 8-years ago -prices. Now, one of these called projections ,the one recom;.Yenued 1,y the City Manager, Mr. Grassie, and in his mind, I'rn certain It was the bast would incorporate a price tag of some $240.00 per month at a prcjectiau of $.20 per day,per foot, per a 40ft. slip. This has gotto go into our cost. We can't afford it, that is a tremendous bite. Now, the development plan offers a rate structure which will be much less than that. From what I've seen tonight it ia the most viable plan of all. There is no f:uestion about they fact that it lacks details but of allthe plans I've seen it's got more detail and it's gotmere viability thaa anything we've got so I recommend it to you and as a commercial i :isherruan and supporting this group we are in agreement with the development plan as o►^posed to the others. Thank you. Mayor F'erre : Next speaker. Mr. Ongie: The next speaker is Jack Stanates. .S a ties: ladies .0 :. i? F;o2't lif it, t.h.' motives of the things I wanted to say have already been said, butI would like to remind you all that when you're talking about seiNing the public with the land use of the Marina out here you got to remember what public you're serving because you made an example, Mr. Mayor, of the Rusty Pelican and the Rusty Pelican has been, you know, taken over by a private: organization and is serving a part of the public but it's the part of the public that can spend $20.00 to go out to eat and it's not serving the part of the public that used to swim there... Mayor Ferre: I stand corrected, how about Captain Dick's? Mr. Stanates: What about it? ... What I'd like to say is from what I understood what the plans are some people would like to turn this area into a "high class Marina free of undesirables"and that's a lot of the people, you know, who'd like to use and I think those are the people who would stand to lose a lot from having this turned into something like that? you know, so you know, I'm kind of nervous I've never addressed the Commission before, I'd just like to say that, you know, that 'ou'ye got to remember that if they turn it into a big high class organization there's going to be a lot of people who really enjoy the waterfront and like it like it is and they're going to tend to rose it you know, I think that's what going, to happen. Thank you all very much. Mr. Ongie: The next speaker is Sherry Cowell. Ma. Cowell: Mr. Mayor and Cominissiou. This is the first time I also am addressing the Commission and I'm very nervous. 1 am not a boat owner, but I like the water and I think the waterfront iinti all it's aurrounding areas belongs to the people. This country has seen What private corporations do, they take money, they have their tax loopholes, etc., I think if we the people are aaying that we care enough to volunteer and he a part of and work for the City and the waterfront than you should heed the people who vote for you and go for the Trust, it's for the people and the City of Miami. Ungie; The next speaker ill R. Skinner. ri:_.. Skinner; H}' name it Renarda Skinner, and 1 repreaent the fangrove Chapter of the Isaac Walton I..eaue of A.meri.ca. We are also 1n aupport of the concept of the :,uhIir treat. • mmmw mmmw JUL 281978 Mt. Ongie: The next speaker is Joanne Holtzhouser. Ms. Holtzhouser; I'm Joanne. Holtzhouser, I liye At 4230 Ingtcab*tn Hw r. Coconut Grove. I'm President of the Coconut Grove Ciyic Club.t I wish I could say this. is the first time I'Ve addressed the Commission, I really can'•t Ray that we support any of the plans.., The Civic Club Board has not taken a position for or against any of them ,so what I'•tn going to say is my view as President of the Civic Club. having been on the Board for 12-years now. The Russell -Melton plan was an outgrowthtin a manner of speaking,of what we started as some of you may MI know about 11-years ago and looking at Coconut Grove and the people who live in it with the help of professionals,Building on that in part and in -put from its own departments, the City of Miami came up with various plans., The Russell mm Melton Plan we thought was a good plan; at the time there were some environmental concerns. I shared those concerns. The night that it was adopted in principle MM in these Chambers there were probably 300 or 400 of us who went home thinking that MI ■ we were now going to see the waterfront area of Coconut Grove substantially developed for the citizens of Coconut Grove, the City of Miami, Dade County and tourists,meaning that all income levels and all people would have some access of some areas of it. This has not come to pass, it's a matter of great concern to the Civic Club Board and our members that it hasn't been able to come to this point. One of my problems with the Public Trust is I'd like to have some way of feeling this wasn't going to be another 5,6,7 years down the pike and we're still not going to have any development. It may be that they can substantially satisfy people that this won't happenthat they will move. I've looked at the plans out I want three developers. We had one developer come to us, ask for a hearing which we gave him and he discussed it in detail. The point of the Civic Club's involvement right now is not to advocate that you take the Trust or any of the three plans but I want to get on the record that there are several things that we substantially will fight for consistently, that is just what 1 have said ,the access by all categories of the public to the waterfront area. We will also be specific that we did not,as Mayor Ferre and the others remember ,approved the Rusty Trust, we fought it every way we could, we did not fight it legally, because quite frankly we were involved in a very expensive lawsuit about Fair Isle and we could not pursue it, we would have had the money. We do not wish to see another Rusty 'Trust, just in the spring of... i • Mayor Ferre: Another what ? Ms. Holtzhouser: Rusty Trust. Mrs. Gordon: What's that? Ms. Holtzhouser: Your hanger over here which Tripp Russell referred Rusty trust, I've always like that. Mrs. Gordon: 0hl Mr. Plummer: The Rose Gordon Exhibition Hall. Mrs. Gordon: 0h, no you don't put that on me, no way! Ms. Holtzhouser: Actually, I think we were calling it the "Maurice Ferre Sailboat", I was trying not to say that. ilayor Ferre: I think you'll be happy when you see the end result. Ms. Holtzhouser: Al, come on. I had pleasure of chairing a dinner in February, which we were able to hold at the Coconut Grove Sailing Club . There were 260 4ailors there from all over the country for a lighting fleet. One of the men who was there is an international sailor, he owns a very famous nautical enterprise in another Steta and he was charmed, as were the people there, at the beauty of the Qcene, the moonlight, the Bay, everything, but the next day as we drove up to Dinner Key, he turned to that and he said, but what is that? We don't want another international viaitor here saying' what is that"to something else that goes,up on the Bayfront, no matter how well landscaped it is,that's what it is, it's that. Me,alsA, as we drove over the Causeway to Rey Biscayne said, and "What is that7"And"that"happened to be Fair Isle which looked even worst from a boat. This is what the Coconut Grove Civic Club_istalking about. We want enough involvement by the people in an ongoing way to say, we have a right to the waterfront, we have a right to the land attendantto the waterfront. We want apecifically,at this point to say that the City, as I understand it, has plans for the Coconut Grove Sailing Club to move. In my personal opinion, the Coconut Grove Sailing Club is in an optimum place, both for the Sailing Club and to the City of Matra, meaning all of u!?, from the City, it's a beautiful spot, it's one that does us good as. far dst publicity goes., If that is moved, if the Civic Club_ agrees, to move it and the City agrees to Tnove its 1.'ut hete to tell you that putting a Spanish Restaurant, an American Restaurant, a Greek Restaurant, l don't care what restaurant on that spot,tae will fight. That isa park spot'nnd it deserver, to be a park. If you want to move the Sailing Club we want something there et substantially the same nature, and that goes for all the strip If you let it out to private interest let us have some say-so in keeping it good for all of us, which doesn't mean one can't be high price and another )ow cost, but giye us a chance,that's what we're asking for,is really none of the above. Thank you. Mr. Ongie: The next sneaker Is Paul Schabacker., Mr, Schabackt:r: Mr. f'ayc;r, l'm Paul Schabacker. I have a little bit of experience v.ith a public trus.t, namely, the Public Health Trust, that's what I would like to share with you just at: this ,;towent,. I don't know anything about Marina management. Until abr..ut three months ago, I was Associate Executive Director of the Health Systems Agency and I have trees a senior level staff person of that agency for almost 9-yearts and it's pre;de:u;>Eior agency, the Health Planning Council. As such, I was very participant in the yfirit;u& actions that occurred in the development of the Public Health Trust that now manages Jackson Memorial Hospital. I was participant in the development of the concept, participant with the people that developed the concept at: staff level discussions, Interim Governing Board, I was participant in passing of the enabling legislation in Tallahassee that allowed the Public Health Trust to come into existence, I was participant in watching the development of the Govt'raing board and Interim Governing Board for the Public Health Trust,and I have, been quite participant and observant in watching the progress and successes and of the difficulties that the Public Health Trust has encountered. At. the tire,of the development of the Public Health Trust and part of the reason for its devtrlopneat was the considerable difficulty Jackson Memorial Hospital was experiencing, considerable financial difficulty, difficulties in relationship with the i live. city of Miami Medical Schooland of most importance and most crucial at the moment,was the threat of loss of accreditation by the Joint Co,mission i,ccredttat n ; f Hoaal t a s , (.JCAH) ,which would have been a diaster for this community, The Public Health, Trust was an effort to come into what was going ON around the country in turning over the management of a community facility such as -a hospital to a corm, ty be aid that could have closer management participation than the far away City t oun;:1 J or county Commission ,or whichever. I was being done in Chicago, Cook County HH;;spf t:fi, i.n Detroit, in many other cities around the country and a Public Health Trust was then setup in this county. There have been considerable successes. in faeti to a large extent, Public Health Trust has turned around some of those difficulties at Jackson Hospital, their financial difficulties are considerably improved, their ability to getpayments,they have established their re -accreditation and they have finally settled a long-term relationship agreement with the University of Miami Medical School. There could have been a sale for giving away Jackson Hospital to i.rivate management, you can be sure there were i;ertons that wanted that, there were outside corporations,profiteering corporations in the health business, and wuu).d hr,ve liked to.Can you imagine what we'd had in health cost in this community had that occurred. A Public Health Trust,as we see it at. .Jackson,has bees quite successful. They've attracted substantial volunteer members to manage it, people of this stature such as Mr. William Singer, Mr. William I"ratee, Monsignor Walsh, just to mention a few of them and there is no question that. these persons could serve the community in the public interest. A Trust can work if the public will put their trust in it. Hr. Ongie: The next speaker is Toi Pinney. Mr. Pittney: My name is Tor Plane; , I'n, one of about two hundred odd people who live more or less full-time in the Brea called the Anchorage out here, I live on 6 boat.. We deal with this waterfront every day.Mnst of us, I think long-time rtaidents. I've lived here fur about 4-years and I've been working here. I'm a voting citizen. We're all really concerned about the changes going on in the saatertront here. Hone of us scants to ace it turned into another Ft, Lauderdale, with a lot of tall hui)dinga. and a Jot of concrete. This is a really beautiful bayfront hexe, If You give it to the people who want to make money, they're going to pave it over and they -re going to makea lot of money with it, That'll not going to help aby of the people that want to liye hereand enjoy its So I just wanted to express that opinion from the Anchorage. 40 JUL 2 81978 Mr. 0ngie: The neat speaker is Soul Rosenberg.. Mr. Rosenberg: My name is. Soul Rgs.enb.erg., I live in Coconut Grove. Mr. Fred Stanton Smith, who is the President of the Tigertail Association asked me to read the following statement; "The general memherahip of the Tigertail Association, a Homevwnera Association of 500 members in Coconut Grovfitheircted its elected Board of Directors, to hold a special meeting tc develop- mentuss of the City of Miami's Waterfront. At the meeting it was unanimously voted to make known to the City Commission the position of the Tigertail Association., The Association is greatly in favor of the expansion of on -water facilities, such as boat ramps, moorings, docks, but only specialized on land amenitiessuch as a true character seafood restaurant. We are opposed to landside development that is not marine related or recreation oriented. With respect to the waterfront trust, we believe that a full and in-depth study should be made,a professionally -directed, experienced, public-spirited public turst in similar in structure to the Port Authority, Parking Authority and public health trus.t would be highly beneficial. For these reasons the. Tigertail Association believes that no award of lease or management agreement should be undertaken until the City Manager has completed and presented to the City Commission a comprehensive study of the trust concept as it relates to the Dinner Key Marina and Miamarina". Thank you. 41 JUL 281978 • Mr. Ongire The neXt sp aker'is 1 rank tilbrittbn Mr, Frank Albritton: •Mi Mayor, members of the Commission and general public,' tonight we have before ors a very difficult decision and I hope that the decision is now to give Public Trust a better chance. I have to go with the trust in my heart because I think one ingredient of the integrity to me is so important, what's involved. And the integrity displayed behind the scenes of different proposers not tryinu to sidetrack the issue, but. I think there are legitimate questions to be raised as to what this really represents. Is this your purpose to discuss what the r c=.commend:atian i a? st.pi>a red to he. about. or is it just for the trust right at this p:oint7 ... Well, then maybe we can raise these questions later and I think they have to be addressed and I know everybody's opinion and what I say is in all due respect and my appreciation to all of you but I've been around here a lone time and I do not like what is happening. I'm not against development, we need new piers, we need new docks, moorings. There is a question of competency as to the trust and I really do not feel that it has been properly explored or really given an oppertnnity to work out: more details and I hope you would consider thi5 as ..a viable a1te..nat.ive. Thank you. Mx. Ong t t.. The next speaker i s Tore Post . Mr. Tom Post: Mr. Mayor and Corsn.issioners,' my name is Tom Post. I represent a group that did bid on leasing one of the facilities. That particular facility wasMiamarina.- We were not selected as the Manager's choice from the review but I wan t.; speak for just. a aeobnd about the trust concept and I wanted to point rut in: particular ar, attachment that. was included in the Manager's packet and I hope that each one of you received that attachment. Do you know whether they have received that at all? It. is an attachment two on the front of it is an inter- office *memorandum from Mx. Grassie to Mr. Fosmoen and it contains a detailed break- down of the marina trust :oncept and I think some very cogent comments concerning marry of the questions that need to be asked in connection with the trust and I hope that you all will just give it some review. tar. Plummer: Before you go any further and get everybody totally confused, the comments in the paper in which you're looking at are not comments of the staff or of Mr. Grassie. What you're looking at, sir, is the letter that was sent to the administration by Mr. Spencer Meredith and they are his comments. Mx. Post: That's correct, all I'm saying is that it was an addenda to the Man- ager's report and I think that certain questions were raised in that memorandum which are very cogent to this- decision that you're about to make and I'm sorry if I inferred that it was the City.Manager's, it was not but I think he took it under consideration in making his final decision. The one question, however, which has not really been raised tonight is the question of whether, in fact, the City can at this point in time establish a trust or is some need for state legislation required such as the legislation that was required to implement the trust for Jackson Mamorial Hospital. We have a couple of eminent constitutional authorities here today and maybe that question should be proposed to Mr. Paul and Mr. Dubbin. In connection with the figures that were presented to the Commission a few minutes ago,I'ra a little bit concerned about those figures as well. Those are the economic figures that you saw in that slide presentation a while ago because I think those figures differ drastically from what the City of Miami finance sheets show which were given to me at the labt City Commission Meeting on this subject by the Finance Department here in the City. For example, they show any profit from Miamarina to be less than $36,000 for an eight -mouth period with nothing being spent in terms of replacement, refurbishing, repair. Even the lowest bid that has been submitted by even the lowest bidder for that marina is substantially above that type of revenue return and all of the bidders have indicated that they will do substantial .ork in improving various facilities for the boaters and the recreational commun- ity. Arad one thing that I'm concerned about as representing a group, I want to n..ke sure that the public knows that we want people to come to Miamarina if we 42 i JUL 28197q should be the bidder. We want people to come to the marina and I think all the bidders do that, nobody is trying to shut out the public. We also indicated that we do not have a rate increase. And one final thing and then I'll stop and that is I happen to be a taxpayer of Miami, I don't live at Dinner Key so, therefore, I pay an ad valorem tax. Now there are people who are living at Din- ner Key and who have been living there,according to Hector Gai,for as long as 18 years an Iiveaboards. And those people have yet to pay one penny to the City for any police, fire, library, museum, social services in any form as it relates to an ad valorem tax. And all the proposals will bring income into the City and tax as revenue to the City and will substantially help the City in its financial burden. Mayor Ferre: All right, next speaker. Mr. Ongie: The last speaker is Allen Bliss. Mr. Allen Bliss: I'u. Allen Bliss I live at 1402 S. Bayshore. Mr. Mayor and Commissioner, I have a sailboat rental at Dinner Key that Mayor Ferre helped save when the rates were going to go way up. I'm for the trust but as much as being for the trust I'm opposed to turning it over to private enterprise. In other words I wouldn't mind if the City continued to run it for the money that's coming in as much as I don't want to see private enterprise take it over. Part of the reasons are that you were able to help us stay in business over here with the sailboat rental business. Some- body, for instance, made a contract on the Dinner Key Marina parking lot, it was in December they started tearing up the parking lot and right now there are still piles of dirt where nobody can park in front of our business. Anybody that owns a business knows that you need parking. The other thing is the fact that while Mr. Meredith and I are on the Marine Council - I'm on the Marine Council also - he said he'd stand on his record and I don't think we're going to get the service that we could get from a trust where the people on the trust, outboarding people, would have a strong interest in improving the services. We have things like a lift to pick boats out of the water for people who can't afford to pay $180 a month to work on their boat because they work on weekends. They can't bring their boats home like they used to be able to do. It's two years the hoist has been out of operation even though a contract with the City states that all machinery is sup- posed to be in operation. There's a wall up there now so you can't go in and work on a work line, there is less parking than there was before and yet there are 200 dry slips there that should have parking I believe, I think anybody else would have to. The barricade is there now and you can't bring new boats and use the slings, those slings are very important to a lot of people and they're not being used. People now >;r_e using the island to paint the bottoms of their boats. They used to because they couldn't afford to go to marinas now they go because they can't get sailboats picked up in the slings so they can move them around to do things and I just think the boating public oriented group like the trust would be answer- able to the Commission much more closely than anybody that's got any kind of a contract where specific performance is not easy to guarantee for us. Thank you. Mayor Ferre: All right, was that the last speaker? Mr. Ongie: Yes, sir. Mayor Ferre: All right, thank you ladies and gentlemen, now that we've heard from the public on this matter it is back to the Commission and what is the will of this Commission? We've been on this three hours now. Mr. Plummer: Mr. Mayor, I think at this point, or we've reached a point just for the edification of the Commission as is listed here I think *4 is in order and that is a statement by proposers regarding the willingness to accept possibly the Manager's proposal and see what they have to say because you know- if they all say "no" - different ball game. Mayor Ferre: That's where I was two hours ago. Ok, I have no objections to doing it exactly that way and I think that is a reasonable approach, Mr. Manager, why don't you conduct that. Mr. Grassie: Mr. Mayor and members of the City Commission, I would suggest in order to accomplish that purpose that we start ill the order of the recommendations that are in front of you that we ask Biscayne Recreation to address their proposal, make a comment on it if they wish and also to cement on the alternative pf having a different kind of funding than they had initially proposed and whether they would like to be considered for a management lease. Mayor Ferre: All right. 43 JUL 2 8197a Mr. Paul Walker: Mr. Mayor and Commissioners, been a new ball game. You've been talking about it all evening and this one is really new or we might say that it is a new day. Mr. Plummer: Paul Walker, what is your name? Mr. Walker: Paul Walker. ?i�.ror Ferre: Mr. Walker-, how long will you need to make your presentation? Mr. Walker: Ten minutes. Mayor Ferre: All right, is thatthe total presentation? MT. Walker.: Total. We passed out a paper and on this paper are the comments that I'm going to make and I want to take the Commission's time to discuss our proposal, :shy we proposed it this way. When the City requested proposals from interested parties and outlined the conditiens under which proposals would be accepted our company complied with tht2 specifications in every respect and was the only proposer to do so. I want to quote several sections of the City of Miami's lease proposal specifications particularly as they pertain to Dinner Key Marina from Mr. Grassie's letter. "The City of Miami has adopted a Master Plan for the Dinner Key area which will be used as a guide fez future development. The attached general conditions and documents describe the information to be submitted and sample lease provisions should provide a general understanding of the type of lease to be negotiated." The;c; are right from the City of Miami's specifications. These are from the pro- posal documents. "Ali proposals shall be submitted in accordance with the instruc- tions to proposers as contained in the proposal invitation documents (and these at page 2, paragraph 2) in an effort to achieve the objectives of the Master City Plan stated in paragraphs 2(d), 2(e), (f) , (g)" and so forth, pages 34 and 35 of the Master Flan these are also in another part_ of the City of Miami specifications but they pertain to the existing volume and flow of water, the need for more slips which we all know by 1965.,and the objective of adding these 630 slips, incidentally are to be located on off -shorty islands - and this is in our specifications - 2(g) review of the project area reveals that while the islands can be used for recrea- t:Aon,it i virtually im p.ssib.ie fox the average person to benefit since they are now inaccessible except by boat_ Uowr here we're coming to something very important to us and this is again on page "It is estimated by the City that the improve- ments required to be made to the existing facilities will require an expenditure of approximately $2,000,Dt0 by the successful proposer and that the marina expan- sion will require an expenditure of approximately another $5,000,000 by the suc- cessful proposer. Peoposetb should have the financial capability to provide fund- ing of at least this amount." And I want to stop right here because here is where we were given a low blow. The Hough Company made a recommendation to the City Man- ager,which he wrote up and passed on to you,that is based on revenue funding, bonds. Everyth nu in the specifications that we worked on for over a year, that we submitted to the Citytwas based on private funding as we were instructed and every bidder was instructed to use private funding. No where nor anyplace in the specifications was any mention ever made of a bond issue. One proposer came up with a bond issue and that became the thing that everyone else was tested against, held up against and you saw it in the trust presentation, the difference between private funding, pri- vate financing and a bond issue. We know that our proposal is by far the best if we were able to use revenue bonds. In addition to that, the $2,000,000 that we were going to use for all the decks and the electricity and the water and every- thing else that needed to be done was coming to us from banks and insurance compan- ies and we were going to pay 11% for this money. I don't know what kind of finan- cial experts the William Hough Company are when they don't read the fine print in a contract or they don't know that they're working on proposals where specifications have been spelled out, and there is a hell of a lot of them here, and these speci- fications do not bay anything about bond issues and then we're put on a sheet and listed nnmher 3 against in a game that we're not even playing. If the City of Miami desires - let's show them the chart - if the City now desires to fund this project from revenue bond issues instead of public funds we are willing and able to fund our project this way. And not only that, we will give the City the differ- c.nee in the cost of private money and bond money and that will be added to our fee whether it is 3--1./2% or 4% or 2 1/22 or 32. The way we figure it now, this will increase the income to the City under our program by a minimum of $72,000. There is some- thing more that I can't understand about the Hough Company as long as I'm passing i that is I have read a lot of financial proformas in my lifetime and I have :limed a lot of retail operations and when we open a retail operation we have a 2r.•..'fornea for year 1, year 2, year 3 and if we can go far enough down by the time ee get our opening expenses taker, care of it always looks good. The Hough Company 4.-,;e. down about 5 years to put together some kind of figures because they didn't 44 JUL 2 81978 take year 1 or year 2 or year 3, they took year 4 or 5 or 6. Under bond issue financing,Biscayne Recreation Development Company is perfectly willing to reduce its lease requirements from 40 years to 12 years or 10 years or whatever is sensi- blesplus a 10 year option for renewal. We believe that a four-year program is unrealistic. In our opinionsit will take more than that to get the permits and to get moving on the things that we want to do. We have had numerous occasions where we've met with the regulatory agencies and we have worked out designs that I believe are adaptable to meet all of the requirements. Our estimation of pro- posed slips is extremely conservative and, in fact, we believe that the possibil- ity for more slips is most likely based upon studies that we have had than Several other things I would like to bring before this Commission, first our guar- antee of $150,000 is from day one. Dinner Key Marina does not spend or guarantee anything until they complete the docks. That may be year two, three, five, they may never complete the last one. Their payment to the City is not on gross receints but on the first 25% of income available for distribution or 50% of net pre- tax profits. They didn't have any profits for the years that they were operating Grove Key Marina through 1976 so how do you knowsin the Citysthat they're going to have any profits in Dinner Key? The Hough reports keep using the word hypothet- ical - hypothetical, this is the real hypothetical case. As a businessman in- volved in day-to-day activities of real estate and leasing,I did not know any owner who would lease to a proposer any property for a share of the operator's profit as determined by the operator. Leases,in the real worldsare made with a guarantee or a percentage of sales on gross income whichever is greater. Most of yousunlike the staff,are business people. You have businesses to run, you know something about leasing and management. Every other lease that the City has,as far as I know1is based on a percentage. Biscayne Recreation Company arrived at its plan for develop- ment and expansion from days of consultation with professional people of the agencies responsible for hearing and approving such projects, many plans were worked on and some discarded. We have been mindful of the environmental concerns exist- ent in our proposal. We have retained the best environmental experts in appeal to guide and advise us in our design and structure in order to assure that no dam- age is done to the area. Dr. Teesesof the University of Miasnisand his associate Dr. Lodge have guided and advised us so that not only do we not injure the life existent in our waters but we actually enhance the growth of fish and plant life. We have been told by a member of the corps of engineers, "Gentlemen, I like your plan because your plan is the only one that has any potential for increasing the size of the marina and fulfilling some of the needs of the boating public." Thank you. Mayor Ferre: Mr. Grassie. Mr. Grassie: I think a word of clarification is in order because the question of a four-year lease has been mentioned several times. If we look at the recommenda- tion,what we are talking about is a four-year construction lease plus a short-term management lease on top of it. The assumption at Dinner Key is that it will take approximately four years to make the overall major improvements that need to be made because you cannot put everybody out of the piers and do all of the work at once, you have to phase it. So we're talking about 4 years for contruction, not more than that, plus a short-term lease after that. Mrs. Gordon: Mr. Grassie, I would like you to respond to the charge that the in- come to the City under ;-,e proposal would be from day one and the other would be at some point down two or three years and also the basis for the revenue that the City would derive. Would you speak to those two points, please? Mr. Grassie: Yes, but the next person who should speak is probably a representative of Dinner Key Marina and it may be more appropriate for them to address this chargesas you put it, you know I think they should speak to that. Mayor Ferre: And if he doesn't cover it we're going to come back to you. All right. Mr. Homer Marlowe: Good evening Mr. Mayor and Commissioners. I'm Homer Marlowe, one of the Dinner Key Marina group, Spencer Meredith's Group so-called. Mayor Ferre: Mr. Marlow, how long will you need to make your presentation? Mr. Marlowe: I'm only going to need just two minutes to make a few remarks and then,specifics, I'll let Mr. Meredith answer. Mayor Ferre: Mr. Meredith, are you going to take time to make a presentation of° any kind or do you just want to answer? 45 JUL 281978 Mr. Spencer Meredith: I think it would be more productive if I answered direct questions that were posed either earlier or by members of the Commission. Mayor Ferre: A11 right. Mr. Marlowe: In that regard I would like to call the Commission's attention respectfully to one portion of the bid, Section 5 of the proposals on page 8. The wording goes something like this: "Redevelopment proposals must be public waterfront recreation oriented and he confined to public waterfront related ,etivities. Within these general guidelines proposers may feel free to exercise heir creative imagination." This was part of the bid. When we put out our ;proposal initially we addressed ourselves to three principal areas, the redoing, t.l:e replacement of the do;:k { nd i don't think that any really competent engine t.ering firm will tell ynn that the docks can be repaired and lasted a sufficient length of time, they must be replaced either by public money or by private money r. by revenue bend financing which sort of blends the two together. In addition to which, using your creative imagination , some of the members of the Commis- sion, in fact, the_Ccaarission itself has expressed the need for perhaps res- •, urar t.is and other facilities because you certainly did when you had the Rusty skean, you certainly did when you. approved Monty Trainer's Restaurant, and you ;.:trtainly did when you put in Miarnarina restaurants there. We addressed these hinge; like a shopping list%if you please. The docks were a single facility, the restaurant shopping area to me was a single facility, the hotel that came up somewhere in the line was a single facility. When the public rose up in hue and cry that they didn't want any type of development like that we forthwith withdrew it and addressee ourselves only to the replacement of the docks and =-doing of the waterfront shoreline itself together with the moorings. We have been unjustly criticized for having raised these specters using our creative imagination because we gave you a shopping list and you could take from it what ou wanted. The public said no, we backed off and we're not going to raise the specter of restaurants or hotels again and we'll address ourselves totally to the docks. Within that frameworkjthe proposal of Biscayne Development to devel- I: the center islands out here ii, order to derive maximum revenue that they :s-oject on their so many slips into the thousands requires the use of a 65-foot -idge that would start out somewhere on Dixie Highway to come over to that -land. And I have a letter here from the Coast Guard saying exactly what the a:nuirements would Le to develop center islands here for boat slips. Also, we .'e a basic income projection in revenue and I'm going to pass all this out t-v the Commissioners as soon as I finish making my remarks while Mr Meredith oncludes but basically we want to do the docks and replace them. If you, the itynis going to provide the financing and be totally responsible for it we'll :_:_:r.t.ainiy go along and will go along with the what the Manager recommends. On as other hand,if the City is not going to provide the financingli.e.lwe have oo be responsible for the placing and the responsibility of revenue bondstthen e're told by our bond experts that it will require a minimum 30-year lease because the debt service on a short return would be so horrendous that there would he no benefit derived by the City from it. Mr. Meredith: There is an answer. car. Marlowe: With that in mind I'd like to turn the remainder of the remarks :aver to Mr. Meredith. ter. Meredith: Homer teas some material there that he is going to pass out, one of them I think is the letter that we received from the Coast Guard regarding the subject of general bridges in the entire Dinner Key area specifically a bridge to the north island for use as a public park and a bridge to the south island for: use as a public park and then a potential bridge to the center islands for any projected development out there. The result of the investiga- tions on our part was that it was not feasible to develop the center group of island; for additional boat slips and so we did not address that. That is aside from a variety of other environmental conditions that were raised. There is another piece of paper that he has given you which answers the question as to what kind of revenues the City would derive from the first day that we started in operation and these revenues, incidentally, and the income to the City is derived entirely from the proposal that we made to the City, now you start out basically with five old piers and they graduallytover a two year period of time, get replaced with seven new piers and so there is a constantly increasing cash flow as you work through this period. The revenues to the City are shown there a_;d they peak at the end to wthat is roughly, our figures are slightly higher than the figures that were produced by William Hough and Company because they .iseti a model and it had less slips in it. We're using actually what we projected :ihich is 527 wet slips and 375 moorings so our figures are, therefore, larger. 46 J U L 281978 I think there is another significant point and that is that there were three ele- ments of compensation to the City. One of them had to do with 25% after debt service...and any taxes in the event that they were there and the reason for that is that the City would benefit from any savings in financing that we were able to negotiate with the City and that was the purpose of it rather than stating it on the basis of a gross figure. There was also a minimum annual guarantee which I believe is the highest guarantee that was put in by any proposer and in addition to that there was a safeguard which was put in not being, I'm being very honest now not because I think this is a feasible thing but I think it was put in as a safeguard that at no time would we ever be able to make more money than the City. We said the minimum would be 50%. In other words the City would always derive 50% of net free tax profit as an absolute minimum. So it put a cap on any potential earning. I don't think that that is a realistic thing because our experience in the marina business, and we have four directors all of whom are in marine industries at this present moment) does not indicate that the marina business is as great a gold mine as some people would have us believe. It should be obvious that I do not agree with the figures, the proforma figures that were presented by the trust. They don't match with the type of information that we have generated or are experience in the business. At any rate,I think those are the key elements. There are probably several questions that have come up, but I just want to say one other thing and that is that in regard to the Manager's recommendation that it be a four year construction contract to be followed by a management contract, that is acceptable to us on the basis that the City takes an active role in the financing. This was not our intention when we made the bid, we made the assumption -as did the other bidders -that it was our responsibility to provide financing. We were using the vehicle of reve- nue bond financing just as Richard Bertram did in today's paper. You saw that they used an industrial revenue bond to finance the expansion of their facilit- ies. The county isn't going to pay for that bond in the event it goes bad, Richard Bertram is going to pay for it. We worked on that same assumption in all of our conversations with our underwriters, all the people we've talked to, bond counsel has decided that was the way we should look at it so we did. Now, Mr. Grassie, I think has done a wise thing. He said 30 years is a long time and he's come in with an alternative and that is the City take an active roll in the financing. If that is the case,then the responsibility that we have is vastly diminished and I think it would be unfair to work on the basis of plan- ning a long-term lease if we're not reponsible for the money. If the City is taking an active roll we certainly accept his proposal. So it is a feasible thing to do on that basis. I would like to say another thing, and this is an interesting experience because it started out with,I guess,six proposals on Dinner Key which were narrowed down to three and then a new proposal would come in which is the Waterfront Trust and now we see everyone changing their proposals and I don't know exactly where we are. Mr. Marlowe: Do you want to ask some questions though, before our presentation is up? Maybe they have some. Mr. Meredith: Yes, the only other thing that I'm going to say, and I address this to my good friend at the Miami Herald,and that is that I think she is the only one that knows that I've been cited for anything because I don't know it yet since I haven't been notified. So I have not been cited for doing anything bad to the waters of Biscayne Bay. I haven't received a letter Alex, and I talked to Colon Morrisey1who is the head of Durham! and he said that he was not citing me, he said that we're doing a study on the marinas in Dade County and I'm writing you a letter, let's get together in approximately 15 days and we will sit down and analyze your operation with the idea of developing some stand- ards and guidelines that we can pass to the marine community, and I said, Colon, let's do that, it's a great opportunity because then we'll take those proposals to the Marine Council and we'll suggest to the industry in Dade County that they be adopted and I think it is a good idea and I believe that. I'm involved in a number of communities which are specifically involved with water quality in Biscayne Bay and conservation, ecology - I've got a record in that that goes back many years. We do a number of things at our facility to avoid pollution and if anybody can improve it I'm happy to work with them and I'm happy to pro- pose it as a practical solution to an industry problem. Mr. Marlowe: Mr. Mayor, may I have one minute in closing? W. Mayor, when this concept originally came up utilizing our fertile imaginations as the bid advised us to do,to be creative,we sat down and conceived C1) the possibility of revenue bond financing. We also conceived the idea of a management type of contract versus a lease because within the purview of the grant or the deed from the State of Florida to the City of Miami in 19491there seemed to be a prohibition against leasing out the bay bottom to private interests. We thought that that might 47 invite litigation that would he unnecessary. We also put down a long-range type of financing with a fifty-fifty split to the City, we were going to re -do your entire docks for you and this was very interesting now, after the whole thing had been sifted down every one recommends that our proposal - and the only one submitted,incidentally,under the creative imagination invitation to bid, is the best - and now isn't it very preculiar that everyone else now comes along and says yes, we'll do it on a revenue bond too, we'11 also go for a management con- tract too. You know what? We're the only people that did that, it's a little unfair of them to come along now after having submitted their bids and say yes, we'll take your's and run with it, Thank you. Mayor Ferre: Alt right, sir, Mr, Grassie. Mr. Grassie: If the Commission has no questions to address to Mr. Meredith we could ask the third company,which is New World Mari.na,to address the question. Mayor Ferre: All right, Now World Marinas. Mr. Tom Post: Mr. Mayor and Commissioners, I'm sure that Dinner Key is the diamond and Miamarina may be the piece of coal left over but I hope that the Commission will determine which of the bidders should receive Dinner Key if that is, of course, first so that Miamarina could be reviewed last because we're the only one that bid for Miamarina solely. We did not bid at all on Dinner Key. I just want to make a couple of comments in connection with Miamarina and our organization. I'd like to remind the Commission who the people are that make up New World Marinas. Pr.in<::ipally,the president is Gladys Dubbin,who is here with us and Dorothy Dubbin, her sister; Admiral Stephens, who as you all know was the director of the Port; myselffas an attorney,and just in reference to our qualificationsl Mould simply point out that in the memorandum from the City Manager in reviewing this matter the City Manager's staff indicated that eur corporation is well qualified to operate and manage Miamarina. The second thing, if we're talking about a short-term lease we will again reiterate what we said in the past, there will be no rate increase as far as we're concerned i a short-term leasetand we're the only ones who has told this Commission that there will be no rate increase. Thirdly, we will pay any appropriately assessed ad valorem tax, and it is imp„rt:ant to remember that because that revenue goes back to the City and is added to the money that the City will derive if the marina is ieasedtover and above our bid. Fourthly, a question which has not been raised by ary of the other people or discussed in any of the other proposals at all but which Father Gilson raised some time ago,and that is we agree to keep all the employees that are now at Miamarina and to continue to give them a posi- tion, a job with the marina so Lit no one who is there will lose at all in terms of employment. Fifth, I think the letter that you heard from Mr. Cummins is very important in that we have proposed a lot of facilities, a lot of new imaginative creative works to make Miamarina into a full service marina. We've talked about adding a fuel system, a pump -out facility) to take care of the sewage problems that the boaters of this community havetand particularly under the new federal Coast Guard requirements for marine sanitation devices, there is a great need ter oeslp-out facilities and there is only one in this entire community. We will add that to Miamarina. We will also add a Ship's Store facilities whereby people can get information on the City, we will bring in and add more slips to the area, we will do a terrific beautification job on the marina and all of these improvements will not be at the cost of the City. I want to go to the bid itself and particularly to the study that was done on the financing. The Bough study only took into consideration revenue from the slip rental. They ignored the fact that we are proposing all of these additional facilities which will bring Income in from gas sales, coke sales, cigarette sales, sundry sales, marine equipment sales. We also indicated that the City would receive its share of whatever brokerage commission was done at the marina in terms of vessel sales, and when you take those additional factors into consideration because Miamarina does not have those facilities now but should we become the successful lessee of the premises these facilities will allow a much greater revenue upon which the City will take its percentage and will, in fact, raise our bid to well over $100,000 as a minimum which makes us as competitive with any other bidder that has placed their bid before you when you take that factor into consideration along with the additional revenue coming in from any ad valorem tax that we would pay. I want to point out one particular clause in the City Manager's Report and that is on page 12 the City Manager notes that New World Marinas, Inc. its bid pro- vides that seldom opportunity of awarding a City contract to a minority bidder. we want to remind you again of the importance of that. I know the concern of the. Commission for. its Affirmative Action Program, we want to bring that out. We're not really talking about substantially different revenues inn any of the bids but we are talking about a minority contractor in this particular case and 48 this gives the City an opportunity to take some affirmative action in connection with minority contractors. Also, New World Marina has gone down to Miamarina, discussed their plans with the tenants at Miamarina and at the last meeting we submitted to you a petition from the tenants at the marina supporting our pro- posal. I'm going to again pass out copies of that to you along with a list of all the various proposals that we have indicated to you we would like to make at Miamarina so as to make it a beautiful facility, an attractive recreational facil- ity for this community, a facility that all the citizens can utilize and one that the City can truly be proud of. Thank you. Mayor Ferre: All right, Mr. Grassie? Mr. Grassie: That is the three companies that are here, Mr. Mayor. Mayor Ferre: All right, there are other members of the public that have requested to be heard. One of them is Mr. Al Sakolsky, we also have the gentleman from the Friends of the Earth, Isaac Walton. All right, who else would like to speak that has not spoken? We'll go into a second round later on. Mr. Paul, Ms. Treister. All right, let's find out the time parameters. How long do you want to speak, Mr. Sakolsky? (INAUDIBLE RESPONSE) Seven minutes. Ma'am, how long do you want to speak? (INAUDIBLE RESPONSE) Three, one, seven, five. You're on rebuttal, that will come next. Mr. Treister, (INAUDIBLE RESPONSE) five. Well, let's just start. We'll just sweep around this way and go and let everybody have their chance. I'll try to remember the time tl-at you need to speak. Al, try to make it less than seven minutes because you seven usually ends up being fifteen. We're going to get Mrs. Gordon's questions answered after we go sweep around... Mrs. Gordon: No, I did not, Mr. Grassie, you said you would answer the questions that I posed before after Mr. Meredith spoke. Well, I think the questions that I asked before are directed specifically to the items related to the returns. Mayor Ferre: Rose, no matter what the answer is going to be all of these people, this gentleman from the Sierra Club wants to have his say and, you know, so let's just go on down, you're first. You had one minute, right? Mr. Robert Freeman: My name is Robert Freeman. I am a resident of Yacht Harbor Condominium and on behalf of the residents of Yacht Harbor Condominium we are op- posed to any land -side construction on the strip between 27th Avenue down through where Coconut Grove Sailing Club is. That is park area and we feel it should be maintained as a park area. Mayor Ferre: We understand. All right, this young lady here, the gentleman from t.t. Sierra Club. M.z. Alexander Stone: My name is Alexander Stone. ME r Ferre: Mr. Stone, you said you needed seven minutes as I recall. Mr. Stone: Yes, that should be enough. I live in Coral Gables and I'm to deliver a joint statement of the Marine Wilderness Society and the Sierra Club Florida Cnapter of Marine Conservation Committee in regards to the proposed redevelopment and expansion of Dinner Key Marina and I'm going to talk from an angle that no one else seems to have gotten around to talking to about yet which is the environmental angle. We recognize the pressing need for additional wet boat storage in Dade County. A large proportion of both of our organizations memberships own boats and we're all in agreement that the shortage of boat slips and moorings in our area is serious. So therefore, we support the City's intent to expand Dinner Key facilit- ies from their current 371 boat capacity to a new 500 plus. However, we also main- tain that this goal can be attained and must be attained with the absolute minimum impact possible on the ecology and topography of our r.ibmerged lands within that area and their attendant islands. So to this affect. we earnestly request that the City Commission incorporate the following considerations into their final proposal choice for the expansion of Dinner Key Marina. First, we believe that it is quite unnecessary to undertake construction or development on any of the spoil islands in order to attain a 500 slip marina. Furthermore, in our viewtit is completely unacceptable and we categorically oppose it. At least twoyif not all three of the proposals now before youyinclude plans that provide a 500 boat slip count within the present mainland based marina basin meaning no necessary construction on the off -shore islands for that 500 boat count. Now this meets the basic bid require- ments of the City adequately without touching the spoil islands. Now as an aside in this respect we are in total opposition to the relocation of the Coconut Grove sailing Club to a site on South Island. Mr. Mark Ruvinywho is the outgoing commo- dore of the Coconut Grove Sailing Clubyhas informed me that they would like to remain where they are and their preference is not to relocate. Now from our eval- Lions such relocation to South Island would bring serious and frivolous harm to 49 JUL 28 197$ the ecology of South island. Now we will also steadfastly work to defeat any attempts to provide aut.umot.ive access to any spoil islands or to clear and/or fill any sections o any spoil islands for the purpose of constructing develop- ment of facilities that do not address themselves to the marina question. Now, additional wet boat storageowe.l.l beyond the initial 500 goal,is easily attainable by the use of moorings. This again reenforces our position that no spoil island development is required for a reasonable expansion of the marina. As far as moor- ing, are concernedlwe support their establishment as long as it does not involve any destructive dredgin4 car any other measures that. will severely and adversely affect the bay bottom eccicxly, Now at least one of the proposals before you for Dinner Key shows that 200 brand new peg moorings can be set up within the inside perimeter of the spoil island:: without artificial breakwaters and without dredging. Now we reject. any dreciying t �r:uld the judicious minimum required for the naviga- tional maintenance of the main basin and presently existing channels. Now by the judicious allocation of mooring space based on varying boat draft the existing bottom contours will, in fact, yield over 200 such mooring spaces while still main- taining the environmental integrity of the submerged lands. And all of these are points that I believe ceeht to he taken into account seriously because so far all I hear is dollars and cent, how much money, where does the money come from, who is going to control the money and who is going to end up with the money and this is a whole new set of consi.iea.ations here that I very seriously would like you to address with whatever proposal you finally decide upon. Now to those who contend that these submerged lards are dead 'I must tell them that they're not. The grass beds surrounding sections of the spoil islands provide a habitat for Sea Trout, Mutton Snapper and Mangrove Snapper. The Mangrove concentrations on North Island and parts of the other islande support abundant Hermit Crab populations, numerous invertebrate species and the juvenile fry of many fishes and the waters and silt bottom itself are habitats for minnows, mullet, oysters. algae. plants and more. There- fore, againydredginy for anything other than navigational maintenance should be really out of the question aside from the fact. that it is unnecessary and any clear- ing or filling of Mangroves and shallow bottoms surrounding the spoil islands is also objectionable for the same reasons. So what if anything can or should be done with the spoil islands Our earnest recommendation is that you set aside the spoil islands as limited use parks and wildlife preserves. Contrary to at least one proposal before vc;u,we o not consider Center Island to be a logical choice for a wildlife preserve. This island is the one that is the most visited now, it i_s the only spoil island that. has and beaches that could be made available to the public and that are available now for the traditional careening of boats. That_ island is the most accessible one to the public and, therefore, we are convinced that Center Island is ouch more appropriately suited to limited park use. On the other hand, South Island is the ideal and most logical choice for a true wildlife preserve. It offers enough area to function properly as a preserve, it is more isolated, less frequented than the other spoil islands and most importantly it has acquired its own bird colonies and other varied fauna in a stabilized habitat. Therefore, we strongly urge the City Commission to incorporate into their final choice of proposal a wildlife refuge and preserve on South Island. i in discussions with Mr. Richard Cummings who is a past president of the Marine Council and member of the City's screening committee for these proposals he agreed with us that the beating public's overriding concern is that wet boat storage at Dinner Key be sig- :uficantly increased and that boating support facilities be upgraded and efficiently managed. Now following the recommendations that I have just very sketchily out- lined here would certainly be compatible with this objective. It is clear that blips and peg moorings can be combined to almost double the present capacity nt Dinner Key without filling spoil islands and wrecking their habitats, without dredg- ing that will seriously affect natural bottom ecology, without needless and detri- mental vehicular access to or construction on any of the islands. So therefore, we,as the Marine Wilderness Society and the Sierra Club Florida Chapter's Marine Conservation Co mittee.very respectfully would like to suggest and insist that the expansion of Dinner Key Marina proceed in such a manner as to minimize environmental .Impact and to demonstrate due consideration for the ecological integrity of our hay, its submerged lands and attendant islands. I thank you for your time. mayor Ferre: All right, who is the next speaker as we move along? All right, ma'am, you wanted three minutes as 1 recall. me. Marion Reed: Right. ray name is Marion Reed and I am representing the Miami Sierra Club. We want you to know that we heartily endorse the statement you just heard. In addition, the Miami Sierra Club wants to emphasize our total opposition to any construction or development on any of the spoil islands. We caution you against breakwaters and artificial reefs unless studies can show that their hydro- i 4 ,i cal. impact, meaning the changes in effect of water flow, Will not adversely affect the sand beaches on Center Island or the topography of any island's shore. Let us preserve this vital part of Biscayne Bay in the spirit of the Biscayne Bay Aqu1tic preserve Act which provides that Biscayne Hay be preserved in an essen- tally natural condition f.0 that. its biological and aesthetic values may endure JUL 2h197R ,o_ ire generations. That is our hope as members of the Sierra Club and also 'ens of Miami. Thank you. tre: All right. As I recall you wanted two minutes. rr Holland: Yes, sir. Mr. Mayor and members of the council, my name is Holland. I live on Pier V, I've been here about a year. One thing that I'd bring up that I think is very important, I've heard all the proposals, for ust and the other three. I personally am tired of falling through rotten 1.'m tired of losing refrigerators full of food because the electricity goes tired of going and using second class facilities in the basement of this can see only one proposal that has been offered here all night that can give us some immediate relief - That's the public Marine Trust. The these people that have come up with ideas it's going to take a long time !hey get started and it is too long. The trust can start now and I think 1e way it should be. re: Now the next spokesman I guess is Mr. Paul. I guess you're next and as I recall seven minutes I think you said. aul: No, I said I can do it in five but I think I can do it in less than Mayor, my name is Dan Paul. I want to take the Commission back to a story. A few years ago we had a $40,000,000 bond issue called the Parks e Bond Issue. I was the co-chairman of that particular bond issue and lat to the public and convinced them to pass a bond issue to acquire the and to preserve the waterfront in the public domain in perpetuity, an to provide money to develop that waterfront for the benefit of the There was no mention and no hint of any kind when we were out with the )n's approval that we had any intention or the Commission had any inten- leasing this to private profit -making businesses. I for one would have :-ved as the co-chairman of the Parks for People Bond Issue if I had thought kind of proposal was anywhere in the offing. And I think forgetting proposals that you have before you you have already made an obligation rmitment to the citizens of this community who voted that bond issue to o title, to retain the facilities and to operate them yourselves. It complete breech of that public trust and I certainly am sure that the ager is not here to tell you that he and his staff or a staff that he can are incompetent to manage the public facilities. If so, then there are is of government that can do it but I'm sure that the City Manager is capable of managing and running these facilities and not providing some ofit-making venture for private interests. The shoreline of Biscayne > important to be leased to the highest bidder. In addition, you're over :o very important provision of the Florida Constitution which prohibits from engaging in a joint venture with private enterprise and your manage - acts are exactly that and if you talk about producing anything on the r:t you are going to tie this up into litigation for years because I guar - that the public will not sit still and permit you to go into a joint 'Issuing revenue bonds with private interests in total violation of the O nstitutional provision. The money, as mentioned earlier,has at last been i.ted by the State of Florida for a Master Plan for Biscayne Bay and you ing pipe dreams if you think you're going to get any fill or dredge per- 7 that Master Plan has been completed because you will not. There isn't in the world that you'll get them. So all of these proposals have totally the realities of the Biscayne Aquatic Preserve and of -the requirement for a 'l.an for Biscayne Bay. The City is already experiencing tremendous difficulties pting to obtain, and has for the last two or three years, a permit to do some r.ont of Bayfront Park because there is no Master Plan and all the groups which ee business of protecting the bay are not going to permit any fill to take til that Master Plan has been drafted and we know where we're going. Last - insult to injury I think,is the idea that these proposals should come -free management contracts or tax-free leases on the public leasehold e an exception for the proposal that has been presented by Mr. Post because the only one that I've heard that stood up here and said they're willing heir taxes like all the rest of the citizens for the services that they and I think the City would be grossly negligent and guilty to enter into of scheme to permit people to evade payment of real property taxes. The y of the real property tax has been compromised enough in this community the City of Miami participating any further. But there is one thing that o be sure that's clarified before I sit down because I'm not clear from Manager recommends and I'd like the Manager to speak to this himself. Is in the Manager's proposal that you are recommending no construction of on the upland? 51 JUL 2 8 19 78 Mir@X =IBM MBE- . generations. That is our hope as members of the Sierra Club and also 'ens Of Miami. Thank you. err: All right. As I recall you wanted two minutes. Holland: Yes, sir. Mr. Mayor and members of the council, my name is Holland. I live on Pier V, I've been here about a year. One thing that I'd tc bring up that I think is very important, I've heard all the proposals, for ust and the other three. I personally am tired of falling through rotten . I'm tired of losing refrigerators full of food because the electricity goes • tired of going and using second class facilities in the basement of this can see only one proposal that has been offered here al] night that can give us some immediate relief - That's the public Marine Trust. The •these people that have come up with ideas it's going to take a long time HF!Hthey get started and it is too long. The trust can start now and I think he way it should be. re: Now the next spokesman I guess is Mr. Paul. I guess you're next and • as I recall seven minutes I think you said. *LFaul: No, I said I can do it in five but I think I can do it in less than • Mayer, my name is Dan Paul. I want to take the Commission back to a ritory. A few years ago we had a $40,000,000 bond issue called the Parks Fiond Issue. I was the co-chairman of that particular bond issue and out to the public and convinced them to pass a bond issue to acquire the and to preserve the waterfront in the public domain in perpetuity, u)n to provide money to develop that waterfront for the benefit of the . - There was no mention and no hint of any kind when we were out with the approval that we had any intention or the Commission had any inten- :-...easing this to private profit -making businesses. I for one would have -.7ved as the co-chairman of the Parks for People Bond Issue if I had thought •kind of proposal was anywhere in the offing. And I think forgetting proposals that you have before you you have already made an obligation tment to the citizens of this community who voted that bond issue to • title, to retain the facilities and to operate them yourselves. It a complete breech of that public trust and I certainly am sure that the '•:.;iger is not here to tell you that he and his staff or a staff that he can a.re incompetent to manage the public facilities. If so, then there are of government that can do it but I'm sure that the City Manager is capable of managing and running these facilities and not providing some fit -making venture for private interests. The shoreline of Biscayne important to be leased to the highest bidder. In addition, you're over mle very important provision of the Florida Constitution which prohibits y from engaging in a joint venture with private enterprise and your manage - acts are exactly that and if you talk about producing anything on the you are going to tie this up into litigation for years because I guar - that the public will not sit still and permit you to go into a joint Hissuing revenue bonds with private interests in total violation of the r..:)nstitutional provision. The moneylas mentioned earlier,has at last been td by the State of Florida for a Master Plan for Biscayne Bay and you ng pipe dreams if you think you're going to get any fill or dredge per - that Master Plan has been completed because you will not. There isn't in the world that you'll get them. So all of these proposals have totally he realities of the Biscayne Aquatic Preserve and of -the requirement for a an for Biscayne Bay. The City is already experiencing tremendous difficulties pting to obtain, and has for the last two or three years, a permit to do some ont of Bayfront Park because there is no Master Plan and all the groups which • business of protecting the bay are not going to permit any fill to take •::*• Pil that Master Plan has been drafted and we know where we're going. Last- • insult to injury I think1is the idea that these proposals should come at -free management contracts or tax-free leases on the public leasehold • an exception for the proposal that has been presented by Mr. Post because 'he only one that I've heard that stood up here and said they're willing netr taxes like all the rest of the citizens for the services that they and I think the City would be grossly negligent and guilty to enter into of scheme to permit people to evade payment of real property taxes. The • of the real property tax has been compromised enough in this community the City of Miami participating any further. But there is one thing that be sure that's clarified before I sit down because I'm not clear from tlanager recommends and I'd like the Manager to speak to this himself. Is Sn the Manager's proposal that you are recommending no construction of nn the upland? * * .. * * The original from which this microfilm w;is taken was awfully poor. 51 . This is the best photograph we * conld obtain. JUL 28 1978 Mr. Grassie: These recommendations do not include any mention of what you call the upland which I presume is anything separate from water shore development. Mr. Paul: Well, I don't know what you mean. Separate from the docks development: I know one of the proposals referred to a restaurant on the uplands and I want to be sure those are no longer a part of the proposal. Mr. Grassie: That has not been included in our financial consideration, it has nut been included in any of t}7e evaluations that we have made. ?tr. Paul: Mr. Mayor and members of the Commission, that is all that I have to say atthis time. Mayor Ferre: A11 right,-M Mt. Kenneth Treister: Mr. Mayor and fellow Contmissioners, Mr. City Manager, my name is Kenneth Treister. I have to ask that question again because,Mr. City Man- ager.y i was _lust told by one of the participants, I think both participants that are here, Mr. Spencer Meredith and Mr. Bob that they do propose a restaurant in the Seminole Building to the south of our presence tonight and both of them think they have a restaurant in the proposal, you say there isn't a res- taurant in the proposal. I'm against the restaurant on the landside development, I would like to know is that in their proposal, as they think it is, or is it not in their proposal as you think it is? Mr. Grassie: I presume it would be best, to ask them what they think is in their proposal but if you remember the proposals included many proposed constructions some of which have since been withdrawn Now, there is a question as to whether or not the City is going to treat the Seminole end of this property as a separate project, It is very likely chat it a• illtparticularly because the Coconut Grove Sailing Club has an interest in that whole shoreline and we probably would want to agree with them with regard to how that should be improved. So the likelihood is that Sem- inole will be excluded es. it werettrom the basic pier development which is going to take place right outside of Dinner Fey. There may be some hope on the part of some of the proposers to put additional restaurant facilities down; what I indi- cated to the previous speaker was that in the financial evaluation that we have made we have not considered any income from restaurants and whatever proposal they may want: to make at a negotiating stage of that type has not been considered in their favor so that is not one of the elements of our consideration of their pro- posals. Mayor Ferre: ... We'll recognize you as the next speaker, Mr. Gottlieb. Mr. Treister: Well, so there is no misunderstanding, and I can just paraphrase• what the City Manager said, he in his financial considerations did not consider a restaurant. I understand the proposers did and I just don't want the City Commis - in their wisdom to vote for a proposal and end up with a restaurant on the land that we didn't understand tonight was part of the proposal. Ferre: Mr. Treister, I'll tell you I think no matter what happens tonight how this Commission votes in any way I think we've got so many steps ahead that c:h:t gentleman is going to be falling through that dock for many many years to nr.e and your food I'm afraid}is going to be rotting on many many occasions in ,car to come. This is to put it in the mildest form a very difficult community get anything underway in. Fir. Treister: We11tMr. Mayor, 1 think I can solve this one problem because I did r:pe k to both proposers and I think they're willing to stand up here tonight! now> clarify this restaurant idea. And let me just paraphrase it by saying that S::ntinole Building here has a sandwich shop catering to the marine interest erhich is fine and I think it is proper that it continue to do that and I think it is also proper that if the City Manager wishes and the Commission that that be up- graded. What I would like to ask right now is that both proposers that are here would agree that that Seminole Sandwich Shop be solely for the use of the marine interests, that it have no tables and chairs, thereby inviting the outside public which causes all the problems that we were talking about earlier, traffic, taxis, service, garbage, taking up the park space, destroying the green grass that we have 5!,1 it I can ask both proposers I think they told me outside that they would agree t- that and if that is true I would welcome Spencer to say it and Murray Dubbin,if is le true if you would agree to that and eliminate seating from the restaurant, i other words make it only a marine.. 52 JUL 281978 Mayor Terre: M. Treister, we'll deal with that issue if we have to at the proper time and I'm conducting the meeting and I'm perfectly willing to let you make any Statements you want but I'm not willing to let you conduct the meeting by asking and soliciting answers. Now those things will be addressed if we get there and I'm going to tell you!in my frank opinion,we're not going to get anywhere neat that point from the way this thing is going. So your words will be taken into consideration at the proper time. Mr. Treister: All right, thank you. I apologize for usurping your job but I just didn't want any, I think we have an agreement here and I didn't want any mis- understanding later. Mayor Ferre: I think if we get that far I give you my word that the question will be asked and I'll ask for them to put it on the record. Ok? Mr. Treister: Thank you very much. Mayor Ferre: Now, who have we forgotten? Oh, Al Sakolsky. Seven minutes, Al Sakolsky. UNIDENTIFIED SPEAKER: Excuse me, Mr. Mayor, I'd like to ask one question of Mr. Sakolsky. I understood Danny Paul represented him and has already spoken. Mx. Al Sakolsky: He represents our group, Mr. Marlowe, now if you'll sit down you've had your ten minutes. Mr. Marlowe: Ok. Mayor Ferre: Seven. Mr. Marlowe: And you're part of that group. !''.r. Sakolsky: You've got it brother. And by the way, Hotner, if they're going to play dirty football I'm going to be on the first string. Mayor Ferre: Please, Mr. Sakolsky, speak to the issue and let's... Mr. Sakolsky: Ok, let me get back into the context here. I came here with roses in one hand and a sword in the other - I've decided to use neither one. Let me say this, my colleagues, everybody here tonight is concerned about one thing - Spencer Meredith. This man has been on that waterfront, a three-year 'easel which turned into a seven-year lease, which turned into a thirty-year lease without bidd- ing properly by any authorities of the city. This man has managed to slip memoran- dums into the City Manager's brief which was distributed to the Commission, I have no doubt that this group has architect and author the four. the seven. the ten year proposal that Mr. Fosmoen and Mr. Grassie have so elegantly put before this Commission and I want to say this: Our groupowhich involves all of the property owners on Bayshore Drivelwhich involves all the boating community)do not believe for one moment that this is going to stop with the public taking of public lands by private individuals with just a marina. And I tell you this now tonight and I mean it, Maurice, that if this Commission votes to give away the public land then I call for a referendum. Mayor Ferre: Ok, who is the next speaker here? I never saw Al Sakolsky leave four or five minutes on the table. Mr. Plummer: Mr. Mayor, I would like the opportunity, everybody else has had it, Mr. Sakolsky got seven minutes, another got five and I think it's time there was five for J. L. mayor Ferre: Ok, J. L. J. L. wants five. Do you want to take a five minute break? Five minute break. Mrs. Gordon: This gentleman, Maurice, was promised that he could speak to the same subject before when he was up on the trust item. I think it would be a court- esy to hear him now before we break. Mayor Ferre: We'll certainly hear you as soon as Mr. Plummer has the courtesy of going to the bathroom. You wouldn't deny him that, would you? Ok. You wouldn't either, Rose, would you? Mis. Gordon: I wouldn't dare! 53 JUL 2 8197R mama Thereupon the City Commission took a five minute break and reconvened with all Commissioners present. Mr. Frank Albritton: Mr. Mayor and tneihbets of the Commission, my name is Frank Albritton. What I would like to ask of you, l ain at this point a little bit con" fused. Mr. Plummer: Join the crowd. Mr. Albritton: What is the process, and 1 don't mean this in disrespect... Mayor Ferre: Well, I think whet has happened is first we heard the discussion on the Trust and then we heard the public speak on that and then we heard the three proposals that the management is recommending and we heard from them and then we opened it up for anybody else who wanted to make a statement since this is a public hearing on the general area and I think we're almost concluded on that I hope after you've spoken for the second time. Now, I think beyond that the Commission is going to, I'm going to close the public hearing of it and we're just going to get to d point where the Commission asks questions and eventually we're going to come to some kind of a conclusion on it and I hope it is not too far away from that because we've been at it for five hours. Mr. Albritton: Well, do you think you'll vote on it tonight? Mayor Ferre: I think we're going to vote for it in just a few minutes after you finish talking, I think. Mr. Albritton: Do you all feel as Commissioners that, I'm sure you're all aware of some of the controversies involved in the process and especially the way I think the bidding procedure was handled and I don't understand all the technical- ities of the bid or lease procedure but do you all feel that it is fair enough in the Commissioners minds that we have explored all those discrepancies and all the discrepancies have been brought to the forefront until we clearly know exact- ly what we're voting on? And a point of reference is this: Mr. Treister mentioned he was rather vague as far as the landside development. Now Mr. Meredith, and just as a point of clarification because I'm trying to really understand what they are dropping or what they are addressing to the landside in his last Commis- sion Meeting Mr. Meredith said that he is dropping part (B) of his landside and I'm sorry I think I have all the material here and I do not understand what part of the landside is. I think that is just one question and then that begets another and I'm just afraid that: maybe all the discrepancies have not been brought to the forefront enough so to render an intelligent decision. Mayor Ferre: I agree. Anything else? Si. Albritton: Well, after the conclusion of thisswill it be your decision to vote as far as what your procedure..? M::;' e Ferre: I don't know what the will of this Commission is going to be. I would hope that this thing would be brought to some kind of a conclusion one way or the other this evening. Mr. Albritton: And whatever your decision is that we will have time to came back and reply or rebutt or will it be final tonight? Mayor Ferre: I don't see that an awful lot of questions that are still up in the air tnat have not been answered, Mrs. Gordon asked a whole series of questions, Mr. Treister has made some questions and you just asked another one which goes in conjunction with what he asked - they have to be answered. What I'm trying to do is just get everybody to ask what they have to... Mr. Albritton: As long as 1 feel that we will, I'm not wanting to take up more of your time, but discuss these discrepancies in specifics rather than general at maybe a later date and I would implore you that at this point it is so confus- ing between what this is, what the Commission meetings, the meetings that I attend on the Marine Review Committee and the proposals. I apologize but I don't under- stand what the recommendations here would be. Thank you. Mayer Ferre: You're not alone. A11 right, Mr. Bliss wants to speak. This is your second time around. Mr. Allen Bliss: This is only going to be three lines. When we heard the speakers over here they were doing such a good job on whether it is going to be legal or whether it is proper and I think you mentioned that the docks will be falling down 51 on Piet 5 before you reached a final decision. Everybody agreed that the Trust could start right now, couldn't the trust start now and then you could still go along and six months or a year down the road these people could straighten out? Mayor Ferre: All right. This is your second time around. Mr. Joe Taylor: I apologize for coming up here twice, 1 ino troduced exmyself selfobefn ore, I'm Joe Taylor, commercial fisherman. We were supposed ent here today from the Department of Natural Resources to address some issues which are pertinent to your decision here today on dockage. Unfortunately, he hasn't arrived and, therefore, he can't speak. I would like to give you some information of which you may or may not be aware of, in any event not having any department who is able to function as a marine development organization I seriously doubt that some of the things pertaining to commercial interests especially tomarine oriented interests. Now in the area of financing and development, whether you're aware f it or not special grants are being given and are available to develop commercial dockage for fishing interests. Now in this sense what I'm saying is you could get some free dockage out of this operation to provide commercial facilities iattno no cost to the City if you would take advantage of these things. case of a private lessee these funds simply are not available. Now since we're dealing not simply with a resource that is engaged in supplying our tourist indus- try we're dealing with what constitutes food, man's most basic need. We therefore, have to address ourselves to things of this nature and while the City of Miami cer- tainly can't assume the responsibility of dockage for everyone they do have a por- tion of that responn,ibilit.y which they must provide and the federal governments more than willing ana byvarious programs is able to put moneyinto these programs thereby relieving the debt to the City. There are many things that could come out of either a City management or a development management such as the Marine Trust which we've been talking about here tonight, but there is a lot more to some of these things that would not be available with a lease agreement. So I thought I would like to bring that to your attention. Thank you for hearing me. Mayor Ferre: Thank you, sir. I think now everybody has had an opportunity to peak twice and what have you. So at this point I think we're through with the public hearing section of it and we're just going to get the Commission's questions and see if we can move along. (Continued next page) Emmu ! IMO MMER MEM Eff EMS MME mm JUL 2 81978 Mayor Terre: Mr. Grassie, Mrs. Gordon asked you a series of questions a little while ago and then Mr. Iaconis wanted them answered in the middle of the public hearing and I was able to control that for a little bit and now I think he is entitled, she is entitled to an answer and this is the time, Mr. Iaconis where you'll get your answers. Mr. Grassie: As I understand the question that was being asked, Mr. Mayor and mem- bers of the City Commission, they related to a point made by Mr. Walker in which he asked about the reasonableness of calculating income on the Dinner Key Marina proposal by taking a year down the line, by taking a year in the future, after the construction of new facilities was completed rather than taking the approach that he preferred which was as I understand it to work on the guarantee from year one. Nqw assuming that is the duestion,the answer with regard to the way in which the financial result of these proposals was calculated was arrived at by the Hough Com- pany. What they did was try to be as fair as they could to all of the proposals keeping in mind that there is a great deal of difference between them, they're not the same thing. They're not outlined on the same basis, even the devices for financing are different. So what the company tried to do was having very differ- ent proposals to work with and try to put them on a footing which would be more or less fair to everyone they made a choice and the choice was to deal with average income assuming that - especially if you're talking about a thirty year agreement that is what is really a concern to the City Commission, also, particularly import- ant since not all of the proposals said the same thing with regard to renovation of existing facilities or construction of new ones. Now having that in mind their choice was to try and put everybody on a uniform basis and to take a year down the road for their calculation of. income. That was simply their financial judgement. Rev. Gibson: Let me ask a question, Mr. Grassie. I hope I'm not misunderstood. I heard that gentleman say something that bothered me from this written document. I'm terribly worried. He talked about his money arriving at the figure from his pocket and that another company talked about arriving at the figure from our pocket. That bothered me. Isn't that what you said when you made your presentation? UNIDENTIFIED SPEAKER: Basically, yes. Rev. Gibson: All right. You know and that really bothered me because at that point in time you were not using the same yardstick, one was a three-foot yard- stick and another one was just one -foot and that bothered me. Mr. Grassie: Well, there is a lot of truth in what you say in this sense, Commis- sioner, in that the City C:omnission has asked that we give you an evaluation and recommendations on an inch yardstick and a three foot yardstick and a ten foot yardstick. You know you have asked us to somehow make some kind of an intelligent recommendation with regard to things that are very different. We have tried to Jo that.. What we have chosen as a device for comparing the money aspects of the proposal is the professional judgement of the financial consultants for the City. These are not consultants that I have chosen for this job, by the way, they are the financial consultants that serve the City year in and year out. These people established a model which tried to put all of the proposals on as uniform and fair a footing as they could. Now I think that anyone may be able to quarrel with their professional judgement hut I think that they tried to do this in an honest way. Rev. Gibson: All right, let me put it another way. If you tell me that Theodore Gibson, I'm going to do this job with public money I know at that point in time I don't have to worry about hustling for the money and paying for it. Isn't that right? Where is that professional firm? Sir, you in that striped suit over there, both of you, you know this bothers me. I just don't like people coming in... Mr. Grassie: In fairness, Commissioner, they're not the ones who are talking about whether it should be private money or public money.... Rev. Gibson: But they are the people who gave you a judgement. UNIDENTIFIED SPEAKER: Listen, I think we can clarify.... Rev. Gibson: Wait a minute, no, I'm going to ask you to clarify that that's why I brought you up here. Look, what happened to me - now I'm a layman I'm not a... You know this is a real business genius up here, Ok? He and Rose and Plummer and Reboso. I'm not. Ok, listen to this. Mr. Plummer: But you're the only one that's got any money! 56 JUL 2 8 " Rev. Gibson: Let me tell you if I were offering a proposal coming out with my money I have to C.Y.A. Okay? Oh, you know what that means. UNIDENTIFIED SPEAKER: I think I understand. Rev. Gibson: Now if I'm spending the City's money that's a different story. Ish't that right? Now I want you to address the issue, that is tell me - I know what you told the Manager, you know he understands that because he does that for a liv ing. You explain to me so that:I could be intelligent, do you understand? UNIDENTIFIED SPEAKER: I understand. Rev. Gibson: And now make sure you deal with the proposal on the basis of using taxpayers' money for our credit, make sure that you speak to the issue based on their money. Okay. UNIDENTIFIED SPEAKER: what we attempted to do again because the proposals that were submitted were so different in their concepts both on what their planned ex- penditures were going to be and also in their method of financing. The proposed revenues to the City were also different, the schedules. Biscayne Recreation's proposal was based strictly on gross revenues. So what we did when we created our model is that we applied their formula based on gross revenues which means no ex- penses were taken out, not debt service expenses nor operational expenses just strictly gross revenue. So in the case the point that was made really is a mute point because we never considered the type of financing that they were utilizing, we looked strictly on a gross revenue basis for their particular example. We created a bond issue only because - and this is in our model - one of the proposers stated that they were going to use tax-free revenue bonds. They also stated that the revenue to the City was going to be based on net revenues so we had to expense out the operational expenses and also their expense to pay for the bond issue. When we applied their formula we applied it on net revenues but the formula of Biscayne Recreation, and the point that was made that we were comparing apples to orangesreally is incorrect in this instance because we applied a gross revenue fig- ure and that does not, that doesn't even consider the method of financing. Rev. Gibson: Ok, let me say this - wait a minute, I want to pursue this because I don't want him to think that I don't know how to count. A very interesting thing, if you talk about net in my book that's after you've paid all your expenses. Who in the devil is going to control that? How do I know whether they tell me the truth? Now if you talk about gross it won't make any difference if I had $50,000, it would be $50,000 and if you're talking about net you can have all the hidden agendas that you can write in the book. That's what I'm trying to say and I'm disturbed at the way, you know, as a layman. I'm disturbed. UNIDENTIFIED SPEAKER: Well,the only thing we had hoped is that since it would be using a tax-free revenue bond financing plan that there would be built in the nec- essary safeguards to at least hopefully overcome, I can't stand here and say that there isn't anyway in the world that you're going to be able to control the opera- tional expenses and that sort of thing and be completely 100% guaranteed. Rev. Gibson: Right, but you see what I'm saying to you is I don't have to worry about their expenditure. Isn't that the way it is? But I must worry about the other. Do you see what I'm talking about? As a layman, man, I don't need to go to Harvard to learn how to count, I learned how to count at Booker T. You know? Very simple. Mr. Plummer: Father, what you're missing is if a person is dishonest they're going to be dishonest on the net as they are on the gross because, Father, in the church you never learned about a word called "skimming". Ok? So you can play with the gross. We read about that in Vegas all the time. Rev. Gibson: J. L., but you know I would hope that the people who come here to do business with us would come in court with clean hands. Mr. Plummer. Father, that's what I'm saying. If a person is basically honest, and we're accepting that on the premise until we know different then we can be just as honest on a net as we can on a gross. Rev. Gibson: No, no, J. L. Mayor Ferre: You know ladies and gentlemen, I think that we could spend I'm sure the next three or four hours arguing that and many other technical points that I'm sure are all very very important. We haven't begun to address the ecological prob- lems, the econimic/financial considerations, the Public Trust considerations, the 51 fairness of one bid versus the other consideration, the alternates, I think we still have questions that haven't been answered about the restaurants and where they're going to be located if at all. We're a long long way from any kind of a solution as I see it. Now, Mr. Grassie, what do you recommend, and then I think we ought to open it up for the Commission, for somebody to start making some mot- ions around here and get this thing moving one way or the other. What is your recommendation at this stage of the game? Mr. Grassie: One clarification and then the recommendation, and this addresses what I think is a concern to Father. Gibson when he was talking about our money and their money. The basic policy choice, Commissioner, is one which you have to make I think based on whether or not you want to have the facility operated for 30 years by someone - a private person - based on using their money or the alternative of having public money used and then being able to sign either by doing it yourself, by having the Public Trust concept do it or by using private lease management. In any of those devices you can do something for a short period of time, a rela- tive short period of time and the policy choice that was being offered you between public and private money is the choice between doing something for five years or thirty years and that is something that you would have to decide in terms of what is more important to you. The recommendation that I was making to the City Com- mission that it is more important for you to have the option of signing a short term agreement with whomever than it is to have the advantage of using the private money. That is simply a recommendation, not something you have to agree with obvious- ly but that was the position that I was taking. It is more important that you have the option of changing your mind within a period of five years than it is to simply use the private money. Now, within that context the recommendation has been that the City initiate negotiations with Biscayne Recreation on the management of Miam- arina. Mr. Plummer: Please state what is in your mind or in your recommendation, be more definitive on short term. Mr. Grassie: I would characterize short term, although it is negotiable, as being roughly five years, that the City negotiate with Dinner Key Marina on the manage- ment of Dinner Key because major reconstruction is involved there, we would prob- ably have to have two agreements one which covered management and construction for a period which I would hope would not exceed four years and then a short term agree- ment after that. Third, we already spoke of the question of raising the money f.::blicly in order to retain for the public the option of changing its mind with regard to how the facility is run. That involves revenue bonds. Those are the major recommendations. in addition we speak of the question of negotiating with Coconut Grove Sailing Club and arriving at an agreement suitable to them and to the City, also to the question of expanding moorings in the immediate future right out here outside of Dinner Key and establishing an advisory committee of citizens concerned not only with the immediate marina developments but also with the marina facilities throughout the City. And this is in conjunction with the study that — you authorized yesterday. Those things then constitute the basic recommendations that we would make to you. Mrs. Gordon: Mr. Mayor, first of all I favor the first approach being a thorough investigation and I mean a total and complete investigation of the feasibility of the public marine trust and I would so move. Mayor Ferre: We have a motion on the floor, is there a second? There is a motion on the floor is there a second to the motion? Is there a second to the motion? Hearing none the motion dies for lack of a second. Rev. Gibson: Mr. Mayor, I move you, sir, that we go to the position as we started out of permitting one of these private - one, I didn't say the one you said either, I'm talking about one of these private firms to go on and forthwith proceed to renovate that dock that was promised years ago. Mayor Ferre: Are you talking now about Dinner Key? He's talking strictly about Dinner Key. Rev. Gibson: I'm talking about this place here. Mayor Ferre: Not Miaaia.rina. Rev. Gibson: No, sir, this one here. Mayor Ferre: Your motion is that the Manager be instructed to contract of the private firms to renovate. 58 JUL 2 81978 Rev. Gibson: Renovate, bid, the intent was to build or rebuild whatever whether it was to build or rebuild or renovate to do the work here first with one of the private companies. Now whether you call that renovate partially and rebuild pat- tially I don't care. Mr. Reboso: Let me see if your motion is clear to me. One of the firms that we select? Rev. Gibson: Yes, one of the firms that we the Commission select. Mayor Ferre: A11 right, there is a motion, is there a second? There iS a secon& on the motion. All right, under discussion. Mrs. Gordon: I heard a lot of testimony here tonight and I sat here as you sat here for the past four hours and I think the majority of the conversation that I heard tonight indicated a real serious concern on the part of an awful lot of peo- ple for us at least to give a thorough airing to a concept that they believe in thoroughly and I heard Mr. Paul's comments and I didn't take them as lightly maybe as some of the rest of you did but I think his comments indicated that there won't be no development done on the Dinner Key docks by any private individuals or manage- ment companies because there is going to be a suit placed against anything that you might propose to do there in that manner and I'm not going to be a party to any of this that you're going to go along with. I'm going to thoroughly vote against it because if at least you have investigated or would be willing to at least give a thorough study to the concept of a public trust then if it proves to be not feas- ible and you went the other route nobody could fault you for it but you're not giv- ing it a chance. Mayor Ferre: Mr. Plummer? Mr. Plummer: That was not Mrs. Gordon's motion. Now you know I started this even- ing off at the conclusion of the presentations of the trust by saying that I thought that their proposals should be evaluated. That's an awful lot different, Rose, than investigating the trust. Mrs. Gordon: I said an in depth study of the Public Marine Trust as to its feasi- bility. Now I don't knew how else you could word it. If you want to word it other- wise I'll second your motion. Kr. Plummer: Well, there is already a motion on the floor, Rose, which is in order. But under discussicn let me say that I still firmly believe that in fairness to me for an intelligent vote 1 think that I have heard this gentleman here somewhat al- ready disagreeing with what was proposed this evening. Now I would like to have the benefit of the thinking of people that are much more learned than I am to eval- uate this proposal. And I don't see any reason that both of these motions can't be compatible. Ok? Mrs. Gordon: How can you tie it up with private hands? Mr. Plummer: Very simple, negotiations does not mean completion. You can evaluate the trust and the motion is very broad. Mayor Ferre: Hey, J. L., listen.... We all want to go to heaven but nobody wants to die and you know it just has to be, you have to vote your convictions whatever it is. You have to say it like it is. Now if you believe then fine. Mr. Plummer: Mr. Mayor, for you to get to heaven you've got to buy your ticket from me. Mayor Ferre: I don't quite agree with that. Mr. Plummer: You're right, because I can only sell you a ticket to another place. Mayor Ferre: You assumed a lot of responsibility on that one, Mr. Plummer. Mr. Plummer: No, because you'll never make it to purgatory. Mr. Mayor, what I'm saying, Father's motion did not specify a company - well yes it did it specified private. I'm sorry, it is not compatible. I'm sorry. Mayor Ferre: We have a motion and we have a second and we're under discussion. Mrs. Gordon: It may not be exactly to the motion if you'll permit me, Mr. Mayor. Mayor Ferre: Go right ahead, Rose. 59 J U L 2 81978 Mrs. Gordon: Just to ask Mr. Plummer a question and also since I offered the motion and apparently the wording didn't please Mr. Plummer at the time, I won- der if My fellow commissioners would let us go back to that point in time. Mayor Ferre: You have the maker and the seconder of the motion, if they want to withdraw the motion it is up to them. ... Rose wants you to withdraw the motion so that she can rephrase her motion about the question of the study of the trust..: Mrs. Gordon: Because Plummer didn't like the way I had worded it apparently. Rev. Gibson: Rose, I love you. It won't make any difference how you word that motion I'm going to make a motion to proceed. Look, we've been here all these years promising these people that we're going to improve these facilities. I want to say to you what I would say to a parishioner, you would be better off doing this work now and immediately or simultaneously move to study the public trust so that if you give these people a short term lease whoever they are you would have investigated and explored and be ready not only for this piece of land but any other land then you move on. All right, here is what you do. You'll be investigating the public trust and then you end on up spending all of that time - time will be lost. 1 want to see this facility improved forthwith. That's where I am. Now if you want me to withdraw knowing I'm ready to make the motion over again I'll defer to my fellow Commissioner with the full understanding that you know that's where I'm going. Now you tell me. I'll be polite, my mother taught me. Mayor Ferre: Are you withdrawing the motion? Rev. Gibson: Wait a minute, I want an answer. UNIDENTIFIED SPEAKER: Rev. Gibson, there is now $250,000 in a fund to improve Dinner Key. Why has it now been developed? We are standing ready as a committee< to meet with the administration and say this is what you should do with it. Rev. Gibson: Mr. Dixon, at thi, point in time I'm going to listen to my fellow Commissioner and let her respond. Mayor Ferre: Mr. Dixon, if we start doing this everybody is going to want to speak and I've closed off the public hearing, I did it out of courtesy I didn't. want to be rude to you but please. It is in the hands of the Commission now so let's... Mrs. Gordon: J. L., word it the way you would like to have it. Mayor Ferre: Well wait a moment, are you withdrawing your motion? Rev. Gibson: No, sir, not until she tells me what she wants. Mrs. Gordon: Well, I want him to word it because I'm satisfied if he'll word it it is ok with me. Mr. Plummer: Very simply, Father, to evaluate and report back to this Commission the proposal presented this evening by the trust. Mrs. Gordon: Ok, and ]'11 second that motion. Mayor Ferre: I'm afraid that you're not going to be able to do that until Father Gibson withdraws his motion if he wants to. Mr. Plummer: If he doesn't he doesn't, that's all. Rev. Gibson: Everybody knows where I stand. To me it is an activity in futility. Let me say why I'm not willing to recant. You need to understand I told you ear- lier. Look, you had your day, we listened to you attentively. I never interrupted you. See, all my friends now want to tell me what I ought to be saying. Look, when we started out here we started out with the fu1.1 knowledge, no trust was ever mentioned. This is what I keep saying. Now I said to you that if you do this work I would offer the motion the very next minute that you go ahead and evaluate and explore trusts and after you know you get this fixed up you've got all these other pieces of land to be fixed up. I said you could then evaluate whether or not you want: to put the rest of it, this and all the rest of it in a trust. 60 JUL 2F 1978 Mayor Ferre: May I remind my fellow members of the Commission that it doesn't really much matter which way you make this motion because at this juncture as I see it the vote is two to two and, therefore, the chair has the final and decid,- ing vote. So you do it any way you want. Rev. Gibson: Well all right, I'll withdraw. Listen, I'll be a gentle man and withdraw. Mrs. Gordon: That's what I call a smart Man. J. L., make the motion and I'll second it. Mr. Plummer: Rose, I don't have to make the motion if you say the authorship is not important and I just want to put one thing on the record one more time. Mr. Mayor, I don't want anybody to walk away from here under any misconceptions that I am in favor of the trust hut I think to make a vote intelligently we must. have all of the information. So if you want a motion my motion is very simple: It would be a motion to the administration to surrender the proposal made here this evening by the trust, the same people that he surrendered the private pro- posals for evaluation pitd report back to this commission. Mrs. Gordon: Ok, and second that and under discussion, Mr. Grassie, could you tell me how much money you have in the fund that's set aside for improvements to the marina? Mr. Grassie: We have, Commissioner Gordon, $100,000 of improvement work which has been waiting for over a month now to go out to bid waiting for this process to get accomplished. We have, the last time I saw a report it was just under $200,000 total. Mrs. Gordon: And that is the intention to proceed to do this maintenance work that has to be done because that's probably all you can do with that much money? Mr. Grassie: Very frankly, it has been designed, bid specs are ready... Mrs. Gordon: Ok, that ought to make Father Gibson feel better because he is very concerned that gentleman is going to fall through again lose some more food. Mr. Grassie: The only reason we're holding it is because of the obvious adverse reaction if we're talking about going out on lease and making improvements just before we go out on lease. Aside from that we're ready to go. Mayor Ferre: Mr. Grassie, as I understand it you stand on your recommendation that we proceed on a short term basis with the private sector and you want the authorization to start negotiations to come back to the Commission at which time we're going to go through this all over again I would assume. :Mr. Grassie: That is correct, that is my recommendation. Mayor Ferre: All right, is there any further discussion on the motion as pre- sented? Call the roll. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Gordon failed to pass by the following vote - AYES: Mr. Plummer and Mrs. Gordon. NOES: Mr. Reboso, Rev. Gibson and Mayor Ferre. Mayor Ferre: Now I'll pass the gavel over to the Vice -Mayor and I'd like to be recognized to make a motion. I'd like to make the following motion: That Mr. Grassie be instructed to proceed with negotiations on a short term -management contract for Miamarina with Biscayne Recreation for the operation of that partic- ular property and this is a management operational contract and I move that. Mr. Reboso: We have a motion on the floor. Mayor Ferre: ... No...from number one, that Biscayne Recreation for the opera- tion of Miamarina. In other words they will operate Miamarind. That's where I am. Mrs. Gordon: I want to ask Mr. Knox a question. Did you get a setond? Mayor Ferre: No. 61 JUL 281978 Mr. Reboso: We have a motion on the floor. Hearing no second the Motion dies for lack of a second. Mayor Ferre: I move that the... I'm sorry, Father. Rev. Gibson: Mr. Mayor, I move that the manager be instructed to negotiate With Biscayne Recreation for carrying out of this work here. Mayor Ferre: Who? Rev. Gibson: Biscayne Recreation for the carrying out of this work here. Mr. Reboso: Excuse me, Mr. Mayor, `.)ut are we not going to follow the same pro- cedure we have always used in selecting and put one, two and three? Mayor Ferre: I'm perfectly willing to do and vote any way that the majority of this Commission wishes to vote. I'm recognizing people to make motions, if they get a second we can put it to a vote, if we don't they die and then we go on to the next one. Now I've answered your question, do you want to propose that as a way to vote? I'll accept that after this motion either passes or fails. Rev. Gibson: I will ... Mr. Reboso: That we vote in Dinner Key on one, two and three. Rev. Cibson: Yes, I'll go that. Mr. Reboso: Ok, I second that motion. Mayor Ferre: You're seconding his motion that Dinner Key be developed b cayne Recreation? Mr. Reboso: No, write one, two or three by whomever we select. Mayor Ferre: Now let's see what we're voting on now is procedure. Mrs. Gordon: Somebody is going to get snookered. Mayor Ferre: Now we're voting on procedure, is that correct? Rev. Gibson: Yes. Mrs. Gordon: Mr. Knox... Mr. Reboso: It is the same procedure we have.... Mayor Ferre: Excuse me Rose, we have a procedural motion here and that is the Commission proceed to vote on Miamarina and Dinner Key? Rev. Gibson: No, I want to deal with this one first. This is where my promise was made, here. Mayor Ferre: The motion is that with regards to the Dinner Key area of the marina that the Commission vote by the selection of the three proponents on the basis of one, two and three and that the number one selection would get three votes, num- ber two selection gets two votes and the third selection gets one vote and that the company who has the majority of the votes on a clear basis be selected as the developer for that particular property. Is that correct, Father Gibson? Mr. Plummer: It's called roulette elimination. Mayor Ferre: That's the sense of the motion, is that correct? Mr. Reboso: We have to call the roll to see if... Mayor Ferre: To see if we're going to follow that procedure, Your number one' selection gets three, number two gets two and the third one gets one vote. Rev. Gibson: Mayor Ferre: always voted And number one gets three. That's right. In other words it's a diminutive the same way we've here, the procedure we've... 62 JUL 281978, Mts. Gordon: Mr. Mayor, May 1 get a legal question answered before this goes any further, please? Mayor Terre: Yes, I'll recognize you in a moment now. Mr. Reboso: Call the question. Mayor Ferre: No, because Mrs. Gordon has a legal question which 1 think she is entitled to ask. I want to make sure that's the sense of your motion, Father Gibson. Rev. Gibson: In other words you're telling me - let me make sure - I put down number one, number two, number three and number one gets three votes. Mayor Ferre: That's right. Rev. Gibson: All right, I'll buy that. Mayor Ferre: The way we've always done it here. Mr. Plummer: Wait a minute, Grassie is going to throw you all into a tizzy. Mr. Grassie: Mr. Mayor, if you are accepting the recommendation with regard to short term leasing then the Ecclestone Company would not be willing to partici- pate so in that case you have only two proposals. Mayor Ferre: I assumed that that was the case. Mr. Grassie: They have not shown up and they would not be interested a short term. Mayor Ferre: I assumed that was the case. Mr. Grassie: So you have Dinner Key Marina and you have Biscayne Recreation with regard to Dinner Key. Mrs. Gordon: Mr. Knox, may I ask you a question now? You heard Mr. Dan Paul's comments and I want you to respond to his statements which said that we would be placing ourselves in legal jeopardy if we proceded to lease this property to any private interest whether it be in a management contract or in a lease, so would you speak to that please so the records will reflect that we have been advised of our legal procedure and our legal possible jeopardy or relieved of any jeop- ardy by your statements. Mr. Knox: There is a legal distinction between a management agreement and a lease agreement. The Constitution of the State of Florida provides that no government entity, specifically no municipality may enter into a joint venture with a private corporation and there are exceptions. One of the exceptions is if this joint venture is undertaken for a public purpose and Mr. Paul when he made reference to Article B, Provisions of the Constitution he omitted any refer- ence to the fact that there is a permissibility within the Constitution where these activities are undertaken for a public purpose. Mayor Ferre: So the answer is that legally the City of Miami can contract for the management of a facility like a golf course or a marina, is that correct? Mr. Knox: That is correct. Mayor Ferre: Any other legal questions, Mrs. Gordon? Mrs. Gordon: No, but the record now has the reflection, Our attorney gave an opinion for whatever you wish to do at that point. Mayor Ferre: A valid question, good. All right, on the motion of Father Gibson seconded by Commissioner Reboso on procedure, further discussion? Call the roll. JUL 28 1978 Mr. Ofigiet Rev. Gibson. Rev, Gibson: Yes. Mrs. Gordon: No. Mr. Plummer: What the motion is ..that we follow the Normal procedure we a1wayt. have in voting? Mayor Ferre: No, it's a Mr. Plummer:Yes. (BACKGROUND COMMENTS) Mayor Ferre: Yes. Mr. Ongie: Mr. Reboso. Mr. Reboso: Yes. Mr. Ongie: Mayor Ferre. (MRS. GORDON INTERJECTS): Let my "no" vote not reflect that Idon't want to follow normal procedure, if I were in favor of following that procedure..my "no" vote reflects the fact that I am not interested in the leasing of the property or the contract for management,that I'm interested in pursuing the concept of operating and managing the property through a public Trust. Mayor Ferre: She has already voted, she was just making a statement on her vote. The other one that hasn't voted is me. And the vote now is three to one, so obviously this is passed, and in casting my vote, which is negative, I want to explain that the situation we have before us is not the normal selection of a contractor or architec or the development of a piece of property, or a building, or some other thing of that nature. What we have before is a an extremely complicated matter dealing with all types of ecological questions, and all types of terms that have not been property delineated, and I think before we bring it to a vote, those things have to specifically placed, and the Manager has to be given specific instructions, which is exactly what I have been trying to do, and I am perfectly willing to go right down the line as I have been saying all along Mr. Plummer,so don't throw up your hands. Mr. Plummer: But you didn't incorporate that in you motion. You had the floor and made a motion, and.... selection of the... Mayor Ferre: I started with number one, and,..if I would have ended up with number seven. I was going to accept all of the Manager's recommendations. Now my position is very clear,..so you know,..you cast your vote, you are entitled to your opinion. I am giving you the reason as to why I cast a no vote. I vote no. Now, we are back to the question of the selection.... (BACKGROUND COMMENTS) Mr. Plummer: Yes, but what I am trying to say ,... Mr. Grassie: You are on the prevailing side. Mayor Ferre: Plummer, you,... Mr. Plummer: 1 am trying to ask for a clarification if it is all right. (INAUDIBLE) Mr. Plummer: Based on this, I have no choice, I have to go to affirm. Mr. Mayor I am sorry that I am going to throw even more confusion, but I will plead my ignorance as to the confusion existing here, that I am a part of it, but I would not be in favor, by my previous vote would indicate, of naming a firm this evening prior to my first motion, and that was to have an evaluation of the trust. Mayor Ferre: You lost. Mr. Plummer: I understand that sir. I am saying that that is an indication of IIIIIIIIIIIIIIIIIIIIIIIIIII11IIIIIIIIIII11IIIIIIIIIIIIIIIIII1IIIIIIIIIIIUII■1IIIIIIIIII my feeling: 1 would prefer to recast My Vote, and I am told that t can, doing such my hand will not be forced this evening to name a firm. Mrs. Gordon: Right. Congratulations. Mr. Plummer: When Rose congratlates me I know I am in trouble. Mayor Ferre: Well, the fact is we have done th impossible. We are on both sides of the issue at this point. Mr. Plummer: No. The issue to me Mr. Mayor, because you know my basic philosophy but I want to tell you my basic philosophy in case anybody misses it, is that I don't like to see the city in competition with private enterprise. Now, that is No. 1. But Mr. Iaconis in his presentation made some pertinent points this evening that I think have merit and I want it either discounted or not, and I am not smart enough to do it, and I'll tell you so, and I would want to be in a position of not naming anyone until such time as that evaluation has been done. Mr. Mayor I must change my vote which, not unfortunately, would be on the prevailing side to not use this method of voting. THEREUPON THE PRECEDING MOTION introduced by Rev. Gibson and seconded by Commissioner Reboso failed to pass by the following vote: AYES: Mr. Reboso and Rev. Gibson. NOES: Mrs. Gordon, Mayor Ferre and Mr. Plummer. Mrs. Gordon: Then the motion fails. Are we open for another motion? another motion? Mayor Ferre: The motion has failed. Rev. Gibson: Then you mean that we are not going to vote tonight. Mayor Ferre: That's right. Rev. Gibson: That's what you mean. Mr. Plummer: Father exactly what I'm saying because my first motion so indicated that we not vote until we have all of the facts. Rev. Gibson: No, no.Plummer listen,..Plummer listen,...you know, I want to make sure I understand you. If you tell me you don't want to vote that's one thing. Now when you say you don't want to use this method of voting, that's not the same thing. Mr. Plummer: Father if I use the method as proposed, I am forced,because I cannot abstain. Rev. Gibson: No, no.Plummer, what I am saying is, if you want to change your vote, don't talk about you don't want to use the method because we aren't using any method now that we haven't been using since I've been on the Commission. Mr. Plummer: You're wrong, Father. JUL 281978 MEER 1 MIK MEER 111 moms MEE MEW 111, MMMMW 1111111111•11 1 Rev. Gibson: If you're saying that don't want to vote until you get infortatioii+ that's a different story. Mr. Plummer: Well, that's what I said in my first motion that failed. Rev. Gibson: Then make a motion to that affectand you know but you see, Plummer,. you mislead the public. Mr. Plummer: No. you don't... Look, if you say you are not going Rev. Gibson: Yes you will if to vote on this method now because the method is simply the method that we have used by getting all the contractors around here. Mr. Plummer: I agree. s Rev. Gibson: Now, so all I want you to dOso that we don't look bad I ou want to wait until you get hope alllof the that you withdraw your vote and say that y information. Mr. Plummer: That's right. Rev. Gibson: All right, that's a different story. Mrs. Gordon: J. L., I think it is proper that we should offer the motion that you offered before but then incorporate into ithe eservationsarectheethe Mayor or has s with regards to the ecology and that wayall questions Mayor and you and I,can be answered. Mr. Plummer: Yes, well you know Rose, by the motion of the Mayor I can make a lot of points that have not been answered. If we go the route that Mr. Grassie is proposing and that is to go on a short term lease with a private company, and I must admit that appeals to me. Ok? ... No, I can't without all the informa- tion. Mr. Crassie, I've got to know from you and from the Mayor if he is the maker of the motion (1) what are you going to negotiate. Is it going to be ex- panded to 500 spaces or just re -doing what is there? Is there going to be a rate increase, decrease or nothing? All of the things.... Mayor Ferre: I would like to remind... Mr. Grassie, before you answer that I would like to remind Commissioner Plummer like in all contracts the Manager goes and negotiates with the party that we have selected then he comes back with a recommendation half of which we don't pay any attention to half of the time so as witnessed the Dolphins and witness the Orange Bowl and many many other things. Now he is going to come back with some recommendations as to how we're going to solve this problem. It may be that he may come back and say, "I've come to an impass, I can't come to an agreement with Biscayne Recreation" or "They won't accept a four year contract" or God knows What. And then he has to come back here with his recommendations. I would extend the public hearing gs urhere poses, all the questions have to be answered. Kenny Treister is going at every single meeting, I don't know where heisbne ow, mere kaingvg su1eerymthatent the tremast- ke isn't there. The Sierra Club is going to sure that the outer island is not going to be used. You're not going to want it dredged, you don't want something else and you want the thing repaired, the wood repaired and the other one wants the electrical box changed and all of these things are going to have to be satisifed before we get to the a final line. Thve- is long point is, ladies and gentlemen, that this community9 ment in our marine facilities. The point is that the City of Miami has been for whatever reasons going back incapable of doing it. The point is that we philo- sophically accepted the premise that we were going to go out to the private sec- ack tor toz 4threcommendations end to sdwe whichere onesowegto shouldme select aand have the nd then eithernacceptt analyze , 66 JUL 2 8197a his recommendations or go another direction. That doesn't mean that Dan Paul isn't going to have his say in court or Sokolsky isn't going to have his refer- endum and you're not going to have whatever you're going to have and so on. And that is just life you know. That is the way the ball bounces. That is the way these things go and the point is that if we continue floudering in what we're doing we're going to end up doing nothing, those piers are going to continue to rot, we're not going to have any new direction in this thing. It is long overdue. It is long overdue for us to move along and do something about the improvements. Now my only problem, Father Gibson and Manolo, on your motion and the reason why I voted against it is that I think you are putting the cart before the horse and I think that that is why I recommend strongly to you that we follow the procedure that has been outlined by the Manager. That does not mean this is a final, now if you don't wish to choose Biscayne Recreation and you want to substitute somebody else that's fine. We can do it at that point but that's a question you see which in my opinion is secondary and not primary at this point. Rev. Gibson: But Mr. Mayor, if I followed the Manager's recommendation listen to what you're telling me to do. You don't give me a choice. Read the Manager': recommendation into the record for the public. Mayor Ferre: I'm perfectly willing - I've already done that. Rev. Gibson: No, no. Evidently we aren't talking about the same thing. Read what he says. Mayor Ferre: "After considerable evaluation of the proposals that were presented to the City for the management of Miamarina and the development and management of Dinner Key and after a thorough evaluation of the separate alternatives of ..e-- creating a marina trust to be responsible for all marina development and opera- tion within the City the recommendation of the City Manager is as follows: (1) The City immediately proceed to negotiate" not to finalize, to negotiate, "short term management contract with Biscayne Recreation for the operation of Miamarina. (2) That the City begin negotiations with Dinner Key Marina, Inc. on a construction/management contract..." Rev. Gibson: Wait a minute, let me interrupt you. I'll tell you what, you put Biscayne number cne and that other one number two and you may get me voting. That's what I'm saying. Look, my concern is if these companies are capable as the Manager says it is, you know I remember the history of voting around here. I remember how we voted on that police station down there. Look that's where we differ, Mr. Mayor. Mayor Ferre: I didn't follow you. Do you mean you want to vote on #2 first and then # 1? tev. Gibson: You sae, all I did is I nominated who I wanted and I was willing to vote on every item the Manager recommended. Mayor Ferre: Well why don't we just start with one and end up with seven? That's what I'm trying to do. Mrs. Gordon: Mr. Mayor, may I ask you what it was that you stated before when you voted no you had a concern about? Will you repeat what your concern was so I might make a note of it? Mayor Ferre: Well, Rose, if you're asking that seriously... Mrs. Gordon: I'm serious, I just want to remember, I'm losing all of you because you're flip-flopping back and forth I don't know where you are, where you're com- ing from. Mayor Ferre: My position is abundantly clear. I am willing to take a position and to vote. I think that we have to as far as I'm concerned first of all vote on the structure of this as to what it is that we're instructing the Manager to do and secondarily on the decision as to who is going to do it. I don't want to do it in reverse which is to say who is going to do what, I mean who is going to get Dinner Key and then go and define what it is that they're going to do in Din- ner Key. I mean that to me is absurd. I think we ought to take one at a time the first one - and I don't mind reversing it - the first one here is Miamarina. What is it that we're going to instruct the Manager to do? All right? And then we vote on that. Okay? Because I've got a lot of if's, I want to put a lot of 67 conditions on it and then after that we select who it is that is going to do the job. Okay? Then comes the next one, Dinner Key and we're going to put in all the Conditions as to what is going to_happen in Dinner Key then we select who is going to do the job. And as far as I'm concerned I'm willing to go on it tight now. Rev. Gibson: Let me respond. You know I'm not as smart as I think I am some- times, I'll leave all the provisions the Manager has in what he has there. When I nominated that other company whatever the Manager said that that other company was to have done the company that I nominated the same rules and regulations the Manager stipulated would have prevailed. That's what I'm saying but what I want to make sure the public understands is,I'm not ready to accept. Mr. Grassie: I wonder, Mr. Mayor, if I could.... Mayor Ferre: Murray, in the interest of perhaps trying to, I'll tell you if you speak I have to open this up to everybody else, has an equal right to speak. Now that means another hour here. I mean it's got to be that way. .... Hey wait a minute, Mr. Iaconis, there is no way I can let you do that without opening this up to everybody else. Mr. Grassie: Mr. Mayor, I wonder if it might help your present discussion if you were able to turn to page 14 where we list the companies in question. I simply wanted to remind you of one of the things that we talked with you about the first time and you I believe agreed with and that is that if you decide to select pri- vate companies with whom to negotiatelthat you ought to select.... Mayor Ferre: Wait a minute, Mr. Grassie. Mr. Plummer, do you want to say it into the microphones so it is on the record? Mr. Plummer: Yes. Look, maybe I'm trying to define myself but Mr. Mayor, and Mr. Manager, I find myself in a very difficult position because I was the one who initially proposed this many many moons ago to get this thing out of the derelict condition that it is in and get something that we can all be proud of. We have a disagreement on how much it is going to be but that's healthy. Let me tell you what I'm willing to vote upon right now. Okay? I'm willing to vote to send everything to you to negotiate but before you make a recommendation back to this commission I am most insistent that I must have the facts back on the trust, I've got to discount that in my mind as not being a viable alternative. Mr. Grassie: We can give you that, Commissioner. Mr. Plummer: Ok, now if you can say to me that you can turn this proposal by the trust over to Hough and they can come back in a couple of weeks with an answer to the Commission and I can have the opportunity to review their recommendations, their evaluations I don't want to slow the process down because philosophically I say I don't like the City in competition with private enterprise but I've got to discount the fact that the credibility of the trust is not there. I can vote to send it to you for negotiation, I can vote for that. Okay? And you know so there is no kidding around that's probably the way I'm going to go. Mr. Grassie: Then following up on that could I simply remind you of what we talked about the last time. We have only two companies left for Dinner Key and two companies left for Miamarina. What we suggested to you the last time was that you vote first on the companies for Dinner Key, that being a more important problem and that you not give both locations to the same organization. So I'm simply reminding you of that because you have fewer choices that you had before and if you proceed in that order then you know you'll end up with even fewer. Mrs. Gordon: Mr. Grassie, may I ask you a question? And that relates to how you reached your conclusion with regards to your recommendations, if you don't mind please to tell us, how did you reach a conclusion on the recommendations and how you would proceed to negotiate, with whom would you negotiate? Mr. Grassie: Are you asking the question with regard to what I just aaid7 Mrs. Gordon: To that and also to your previous recommendations that if, in fact, the majority of this commission were to ask you to negotiate who would you be negotiating with? Mr. Grassie: I would start in the order that I have listed them, that is for Miamarina Biscayne Development Company first, since Ecclestone has dropped out 68 New World Marinas next. In the case of Dinner Key, Dinner Key Marina first, since Ecclestone has dropped out Biscayne Recreation Development next. Mrs. Gordon: Why would you pick that order? Why did you select that order, that's what I want to know. Mr. Grassie: Well, the answer to that question, Commissioner, is the burden of the 60 or 70 pages that we gave of of both the Hough Company and the staff evaluat tions have come to tt_at conclusion. And in discussions with both my own staff and with Hough representatives who are our financial advisors I have agree with the tenor of all of their work and made the recommendation to you. Mrs. Gordon: But isn't it true that in their evaluation they evaluated it on the basis of private money versus revenue bonds which, in fact, is not a fair evalua- tion because it isn't the case. If you're both going to be on revenue bonds then the total of revenue will be changed for the Biscayne organization. Mr. Grassie: Well, but it will be improved. Mrs. Gordon: It will be improved but then why would you want to still negotiate with Dinner Key Marina as number one choice because if was evaluated on the basis of the revenue bonds Biscayne would be a better revenue producer than the other one? It's a fact. Mr. Plummer: No, Rose, I don't agree with that because he has already asked each and every company if they would accept his proposal and part of his proposal is the City bonds that they have accepted. Mrs. Gordon: Yes, they have accepted it but their revenue will be greatly enhanced if they are going to use the revenue than this report indicates. This is not a _rue report based upon the facts as they stand tonight. I believe the fair and honest thing for us to do would be to do nothing tonight and it is after 10:00 O'Clock and we should go home and we should come back after you as the Manager have re-evaluated together with theHough company the proposals as they're now structured and at the same time give us a true in depth evaluation of the trust and you don't need a motion to do that. Mayor Ferre: You know where we're going now on this thing? Nowhere. And what is going to happen is that we're going to end up just floundering around doing nothing. Mr. Grassie: No, I don't think, Commissioner, Gordon, that what you have said is true in terms of what can be accomplished. Now if what you're saying is that you want us to negotiate with both companies at the same time to determine from whom we can derive the best agreement that is very difficult for the companies. You know they're not going to like that very much. rlrs. Gordon: No, sir, I didn't say that I just said you should go back and re- evaluate this report. This report is based on a premise that doesn't exist any- more. Mr. Grassie: Mrs. Gordon, please. One of the things that I've tried to impress on you a little earlier is that you have asked us to evaluate proposals that are very different. Now in order to try to do that for you intelligently we have made a model assumption. We've tried to keep things as fair and as equal as possible. What you're asking me to do is to go back and evaluate the proposals making my own assumptions about what these people are willing to do. What I'm saying to you is that that is not reasonable. The only way I can do that is to talk with them and ask them whether they agree with what I think they should do. Now the only way that I can do that for two proposals is to negotiate with the two compan- ies at the same time and I'm willing to do that if they are but in the private sector that is a very difficult situation to get yourself into. Mayor Ferre: I don't know how in the world you can do that. Are you going to accept something like that, Paul? Mr. Walker: I don't understand what it is I'm supposed to do. Mayor Ferre: Well what they're talking about is to negotiate with both of you simultaneously on both of those marinas. We can't do that. Mrs. Gordon: I believe that is not what I was stating. What I was saying was that in this analysis there was a form developed for a comparative. That forth that was developed was based upon one company providing private capital which meant a 69 higher interest rate and the other one was going to be provided with capital by revenue bonds which was going to have a lower cost factor and also an interest creating factor which was going to be given to them as a credit. Now, I'm saying that if, in fact, their financial structure were to be changed to a public fund- ing and that they were given credit for interest that was going to be accruing to the reserve then their basis would be higher than the basis of the other firm that you made as a number one choice. Mayor Ferre: There are no motions on the floor at this time and I want to know what the will of this Commission is because it is 10:15 and this is absurd. We ought to come to a conclusion one way or the other. Mr. Plummer: Well why don't you, you were going to make a proposal. Mayor Ferre: I already have, Plummer, do you want me to make it again? Mr. Plummer: You were going to make your proposal, Mr. Mayor, and add your stip- ulations to it and I have expressed to you that I have no problems with sending it to the Manager for negotiation as long as I have a report back in two weeks so that I can have the evaluation of the trust. Mayor Ferre: I'm sorry I was slow. I pass the gavel over to the Vice -Mayor and I am about to make the following motion and I'll take it on Dinner Key first so that we don't hav€ any problems on that. I move that the City Manager be instructed to negotiated with "X", which we will determine next, a contract for a management contract for Dinner Key, a construction management contract for Dinner Key not to exceed four years and an additional short term operating management contract for the en- tire facility provided, however, that before he comes back to the Commission that he have a committee made up of members, one each appointed from the Sierra Club, the Audubon Society, Friends of the Everglades - that ought to be enough - to make sure that those environmental Conditions that are important be considered. Further,' more, that the contract delineate specifically the usage of all property including the bait shop, any possible usage of any other property on land, that it be fully expressed at a public hearing which I'm going to continue this public hearing so that whenever you come back with whatever the contract is that it can be thoroughly reviewed in public one more time, that the Law Department thoroughly review the legal aspects of it to make sure that it i; constitutional in nature, that it does not violate any of the basic laws of Florida and that if the Law Department feels that it needs outside legal aounsel,that it be authorized to so retain outside legal counsel and lastly, two more things, that the Hough Company be requested to review one more time the proposals and come back with further recommendation and lastly that the Users' Committee as presented by Mr. Dixon and Mr. Iaconis, that they be requested to make a relatively small Users' Committee to act as an advisory group to the administration on this item. Now, I think I have covered everything that's been discussed tonight. Mr. Plummer: Is it then understood since it is not in your motion that the Hough Company is going to do an evaluation of the trust? Mayor Ferre: J. L., I think you know if you want to vote on that issue you have that.... Mr. Grassie: We can do that, there is no reason why we can't. Mayor Ferre: I have no objection to it, that's fine. That's fine. You know we may end up .... We're going to do that as soon as we vote on this and then we're going to put this item up for a vote on the selection of who one and two is going to be. Mrs. Gordon: Why don't you put it in the same motion? Mayor Ferre: No, because I think they are separate items. I want to get this established, and then I think we are ready to vote on the selection. All right. Thgt's the motionthat I Wet, Mr. Reboao: We have a motion. Mr. Plummer: I have no problem with that. I'll second the motion. Mayor Perre: I call the vote. Mr. Chairman I call the vote. Mr. Reboso: Did you say that after the vote we are going to select? 70 JUL 2 8 79'$ The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 78-532 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH A COMPANY (AS STIPULATED IN M-78-533) FOR A CONSTRUCTION MANAGEMENT CONTRACT FOR THE OPERATION OF DINNER KEY MARINA FOR A PERIOD NOT TO EXCEED FOUR (4) YEARS PLUS AN ADDITIONAL SHORT- TERM OPERATING MANAGEMENT CONTRACT FOR THE ENTIRE FACILITY; PRO- VIDED, HOWEVER, THAT BEFORE THE CITY MANAGER COMES BACK TO THE CITY COMMISSION WITH SUCH CONTRACT, HE ESTABLISH A COMMITTEE COM- PRISED OF ONE MEMBER EACH, APPOINTED, FROM "THE SIERRA CLUB," "THE AUDUBON SOCIETY," "FRIENDS OF THE EVERGLADES," ETC., TO MAKE SURE THAT THOSE ENVIRONMENTAL CONDITIONS THAT ARE IMPORTANT BE CONSIDERED; FURTHERMORE, THAT THE CONTRACT DELINEATE SPECIFICALLY THE USAGE OF ALL THE PROPERTY, INCLUDING THE BAIT SHOP, AND ANY OTHER USAGE OF ANY OTHER PROPERTY CN LAND, SO THAT IT MAY ALL BE FULLY EXPRESSED AT A PUBLIC HEARING WHEN THE MANAGER'S RECOMMEN- DATIONS ARE PRESENTED; THAT THE LAW DEPARTMENT THOROUGHLY REVIEW ALL LEGAL ASPECTS TO MAKE SURE THAT THEY ARE CONSTITUTIONAL IN NATURE AND NOT IN CONFLICT WITH FLORIDA LAW. FUTHER, AUTHORIZING THE LAW DEPARTMENT TO RETAIN OUTSIDE COUNSEL IF THEY DEEM IT NECESSARY, AND FURTHER DIRECTING THAT THE HOUGH COMPANY BE RE- QUESTED TO REVIEW THE PROPOSAL ONE MORE TIME INCLUDING THE PRO- POSED CREATION OF THE "MIAMI WATERFRONT TRUST," AND THAT THEY COME BACK WITH FURTHER RECOMMENDATIONS TO THE COMMISSION. LASTLY, THAT THE "USERS' COMMITTEE", AS REPRESENTED BY MR. DIXON AND MR. IACONIS BE REQUESTED TO MAKE A RELATIVELY SMALL USERS' COM- MITTEE TO ACT AS AN ADVISORY GROUP TO THE ADMINISTRATION ON THIS ITEM. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mayor Ferre, Rev. Gibson, Mr. Plummer and Vice -Mayer Reboso. NOES: Mrs. Gordon. ON ROLL CALL: Mrs. Gordon: I vote no, I previously stated my objections to the procedure and I state it again. Mr. Plummer: I vote yes as long as I have the assurances that the trust is going to be evaluated. Mayor Ferre: Now, since we have only two firms I don't see that we have to go through any procedure of voting on a piece of paper, it is very simple. One of those firms is going to get three votes so I'm open for a motion. Mr. Reboso: But Commissioner Gordon said that she votes no, that means that you're not voting at all? ... Mr. Plummer: Whatever name is put up, she would vote no twice. Mrs. Gordon: When the time comes for me to vote I'll make my wishes known. Mayor Ferre: Ok. The chair is now open for a motion. Mr. Plummer: Mr. Mayor, I'll make a motion that we follow the recommendation of the Manager in relation to Dinner Key, to send it for the purposes of negotiation. Mayor Ferre: Now what are you talking about, Item #2? Mr. Plummer: For Dinner Key. Mayor Ferre: You're saying that the selection of Dinner Key Marina, Inc.? Mr. Plummer: Yes, sir. Mayor Ferre: A11 right, there is a motion on the floor to that effect, is there a second? Is there a second? Par the last time on Item #2 which is the selec- tion of the management firm for the Manager to negotiate on Dinner Key Marina; Inc. I'm asking if there is a second on that motion. All right, there is no second on the motion. For lack of a second on the motion it dies. There is only one firm left, who is going to make the motion? 71 JUL 2 81978 Rev. Gibson: Mr. Mayor, I'd like to nominate Biscayne Recreation to do the work down here. Mayor Ferre: There is a motion on Biscayne Recreation to do the work at Dinner Key on Item 4$2, Dinner Key Marina. You make a lot of assumptions, Mrs. Gordon, and most of the time they're rather low blows that have no sense and are personal in nature and I resent it. Now I know it is late in the evening and you don't know what I'm going to do. Mr. Reboso: I second the motion. Mayor Ferre: There is a second on the motion, without further discussion, that the Dinner Key Marina Le given to Biscayne Recreation on a management contract basis and that the Manager negotiate as for the previous motion and come back to this Commission. Further discussion, call the roll. The following motion was introduced by Commissioner Gibson, who moved its. adoption: MOTION NO. 78-533 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH BISCAYNE RECREATION COMPANY A MANAGEMENT CONTRACT FOR THE OPERATION OF DINNER KEY MARINA PURSUANT TO CONDITIONS CONTAINED IN IN M-78-532. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer. ON ROLL CALL: Mrs. Gordon: I'm not voting for any companies tonight, I've stated it before and I state it again. Mayor Ferre: A point of order on this, Mr. City Attorney, as I remember the Char- ter all members of this Commission have to vote on items unless they have a speci- fic conflict of interest. Mrs. Gordon: I voted, I voted no. Mayor Ferre: Oh, Ok. Mr. Plummer: I indicated before I'm going to follow the recommendations of the Manager and the Hough Company, I would have to vote no. I am in favor of Biscayne for the other facility. Mayor Ferre: My choice is to go with Dinner Key Marina, Inc. but if I vote no on this we're going to be back to ground zero. In the interest of getting this, I really don't think that it makes that much of a difference which one of these firms get the Dinner Key Marina contract. I think they are both qualified, I have no problems in getting the Manager, obviously I asked on the other thing, the vote was very clear so there is no question about it. So at this point I vote with the motion. Now, Mr. Manager, you are instructed to proceed in negotiations and see what happens on that and we'll see what comes back. ... What? ... All right. Now obviously you can't come I assume, members of the Commission, that the order from this Commission is that the Manager proceed to negotiate first with Biscayne recreation and secondly with Dinner Key Marina, Inc if you can't reach an agree- ment with Biscayne Recreation. Is that correct? Father Gibson? Members of the Commission, do I understand this correctly? Ok. Now with regards to the Miainarina I assume that the same requirements of the previous motion are there., in other words all the considerations both of an ecological, legal nature and so on. Ok? Mr. Reboso: Mayor Ferre: Mr. Reboso: Rev. Gibson: Are you open for motions'. Yes, I'm open for motions. I move the new world marina for miamarina. I second the motion. Mayor Ferre: Now there are two firms that are competing on that, Mr. Manager. Mr. Grassie: The other ber one recommendation, recommended to you that firm, Mr. Mayor, is Biscayne Development which was our num- however, that also conflicts with the fact that we also you not give both facilities to the same company. '72 JUL 2 81978 Mayor Ferre: Well, what is your feeling on this New World? Mr. Grassie: I think that they are the most innovative of the three proposals that we got, however, simply taking their proposal at face value they were the lowest return to the City but in terms of what they had proposed to do we were very pleased with them. In other words the innovations that they proposed were very worthwhile. Mayor Ferre: So in other words you would agree as you did on the other that you can negotiate with either one of these firms? • • Mr. Grassie: Yes, since you've already selected Biscayne Recreation I think that I would have to be obliged to recommend to you that the second facility go to Wew World Marinas, Inc. Mayor Ferre: All right, call the roll. • The following motion was introduced by Commissioner Reboso, who moved its • adoption: • MOTION NO. 78-534 A MOTION AUTHORIZING AND DIRECTING THE CITY MANACER TO NEGOTIATE WITH "NEW WORLD MARINAS" A MANAGEMENT CONTRACT FOR THE OPERATION • OF MIAMARINA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYE;: Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer. • 1 • • • • ON ROLL CALL: Mrs. Gordon: This vote that I vote no does not have a reflection on the capabil- ities or abilities of the firm, my objection is only based on the fact that I don't want to lease or give or let management contracts on any of our marina lands. Mr. Plummer: I vote no simply because as I said before I'm following the recom- mendation of the Manager and the Hough Company and I like the proposal of this side of the front seat and I'm sorry but I have to vote no on this. Mayor Ferre: All right, what else is there to come up before this Commission at this time, Mr. Manager? Mr. Grassie: There is nothing that has to come up, 1 know that it is late, would ask... fayor Ferre: Well, we have the Coconut Grove Sailing Club. Mrs. Gcrdon: Mr. Manager, we have to vote on this franchise resolution which we delayed.... Mr. Grassie: Yes, we have the franchise resolution, there is one more thing with regard to marinas that I would ask you. I would like to invite bids for at least $100,000 worth of improvements so that we can get that on your agenda for Dinner Key the first meeting of September. I would like to be authorized to go out for those bids. Keep in mind that we are talking about a process that involves public money now. We have the trust fund set aside which can only be spent to improve Dinner Key and we would like to be able to go ahead and do that. We'd like to be able to take bids on that. Mayor Ferre: On which again? Mr. Grassie: On Dinner Key on the Dinner Key Marinas to spend about $100,000 to improve that facility. Mayor Ferre: How can you improve that facility if you may be knocking it down and building a new.... Mr. Grassie: The kind of thing that has to be done as a safety question. They are really safety items, Mr. Mayor. Mayor Ferre: You mean we have to go spend the money and then tear it down? 73 JUL 281978 MERV Mt. Grassie: No, we're not going to spend it where you're going to teat it down. Mayor Ferre: Oh, 1 see. Tell me what the motion is that you want us to pass authorise you to spend a hundred...? Mr. Grassie: Well, it is just the question of whether we can go but to bids to do necessary short-term improvements. Mrs. Gordon: Mr. Iaconis? Mayor Ferre: Mrs. Gordon, please, you are out of order, I will recognize you after we get through with this. My God you have to interrupt everything! Now Mr. Manager, would you finish the statement so we can get off of this and then I'll recognize Mrs. Gordon. Mrs. Gordon: It is only for information, Mr. Manager, it's not to interrupt you. Mayor Ferre: Would you finish, please? Mr. Grassie: The question I was asking the City Commission was whether you would like us to go out with the short-term maintenance that needs to be done on the piers at Dinner Key. We have $100,000 that has already been deigned and we would like to get that work started, we'd like to have it on your agenda for the first meeting of September if you approve. Mayor Ferre: So you're asking for the sense of the Commission. Is there a motion to that affect? Mrs. Gordon: Do you have any objections to my asking for some information? Mayor Ferre: No, go right ahead. Mrs. Gordon: Mr. Iaconis, would you answer a question if I pose it to you, sir. Mayor Ferre: As long as it is in reference, Mr. Iaconis. Mrs. Gordon: In relation to the $100,000 expenditure. Mayor Ferre: That's right. Mrs. Gordon: And before I vote on it I need to have some expert opinion. In your knowledge of the condisthe thatmarina expenditwhat re weneeds haveobeenbe dasked towould you make your statement withregard to approve? Mr. Iaconis: Yes, ma'am. We have already talked to Mr. Grassie to hold up on a temporary basis until there was some discussion as we had tonight. There are some pilings as I understand it, there is some work that should be done butdnote to the extent of $100,000 worth as I have read the request for proposals bid structure. Our suggestion in terms of what we would do is to find out what is going to happen with either the private leases or the trust or whatever was going to happen and then if that were the case if there is going to be a total renovation according to one leaser then that expense for $100,000 would be essen- tially wasted. There are some items, there are X-number of pilings but not 165 as outlined that Ere totally for safety reasons... Mayor Ferre: Well, let's do it this way, Mr. Grassie, why don't you do it in con- junction with the committee of Mr. Dixon and Iaconis and the users, which is what they are, and if they have any major disagreement1then you will hold that up until the Commission can discuss it. Mr. Grassie: Certainly, we're really trying to respond to CommiSsioner Gibson's concern that we get some work done and if the users feel that they would like to have that postponed that's no problem. Mrs. Gordon: Bring it to us at the fist meeting in September. Mr. Grassie: Fine. Mayor Ferre: Fine. Mr. Grassie: Now we do have the formalization of the Sell Franchise ResolUtift that we would like to put in front of you: Mayor Ferre: Wait a moment, we haven't voted on this thing, don't you wart motion to this affect? NOTE: Commissioner Reboso left the meeting at 10:30 O'Clock P.M. Mr. Grassie: Certainly if you wish. Mayor Ferre: I assume you want that because... Father Gibson moves, Plummer seconds that the Manager be instructed to start coming up with the recommendations for improvements on the Dinner Key Marina and do it in conjunction with the Users' Committee and come back to this Commission with a resolution at the next meeting in September. Is that correct? Mrs. Gordon: You mean a recommendation, Maurice? Mayor Ferre: With a recommendation and a resolution so that we could vote on it to get the improvements under way. Mr. Grassie: Are we talking about a bid award? Mayor Ferre: I would imagine if you can come to an agreement with Mr. Iaconis yes you can come to a bid award. Mr. Grassie: Well, with the Users' Committee I don't know whether we can agree with Mx. Iaconis or not but certainly... Mayor Fexre: Who is the Chairman of the Users' Committee? Mr. Iaconis: When you say Users' Committe, are you talking about the Marina Tenants' Association? Mayor Ferre: Yes, the Marina Tenants' Association. Mr. Iaconis: That's an interesting question. I would say that. Mr. Plummer: Who's got the longest straw. Mr. Iaconis: Mr. Plummer, I'm sure you've won many bets on that. Mayor Ferre: What is the answer to that? Mr. Iaconis: Let me say that Mr. Dixon and I have represented the Marina Tenants' Association in the past... Mayor Ferre: Well, until I hear otherwise from the Marina Tenants' Association of Dinner Key I assume that you are the authorized representative. If that changes then.... Mr. Iaconis: I can say this, I am one of the authorized representatives of the Marina Tenants' Association. Mr. Dixon is the immediate past President. Mayor Ferre: Who is the President now? Mx. Iaconis: Ok, the President has floated away so at this particular point.. Mayor Ferre: You'd better get the tenants together.... Mr. Grassie: I'll talk to the officers, Mr. Mayor, whoever the officers want to serve. Mayor Ferre: Whoever the President and the other officers are that's who you deal with. Mr. Iaconis: I am an official pier representative and Mr. Dixon has assumed the responsibility. Mayor Ferre: Mr. Iaconis, we're not going to get into that that's up to the ten- ants to decide who they want representing them ...and come back to us. 75 EL JUL 2 81978 The folid)Wihq Motion Was introduced by Commissioner Gibson, who Moved its adoption: MOTION NO, 78-535 A MOTION INSTRUCTING THE CITY MANAGER TO COME BACK TO THE CITY COMMISSION WITH A RECOMMENDATION FOR IMPROVEMENTS ON "DINNER KEY MARINA" IN CONJUNCTION WITH THE "USERS' COMMITTEE" AND TO DO SO BY DRAFTIDG SAME IN THE FORM OF A RESOLUTION TO BE CONSIDERED AT THE FIRST COMMISSION MEETING IN £EPTEMBER. Upon being seconded by Commissioner Plummer, the motion was passed and adopted the following vote: AYES: Ri "ibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: Nom. ABSENT: Mr. oso. SPECIAL COMMISSION MEETING INTENT FOR USE OF REVENUES 8. CONFIRMING SOUTHERN BELL FRANCHISE RESOLUTION: Mayor Ferre: What else do you have, Mr. Manager? Mr. Grassie: The formalization of the resolution that you asked for yesterday having to do with designating purposes for the Bell Franchise funds if these are adopted by a referendum vote. What this does is incorporate all of the pro- visions that we had outlined to you before with regard to a specific project and it also incorporates language suggested by Commissioner Gordon having to do with the first 1% being within the discretion of the City Commission to de- vote to the reduction of property taxes, in essence an offset against the prop- erty taxes. Now that is the first 1% and it is a portion of it which would be discretionary with the City Commission. Mrs. Gordon: I'll move it. This addresses itself to a multitude of uses that this could be put to, all of the public purposes, all of them that would be nec- essary and also would reduce the Ad Valorem tax bite on the City to some degree. Correct? Mr. Grassie: That's correct, Commissioner. Mayor Ferre: I'm going to tell you something, this is completely and totally different from what this Commission talked about and I specifically took my copy and wrote on it and that's not what this thing says. Now I'm not voting for this. This is not what we wrote and I gave it to you in writing. It said Ad Valorem reduction or and then improvements or products and this is not that at all. Now what goes on around here? Mr. Grassie: Are we talking about the add -on second and third percentages? Mayor Ferre: Have you read this, sir? Mr. Grassie: Yes, I have. It is a more complex question than can easily be resolved doing it in the middle of another meeting. If we do anything about the wording of the language on the 2nd and 3rd percentages we have to change your ordinance, we have to change the language that you have approved for the ballot already, we have to go back to Southern Bell and get their agreement to it and you know that just can't be done between now and 20 minutes from now. What we have done is the thing that is possible. We have tried to accomodate your request, Commissioner Gordon's request and we've given you flexibility with regard to the first 1% because that is not addressed by the new vote. Mayor Ferre: All right, ok, now I understand. All right, Mrs. Gordon move&, Gibson seconds, further discussion on this resolution as presented? Call the roll. 76 AL 2 81978 �EIN1IIIIIIIIIIIIIIIIIIIIIIIIIII■ IIIIIIIII IIIIIIIIIIIIII11111imi■iit The followin9 resolution Was introduced by Commissioner Gordon, who t,oPed its adoption: RESOLUTION NO. 78-536 A RESOLUTION DECLARING THE INTENT OF THE CITY COMMISSION THAT PART OF THE SOUTHERN BELL FRANCHISE FEES FROM THE FIRST ONE PERCENT (1%) BE USED FOR THE DIRECT REDUCTION OF AD VALOREM PROPERTY TAXES WITHIN THE CITY OF MIAMI; AND THE FURTHER INTENT OF THE CITY COMMISSION THAT ALL SOUTHERN BELL FRANCHISE FEES IN EXCESS OF ONE PERCENT (1%) BE USED FOR THE PURPOSE OF PROVIDING FINANCIAL BACKING OF PUBLIC CONSTRUCTION REVENUE BOND ISSUES, AND FOR PROJECT FEASIBILITY STUDIES, INCLUDING NEIGHBORHOOD COMMERCIAL REDEVELOPMENT BUSINESSES AND MINORITY PARTICIPATION IN CERTAIN AREAS OF ECONOMIC STRESS IN THE CITY, AND THE IMPROVEMENT OF SPORTS FACILITIES WITHIN 'IHE CITY AND VARIOUS PARKING GARAGES AS NEEDED THROUGH- OUT THE CITY. (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 J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Ferre: Mr. Grassie, there has been no discussion tonight on the Coconut Grove Sailing Club and I assume that when you come back you will address that issue at that time. Mr. Grassie: That is correct. this public hearing is continued until such time as you are doing here is we are continuing the public hearing meet on the same subject and I'm sure we'll be back. Mayor Ferre: And that come back. So what we until the next time we Mrs. Gordon: Also, may I ask a question, Mr. Grassie, these negotiations asat you're going to carry on, are not going to carry on any the upland all, correct? Mayor Ferre: That's correct. Mr. Grassie: My understanding is that the upland areas are not part of what we are considering at this time. We're talking about the marinas. Mrs. Gordon: Ok, just the marinas, the improvements in the water. Mr. Grassie: That is correct and boat related things like the Dockmaster's, you know anything that is related to the marinas. SPECIAL COMMISSION MEETING JOYCE 9' PERSONAL APPEARANCEt ContinuingH.aroblems in DAY CARE CENTERS Ref- •d 1- Mayor Ferre: I'm sorry to do this but Joyce Lynch has been here all day for six hours waiting to be recognized on the day care centers and I promised her that I would and I didn't do it on purpose, Joyce, I recognize you at this point. Go ahead. And in the future speak out a little bit sooner because it was just com- pletely slip of my mind. Mr. Plummer: I'm not going anywhere, I'm waiting. Ms. Lynch: Good. All right, well we were just wondering if anybody decided that they wanted to listen. Mayor Ferre: We want to listen, Joyce, I'm sorry. It has been a long couple of days, we were here until 1:00 O'Clock last night, we're very tired. You know these ere emotional moments when people argue about things. I know how upset you are and how important it is to you so go ahead. Mr. Grassie, this Commission Meeting is not over. Mr. Walker, do you mind, sir? I'm sorry but we're still in session and I've called this as a special session to hear Ms. Lynch who has been here five or six hours waiting to be heard on the day care centers. Go ahead. Ms. Lynch: What we're talking about tonight is fraud and child abuse. Ok? Mr. Plummer: Let me sit down first. Ms. Lynch: Do I have your attention now? Mayor Ferre: Oh my God. Mr. Plummer: Now tell us you were kidding. Ms. Lynch: I'm not kidding. Mayor Ferre: Those are very heavy words, Joyce. Ms. Lynch: I know they're heavy words and maybe I now have your attention in order to discuss it because five months ago when we came to you in February and we started saying there were problems in the day care centers and then in May you waived your magic wand and said "We'll create a new department and the child- ren will be fine." Mr. Plummer, you're smiling and I have to admit it, you're right because obviously Mr. Grassie, you did intend to do away with the day care centers. What we saw as a preliminary budget no centers can run on. When the City Commission made a commitment to the Haitian children and the Day Care Prog- ram is not even planning to have an Edison Little River Day Care Center for next year this is what has come to pass. When yot. promised the Department of Leisure Services without any extra overhead in administration, what T saw in the Office of Budget and Management was not what I would call inexcessive administration. What we're talking about, and I just want to get down to basics, we asked you for grass and Mr. Grassie said no grass ar.d we didn't get it. We asked you for a bus, Mr. Grassie said no bus and we didn't get it. We asked that the CETA people be removed, the Human Resources audit said the additional people that are clogging up the centers should be removed and we didn't get it. Robbie Chandler tried to stand up here and talk to you and you said you'd give her a hearing and she didn't get it. Now today we are faced with a situation that is the worst yet. An administrator has been named because she has come out to each of the centers individually and announced that she has been named to the new position of Day Care Administrator and this woman has effectively continued a vendetta not only against myself but my organization as well and I am going to tell you the names of seven people now that I guarantee you will be fires within four weeks with the same tactics that were used to fire the previous Day Care Adminis- trator and I want this for the record. There were seven individuals who were involved in the Day Care Central Office and Centers Supervisors and I'm going to name them now: Nellie Humphrey the Supervisor from Shennandoah Day Care Center, nyrka de Llanos who used to be the Parents' Coordinator, Wilhelmina Black who Eat a used to be the Assistant Administrator for the Department, Beatrice Hudnell who is the Center Supervisor now at Moore Day Care Center, Joanne Ellis, a Social Worker and Elinor Dixon the former nurse who is now the Assistant Social Worker. These people within the last ten days have received within a minimum of two to four memos of reprimand and they're being set up and I'm telling you right here and now in public form by the time you get back in September these people will be gcne and they don't have Civil Service due process because they're not Civil Service employees and they are being gotten rid of right now. Now, we asked that we would go back to Leisure Services because of Mr. Howard, we had a meet- ing with Mi. Howard. He did not recognize the Parents' Coalition, however, the Dinner Key Cruising Club can use the facilities of the Captain's Room in the Parks and Recreation Department without any charge. The Parents' Coalition has requested the use of the Day Care Centers and we were told that we would be charged every time that we wanted to use the Day Care Centers to discuss the Day Care Program. Now this is only the beginning. I don't want to harrass you anymore tonight but this situation has got to be stopped or we'll close the centers. You gave us hope and we walked away just at that Meeting on May 25th. You said everything is going to be solved. Well it isn't solved and it is get- ting worse and it's two days ago Carmen Evans said that my children shouldn't be in the Day Care Centers in the City of Miami because I made too much money and they should be in a private center. This is why your day care fees aren't higher because you're effectively eliminating middle class participation in the Day Care Centers. It seems that there is a definite move on to make this a Title XX low income program which completely destroys the philosophy of the program. And when my kids first started in this center three years ago I chose the program among private centers because of that philosophy. Now what we've done is destroy the program and that's exactly what we told you in March. So when you come back in September the budgets are going to be signed and sealed and we're going to have to fight with organizations in the community for Federal Revenue Sharing Funds and we're not going to get it. Mayor Ferre: Mr. Graysie? Mr. Grassie: Yes, sir. Mayor Ferre: I really think, and I hate to put this burden on you because I know you have the budget and you have all of these problems but this has really become a major major problem for the City of Miami, at least I perceive it to be that. I may be wrong and maybe Ms. Lynch is exaggerating, I don't know. I think she has a tendency to do that because you start off your statements by saying that you want to talk about child abuse and you know child abuse.... Ms. Lynch: Let me tell you what happened as far as child abuse. Mayor Ferre: You know that is kind of a strong statement to start off with. Ms. Lynch: There were teachers fighting in Shennandoah Day Care Center on Mon- day using profanity, using word:: like shit, damn and a few others that are more choice than that in front of children and they were not reprimanded. Mayor Ferre: Well Ok, I think we really have to bring it to a head and try to solve this thing and see what's going on. And if she's out of order and if she's wrong then I think it is encumbent, I don't want to hear it anymore from Mr. Parkins or Mr. Al Howard or anybody else, I want to hear it from you. You tell me, and I for one have no question that you're going to tell it like it is which you always do. Now would you lock into this thing personally and come back to this Commission? You just tell us. Mr. Plummer: That's all well and good. Ok? And I want to tell you something. I personally have faith in Mr. Grassie but Maurice, to ask Mr. Grassie to do such when Joyce is convinced that the man is trying to destroy the program is not the answer. Now I see two sides. Ok? I see two sides. Whatever Mr. Grassie comes back with and tells me, whatever he says Joyce is convinced that the man is trying to do away with the program. Ms. Lynch: No, I'm not saying that I'm giving you facts. Other groups are allowed to use City facilities without paying and we because of our feelings are being charged. This is a fact. This is a meeting with_Mr. Howard. Mayor Ferre: You know I don't know, I'm not accepting what Mrs. Lynch is saying as being fact. If it is a fact, if that kind of language is being used by teachers I just don't think that there is any place in the City of Miami Child 79 J IJ L 2 81978 Cate Program for people ttat ran:lot control their tempers or whatever and resort to that type of tactic. 'There is just absolutely simply no excuse. And if that happened then I think we have to know about it and we have to know what is going on. Who is running this program? Who is disciplining, who is setting the pace, where are we going? Mr. Plummer: Well, I'm going to tell you something, Ok? You know I've come the full picture scope of the from being known as anti -Day Care to somewhat coming to the totally opposite side. I want to tell you something, here's where I'm at. I'm at the point where either Mr. Grassie, as I say I have faith in what he says, comes back with a full report and gives me every assurance that this is what's going to be or :'m going to make you a motion to close them completely and totally start from scratch. Now let me tell you something, if I've got to send my child and expose shim to possibly alleged what you say or not send him I'm going to keep him home. Now Ok? Ms. Lynch: Exactly. Fine.., Mayor Ferre: Is there anything else you want to tell us at this point, Joyce? Ms. Lynch: There are otL r thi.r,gs but the point is.... Mr. Plummer: Well let me tell you what to do so we don't have to drag this thing out any further. I would appreciate that you make every one of your points in writing tomorrow and you hand those to Mr. Grassie so that when he does an investigation for this Commission he can address every one of those points. But I want to tell you something, Joyce. Ms. Lynch: Fine. Rev. Gibson: Tomorrow is Saturday. Say Monday,... Mr. Plummer: I'm sorry, Monday is correct. Ms. Lynch: What we woui_. ] ike cio is be in on the investigation. Mr. Plummer: Nc, abs iu`.. Y not. I want you to make your points and I want to • let him do the investigation, Mayor Ferre: No, absc ,n;t=].Y not, Joyce. This is something that is in the Man- ager's hands. Let the Manager case back and tell us. We're not going to ... Ms. Lynch: Fine, we'll mare specific points, specific allegations in writing to yourselves and the. :` Mana'je^ . Mr. Plummer: Fine, I have no problem with that. Mayor Ferre: All right.. is there anything else to come up before this Commis- sion at this time? Mr. Plummer: Wait a minute, yes, what about Mr. Krause? Mr. Grassie: Well, Mr. Krause wa:.4 here for three hours but.... Mayor Ferre: Yes, but :'J1 tell you in all fairness to Plummer, Plummer wanted to bring it out and I sail, "O. L., let's wait until the end of the meeting." It was my fault, I apologize, we'll have to take it up next time. There being no further business to come before the City Commis- sion, the meeting was adjourned at 10:50 O'Clock P.M. ATTEST: Ralph G. Ong.i.e CITY CLERK Matta Hi.nac ASSItTANT CITY CLERK 80 Maun.ice A. Fenne MAYOR JUL 281971 r CITY OF MIAMI DOCUMENT INDEX MEETING DATE: July 28, 1978 ITEM NO 1 3 4 DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 0010 COMISSION AGENDA AND CITY CLERK REPORT CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF OCTOBER 1978 FOR THE PUR- POSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE KNO4N AS ORDINANCE NO. 8840 AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE BIDS AND AWARD CONTRACTS FOR THE "ORANGE BOWL -LOWER PRESS BOX -REFURBISHING -PHASE I AND GATE 14 TICKET OFFICE RENO VATION-1978". DECLARING THE INTENT OF THE CITY COMMISSION THAT PART OF THE SOUTHERN BELL FRANCHISE FEES FROM THE FIRST ONE PERCENT (1%) BE USED FOR THE DIRECT REDUCTION OF AD VALOREM PROPERTY TAXES WITHIN THE CITY OF MIAMI R-78-530 R-78-531 R-78-536 78-530 78-531 78-536